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HomeMy WebLinkAbout2012-09-04 Correspondence�� r i CITY OF IOWA CITY 09-0' -12 MEMORANDUM Z-=' Date: August 24, 2012 To: City Clerk From: Kent Ralston, Acting Traffic Engineering Planner 1`^ Re: Item for September 4, 2012 City Council meeting; Installation of (2) NO PARKING BETWEEN SIGNS signs with arrows in the 2600 block of E. Washington Street As directed by Title 9, Chapter 1, Section 313 of the City Code, this is to advise the City Council of the following action: Action: Pursuant to Section 9 -1 -3A (10); Install (2) NO PARKING BETWEEN SIGNS signs with arrows in the 2600 block of E. Washington Street adjacent to the St. Marks Methodist Church driveway Comment: This action is being taken to restrict on- street parking adjacent to the St. Mark's Methodist Church driveway and increase sight distance for motorists exiting from the church access. � r A '=WX - - ",%Saab. CITY OF IOWA CITY 2 MEMORANDUM - Date: August 24, 2012 To: City Clerk From: Kent Ralston, Acting Traffic Engineering Planner MF_ Re: Item for September 4, 2012 City Council meeting; Installation of (1) NO PARKING CORNER TO HERE sign at the southeast corner of the Mormon Trek Boulevard / Plaen View Drive intersection. As directed by Title 9, Chapter 1, Section 3B of the City Code, this is to advise the City Council of the following action: Action: Pursuant to Section 9 -1 -3A (10); Install (1) NO PARKING CORNER TO HERE sign at the southeast corner of the Mormon Trek Boulevard / Plaen View Drive intersection approximately 50' east of Mormon Trek Boulevard. Comment: This action is being taken to increase the space available for turning movements at said intersection. The existing on- street parking designation makes it difficult for motorists to safely navigate the intersection. Marian Karr 2f(3) From: Publisher - MaGaZiNe yEtU <magazineyetu @gmail.com> Sent: Friday, August 24, 2012 10:30 AM To: Hand, Joe; Rod Sullivan; Marian Karr; tkriz @co.johnson.ia.us; Finnerty, Diane L; Council Subject: New Iowa City Police Video! Dear Friends of MaGaZiNe yEtU, Here is the link to the new You Tube video documentary of the Iowa City Police, and the link to the first video. As you all may remember, I was given a citation for "failure to cross the street properly" out of retaliation for excersizing my rights to be free from illegal search and seizure, as well as other rights. This new video is the second part of this story, you will see a police supervisor allowing a caucasian female to "fail to cross the street properly" directly in fromt of them, right in front of the police station, with no citation nor verbal warning. Yet I was cited over $97.00, and the video from the squad car which they claim will show whether I broke the law or not, is not released. Initially they told me a couple hours, but that was August 1 st, 2012. Go figure. Ist Video New Video! Sincerely, Mr. Longdon publisher kl -- Orders/Price Ouotes Announcements More Info Calendar of Events Scholarships • This correspondence sent from Waeusi Publishing Company DBA MaGaZiNe yEtU • Visit us online on our website! • Like us on Facebook! • Subscribe to us and watch us on You Tube! • Follow us on Twitter! • Write to us at: Waeusi Publishing Company, P.O. Box 1875, Iowa City, IA 52244 - U.S.A • Skype the Publisher at: kenny.longdon SUPPLEmENTAL CrrmzEN CQMPLAiNT I Officer Hamblin Badge #5 SUPPLEMENTAL CITIZEN COMPLAINT Name: Mr. Kenneth Longdon Date: Tuesday, August 28th, 2012 Offending Officer: Officer Hamblin Badge *5 investigating Nicer: Lt. Mike Brotherton Incident Date: Wednesday, August xst, 2012 NaitLUR of Complaint: All previously stated issues in the August 1st, 2012 complaint and all emalls to Iowa City Police staff. Also pursuant to Iowa City Police General Order Number oo-og Section Code ORG- o1(IV)(A) "The Chief of Police is further directed to foster positive relations between the police department... and citizens." In "fostering positive relations ", that would include directing Patrol Lieutenants to "conduct internal investigations... ". See Iowa City Police General Order Number oo -og Section Code CRC- ot(M(B)(1 ). The investigation needed and hereby requested is the investigation requested in this complaint /supplemental complaint. At this ;point, no communication is coming from Lt. Mike Brotherton. Not even an acknowledgement of the emailed requests to him on August 18th, 2012. See U.S.C.A.. Constitutional Amendment i, petition for redress of grievances clause & Constitution of Iowa Article I Section 20. In `fostering positive relations ", that would also include directing Patrol Sergeant Paul Batcheller to "inspect„ and maintain vehicles and equipment" pursuant to Iowa City Police General Order Number 99 -o8 Section We OPS -12. See Iowa °City Police General Order Number oo-og Section Code ORG- o1(M(B)(1) for Patrol Sgt. inspection and maintenance duties. See also U.S.C.A.. Constitutional Amendment 14, due process of law clause which for purposes of this complaint procedural due process also applies. After review of Iowa City Police policies, I find no mandatory requirements for Iowa City Police to initiate video and audio recording pursuant to Iowa City Polite General Order Number 99-08 Section Code OPS-12 in any and all police use of force situations, during Miranda Rights reading, requests for .counsel by suspects, or during search &` "seizure requests /acts. On August 8th, August loth, and August 21st of 2012 I recorded video outside of your office and posted it online. At any and all times in the incidents listed in this complaint /supplemental complaint my rights of - U.S.CJL Constitutional Amendment i, right to pursuit of happiness clause. My personal plans, thoughts, and comings and goings were protected by this right. Officer Hamblin Badge #5 demanded me to tell her these things on the night in question. Did she have reasonable cause to demand that I reveal those things to her? U.S.C.A. Constitutional Amendment 4, right to be free from illegal searches & seizures clause. My person and any property belonging to me were protected by this right. Officer Hamblin Badge #5 attempted to coerce me into giving up that right. I did not voluntarily give up this right. Did she have reasonable cause to search me? U.S.C.A. Constitutional Amendment 14, due process of law clause, [& procedural due process]. Any violations in this complaint /supplemental complaint are also violations of Page 1 of 3 In order for a policy, practice, routine, or action to be justified it must have a neutral government interest, with no other reasonable or practical alternative. I am also under undue duress due to these issues caused by Iowa City Police. The actions listed in this complaint /supplemental complaint would be a miscarriage of justice if not remedied. To grant relief would serve public interest, and protect residents and visitors rights, as well as grant justice to me. g tg i ef,EMmated: All previously requested relief in the August 18t, 2012 complaint and all emails to Iowa City Police staff. ■ I would like a formal record made of this complaint. I requested an impartial investigation into Officer Hamblin's actions of retaliation against me. ■ I would like citation statistics /data on Officer Hamblin's rate of citation and for searches & seizures, ■ I would like the dispatch data from the incident in question at 22:36PM to show the response details, and other officers who responded. ■ In addition, I would like dispatch data and any other supporting data from Officer Hamblin's alleged contact with me to warn me of violating the pedestrian signal ordinance prior to 22:36PM on August 1st, 2012. ■ Also I would like copies of all reports by all responding officers to both events.. ■ I would like to know the time frame for internal investigations conducted in the Iowa City Police Department. A formal apology for illegal retaliation against me ➢ A briefing by Iowa City Police training staff to advise officers of citizens' rights and proper ways to engage or interact with them ➢ A plan of action by Iowa City Police to ensure that this situation will not be continued ➢ And any other relief deemed just and rightful I would like you to email me the findings of your investigation of my written complaint, supplemental complaint, as well as any emails sent to Iowa City Police staff. Page 2 of 3 e5 SUPPLEMENTAL CTTIZEN COMPLAINT I Officer Hamblin Badge #5 Respectfully Submitted, Mr. kenneth Longdon, complainant State of ;Iowa ) ) ss. County of Johnson ) Subscribed and sworn before me by Mr. Kenneth Longdon on this to day of August 2012. SARAVAN05 tAd . , • C ��aMMn� Nuniairr ��r2� Notary Public My commission expires on Page 3 of 3 09-04-TY 2f(4) Bicyclists of Iowa City PO BOX 846 IOWA CITY, IOWA 52244-0846 August 27, 2012 Dear City Council: Bicyclist of Iowa City would like to thank the Iowa City Police and specifically officer Zach Murguina and other members of the late night patrol for their efforts to enforce the bike light ordinance. Citations are being given to bicyclist riding without appropriate lights after dark. In cooperation with Think Bicycling and local bike shops, cyclists who show proof that they have installed appropriate head and tail lights within 10 days can have the citation waived. Requiring bicyclist to have appropriate lights makes our community safer for everyone. The requirement boosts Iowa City's reputation as a bike friendly community. There's no doubt, that the police department's efforts will enhance the likelihood that Iowa City will gain Silver level recognition when we apply for renewal of our Bicycle Friendly Community Award with the League of American Bicyclist in 2013. We appreciate the police department's effort and encourage them to continue this good work. Sincerely, A,— Bob Oppliger (on behalf of the Executive Committee) Education and Advocacy Coordinator Bicyclist of Iowa City cc Chief Samuel E. Hargadine Marian Karr From: Julie Eisele <julieeisele @hotmail.com> Sent: Monday, August 27, 2012 3:47 PM To: Council Subject: ICCSD issues Dear City Council: 2f(5) I would like to take this moment to echo every sentiment expressed in the recent Press Citizen editorial, "Guest Opinion: District has options other than a new high school." I appreciate that Mayor Matt Hayek has spoken out on this issue and I hope the council will follow that lead. The city has nothing to gain from staying silent on this important issue. I do not live in Iowa City proper, but my children have all attended Iowa City schools and two of them are now University of Iowa students. We have a great community, but there is much at stake. Please help our community and school district lead the way. Julie Eisele Marian Karr From: Stephen Murley < Murley.Stephen @iccsd.k12.ia.us> Sent: Wednesday, August 29, 2012 11:59 AM To: Baker, Sheila A; Board; Council Subject: RE: Support Iowa City schools Greetings, In the past few days I have heard from many constituents on this issue. I have responded individually to many of these emails. In the interest of ensuring that the message is consistent I have borrowed from these responses to put together a more comprehensive response that I can share with constituents who write with similar concerns. First, thank you for participating in this important dialog and writing to share your thoughts about the challenges facing the District. I have heard from many concerned citizens in the past few weeks about perceptions of inequity in the distribution of resources specifically related to our older schools, the need for more seats at the elementary level, and in regard to the 3rd comprehensive high school. I understand your concerns about these issues. One that comes up at this time of the year concerns air conditioning and pertains to many schools in our District. As we discuss long -range planning, air conditioning is one of the items that comes up repeatedly. We have also heard from many in the community about the need for more seats at the elementary level. This is clearly a need when you look at the number of modular classrooms required to provide the necessary educational space for our children. We have taken this input into consideration and will be including it in our discussion regarding the needs of existing infrastructure as we deal with the growth that the District has faced and will continue to face in the upcoming years. All of these issues will be included in upcoming discussions regarding long -range facility planning. Again, my thanks for your interest in the District and for your participation in the dialog regarding solutions to these issues! Steve Stephen T_ Murley Superintendent of Schools Iowa City Community School District 1725 North Dodge Street Iowa City, IA 52245 -9589 Phone: 319 -688 -1000 Fax: 319-688-1009 Web: httn: / /www.iowacitvschools.om IOWA CITY COMMUNITY SCUML OWnUCT From: Baker, Sheila A [mailto:sheila- baker @uiowa.edu] Sent: Tuesday, August 28, 2012 10:29 AM To: Stephen Murley; Board; council @iowa - city.org Subject: Support Iowa City schools Dear Neighbors, I was recruited to work at the University of Iowa in 2010. In visiting the area and looking for a place in which I would be happy and proud to live, I immediately fell in love with the Eastside neighborhood of Iowa City. As you well know, this an established neighborhood with both older residents and young growing families. It is a neighborhood were people care about the appearance of their home and lawns, where I can chat with friends as I walk about the block or in Hickory Hill park. I initially thought an added advantage was my proximity to City High. But over the last two years, I have come to realize that the infrastructure of Iowa City's public schools is substandard. I certainly understand that I am part of a community where the growth in the Coralville and North Liberty neighborhoods affects me. However, I strongly urge you to reconsider the building of the proposed new high school since the expense of that project will prevent any of the desperately needed improvements in the Iowa City schools (from the elementary schools to the sadly outdated City High). I want Iowa City schools to be strong because I want my tax dollars to be spent on infrastructure that directly benefits my property value, my family and my neighbors. Sincerely, Sheila A Baker Assistant Professor University of Iowa 2522 Mayfield Rd Iowa City Notice: This UI Health Care e -mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510 -2521, is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error, then delete it. Thank you. NOTICE: All email communications to and from the District's email server are archived in accordance with District policy and procedures. This email communication, including attachments, contains information which may be confidential and/or legally privileged, and may otherwise be exempt from disclosure under applicable law. The information is intended solely for the use of the addressee. If you are not the intended recipient or believe you received this communication in error, please reply to the sender indicating that fact and delete the copy you received. In addition, if you are not the intended recipient or believe you received this communication in error, any unauthorized retention, copying, disclosure, distribution, or other use of the information is strictly prohibited. Thank you. Marian Karr From: Phil Hemingway <phil @phiisrepairllc.com> Sent: Monday, August 27, 2012 10:24 PM To: Council Subject: School Board lacks direction Dear Council members: Thank you for your hard work and leadership for our community. 1 felt the Mayor's letter in the paper was right on and Councilman's Throgmorton's attendance at a School Board listening post excellent and necessary to get the Board's attention. As I have written the Mayor on a few issues, I feel there can be a better relationship between the City and the Schools to the benefit of both. The School Board's lack of leadership is costing our entire community and undermines your efforts as well. I am doing what I can as a citizen. I know what I would be doing if 80 more votes would have made me a Board member. Thank you Phil Please find below a copy of an email sent to the ICCSD Board of Directors. It is time for you as a body to act, not to delay, not to put off, but to make difficult decisions that you were elected by the populace to do. To the new members who I was at the same forums as you, there wasn't one of you at the time that was saying that we needed to build a new high school. The answer was always "use existing capacity" which we have plenty of at the high school level. And for the veterans of the Board, with all the money we spent with RSP and still are tweaking their recommendations, so essentially we are doing nothing, that $109,000.00 was spent wisely. We have an Administration payroll of close to 2 million dollars a year. We have more Masters than Augusta. We don't need to be hiring consultants on this one. The Kirkwood Career Development Center which the taxpayers of Johnson County have already underwritten to the tune of 46 -48 million dollars should not have to spend another 40 million dollars for another high school until the impact of the Kirkwood addition is completed. As the RSP found, we are lacking capacity in our Elementary schools. The resignation of Paul Schulz is a welcome sign that we will address the needs of older schools so the educational experience of all the students in the district is similar. When the Mayor of Iowa City writes a letter addressing his concerns on the Board's abandonment of Iowa City, you should take note. When a Councilman comes to a Board listening post and expresses concerns on the same vein, you should take note. Your failure to make a decision is widening the gap and does not address the present problem. More students will have to go to City High - an excellent school. Your attention to this matter is greatly appreciated. Sincerely, Phil General Manager PHIL'S REPAIR, LLC Shop: 319 - 341 -6098 Cell: 319 - 430 -9373 1 Marian Karr From: Alward, Wallace <wallace - award @uiowa.edu> Sent: Tuesday, August 28, 2012 10:25 AM To: Council Subject: Proposed new high school Dear City Council members, I would like to add my voice to those asking that Iowa City consider spending money on our aging schools, rather than building a new high school. I felt fortunate that my three children were able to attend Hoover, Southeast and City High. They received a great education and were prepared for college and careers. But, it seems that the schools on the east side are slipping and are in need of attention. The widening gap in academic performance with West High is concerning. I believe that the city would be wise to spend the proposed money on the existing schools to invigorate the east side schools and neighborhoods. Thank you for your attention to this. Wallace L.M. Alward, M.D. 2015 Ridgeway Drive Iowa City, Iowa 52245 (319) 354 -2083 Notice: This UI Health Care e-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.G. 2510 -2521, is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error, then delete it. Thank you. Marian Karr From: Verdick, Randall E <randall- verdick @uiowa.edu> Sent: Wednesday, August 29, 2012 8:42 AM To: Council Please spend the next 30 million school construction dollars in Iowa City.We do not need a new high school at this time. Let's reward City High for their great achievements., Randall Verdick, FOPS Educational Media Coordinator Department of Ophthalmology University of Iowa Notice: This UI Health Care e-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510 -2521, is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error, then delete it. Thank you. Marian Karr From: Stephen Murley <M u rley. Stephen @iccsd. k1 2. ia. us> Sent: Thursday, August 30, 2012 10:45 AM To: Riley, Janet B Cc: Board; Council Subject: RE: Greetings Janet, In the past few days I have heard from many constituents on this issue. I have responded individually to many of these emails. In the interest of ensuring that the message is consistent I have borrowed from these responses to put together a more comprehensive response that I can share with constituents who write with similar concerns. First, thank you for participating in this important dialog and writing to share your thoughts about the challenges facing the District. I have heard from many concerned citizens in the past few weeks about perceptions of inequity in the distribution of resources specifically related to our older schools, the need for more seats at the elementary level, and in regard to the 3rd comprehensive high school. I understand your concerns about these issues. One that comes up at this time of the year concerns air conditioning and pertains to many schools in our District. As we discuss long -range planning, air conditioning is one of the items that comes up repeatedly. We have also heard from many in the community about the need for more seats at the elementary level. This is clearly a need when you look at the number of modular classrooms required to provide the necessary educational space for our children. We have taken this input into consideration and will be including it in our discussion regarding the needs of existing infrastructure as we deal with the growth that the District has faced and will continue to face in the upcoming years. All of these issues will be included in upcoming discussions regarding long -range facility planning. Again, my thanks for your interest in the District and for your participation in the dialog regarding solutions to these issues! Steve Stcphm IF. 9tu&y Superintendent of Schools Iowa City Community School District 1725 North Dodge Street Iowa City, IA 52245 -9589 Phone: 319 -688 -1000 Fax: 319- 688 -1009 Web: httv: / /www.iowacitvschools.org IOWA CITY COMMUNITY SCHOOL 1*%TRICF From: Riley, Janet B [mailto:janet -riley @uiowa.edu] Sent: Thursday, August 30, 2012 8:36 AM To: Board; Stephen Murley; council @iowa- city.org Subject: Dear all, This is a very critical time regarding the health of our current school district. Please stop talking about a third high school. You need to deal with the current state of our school district. We have aging schools, one high school that is not filled to its full capacity and the need for new elementary schools on the east side of Iowa City. These are the immediate problems to address... not building a third high school. I voted for all of you on the school board. I voted for each of you because I agreed with the ideas that you represented for our children, our schools and our neighborhoods. This is the time for action. Thank you, Jan Riley Janet Riley, RN, BSN Clinic and Research Coordinator Department of Ophthalmology University of Iowa Hospitals and Clinics 200 Hawkins Drive Iowa City, IA 52242 -1091 Phone: 319- 356 -2429 Fax 319 - 384 -7055 Email: Janet- riley(ZD_uiowa.edu Notice: This UI Health Care e -mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510 -2521, is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error, then delete it. Thank you. NOTICE: All email communications to and from the District's email server are archived in accordance with District policy and procedures. This email communication, including attachments, contains information which may be confidential and /or legally privileged, and may otherwise be exempt from disclosure under applicable law. The information is intended solely for the use of the addressee. If you are not the intended recipient or believe you received this communication in error, please reply to the sender indicating that fact and delete the copy you received. In addition, if you are not the intended recipient or believe you received this communication in error, any unauthorized retention, copying, disclosure, distribution, or other use of the information is strictly prohibited. Thank you. Marian Karr From: Stephen Murley < Murley.Stephen @iccsd.k12.ia.us> Sent: Friday, August 31, 2012 12:25 PM To: Spofford, Christina M Cc: Board; Council Subject: RE: School expansions Greetings Christina, In the past few days I have heard from many constituents on this issue. I have responded individually to many of these emails. In the interest of ensuring that the message is consistent I have borrowed from these responses to put together a more comprehensive response that I can share with constituents who write with similar concerns. First, thank you for participating in this important dialog and writing to share your thoughts about the challenges facing the District. I have heard from many concerned citizens in the past few weeks about perceptions of inequity in the distribution of resources specifically related to our older schools, the need for more seats at the elementary level, and in regard to the 3rd comprehensive high school. I understand your concerns about these issues. One that comes up at this time of the year concerns air conditioning and pertains to many schools in our District. As we discuss long -range planning, air conditioning is one of the items that comes up repeatedly. We have also heard from many in the community about the need for more seats at the elementary level. This is clearly a need when you look at the number of modular classrooms required to provide the necessary educational space for our children. We have taken this input into consideration and will be including it in our discussion regarding the needs of existing infrastructure as we deal with the growth that the District has faced and will continue to face in the upcoming years. All of these issues will be included in upcoming discussions regarding long -range facility planning. Again, my thanks for your interest in the District and for your participation in the dialog regarding solutions to these issues! Steve StyFsn T. Mur4p Superintendent of Schools Iowa City Community School District 1725 North Dodge Street Iowa City, IA 52245 -9589 Phone: 319 -688 -1000 Fax: 319 -688 -1009 Web: http: / /www.iowacityschools.org IOWA !CITY COMMUNITY SCHOOL aWVCr srarr�. rrI+rw From: Spofford, Christina M [mailto :christina- spofford @uiowa.edu] Sent: Friday, August 31, 2012 12:04 PM To: Board; Stephen Murley; council @iowa - city.org Subject: School expansions Dear Mr. Murley, ICCSD Board and Council members, I am writing today to express some concerns I have with the future of the ICCSD. I am a resident and tax payer of Iowa City and parent of children at Shimek Elementary. One of the reasons that I stayed in Iowa City after finishing my training at the University of Iowa Hospitals & Clinics was the excellent reputation of public schools. Our family, like most in Iowa City, believe that education for children is extremely important. In the recent days, you have closed school early because of heat. I am appalled that we still have buildings, in particular multi -story buildings, without adequate climate control. Besides making it a difficult environment to learn in, I cannot imagine heading a classroom on the 3`d floor with this heat. Limiting the school day and still having "credit" for a full day is clearly not in the best interest of our students. I understand that there is talk about creating new schools, in particular, a new high school in North Liberty. I agree that long term planning requires the investment in new schools, but I feel that some of our older schools are in great disrepair. The modernization of these buildings (with air conditioning) should really be a top priority, especially if the school year will start in mid - August. I also believe, from talking to parents with children at other schools, that elementary crowding is a big problem. The new schools in North Liberty are likely easing this burden for some of the Coralville schools, but what is being done to address the issue of schools in Eastside Iowa City? Most of our revenue comes from families residing in Iowa City -yet the schools their children go to are the oldest and most in need of updating. What is being done to restore the older schools (Horace Mann, Longfellow, etc)? Sometimes closing them is the best way (Roosevelt), but what happens to those neighborhoods then? I would urge you to consider these issues, and spending the money we have on the updating and restoration of our current elementary and high schools. Doing so will keep the Iowa City neighborhoods a place of pride, with quality schools nearby. In the years to come, when a new high school is needed, we can consider building one in North Liberty. Best regards, Christina M. Spofford, MD, PhD Notice: This UI Health Care e-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510 -2521, is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error, then delete it. Thank you. NOTICE: All email communications to and from the District's email server are archived in accordance with District policy and procedures. This email communication, including attachments, contains information which may be confidential and /or legally privileged, and may otherwise be exempt from disclosure under applicable law. The information is intended solely for the use of the addressee. If you are not the intended recipient or believe you received this communication in error, please reply to the sender indicating that fact and delete the copy you received. In addition, if you are not the intended recipient or believe you received this communication in error, any unauthorized retention, copying, disclosure, distribution, or other use of the information is strictly prohibited. Thank you. Marian Karr From: Stephen Murley < Murley.Stephen @iccsd.k12.ia.us> Sent: Friday, August 31, 2012 10:42 AM To: Messingham, Kelly Cc: Board; Council Subject: RE: Allocation of ICCSD funds Greetings Kelly, In the past few days I have heard from many constituents on this issue. I have responded individually to many of these emails. In the interest of ensuring that the message is consistent I have borrowed from these responses to put together a more comprehensive response that I can share with constituents who write with similar concerns. First, thank you for participating in this important dialog and writing to share your thoughts about the challenges facing the District. I have heard from many concerned citizens in the past few weeks about perceptions of inequity in the distribution of resources specifically related to our older schools, the need for more seats at the elementary level, and in regard to the 3`d comprehensive high school. I understand your concerns about these issues. One that comes up at this time of the year concerns air conditioning and pertains to many schools in our District. As we discuss long -range planning, air conditioning is one of the items that comes up repeatedly. We have also heard from many in the community about the need for more seats at the elementary level. This is clearly a need when you look at the number of modular classrooms required to provide the necessary educational space for our children. We have taken this input into consideration and will be including it in our discussion regarding the needs of existing infrastructure as we deal with the growth that the District has faced and will continue to face in the upcoming years. All of these issues will be included in upcoming discussions regarding long -range facility planning. Again, my thanks for your interest in the District and for your participation in the dialog regarding solutions to these issues! Steve Stepfi n T. 9KWky Superintendent of Schools Iowa City Community School District 1725 North Dodge Street Iowa City, IA 52245 -9589 Phone: 319 -688 -1000 Fax: 319-688-1009 Web: http: / /www.iowacityschools.org IOWA Cn" f COMMUNITY SCtiIQOi DUTRiL7 ft--.0 , From: Messingham, Kelly [mailto :kelly- messingham @uiowa.edu] Sent: Friday, August 31, 2012 10:31 AM To: Board; council @iowa - city.org Cc: Stephen Murley Subject: Allocation of ICCSD funds Mr. Stephen Murley, and members of the Iowa City Community School District and the City Council of Iowa City, I am writing to express my concern regarding the current discussion of the proposed third high school in the ICCSD. As a resident of Iowa City, I am baffled by this discussion when one of our current high schools is under capacity. Additionally, it seems that all of the tax dollars in our district are being disproportionally allocated to Coralville and North Liberty. Why don't the good people of Iowa City deserve to have some of the dollars spent on their schools? My children attend Hoover, a school that we love, but it is severely over capacity and understaffed as I am sure many other elementary schools are. If this is not the case, then there is really no need for a third high school. Instead of building another high school, don't you think a better immediate goal might be to invest wisely in our current buildings and hire and /or retain the fantastic teachers our children deserve? I guarantee this would be less costly and would be an agreeable solution to the majority of citizens - how can anyone argue with updating buildings and hiring teachers? If you really must build a new building, please consider a new Iowa City elementary school where the average age of the schools is over 50 years while in Coralville is 26.5 years, and in North Liberty is 16.5 years. Five new schools have been built (four elementary schools and a junior high school) in Coralville and North Liberty in the past 15 years at a total cost to the taxpayers of 49 million dollars. No new schools have been built in Iowa City since 1993. This is a startling number since 78.7% of the property tax that is used to support the schools is collected from the residents of Iowa City. Please consider the facts. The right choice is clear. Thank you for your time. Sincerely, Kelly Messingham Notice: This UI Health Care e-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510 -2521, is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error, then delete it. Thank you. NOTICE: All email communications to and from the District's email server are archived in accordance with District policy and procedures. This email communication, including attachments, contains information which may be confidential and/or legally privileged, and may otherwise be exempt from disclosure under applicable law. The information is intended solely for the use of the addressee. If you are not the intended recipient or believe you received this communication in error, please reply to the sender indicating that fact and delete the copy you received. In addition, if you are not the intended recipient or believe you received this communication in error, any unauthorized retention, copying, disclosure, distribution, or other use of the information is strictly prohibited. Thank you. P' Marian Karr From: Buatti, John <john- buatti @uiowa.edu> Sent: Friday, August 31, 2012 9:53 AM To: Council Subject: Iowa City Schools To whom it may concern: I believe that quality education has been a cornerstone of Iowa and Iowa City specifically. With today as no exception to that belief, we all are aware that there are scarce resources and numerous impending financial strains on our citizens and our government. I believe re- investment and renewed commitment to our two outstanding high schools is far more fiscally sound than an approach adding an entire infrastructure of personnel and building costs at a third location. It is frankly an irresponsible spending project with little bona fide need being clear. I believe that clear vision and commitment to these existing schools will maintain a rich, diverse and balanced Iowa City community far more than expansion into a new third school that will further divide our community commitments and loyalties. Please re- invest in our current infrastructure. There are needs at both high - school and grade school level and diverting funds and efforts towards a new project is the last thing our community needs. Please be sensible and re- commit. John M. Buatti, MD A concerned Iowa City Citizen. Notice: This UI Health Care e-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510 -2521, is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error, then delete it. Thank you. :;:� --; (5 ) Marian Karr From: Karen Kelly <aerokaren@g mail. com > Sent: Tuesday, September 04, 2012 10:30 AM To: Board @iccsd.k12.ia.us; Council Subject: 3rd high school Dear ICCSD and Council Board Members, I write to you today with heavy concerns about the continuing discussions about expanding the school district to include a 3rd high school. While realizing that the Iowa City /Coralville/North Liberty communities are ever expanding, I also recognize that any contruction of a third comprehensive high school would come at a considerable finacial investment to contruct AND staff. Money and space may be available now for contruction, but will there be money in the future to adequately STAFF another high school. Just last year there was the looming threat of teacher layoffs at West High that would have impacted the curriculum and a large portion of the students by reducing many options for classes for our kids. If it was thought at that time that there was not enough money to adequately staff the EXISTING school effecivetly, why on earth would the discussion of adding and entire ADDITIONAL high school even be brought up? Those layoff s were dodged for the time being, but how long before they might loom again even more so if the limited resources /money in the ICCSD budget gets spread even thinner to accomodate an addtional high school? It is also apparent that many of the existing schools are in need of repairs. Abandoning Roosevelt school only to build a new school elsewhere to funnel the kids into seems like a gross waste of money. Any newly contructed school will cost in the millions to build and while remodeling /repairing isn't cheap either, if you are saving on buying land and already have existing structures to work with, I truly can't imagine starting over on newly purchased land can really be more cost effective than repairing existing structures or adding on to them to allow for expansion. I think there are many, many other issues in ALL the current ICCSD schools that need addressing FAR before even thinking of expanding into a 3rd high school at this time. I have no problem with my taxes going toward improving our schools in general, but I do have a problem with my hard earned dollars being poured into new contruction when it could be much better put to use to improve and strengthen our exisiting school system. Please consider all options, do not be swayed by the glitz of "new and improved" when continued building, building, building, is not necessarily IMPROVED enough to make it worth the large price tag now and in the future. Thank you very much for considering my opinion. Karen G. Kelly 1481 Walker Way Coralville, IA 52241 319- 430 -6027 Marian Karr From: Stephen Murley < Murley. Stephen @iccsd.k12.ia.us> Sent: Tuesday, September 04, 2012 1:56 PM To: Karrie Craig Cc: Board; Ann Feldmann; Council Subject: RE: Decisions Greetings Karrie, In recent weeks I have heard from many constituents on this issue. I have responded individually to many of these emails. In the interest of ensuring that the message is consistent I have borrowed from these responses to put together a more comprehensive response that I can share with constituents who write with similar concerns. First, thank you for participating in this important dialog and writing to share your thoughts about the challenges facing the District. I have heard from many concerned citizens in the past few weeks about perceptions of inequity in the distribution of resources specifically related to our older schools, the need for more seats at the elementary level, and in regard to the 3rd comprehensive high school. I understand your concerns about these issues. One that comes up at this time of the year concerns air conditioning and pertains to many schools in our District. As we discuss long -range planning, air conditioning is one of the items that comes up repeatedly. We have also heard from many in the community about the need for more seats at the elementary level. This is clearly a need when you look at the number of modular classrooms required to provide the necessary educational space for our children. We have taken this input into consideration and will be including it in our discussion regarding the needs of existing infrastructure as we deal with the growth that the District has faced and will continue to face in the upcoming years. All of these issues will be included in upcoming discussions regarding long -range facility planning. Again, my thanks for your interest in the District and for your participation in the dialog regarding solutions to these issues! Steve Stq&x IF. 914wky Superintendent of Schools Iowa City Community School District 1725 North Dodge Street Iowa City, IA 52245 -9589 Phone: 319 -688 -1000 Fax: 319 -688 -1009 Web: http: / /www.iowacityschools.org 6 IOWA CI'T'Y COMIVIVN ITY SCHOOL e From: Karrie Craig [mailto:thecraigfamily @mchsi.com] Sent: Tuesday, September 04, 2012 12:22 PM To: Board; Stephen Murley; Ann Feldmann; council @iowa - city.org Subject: Decisions I ask that the ICCSD School Board and Administration, along with the support of the IC Council, move forward in making decisions that are best for the majority of children in the ICCSD. -- Existing schools must be both maintained and updated. -- Elementary school capacity must be provided where needed (currently the eastside of IC and Penn Elementary) through new elementary schools or permanent additions. -- Junior high boundaries must be revisited —there will be a mixed feeder system as it has been previously. -- Support must be given for two comprehensive high schools to best serve the most children in the ICCSD. ICCSD is known for its outstanding public schools — especially for its two amazing comprehensive high schools. A 2,000 student high school is by no means a mega -high school and our community has shown that families prefer a school that size through the actions of many families choosing to keep their children in a 2,000 person high school when other, smaller options exist (City High and surrounding school districts). Our community supports and prefers larger high schools and all of the offerings and programming that comes with them — our actions have proven that over the past several years. We cannot afford to fund and staff a third high school at the expense of all the other students and schools in the district. The release of SILO set -aside funds (and the commitment of future funds) to maintain existing schools, add elementary capacity, and build permanent additions to both WHS and CHS are imperative to the health and growth of the ICCSD and to our communities and the children who live, learn and grow here. Please use the ICCSD funds to support healthy, vibrant, updated schools that our community can use to educate the children who are fortunate enough to live here. Thank you for your service to the children, their families, our schools' staffs, and all residents of the ICCSD. Karrie Craig Iowa City resident and parent of three ICCSD students NOTICE: All email communications to and from the District's email server are archived in accordance with District policy and procedures. This email communication, including attachments, contains information which may be confidential and /or legally privileged, and may otherwise be exempt from disclosure under applicable law. The information is intended solely for the use of the addressee. If you are not the intended recipient or believe you received this communication in error, please reply to the sender indicating that fact and delete the copy you received. In addition, if you are not the intended recipient or believe you received this communication in error, any unauthorized retention, copying, disclosure, distribution, or other use of the information is strictly prohibited. Thank you. Marian Karr 2f(6) NOW- From: Anthony Browne <anthony.browne @live.com> Sent: Tuesday, August 28, 2012 6:38 AM To: Council Subject: FW: Proposed amendments to city code Attachments: ProposalAnthonyBrowne.zip From: Anthony Browne [ mailto:anthony.browne @live.com] Sent: Monday, August 27, 2012 9:56 PM To: Council Cc: matt-hayek @iowa- city.org; susan -mims @iowa- city.org; 'terry- dickens @iowa- city.org'; 'rick- dobyns @iowa- city.org'; 'michelle -payne @iowa - city.org'; 'jim- throgmorton @iowa- city.org'; Tom Markus Subject: Proposed amendments to city code Hello City Council, I am Anthony Browne and I would like to submit proposed amendments to the Iowa City Code. This is in regards to both the proposed sidewalk cafe ordinance and the existing mobile vendor ordinance. I have attached a zip file named 'Pro posalAnthonyBrowne.zip' that contains three PDFs: Proposed Amendments.pdf, Policy.pdf, and Proposed Ordinance.pdf. I will explain the contents of these PDFs below. ProposedAmendments. pdf I have highlighted the portions of the proposed sidewalk cafe ordinance that I think should be changed. The portions that aren't highlighted are verbatim from the original. Regarding section C, the blue highlighted text is copied verbatim from the Policy, section Easement Agreement, items 1 -6. 1 believe this section from the Policy belongs in the Ordinance itself. This verbiage describes the parameters of the easement agreement previously defined in both section B and the first sentence of section C. I believe this language belongs here. The green highlighted text in section C is text that I actually added. This text more accurately describes and defines the terms of any easement agreement under this Ordinance and, more importantly, can resolve the dispute about the "lottery" that has arisen. If the lottery is removed and all applicants must submit their applications for an easement agreement on or before January 31St of the calendar year the easement agreement will cover, the City Manager can efficiently react to applications, as well as efficiently resolve any disputing applications. This would be wiser than creating a burdensome lottery. This also will make the process uniform with the way mobile vendor applications are handled. This would also provide sufficient due process to all parties, as any applicant denied an easement agreement due to competition could re -apply the following year. I feel this is a clean and elegant solution, satisfying the best interests of the City and any applicant for an easement agreement. The only problem this causes is that January 31, 2013 would be the first opportunity to do a first run. Some language would have to be added to the Policy to allow a trial run in 2012. The yellow highlighted text in sections G -J are items that I believe should be moved verbatim to the Policy. These items can all be changed by resolution and should therefore be in the Policy. The blue highlighted text in section N is text that as copied verbatim from the Policy, section Cafes on the Street, item 12. This appears to be language that would never change and therefore should be in the Ordinance, in my opinion. Policy.pdf I propose four changes to the Policy and they all have been described above. The first change is to move sections G -J from the Ordinance to items 9 -12 of section Operation of Sidewalk Cafes of the Policy. I also propose all of the section Easement Agreement, items 1 -6, should be moved to section C of the Ordinance. Additionally, I propose that item 12 of the section entitled Cafes on the Street be moved in its entirety to section N of the Ordinance. Finally, I believe that item 13 should be stricken in its entirety. Proposed Ordinonce.pdf I propose that a new Ordinance be enacted that increases the number of mobile vendors from six (6) to eight (8). It is evident by the enactment of the new sidewalk cafe ordinance that it would not be against the public interest to increase the number of mobile vendors. Therefore, I would urge the Council to submit this proposed ordinance and increase the number of mobile vendors from six (6) to eight (8). Thank You For Your Time, Anthony Browne On behalf of Hillery's BBQ Prepared by: Anthony Browne, anthonv.browne(cDlive.com ORDINANCE NO. ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, ENTITLED "PUBLIC WAYS AND PROPERTY," CHAPTER 3, ENTITLED "COMMERCIAL USE OF SIDEWALKS," SECTION 5, ENTITLED, "USE BY MOBILE VENDORS," TO INCREASE THE NUMBER OF VENDORS IN CITY PLAZA. WHEREAS, regulating the public right -of -way by commercial businesses ensures the safe movement of pedestrians and fair commercial use of the right -of -way; WHEREAS, section 10 -3 -5 presently provides that the City may issue six permits for mobile vending in City Plaza; and WHEREAS, increasing the number of vendors in City Plaza will fairly allocate the space in City Plaza for lawful commercial uses. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 10, entitled 'Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 5, entitled "Use by Mobile Vendors," is hereby amended by deleting Subsection A, Paragraph 2a in its entirety and by substituting in its place the following new paragraph: No more than eight (8) permits shall be issued each calendar year. All permits shall be issued for city plaza except that up to two (2) permits may be issued for the 100, 200, and 300 blocks of Iowa Avenue. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. PENALTIES FOR VIOLATION. The violation of any provision of this ordinance is a municipal infraction or a simple misdemeanor. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of 12012. Marian Karr 2f(7) From: Stan Laverman Sent: Wednesday, August 29, 2012 1:58 PM To: Tom Markus; 'jcwagner0507 @gmail.com' Cc: Marian Karr; Geoff Fruin; Adam Bentley; Doug Boothroy Subject: RE: Apartments Downtown Mr. Wagner - Disputes over damage deposits are a private contract matter that are not handled by the city of Iowa City. As it is a civil issue, if you feel you have been unfairly treated your recourse is to proceed legally through a small claims action against your landlord. Since you are a student at The University of Iowa I would direct you to Student Legal Services located at the IMU. Their phone number is 319 - 335 -3276 and they are equipped to guide you through the legal process. All rental property in Iowa City is systematically inspected every two years. It has been my experience that apartments owned by Apartments Downtown meet the requirements of our housing code at the time of inspection or are quickly brought into compliance by the 30 day re- inspection. It is also my experience that during apartment turnover many apartment managers are initially overwhelmed with maintenance request as new tenants move in and they work quickly during the 1st month of tenancy to bring their properties into compliance. It is important that tenants fill out the move - in check list accurately to reflect the condition of their apartments, and hopefully this helps eliminate disputes at the end of their lease. Stan Laverman Senior Housing Inspector City of Iowa City (319)356 -5135 (0) (319)530 -4076 (C) Stan- laverman @iowa- citv.org - - - -- Original Message---- - From: Tom Markus Sent: Wednesday, August 29, 2012 11:45 AM To: Stan Laverman Cc: Marian Karr; Geoff Fruin; Adam Bentley Subject: FW: Apartments Downtown Copy your response to me and Marian so she can include in a future consent agenda. - - - -- Original Message---- - From: Jordan Wagner [mailto:jcwagner0507 @ gmail.com] Sent: Tuesday, August 28, 2012 8:02 PM To: Council Subject: Apartments Downtown The city of Iowa City needs to seriously begin looking at the operations of Apts Downtown. Although their rates are extremely high that is not the main concern. Nearly all of their units are in horrendous shape, yet year in and year out they find ways to charge tenants moving out outrageous charges for "damages" that in most cases were there at the beginning of the year and never fixed by the company. While they provide move in check lists the units are in such bad condition that it is literally impossible to note all damages, and the company takes advantage of this by gauging ex tenants. The amount of charges the company lists for damages are obviously meant to deprive customers of their deposits. After renting from the company twice, due to lack of other options, these were some of the worst charges received: - we were charges $200 for a hole in the door that was there when we moved in, this charge was to fix the door. On the same statement we were also charged $200 to fix that very same door. - we were charged multiple times for a bad spakle job an excess of $100 per "room ". Not only did we not spakle a single wall, but Apts Downtown employees entered the unit early on the year for touch ups in which they spakled walls. So we literally got charged for their poor work, which not to mention was supposed to be done before we had even moved in. - As every other ex tenant the amount charges are absolutely outrageous (350 to fix a whole in the wall). As they are the only option for many students in renting I feel that the city should spend some time looking at this corrupt business and hearing from past tenants in order to protect future renters. These practices have been going on for years and it's about time that some one takes some time to look out for this large demographic of students interests. Jordan Wagner University of Iowa 2012 Finance and Marketing (515) 210 -8195 1CWagner0507 @gmail.com z Marian Karr 2f(8) From: NorthsideNA <northsideneig h borhood ic@g mail. com > Sent: Thursday, August 30, 2012 6:57 AM To: Council Subject: North Market Square Park celebration invitation - Sept. 9 Dear Council members: On behalf of the Northside Neighborhood Association, I am pleased to invite you to our celebration of the renovated park on Sunday, September 9, between 2:00 -5:00 p.m. We'll have live music, light refreshments, activities for kids, and a general all -round good time. We'll do a ceremonial garland cutting at approximately 2:30 p.m., but promise to keep the speech- making to a minimum! We hope you'll be able to join us on the afternoon of the 9th. 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O c N , o 0 c m, m 0 a n i s oS _ 0 3 m m CO < o o O N o O N n N n 3 M O N n c N < N — ID m o F (D 3 N N N f4 �• N T N O ° 0 1 N J O N S Q N O O z y m z n D O p r M O 3 m •� T to -a z ii o r m ii a D p O = z •s m ZCj Z �� Q 0 m z c o o o •J /v N 0 n CD N I w Q 2 Q Q O T `D D f — 3 CD 3 Q O 7 Q O (CC D S l CD Q N N CD l 1 S Q CD 3 m T y O Cl (Q Q D (D 2 3 p C S o- Q m (D 3 m -O 7 0 3 (,D 7 (D O ^ O �' (� 6 to Q 2 CD 2 Q 2 o :5. 0 O 3 � Q 3 ° (D S� �� _ y m �, n �' 3 2 Q ° m 3, T 3 Q 3 i N m 3 C 2 _S j c0 `G 3 Q m •N y Q (D m m 3 2 3 ? O S n CCD m Q 3 2 l Co Q p 0 Q N. (D N �• -' S< y 03 G 3 Q 3 6- Q' y c m O + (D -� n zs m m m Q N O -« m m ' .0 CD 3 Q CD O _ 1 O< m (D w (D Q CD •N :E S m O �; S 3 Q_ p m p 3 m 2 3 ci — O 3 Q < y :9 3 (D S QS S C CD Q « m O 0 CC 0 3 N (� = 3 7 n p 3 i 4 1 �i �' 4 Lot CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 August 27, 2012 (3 1 9) 356 -5000 (319) 356 -5009 FAX Johnson County Board of Supervisors www.icgov.org 913 S. Dubuque Street - - -- -Iowa City, IA 52240 RE: Rezoning of lot at 3549 Utah Ave. NE from Agricultural -A to RUB - Residential Dear Members of the Board, The Iowa City City Council and the Planning and Zoning Commission . have reviewed the request submitted to Johnson County by to rezone the property at 3549 Utah Ave. NE from Agricultural -A to RUB - Residential. The Fringe Area Agreement provides for review of County zoning cases for property within two miles of Iowa City. In a memo dated August 16, City Staff noted that, the Fringe Area Agreement states that agricultural uses are preferred in this area, and a strict reading of the Fringe Area Agreement would lead to the conclusion that this area should not be zoned for residential uses. However, the rezoning proposal would not result in an increase in residential development. Also, the subject property is situated in a group of existing single - family residences. At its August 16 meeting, the Iowa City Planning and Zoning Commission recommended approval of the rezoning. The City Council concurs with the Commission and recommends that the requested rezoning be approved. Thank you for your consideration of our comments on this application. Sincerely, Matthew J. Hayek Mayor August 27, 2012 Johnson County Board of Supervisors 913 S. Dubuque Street Iowa City, IA 52240 RE: Rezoning of lot at 3549 Utah Ave. NE Dear Members of the Board, I 0���� CI-Vi OF IOWA CITY 4 East Washington Street owa City, Iowa 52240-1826 (319) 356 -5000 (319) 356 -5009 FAX www.icgov.org Agricultural -A tg&UB- Residential The Iowa City City Council and the Plannin submitted to Johnson County by to rezone the RUB - Residential. The Fringe Area Agreement pr within two miles of Iowa City. In a memo dat Agreement states that agricultural uses are prefe Agreement would lead to the conclusion that t s the rezoning proposal would not result in n i property is situated in a group of existing Ingle - City Planning and Zoning Commission re ommen with the Commission and recommends at the req Thank you for your consideration Sincerely, Matthew J. Hayek Mayor and ning Commission have reviewed the request ope at 3549 Utah Ave. NE from Agricultural -A to A es for review of County zoning cases for property e August 16, City Staff noted that, the Fringe Area e in this area, and a strict reading of the Fringe Area ar a should not be zoned for residential uses. However, in ase in residential development. Also, the subject fa fly residences. At its August 16 meeting, the Iowa led pproval of the rezoning. The City Council concurs uest d rezoning be approved. comments on 4s application. CITY OF IOWA CITY 4g MEMORANDUM -' To: Planning and Zoning Commission From: Andrew Bassman, Planning Intern Date: August 16, 2012 Re: County rezoning (CZ12- 00001) 3549 Utah Ave. NE Background: The applicant has requested rezoning a .46 -acre lot located at 3549 Utah Ave. NE in Fringe A from A- Agricultural to RUB - Residential. The lot is located on the west side of Utah Ave. NE —about 700 feet south of the intersection of Utah Ave. NE and Fairview Cemetery Rd. NE in Scott Township. There are six other residential lots to the north. This strip of residential uses is surrounded by agricultural uses. The applicant intends to tear down the existing house and build a new house. The lot was created and the house was built before the County subdivision code was adopted, which makes the house a legal, non - conforming use. The rezoning would bring the use and the zoning district into conformance. While zoning regulation in the Fringe Area is the County's prerogative, the Fringe Area Agreement allows the City to review and comment on the application. Fringe Area Agreement: The lot is located within Fringe Area A, but outside of the Iowa City growth area and outside of the County's North Corridor. Residential uses are preferred in the County's North Corridor. On the balance of land outside the County's North Corridor, agricultural uses are preferred. Therefore, a strict reading of the Fringe Area Agreement would lead to the conclusion that this area should not be zoned for residential uses. However, the rezoning proposal would not result in an increase in residential development. Also, the subject property is situated in a group of existing single - family residences. Given the unique circumstances, staff recommends approval of the rezoning. Staff Recommendation: Staff recommends a letter be forwarded to the Johnson County Board of Supervisors recommending approval of the rezoning request of the lot at 3549 Utah Ave. NE. Attachment Location map Approved by: Robert Miklo, Senior Planner