A public hearing is set to take place this Tuesday evening (Sept. 13th) in Atlantic, with regard to proposed changes to the City’s current Zoning Ordinance. The Planning and Zoning Commission meeting and public hearing begins at 5:30-p.m. in the Council’s Chambers at City Hall. Following the hearing, the Commission is expected to act on approving the Ordinance changes.

City Administrator John Lund says the last major update to the Zoning Ordinance happened 21-years ago, on June 7th, 1995. In the updated Ordinance, four new chapters have been added: Wireless Communication Facilities, Solar Energy Systems, Wind Energy Systems and Landscaping and Screening Standards. Lund says those four chapters represent the biggest developments in zoning issues since the Ordinance was last updated.

Definitions were also greatly expanded he says, to provide a solid footing in which to execute and enforce our regulations with transparency. Where ambiguity exists, there are openings for selective administrative application. Four new sections were also added: Compliance with State and Federal Regulations; Severability Provision; Consistency with the Comprehensive Plan; and Publication. A time limit on the effectiveness of building permits was placed in the Ordinance, “To prevent semi-completed construction projects for existing in perpetuity,” according to Lund.

Among the changes, in Article 1 “General Provisions,” a time limit was placed on the effectiveness of building permits to prevent semi-completed construction projects for existing in perpetuity.

In Article 4, “R-1 Residential/Agriculture/Open Space,” the two biggest changes to the agricultural zone was the expansion on regulations for commercial feedlots and an elimination of setbacks and lot size. Another minor change was the removal of the words “non-commercial” regarding allowed stables as an accessory use. Single family homes are now a specified permitted use. Single family homes are now a specified permitted use.

In Article 6, the “R-3 High Density Single Family Residential District,” ordinance proposes setbacks for the district be variable, pending a conditional use permit by the Board of Adjustment. Also, the street side yard was reduced from 25 feet to 14 feet for corner lots.

A portion of Article 18 pertaining to “Non-conforming Uses” was stricken and replaced, because Lund says he recently found two instances where the existing ordinance prevents interested buyers in a property from securing a mortgage or insurance. In the final draft of this document, that section has been removed. It was replaced by a section saying “Residential properties in industrial zones shall not be considered nonconforming uses and may be completely rebuilt if destroyed.”

Article 21, which pertains to Signs has been changed to remove section limiting the time in which political signs can be posted had been stuck. Lund says in 1994, the Supreme Court ruled such ordinances were unconstitutional. In reviewing other cases and precedent, Lund “Outside of outright pornography, it appears cities have very little power to control the actual content of signage.”

In Article 23 of the proposed ordinance, (Exceptions and Modifications) the only change was to expand exceptions for  R-3 district to make them more flexible for existing homes. The Article now says “In the R-3 zone, expansion may be allowed on buildings and structures not in conformance to the yard requirements and setbacks, provided a written and signed document is provided by the building permit applicant from the affected abutting property owner.”

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A PDF of Lund’s Executive Summary of the changes can be downloaded here:

Executive Summary of Changes to the Zoning Ordinance

You can download a copy of the final Zoning Ordinance Draft (PDF form) here :

FINAL ZONING ORDINANCE DRAFT 09-08-2016

w/ Chris Parks

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The Montgomery County Sheriff’s Office arrested two individuals following a vehicle pursuit late Friday night.

At 10:22pm the Montgomery County Communications Center received a call from Adams County advising they had two deputies in pursuit of a 2003 Pontiac Grand Prix westbound on Highway 34.  Once at Highway 34 and Highway 71 a Montgomery County Deputy placed stop-sticks in the roadway in which the vehicle struck.  That caused the left front tire to go down but the driver continued on reaching speeds of 90mph while driving on the rim.  The vehicle attempted to run a Montgomery County Sheriff’s Office vehicle off the roadway and was taking other motorists head on in the wrong lane.  Montgomery County Deputies then performed a pit manuever at Highway 34 and 200th Street causing the vehicle to finally come to rest in the north ditch.  All occupants of the vehicle were detained at that time.

As a result of the incident deputies arrested 20-year-old Abel Vasquez of Lenox for Eluding, OWI Drugged 1st Offense, Driving While Suspended, Speeding, as well as warrants out of Taylor County for two counts of 3rd Degree Burglary, 2nd Degree Theft, and Possession of Marijuana.  Also arrested was 21-year-old Kami Lynn Hilton of Creston for Possession of Marijuana.

No damage was done to the patrol vehicle used in the pit manuever or the defendant’s vehicle.

The Montgomery County Sheriff’s Office was assisted by the Montgomery County K-9 unit, Adams County Sheriff’s Office, Red Oak Police Department, Iowa Department of Natural Resources, and the Iowa State Patrol.

The Council Bluffs Police Department reports an armed robbery took place late Friday night. Officers were called to the Speedy Gas and Shop at 430 S. 35th Street at around 11:42-p.m., for a robbery that had just occurred. When they arrived in the area, officers met with the store clerk, who said a man entered the business, displayed a handgun and demanded money. The man then took off on foot.

The male suspect was described as being African American, 5-feet 6-inches tall, weighing about 250-pounds. The incident has been turned over to the Council Bluffs Criminal Investigations Division.

If you have any information regarding the incident you’re asked to contact the Council Bluffs Police Department at (712)328-7867.

U-S Senate candidate Patty Judge met with a small group of women Friday, to discuss ideas for improving “economic security” for women. “We’ve come a ways, but we still do have a long way to go,” Judge said. “Our economy is better, but it’s still not wonderful and so there’s things we need to attend to.”

The seven other women around the table expressed support for things like a federal law that would require companies to provide paid family and medical leave. In addition, the group discussed the costs of child care and college debt.  “This is probably the single issue that I’ve heard the most on the campaign this year, for the last 8-10 months, is the student loan debt and how that’s impacting the lives of young professionals as they try to get their feet under them,” Judge said.

Judge says, as a senator, she would vote to allow college graduates to restructure their loans and “go shopping” for better interest rates. Judge also promised the group she’d vote for the Paycheck Fairness Act. Judge says progress has been made for her gender since the time years ago that she was told “only her husband” could sign documents for federal crop subsidies. “I can remember just like it was yesterday how angry I was because they had had no problem whatsoever in having me sign the mortgages. I was absolutely obligated for that debt,” Judge said. “…I think we’ve gotten over that, but we still have a ways to go because we know today women are still earning, in Iowa, about 77 cents on the dollar.”

That would be comparing the average earnings of Iowa women and men in the state. Judge, a Democrat, did not mention Senator Chuck Grassley, her Republican opponent during the hour-long discussion. Judge’s campaign sent out a news release later, criticizing Grassley for voting against the Paycheck Fairness Act five times and for twice voting against the Fair Pay Act that is now law. In 2014, Grassley said he voted against the Paycheck Fairness Act because “the bill will do nothing to address our anemic economic growth” and would wind up being “a boon to trial lawyers.”

Grassley’s 2016 campaign manager issued a written statement Friday afternoon, calling Judge’s comments “election year rhetoric.” Bob Haus said Judge could have addressed pay equity issues in the IOWA Department of Agriculture when she was the state’s ag secretary, but “she didn’t.”

(Radio Iowa)

Delegates at this week’s Iowa Farm Bureau policy conference passed a resolution supporting the idea of finding existing or even NEW state tax revenue to finance water quality projects. The group had previously OPPOSED the idea of raising state taxes to finance soil and water conservation initiatives. Farm Bureau president Craig Hill says the group believes a VOLUNTARY approach that provides government incentives to farmers is the best approach.

“Every farm is unique. Every farm is diverse. Every farm is different in its slope or its topography or its drainage and so we need to develop plans that are uniquely qualified for that farm and you don’t do that through regulation,” Hill says. “You do that through voluntary, incentive-based action.” This spring, Iowa lawmakers deadlocked over how to best finance a massive increase in state funding for water quality projects.

For the past few years, the state has been under pressure from the federal government to reduce the amount of farm chemical runoff, then came the Des Moines Water Works lawsuit in 2015. It amounts to a legal challenge of the voluntary approach to water conservation on Iowa farms. “The lawsuit may be a way of bullying farmers in a way,” Hill says. “We don’t think that’s the right thing. We think we all should come together. We all should partner together. We all should figure out how to accomplish out goals and solve the problem together. It doesn’t need to be through a court.”

On Monday, a coalition of groups will hold a news conference to declare support for increasing the state sales tax to pay for water conservation efforts. The Iowa Soybean Association along with environmental groups, Iowa Ducks Unlimited and The Nature Conservancy are listed on a news release as part of the coalition.

(Radio Iowa)

Here is the latest Iowa news from The Associated Press

CASCADE, Iowa (AP) — Authorities say a baby found unresponsive in the bath this week in eastern Iowa has died. The Dubuque Telegraph Herald reports that 13-month-old child Torin Hartbecke died early Friday morning at the University of Iowa Hospital and Clinics in Iowa City. Investigators say the baby had been left unattended in the bathtub by a parent. When the parent returned, the boy was unconscious.

DUBUQUE, Iowa (AP) — A man accused of stabbing his girlfriend to death last year in Dubuque will not get new attorneys. The Telegraph Herald say a judge on Thursday rejected 27-year-old Eddie Hicks’ handwritten motion requesting he be appointed a new defense attorney to replace the public defenders assigned to his case. District Judge Thomas Bitter said there was insufficient reason for the switch.

KANSAS CITY, Mo. (AP) — A retired sergeant who spoke out after a handcuffed Iowa man drowned is suing three Missouri Highway Patrol officials, saying they conspired against him. The Kansas City Star reports that Randy Henry filed the lawsuit Thursday. Henry says he was told to tell a legislative committee that trooper training had been sufficient before the drowning. Henry says he refused and he was eventually transferred and demoted. He retired before the demotion took effect.

DES MOINES, Iowa (AP) — Iowa Gov. Terry Branstad has ordered that flags be flown at half-staff to honor those killed in the Sept. 11, 2001, terrorist attacks. Branstad on Friday ordered all U.S. and Iowa flags controlled by the state to be at half-staff from sunset Friday to sunrise Monday. Although the order applies only to flags on state property, others governments, businesses and individuals are encouraged to also fly flags at half-staff.

(DES MOINES) – Gov. Terry Branstad today (Friday) ordered all flags in Iowa be flown at half-staff from sunset today, September 9, 2016 until sunrise, September 12, 2016, to honor those who perished in the September 11, 2001 terrorist attacks.

The governor’s directive applies to all U.S. and state flags under the control of the state.  Flags will be at half-staff on the state Capitol building and on flag displays in the Capitol complex, and upon all public buildings, grounds, and facilities throughout the state.

Individuals, businesses, schools, municipalities, counties and other government subdivisions are encouraged to fly the flag at half-staff for the same length of time as a sign of respect.

No serious injuries were reported during a collision early Friday afternoon, in Atlantic. Atlantic Police Officer Devin Hogue told KJAN News a line of cars was traveling south on Olive Street approaching the intersection with 7th. When a red Chevy Tahoe slowed for the traffic ahead, it was struck from behind by a blue Ford Focus. The airbag on the car deployed, causing what appeared to be only minor injuries to the female driver. The accident happened at around 1:35-p.m.

No one was initially transported to the hospital. Hogue said if the injuries required attention later, the driver would likely be transported to CCMH by private vehicle. The names of the drivers was not immediately available.

Atlantic Fire and Rescue, Medivac Ambulance, deputies with the Cass County Sheriff’s Office and Atlantic Police assisted at the scene.

Photos by KJAN News Director Ric Hanson

The Cass County Sheriff’s Office reports the arrest this (Friday) morning, of 50-year old Kristine Courtney Ryan, of Elliott. Ryan was charged with OWI 2^nd Offense and Possession of Drug Paraphernalia. She was taken to the Cass County Jail where she remains held on $2,300 bond.

On Thursday, deputies in Cass County arrested 41-year old Joseph Michael Greathouse, of Massena, on an Atlantic Police Department warrant for Ongoing Criminal Conduct, Theft 2^nd Degree, and Tampering with Records. Greathouse remains held in the Cass County Jail pending sentencing.

And, of Wednesday, 18-year old Ronald Edward Lee Mathers, of Davenport, was arrested in Cass County, on a charge of False Report to Law Enforcement. Mathers was taken to the Cass County Jail and remains held on a $300 bond.

(12-p.m. News)