HomeMy WebLinkAbout1990-10-30 Agenda
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IOWA CITY CITY COUNCIL
AGENDA
REGULAR COUNCIL MEETING OF OCTOBER 30, 1990
7:30 P.M.
COUNCIL CHAMBERS, CIVIC CENTER
410 EAST WASHINGTON
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ITEM NO.1.
A(I!.~ .
AGENDA i/((t, . 7
IOWA CITY CITY COUNCIL ,(j~"/ry
REGULAR COUNCIL MEETING. OCTOBER 30, 1990 Kt I V
7:30 P.M. ,k/."",;,J
CH (I' '1I.t<((
COUNCIL AMBERS ttlt ,,1:di..I.v
~UItU
CALL TO ORDER. *~Ie--
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oItA '''''''/(~o
ROLL CALL.
f","U,
Arn."....-"..!
ITEM NO.2.
SPECIAL PRESENTATION. 111t1,1. t~f)~
a. Special recognition 01 Gloria Hanson, school crossIng guard at
Ernest Horn School.
ITEM NO.3.
CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED
OR AMENDED.
a. ConsIder approval of OfficIal Council Actions 01 tho regular meellng
01 October 16, 1990, as published, sub/ect to correction, as
recommended by the CIIy Clerk.
b. Minutes 01 Boards and Commissions.
(1) Alfordable HousIng Task Force meeting or October 1 e, 1990.
(2) Riverfront Commission meeting 01 September 19, 1990.
(3) AIrport Commission meeting 01 September 19. 1990.
(4) Ubrary Board or Trustees meeting 01 Seplember 27, 1990.
(5) Ubrery Board or Trustees meellng or October 1 e, 1990.
(6) Mayor's Youth Employment Board meallng or August 1,
1990.
(7l Mayor's Youth Employment Board meeting 01 September 2e,
1990.
(e) Planning and Zoning CommIssion meeting 01 October 1 e,
1990.
(9) Human Rights CommIssion meeting of September 24, 1990.
c. Permit Motions and Resolullons as Recommended by the City Clerk.
(1) Consider a motion approving a Class 'B' Uquor License for
Resolution Trust Corporation as Receiver or Midwest Savings
Assoclallon dba Holiday Inn-Iowa City, 210 South Dubuque
Street. (new)
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Agonda
Iowa CIIy CIIy Council
RogulDl Council Moollng
Octobor 30, 1990
Pogo 2
(2) Consldor a motion approving a Class 'C' Uquor Uconso lor
LaCasa LId. dba LaCasa, 1200 South Gllbort Court. (ronow.
01)
'""lC'2L
(3) Consldor a motion approving a Class 'E' Boor Pormlt for
Eaglo Food Contors, Inc. dba Eaglo Food Contor #157, 500
North Dodgo Stroot. (ronowal)
(4) Consldor a mollon approving a Class '0' Uquor Uconso for
Tho Ground Round, Inc. dba Tho Ground Round, e30 Scuth
Rlvorsldo Drlvo. (ronowal)
(5) Consldor 0 mollon approving a Class 'E' Boor Pormlt for B.J
Entorprlsos dba Exprosstop, 2545 North Dodgo Stroot.
(ronowaQ
(e) Consldor approving a rosolullon to Issuo a dancing pormlt to
Holiday Inn.lowa CIIy.
d. Sottlng Public Hoarlngs.
(1) Consldor sottlng a public hoarlng for Novombor 13, 1990, to
amond tho Zoning Ordlnanco to rostrlct tho loco lion oJ
hollstops ond hollports.
Commont: Tho staff has proporod proposod omondmonts to
tho ZonIng Ordlnanco to rostrlcttho locotlon 01 hollstops and
hollports within commorclal and rosldonllal lonos. Tho
proposod changos aro onclosod with this agonda packot.
Tho PlannIng and Zoning Commission Is oxpoctod to glvo
consldoratlon to thIs proposal prior to tho public hoar lng,
o. Resolutions.
"~D' Ir,e.
(1) Consldor a rosolullon accopllng tho work for tho sanitary
sower, storm sowor and paving Improvomonls for Meadow
RIdge.
Commont: See attached Englnoor's Roport.
~ it: Ln
(2) Consldor a rosolutlon accopllng tho work for tho 1990 Civic
Contor Pollco and Flro oxpanslcn and ronovallon pr%ct.
Commont: 500 attachod Archlloct's Roport.
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Agonda
Iowa CIIy Clly Council
Rogular Council Mooting
Octobor 30, 1990
Pago 3
I. Corrospondonco.
(1) Lottor Irom Cathorlno Johnson roprosontlng I(\wa Association
oJ Railroad Passongor. roquostlng tho Council consldor a
rosolullon suppor1lng rail passongor sorvlco to tho Iowa Clly
aroa. A proposod rosolutlon, pattornod shor one passod by
tho CIIy 01 Amo., Is attachod.
(2) Lottor from Rogor Gwlnnup rogardlng tho Affordablo Housing
Task Forco.
(3) Lottor from tho Council 01 Eldors, supportod by 137 signa.
turos of Sonlor Contor portlclpants (on filo In CIIy Clork's
o~), r9981<11119 th9 Fr!!l\k IlQCk ln~gQl1l
(4) Lottor from Jim Waltor. rogardlng parking ramp In Chauncoy
Swan parking lot.
(5) Momorandum Irom tho Traffio Englnoor rogardlng handl.
cappad pDlklng .tall . Schuman lot.
g. Applications for Clly Plaza Usor Pormlts.
(1) Application 'rom latin Amorlcan Human Rights Advocacy
Contor ror pormlsslon to sot up a lablo on CIIy Plaza during
tho porlod of Octobor 11.31, 1990, 'rom which 10 dlstrlbuto
lItoraturo and offor crans for dona lions.
JJJ:J)J Ilddt. ,~Jll) ~",dorf'
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CONSENT CALENDAR PAGE I
McD/ Council would Ilk~ to d~lete one Item Irom th~ con~nt calendar lor
separate discussIon That Item Is e ( I) That wm 00 omitted In thIs
motion,
Moved by Ambrlsco, seconded by Larson to adopt th~ consent
calendar as amended Discussion
Roll call.
Consent calendar Is adopted as amend&<!,
Item e,( I) was deleted and WIlat that Item was-Is to conSider setting a
p.h....helistops and heliports,
The council realizing oocau~ 01 the Issue that Is In the proc~, that
there Is a problem, a need a clarlly language In our present zoning
ordinance decided to Initiate some action to begin that c1arlllcation
proc~ to review that chapter 01 the ordinance and to so If there Isn't
ootter language that might be used n that ordinance, IlecaUS& of the
necessity to make sure It Is done In a proper manner and to make sure
that the process that Is already In place Is not Influenced In any
manner, we are going to Initiate th~ review. Direct stall to Initiate the
review to ~e how the ordinance should 00 amend&<!, We will not
have the opportunity to prepare any type 01 am~ndments by this date
on this proposed ph. This Is WIly we wanted to pull this out and
discuss It separately and vote on this as a separate Item. We do need
a motion.
Moved by Courtney, seconded by Horow. to set ph. on this Item for
Nov. 13. Disc.
Larson. Just to c1arlfy....It was discussed last night someWllal And the
decision by council was that It would 00 Impermissibly allecting the
proc~ to have council consider this matter prior to the Board of
Adjustment hearing. There may be dllterence of opinion among l&gal
scholars and attorneys as to that Issue. However, the attorney that Is
paid to advise us has given us her opinion that It would possibly
Inlluence the oukome or possibly Inlluence the process and therefore
lead to Challenges to that process. We lust felt that we could not take
that risk. Alot of discussion about that Issue. It Is saft to say It Is not
unanimous. We have one city attorney and It was her opinion. I think
It would be Irresponsible of us to disregard her. All s&ven of us would
like to be able to vote up and down on the Issue of WIlether Mercy
Hospital Is going to have a heliport. But that Is not how the
ordinances and process workS at this time. The review that Mayor
McD. was talking about has to be done In the proper way.
Kubby / ( was one or one of the people WIlo disagreed with that riSk. The
reason I am going to vote this down Is not because of the Interference
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CONSENT CALENDAR page 2
with the Brd. Of Adl. but becau~ when W& change the ordinance I
want to make sure that W& do It correcUy, That W& cover all the areas
that we want to make sure that W& cover to protect the city the way
we want to protect the dty, In both residential and commercial areas.
And to really review Ch. 4 and the zoning ordinance, W& don't have
enough time to do It by Nov. 14. SO It Is not the same Issue that I'm
dealing with on this but I will vote this down becau~ of the timing of
It. I want to make sure that W& don't do something qUICkly that Is
going to maintain problems In anothor area. I want to make sure W&
do It right.
larson/ The proposes amendmonts that were going to be dlSGussed at the
p.h. \I;ould not have dealt with the Issue before the Brd. Qf Adj. of
whether a heliport Is a principle u~. Those Issues would have dealt
with related matters but not particular that Issue. I noticed that some
of the Information made It sound as II we were going to have a p.h. on
that particular Issue of whether there should be a heliport at Mercy
Hosp. That was not gong to be Involved In this particular decision.
Nov./It we had SGheduled this p.h. and considered the changes, the current
application would not be affected.
McD/ All those In favor of the motion-
All opposed to the motion.
The motion was defeated- Horow. and Nov. voting In the affirmative
Council does agree at this point to direct staff to start the process of
the review of Ch. 41n the zoning ordinance. That Is the chapter that
needs to be addressed.
Gentry / Yes, Steve and John.
McDI Council agrees to direct staff to begin the review of that. (Yes)
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Agonda
Iowa CIIy CIIy Council
Rogular Council Moollng
Octobor 30, 1990
Pago 4
ITEM NO.4.
PLANNING AND ZONING MATTERS.
a. Public hoarlng on an ordlnanco amondlng tho Zoning Ordlnanco by
condlllonally changing tho uso regulations 01 approxlmatoly lee
acros 01 land gonorally locatod north oJ Molroso Avonuo and wost 01
proporty ownod by tho Unlvorslly 01 Iowa from ID.RS to OPDH.', a
prollmlnaty plannod dovolopmont housing plan for Walnut Rldgo. (Z.
e915 & 5.8943)
Commont: At Its Fobruary 15, 1990 moollng, by a voto 01 6.\,
(Hobort voting no), tho Planning and Zoning Commission recom.
mendod approval oJ this rozonlng roquost to onablo dovolopmont oJ
a I Q4.lot slnglo.famlly rosldontlal subdivision. this recommondatlon
was subjoct to extonslon of the municipal sanllary sowor from tho
HawkOyu fiR il6110n to the proleel site. The Commission DIS9.
recommonded, by a voto 016-1 (Scott voting no), that tho City ~,' .<-U
tho cost 01 this sewor oxtonslon, with sold costs to bo allocatod on
a per acro basis with tho affoctod partlos paying tholr sharo as
dovolopmont occurs. this hoarlng has boon contlnuod from the
Octobor 16, 1990, meotlng, pondlng rosolutlon 01 tho sanitary sewor
oxtonslon Issuo. Comments rogardlng this Itom woro rocolvod by tho
Council at tho October 2 and .Qc\obor 16, 1990, public hoarlngs:
. ,.>/a~ 4' yrot- 1/,'.
Action: ;(;,., / '(/oI.u t , (ll>>,/i;,..u 10 113
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b. Public hearing on an ordinance amondlng tho Zoning Ordlnanco by
conditionally changing tho uso rogulatlons 01 approxlmatoly 43.e acros
locatod In tho southoast quadrant 01 tho Intorsoctlon 01 Molroso Avonuo and
Highway 21e Irom ID.RS to RS.5. (Z.9014)
Comment: At Its mooting of October 4, 1990, the Planning and Zoning
Commission recommondod, by a voto 4.0.1, (Clark abstaining), tho approval
01 a roquost submlttod by Davo Cahill for a zono chango Jor approximately
43.e acros locatod In the southoast quadront 01 tho Intorsoctlon 01 Melroso
Avonuo and Highway 218 Irom ID.RS to RS.5 subloct to tho following
conditions: 1) dedication 01 eacros 01 land sultablo for opon spaco within
the proposod tract known as tho Cole Farm consisting 01 125 acros more
or loss, and 2) tho undorstandlng that this Is an out of soquonco devolop.
mont as It Is currontly donnod In tho Comprohonslvo Plan.
this rocommondotlon Is gonorally conslstont with tho stall rocommondatlon
In a roport datod Soptombor 20, 1990; howovor, stall rocommondod that a
minimum 01 2.75 acros of tho dodlcatod opon spaco bo contrally locatod
land which has topographic charactorlstlcs that will allow tho dovolopmont
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McD/ Declare ph open.
Jim Sl John/ I know that you have probably boon expecting me back, so
here I am. I do want to start otl by lIrst saying that I am glad that
the 10 I finally finished there legislative session, I unlortunately
almost see a roonactment here at tho Civic Center here In Iowa City, I
think that we are lalllng to address many Issues here and the
helicopter pad at Mercy Hosp not WIthstanding. I want to address
Walnut Ridge, It seems like we are all around town puWng out fires
and wIIat I think we need to do Is concentrate on next lall city council
election, With that out 01 the way let me first say that I never
thought as a moderate groWIng up In Johnson County, a democrat all
my IIle, the last 8 01 tho last 10 years a contral committee member,
that moderates would have to convince a council to restrain spending.
It seems like we are painted In to the corner 01 liberals or non.
malnstreamers 1/ we want to see some action take place. And that Is
In this Instance to save the sewer rate USllrs nearly a million dollars
over the next 10 years. I'm a Johnson County S.EA.T.S driver and In
the course 01 a day, up and down the stroots and byways 01 this
county, I see and moot allot 01 people that are marginally on fixed
Incomes and low Income primarily people. Another Increase In the
sewer rate Wllllurther exacerbate, 11001, an already very tight
economy In the area. The percentage terms 01 this subdivision sewer
extension Is minimal. The cost Is sllghl But 11001 that this Is a part
and parcel 01 a nickel and dlmlng 01 the people In this city to death.
Instead 01 finding places to live In this community, they are existing
and looking lor places In ore outiylng areas. That may be part and
parcel 01 one 01 U1e reasons wily the county homes out there are being
built because the cost 01 living In the city Is so high. That Is another
thing I want you to consider Is that trying to make It atlordable
enough lor the average person to live In this community. In the paper
this week I read wIIere the city manager mentioned In the next ten
years we may need to spend an additional 12 to 20 mtlllon dollars on
sewer modifications to bring us Into sewer compliance. What we are
talking about lor the Braverman sewer extension out Walnut Ridge
west 01 Hand Cart Park Is $550,000 and the bonding lor 10 years will
come to approximately sa I 0,000. I think that Is subsidizing an
upscale development that 1/ the market lorces were allowed to work,
It would probably take a IIle on 01 their own. Like I mentioned two
weeks ago, that the benellt In a capitalistic society Is wilen you take
risk you enjoy profll And wilen you take that risk out. all that
remains Is the prollt, I 1001 like this subdivision, the only one 011\5
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kind, tM one you are breaking tM rules lor, Is at the wrong pla'e at
the wrong time. Given the Cact that there Is a housing task Coree
mooting now, Given the lact that the economy Is stalled or In a
downturn, depending on What economists you listen to, And given the
lact that this Is subsidized development, I think It Is wrong, I also
think that Sycamore View Is lust a token 01 What we could do II we
were to lever these monies or people 01 low to moderate Incomes,
AdditiOnally apartment dwellers, seniors that have utilities Included
with them, will all have to bare to cost 01 this new sewer rate Increase
as well. What I am terming the Braverman Sewer Tax. This Is What I
Cool Is Inappropriate at this time considering not only the economy but
I really think It Is ethlca1ly wrong, I think economic justice Is What we
are talking about locally and What this Braverman Sewer Tax Implies,
In my view, Is a localized, trickle down, voodoo economiCS that I don't
think should be applied locally like It has OOen on the lederallevel.
Also, I have to say and though It Is not related, that the concept of
planning Is Importanl It seems as though all the zoning matters
belore you In the last couple 01 years have OOen modlllcatlons to the
plan that are not In compliance. That Whole concept 01 noncompllanco
subdivisions and growth that I want to talk about brlelly because It all
ties together In my mind. That When you have a city that Is growing
out like the leapfrog development that Is occurlng In Walnut Ridge and
also lor this new Cahill SUbdivision out 011 01 Melrose along with this.
You have the eKtenslon of services lor homes, large lot homes mind
you, but the amount of dollars gained will only probably equal that
Which you wl1I have to expend In the next 10 years. So the cost
benellt ratio Isn't all What It Is cracked up to be lilt had OOen an
apartment compleK, that might be something dllterent because of the
difference In the Intensity of development. But along with that you
have Hwy.' I and Mormon Trek Bid. and the tralllc there Which wl1I
require lights and SCott Bid. and Hwy '6 East Where you have, It
seems to me, eKtended the borders of the city for so long and so often
that we are rea1ly bringing harm to our residents when they are
driving these because the added risk 01 eKtenslon with not facllltles
such as lights. Additiona1ly, I think that Walmart, for example, wl1I
add more tralllc to that area. I know that there was a fatality
recenUy In that Intersection of that area. So It Is rea1ly a matter of IIle
and 11mb too. The CIIII Apartments, I want to mention Idy1lwlld
Subdivision, Ardenla that was torn down, even the Farmer's Market
and the helicopter pad are lust a1llndlcative of what I fool Is a council
that Is listening but not hearing. Unlortunately lor us we may have to
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Inherit the policies that you produce today but In a month's or year's
time, the wrath of voters may be taken out upon you, I'm asking you
now to reconsider subsidizing Walnut Ridge's request for $550,000. So
you can put a cap on this Insane growth that Is taking place which I
feel Is unbridled. In particular, this Is putting What I feel a preUy
frame on an ugly picture, I want. to say also that (Inherited a couple
of baby snapping turties last year and raised them over the Winter
and I took them to Morman Hand cart Park this spring With a couple
of my nephews, of which I have six and three nieces and another one
on the way. And I'm not speaking here for myself or the people on
the north side neighborhood because I know that they are here as
~111n large number. I Wish more citizens In this community would
participate and let th(llr voices be heard. But the fact of the matter Is
Is that they all have work to do and lives to lead and somebody has to
speak out for their children and brothers and sisters and that Is why I
think you need to be more responsible and recognl2e the fact that ~
have elected you to represent us and not the almighty dollar, Thank
you very much.
McDI Thank you, Mr. St John. Anyone else who would like to address the
council on this Item.
Larsonl As I have on the several occasions that Mr. St John has addressed
us I want to clarify a couple of misconceptions that he leaves With the
public. I hate to do this every time that he comes before us but
because there are people listening and watching I don't UlInk we can
leave a couple of comments unremarked upon. One,ls to make It clear
that this Is not an Increase in the sewer tax that Is not going to be
repaid. This is not an Increase,lt Is a loan to be paid back When the
development Is dmloped through a tap on fee. To say that It raises
se~r tax costs to those people that are using water In Iowa City Is
Incorrect It Is a shift from Whether you are going to pay that tax over
the next ten years or wh(lther you are going to pay a IIttie bit of It
now. There Is no subsidy, there Is no gift There Is a question of
Investing now In infrastructure development so that an aroa of town
can be doveloped. We could make the developer put In that se~r at
his own cost He, of course,ln his initial development proposal,
oUered to do just that To put In septic tanks Instead. We, for two
environmentally reasons, decided to do It this way as a council, One,
we don't want septic tanks In the city limits for environmental
reasons. Two, we want some large lot development so we can develOp
fragUe areas In a more environmentally ploasing and sare manner,
We make the choice to loan the money out or the sewer tax revenue
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to be repaid as soon as that property Is developed, As you can see
wtth the new development proposals wtthin that same area 01 the
town, It Isn't going to take very long necessarily to get those tap on
foos coming back In as there are other areas being developed. To say
that ~ are only making that kind of choice for a rich development Is
not accurate, We have before us on the agenda tonight and the
coming weeks a proposal on the southeast side of town where It Is
proposed that In exchange for some favoritism wtth regard to out 01
sequence development costs, the developer has agreed to make at
least half of the houses In the development deslgnoo for low and
moderate income people. same kind of choice that we as council have
to make. To what extent do we want to encourage cortain kind of
development that ~ think is in the best Interest of the community.
And since you brought up the Farmer's Marke~ I will talk about this
more later. Jim Harrison's quote In the paper saying today that this is
another elClmple of the city council looking backward rather than
forward, I want to point out that the city council has not done one
single thing about the Farmer's Market or the parking ramp, It hasn't
boon to us yet. If ~ make some movos thero that hurts the Farmer's
Marke~ you will have plenty of time to chasti~ the council at that
point. At this point It has not boon to council. It Is In the planning
stages and ~ are certainly going to take Into consideration and
Impact on a very vital part of the community, The Farmer's Market
and making any parking decisions that we make at the proper time.
It Is too early to say that the city council has done anything bad with
the Farmer's Market because we haven't done anything at all yet.
Thank you. Oh, the only other point I want to make. There Is
certainly precedent for this sort of thing. The very area that Mr. St.
John IIv&S In the southwest Interceptor sewer was overslzoo, all the
citizens of the community paid for that overslzlng In order to
accommodate future growth In that area. ElClct same thing. The city
as a whole fronted a little bit larger ~~r pipe there so as to handle
future development out of sequence In a manner that plannoo for
orderly growth. It lust makes economic sense to do It that way.
McDI Becau~ there are still some details being workoo out with this
particular ordinance we will not close the public hearing tonight but
continue the p.h. for anothor two woeks.
Moved and seconded-motion carries.
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Agonda
Iowa CIIy CIIy Council
Rogular Council Mooting
Octobor 30, 1990
pago 5
oJ a nolghborhood playground. Bocauso parkland may be dodlcatod to tho
CIIy as a rosult 01 this dovolopmont, tho Parks and Rocroatlon Commission
reviowed this proposal at Its Octobor 17, 1990, mooting. Tho Commission
rocommondod that throo or moro acros 01 parkland bo provldod In a contral
location and that tho Dloa to bo dodlcatod moot tho crHorla for a nolghbor.
hood park as spoclflod In tho 1ge5 Nolghborhood Opon Spo~o Plan.
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Action: ~-V,., / )!.,.,ti. t'h,r.;,,,. l. rr~
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c. Consldor an ordlnanco amondlng tho Zoning Ordlnanco by condlllonally
changing tho uso rogulatlons 01 approxlmatoly 1.5 acros locatod at 315
Prontiss Stroot Jrom RM-44 and CC'2 to CI.l. (Z.9012) (First consldorallon)
Commont: At Its mooting 01 Soptombor 6, 1990. tho Planning and Zoning
Commission recommondod, by a voto of 4.1, (Cook voting no), tho approval
01 a requost submlltod by City Eloctrlc Supply for a zono chango for
approxlmatoly 1.5 acros locatod at315 Prontlss Stroot from RM.44 and CC.2
to CI.l, subjoct to tho following conditions: 1) no dlroct access bolng
allowod on Gllbort Stroot; 2) tho curb cut on Gllbort Stroot being closod at
tho ownor's exponso prior to tho Issuanco oJ a Cortlflcato 01 Occupancy;
and 3) no outdoor display, storago, and/or sale 01 morchandlse bolng visible
Irom Gllbort Stroot. this rocommondallon Is conslstont with tho stell
rocommondallon. No commonts rogardlng this Itom woro rocolvod by tho
Council at tho Octobor 16, 1990, public hoarlng.
Action: 111If~ I ."It It I ~ L 11'
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d. Consldor an ordlnanco amondlng tho Zoning Ordinanco by conditionally
changing tho uso rogulatlons 01 a 9S.el acro tract of land locatod south oJ
Highway 6 and wost 01 Bon A1ro Mobllo Homos from ID.RS to RS.8. (Z.
9013) (First consldoratlon)
Commont: At Its Octobor 4, 1990, moo ling, tho Planning and Zoning
CommIssIon rocommondod approval or tho roquostod rozonlng sub/oct to
tho following conditions: 1) the undorstandlng that this Is out,of.soquonco
dovolopmont as It Is prosonlly doflnod In tho Comprohonslvo Plan, 2) tho
donslly bolng IImltod to flvo (5) dwolllng unlls por acro, 3a) tho appllcollon
by tho applicant Jor a 404 pormlt from tho Corps 01 Englneors, and Its
Issuanco II appllcablo, 3b) tho vorlficatlon by tho Corps oJ Englnoors of tho
dollnoatlon 01 tho wotlands, 3c) tho approval and slgnoll by tho Corps of
Englnoors and othor stato and fodoral agonclos, as roqulrod, prior to
approval of final construction plans, 4) tho lowest floor lovol of any structuro
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Agonda
Iowa CIIy Clly Council
Rogular Council Mooting
Octobor 30, 1990
Pago 6
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constructod shall not bo fowor than tho lOp 01 tho .troot curb, moasurod a/
tho hlghost point 01 tho lot's stroot frontago, and 5) tho dodlcatlon of a
doslgnatod wotlands and the Inslallatlon 01 a looped palhway. this
rocommondallon Is go nor ally conslstont with that of stall.
At lis Octobor 17, 1990, mooling, tho Parks and Rocroallon Commission
votod unanimous concurronce with tho Planning and Zoning Commission
concornlng tho dodlcatlon 10 tho CIIy 01 tho pralrlo wotland aroa with a
rocroatlonal pathway Installod Dlound It. Tho Commission voicod a concorn
that sufficlont vehicular accoss bo providod to tho wotland aroa lor
malntonanco and emorgoncy vohlclos.
The application, CB Dovelopmont. Ltd. has roquosted expodlled action on
this rOlon!ng roquosl No commonts on this 110m woro rocolvod by tho
Council at tho Octobor 1 e, 1990, public hoarlng.
Action: (l~".I'II/r1:( /"c /'1/
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o. Consldor an ordlnanco conditionally changing tho uso rogulatlons oJ cortaln
proporty locatod at thO Iowa CIIy Municipal AIrport from P to P/CI.I. and pn.
I. (Z.9007) (Socond consldoratlon)
Commont: At Its mooting 01 July 5, 1990, tho PlannIng and Zoning
Commission rocommondod, by a voto 013.2 (Clark and Coopor voting no),
approval 01 a CIIy.lnltlatod application to rozone throo parcols 01 land
oqualllng approxImatoly 4e.85 acros locatod at tho Iowa CIIy MunIcipal
AIrport. Tho Commission rocommondod that parcols 1 and 3 bo rozonod
Irom P to P/CI.l, with Parcol 3 bolng subjoct to admlnlstratlvo sito plan
rovlow. Tho Commission rocommondod that Parcol2 bo rozonod from P to
pn.l subjoct to conditions.
At its mooting 01 Soptombor 8, 1990. tho Planning and Zoning Commission
rocommondod, by a voto 01 5.0, to amond tho proposod conditions for
Parcol 2 to road os lollows: a) no outdoor storago 01 morchandlso or
matorlals shall occur wllhln 100 foot oJ lho rlght.of.way 01 Old HIUhway 21 e.
Boyond 100 foot of tho rlght.oJ.way 01 Old Highway 218, slorago shall
comply with tho porformanco roqulromonts 01 Soctlon 3e.7e(I)(1)a and b;
b) loading dock shall not bo locatod on any wall facing Old Highway 21 e
unloss scroonod from vlow by a building. Loading docks locatod In olhor
locallons which aro vlslblo Jrom Old Highway 21e shall bo scroonod: c) any
parking within 50 foot 01 tho rlght.oJ.way oJ Old Highway 21e shall bo
scroonod from vlow of Old Highway 21e by vogotatlvo scroonlng or earthon
borms; and d) davolopmont shall bo subloct to admlnlstrallvo silo plan
rovlow conductod by stall oJ tho Iowa City Dopartmont 01 Planning and
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McDI Moved by Courtney, seconded by Horow, to give this first
consideration, Discussion
Horow./ I have a couple of points, The first one, I really appreciate that the
Pfl Comm, and the dmloper worked out a method Whereby
moderate priced houses can be placed on this parcel. I thought It was
a very carefully crafted arrangement between the P fl Comm, and the
developer. I really appreciate thal There are two things, One, I want
to reiterate that P fl had a commission and I know the Depl of Public
Works has a concern that of controlling the erosion of the runolf from
this subdivision. My concern Is that In the final calculations,
engineering calculations, the storm water runolf,lflt Is found that
there Is additional water that works It way on to this subdivision as
well as the other piece of land that Is owned by this group, that this Is
brought back for a bigger storm water detention basin or some other
way of controlling the Increased amount of water. I remain concerned
about this. I understand and accept the controlllng engineering
devices that are being taken for controlling storm water management
on this subdivision. What I continue to be concerned abou~ however,
Is the stormwater management of that water that will come from
outside the subdivision and find Its way Into this subdivision.
McDI Any other discussion.
Kubby II had a comment about condltion"l. Because we are approving this
request fro rezoning sublect to these things and" lis the
understanding that this is out of sequence development as defined In
the compo plan. As defined In the compo plan says that this Is out of
sequence development In terms of our phasing of development and
therefore the developer will pay up front costs for services that the
city would usually pay for. And because of the discussion when we
approve the prelim. plat In a couple of weeks of doing something other
than that I'm concerned that we're sending mixed messages and that
we are agreeing to two dlllerent things. I don't feel very comfortable
with that.
Horow.1 J didn't, Karen. until I really looked at and discussed the drafting of
the agreement for the moderately priced houses,
Kubby I I'm not saying Whether I am for or against Il I am saying we aro
saying two things. We are saying that we are rezoning this with a
condition that It will be defined as In the comp. plan which states that
the developer will pay for this. In the comp. plan It says If you're out
of sequence, you pay for the upfront costs. Th&n In the plat you might
be saying something else, I don't feel that It Is a very good process for
us to say two dlllerent things. It doesn't make sense to
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me, Ilmow that we can change out minds It ~ms that the
discussion at P (l which hasn't come to us yet about the plat can be
blocked by us voting for this as stated, I would like to almost delet&
condition one so we have flexibility to make the decision whether the
developer pays for upfront costs or not, We have not had the
discussion and from my point of view, If we change the zoning with
this condition, we do not have that option.
Larson/ I thought Don answered this last night, Maybe he can answer It on
the record. My understanding was that condition '1 lust says that
this is out of sequence development Thars lust a fact Whether we
treat It that way our policy says we will treat out of sequence
development Is an Issue that wt1I be 4eclde<l at 1119 MKt vot& at 1M
platting stage.
Kubby / I don't think you are hearing my point My point Is Is that It says
that as It Is pr~ntiy defined In the comp, plan, It says the developer
pays up front costs.
Gentry / It says the city may require the developer to. I don't think It Is a
directory .
Kubby / I lust want us to be very aware of this and I don't like It I don't
like us having contradictory things.
Nov.! I don't think It Is contradictory until It comes up for the change. At
that point we can choose to amend It or not
Kubby / This may be a fine point but I just want to bring It to people's
attention. And, I was very concerned because aft&r reading a P (l
mlnlltoo and kind of the int&nslty of the neighbors concerns. Which I
think many of them were dealt with because of the cooperation of the
developer. But It still concerned me that no one showed up to the ph.
In front of the council. SO I went out to the neighborhood and talked
to people and the biggest concern Is about schools. And that Is not
something we have control of. But when we make a comprehensive
plan, that Is something other bodies In the community look at to make
their plan. And when we do out of sequence development and have
171 lots subdivision that Is going to have allot of children that I. not
being planned for. I think we have an obligation to a mlnll7 ...11 to
make some kind of prolection as to how many children does that mean
for our school system and to forward the Information on to the school
board. To have a very explicit line of communication with them
saying that this wasn't In our comp. plan, ~ are approving this, this
may mean 300 children or 150 children or WIlat&ver. And since we
are having so much devolopment and all of our elementary schools are
near or at capacity as well as our value as put In the compo plan as
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policy saying we value neighborhood schools I think we neOO this
kind 01 very explicit communication I'm not saying that the school
board doesn't lollow what the council does but I think to just make It
very explicit
Horow.! That's a good point Steve, are the stal/ln touch with this,
Especially out 01 sequence development
AtJclns/ I couldn't tell you speclllcs. We do eXChange agendas, They do get
a copy or this material,
Kubby / I would like to write a leUor saying this Is being rezoned, there
Courtney / It doesn't happen all the time but In this particular case they are
aware. I had the opportunity at the Goodwill Business PM. to talk to
the superintendent and two SChool board members and I did bring It
up. It hasn't boon a formal pr~nt.aUQn but !h9Y ar9 aware or lhls
because Grantwood Is hard pressed already.
Kubby / I would like to almost make this part or our routine process when
we have an out or sequence development according to the comp. plan.
That we send a letter so It Is a very rormalllne or communication as
well as the Inrormal. I think It wouldn't hur~ one memo.
Larson/ I don't have any problem with that either. II the SChool board Is
viewing the compo plan as something that Is able to predict where
development Is going to occur, then that clearly Is a correct routine ror
them to be following.
Horow.! It Is just one variable. They have a consultant working on this right
now.
Kubby / Because we tend to do things that aren't slatoo In our compo plan
quite frequently the last couple of years, communication Is even more
Important
McD/ Any other discussion.
Larson/ John. just one comment Because I think that this development IUs
the unique thing about Is that With the leadership of the city manager,
this developer has dedlcatoo 20~ of the overall land In the
development for a wetland park to 00 maintained by the city. That
wasn't the developer's first choice. The city manager really spear
headed that along with the planning stal/ the Idea that wetlands are
unique and unusual and that the city Is the oost positioned land owner
to maintain them n their natural state. Whereas this development
requires the approval from the Army Corps of Engr. and the DNR, to 00
Involved In the planning of where the wetlands are and what Is going
to happen to them. It Is clear that II you leave those kinds of things to
private ownership, whether they be housing assoc, or developers, you
don't don't have the same sarety Involved In having the city own
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It The city will put In a loop pathway and some other things that
represents a commitment by the city to an environmental
consideration that could have very easily have not occured. The
developer and the city should be applauded for that
McDI Any other discussion.
Rollcall
First consideration Is approved.
tape 90.09 side 2
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Agonda
Iowa City City Council
Rogular Council Moollng
Octobor 30, 1990
Pogo 7
:11:'\(; . r) 0:; I.
Program Dovolopmonl, In accordanco with tho Largo Scalo Non.Rosldonllal
Dovolopmont (LSNRD) roqulromonts. No commonls woro rocolvod by tho
Council at tho Octobor 2. 1990, public hoarlng on this Itom.
ActIon: (~(..,I /;/...'t II 1 ,,~ 'II' N,~ If Ille' 1k
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("'''j/I/'':I "-,,J!! /I",/~
Consldor a rosolutlon approving tho prollmlnary and nnal Largo Scalo Non.
RosldonUaI Dovolopmont (LSNRD) plan lor Proctor & Gamblo (S'9020).
Commont: At Its Soptomber 20, 1990, moo ling, by a voto 01 NJ, tho
Planning and Zoning CommIssion rocommonded approval 01 tho prollmlnary
Md nnalLSNRO plan lor Proctor & Gamble to illlow tho construcilon of a
5000 squaro loot storago building: a 247.spaco porklng 101; a truck accoss
road; and an Intornal sorvtco road. Tho Commission's rocommondatlon wos
subjoct 10 a lottor rrom Shollor.Globo consontlng to dralnago ovor Its
proporly; a lettor IndlceUng that tho ownor or tho railroad spur consonts 10
tho proposod driveway crossing: and Public Works Doportmont approval of
construction drawings of proposod stormwator dotonUon lacUltlos, prior to
CIIy Council consldorallon. Thoso conllngonclos havo boon rosolvod and
tho plan Is now roady for consldorallon. this rocommondatlon Is conslstonl
with thO rocommondatlon Includod In tho staff roport datod Soptombor 20,
1990.
Action:
4,11/1 11m
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ITEM NO.5.
PUBUC DISCUSSION,
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PUBLIC DISCUSSION (505)
McDonald/ Item -Sls public dl5':usslon. This is the place on the agenda
Whero anyone can approach the council about any Item that doos not
appear on this evenings agenda, We would ask U'lat you plea~ sign
your name and address,ldentiry yourself to council. We would
respectlul1y r&quest that you limit your remarks to rive minutes or
less,
Kammermeyer / John Kammermeyer, 116 Ferson Avenue Is my home
404 E. Bloomington Is my oUlce, I Wish to address the council, If they
WllI permit that, concerning the Item that was postponed or canceled
this evening. Concerning the public hearing to amend zoning
ordinance to ban heliports and recreational, in residential and
commercial zones. Some on the council may not realize I~ but thoro
are many e1tizens Who live and work on the North Side and Who are
opJlOSOO to the Mercy Heliport plan. We want the zoning ordinance
amended as rapidly as possible to ban heliports In residential and
commercial zones so the present situation looming With the Board or
Adjustment can never, never happen again. And to return control
over these matters to the Planning and Zoning Commission and the
council Where thl}y belong.
We've told many times this summer and rail, When we've
attended meetings at various divisions or Iowa City governmen~ that
now Is not the right or proper time to have our say and have our Input
and express our objections. Well, I think a lot or us are very tirO<! of
being told W(J don't have any say about something like the Mercy
Heliport plan. This threatens our lives, our satety, and our property.
Incidentally, we Will be stiflO<! at the Board ot Adjustment also If
Mercy Hospital has Its way. Tomorrow at 4:30 at the special Board or
Adjustment meeting In this room, we are r&questing deferral to give
us more time to prepare our hearing. Mercy has had all summer and
fall and we have had one month. Mercy Hospital has notirled us
legally that It Will right our r&quest for a deferral, and moreover,
demand that the Board or Adjustment not allow us to present or
discuss any Information concerning safety, noise and vibration
pollution, or property value at the board hearing. This shows how
little the Mercy Hospital administration cares for fairness and how
little they care for the satety and welfare of those e1tizens living and
working In the North Side. We want a pUblic hearing 5':hedulo In front
of the council concerning the proposed amendment to the zoning
ordinance banning heliports In residential or commercial zones as soon
as It appears that It Will be coming to you from Planning and Zoning.
We teel that It is only fair and lust that we have this pUblic hearing as
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loom -5, page 2
soon as possible, since It Is already long over due, We cannot
understand why the council seems so reluctant to regain control and
authority over establlshments of hellports and other zoning matters,
To Unlsh,to u~ the words of the Iowa Supreme Court, city councils
are the, and I quooo, 'trus!oos tor the publlc' unquooo.to protect theIr
clUzens welfare. and this Is all we are asking you to do, and I ask that
you please don't let us down, Thank you.
McDonald/ Thank you, John.
tape 90-91 side I
1~l\ Dull/I'd Ilke to urge the city council to set a publlc hearing as soon as
possible to allow the clUzens of this community the opportunity to
staoo their specUlc concerns regarding the use of hellcopoors In
resldenUal and commercial areas In this town. CIUzens have appeared
before this council this summer to voice specUlc concerns and were
told to wal~ and I'd Ilke to ask, walt tor what? Walt tor a hellcopoor to
crash? Waltror a hellpad to be establlshed In our neighborhood? I
think wo're Ured ot waiting. It's too laoo, once this has happened. You
as our elected oHlclals need to hear from your consUtuents and then
publlcly make your decision. People I have talked to recently belleve
that the members ot this council do not mnt to deal With this Issue,
but would rather hide behind the opinion that there Is nothing they
can do about I~ that It Is out of their hands. I t's not out of your hands.
It's the easy and convenient my out To deny us a public hearing on
an Issue which aHects the safety and welfare of all of us In this
community, Is to side With business In wrests against the publlc.
Robert Baron, In ThP TyIMIJ' l?/ M?is-p, stated, 'Modern technology Is
destroying livability: The problem Is seen as a balancing of business
Inoorests against the Inoorests of a suHerlng public, except that
business Is (denUUed With the publlc, and ordinary people, the
vlcUms, are left out In the cold.
I urge you to set a publlc hearing to allow ordinary people a
chance to be heard, Insooad of leaving us out In the cold. Thank you.
McDonald/ Thank you.
whtJ. WlI6~/ HI. I'm Brian Wltsky. I'm a sixteen year resident of 10m City, and
I Ilve at 10 II N. Summit Street on 10m City's North Side. I'm
employed as a geologist for the Staoo's Geological Survey, and I serve
the University as an adjunct assistant professor In the Department of
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Item '5, page 3
Geology I'm here today to raise some specific concerns about city
policy concerning landlllllng of Iowa City's ravines and drainages,
esp&Clally In Iowa City's North Side, but elseWhere in the city as well
First I want to applaud the council's efforts for Its recent dialoguing
concerns about slop& legislation, and also Its concerns about
unregulated yard waste dumping, I fool that yard waste and
construction waste dumping In neighborhood ravines and the
r&sullant unslable modification of SIOp&S Is a continuation of th&s&
concerns. The North Side neighborhood Where I live, p&rhaps can
sorve to lUustrate What I b&lIeve are Issues of broader community
concern and that Is Why I'm here today But I get no satisfaction,
realizing the divisive Impact that uncontrolled, unregulated, and
unengln~r~ land fill and construction waste dumping can hm on
the Integrity of a neighborhood and the attitudes of Its residents, as
evidenced by recent newspap&r articles and op-ed correspondence
Involving my neighborhood, Its clear that one man's Improvements,
may b& another man's dump. We have b&come a neighborhood
divided over What constitutes neighborhood's Improvements, although
ImpacUul to a neighborhood though, no municipal regulations or city
ornces or guidelines apparentiy are Involved In What transpired In our
neighborhood.
Just to summarize brlefly,ln my own sp&CHlc case as an
example, as part of a project by two land owners, ostensibly to
Improve an alley surface, many hundreds of tons Of construction
waste began to be dumped Into the head waoors of a neighborhood
ravine, Where there's been a history Of solid waste landtullng, by the
way. The dumping In this case however, Involved numerous
prop&rties, not merely those owned by the originators Of the prolec~
but also slgnltlcant city prop&rties along the alley right of way, and
prlvaoo prop&rties Who are not notified of the design or scop& of this
landtul. I have no doubt that the Individuals responsible for this
recent flU regard It as a significant Improvement to their own
properties, but at least throo downstream properties regard It In a
notably dltterent way, The sudden encroachment onto private
properties adjacent to my segment or the ravine prompted my
concern. The unauthorized destruction or burial of numerous large
trees, particularly on my neighbors land, was surprising. Further, the
erodlngrear wash, collapsing concrete boulders, and crasblng troos
onto my property at the foot or the fill, Which by the way Is a twenty
root wall or re.bar and concreoo, Indicated to me that little concern to
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Item 5, page 4
esthetic quality or engln~rlng principles Wllre employed Ellorts to
Involve the city engin~rs olllce seemed reasonable as city properties
were involved in the 1m But the site was relogated to low priority by
that olllce, City str~ts department was concerned about the heavy
level 01 trucking Involved, and 1 acknowledge their concern
An even larger scale landllllln the neighborhood lies less than
one block away, near the Intersection 01 Dodge, Governor, and Kimball,
As an example, the drainage 01 this ravine has been completely
blocked 011 by major construction IIl1s and there's no apparent end In
sight to the dumping 01 construction waste, Including asphalt at this
site. As a IInal and personal example from my own back yard, ten
y~ar old fms along the back of my pro~rty constructOO by a previous
owner were clearly done With Inadequate engineering guidelines. As
slgnlllcant gullying Is occurring and seven loot diameter erosional
pipes have opened through the field this summer, II community land
fill guidelines were In ellect ten years ago, I suspect that I wouldn't
have to face this out of control erosion problem today. So the concerns
for thes& ravines go beyond the esthetic and potential concerns lor the
neighborhood are many. Just to briefly list some 01 them: potential
Impact on nearby properties, slope stablllty and erosion, drainage
modlf(cation. and property values; two, need lor neighborhood
plannIng and dialogue by all Involved parties; three, neighborhood
safety, this Is particularly a concern In our neighborhood, as children
play In the ravines and the slopes and materIals are noteworthy; most
Important, the need for engineering guidelines and city guidelines,
which Is essential to promote neighborhood harmony. Without them, 1
don't see how we can possibly agree on what's happened here. Need
lor city partiCipation, partiCUlarly when city property's Involved. and I
can lust site as an example, neighborhood Involvement In protection 01
landlllllng ravines, 111 site the Roosevelt School Ravine Prolec~ where
the community got togother With city and school to save a landllll
from being fllled. Broader community concerns, I guess 111 just say.
ravines are environmentally sensitive areas. They provide
neighborhood green belts. They Increaso the quality of urban IIle at
least lor many of us. And It's been demonstrated In other
communities that green belts do Increase property values. And
secondly, we have a need to evaluate the use of neighborhood ravines
as landfill and construction dump sites, The short and long term
ellects, and the cost to community and neighborhood, and also the
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Item '5, page 5
Investigate the financial benefits or Incentives to certain construction
Interests, who have ellectively avoided land ftll charges In the
process.
There's some legal Issues as well, which I can't address, not
being terribly familiar With the legal system In this regard But I
would highly recommend that the city's legal stall needs to review
certain Issues, namely l1wIIDl1lghts, speclllc dump materials which
have federal and state guidelines. This Includes metal, partiCUlarly reo
bar, burial of appliance, tires, and auto parts wneath 1II1s, which
occurs regularly, as ~1I as the dumping of asphal~ which state EPD
olllc\als have Informed mo that asphalt Is a regulate<l substance and
yet It Is being dumped In our neighborhoods. I have some handouts
that I'll give you after the meeting, to refer you to Information on
some of these things. Also the Iowa Model Ordinance on drainage, and
definitions of solid waste and construction waste landftlls, as ~1I as
state requirements for land fills accepting construction and demolition
waste are covered In the Iowa code. So In conclusion. The clty Is
urged to review this Issue and get opinions on legal and neighborhood
concerns. My sincere home Is that such action Will lead to legislation
and meaningful community guidelines. Most construction In Iowa City
must divide by established guidelines and requires permits. Massive
landfills should be no exception. Community and engineering
guidelines must be applied to landfills as With any other large scale
construction project. Yard waste dumping even has guidelines, yet
dumping of hundreds of tons of largo scale construction waste
apparentiy does not Community guidelines can help resolve
neighborhood concerns and may help to prevent to prevent futuro
environmental problems In areas with steep drainage or ravines. OUr
wooded ravines do have value as green belts to many of us In the
community, Bu words aren't really enou~!l here. The visual
Impression that you may foro by seeing both old and new ravine
landfills In the North Side neighborhood Is more significant than
anything I could say to you here here today. So please come and see
for yourself. You are Invited to come and examine the recent and old
landfills, I'll provide you with handout; I'd really like you to form
you own opinions about the nature of what's been happening In some
of our neighborhoods Thanks, very much,
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Item -5 page 6
McD/ Thank you, very much.
Kubby / Two mootings ago ( had brought this to council attention asking for
us to look Into this and was told that our city englnoor had kind of a
time line of what events happen&<! when. And then I hadn't gotten
tha~ so last mooting, I said '( want to soo that: and every wanted to
see It So we got tha~ and I guess I had a question for Linda after
reading the sequence of events bocause It sooms a If the land owners
who were doing Improvements to the ally and alloWIng the dumping
to happen were told to do things certain ways and were told at one
point to stop work and didn't stop work. And more complaints were
call&<! In and I lust wanted to know what happens to our proc&SS. I
mean, whore do wo go whon we tell som90R9 'you can not do this
anymore' and they continue to do It? What Is the city's r&SponS&?
How can we, In some legal way, force them to stop doing what they
are doing?
Gentry /The Initial r&SponS& Is going to have to come from city englnoorlng
dept and public works In terms of Issuing a S&ason to ??? order or
what ever. Then we commence legal action through small claims or
municipal Infraction or a simple misty meaner. In this caS& I think
there noods to 00 some clarlClcation and I think Rick Foss or Chuck
Schmadake can speak to this. As you'll recall when we drafted the
solid waste ordinance, we specifically left out foundation materials as
oolng still permitted. That Is not. And that's why In my memo I
stated It Is not a violation of the solid waste ordinance to place
concrete, OOcauS& It's a very traditional us& of CI11 material, as I
understand Chuck Schmadake view of It And It Is not litter, bocause
It is a permitted fill. The grating and excavation ordinance was not In
place whvn tIllS was going on, and ooUeve me It would have boon
much easier If we would had had that ordinance In place when the
filling was done. Fill Is there now and we have requested that the
roads 00 remov&<! and it b& sOOd&<!, but there Is no concrete on the
property of Mr. WI12ky, It was place on property. We talk&<! to Mr
Nowl out there that day and he had obtain&<! permission from the
property owners on which h& plac&<! the fill. I don't know their names.
He had permission from them.
Kubby I But I guess the point I'm more speaking to Is that work was done on
a public ally WIthout the people going through the correct process.
And 1M neighbors made us aware of that and I guess I don't
understand Why we didn't force the p90ple, because It was city right
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Item -5 page 7
of way, to come In and go through the rIght proc~s so that It was done
correctly.
Gentry/l can only reler you to public works and the city engineer.
Horow./ I have a question on that too, because What Is lell there Is trees
that have been totally burled, not totally, but certainly waist high,
Fossel The simplest explanation Is tha~ at the time this bill was taking
place, the ctty had Or') clear cut ordinances governing this sort 01 thing,
SO ~ didn't have a clear way to regulate It. Those ordinances are In
the books now, the excavating and grading ordinances. SOmething like
this, lilt started to hap~n next \mk, m would clearly regulate It.
Kubby I I'm not talking about the 1lI11ng oll~ I talking about doing work on
city right of way without going through the correct process. Because,
II someone wants to Improve an ally and It'S a city ally, don't they
have to come In and say 'those are my plans' and get them approved
Irom public works? Shouldn't that happen? Is that a legal, I mean
they have to come In and do that?
Fossel Again, I'm not aware 01 any section In the code that clearly s~1I that
out.
Karenl OK so that's a vague. . . I guess I want to know II that's vague or
~~, not. Because I think II someone does do work on city right 01 way,
that they should have to come In and say , these are my plans' and
get them approved.
Horow I There's pros and cons to that though, Karen. I mean, there's so many
allies In the city and some 01 the allies people have put crushed rock
Into the holes so that the ally Is a little bit better, the city hasn't
gotten around to doing It. I mean there are situations, I know What
you're saying. Well, I can envision II someone wanted to fill a pothole
In their alley, and they thought they had to go to the city to get
~rmlsslon. They would not do It.
Kubby I This Is pretty extensive, and they were doing the whole alley, and
maybe something can be clarlflod so that When you're doing massive
grading and filling. . ,
Horow./ to such a point where they mre told to put barriers up at either
end of the alley way, I totally agree with you. I think It got out of
had.
Larsonl I have a broader, more general question that I think Is along the
lines 01 what Karen Is asking. She brought It up lour weeks ago,
wanting to know, , Is there anything the clty can do about this,' I
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Item -5 page 6
didn't know It the ans\lMr was a complete one, but here Is my view
point on It I want the Whole thing examln&<! and II they did anything
that \OM can pros<<u~ In any way I want us to 00 apprlz&<! 01 It so \OM
know, and have a choice about It Il&caus& It S&&ms to me that they
did about eight things that are lI1&gal or that ought to 00 lI1&gal, And I
hoar you saying \OM didn't have the grading ordinance, that's line. But
In looking at that Chronology, and IIs~nlng to What Prol&SSOr Wltzky
said, It S&&ms to me that they did a lot 01 questionable things, not all
01 them on prlva~ prop&rty, And I undmtand that there may 00
civil suits, 1/ some one caus&s a trw to lall on your prop&rty, but \OM at
least should 00 able to respond to the neighbors and say 'bore are the
things they did that might 00 dealt With In the civil arena. Whether
that 00 suing somebody lor damaging you prop&rty or damaging your
treos or What ever. Here are the things they did would 00 prohlbltoo
now but that \OM can't reach and bore are the things they did that \OM
can ask them to undo" It S&&ms to me that lithe cover&<! anything up
on city property such as appliances and tires and things like that \OM
could go al~r them In that manner. Can we not reach then With
munlclpallnlractions becaus& the did It oolore we had that law about
covering up ma~rlalllke that? And can \OM got them In any way lor
any 01 tho e/locts that have boon dono to the alley?
Gentry 1111 have to re.look at It I'm really going to have to rely heavily on
public works.
Larsonl Oh that's line. My questions were really more address&<! to Chuck
and Rick than they \lMre to you. I guess that I don't want It thought
that councllthough~ 'well we got a constituent complaint, take a look
at It and tell us What you think and that's the end 01 It. I'm not
sp&aking lor the council, but my vo~ Is that a moro Incontive look 00
putl~ b&caus& It S&&ms to me that It was a real scar there, as bad as
some other scars that we've boon harping on lor a couple years, and
that we better take a ooUer look at It Whether It's Rick or Chuck or
Who ever,
Kubby I But make a sense to do this, because When \lM're talking. . . we're
putting lorth l&glslation that protects sensitive areas and ravines are
special areas, not only aesthetically, but In ~rms 01 neIghborhood
drainage ways. And II they get IIlIed In, then they don't work In their
natural way, and there are water problems In the neighbor hood.
There's lots 01 dlllerent angles.
Horow./ I would like to lind out about the Dodge Street, Governor, Kimball, I
mean that absolu~ly ballles me as to Why that Is p&rmllt&<!.
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Item '5 page 9
It really does.
Courtney II want to pull lust one thing out that he mentioned lust to make
sure I'm clear on it Is It now currently Illegal to dump appliances,
tires, and that sort ot thing on privalh proporty,
Larsonl sure, yes,
Horow.! That's what we lust passed.
Courtney II knew we took them out 01 the land 1111, but I wanlhd to make
sure that, tlthey are your appliances and you proporty.
Schmadekel yes It clearly Is Illegal. But lust because you're mllng property,
that does not make It a land 1111. A land till by dellnitlon Is were you
take waslh materials that decom~.
Courtney I So tI you got a ravine on your properly, you stili can't put them In
there?
Schmadekel That's right
Courtney I classilled as a land till or not
Schmadekel That's right But you can 1111 It With dirt and broken concrelh,
and other earthing malhrlals.
Larson/l guess my concern Is two told; one in lhrms 01 city being good
neighbor and knoWing about these things happening and then not
realizing that some 01 these things that people plan on doing are going
to ertect the neighborhood property owners. But more ImportanUy,
have you reviewed It to the exlhnt that you're comtortable 01 saying
that there's just absolulh nothing we can do With regard to entorclng
any ordinances they might have vlolalhd?
Schmadekel Well, they clearly IIl1ed on clly properly, and It was a
substantial till, and I think the city has a right to control that And I
think that we have the right to control It to the ext&nt that II we
desire the till to be removed, I think the city can do Il
Larson I I guess I'd like a more Inlhnslve look at I~ ilthere are other
members ot council Willing to expend start time to do thal
Horow.! I would to, except that this particular ravine, and I've seen I~ and
I'm not sure though that the Govern, Kimball, Dodge ravine Is the same
set ot circumstances because there's no public property or right ot
way there.
Larson/l'm just talking about this one.
Horow.l yeah, well, bull would like to exlhnd It though, because Karen's
point's well taken. The ravine, the dynamics 01 that ravine are just
totally mangled up through there, and I don't like that. What can we
do about that
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Item'5 pag~ 10
Schmad~kel I U1Jnk that WIth the new ordinance, we have control over that.
Prior to U1~ adoption of U1at ordlnanc~, we did not.
Kubby I At on~ poln~ WIl~n I asked about WIlat legally U1~ city can do, th~
answer was, It's really a point of neighbors taking n~lghbors to court
And I r~memoor someUllng about U1~ city could help faclUtato U1at, or
U1e city could join In on som~U1lng. I guess I want to look In on that
to. It th~ n~lghbors should deeld~ to take It to cour~ how can U1~ city
lOin In wtUl U1e neighbors, or WIlat U1~ options ar~ In that regard?
Ambr./ New that the manager's back at his chair, pardon m~, we hav~ a new
position In this clty that was authorized by th~ city council ~arll~r this
year, called th~ neighborhood coordinator. And this Is th~ second or
third tim~ today that we'v~ heard about neighborhood problems. And
I'd mtalnly IIkv to sw that jlQSItion very much Involved III trying to
alleviate problems In the neighborhood, just like U1ls. That's the way I
Interpr~ted part of that position to 00. And I can feel for you. I'm
very awar~ of WIlat's going on up there. Did you sir notic~ that
Immediately, I mean at WIlat point did you notice something wrong
was being done. W~re you aware of It?
WI12kll I've lived at this property for two years.
Ambr./ Two years?
WI12k"; (Can't hear)
Ambr./ I'd certainly IIk~ to see Kar~n Involved If you think that's an
appropriate function for her.
McDonald/Is th~r~ anyon~ ~Ise WIlo would IIk~ to address th~ council about
any Item that does not appear on this ~venlng's ag~nda?
Mllanl/ Y~s. My nam~ Is Marti Milani and I IIv~ at 730 E. Ronalds. I'm th~
coordinator for th~ Kirkwood Community Colleg~ L~arnlng C~nter
down on Mald~n Lane, and am an adjunct professor at the Colleg~ of
Education. I am v~ry Interested In ~mplorlng th~ council to think very
strongly about this heliport Not specifically becaus~ I live In th~
n&lghborhood, but I would lus~ as a professor and a teach~r, ask you
to do a lItU~ hom~work. take a protractor, and go out eight blocks
from Mercy hospital, eight block radius, and s~~ WIlat's tak~n in. Dom,
Currier, I mean I could go on and on and on. This Is a very high
density neighborhood, and J think that somehow It's gotten away from
us, It's Into pollution, property. I'm talking safety, I'm talking people
WIlo come her~ from other parts of th~ state, children WIlos~ parents
send them here, and I think that WIl~n we think about an helicopter
landing at three hundred feet or lower, WIllch It would have to 00, that
our conscience must dlreet some r~al s~rlous thought to this matter,
Thank you.
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Item '5 page II
McDonaldl Thank you,
\ .schallslfl Don ~hallau, 2016 Waterfront Drive, Iowa City, I'm here on
C~\ 0 b&hall of the vendors and patrons of the Farmers' Marke~ to ask of
you to find us a place for our Farmers' Market next year. We had a
meeting last year, I mean last WOOk, pardon me, to discuss several
options due to the proposOO construction In the lot across from city
hall here. And at this poln~ we are left With no options at the moment
that we know for sure are gOing to happen. Now I did speak With
council person Susan HoroWitz Who said, don't worry, b& assured we
Will find a place.
Well, that's all well and good, but let's do It folks. We are
flnlshvd With thi FarmerS' Market as of tomorrow. It's aU over. What
are we going to tell our patrons? Where's It going to oo? Well,ltcould
00 one of three or four places. You see the problem we are Into? The
Farmers' Market Is a good thing here In Iowa City, and It It's going to
00 disrupted, let's get things gOing and have us a place, and have us a
permanent solution to this prOblem. Give us a place Where we can 00
all the time and not have to worry about moving due to construction
or something of that nature. And that would really 00 an optimal
solution to the problem. And since It was, I OOlIeve to my knowledge,
the council Who did give Its yea to this construction project, I OOlIeve
the (Qundl has some responsibility to the Farmers' Market to find us
a viable place. Thank you.
Ambr./ Sir, When Will you re-open? When do you normally?
~hallau/ May I, or the first Saturday or Wednesday In May. We met now,
Chi 10 just last week, With the people at Parks and recreation, a week ago
tomorrow, and we only new about this at large just last month. I
really feel that the council kind of let us down In not letting us know
sooner so we could get the word out to our patrons. This Is going to
hurt us. No matter What happens, It Is going to hurt us and It's going
to hurt us bad. And I'm not real happy With What Is happening here.
And I'd like to see you as a grllup, put your concerted ellort tnto
finding us a place. At least give us a permanent solution to this It we
are to endure a year of possible movement or dtrflculty.
Ambr./ Is It critical that you 00 located In the downtown area?
.~hallaul Yes It Is. What about theelderly, the handicapped? There's a lot
Clulo of patients that are patrons that come In Wheel chairs. A lot of elderly
people walk here that take a bus, Central location In this vicinity Is
most Important. I can't emphasize enough to you that we really need
something as close as possible to Where we are right now It this
construction Is to take place,
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Item -5 pag~ 12
Larsonl Don, I U1lnk peopl~ und~rstand U10se conc~rns, and U1~re's certainly
noUllng wrong WlUI urging council to keep U1e Interest 01 U1~ Farm~rs'
Market and how w& can d~v~lop plans lor parking and replacement 01
U1e Farmers' Market 1/ U1at's nec&SSary, All U1at I was saying was
U1at council hasn't made a bad decision yet We haven't made one at
all, I c~rtalnly urg~ peopl~ to I~t us know how Important U1~ Farmers'
Market Is too us; I agree. It's a vital part 01 downtown. It not only
brings peopl~ In, It provides a IIv~lIhood lor peopl~ also. I'm lust
saying, U1at It wasn't d~lIberately k~pt Irom U1~ Farm~rs' Mark~t U1at
a parking ramp was going to be put up. Theso ar~ just U1lngs U1at
com~ along as needs com~ by, and Irankly w& ar~ just losing a city
parking lot because an Individual had an option to buy It U1at U1ey
~xerclsed. So W& lost a lot In U1~ downtown ar~a U1at W& didn't ~xpect
wt W&r~ going to lose raUl~r sudd~nly, and so U1lngs cam~ on
sudd~nly to U1~ city. I U1lnk U1~ Whol~ council as wtll as stall Is going
to Clnd a way to mlnlmlz~ Whatev~r Impact It might hm on U1~
Farm~rs' Markel I think your Input as to maybe a permanent laclllty
as part 01 the ramp and those kinds olld~as, 1/ th~y wouldn't have
come Irom the brain 01 stall and council are certainly being
considered at this point
-ScIlaJlau/ Theso are the things that wt really need, as vendors 01 the
c.\i\\o markel And I think that It's part 01 the attraction 01 this city, to have
one 01 the best Farmers' Market In the entire Midwest and certainly In
the state 01 Iowa. A lot 01 you here have probably gone to the
Farmers' Market and lound you can get a lot 01 things you can't get
anywhere else, and you're buying Irom the IIWe people, not Irom the
big people.
Larson/I'm sure consideration will be given, one, II anyone docs come to the
old site th~re's going to be probably a way to let them know where
the new site Is, and 01 course there are some options that are within
view 01 the old site, and hopelully those Will be considered too.
~hallau/ Well, theso are things that I just wanted to point out to the council,
c\\~O how very, very vital It Is and I hop that you Will take the opportunity
to carefully consider any decisions you make and the ramification
thereof.
Larsonl Holiday Inn may be lor sale 1/ your Interested In.
~h8I1au/ Yeah. (can't hear) Okay, wonderlul. By the way, wt also took the
chao liberty 01, Susan Horowitz Is aware of this, 1/1 may present something
to council. We did at the last Farmers' Market lust have some 01 our
patrons sign urging action on this, I think most 01 you got a blank
copy 01 this before It was handed out III can hand It to.
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Item 65 page 13
McDonald I Why don't you give It to ,lie city clerl'-
~allau/.the city clerk, And you can just look at It and get an Idea on a
C.h'\o relatively slow market at the end 01 the ~ason, how many signatures
this generated. It'l kind 01 give you some Idea.
Larson I I move to accept the petition Into the public record.
McDI Larson moved, HoroWitz seconded to accept petition Into public record,
All those In favor 01 the motion.
Motion carries.
Kubby lOne last comment about this Is that when we talked about It In
terms 01 any kind 01 a new parking structure, we talked about
making sure we didn't move Farmers' Market In the middle 01 a
season. lilt was going to bo movod tomporarlly, It \\.'Ould bo tho
whole season so It wouldn't really mess up the economics lor the
vendors, and the accesslblllty lor the people who attend Farmm'
Markel
McDonald I Jean
Manni HI. My name Is Jean Mann, and I live at 315 Kimball Road.! just
wanted to speak to the Issue about what Is happening In the ravine
over there. I pass It every day. I live In that neighborhood. That's an
Incredibly ~autilul neighborhood to live In. There Is quite alot 01
Wild HIe over there. We apparenUy are on tho deer path tho last
several generations because they come up through our yard, then
cross over the ravine on the other side, then up Kimball Road. I have
been back over there and I don't undorstand what Is going on because
the IIIlIng of U1e ravine Is going on all U1e time. It Is just geWng
higher and higher and hlghor and I shutter to U1lnk what It Is going to
do to U1at area because U1at 1111 stops all 01 U1e natural draining, all 01
U1e stull has to ~ moved. I'm suo I don't have to tell you about U1al
I lust wanted to let you know U1at I live ovor U1oro and It Is very
serious because I hate to destroy U1at Iraglle environment In U1e
middle 01 our city. It Is one 01 U1e preWest places U1at U1ere Is.
Thank you.
Larsonl Public works reviewed U1at? You'll give us a report on U1al
McDI Take a look at that.
Jim Waltersl RR 63, Iowa City. I am sorry to leapfrog back to the farmor's
market. I wanted to speak brlofly to the farmer's market situation. I
think It Is Important to dispel boUl for U1e current council's sake and
to tho public, to dispel any notion that tho current situation Is
reflectivo 01 our past relationShip With city government or the city
council In particular. I've been a vendor at U1e farmer's markeLI
U1lnk 15 or 16 years. Cheryl Metz and I are the two vendors who
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'5 page 14
have been there the longest currently And the relationship With the
city has not always been a pleasant one Over the years It has been a
history of struggle to gain any recognition that we have a legitimate
place In the community and to get some response lrom the city
government to the specific needs we have, I don't want to fault the
current PIR stall. I think they are dOing an excellent lob. Marilyn
Krls, Terry Trueblood In lalslon With us now, My comments concern a
longer history than that. When larmer's market was tlrst put under
PlR,lt was a very ad hoc kind 01 approach. In reality there Is no
particular reason why larmer's market should be considered a
recreational activity. Perhaps you can consider the remarks I'm
making. A suggestion that we caJi study this history and think about a
way we can change the way we do the larmer's market. There Is
some potential lor thinking about dlllerent things In the luture. There
Is no real reason to think 01 larmer's market as recreation. Because It
Is not that. We ended up there originally simply b<<ause there was no
other place that at that time they could think 01 to put us. We went
through a very long and dlftlcult period 01 not being accepted by stall
in PIR. There were people In P/R who didn't care a tlg lor larmer's
market. Some ebb and lIow 01 that aWtude over the years. On one
occasion I talked With P IR Commissioner who said that at the slightest
complaint lrom any area super market that he would shut the
larmer's market down on the spot. So It hasn't always boon a pleasant
relationship working With people like that. When we try to expand
out market, It used to be originally only a Saturday market. We were
told that the city could not allow a Wednesday evening market. It
was out 01 the question. We lought lor three years. It took three
years to bring that change about. It tlnally had to come to council,
We had to circumvent P IR to come to council to get that to take place.
Now that Is an accepl&d leature 01 the market. We had to tight lor
that. It didn't come automatically. We had to tight lor the addition 01
things like park benches...lt has been a long history 01 sloWly,
grudgingly being accepted as part 01 the community. It lust didn't
happen over night. I guess I'm hopelulthat now we are recognized as
an Important contributor. That the current council does look at the
larmer's market and see that we do have an Important place. That
recognition Will put-your attitude towards the larmer's market Will
put us at a high priority when you think about this. When we saw the
orlglnallnlormal minutes 01 that meeting where the parking ramp
was discussed we didn't see the larmer's market mentioned In the
minutes 01 that meeting. That kind 01 disturbed us more than
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anythIng, That the whole discuss/on of the ramp, We thought we
went thoro I do want to say ono othor thing about the history of tho
Wednesday night markot In particular. Ono particular problem that
you might think about Is that wo'vo beon ablo to got Ule city to
consldor starting tho Wednosday ovonlng markot at What would be an
appropriate timo, Which Is WIIon peoplo got oft work, So that people
Who get oft work at dtttorent shifts, say a 3:30 shift or ~:OO shift or
5:00 shift can como to the market When we start the market at 5:30,
most people Will have already left their placo of employment and gone
home. And It Is very unlikely that most of those people Will return to
patronize the market on Wednosday evening. We really need to come
up With an earlier starting time and the problem of that earlier
starting time on Wednesday night was always because a higher
priority was assigned to those people Who had those few parking
spaces under the bridge WIIo happen to be permit holders under the
bridge. It has always been given that those few people have always
been given a higher priority than all the vendors and all the patrons
WIIo patronize tho Wednosday night market. There Is something
wrong about that There Is something wrong about not saying to
peoplo that those few people Who hold those particular spaces that
maybe on Wedn&sday evening they could leave at 3:00 of find
suitable alternatiVes for parking for that short of time and for that
short of period. This Is the thing I'm talking about that It has always
been fighting at the door and fighting to get recognition. But hopefully
those things Will change. I hope that Is all In the past It's has been a
long struggle for most of us WIIo are small farmers to survive over the
last few years. The market conditions and the weather factors have
not been particular In our favor. I think It is a tribute to the vendors
WIIo are there and most of them have been stalwart In coming and
making an attempt to provide food for this community. It Is a tribute
to them that many of them are still there after the struggle for the last
few years, My final comment Is always one that I try to make to
everyone WIIo patronizes that market Everyone particularly In the
business community because I know that the business community Is
the dominant voice In this community. They Influence your decisions
more than the people WIIo come and speak as I'm speaking tonight,
Whenever I talk to someone WIIo Is In the business community around
town I tell them that If you come to that market and spend a dollar at
the market at my stall or at Don's stall or anyone else's stall we are
going to spend that dollar In Iowa City. If you go to another food
source which Is a super market In Iowa Ctty and spend that dollar,
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-5 page 16
there Is a portion 01 It that will 00 spent here which Is their payroll,
That will 00 spent In Iowa City But ooyond that payroll that money
which you spend In that super market will all go outside this
community. Your dollar that Is spent at the larmer's market Is a
vasUy more po~rlul dollar In this community than any dollar that
you spend on lood anywhere el~....OO<au~ a dollar spent here Is
gOing to clrculat& again, again and again, As business people you
should know that That Is the sum 01 my remarks, Thank you.
Bob Brav&rman/ 2040 Wat&rlront Drive I'm junior to Jim, I have only \>&en
there lor nlM years now, We ~re given the mlnut&s 01 the meeting
by Marilyn at our WedMsday m~Ung a wook ago as Don said. At
that time the minutes said that boring sampl~ were going to take
place at that location and that was the primary location and Marilyn
certainly understood that to mean that this was deltnlt&ly going to be
the location. SM went as lar as to say that sM thought that It was
99~ certain that the new location would 00 right here In this parking
lot that the Civic Cent&r shares, Right across Irom the coop, oohlnd us.
One 01 our concerns Is tha~ and I think that the police can speak to
this dlrecUy, Is that the market that ~ hav& now, &Yen though It has
ample space for 52 stalls, we have had serious trouble there with
parking. Generally speaking there Is usually a policeman that visits
our Wednesday markeL..to kind of guide traffic and give us an Idea of
where we are having trouble. Oft&n If you are trying to get In there
and It Is real dlfltcult to come off market and get In to the market So
again, an alt&rnative marke~ If It would 00 sited at the civic cent&r,lt
would cau~ further problems OOeau~ there Is a lot less space for
vendors and basically no space at all for parking. OUr concern that we
have seen that the most frequent and fervent people to come to the
market are 60 and over. And they are also the ones most Impacted by
moving the market t outside the downtown location. And also we are
concerned In seeing hOW difficult time they have transporting their
vegetables just across to the rec. cent&r lot. And the traffic concerns
I hav& seen thr~ people over 65 very close to getting. One of our
vendors a couple years ogo was actually hit, just bumped, by a car
trying to get out of that lot Our concern Is that we have many people
who are staring their geranium cuttings very soon. II you ore not In
that kind of thing you probably don't realize how far aMad people
plan for a particular market We've s~n now that we are getting a
solid group of people to come to the larmers market... I think all 01
those things Impact, It's our fooling and hope that we not only have a
sight but that sight Is accessible to the people who are presenUy using
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'5 page 17
the markel Another concern that I have had for several years I
worked for three years",to sell by the pound at the (armer's market.
Cedar Rapids has a much larger market and for years and years they
~re able to sell by the pound. But because of an unfavorable ruling
by out city attorney fearing a law suit about how somoone getUng a
pound of tomatoes getUng short changed and the city being liable (or a
law SUIl We were not alloWed unUI this very last year Where the
state government Intervened and said thiS Is ridicules, These poople
are farmers and gardeners and ~ are going to allow them to across
the board sell by the pound. Also there Is a very close group that had
resultOO In some of our vendors not oolng able 0 soli egg roll and jams
becauso of health pracUces. The health depl Is very sovere on the
(armer's market and I would want to make a comparison ootwoon
that and football Saturdays on Melrose Ave. I mink mere IS a IIlUe bit
of a disparity there on What Is appropriate, We have gone through
legal channels. We have two poople now selling lams and they have
gone and gotten a state permit and built a separate kitchen so they
can go under every possible guideline that has been handed down by
the state. In this age o( dollars oolng Ughl We hope ~ can
encourage more and more poople to not only attend the market but
also attend as vendors. That has been a problem In the pasl Poople
are unsure about What Is going to go down and What Is legal and What
isn'l We are hoping. I guess our concern from talking to Marilyn Is
that a decision had been made that ~ would not meet our next year,
At least ~ ~re Informed of that on Wednmay that ~ would
dettnitely not be at the present sight And ~ should Inform our
people that that Is the case. Obviously from Randy's comments It
doesn't sound like that might not even be true. But that Is What ~
~re told.
Larson/ No decision has been made about Where the farmer's market would
be. We have made a decision about What ~ nOO<i to do about parking
ramps.
Braverman/Is that ramp a dettnlte at that sight?
Larson/I don't think we have passed a r&soluUon to build the ramp. It was
desire of council, Is I remember corrO(Uy, that ~ needed to do
something for a sO(ond floor and a ramp In that area.
Braverman/I think ~ are hoping that at the next meeUng Where this Is
discussed ~ can get Terry Trueblood to take an acUve role and be a
part of these discussions. It sounds like the other opUons that have
been given us are going to be far worst (or our elderly Who are our
major buyers at the market I'm very concerned about that based on
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What I have already Witnessed nine years at the present place II you
could bare that tn mind and ~ do have a very sizable.the Whole first
month, May I-June I, Which draws peoplo In, our plant growers, th~
people are busy right now, It really does help us to have a general
consensus Where we are going to be marketing and how available that
place Is going to be accessed, It is kind 01 hard to see larmers as
actually participating In a business, but that Is What we are dOing,
Larsonl The final decision about the exact conllguration 01 Where the ramps
and th~ kinds 01 things hasn't been lormally voted on. But more
Impotantly What I was saying Is What was going to be done at the
larmer's market hasn't been voted on, considered or talked about In
terms 01 all the dlllerent options 01 Where you could go.
Bravermanl What J'm trying to say Is that although May seems like a long
ways away, lor many -01 us It is really upon us right now. We are
ordering seeds, cuWngs and we have to decide how much expense ~
are going to put out In heating green houses etc. to get that crop
through lor that time period. So It really Is an Important Issue....!
want to stress a permanent place would obviously benellt everyone 01
us In the community. We are hoping that parking Is going to be
accessible to our people.
Larsonl Your Input Is valuable and Important and timely. My concern was
that the comment I read may Indicate that we had done something
wrong In terms 01 making a decision. We may screw up the decision
but until we do please don't say that ~ have.
Kubby I What might be very helplullor us Is II you have a specilic request
lilt does happen It's going to be In a temporary place for one year or
one season. II you can, In some written form, give us What your
priorities are. This Is the 'I place we would like to be...
Bravermanl Marilyn took that Information and the ' I place we had hoped
for Is to take the market from Where It Is presently existing and move
It over Into the recreation parking lot A concern was mentioned that
perhaps the construction equipment Will be parked over there and we
are already short 01 space for the rec. center to begin with. It would
probably be viable on a Saturday morning but delinltely not
Wednesday night That was a lirst choice. We gave a list With live
other choices.
Kubby I Okay. As long as we have that Information so we don't have to spend
time getting back to you so that we can make our process go more
quickly,
Bravermanl That was Information Where we were provided by Marilyn,
lour sites, And then, we voted on th~
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Kubbyl Wer& tMr& ones that weren't chotces that you all had dtscussOO at
some point
Tape 90-91 side 2
KUbby lit It ev&r comes up In meetings that you have options that weren't
given you by starr, I would like to hear about It
Bravermanl Thanks a lot
Nov./1 have one more question. What were the parking problems. I
somehow did not understand
Bravermanl At the preS&nt location, There are people going out of the lot
and people coming In at the same time. And there Is a tremendous
amount Especially when things like corn, waoormelon, cantaloup and
tomatoes. It Is lammed. There are a lot of people down there. I
trually causes-the configuration is such that some of the vendors come
In to park, they have to be there by 5: 15 and there Is trafflc going out
of there at that time. And alot of people don't get down there to mOV&
there cars, knoWing that the market Is there. So those people are still
In places and moving out We really did have s&rlous problems Utere
for a long time.
Don ShIlOUI This summer Utere were several cases of parked cars actually
c.hi\O blocking the space that was rented by vendors. We never had Utem
moved since the owner couldn't be found. This Is another thing Utat
Ute council could address and perhaps more formal communication on
our part
Eileen ~yer 1411 Market, flat top building the last stop before the hellpad.
~..< I'm concerned that there is nobody laking responsibility for safety.
The airport man has been mentioned as responsible for the safety
decision. And he says It is Ute FAA decision. The FAA makes decision
about safety In Ute air but not to anything on Ute ground. That's my
concern.
Jot Hiner I 714 Kirkwood Ave. I'd like to speak to the Frank Bock arralr.
Iowa city Is known as a liberal town. I know Utat s&niors can
sometimes be conservative but Utls has gotoon to be ridicules. It Is
now a country club over there. Everyone who eats there Is getting a
subsidized meal. You can't get a good meal for $1.50 anywhere else. I
noticed that she had 137 signatures on her petition. I don't Utink that
that Is the view of everyone that is affected. I have had a lot of
people speak to me since I have wrooo a couple of letoors to the
editors. And since I was picketing the oUter day, People Who are
afraid that they are going to b9 next. I just feel that he Is an old man,
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He Is 06 years old and has Well eating there for 10 years, His
brother was the same. We always had both of them, At this point, I
think that W(J could continue feOOlng him I hope the council W(J stand
behind the more human. Thank you,
Larsonl )0, a couple of us W(Jre talking about this last night at the Informal
mooting and wondering Whether council was going to take a formal
stand or not The majority or the council relt that unless W(J wantoo to
counooract starf's decision and the Council or Elders and Senior Cenoor
Commission's dectslon that we W(Jre In allect taking a stand by not
counooracting their decision, The dllllculty ror me-It's easy for me to
say that III were in charge or that building In oorms of being the stall
porson and oolng on tho Coundl ot Eldirs and wlfig Willi llie Senior
Cenoor Commission, how I would vooo. I would vooo tor open access. I
dlsagroo with their decision, What Is harder for me Is that this Is a
Commission that Is really dlrectiy dally Involved In the operation of
the building and those programs. I have a hard time saying to them
that I know more about It I'm a better judge ot this than you are. It
Is the overruling ot my stall people that are almost unanimous. And
only one person on both the Council or Elders and the Senior
Commission combined Is disagreeing with that decision. That Is the
problem for me. It Is a muoo point anyway. As the majority of the
council feels that the decision should be allowoo to stand. There was
at least two ot us that felt that maybe we would make the dectslon
dlfterenuy. Where I hm the dlfflculty Is knOwing Whether It Is up to
us or not Clearly we have the power to 0011 them What to do. I lust
have the dllflculty Whether that Is proprietary or Whether that Is
correct to substitute my judgement for them. In this case, they are
certainly closer to It I have a more strong feeling for open access
than the other considerations that cause them to feel the other way..,
Cor~Suoor 1609 Brown Street I want to address the question...to each
council member. I wish I could have an answer trom each of you.
The question Is: In any given area, Who Is liable for that area.
McDI What do you mean?
Suoor 1 Who Is sovereign In that area?
McDI Are you talking about a neighborhood.
Suoor 1 A duly constitutoo neighborhood area. Who Is sovereign there? An
Institution? Or are the people sovereign.
McDI The people that make up the area, probably. Are you looking tor one
speclllc Institution or person or group ot people, Is that What you are
asking.
Suoor 1 No, I think you mIsunderstood.
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McDI If I did I'm sorry. I didn't mean to.
SUtor I In any area, The county, neighborhood or Wha~ Who Is sovereign In
that area? An Institution or the people In the area.
McDI I S&O the point you are trying to malee,
Courtney I There may be a third choice. What Is sovereign are the laws and
ordinances that have been put In place by council or Brd or
SUperVisors or legiSlators In the past that have been elected by those
people. And those laws and ordinances that are In atrect at a given
time When a particular Instance comes up are What are sovereIgn tn
this country. It Is unfortunate Ibatlawyers get In front of What
maybe should be done at times. But It has been proven to us many
times In the past that that Is What happens.
Sutor I I'm not speaking of lawyers speclllcally. Just Who does everybody
consider sovereign. An Institution or the people that make up that
area. Thank you.
McDI Anyone else-
Kubby I I lust wanted to say that before W& close the public discussion. I,m
very happy to S&& so many people at this council m~ting. I'm always
looking for peoplo to participate In local government I find It
unfortunate that the Issues that have boon talk&<! about tonight are
ones that are negative. Or ones that there are problems. If you look
at everybody Who Is on city council, W& got Involv&<! In local
government because W& got mad about something. And that ends up
about how people particlpate...,ffiany of us W&re mad about
something....! hope people Who spoke tonight or agr~ With people
tonJght stay Involved. We n~ wakh dogs, Input suggestions....! want
to encourage people to keep tuning In...
Horow./ The other aspect or this though Is that the breath of activities that
W&re discussed tonlgh~ there are no simple answers. There Is no one
Issue that takes prec&<!ence. They are aU equaUy Important and W&
reaUy do have to deal With aU or them, I have enjoyed this m~ting.
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Agonda
Iowa Clly CIIy Council
Rogular Council Moollng
Octobor 30, 1990
Pogo e
ITEM NO.6.
PUBUC HEARl NO ON THE ISSUANCE OF $2,300,000 OENERAL
OBUOATlON BONDS,
Commont: Tho Council will rocolve oral or wrltton objocllons Jrom any
rosldont or proporty ownor to tho proposod Issuanco 01 bonds. AJtor all
objoctlons havo boon rocolvod and conslderod, tho Council Is roqulrod, by
statulo, to adopt the rosolullon Instituting procoodlngs 10 Issuo tho bonds
atlho hoarlng or at an adjournmonlthoroor.
Acllon: j,~) (It,:
ITEM NO, 7.
i\ qD'JD\
CONSIDER A RESOLUTION INSTITUTINO PROCEEDINOS TO TAKE
ADDITIONAL ACTION FOR THE ISSUANCE OF $2,300,000 OENERAL
OBUQATlON BONDS,
Commont: this rosolutlon approvos procoodlngs with Iho bond Issuo and
authorlzos tho CIIy Clork to publish tho notice 01 bond salo.
Acllon:
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ITEM NO, e.
11
.J",) jllr,) It1~ Ie
PUBUC HEARINO ON THE INTENT TO CONVEY AND TO AUTHORIZE
THE MAYOR TO SION EASEMENTS TO PUBLIC lmUTY COMPANIES
FOR UTlUTY SERVICES IN CONNECTION WITH THE SYCAMORE VIEW
SUBDIVISION.
Commont: Tho Clly 01 Iowa CIIy has undortakon a projoct to socuro tho
dovolopmonl 01 now slnglo.Jamlly rosldonllal dwolllngs for modorato Incomo
flrsHlmo homo buyors, ullllzlng Clty-ownod proporty adjacont to First
Avonuo botwoon J Stroot and tho Iowa Intorstato Railroad right-of-way. In
conjunction with this dov~lopmonl, It will bo nocossary to oxtond ullllly
sorvlcos to tho rosldoncos and tho CIIy bollovos It Is In Its bost Intorost to
convoy utility easomonts to tho approprlato public utility companlos.
Acllon:
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'6 page I
McD! P,h, on the Issuance or $2,300,000 general obligation bonds
Declare the p.h, op&n-
Jim St, John! I would just like to addr&ss the councH regarding the S550,OOO
or bonding dollars wlilctl I understand is In this appropriation. Is that
correct> I would question that until the matter Is r~lv&<! and the
vote Is taken by this councH that $550,000 or that ~2,3 million 00
subtracted and that measure 00 consider&<! so that a decision hasn't
boon made already oofore a decision Is suppose to 00 made. If that
mak&s any ~n~.
Kubby! Becau~ W& haven't voted on the zoning change, do you mean?
Sl John! Exactly.
Nov./ Doos this particular vote obligate us to each of th&s&.
Atkins! For Jim's Information and the councH. Don may have to help me out
on this. In the proposed bond sale there Is a list or projects. Th~
projects come about rrom various capital Improvement programs and
other actions on the part or city councH. In the list of projects, and Jim
Is correct, there Is a list or What W& call the northwest trunk ~W&r-
$550,000. In the bond sale, the actual sale of the bonds It Is listed as
sanitary Improvements. If at some time at a later date, ror example, If
you choose to defeat Walnut Ridge or any other kind of amendment,
the bond sale may proceed. My recommendation Is to proceed with
the bond sale. That particular project can 00 removed at a later date
and not affect the bond sale. We try to put It together basoo upon
capital Improvement programs. This Is an element or that capital
Improvement program. You can add to or delete from as long as you
stay within the general definition of the proposed sale. It says
sanitary ~wer Improvements, public safety Improvements, street
improvements-very general terms are used in the bond sale.
Sl john! I can appreciate that. If it Is as easy to take them out and add
them later, that would 00 appropriate for this councH to consider. If
you would plea~, subtractlng the $550,000,
KUbby! You can't add them though.
Atkins! No. You cannot add them.
St. john! You can't later Issue tho bonds?
Atklns/No. You have to do it at some other date. The bond sale. If for
example you object to a particular project such as the one you are
objecting to. The councH has the authority at some time later on When
it comes to the spending or these monies to say don't spend it on
Walnut Ridge, We prefer you do a sanitary ~wer project over there.
That can be done and those decisions can 00 made, So It can do What
you are proposing to do but you just don't have that rtexlblltty to add
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to and deleoo from. You are deaUng WiUl a $2.3 mUUon Issue. It you don't
want to do Ulat Ulen you nm to say that tontgh~ we don't want to do
Ulal
Courtney / This actual bond sale does not take place until Dee, II. There Will
be vOOOs taken before Ulen.
Sl JOhn! I lust didn't want to have to make you do any extra work Ulan you
might oUlerWise be doing,
Horow./ It would be extra work It YOU took It out and had to brine It back In.
Sl John/ As long as some of Ule money doesn't end up In Ule hands of Ule
SouUlga~ Dov. I'll rest assure that that Is line With me.
McD/ We appreclaoo your consideration.
St. Jobn/ We'll make sure to walth to sev Wllo vo~ Which way. That is
very Important to the residents and to myself. Thank you very much.
Nov./ As I understand your explanation, we can move any of Ulese projects,
It there Is stroot Improvements we can decide at budget that those
stroot Improvements are not the ones we want to fund and we could
move It to a dltterent street Improvement.
Atkins/ As long as you stay Within the general definition of the bond sale.
What we try to do Is not only build in the project flexibility but some
reasonable tlnanclal flexibility. For example, you have in Ule projects
resurfacing Mercer Park oonnls court, that $10,600. The project may
come In at $11,000, It may come In at $9,000 Wllen you ultimately go
to bid Ule Ullng. You are not stuck to Ulal But you are stuck WlUI
Parks and Recreation Improvements. And you have Ulat t1exiblUty
built In.
Kubby / That particular one Is sewers. Are Ulere oUler sewer projects Ulat
may nm to be done.
Atkins/ Absolutely, yes.
Kubby / Can you give me some examples.
Atkins/ No, I don't have Ulem In tront ot me but we Will be doing additional
sanitary S&wer work sometime In Ule future. It I recollect, Don, we
have Ulroo years Ulat Ule money has to be spent WiUlln so we don't
face arbItrage problems, It Ulat correct? Arbitrage meaning we are
borroWing money, we are legally obUgated to spend It In Ulat time
trame. I can assure you Ulat WiUlln Ule next Ulree years we'll have
tho need tor oUler sanitary sewer projects. We have an obUgatlon
under Ule tederallRS regulations to do Ulal
McD/ Anyone else-
I now declare Ule ph. closed.
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McDI Moved by Ambr, ~onded by 1I0row to adopt the resolution. Disc
Kubby II wanlOO to say a few things The north~t trunk sower Is 21~ 01
thQ tololl amount of thQ bond j;&uanCQ, I am ;QmQOnQ who vo~
against going through With this. I think When Randy talks about that
this Is no subsidy to tho dmlo~r, that that Is very true. But Is
doesn't mean that the community Is at no risk, That the sewer rate
payers are at no risk It these homes aren't built or Il they are not
built last enough, then It just strings out how long the sewer rate
payers are short term subsidizing or loaning the money to the
devolo~r, Or to the homeowners that eventually purchase the homes,
So Citizens are taking the rISk nere vs, the developer. I think that's a
true statement. For some 01 us that Is okay and lor some 01 us, In this
case, It Is not. I bolleve that large lot development lor Walnut Ridge Is
a good strategy lor that particUlar piece 01 pro~rty What I don't
agroo With Is that citizens should take the risk lor the cost 01 sant~ry
sower system.
Courtney I How do you justily us constanUy voUng lor subsidizing overslzlng
pipes In other areas 01 town. We do It all the time.
Kubbyl B<<ause the comprehensive plan-
Courtney I So we can take care 01 further development on past that.
Kubby I There are trade ofts In everything. And you all have made a
dlrrerent decision on that this trade orr Is okay. When we originally
talked about large lot development we thought that we could entice It
through zoning laws. We tound out that In this particular Instance
that this Is not true. The trade orrs just aren't there tor me.
Horow.1 Let me see III ean help you on Ulls. I have had problems With this
a IIWe bit. Until I reallzoo In this particular situation what my
husband OOC8use he Is going to pay the paycheck on this Is paying tor
Is not the Whole se~r. It Is the area over the University pro~rty. In
~ther leaptrog development such as SOuthwest Estates, and correct me
Ill'm wrong Steve, the developer over Whose property that pl~ went
to get to Eicher's pro~rty, that landowner Is going to have to pay Mr.
Eicher tor that, Mr, Eicher uptronlOO It, In this case 'n'& are helping to
uplront that sower pl~ to Walnut Ridge because the pipe has to go
over the University property and they don't pay tor It. So It Is a
dtrrerent principle tor me. I recognize that we are going to.thls Is
essentially advancing It and I am WllIlng to take that risk because I
think the return on large lot single tamlly home Is good Investment to
then pay In tor all the rest the sturr we wanted to pay tor that Will be
subsldlzoo, It's very very convoluted, But Illnally have accepted It.
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Kubby / My doclslon Is coming down on the other side of the fence saYing the
developor has chosen to dovelop that certain proporty knoWing that
the University proporty Is In between there That Is lust the risk and
price of dOing business In that area. We lust come down on dltlerent
sldos, I,m going to vote for this becau~ there are other things on here
that I value very highly, And, originally tonight I was walking In bore
thinking that becau~ this IS 21~ of the total and becaUS91 feel
strongly about this, I wanted to vote no to voice my strong obloction.
I think becau~ we can put this In other areas that I lust want to voice
my strong oblOGtion. It Is Important for me and you and other people
to hear this. But I Will vote yos on It becau~ the~ other things are
very important to me,
larson/I think Daryl's analogy Is well made point that hasn't been
understood by all people Is that we are not doing anything different In
building that ~wer Une so the Walnut Ridge can develop than we do
when we pay extra. When Public Works rocommends we pay extra to
make a sewer Une big enough to dmlop land out of S<<\uence until It
becomes time to develop It That again Is the citizen's nod for paying
for something to get done so that land can be dmloped later. It Is
the exact same kind of advance. It Is the exact same kind of loan. It
has been done. There lust Isn't any dltlerence In that It Is being
skewed emotionally With things that don't pay attention to that kind
of. That Is a procedure that Is Invosting Infrastructure so that your
neighborhoods and city can develop appropriately and
Inappropriately.
Kubby / I'm not disagreeing With that I am saying who should take that risk
In this Instance. I fall In a dltteront Uno. I don't feel like you are
accepting what I am saying.
Horow./ I'm not simply because I rocognlze that the people tn the North end
had to pay for the sewer when It came down to Kirkwood. Someone
had to pay for that sewer to be put down Kirkwood Ave. before our
home was built In the early fortios. We do this all over the city.
Courtney / We spont $40 million In the last few years to build a new
plant and a new trunk line so that the city could expand In the future.
Kubby / The dltterence for me Is that wo have a comp. plan that has some
guidelines. And they say that council can chooso whether or not It you
leapfrog develop that you have to choose whether the developor pays
or we do, And I 'm failing In a dtrrerent place.
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Larsonl 1 think that Is putting alot 01 pressur~ on staff WI1~n th~y put
together a comp. plan to be abl~ to predict those kInds 01 things In the
lutur~.
Kubby I Sometimes we decld~ on way and sometimes we decide another.
McDI Any other dlscussion-
Rollcall-
This loom Is adopted.
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Agonda
Iowa Clly CIIy Council
Rogular Council Mooting
Octobor 30, 1990
Page 9
ITEM NO.9.
CONSIDER A RESOLUTION FOR THE INTENT TO CONVEY AND TO
AUTHORIZE THE MAYOR TO SIGN EASEMENTS TO PUBLIC UTILITY
COMPANIES FOR UTILITY SERVICES IN CONNECTION WITH THE
SYCAMORE VIEW SUBDIVISION,
'!.9o Cj~;':"
Commonl: Tho oasomonts will allow approprlato public ullllly companlos 10
exlcnd utlllly sorvlcos to tho proposod resldoncos In tho Sycamoro View
SubdivisIon.
Action:
"/11./ / 11 fl'-' {. ,
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ITEM NO, 10 , PUBLIC HEARING TO RECEIVE COMMENTS FROM THE PUBLIC
REGARDING THE RECOMMENDATIONS BY THE COMMITTEE ON
COMMUNITY NEEDS (CCN) ON THE USE OF 1991 COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FUNDS,
Commonl: On Octobor 17, 1990, Iho Commlttoo on Community Noods
lormulatod rocommondallons for prolocts utilizing 1991 CDBG lunds. Thoso
rocommondatlons and additional Information rogardlng tho funding requosts
have boon forwardod to Council In the 1991 COBG Proaram Statomont
Rosourco Boo~. Council approval on tho final Program Statemont Is
schodulod lor Novombor 13, 1990. At tho Council mooting aftor tho Public
Hoarlng, CDBG staff wlshos Council dlroctlon as to which prolocts to Includo
In tho Program Statomont.
On Octobor 17, 1990, tho Commlttoo on Community Noods also rocom.
mondod Ihatthe Council allocate an amount not loss than $25,000 In Road
Uso Tax runds lor tho Installation or curb ramps throughout the CIIy. this
proloct was formally fundod by tho CDBG program but was dlvortod to
bolng fundod by tho Road Uso Tax fund In 1ge9.
Action: ire'} Iftl
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Mcf)/De(lar& th& ph o~n.
Anno RaWlandl 839 Roos&v< Mayor Mcf) and memoors 01 council as you
know I am th& chairperson on th& CCN J would llk& to tak& this
opportunity to brlolly summarlz& What this o~n h&arlng Is about
Each ym th& II m&moors 01 CCN Who you hav& appoint&<! ar&
charg&<! With r&c&IVlng r&quests lor and r&comm&ndlng allocation 01
th& F&<!, CDOO dollars, This y&ar, as In th& pas~ ~ r&c&lv&<! requests
Which total&<! lall more money that we &xpe<t to r&celve from
Washington. Of the 18 requests r&c&lv&<!, CCN has r&commend&<!
lundlng 1301 th& application at some Iml. B&cau~ ~ ~nt om
CCN's r&comm&ndations In som& d&talllast night I would just llk& to
r&mlnd you that th& majority 01 CCN supports th& proposal oofor& you,
Th& &xc&ptJon to that would 00 d&nylng th& funding for th& Small
Business Dmlopm&nt C&nter, Although th& majority vot&<! against
funding th& vote was v&ry clos&, With just on mor& vote funding
would hm boon grant&<! to th& ag&ncy, I would also llk& to point out
that th& Benton Stroot pock&t park was consider&<! to 00 of oon&flt to
tho ~mmunlty. Th& prol&ct was not r&comm&nd&<! for funding
oocau~ CCN felt monies for the pocket park were more appropriately
found elseWhere. In addition, CCN has r&commended against funding
Villa Garden Apts. proj&ct With CDOO monies due to the prohibitive
amount of funds r&quest&<!. Ho~ver ~ strongly urge that council
work With the developer Bob Burns to make this this affordable apt
proj&ct possible. Finally, CCN strongly r&commends that council
continue to fund th& Installation of curb ramps from road US& tax
funds. In conclusion, ~ sincerely wish our funds ~re more pl&ntiful
and that we could holp &ach 01 th& organizations that cam& to us. We
also Wish ~ could fund IOO~ of mryon&'s r&qu&st. At this point w&
ar& simply r&lI&v&<! that congress was abl& to pass a budg&t rath&r
than alloWing Gramm.Rudman to tak& &ff&ct W& appr&clate your
consld&ration 01 our r&comm&ndations and thank you for th&
opportunity to s&rv& In our community
McDI Thank you, Anne. Is th&r& anyon& Who would IIk& to addr&ss th&
council.
Joan vand&n6argl Dlr&ctor of the Neighborhood Centers 01 Johnson County,
I und&rstand that last night you had som& qu&stions r&gardlng our
CDOO proposal for tho Broadway Str&&t N&lghborhood C&nter. I would
llk& to address thOS& now. W& ar& basically asking for funds to lInlsh
our grounds at th& Broadway Stre&t Neighborhood C&nter. W& hav& an
unusual lot at th& neighborhood c&nter and &roslon has boon a conc&rn
of ours. We have had to com& up with a plan to deal with
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that Also, W& ne<<! playground equipment Those are our two malor
concerns. I realize that there IS a $6.000 amount here that Is In
question, CCN has recommended that to go to our agency and the stall
has recommended that It go to another applicant I gu&SS I would lust
1I\(0 to stms that What our landscaping plan Includes Is nothing very
extravagant. It Is lust that W& have alot or Issues to deal With on our
lot Also, W& have 00 get plant material that IS a IItUe bit larger Since
W& have roughly 60 kids playing on the lot &Very day The same
holds true for the playground equipment We n&&d 00 get good stuff
that Is study enough 00 hold up. That Is baSically What I wanted.
Horow./ I didn't raise this last night. I'm dlslr&SS&d on the aspect or the
landscaping. on erosion. I wondmd In tho contract that you had to
build the neighborhood center was there no sare guard and no time
period that the contractor would have to fVl:tify that
Vanden6erg/ We had landscaping, an escrow account established, And
basically that would cover the screening betwoon the two diHerent
playing areas. We lust didn't budget enough ror that Is the main Issue.
Especially It Is such a rough terrain. It has been a poslUve thing In
that wo wore able to get a walk out basement out of this lot but the
negative aspect of It Is the big hili to deal With. Also, a big concern of
mine.
Horow./ Walt a minute. The hili was created by the construcoor. the person
Who put the house together.
vandenBerg/In part. There was a hili there anyway. It was there before
W& built the building. We made use of It We built It up some.
Horow./ That was my concern as 00 Whether or not W& don't have any
recourse 00 the contracoor 00 correct that at the contracoor's e~nse
and not our's.
Vanden&rg/ As far as the erosion problem, I feel like W& have got that
under control. We had an engineer come out and we redirected the
water 00 go out the back Instead of out the side, Aside from a small
tiling project I tillnk W& have It under control. I think W& use some of
the funds 00 deal With that that ordinarily W& would have used to buy
trees and shrubs and sod.
Kubby /1 have a quesUon aside from the erosion control. If you need really
sturdy playground equipment I might be good 00 look Inoo recycle
plastic lug playground equipment or recycled tires. That way you are
helping create a market for all of our garbage. As well as having a
sturdy product that wtlllast for a long time.
Vanden~rg/ Can I get Information from you.
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Horow/ The JOhnson County Council of Gov SoUd Waste Coordinator would
be able to give you something like that. There Is no-( know that you
have received some plans through Project Gr~n or certainly some
advice on this. There Is no way of getting any of the materials that
you need In any other manner other than the money
VandenBerg/ Project Gr~n Is also gOing to contribute They don't know how
much, but they are gOing to give some. We'Ve been dOing a private
fund drive, That goos slowly and we have many other things that we
are trying to do first, I f~1 like we have explored several dlUerent
options, It Is just so unsltely. The neighbors have boon really patient
with us. I f~1 Ulat It Is not a very good representation of Ule
Neighborhood Center. I fool like I want to get this taken care of,
McD/ Thank you, Joan.
Agnes Kuhn 1185 E. JeUerson, I wanted to give you a little happy report of
my spending 3.5 hours out at Broadway today, It Is very Inspiring to
S% what Joan has done to that bulldlng, When you realize how many
chlldren there are there. There are little two year olds that have boon
abused, ther" are two bunches ot head start kids, lhere are classos for
those head start mothers, Ulere Is a whole bunch of dynamics that she
Is attacking. Today,they have the new fence Ulat Proctor and Gamble
has given Ulem Ule lumber tor. They had no fence to koop those IItUe
tykes In. They have a beautilul design of a curving cement road on
which the kids can ride their trikes. It takes a heck of a lot of
Investment. We In CDBa are aWfully glad that you are helping us
make our decision this year, I hm boon on CDBa longer Ulan I
should hm boon. I appreciate your help.
Horow./I don't Ullnk Ulere Is anybody more creative In acquiring things
than Joan Vandenburg. I just k~p.I'm trying to SQO how to stretch
$6,000 farther Ulan It obviously can go,
KUhnrrhere really Is a God after all, I Ultnk,
Horow./ She Is very-
Bob Burns/I am here to speak to you tonight about my application lor the
proposed Villa Garden Apts, I'm an architect with my olllce here In
Iowa City and a developer 01 aUordable renting housing, OUr r&quest
Is for $150,000 loan for a site acquisition. We Intent to leverage this
loall to develop a $2.4 mllllon rental housing project consisting of 48
new construction units. We plan to repay the loan through In a thr~
to four year period wtUllnterest If necessary Ulrough the tax
Increment financing program of TIF bonds. We soo the loan as a
benefit to residents of Ule apts. dlrectiy lowering U1elr rents, The
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property tax throughout the TIF bonds would pay for the land costs.
The savings on the $ 150,00 at a I O~ 30 year term would amount to
$32 per unit per month, I want to remind you that this housing Is
proposed as non student housing, The low Income housing tax credit
'pociflcally oxcludo, Cull tlmo undorgraduato ,tudonts. Thl' I'
designed for low Income famllles. The city supporting this project
would Improve out chances for receiving an allocation for the low
Income housing tax credit, The tax credit IS one of the major fed.
programs for low Income rental houses currenUy In operation. The tax
credit provides the Incentive to raise capitol which reduces debt and
then r9duces rents, Iowa City, this program has been In existence
since the tax act of 1966. The first projects oolng Implemented In
1987. Iowa City has not received Its share or has participated In the
program at all.
Kubby / How do you prevent full time undergraduate students from not
renting. It they are considered a dependent Is Ulat Ule criteria, It Is.
this program Is actually administered through the Internal Revenue
Service. So It Is part of the Internal Revenue Code. Tenants, Incomes
are certified and they have to provide Information about their status
of employment and whether they are full time students or nol They
have the burden of proof and so do we as managers.
Courtney / I want to back up. I missed when you said 10~. What were you
referlng to.
Burns/ That Is what our projections show now Is the Interest rato for our
loan on the remaining debt for the projecl
Courtney / Over and above the bonding process?
Burns/ The $150,000 would pay for the land and that would 00 the city's
participation. The rest of Ule dmlopments cost would 00 $2.25
mllllon would 00 raised approximately 50~ would 00 Investor capital
and then there would 00 a remaining loan of about $1.1 million that
we would have to borrow on the private market. And I used that as
an e~mple In my projections. That Is where our rents stand now. We
do Intent to seek out and pay oolow market Interest rate financing. I
think that that Is available. It we are able to obtain that and get a
lower Interest, Ulat reduces the debt service on that portion of the
debt which lowors rents.
Courtney / Your are right, It Is available. There Is a program through the
Iowa Finance Authority that Is specifically aimed at low Income
housing and I can provide you With details It you would like,
Burns/ That Is e~cUy where I was planning to go,
Courtney / This TIF thing I wasn't certain where you.
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Burns/ The TIF bonds are Issued by the city I know you haven't
participated In that
Courtney / So you are talking about a combination of city and tax Increment
financing and through the Finance Authority.
Burns/ And the fed. tax credit Which Is actually administered through the
Finance Authority also.
Courtney / I thought IO~ sounded a bit high for that type of financing
through the municipal bond market
Burns/ We expect It to go lower and I hate to venture a guess. Maybe an
~timate of 7~ and In Utat ca~ we would lower the rents again
proportioiiately. Right now wiUtIO~ projections our rents are at tile
payment standard for housing vouchers in Ute City of Iowa City.
Anything we can do better Utan that would lower rents. Which leads
to Ute thIrd method of financing we Intend to pursue and that Is If the
city goos along With this project. And that Is to apply to tile Finance
AuUtority for a Housing Assistance Fund loan which would be a low
Inter~t1oan. We are going to requ~t It at 1:C Interestln the
neighborhood of $300,000 to $400,000. Again, that would lower Ute
Inter~t rate on that portion ot the $ 1.1 million debt, again, lowering
rents. Ultimately, Ute benefit to the city, other than providing housing
for low Income famtlles Is Utat after Ute TIF bonds are retired, the
project Is a tax paying entity. And we pay full property tax~. It
would be on the tax roll. It Is a prIvate entity tilat owns the property.
Kubby / The units planned are two and three bedroom.
Burns/ Yes. -2 two-bedroom and 16 three.bedroom. Most ImportanUy, that
Ute point I would like to make Is that we would like to proceed now. I
hate to put you under Ute gun that way but Utere Isn't tilat much time
for Ute preparation and the submission of applications tor Ute 1991
low Income housing tax credit that congress appropriated again. It
was due to sunset Utls year but It has been extended In to 1991. We
would like to get geared up for submission for that application along
With the application to Ute Finance Authority tor housing assistance
funds.
Kubby / What Is your deadline for Utat.
Burns/ There aren't any deadlines. The Finance AuUtorlty doesn't have any
but It has In the past has ooen late winter or early spring.
Kubby / Is It a first come, first serve and Utere Is only so much money,
Burns/ They have a cut oll date and tiley evaluate all the applications at
tilat time. Last year, for the tax credit, they had four times Ute
amount of applications as they had tax credit,
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Kubby / Do you know What Ulat cut oil da~ Is
Burns/ They don't have that ~t yet by Ule Finance AuUlorlty
lIov./ Under Ule scenario Where you would not be granted an IFA loan or a
to<!. tall crO<!I~ how would you procood.
Burns/ We could prObably proceOO Without tho housing assistance fund loan
but we would not be able to pr(l(*<l unless we receive Ule allocation
of Ule low Income housing tax credit In that C3~ Ule land, we could
olUlor walt anoUler 12 monUls or until the program were extended
again or we would have an escape clause for the city to take Ule land
bad: !IJl<lor your control. The problom \tr~ have and Ul~ priiblvm we
have together Is It Is dlfttcult to obtain multifamily housing sites In
Ulls town. It Is dltttcult for someone Who doesn't already own the
land to acquire Ule property. One of Ule Ulreshold requirements for
applying for the tax credit and Ule housing assistance fund loan Is to
have control of Ule sl~. I'Ve tried to, Ulrough 19a9, I have tries to do
just Ulat and was unsuccessful.
Nov./ Would you explain What just Ulat refers to.
Burns/ Try to obtain a site WlUlout Ule City's assistance.
Nov./ Then you did not get a particular sl~ for what reason.
Burns/ The unWillingness of Ule owner to soo It
Nov./ this Is a legltima~ concern. Would Ule owner or any oUler person be
guaranteed Willingness to sell. this Is someUllng Ulat none of us
would control.
Burns/ I Ullnk we could If we approached It In the manner Ulat I'm
suggesting.
Horow./ Only Is It wero In Ule right.1f the owner wanted to ~lIlt The city
couldn't force them to sellll
Burns/ That's correct
Ambr./ Do you have a spectrlc sl~ In mind,
Burns/ I have Ulroo In mind.
Ambr/ Within the city limits?
Burns/ Yes. And I think If you want to discuss Ulose, I'd recommend Ulat we
go Into a close session to do Ulat at Ulls point I don't. I would
recommend that you auUlorize a special review by the Affordable
HousIng Task Force of this project so Ulat Uley are aware of It and Ulat
Uley can pass judgement on It But Ulat the Task Force Itself doesn't
hold up Ule process of UlIs prOjecl It can be compatible WlUl any long
~rm strategy that the city may come up WlUlthrough Ulat task force
or any polley. I Ullnk Ule time Is very Important WlUl Ulls process. In
conclusion, I wanted to mentioned something about my experience In
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this arena, I developed the llrst low Income housIng tax credit
project In Iowa, Since then I have placed In service six tax credit
projects that are In service and In o~ration Thr~ additional prolects
are under construction and I have thr~ other projects that are
waiting Farmers Home Admin, lundlng. I have also received lor our
projects two housing assistance lunds grants In the last two years
totally $422,000 which represented about 6l of the $6,5 million
amount allocated, One of our projects that IS under construction now
In Northwood,lowa was a joint
Ta~ 90.92 Side I
Kubby / Wh~r~ ar~ some of the other locations?
Burns/ Tax payer projects.
Nov./ Low Income housing.
Burns/ Columbus Junction. Falrlleld, Washington, Websoor City, Northwood.
Charl&s City, Hampton, Denver, Iowa. The thr~ other towns that are
awaiting funding are Osage, Washington, and Waverly, I'd 00 glad to
answer further qu&stions anytime. Thank you very much.
Kathyrn Kurth/55 Gleason Dr. I'm here to talk about the SBDC requ&St for
CDBG funds. We asked for $5,000 and have boon so far approved for
$2,000. I lust want to say that we can continue on. We can do what
we proposed to do. Just at a smaller scale. That we will work with the
clients we proposed. But we can probably serve 10 lnsooad of 25.
Kubby / They weren't allocated any. were they. This other small busln&Ss
assistance-
Kurth/ That Is us.
Kubby / No (can't hear)
Mllkman/ I lust want to clarify that. There are things on the IIs~ both are
laooled Small Busln&ss Assistance. One Is for the SBDC, the other Is
just the city's loan pool that we use for contractors working with CDBG
projects. At this point the stall recommendaUon shOws $5,000 but the
CCN recommendation shows no funding for this project.
Larson/ Which one Is she with, SBDC?
Mllkman/ SBDCc the bottom of the llrst page.
Kurth/ I didn't have that page. We have boon recommended for no funding.
Courtney/ It might change your pr&sentaUon just a bit.
Larson/ This was one where the Issue was whether the city should buy some
cllont time ooyond the three hours you can get fr~ under the staoo
law. Is that correct?
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Kurth/ But under currenUy What we are doing, When you say state law, we
have a grant lrom the Fed, Small Business Admin, In the state
Larson/ Our understanding was that you can give anyone three hours worth
of froo conGultation and holp, Thon many pooplo aro ablo to buy more
time that low Income small business enterprisers are not able to
allord more time II you got a grant from us you would 00 able to use
that to provide them more time Is that correct?
Kurth/ Not exactly the way you are saying. There Isn'~ nobody buys more
or less than three hours. We have a certain amount 01 dollars that we
work with and we know What our client load will 00 lor the year,
What Vr'tJ havo lound In our oxporlonce 01 being thoro lor eight years
Is that typically we are able to work with a client lor about three
hours. And within that three hour ~rlod we lInd out Whether or not
they have What It takes to go lurther than that And If we lInd that
they are willing to put the ellort In to the program that we work
lurther with them. What we have lound Is that the three hours Is
very typical. What we are proposing Is ooyond that to work with the
low and moderate Income Individuals. Because olten times they have
some needs that go ooyond that three hours. We can help with even
more.
Kubby / So you are saying that your grant doesn't allow you to work with
more clients lor more hours and that this will elMnd that
Kurth/ No, I'm not saying that. I am saying that we have to allocate our
hours accordingly for our budget And we can go up to actually thirty
hours ~r client. But the way we decide If we are going to conUnue on
with the cllen~ ooyond mayoo three hours, some are less than that, Is
What they are putting In to It. We do not do work lor the client We
ask them to prepare a loan proposal to the elMnt that they can. What
we would lInd In this situation Is that they are not capable, the low to
moderate Income Individuals are not olten times able to even get to
that point 01 preparing those proposals. We could help them ooyond
What we might somebody else. Our Intention with any clients that we
see Is to help them help themselves do It the next time. II we can
help them through this first time, ho~fully they can do It more so.
Kubby / Can you do that with your current grant. The way things are
currenUy set up can you help someone with the loan proposal under
your current guidelines and money,
Kurth/ Yes we do.
Kubby / I guess ( am totally confused as to what this money actually goes
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Larson/ What wUlthls money allow you to do that you can't do now?
Kurth/ This would put more time WIth th~ Individuals than we can
Larson/Why couldn't you make that priority decision yourself, WIth the
budget you have now?
Kurth/ We haven't made that priority decision,
Nov./ Would this allow you to ~rve more ~ple or lust more hours for the
current cliental.
Kurth/ Probably a combination of the two, Our Intention would be to sook
th~ Individuals and help them more so, I ho~ Is to help them
beyond what they are being helped right now. That would also help
us to help more people.
Horow./ What was your ca~ load last year?
Kurth/ Just under 450 clients. OUr year Is Sept 30 to Sept 29. So we lust
ended It That was new clients, prObably 100 carry overs,
Larson/ Is there anything In your mandated grant that determines what
~rcentage of clients you work WIth that are low to moderate Income.
Kurth/ None what so ever.
Larson/ So what this would do Is allow you to concentrate a IItUe extra on
those clients that you find nm some help.
Kurth! ExacUy. And we have done that to some extent working WIth the
program. Not just on tho coun~lIng but on ~mlnars. So we would
Uke to that further.
Larson/ I don't know what you do. I don't know III can evaluate what this
Is, but how much of the $5,000 do you nee<! for an extra throe hours
of somebody or something Uke that
Kurth! We are not talkIng an extra throe hours.
Larson/ It they nee<!edthroe more hours of help and that would get them to
a stage where they could be more successful or It would achieve some
project that you want to see them get through.
Kurth/ Our proposal was saylng.was recommending that we would work
WIth 25 Individuals and the hOurly rate that we would charge for
anything over our Initial throe hours would be at $25 ~r hour. I can't
do that real quick In my head. I can tell you what we do. Basically,
our mission Is to provide counseling, one on one management
assistance to existing small business owners or ~ple who want.
Larson/ I understand to that degree. I didn't understand to what extent you
use skilled accountants, lawyers otc. You are talking about 25 more
people because of this $5,000,
Kurth! That Is correct.
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McD/ Thank you, Kathy Anyon& else. Come ahead. Bob, il you want to.
Robert Wachal/ ('m chair 01 the Iowa City Riverlront Commission, Which IS a
POliCY adVisory board directing comments to the city council, I would
like to comment on thr" aspects 01 our proposal. Comment on the
intrln,le mortle 01 tho pro(lO'at, why I think CDBa fund, aro
approprlaOO to this proposal and Why / think, even respecting the
current priorities 01 CCN, that CDIlG lunds are available for this
proposal. First 01 all, concerning the IntrinsIc merits 01 the proposal,
you will recall that the Benton Str"t Bridge project was a much
needed project but one that there was considerable dlSPUOO about
because of the replacement of the historic bridge, The establishment
01 a ~~t park on 1,119 NorUlwest corner 01 Ule bridge. Wh1~h would
In part be dedicated to the old bridge, with a section of that
bridge. A memorial plaque paid due heed to what had gone on before
and this aspect of It has caused Ille Historical Preservation Commission
to endorse our pocket park proposal. Further more I recall back when
there was a park In that part of town, It was exactiy on the slOO of the
County Admin. Bldg. Had / known then that this council was as
receptive to public comment as they have been tonight as / have seen
by monitoring you on a tv. program at a nearby establishment, I
would have come here and spoken. / felt very bad that that park was
closed down. U/timaooly It didn't matoor In the sense that all 01 the
houses In the area were torn down anyway. But the claim was made
at the time that that park was not used. / did not agr" with Ulat. I
went down there at least once a week. They had this weed overgrown
oonnls court that people were always playing oonnls In. The park was
being used. I very strongly felt that without any Inoontion of
dlsrvs~t 01 the councll at Ulat time, Ulat Ulls park got lost OOcause
the people who lived around there were poor and had no power. But
some of us came In front of the city council, who sat on our front
porches and made charts about who used It and what they were dOing
and how many.
Horow./ Some of us wound up getting on P fl, then on City Council because 01
that park.
Wacha//It Is true as Randy Larson commented last night that this Is In no
sense a neighborhood park. It Is sort of at the cenoor of the
neighborhood development It Is sandwiched between the river and
Professional Mufller. Professional Mufller IS bounded by Riverside
Drive. However you only hm to go about a quaroor a block up
Bonton St, before you get Into a now low Income neighborhood One of
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tM really low Income neighborhoods In this town Who serves them
This pocket park would serve Ulem Now that Is not the main prpose
of this pocket park but It would Indood serve them So It IS not a
neighborhood park but It Is a neighborhood accessible park for a
neighborhood that Is a low Income neighborhood J thin that those
people deserve something The park Itself Is meant to be an anchor
for a trail system that Is gOing to happen on both sides of the river
sooner or later through some kinds of money It Is In the largest area
of the four corners of the bridge Plans have ~n drawn up for
landscaping. It would make It extremely attracUve" also, although ~
have nor pursued this, One of our hopes In that we could persuade
Professional Muttlors to allow us to hm a mural on tMlr bUlldlii8
which Is a large expanse. And this would not be an arUsUc mural, It
would be an englnoorlng draWIng of the old bridge, It would
be stunning. The people coming In from the south entrance side to the
city on Riverside drive would soo and really be ImpresS<<!, So I think
that the Intrinsic merits of this park are many. Also I think It n~ to
be considered that It there Is no park here, that the city would want to
Incur some Income from the area. The most logical thing would be to
leaS9lt for a parking lot for Professional Muffler. It would better
serve the people of Iowa City to have It be a park than a parking lot
Going on to the Issue of Whether the CDBa funds are appropriate. I do
think this area, although not ottlclally designated as a blighted area,ls
to some extent a blighted area, It Is not a very attracUve area.
Certain business owners, McDonalds for one, that does a great job In
that area. But overall It Is not a very attracUve area. It Is In a low
Income neighborhood. I do fool that It Is not Inappropriate to use
CDBa funds for this project I asked people In the Planning Dept to
give me some InformaUon on CDBa budget overall aspects WIth respect
primarily to the conUngency part of that budget Even It my figures
are wrong by order of magnitude there Is sUII plenty of money to
allocate $8,000 to $10,000 for our pocket park to guarantee the
matching $8,000 from Parks and Rec..My understanding about CDBa
funds Is that the current carryover WIll be $31.900. That $10,000
may be needed for Senior Center Improvements to enllances and
doorways-which would leave $21,900. That the current budget calls
for another $32,000 of conUngoncy funding which would be $53,900.
That there could be as much as S I MOO of cost overrun money that
might be assessed which would sUllleave S35,900, Which is a lot of
money or which $8,000 to $10,000 Is a relatively modest part, I hope
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you will consider the~ thre& aspects. I think this pocket park has a
lot of Intrinsic value We do not have to stretch the concept of what
CDM means to fund this park out of th~ funds. There Is surtlclent
contingency money to add this to the CDM funding without
oVGrturnlng thG CCN prlorlU~ or which I hardily agr~ with and
endorse Thank you ,Courtney I Without paSSing judgement on this
thing yet. That neighborhood has ObVIOUSly needed some park for a
long time, We have all been Interested In fact, even tried to buy a
piece of ground at one time and were held up on the price, My
concern on linking this to the neighborhood Is that ~ are going to
make them cross Riverside Drive to get to It I am not real sure that I
want to hm children especially going across Riverside Dr. to get to
this park. You said there Is going to be a fountain? In this thing?
Wachal/ One that you can't walk In.
Courtney I Okay, I don't want to get caught up,
Wac hal/ Somewhere betwoon a bubbler and a scenic thing...
Courtney II wanted that clarlned what type of fountain It would be.
Larson/ That Is a whole new law that ~ have lust been apprised of.
Wachal/ We would stay within the limits of that law.
Courtney / Your proposal has a lot of merits. I would hate to soo the Miller
Orchard people be denied a bettor spot for a park some time In the
future because this one was putln...1 don't think It Is totally
appropriate for that neighborhood to have It placed right here and call
It the Miller Orchard Park.
Kubby / I don't think that Is what Bob Is suggesting-to the exclusion of a
Miller Orchard Park.
Wachal/ I am totally sympathetic to what you say about children crossing
Riverside Dr. There is good stop light control at that Intersection. StilI.
I would hope this would not preclude consideration of a Miller
Orchard Park. Parks are also for adults and this would be a nice area
and would also anchor the trail system. Thank you for your time.
Larsonl Marianne, you are Shaking your head about those numbers, Can you
quickly tell us where you differ.
Mllkman/ Yes. I know I have a reputation of being very tight fisted about
contingency funds, but I do want to say that what we expect to be
carried over from this year's funds which Is about $30,000 is already
In that $650,000 that we anticipate so basically we are just carrying
them over to the next year, We don't have two set
Nov I How much In terms of federal money are you really expecting? Is this
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$650,000 a roallstic numoor?
Mllkman/ No, Wo aro oXJ>&Cting about $540,000. Tho olMr $ 110,000 Is
mado up of contingoncy funds and loan ropayments that wo get from
r&hab loans and oth&r CDBG loans.
Nov / This Is a r&allstic numoor, $650,000, In that combination?
Kubby / Sh&'s usually pr&tty accurate,
Nov / I koop Maring about Irty numoors and I just want to know, how Irty Is
It?
Mllkman/ V&ry Irty. Congr&Ss-
Courtn&y / As my as our foo&ral governm&nt, doos that ansW&r your
qu&Stion7
Mllkman/ Tho appropriations are not oolng passoo for the HUD monies. As I
m&ntionoo last nlgh~ ther& Is a n&w housing bill that's ootng
authorizoo, but What thoy authorlzoo often does not ooar too much
r&lation to What Is actually appropriated, unfortunately, It's really
my, but It's the b&Stl can do,
KUbby lit It's radically dltf&rent, CCN might come back to us With
recommendations on how to use that.
Milkman/ You Will see this budget again, When W& have a firm figure, unless
this happens to 00 accurate.
McDonald/Is thore anyoM else Who wanted to address the
recommendations of the Committee on Community Noods? Before I
close the ph., I think we do nood to give stat! and CCN a pretty good
Indication It W& want to make any major changes In What's oolng
proposed at this point. I would like to ask council at this poln~ I
found as I think most of you did, Mr. Burns's proposal extremely
Intorosting. I can understand CCN's reluctance, because of the amount
of money, although I think that they also found the proposal very
exciting, very appealing. I think I share CCN's enthusiasm for the
projects, but also their reluctance to allocate that much money at this
particular time. I would like to soo It ther& might 00 some way
possible that mayoo we could refer this to the city manager to work
With Mr. Burns In some manner to soo It there is something W& might
00 able to do In this area.
Kubby I Especially With the time frame oolng so short.
Larson/ We put together this huge task force to help us determine Where
b&St the city's priorities can 00 focusoo In order to deal With an overall
housing program. This certainly sooms like a great proposal. Before
W& commit that much city money, I Ullnk we ought to soe how it fits
Into Ule overall priorities about What we can do. C&rtalnlya lot of
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-10 pag& 14
housing prol(l(ts could com& oolor& us that d&alt WIth ten dUI&rent
aSJl(l(ts 01 a housing probl&m, and W& could say, th(lS(l ar& all good
things, OUr I*lIng as a council J think Is that W(l couldn't g&t a handl&
on what ar(lS W(l ~uld 00 most &tt(l(tiV& and wh&r& our prlorlti&s
n~ to 110, That was tho purJ>O'o 01 tho Housing Task Forc&. The
timing probl&m that Mr, Burns has, ho~fully will not m&an that th&
prol(l(t dl(lS, for OM 01 t~ r&asons On&, &Ither that It can go again
next year, or thatt~, It can get Involved with city funds as a r(lSult of
the housing task force r(l(ommendations to do It I don't want to
sound a death knell becau~ I don't n(l(essarlly think that It Is,
McDonald/ Would you ~ II what II anything-if there Is a rol& that we can
play In this. Got tn touch v.ith Bob,
Larson/ Do you want a proposal as to what W(l are going to
McD/ What they ar&looklng for-you hav& the r(l(ommendations In front of
you, Do a malorlty at this point have some strong feelings about
changing th~ r(l(ommendations,
Kubby/ Y(lS,1 reallnter(lSted In the SIlDC. Not In terms of taking money from
one proj(l(t and put It in another becau~ I feel very strongly about
the Broadway Str*t Neighborhood Center coming to completion. That
has OOen going on for a long time. It has OOen a ~nderful project
with a lot of community support from dltlerent directions. I ~uld
like to see it ttnlshed. So that they can focus on programming and
direct service. So I don't want to take mOMY from there. I want to
sugg(lSt taking 16,000. $5,000 lor the actual application and $ 1,000 for
administration from the contingency fund.
McD/ Just 10W(lrlng the contingency fund.
Kubby / And 10W(lrlng the contingency by $6,000.
Larson/ So that we ~uld be follOwing CCN's recommendation. The only two
plac(lS that they ditter Is on Broadway Street, we ~uld go with CCN
Instead of statt and take the 16.000 that statt recommended on SBOC
and add It to the CCN proposal. LOW(lr the contingency.
Horow/ I would go along With that, But I would also like to have us consider
the whole trail system In terms of its funding. Either through REAP,
recommendations to go to REAP or something so that this anchor park
Is not forgotten. It we are going to go along with the trail concept,
then we are gong to have to come up with the money to construct it.
Nov / I would like to know where that other $6.000 Is coming from.
Larson/ Parks and Rec, was going to ask In their budget that It be approved.
Courtney / We have a fund for acquiring parkland. I guess I would mind
seeing this go through with a recommendation OM way or the other to
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Parks and Roc. TMr& Is a stzablt tunk of monty th&r& I am not quite
sur& Why W& never &v&r spond It.
Larsonl That Is how I fool about that on&, Th& Benton Stroot pocket park
can bo sold on Its merits enUrely. I think It Is a good Idea.
CourtneYI We never pormanenUy spend It. It's always paid back.
McDI We never get a chance to spond It big Ume,
Horow II would go along With your Idea, Karen, along as W& can take care of
thiS Benton Street.
Kubby II marked throo things: the Villa Garden, th& Benton Street pocket
park and the SO Assistance as bomg. I wanted to see happen one way
or another.
Ambr II have a quesUon for Anne, the chair, plea~. Ann on the allocaUon
for the housing rehab., $260,000,15 the $260,000 figure arrived at
becau~ of requests you have that total $260,000 or did the commlttoo
lust pUll mo,ooo out What you think you are going to have total and
say that Is the figure that W& want, Do you have specifics jobs ahead
of Ume that total $260,000.
Anne RaWlandl The funds are requested from the Housing Rehab. people.
And It Is our understanding that they always have a huge walUng list.
They always use the money every year completely and they always
have people walUng for the next year. Always.
Ambr lit just Isn't a guessUmate,lt Is very precl~ and Will be used.
Larsonl What he Is saying Is Is there any difference from taking the $6,000
out ot conUngency or taking It out of there.
Kubby I Oh yea, you don't have houses rehabbed.
RaWland/1t (t Is In the housing rehab. then the houses Will get rehabbed.
The conUngency Is our safety not In ca~ W& over run. Fortunately, as
It was pointed out by Mr. Wachal, that thIs program Is administered
by staff that W& don't overrun very much. Marianne Is very good
about budgeUng...we very rarely u~ that money. And W& carry It
over year to year,
Larson I I'm a big booster of the Whole river trail Idea We haven't used the
river as much as a focus In this community as W& could. I think that
the pocket park Is an appropriate use for CDOO money. I don't thInk
that there Is any quesUon that It would do some things that are
central to that program. I think that there are other sources that are
available to do that. I'm not voUng no on that project. I am voUng no
on this source of funds for It.
Ambr II am In favor of the recommendation to pUll Ulat extra $6,000 for Ule
SOOC from the contingency
McDI Any other changes. Okay, Thank you, I now declare the p,h, closed,
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Agonda
Iowa CIIy CIIy Council
Rogular Council Mooting
Octobor 30, 1990
pago 10
ITEM NO,11 . PUBUC HEARING ON SPECIFICATIONS TO INSTALL NEW UNDER,
GROUND FUEL STORAGE TANKS (UST) AND REMOVE THE UST AT
THE IOWA CITY MUNICIPAL AIRPORT.
Commont: Tho AIrport Commission rocommonds soliciting bids to roplaco
tho undorground luol storago tanks at the Iowa CIIy Municipal AIrport. Tho
40 plus yoar old tanks havo boon tostod and aro nolloaklng at thIs tlmo but
do not moot tho proposod DNR and EPA standards. Tho curront systam
would bo koplln oporation until tho now systom was Junctional. Tho bid In.
cludos Installation 01 two (2) 10,000 gallon luol storago tanks and tho roo
moval 01 tho curront four (4) tank systom.
Action:
'1- rlll_ (tr!;~t",d~
ITEM NO. 12 .
CONSIDER A RESOLUTION APPROVING SPECIFICATIONS AND FORM
OF CONTRACT FOR INSTALLATION OF NEW UNDERGROUND FUEL
STORAGE TANKS (U.S.T,) AND DIRECTING CITY CLERK TO PUBLII~II
NOTICE TO BIDDERS,
," '10' DD~
Commont: Soo commont abovo.
Action: C!l'oh...I' / ~I ',I".
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ITEM NO, 13, CITY COUNCIL APPOINTMENTS,
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Consldor appolntmonts to the Sonlor Centor Commission to filllwo
vacanclos for II1roo.year torms ondlng Docombor 31, 1993. (Torms
of Bud Godo and Mary Goasland ond.)
At -ttf-rl- 1td j(.tI".
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Consldor appolnlmonts to tho Board of Examlnors oJ Plumbors:
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Ono vacancy ror a mastor plumbor lor a two.yoar torm
ondlng Docombor 31,1992. (Jamos Mullor's torm onds.)
Action:
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112 page I
McD/ Mov&<! by Courtney, second&<! by Kubby to adopt the resolution.
Discussion,
Kubby / A quick question. Did the Airport Commission decide on rt~rglass
of stool tanks. You were going to get bids from people on both.
John Ock~nr~ls/ (can't h&ar)
Larson/I am not really to ~ vote for this. I don't think ~ ne&<! to do It at
this time. I just think It Is SOmething that can wall
Horow/I am glad ~ arj) not voting on L.U.S.T. This Is U.S.T. and I am just
as happy that ~ are not voting on L.U.S.T. I would rather vote for
this than wal l
Larson/I just felt this way at the b&glnnlng.
McD/ Any other discussion-
Roll call
The r&solution Is adopted, Larson voting no.
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Agonda
Iowa CIIy City Council
Rogular Council Mooting
Octobor 30, 1990
Pago 11
(2) Ono vacancy lor a roprosonlatlvo or tho public lor a two-yoar
torm ondlng Docombor 31, 1992. (Mlko Drockman's torm
onds.)
Action:
A~I''''' it-iliA Ir , I/J 'X
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At ',I I, /Jef ))l,h ( _
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c.
Consldor an appolntmont to tho Rlvorfront Commission for a
roprosontatlvo 01 Tho Unlvorslty 01 Iowa lor a throo.yoar torm ondlng
Docombor 1, 1993. (A1lon Stroh's torm onds.) this appolntmont was
doforred Irom tho mooting 01 Octobor 16, 1990.
At't/IJf'" /lei;..,y.lrt../w
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Action:
ITEM NO. 14 . CITY COUNCIL INFORMATION,
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McD/Clty Council [nrormation
Courtney I For those or us that haven't driven up by the housing prolect on
First Ave, It IS gOing along. maybe even ahead 01 schedule There are
two loundations In already Our concerns about the progross are
proving unwarranted so lar We11 keep monitoring It I have to go by
there everyday.
secondlY, I have had a lot 01 comments about my roquest lor the
SChOOl zones Do ~ have any sort 01 time SChedule that ~ are
looking at lor recommendation,
Atklnsl Your comments cau~ us to get alot 01 comments, too, We have done
a couple 01 things, Jim has talked to a couple 01 the schools In
particular. We are getting some parents CallJng. We try to fllfl most QI
those Issues through the school salety commlt~ and wo have had
some discussion about that I wrooo letters to principals 01 both high
schools explaining to them our consOOrnation over speeding and other
Issues and that ~ would be happy to bring an olllcer out I assur&<!
them that our police are going to take a very serious look at being a
Whole heck 01 a lot tougher with particularly When school lets out
Both those principals are on notice. As lar as the sch&<!ule Is
concerned, Jim has been lI00ded with a Whole bunch 01 roquests about
this.
Horow/l would Uke to know Where wo are on the Issue 01 Ashland and
Rochester.
Atklns/lll recall, Susan, I think wo did the tralllc counts late last week, I
rememoor ~Ing our city truck there. What the results ~re but I
almost positive that they rtnlshed the count
Kubby I Mayoo by our next council meeting we can have some leedback.
Atklns/l really couldn't 0011 you Karon. We got about a hall a dozen that
came In and those are lalrly high prollle one with accidents. I don't
know how Jim Is sorting them out I'll check lor you and let you
know,
Horowl The only other Issue that I had Is last saturday was the Downtown
clean up day. There wore lewor people than What I had hop&<! lor
and certainly lewor people than the Parks and Rec. stall members-I
have ask&<! that wo recognize those people that did come and give
them at least a certillcaOO thanking them lor there Involvement. It Is
qulOO obvious that that Whole area Is going to ne&<! more atOOntion,
Some 01 the ~eds that I pick&<! up-Downtown Iowa City has got to
have the healthiest catnip weed I have mr observed In a downtown
area, It Is really faSCinating. 1M that Is not funny, All the bushes
and the shrubs down there really need alot 01 work and ~ don't have
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'14 page 2
sulllclent personnel to take care 01 that down there So between
voluntoors coming out and helping more and more or W9 are going to
have to Increase the city budget somehow Thank you
Ambr II would like to remind everybody 01 two very very Important daoos
that are gOing to occur In the noxt sevon days. On Oct 31, Wodnosday
night Is the olllclal Halloween trick or treat night So have your porch
lights on and be receptive and W9 WIll be coming around and I want
everybody to know that I'm partial to Snicker bars The other
slgnlllcant and Important date Is next Tuesday, Nov. 6, Election Day all
over the U,S, I really want to urge all qualllled electors everywhere to
take the time, It really Isn't that much 01 a ellort to exercise your
Iranchlse, I employ you to please go and vote and you can have your
choice of voting your rCistal out of voting your n&w rascal In. Pleaso
go out and vote. There Is an Important Issue you WIll have your
option 01 voting on. I strongly encourage everybody to vote lavorably
lor the E.911 which WIll bo the Issue on your ballot I think It Is going
to be very benellctal to all 01 us In Johnson County.
Horowl May 1 add something. This Is the lIrst year that W9 WIll be voting
lor the Extension Agency Council members. There will be 11 nam&S
on that ballot and we are to choose nine 01 them. This might sound a
IItUe bit like what on earth Is she saying, This group truly Is going to
be an elected body that will hm a budget and r&Sponslblllty 01 a
budget as well as polley Issues that will govern the Extension Agency.
I think It Is something that we don't normally look at but we should. I
urge people to take a look at the II nam&S that W9re In the Press
Citizen paper two nights ago. Get to know these people somehow....
Larsonl Only to update the public. 111 let Linda say what she Is going to lUe
tomorrow about the CIIII's.
Gentry I Thecontempt application has been lUed. It has not yet been served
and no hearing has been set However, 1 have good news, there Is a
crane on the site and the stone Is up to 15-20 feet, Doug Boothroy
sald.lrom a distance the stone goes up rather than 90 degree
perpendicular I t was hard to tell how high, There Is progress and
there Is a crew 01 at least lour people up there
Larson I I don't want to beat up on people, Whon we mention It we should
say what progress Is going lorward."
Gentry I We will go lorward,
Kubby I Old you ask the DNR about the envlronmentallnlraction?
Gentry I That question was something that was relorred to Doug and
somehow, alter Kay Heenlsey lell, I don't know what happed with
Doug Boothroy, I WIll have to lollow up on that
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'14 page 3
Kubby I Some catch up stuff Wh&n are wo gOing to be dealing With
subdivision regulations
Atklns/l have no Idea.
Kubby I When we originally talked about a schedule, we talked about having
all these to council by Jan, 1990. And h&re It Is Sept. and I don't know
Is P IZ has really even looked at the subdivision regulations,
Atklns/l would have to defer to their agenda and SOO WIlere they have a
schedule,
Kubby II would like to know the time table for that,
Courtney II suggest that probably WIlen we quit gelting so many
subdivisions In. They only have so many hours on their agenda also.
Kubby I At one point I had talked to Linda about how you get a moratorium
through or how do you slow that kind of thing down so that you have
time to work on It so all these things don't Slip through our process
before wo have time to get our regulations. Just knOWing the time
frame would help.
We talked about residential parking permits. One of the big Issues
was odd even parking and everybody hat&s It but there are some
advantages to It and WIlat can be put In the place of It to decrease
problems. One of the things I talked to S~ve about a a couple of
weeks ago was calendar parking that was not odd even parking, That
was Monday- Wednesday-Friday on one side of the street and
Thursday-Friday Saturday on the other side. I want an upda~ on
that.
Atklnsl Buffalo, N.Y.ls WIlo you told us to contact and we haven't received
the Information yet, We Wlllllnd out for you.
Kubby II want to talk about the pros and cons of that and one of the things
that was brought up was WIlat do wo put on the sign. I don't want
that to hold us up on an Idea that might work well for Iowa City, We
can llgure out WIlat t/,l put on the approprlaoo sized sign.
The last thing was that I had Inquired about COllege Green Park and
closing the park at 10:30 because In reality people are using the park
much laoor than 10:30, Really all night long, And not so much as park
activity. Although some people came to play basketball at midnight.
In oorms of just walking through the park. Technically the park Is
closed and it Is Ulegalto walk through on the sidewalk, I had asked or
Linda had looked at and I guess I am not quioo satislled With the
answer, (think the park used to be very unsafe and that Is one of tho
reasons for not having the park open laoor than 10:30, I think that
the safety Issues have been partially resolved and that wh&ther or not
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'14 page 4
the park /s o~n or no~ people are going to walk through that park,
Whether It Is 10:30 or 10:35, I just don't want to make Who are using
their regular rou~, having them oolng lIIegal,
Courtney I Has this boon a problem that they have boon charged.
Gonlty I No.
Courtney I What made you bring tllls up?
KUbby I Just When I go to tllat park at midnight to walk my dog and ( know
tllat I.m oolng lIIegal, I don't fool very good about It.
McD/ls tllere a sign tllere now.
KubbYI Parks are closed at 10:30 except one park Is open until 11:00 on
certain times of the year. The tlllng tllat brought tllls up are all tlle
signs tllat appeared saying tllls park Is closed at 10:30 and montl1s ago
tllat is What 11I1s up to me and I tlllnk Terry Trueblood got a lot of
calls about It.
Larson/l tlllnk we should make sure tllat Karen gets prosecuted based upon
her admission,
Kubby II don't want to commit civil disobedience...
McD/1 don't know if we can koop a park open af~r 10:30 just because of
one Individual.
Kubby I There have boon lots of calls.
Larsonl What was legal's ans~r to tlle question about clOSing tlle parks at
dtrrerent time or not clOSing It.
Gentry I Under tlle ordinance you can change tlle hours by ordinance. But I
also referred to tlle past history of kooplng tlle 10:30 hour as boon a
safe guard against previous sexual and otller assaults In tlle area.
WhIch has boon hopefUlly allevlaOO by tlle lighting. I also encouraged
tlle eXlsOOnce of tlle sign just to alert people if tllat Is tlle rule tllen tlle
sign ought to 00 tllere. I don't tlllnk tllere Is any really serious
problem Witll enforcement.
KUbby I Legally if you walk tllrough tllat park, you are oolng Illegal.
Ambr I Also, do you have your dog on a leash.
KUbby I Yes I do most of tlle time.
Larsonl What Is tlle reason for closing tlle parks at 10:30,
Gentry I Most of tlle parks In tlle city are closed at 10:30
Larsonl Why Is tllat.
Gentry I You would have to ask Terry Trueblood,
Courtney I More an loom for Parks and Roc. tllan It Is for city attorney,
Gentry I This Is a policy question. It Is not a legal question,
KUbbyl
Ambr I Are you looking to o~n all tlle parks after 10:30 or just tllat one,
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Kubby I I'm talking about this on& OOcau~ or th& trarrtc and th& criss cross
sidewalks. POOPI& naturally u~ It as a short cut I'm trying to g&t th&
law be consistent With actually happ&ns unl&ss thm Is som& r&ason
not to do that
Larsonl R&rmoo to Parks and R&C rath&r than hm us d&al With It
Kubby 1111 tako It th&re, don't worry about It anybody.
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Agonda
Iowa CIIy CIIy Council
Rogular Council Mooting
Octobor 30, 1990
Pago 12
ITEM NO, 15. REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY,
a. CIIy Managor.
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b. CIIy Attorney.
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ITEM NO. 16 .
'11 qo'~oL
CONSIDER A RESOLUTION AUTHORIZING THE HISTORIC PRESERVA.
TlON COMMISSION TO FILE AN APPUCAnON FOR AN IOWA COMMU.
NITY CULTURAL GRANT FOR THE PURPOSE OF UPDATING AND
REPRINTING
Commont: Tho Stato 01 Iowa has ostabllshod a Grant program 10 assist
local communltlos with tho dovolopmont 01 cultural and historical resourcos.
Tho Historic Prosorvatlon Commission has proparod a grant application for
tho purposo 01 assisting In tho roprlntlng of ~.
If tho Grant Is lundod thO Commission will bo roqulred to provldo matching
funds and sorvlcos. Tho CommissIon proposas to match tho grant with
voluntoor sorvlcos and funds from donations from Individuals and buslnoss.
os,
Tho nrst printing 01 a Guido 10 ~Islorlc Iowa City was lundod by a granl from
Stato Buroau 01 Historic Prosorvatlon.CortlRod Local Govornmont Program
and tho Iowa Clly/CoraMllo Convontlon and Visitor's Buroau. Approxlmatoly
4,500 coplos 01 tho guldo havo boon dlstrlbutod ovor tho past 16 months.
If this grant application Is succossrul tho Commission will bo ablo to
continuo distributing tho guldo to local cltlzons and tourists.
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McDI City Attorney.
Gentry I I just have one thing. I know there ~re smral questions
rogardlng the Board of Adjuslment matter that Is coming up on appeal
of the 20nlng code Interpretation panel d&dslon that I sta on, I hm
contactod John Hyak's law firm and John Hyak hlm~lf and he has
agrood to act as the attorney for the Board of Adjustment during that
appeal procoodlng. SO that It wUl remove an appearance of conlllct of
Interest. He will 00 sending me a letter hopefully In confirmation of
that and I will forward that to you wl1en I receive It
Larsonl That will allow you to act as city counsel as council has questions
about the wl10le proc&SS and allow him to act as the Board of
Adjustment employer.
Gentry I Also, I suppos& since I sat on the ZIP panel can act as the attorney
for the ZIP panel. Which I don't.
Larsonl Or as a wltn&SS.
Gentry II will more than likely and so will Dana 00 a witness,
McD/1 think this Is a
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Tap& 90.92 Side 2
McD/1 think this Is a good decision to get outside counsel on this particular
Instance. Especially because as a memoor of the ZIP panel that you
partielpal.ed as a memb&r an ~re part of that decision making
proc&SS that the ZIP panel went through. I am pleased that ~ are
going to take this action.
Gentry I John was very happy to help us out
McDI Very good.
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'16 page I
McDt Moved by Larson, seconded by Horow. to adopt the resoluUon.
Discussion.
Kubby I How much are we applying Cor? Wo never got any InCormaUon on
costs.
1$1,700.
McDt Any other dIscussion.
Roll call-
The resoluUon Is adoplOO.
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Agonda
Iowa CIIy CIIy Council
Rogular Council Mooting
Octobor 30, 1990
Pogo 13
ITEM NO. 17.
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND
THE CITY CLERK TO ArnST A SUBORDINATION AGREEMENT
BETWEEN THE CITY OF IOWA CITY, IOWA AND THE UNIVERSITY OF
IOWA COMMUNITY CREDIT UNION.
~[-
Commonl: Tho CIIy's Housing Rohabllltatlon Program was conlactod by tho
Unlvorslly 01 Iowa Communlly Crodlt Union roquostlng thaI tho CIIy approvo
a subordination agroomont for tho ownor oJ l003-3rd Avonuo. this ownor
rocolved ~2,500 In t968 In tho form 01 a fivo yoar no.lntorost loan through
tho CIIy's Woathorlzatlon Program. Tho curront balanco oJ tho lion Is
$776.45. Currontly tho CIIy's lion Is In a socond position. Tho Unlvorslly of
Iowa Communlly Crqdlt Union has slatod that Its $15,000 loon must bo In
second position, with tho CIIy's loon going to third position. Balance or tho
first Il1011gsgo ~ $."6,000.00. Tho ;;so;sed value 01 $64,780 provides
adoquato protoctlon for tho CIIy to subordlnato to a third position.
Action: jlrf It' / JrjIMII'
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ITEM NO. 18 '
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND
THE CITY CLERK TO ArnST A, SUBORDINATION AGREEMENT
BETWEEN THE CITY OF IOWA CITY AND THE FIRST NATIONAL BANK,
'-tqQ .~C't>
Commont: Tho CIIy's HousIng RohabllUatlon Program was contactod by tho
First National Bank roquastlng that tho CIIy approvo a subordination
agroomont lor tho ownors 01 120 North Govornor Stroot. In May 01 1gee the
ownors rocelved $15,000 In tho lorm 01 a ton-yoar doproclatlng lion through
tho CUy's Rontal Rehabilitation Program. Aftor Novombor 5, 1990, tho
balanco owod on tho lion will bo $12,000. Tho First National Bank will
rofinanco tho ownor', contract and noods to havo tho first mortgage position
on tho proporty In tho amount 01 $55,000. this subordination agroomont will
establish tho Clly's lion In the socond position which was also tho CIIy's
formor poslllon. Tho proporty was rocontly appralsod at Se2,000.
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McD/Moved by Ambr" seconded by Horow, to adopt the resolution,
Discussion.
KUbby I What Is tho timo framo for tho addition to tho civic con~r and thll
remodeling Of the civic cenoor.
Ambr./ Nov. 15 or this yoar to soloct tho consultants
Dec. 21, 1990 25~ d&Slgn review north court addition,
Bids are due May II, 1991.
Construction boglns May 22, 1991.
Kubby/l'm lust thinking ~ will be spending ovor $3MOO ovor two yoars.
I tho north court Is finished before that loaso is up thon ~ havo to
stay With that loa~.
Atklns/l can't (Qfijpi'eheiid it being (Inlshed. I think ~ are talking at least
the sch&dulo Bill laid out. And I'm goIng to be recommending on
deforral on loom -22 anyway. So ~ aro going to lose a couplo of
wooks on the schedule thero.
Courtnoy I Tho rundlng ror thIs doos not como out or property taxes, right.
Atkins/lt could. U ~ do tho cerUllcates or parUclpation.
Courtney II'm talking about loom -20.
Atklnsl No.
Helllngl That Is rranchlSt roo revenue.
Kubby lIs says that ronts Will Incroa~ April I according to the consumer
prlco Indox Increasos. When Will be tho start or tho loaso.
Helllngl The start or the leaSt Is Nov. 16.
Kubby I So then six months laoor ~ might get a rent Increase.
Helllngl GIven the CPI ~ Will get a rent Increase on It.
Kubby I Thank you.
McDI Any other discussIon?
Roll call.
Resolution Is adopted.
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Agonda
Iowa CIIy City Council
Rogular Council Mooting
Octobor 30, 1990
Page 14
ITEM NO. 19. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING
MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE
II :)(' ':'D7 BASEBALL FIELD UGHTlNG PROJECT, MERCER PARK FIELD 12.
Commont: Two bids woro rocolved for this project. The 10woSl and bOSI
bid, In the amount 01 $36,200 was submlttod,by Morlt Eloctrlc, Ltd. 01 Iowa
CIIy. thIs amount Is $1 ,200 (3.4%) ovor tho ostimatod cost 01 $35,000. this
proloct roprosonts a portion 01 tho ovorall ronovatlon/expanslon 01 Morcor
Park Flold #2, utlllzod by Babe Ruth Baseball and tho Iowa CIIy Adull
Softball Loagues. Conslructlon Is schodulod to bogln Immodlatoly and bo
complotod by Docombor 21, 1990.
Action:
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ITEM NO, 20 .
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CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND
THE CITY CLERK TO ATTEST THE LEASE AGREEMENT BETWEEN THE
CITY OF IOWA CITY AND JACQUEUNE J. LANIK FOR THE OFFICE
SUITE AT 621 SOUTH DUBUQUE STREET, IOWA CITY, IOWA,
L~D'cl.O~
ITEM NO, 21 '
Comment: Tho Broadband Telocommunlcatlons oporatlon has expandod
over tho past yoar with tho addlUon 01 two lull.tlme staff In FY91 and tho
authorization for acquisition 01 additional production and post.productlon
oqulpmont as woll as upgrading and expanding tho Interacl/vo InformaUon
systom. Ills nocossary to provido adoquato spaco lor tho Ilall as woll as
Intorns and Work Study porsonnol to work. In addlllon, tho now oqulpmont
cannot bo purchasod until adoquato spaco Is avallablo. thIs loase will
provido approxlmatoly l,eeO squoro 1001 oJ spaco lor this purposo.
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CONSIDER A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF REAL
PROPERTY,
;11')0",)01)
Commont: thIs proporty consists 01 00 acros and Is localod oast 01 Scoll
Boulovard and south 01 tho Iowa Intorstato Railroad and Is adjaconllo tho
oxlsUng BDllndustrlal Park.
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McD/Moved by Ambr" seconded by Courtney to adopt the resolution.
Discussion.
Kubby / I have some real mixed feelings about this, On the one hand I find
this very exciting because the city has IndustrIal park and the city can
control what kind of businesses come In. We can go out and look for
certain kinds of recycling businesses. That Is exclllng for me. But
With the whole thing possibly being over $1 million and the staff time.
I keep thinking about this memo from Steve of all the things that we
need to be doing In the next ten years as well as all the things we are
currently committing stalf time and money to. I'm not sure about this
yet. I feel like I need more time to think. I guess I am going to vote
no because I can't abstain or I can't have a I'm not sure yet vote. I'm
not sure how I feel about this yet. I'm going to vote not to kind of be
conservative.
McD/ I'm not so sure, maybe In your mind.
Courtney / That might be the wrong label to put on that, SOmebody else
tonight claimed to be moderate too.
Larson/ This is lust authorizing the city manager to enter Into negotiations.
We still have to vote on It. Things can change from month to month
on whether the purchase price Is agreeable. I Withhold tinal approval
of any purchase.
Nov.! I am agreeing With Karen. I am not sure that I would go forward on
this.
McD/ Any other discussion.
Roll call.
Resolution Is adopted, Kubby voting no.
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Agonda
Iowa CIIy City Council
Rogular Council Mooting
Octobor 30, 1990
pago 15
ITEM NO, 22 . CONSIDER A RESOLUTION AWARDING PROFESSIONAL DESIGN
SERVICES CONTRACTS FOR THE NORTH COURT ADDITION TO THE
CIVIC CENTER,
Commont: this rosolutlon awards contracts for contract documonls
production managomont, mochanlcaVonglnoorlng sONlcos, structural
onglnoorlng, and Interior doslgn sorvlcos for foos totaling up to $75,000.
Total pr%ct constr.uctlon costs aro osymatod to bo $1,250,000.
Cf"l"ff> ,('(f",'(.. I~
Action: ,{"..~./A,,,;. ilt/b) .1,,,,,1,) '/?
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ITEM NO. 23 .
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CONSIDER A RESOLUTION AUTHORIZING EXECUTION OF A STORM
SEWER EASEMENT AGREEMENT BETWEEN MILLER, PAGLlAI'S PIZZA
PALACE, L TO" OAKS CONSmUCTlON COMPANY, HODGE CONSTRUC.
TlON COMPANY, AND THE CITY TO PROVIDE FOR CONVEYANCE OF
STORM WATER FROM IDYLLWILD SUBDIVISION TO THE IOWA RIVER.
:IljO'riID
Commont: this storm sowor easomontls locatod on proporty ownod by
Richard Mlllor and Is nocossary In ordor to Install storm sowor 'rom Tall
Spoodway to tho Iowa rlvor to lacllllato drain ago thorool.
Action: e'm(- / J}"lj
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ITEM NO, 24 ' CONSIDER A RESOLUTION AUTHORIZING THE COMMENCEMENT OF
EMINENT DOMAIN PROCEEDINGS FOR THE CONDEMNATION OF
TEMPORARY AND PERMANENT STORM SEWER EASEMENTS IN THE
AREA OF IDYLLWILD SUBDIVISION TO THE IOWA RIVER, AND
APPOINTING A SPECIALASSISTANTTOTHE CITY ATTORNEY FORTHE
PURPOSE OF PROSECUTING SUCH PROCEEDINGS,
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Commont: this Subdivision was approvod Juno 26, 1990, sub/oct to tho
Dovolopora oblalnlng a storm sowor oasomontlrom Idyllwlld to Iho Iowa
Rlvor. Aftor two months' offort, tho Dovolopors fallod to obtain tho oasomont
by nogotlatlon. Public Works and tho City Englnoor rocommond approval,
slnco tho outlot Is noodod for propor dralnago. this 110m was doforrod Irom
tho Council mooting 01 Octobor Ie, 1990. Staff again rocommonds doforral.
Action: ff(,,1 / Jb,f
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ITEM NO. 25 .
l}t.J~lt
ADJOURNMENT-.A ./;u .(IJdfl"
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-23 page I
McD/ Moved by Courtney, seconded by Ambr to adopt the resolution
Discussion,
Nov./ Is this all tied up All the paper work,l's dotWd ete
Atkins/Is that a yes?
Gontry/ y~. y~, Rick'
F~/ (can't hear)
Larsonl That was my question, Rick. If you can come to the microphone I
need to hear, If It was In the packet I missed It. Whether this does
everything with regard to drainage that you think needs to be done
for this dmlopment
F~/ Yes. With the preliminary plans and they look.
Larson/ BocauSl} we certainly heard quite a bit of talk early on about there
not being any other feasible routes, Now we found one,
F~/Yes.
Larson I It satislles our concerns about drainage and everything else.
F~/ Uh.huh,
Gentry / There was a final version handed out The only-
Larson/I am not so concerned with that as the document Itself as I am
hearing Rick tell me Ulat this gets It done.
Gentry I There were just two changes from What I could see from my draft
Nov I Were theso minor changes?
Gentry lOne was a typo In the legal description and the other one was an
Insertion of the word "safe" In paragraph four. Which Is perfecUy
reasonable.
Larson/ The only other thing I wanted to say Is that I think this council gave
direction to everyone Involved to solve this problem In a way that
wasn't as difficult and emotional as What we were previously headed
for. I want to congratulate all parties for getting that done at no
Insignificant cost apparenUy to the parties, at least one of the parUes.
McDI Any other discussion.
Horow/ljustappreclaoo the neighbors attention to all this. And their
dedication to trying to make Iowa City come to the best solution
possible. And the developers and the contractor for going the extra
mile.
Dean Oakes/l want to urge you to do something about stormwater
management. It Is no more fair for us to have to deal with water that
doesn't come from our property than It Is for a developer to generate
water and dump It on to somebody else's property. I think this Is an
Instance Where we were treated very badly. We waited and waited
for the city to help solve this problem. We were told this was
developable ground and It was zoned that way, It has been down
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zoned two or three times We have to abide by that That Is wI1althe
city oolls us thalthls ground Is lor For the development 01 housing
WMn we come In and try to do this lor the city to holp tho lax payers
We've had a lot ollrustration. TM stormwawr management
ordinance d~n't work. It may work on large tracts or larger tracts,
This was a reverse type 01 thing, It lust Isn't working, 1/ you've got
ground In the city that you don't want dmloped, Why get It rezoned
Don't sit up there and say everything that Is zoned Is developable and
then let a developer come In and 0011 him ~II, sorry, It d~n't look
like this should be developed,
Horow / It Is not a matter 01 rezoning. I tis a matter 01 tho city purchasing It
so that It can't be developed.
Oakes/( can't he3r)
Courtney I Not always, Dean, SOmetimes they are zoned RS.5 and they still
don't want Is to be develOped. And you can't get It less restrictive-any
more restrictive than RS'5.
Oakesl ) had some ground zoned RS.5 down to Ag.ln the city limits.
Horowl We don't even have an Ag. zone anymore do~.
Oak~1 Wasn't more than a lew years ago.
Horowl
Gentryl Must have boon In '63 or'64, Intorlm.
Oakes/One lamlly per acre.
Larsonl Your point Is ~II laken With me. That II a developer comes In and
abides by our ordinances, that It be 1100<1 plain, stormwaoor
management etc., that was the dllllculty that some 01 us had. That
was particularly the reason that) voted In lavor 01 the developmenl
1/ you lollowour rules then ~ can't then turn around and say that
our rules should be dll/erent and ~ are going to say no.
Oakes/) think legally II ~ ad gone to court on this the city would have lost
It very dellnlooly says and spells out lor you what you have to do. )
think the council acted Irresponsibly In not supporting the city's
position and the city's ordinances But It looks like ~ have a solution
now and the solution (can't hear)
McDI Thanks, Dean. Old ~ vooo on this.
Gentry I No. Not yet
McDI Roll call.
Resolution Is adopted.
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City of Iowa City
MEMORANDUM
OA T E: October Z6, 1990
TO: CIty Council
FROM: CIty Manager
R E : Informal Agendas and Meeting Schedule
October Z9, 1990
5:30 . 8:30 P.M.
6:30 P,M.
6:50 P.M.
7:15 P.M.
7:45 P.M.
8:00 P.M,
B: 10 P.M.
Monday
B:15 P.M.
Council Chambers
. Review zoning matters
. Summit Street Tr.fflc Study
. Recommendations for 1991 CDBG Program Funding
- Discussion of General Obligation Bond I'SUi
. Council agenda, Council time, Council committee reports
. Consider appOintments to the Board of Examiners of
Plumbers, Senior Center Commission, and Riverfront
Commission
. Executive Session (Pending and Imminent litigation)
October 3D, 1990
6:45 P ,M,
7:30 P ,M,
Tuesday
. Executive Session (Pending and Imminent litigation, land
aCQuls ltion. . CI ty Manager's Conference Room
. Regular Council Meeting' Council Chambers
November 1Z, 1990
VETERANS' DAY, CITY OFFICES CLOSED
Monday
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No Informal Council Meeting
November 13, 1990
6:30 P,M. . Informal Council Meeting' Council Chambers
7:30 P,M, . Regular Council Meeting' Council Chambers
Tuesday
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PENDING LIST
Stormwater Management Ravlew
Sales/Solicitation on City Plaza
Appointments to the Human Rights Commission, Board of Adjustment, and
Parks and Recreation Commission. November 13, 1990
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Sub teet COMMENTS
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