HomeMy WebLinkAbout1990-11-13 Agenda
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IOWA CITY CITY COUNCIL
AGENDA
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REGULAR COUNCIL MEETING OF NOVEMBER 13,1990
7:30 P,M.
COUNCIL CHAMBERS, CIVIC CENTER
410 EAST WASHINGTON
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AGENDA ~
IOWA CITY CITY COUNCIL )I,bu~
REGULAR COUNCIL MEETING. NOVEMBER 13,1990 #~
7:30 P,M,
COUNCIL CHAMBERS
ITEM NO, 1. CALL TO ORDER,
ROLL CALL
ITEM NO, 2. PROCLAMATIONS,
e. Young Reader's Day. November 14, 1990.
ITEM NO, 3. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED
OR AMENDED.
(2) Consider e motion approving e Class 'E' Uquor Ucense lor
Rendall'slnternatlonal, Inc. dba Randall Foods, 1851 Lower
Muscatlne Road. (renewal)
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Agenda
Iowa City City Council
Regular Council Meotlng
November 13, 1990
Page 2
(3) Consider a motion approving an Outdoor Sorvlco Aroa lor
Resolution Trust Corporation dba Holiday Inn.lowa City, 210
South Dubuque Street. (now)
(4) Consider a motion approving a Class 'B' Beer Pormlllor Pan
Style Plua Corp. 01 Iowa dba Rocky Rococo, 118 South
Dubuque Street. (renewal)
(5) Consider a motion approving a Class '0- Uquor Ucense lor
The Warren Company dba M.T. Cohen, 279 Old Capitol
Center. (new)
(6) Consider a motion approving a Uquor Ucenso refund lor
1.1011I, LTD. dba M.T. Cohen, 279 Old Capitol Center.
(7) Consider a motion approving a Class 'C' Uquor Ucense for
Ino., Umltod dba The Sanctu8/Y Restaurant, 405 South
( ) Gilbert. (renewal)
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Resolutions.
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(1) Consider a resolution accepting the work for the Southeast
Interceptor Sower Project.
Comment: this resolution accepts all work lor the Southeast
Interceptor Sewer Project. The final contract price Is
$8,923,443.52. Of this amount, approximately $3,000,000.00
Is expected to be reimbursed by the Environmental Prolec-
tlon Agency. Soo aUachod Englneer'a Report.
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e, Correspondence.
(1) Leiter Irom the Johnson County Board 01 Supervisors
approving the appointment 01 Anne Spencer to the Board of
Ubraty Trustees as a representative 01 the County. this
appointment was made althe October 16, 1990, moetlng 01
the City Council.
(2) Leltor from Unda Honeghan requostlng appointment to tho
Affordable Housing Task Force.
(3) Loiter from Mrs. Homor (Bea) Hansen requostlng extension
of bus servlco to tho area 01 Scolt Boulevard and American
Legion Road.
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City of low. c~1YGd'
MEMORANDUM
DATIl Novombor 9. 1990
TOl Clty Councll and tho gonoral publ1c
'10M, City Clork
RI' Addltlon to tho Conlont Calondar or Novolllbor 13, 1990 mootlng
3. c. (8)
Conl1dor a IIlOtlon approvlng a CIa.. "c" Llquor Llconlo
ror T & D Inc. or Iowa Chy dba Chubblol. S South
Dubuquo Stroot, (now)
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Agenda
Iowa City City Council
Regular Council Meeting
November 13, 1990
Pogo 3
(4) Leiter from Jelfrey and Audrey Knox In opposlUon to the
construction 01 another parking ramp downtown.
(5) Letterlrom MlIIY S. Stono In support olaleal burning ban.
(6) Letter !rom Anna Gay In opposition to a leal burning ban.
(7) Leiter Irom Daniel and Janet Greenwald In support 01 a leal
burning ban.
(8) Leiter Irom Stephanie Ellinger on behall 01 the West High
School 5tudenl Senato expressing Interest In teenage
representaUve(sllo the City Councfl.
I. AppllcaUons for City Plaza User Pormlts.
(1) Application Irom tho Big Mountain Support Group to sel up
a table on City Plaza during the period Irom Octobor 3 t to
November 7, 1990, to distribute IIlerature, display artwork,
and offer oralia lor donations, (approvod)
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END OF CONSENT ~ALENDAR ~ ft;
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CONSENTCALENDAR page I
McDonald/ Movod by Ambrlsco, seconded by HoroWitz to accept as amended
Horow/ I have one piece of discussion and that Is on d Resolution 'I,
accepting the work for the SouthEast Interceptor SQwer Project. As I
understand It, once we approve this, the money Is held for thirty days
until any liens that are called on this are paid, Is that correct?
Atklns/ That's What I understand, Susan. Chuck can give you details If you
like
Horow/ Mr. Schmadake, would you kind of flll me In on the scenario on this,
because this contractor had a numoor of subcontractors, Is that
correct?
Schmadake/ That's correct, Y&S, After we accept the work, we hold the
retalnees for thirty days and If any liens come In during that period,
we hold tWice the amount of the lien until the lien has boon resolved.
Horow/ Do we have any liens on ftle?
Schmadake/ Yes we do.
Horow/ So this starts the time period, they have thirty days,lf there IS
anyone else, then they must submit a lien for them.
Gentry / Yes.
Horow/ Thank you very much.
Chuck, did we anticipate the throo million dollars from the EPA?
Schmadake/ Yes we applied for that
Ambr !That's all Included In our rate structure?
Schmadake/ Yes.
McDonald/ Thank you, Chuck.
Roll call.
Motion carries 7.0.
Kubby / Does Utls mean, Mr. Mayor, do we nood to act on requesting the
appointment to Ute Affordable Housing Task Force, or Is Utat just a
letter from and we'll act on Ute oUter on appointment or non.
appointment at another time?
McDonald/ That Is lust accepting Ute letter from Utat Individual.
Atklns/ I Utink you can expect a couple of more. We got a couple of calls
about some folks. So you may get a couple more shortly.
McDonald/ As I understand It, there might be a COUpl9 of vacancies In the
near future.
Atkins/ We've got a couple of Task Force members Utat have only showed at
the one mooting. I haVen't checked to see Why. I think If they don't
show for the Utlrd or fourth time you may want to consider.
McDonald/ We may have Ute opportunity to put some oUter people on,
Atklns/ Just rememoor Its siZe. The room fills up.
McDonald/ The Consent Calendar Is adopted as amended.
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Agenda
Iowa City City Council
Regular Council Meeting
November 13. 1990
Page 4
ITEM NO, 4. PLANNING AND ZONING MATTERS,
a. Public hearing on an ordinance amending the Zoning Ordinance by
condlUonal1y changing the use regulations 01 approxlmatety 188 acres of
land genorally located north 01 Melroso Avenue and west 01 property owned
by Iho University 01 Iowa 110m ID.RS to OPDH.l, a preliminary planned
dovelopment housing plan for Walnut Rldgo. (z.8916 & S.a943)
Comment: Atilt February 15, 1990 meotlng, by a voto of 6-1, (Heberl
voting no), the Planning and Zoning Commission recommended approval
of this rezoning request 10 enable development 01 a 104.101 slngle.lamlly
rosldonUallubdMslon. this recommendaUon was subject to eidenslon 01
tho municipal sanitary sewer from the Hawkeye 11ft alation 10 IhO prolectslio.
The Commission also recommended, by a vote 016-1 (SCOll voting no), that
Ihe City advance tho cost 01 this lewer eidenslon, with said costs 10 bo
allocated on a per acre basis with the affectod parties paying their share as
development occurs. this hearing has been continued from the October 30,
1990, meeting, pending resoluUon 01 tho sanitary sewer eidenslon Issue.
Comments regarding this 11em were received by the Council allha October
2, October 16, and October 30, 1990, publlo hearings.
Action: ;'U l~A.)
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McDonald I I now de<lare the p.h open. Dtscusston
Jim Sl Johnl Good evening. I'm now back again, won't you know I
appr&<la~ you continuing the hearing becau~ I think that It allows
me continued Input to this council regarding this mat~r Which I feel
Is, mn though It may ~ $550,000, It may ~ the tip of the Ice~rg In
the future WIth other developers coming to you, aSking for funds,
similar to this request from Mace Braverman and Southga~
~velopment Company, I learned When I was a student In geography,
that Iowa has the best farm land In the world. Tama alluvial soils,
that Is soils deposited by wa~r, have a 100 rating. With that rating
and th~ soils to compare, Tama alluvial soils are compared to all the
other soils In the world, That gives you an Idea of the top quality soils
are here, right underneath our feel There Isn't a stretch of land tn
this sta~ that doos not have soil ratings that fall ~Iow 65. MeXIco
doesn't have soil ratings that fall atoove 65 So In many respects we've
lost Sight of the forest from the troes, When we continue to grow
outward and further and ~yond our borders and put Wal.Marts and
K-Marts and every.lettor.jn.the-alpha~t-Mart on the soils of Iowa.
If this were an occurrence that wer& only common to Iowa City
and the peripheral area, that might ~ satisfactory WIth some and
perhaps mn this council. But Indeed it's not. It's a City, sta~, fedoral
land use polley problem. I think this council has the opportunity In
this measure to act on What I think Is a comprehensive, proper land
u~ policy, staying WIthin the confines of the city plan, Which I ~Ileve
this subdivision falls outside the parame~rs of, Not only becau~ of
the type of dmlopment, though ~ It a upscale high dollar income
developmenl I think It ~hooves this council to allow the market
forces to bare the burden, not the ~wer rate u~r, If this subdivision
is to occur, let It occur through the natural forces of the markel That
means to say not to subsidize this upfront cost for Southga~
dmlopment by appropriating them $550,000. The ~n&lIt of risk In
a capitalistic sys~m Is profil And you take away that risk and you
have this profil Theoretically the developer could sit on these lots
WIthout the Incentive to r&<oup the Invested capital, Which this
elMnslon would~. So I urge this council to not appropriate the
monies n&<ossary for this subdivision sewer olMnslon, I think that It
is a very regressive way to handle growth In this community by
assessing the apl dwellers Which have It Included In their fixed rents,
the sewer ra~s Businesses and also the average modera~ medium
Income level households of this community To ask them to pay for
these large scale houses and the!r ~wers Is unconscionable
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Additionally, I realIZe that we may reap the beneflt 01 tax revenues
Irom this subdivision but I don't think Ulat the quality olllle in Iowa
City Is solely based on the tax base. Jthlnk that In this Instance
allOWing the natural market lorces to bare. I'ye opposed this
subdivision In the zoning arena and I oppose It now. Not because I
can't admit deleat but because Ileelthat It Is Important that you not
rub salt Into open wounds In this community by using regressive tax
and spend measures and allOWing lor this subdivision to take a IIle on
lor Itsel/ and not subsidize this type 01 subdivision through a
regressive tax and spend method. Thank you yery much.
McDI Anyone else-
As I understand It tho agreements have been signed so this ph. can
/lnally 00 closed.
Gentry I That's correcl
McD/1 now declare this ph. closed.
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Agonda
Iowa City City Council
Regular Council MeeUng
November 13, 1990
Page 5
b. Publlo hearing on an ordinance amending the Zoning Ordlnanco by
condlUonal1y changing the use regulaUons or approximately 43.8 acres
located In tho southeasl quadrant 01 the InteraectJon 01 Melrose Avenue and
Highway 218 !rom ID-RS to RS.5. (Z.9014)
Comment: At lis meeUng 01 October 4, 1990, the PlannIng and Zoning
CommIssion recommended, by a vole 4.().1, (Clark abstaIning), approval or
a request submllted by Dave Cahill lor a zone change lor approxfmately
43.8 acres localed In the southeast quadrant 01 the 'nlersectJon or Melrose
Avonue and H1ghwoy 218 !rom Il).RS 10 RS.S lubjeci 10 the following
condlUons: 1) dedlcaUon 01 8 acres or sullable open space withIn the
proposed tract known as tho Cole Farm conslsUng 01125 acres more or
loss, and 2) the undorstandlng that this Is an out-of.sequence development
as Ills currently denned In the Comprehonslvo Plan.
this recommendation Is generally conslstont with the stan recommendaUon
In a report dated September 20, 1990; however, staff recommended thaI a
minImum 012.75 acres oltha dedlcaled open space bo centrally located
land which has topographlo characterlsUcs thai will allow tho development
ola neighborhOOd playground. Because parkland may be dedicated to Ihe
CIty as a result 01 thIs development, tho Parks and RecreaUon CommissIon
recommendod thaI three or mora acres or parkland be provided In a central
locaUon and that the area to be dedicated meet the crllerla lor a neighbor.
hood park as specllled In the 1985 NeighborhOOd Open Space Plan. thIs
hearing has been contlnuod Irom tho October 30, 1990, moetlng. Amenda.
tory languago to more apeclllcally address the 10caUon and condlUons for
tho opon space dedlcallon are contained In an allernatlve conditional zoning
agreoment.
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Action:
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Agenda
Iowa City City Council
Regular Council Meeting
November 13, 1990
Page 6
c.
Consider an ordlnanco amending tho Zoning Ordinance by conditionally
changing the use regulations 01 approximately 1.5 acres located at 315
Prentiss Streellrom RM-44 and CC.2 to CI.l. (2.9012) (Second consider.
atlon)
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Comment: At Its moetlng 01 Septembor 6, 1990, the Planning and Zoning
Commission recommended, by a vote of 4.1, (Cook voting no), approval of
a requestsubmllled by City Electrlo Supply lor a zone change lor approid.
mately 1.5 acres located at315 Prentiss Street Irom RM-44 and CC.2to CI.
1, subject to the following conditions: 1) no direct access being allowed on
Gilbert Street; 2) the curb cut on Gilbert Street being closed at the owner's
oxpense prior to the Issuanco 01 a Certlflcate 01 Occupancy: and 3) nO
outdoor display, atorago, and/or salo 01 merchandise bolng visible from
Gllbort Stroel this recommendation Is consistent with the staff recommen.
dation. No comments regarding this Item were rocelved by Ihe Council at
the October 18, 1990, public hearing.
Action: ~/ ~,ttJ III J ~J e, "db #
Ut<<~/ Ihlt& M/1 It
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Agenda
Iowa City City Council
Regular Council Meeting
November 13. 1990
Pago 7
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Consider an ordlnanco amending the Zoning Ordinance by conditionally
changing the use regulations 01 a 95,61 acre tract 01 land located soulh of
Highway 6 and west 01 Bon Alro Mobllo Homes rrom ID.RS to RS'8. (2.
9013) (Second conslderallon)
Comment: At Ita October 4, 1990, moetlng, the Planning and Zoning
Commission recommended approval 01 tho requested rezoning subject to
the rollowfng conditions: 1) the understanding that this Is out-ol.sequence
developmont as It Is presently defined In the Comprehensive Plan, 2) the
density being IImlled to live (5) dwelling unlls per acre, 3a) the appllcallon
by tho applicant lot II 404 permit /rOm tho Corps of Eng'neora, and lis
Issuance II appllcablo, 3b) the verlflcallon by the Corps or Engineers ollhe
dellnoatlon 01 the wellands, 30) the approval and slgnoff by the Corps of
Englnoers and other state and rederal agencies, as required, prior 10
spproval 01 final conSlructJon plans, 4) Ihe lowest floor level 01 any structure
constructed shall not be lower than the top of the slreet curb, measured al
the highest polnl 01 the lot's stroetlrontago, and 5) Iha dedlcallon 01 a
doslgnated wullands and the Installation or a looped pathway. this
recommendallon Is generally conslslent wfth that 01 staff.
At Ita October 17, 1990, meeting, tho Parks and Recreation Commission
voted unanimous concurrence wfth tho Planning and Zoning Commission
concerning the dedication to the City 01 the prairie weiland area wfth a
recreational palhway Installed around It. The Commission volcod a concern
that sufficient vehicular access be provided to Ihe weiland area lor
maintenance and emergency vehicles.
The applicant, C.B. Development, Ltd., has roquested expedlled acllon on
this rezoning roquost. No comments on this Item were rocolvod by the
Council at tho October 16,1990, public hearing. ...~ ~aJ
Action: ~J~/ 1J1I~ hJ A A1~ "doll ~ 16
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McDI
Ambr lis Ulere sentiment to COllapse
Kubby 1/ have a problem WlUl Ulat /l Ulere are a lot ot unanswered
questions, I don't want to deal WlUl Ul~ prelim. plat tonight
Ambr II have no problem collapsing It
Horow/l would ask WhoUler your questions can 00 addressed Ulrough 'e.
rat1l&r Ulan 'd,
KUbby I Mayoo, But If Uley can't 00 answered / would proter Ulon having
Ule option ot mayoo doterrlng Ule prelim. plat /lIt passes and / want
to deter, /1/ move to deter and you can vote It do'Nll.
Nov./ /l Ule prelim. plat questions are not answered, yours and mine, we can
vote to deter Ulat part even If Ule zoning Is In place,
McDI This Is a rezoning on Ulls.
Moved by Courtney. seconded by Ambr ~ waive s."COnd consideration
and give tlnal approval to Ule ordinance at Ulls time. Discussion.
Roll call. (yeses)
Moved by Courtney, seconded by Ambr. to adopt Ule ordinance at Ulls
time. DISCUssion.
Roll call
The ordinance Is adopted.
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Agenda
Iowa City City Council
Regular Council Meotlng
November 13. '990
Page 8
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Consider a resolution approving Ihe preliminary plat of Whispering Meadows
Subdivision, Paris 1 and 2, 01 Johnson County, Iowa. (S'9018)
Commont: On October 18, 1990, by a vote of 6-0, tho Planning and Zoning
Commission recommended preliminary plat approval 01 the Whispering
Moadows Subdivision, Paris 1 and 2, subject to: 1) the developer obtaining
verification by the U.S. Army Corps 01 Engineers 01 the boundaries of tho
Corps-deslgnated wetlands and obtaining any and all pormlts Irom those
lederal and state agencies having jurisdiction over wotlands, prior to the
approval 01 construction plans, 2) the dedication 01 the wetlands and the
surrounding area as shown on the preliminary plat and labeled 'Proposed
Pieino Wotliilidi Piirk,' coniiiting 0117.76 acros moro or loss, and tho
Installation 01 the looped pathway as shown on the preliminary pial, 3) the
developer agreeing that no loss than IlO% ollho dwelling units constructed
on lots within the subdivision shall be offered lor salo, lor alleasl 90 days
at a price al or below the then-current FHA loan limit lor the City 01 Iowa
City, Iowa. Further, lor this agreement, the Commission recommends that
regardless 01 the City's policy with respect to out-ol.sequence developmenl,
the City agrees to reimburse the developer lor Ihoso development costs
which would normally be reimbursed If tho development were not out 01
sequence. The Commission lurther recommends that the developer's
agreement, concerning the offering price lor dwelling units within the
subdivision, be Incorporaled Into tile standard Subdlvldor's Agreement to
ensure the devoloper's compliance with the agreemenl, and 4) thaI the
developer provldo a ten.loot wide pedostrlan easemenl at tho lar easl
property lines 01 Lots 107, 108, 109, 110, and 111; such easemont to be
Included on the preliminary plat.
In a report dated October 4, 1990, staff recommended approval 01 the
preliminary plat. But In contrast to the Commission's recommendation, staff
considered the proposod subdivision to be out-ol.sequence development.
this and other differences In the positions taken by staff and the Commls.
slon are outlined In a November 8, 1990, memorandum enclosed In the
Council packet. this lIem should only be considered If tho Council has
approved the rezoning requeslldentlfied In tho previous Item.
Action: ~~ar; Ant
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McDI Moved by Courtney, 5e(onded by Ambr to adopt the resoluUon
DISCussIon
KUbby I J hm a l&w QU&5UonsDon and Chuck
Do W$ hav& a compr&h&nslV&land US& policy s~llIcally lor land
around th& S H. I nt&rc&ptor?
S<hm&lser IY&S W& do.
KUbby lIs that part 01 our oth&r comp plan
S<hm/lt Is part olth& pr&s&nt plan. Th& proptlrty Is zontld /D.RS, TM R
standing lor residential and the S lor single lamlly. Th&luture land
use lor this ar&a would 00 lor stngle lamlly development at such time
by the plan that It Is appropriate to dmlop,
Kubby I Thm are other lands along the SI Int&rceptor, This Is comIng
lrom th<lderal peopl& saying you have to have a comprehenSlv&
land US& plan lor the SI Int&rceptor because we have helped you
monotarlly lor thls.W$ want to protect those easements, So Is It lust
lor this project that W$ hm a plan or Is It all along the S B
Int&rceptor.
S<hmelser lIt Is all along the SE. trunk sewer Within th& city Ilmlts.
Kubby I That's been approvtld by th& staib?
S<hml That Is correct
Kubbyl Naomi. Why don't you go ahead,
Nov./ I would like to amend the resolution to tight&n the language on the
low moderat&lncome housing. The way It Is currenUy wrltt&n, W$ are
gOing to 00 obligated Without an assurance that those houses Will be
sold to an Individual Who Will occupy that house. It they are sold at
this FHA regulation, It does not say that somebody Who buys it must
apply lor a FHA mortgage, must live In the house and th&re Is a good
pot&ntial here lor rental income and lor housing turnovers at a higher
price. I think In order lor me to approve this concept, I would need to
have some assurance and I would consider adequat& assurance
changing the wording to houses that sell at FHA levels or below rather
than houses that are oller&<! at that level. And add In owner
occupancy.
ChuCk Mullenl We can engage In a IltUe ad hoc dralting. You have the
resolution In lrontot you. About 12 lines down the phrase, "",shall be
ollered lor sale,lor at least 90 days".:" It you strike the words
"otter&<! lor sale,lor at least 90 days" and Insert the word "soW That
addresses on 01 your concerns, At the end ot that sent&nce, It you
would Insert a comma and then Insert the tolloWlng phrase:to ptlrsons
Who at the time 01 purchase cerUly that they Int&nd to occupy said
dwelling as their principle place 01 residence: I don't oolleve Ulat tile
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14& page 2
developer can go much beyond that because I don't believe we can
control wIlat happens to that house after we sell It We can collect at
the time 01 purchase a certittcation lrom them as a condition to
accepting an oller to buy It that they intend to occupy It as their
personal residence Once they take It, if they have lied to us or if they
change their inten~ either immediately or sometime In the luture, I
don't believe that W% have a mechanism to control that
Horow/ There Is no time period WIthin a state law that can even get to this
I have WItnessed something similar to this In another state and It was
violent The apt. complexes that I lived In were at one scale and there
was another set right adjacent to It was lor more moderato opts and
they were Instantly purchased and Instantly turned around and sold
at higher prices.
Mullen/I'm at a loss to COme up With any mechanism to enforce,
Larson/ That Is a little bit dllferent situation there wIlere the value of those
units was artillclal, sold at a value less than true value These houses
are going to be bullt at this value and there shouldn't be the
opportunity to just turn around and resale them lor more money,
They are going to be sold for wIlat they are worth to begin with.
Horow/ I think that can be easlly taken care of. You change the coloring on
the wall and change the curtains. You can upscale a house very easlly
to be Inllated.
Larson/I think the Intent here Is to sell them lor wIlat they are worth.
Horow/ This Is an either-all, as I understand It EIUler sale 50~ or no deal.
Since we are going to thls-wIllch I think Is a very carefully crafted
agreement that has been worked out, with an Intention, The spirit 01
this Is Is that those houses and our payment lor the Inlrastructure Is
lor allordable housing.
Larson/ But they are going to be sold lor wIlat they are worth. This Isn't a
situation where they are ollerlng to sale a house lor $50,000 that Is
worth $70,000. TMy are going to bulld a $65,000 house and that Is
what they are gOing to sale them at. Not gOing to sale them lor less
than they are worth.
Nov./ Also if the FHA housing level goes up, these houses will go up We are
not committing ourselves on numbers
Larson/ Not like a situation In New York where someone can get a rent
controlled apt., then rent It for wIlat It Is really worth wIllch Is way
more than the rent Is controlled at These houses are going to be sold
at their lair market value
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Mullen! We expect to make a profit selUng these houses or WfJ wouldn't be
building them So thero IS proltt In this hopolully or we made a big
mistake
Larson! More my concerns WIth It are the concerns that Don brought up In
his memo that I lust don't want to d~elve anyone Into thinking that
thIs IS SOmething that we are dOIng a lot ror very low Income These
are $75,000-$70,000 houses I presume
Mullen! Moderate Income houses.
Nov./ They Will probably be zero lot line, won't they?
Mullenl 50/50 mix of Single family delacMd and zero lot lines. One point I
would like to make IS the out of sequence costs that get tossed around
at P f/. and by me and by you. Those costs aren't costs that we would
incur to do this development TIle costs that the city agrees to
reimburse normally for If you don't have an out or sequence
development Is the overslzlng of streets and the overslzlng or sanitary
seWfJrs and watermalns, the extra depth for seWfJrs that Is required
not to serve this subdivisIon but to serve adjOining subdivisions as
those services are carried In to adjOining proporUes. That Is the
reason the city ordinarily picks up those costs. They don't dlr~Uy
relate and benefit this subdivision, It Isn't like the city and has been
referred to subsidizing this subdivisIon, The city IS just agreeing to
pay those costs that It would ordinarily pay except for the arbitrary
deslgnauon of this parUcular ground as being ready for development
In the year 2000 to 2010.
Larsonl Don Will probably quibble With you on the use of the word
arbitrary.
Mullenl Lets face It folks, If there Is anybody sitUng at this table that says
that they have read every page of that compo plan and understood
tha~ I'd like to visit With those folks. These lines are drawn. Maybe
Don believes that they are chiseled In stone, I don't, I don't believe
that they should be. I don't think you can plan What deVelopment Is
going to go In a parUcular area of town 10 years from now. There are
other forces at work In the market place that will dictate that
Kubby 1 But we're not paying for the lines going to the proporty.
Mullenl No, you are not paying for our lines. We are paring for those, But
you are forcing us on the development process to oversize those lines.
To serve the next person down the road.
KUbby 1 That's Where It IS different than In other Instances that we've heard
talked about tonIght
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Larson/It doosn't make any ~n~ to bUild Ute so~r line to your property
Hne jf It has to be bIgger to ~rve Ute property beyond Utal
MUllen/ No, because Utat next person has to have a line big enough to get
Into so Utat his sewage can flow to Ute Interceptor to get to Ute plant
It Is gOOd planning for Ute city to Insist on Utal
Novl As I understand Utat.ltls common practice ror tM city to pay ror Ute
excess
Mullen/ Except In Ute situations Where you have classtrled It as out or
50quence development Which Is WhatUtls IS This Is how Utls has
beon classtrled even Utough all Ute city ~rvlces are essentially to Utls
site. You have Ute S.E. Interceptor on Ute site. You have a pUblic
street already to It. pUblic water lines. Utere are all or Utose Utlngs
Utat would lead you to believe UtatUtls Site was ready for
i1mlopli1ent are here Yet It has been classtrled as an out of sequence
development
Horow/ Who is monitoring WheUter or not50l of Ute d~lllng units are
sold.
MUllen/ Dana and I have discussed Utal We are going to have to bring Into
eXIstence a raUter elaborate agreement to saUsfy Dana and Linda Utat
~ Will be able to Utrough our monitoring process, Utrough
cerUClcaUons Utat we Will have to colle(t at Ute pt of sale, You always
have Ute county re(ords to deal WiUt It you de(lde you don't believe
What ~ are telling you. There are ways you can audit our statements
and reports. EssenUally It Is going to be up to us to saUsfy Ute city
attorneys o(flce and Ute city councllUtat ~ have compiled WiUtUte
agrooment The price of us not complying WiUt Ute agrooment Which
Is presenUy cast and understood by Ute city's legal dept. is Utat to Ute
exoont Utat you haVe paid any of Utese overslzlng costs Utat you Will
re(OVer Utem from us.
Horow/ls Utere a Ume period Utat you two have talked about
Mullen! When we get Utrough or When we have satisCled Ute requirement
At some point In Ume even Utough we have not sold all Ute lots in Ute
subdivision and all Ute dwellings have maybe not boon constructed.
We suspect Utat we Will be able to demonstrate Utat we have saUstled
Ute requirement by Ute homes Utat have already boon built and sold.
KUbbylls Utls agroementonly for parts one and two?
Mullen/It is my understanding Utat Ute agreement Will be for Ute enUre
development
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NOVI That would have to 00 decided. again, later As I understand It,thls
prelim. plat does not cover the next developmenl So the next prelim
plat can have thIS agreement but It doesn.t necessarily require this
Mullenl The city Isn't bound
Larsonl You have agreed to that In prinCiple to all four parts.
Mullenl Yes, ~ haVe.
Kubby I To make sure that 50~ of the lots In parts one and two are sold at
those prices To make sure that Is understood
Mullenl Understand that my client Is a real estate developer and we are in
negotiations With a speclrtc bullder Who Will 00 building the homes.
This condition and covenant has been discUS500 With that builder.
And as you force the agreement on us It Is going to be up to us to
ensure that the people Who are ultimatoly building the homes here
satisfy this requirement for us, We are exposed to the clty
Nov./ The butlder Uten IS responsible to you. You are the seller of Utat home,
Mullenl The bUilder Will be the seller of Ute home, He Will be responsible to
satisfy to us Utat he has complied WlUt Ute requirements and ~ can,
In turn, satisfy you that ~ have complied WlUt Ute requlremenl If
we can't satisfy you, we are at financial risk.
NOV.I The builder Is under conlIact to you to bUild Ute homes and sell It for
you,
Mullenl We are negotiating that conlIacl That contract hasn't been Signed.
Nov./ If It were signed, would I be Inoorpreting It correcUy.
Mullenl Yes.
Kubby II have another language question Which Is actually kind of WlUt Ute
zoning change, Condition -4 about Ute grade level and at What level
the houses Will be buill There has been a language change since Ute
very beginning. I wantoo to know What Utat meant because Ute old
language was.
Mullenl The elevation of the slab In relation to Ute curb elevation.
KUbby lOne of Utem Is Ute finished grade before conslIuction and the oUter
language was curb level. What Is the dtrrerence and Why was Utere a.
Mullen/l don't have Ute foggiest noUon.
Kubbyl Does anybody know? It may be Ute same Uting but It Is dtrrerent
words so I figured Utere was some intenl
Larry Schnltt/er I The wording was changed to Ute curb Iml because it
gives you a depUt Utat an elevation point (can't hear) Utat you can fix
on. A grade at a point here on Ute lot and Ute point here With
dlrterent elevation. It Is a matter of What someone Inoorprets Utat to
be. The way It is dertned now gives you a Specirtc point In Which you
can measure Ute elevaUon and say Utls Is it folks
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Kubby / So It IS easier for the builder to do what the Int.&nt
Schnlttler/ It Is an easy way to define What the Iml of the elevation should
00,
Gentry / It makes sure that there are no basements
Schnlttler / It gives somebody else a chance to check It If you are out there
on a grade situation and somebody can say the grade was here.
Somebody else can say that I thought that It was over here The curb
level doosn't move,
Kubby / Since It Is a condition It Is like With the 50~ condition, If we don't
Inspect It to make sure that It Is done, not to say that there Is any
Intent to do other than what was agreed to, but If we are going to have
a condition It needs to 00 monitored. Does that mean that we are
gOing to have our Inspectors go out there and Inspect
Schnlttjer / (can't hear)
KUbby / So they are gOing to 00 out there anyway they can just add this to
their list
Schnlttjer / (can't hear)
Kubby / Want to make sure that that Is on their list of things to look at
Horow./ I hm a question While he Is still up here. What Is With this
remnant property. What can 00 done With that piece.
Schnlt~er / My perception from the beginning of time was that It was going
to be a little neighborhood area for green space. Don has some
problems With that but I don't have partiCUlar prOblem With that. I
like the Idea. It provides an open space for that little neighborhood of
20-22 dwelling units. It helps to develop that whole neighborhood.
Larson/ Where Is It In relation to the buildings.
Kubby / Across the street
Schnlttjer / It Is like an oversized cuI de sac. The mIddle of the street.
Horow./ Village Green has a lot of them,
McD/ (thought there was a proposal to allevlat.& some of this concern as far
as who was gOing to maintain that. ChUck, you had mentioned
something about that.
Chuck Mullen/ ( have discussed With the developer and With Larry. My
solution to It Is faIrly simple Is that's to creat.& a mini homeowners
assoc, With lot owners that would Immediately abut that cuI de sac.
Those Who would view that cuI de sac as they looked out their front
door, Reserve that area Within that cui de sac for the use and ooneflt
of those particular property owners Actually convey It to an assoc.
conSisting of those selected lot owner': So It Is only those lot owners
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that Immedlaooly surround that cui de sac that would be Involved In
that mini neighborhood Give them the opportunity to do With that
area and that open space what they choose It Will be, we ought to
final grade It and sood It Beyond that It Is up to the owners In the
small homeowners assoc to decide whether or not they want to
landscape It
Larsonl Would that need to be an amendment to the resolution then
Mullenl We don't Object to having that. That's what we Inoont to do With It
If you want to place that as a condition we certainly have no problem
With It
Larsonl That 800ms to have resolved most of the questions that you raised
Don. Agreeable? And how would we implement that?
Schmeiser 11'm certainly not opposed to the open space partial being
proVide. My only concern was who maintains It Who pays the taxes
on It How It Is perpetually retained as open space.
Larsonl TIle homeowner's assoc. would answer those questions, Does this
need to be an amendment to this resolution. Can It be done on tho
Unal plat
Schmeiser I Needs to be approved subject to that stipulation that thero be
some kind of a legal means to make sure that that homeowner's assoc.
oxlsts for perpetuity.
Larsonl What do we need to do tonight
Nov./ Tell me what you do about the taxes.
Schmeiser I Would be paid for by the homeowner's assoc.
Nov./ The homeowner's assoc. would elect a reprosontative who would
receive a tax bill who would turn around and collect it form
everybody.
Schml Howover they Wish to set It up, yes.
Kubby I There Is a very large cui de sac on Blacksprlng Circle. lsa that a
homeowner's assoc.?
Schml That Is maintained by the city,
KUbby I What Is the relationship of the size of UI&Se two,
Schml Blacksprlng circle is a lot larger than this. This Is about the size,
22,000 sq. ft, about a half an acre. Blacksprlng Circle property Is an
acre or two.
Kubby I Terry Klrchenman (sp?) from DNR had suggesOOd a conservation
plan to kind of look at exacUy how are we going to deal With the
questions of storm waoor and how are we going to make sure that
stormwaoor Is properly taken care of so the wetlands are protecOOd
and how to protect the wetlands from pUblic use but stlll allow pUblic
use. I haven't seen any of that so I am assuming that we didn't do it
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Some kind of third party conservation plan or In house conservation
plan, I lust wonder WIly ~ chose not to do that Those questions
~m&<! real Important Even In terms I haven't any report from the
DNR Wildlife biologist WIlo could hand I&<! this matters.
Schm/ J am not sure I know the ans~r to your questions They have
advls&<! us to do plan of the area to determine WIlat the
Impacts Will 00 of this development Unless ~ take It upon ourselves
to do that I am not sure that It Will 00 done I guess ~ Will own It by
reason of the fact that It Will 00 dedicated to us and ~ can do a lot to
take care of and perp&tually maintain it I guess I myself am very
much concern&<! about the Impact of a particular run ocr Into the
areas. I am not sure how that Is ooing dealt With,
Kubby / I don/t know how to make a decision that this Is an okay thing to do
IJnl9SS I know Wllat th~ affects of this developmont are on the
~tiands. I know that there Is gOing to be some Impact and I think
that there are some things that can 00 done to control those Impacts.
But I haven't ~n any speclClc Information so I feel real
uncomfortable making a decision WIlen I haven't ~n any evidence of
WIlat the Impacts are and WIlat the plan Is, I don't know WIlat
to base my decision on.
Nov,/ This was at least part of my question, B<<ause there Will 00
stormwater run oCC Into the ~Uands from the ponds, streets, ele,
There Will be 011 and salt and WIlatever else rolls oCC the street from
the storm water and there Will be no way we Will ever preserve this
weUand In Its current condiUon If that I can/t see how that wouldn/t
aCCect It
Schm/ I thInk you ask a fairly legitimate question.
Horow/We have recelv&<! Information. We have recelv&<! reprints on how
certain types of marsh plants can 00 put In there that Will essentially
eat up this sort of fUnoCC. We have actually seen no plan set In
motion. Larry and I have talk&<! about one but I have not.
AlJ(lns/ I want to back up. This Is a first time In this weUand. It Is
something new for us, I can share With you some Intrepldation as
well as some excitement because It is something very new and very
dlCCerent for us, It Is my understanding and Don's points are well
taken, Is that we Will reach a poln~ we collective-the city and the
develop&r-that certain p&rmlts Will have to be appll&<! for. Thatls
their responslbtUty. We Will gather Information from that We Will
take that Information as well as all the other aspects associated With
the general affect and the planning on this weUand Take Ulat
Information and tilen we as tile ultimate OWMr wUl have to put
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together some sort of a conservation plan With res~t With how ~
are going to manage that ~tiand In the future We don't know the
an5~rs to those questions yet and ~ really won't until construcUon
draWings and englngerlng and a ~rmlt application, all of that
Information Is gathered. Then ~ can put something together and
come back and say here Is how ~ In~nd to manage this ~Uand,
Remember It Is regulated and ~ are going to have to manage It In the
fashion the satisfles Whatmr all these regUlations that Larry.
Kubby / The permits have nothing to do With ~ondary affects. The permits
that ~ have said you have to have before flnal approval Is given are
primary affects.
Atkins/ Primary affects, But remember that that application proc&SS and the
Issues that are going to be IdenUfled. Larry should be able to IdenUfy
for us the volume of wa~r that Is gOing to pass through It based on.
those Kinds Of things. Those questions Will then give rise to What !Iora
etc. Wha~ver has to be planted In there to preserve and protect the
~Uand to the best of our ability and satisfy the urban runoff, the
grease, the 011 or Wha~ver. I don't pre~nd to be an expert What I
have read about It Is that there are means by Which
TAPE CHANGE TO REEL 90.94, Side 2
Atkins/ All of the Issues associated With urban runoff can be addressed and
preserve that ~Uand. Larry I assume knows far more than I , That's
Where we are going With this thing.
Schnlttjer / I don't have all the ans~rs yet, S~ve. We have made
applications for various porUons of the permit proc&SS. We are
working on various aspects of the plan to develop Where wt think we
need to be as far as the design of the subdivision. Very shorUy we
Will be working With the various experts on the envlronmontal
concerns to develop those other aspects that they think are
approprla~ for this particular subdivision. I don't have all the
answtrs right now.
Kubby / Will that be before you bring the final plat to us,
Schnltljer / That Is mandated by the rest of the reqUirements.
Kubby / The permits are not the runoff question.
Atkins/I don't think we Will have a plan In place. I can almost assure you
that by the time you get all of Larry's Information and other Director
of P & R, how he chooses to manage the thing I don't think all of that
Will be In place, Karen, I don't want to mislead you on that. I am not
sure What the answers are
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Schnlttler / We don't know what all the answers are at this point either Or
what the various e~rts from DNR are gOing to r&commend We Will
have to analyze all of th&se things to see If we agroo With them.
Kubby / Just s%ms like this Is something that hap~ns all over the country
We do this on the back end oflhlngs.
Schnltqer / It IS not the back end of things, You are lOOking to s%
everything up front and you can't have everything up front
Kubby / I don't understand why we can't have everything up front oofore we
make a d&Clslon that this Is going to go.
Schnlttjer / It Is the proc&Ss that this thing has to go through, The process Is
that we have to get some concurrence to go along With our concept.
We are not asking you to approve our final plan at this point In time,
Atklns/ The preference would probably 00 If we could go throughout town
and Identify all of our weUands and draw IIn&S around them and
begin to develOp conservation and preservation plans in advance as
you are sugg&sting, Now that also mak&S the assumption that you
would approve or consider development that would fully satisfy the
plan that we might have In place when In fact that can't 00
guaran~. Thm Is no reason why you couldn't go around town and
Identify them. You could go around town and identify them, condemn
them and take ownership of them If you wantOO to, I am assuming
we can condemn that land for a pUblic purpose. calling It a park or an
o~n space. It would 00 easier on the front end but I am not so sure
that we have the resourc&s to do that.
Kubby/I want to make sure that I'm clear. There Is no condition on here
that says that you have to have plan for urban runoff oofore we Will
approve this to the final stage. Is that true Don. There Is no condition.
And so we can go ahead and approve the final plat while the ~rmlts
are gotten and all those other conditions. But If wo have no plan we
can go ahead and approve this. What If our plan costs S3 million and
we can't afford to do that That Is lust a hypothetical. I think that we
Will get a plan and It won't cost a whole bunch and it Will work. But I
don't know that
Schnittler / If that plan costs $3 million, I'm out of a job.
Horow/lt's 0 chicken ond an egg situation, At this point I can only take one
IItUe pl&Ce at a time, unfortunately, and I am only concerned that the
plans for construction itself would Include protecting almost a circle
around the weUands so that none of the construction would Impact on
It That I just have to trust Larry
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Schnlltler I That particular comment 15 mandated on on Ule prelim plat right
now.
t10v lis It safe to assume Ulat you have to go Ulrough Ule ONR WiUl your
plans to handl& Ule weUands, to get approval from anoUler agency.
Schnlttj&r I W& have submitted Ule plan to Ule ONR. W& got on& comment
back (can't h&r&)
Nov I Th& on& 1&~r Ulat W& soo her& says Ul& Impact of urban runoff has not
~n address&<! and should be. W& haven't seen anyUllng ooyond
Ulat
KUbby I ONR Is not gOing to 00 lOOking at Ulat as far as I understand
Atkins I ONR Is gOing to 00 In similar situation Ulat you are right now. They
are going to r&act to each d&velopment and Impact Ulat comes along.
It would probably be best for Ule state Ulat all wetlands be IdenUft&<!,
pur(haSVd and $OCUr&<!. ot cours& Ule Slate Is not gOing to pop for all
Ul& &xp&nses to do Ulos& kinds of Ullngs, I Ullnk Ulat W& haV& laid out
th& b&st sc&narlo that we can &llpeCt at this Um&. I do agroo With you,
What It Is going to cost to manage Ulat w&Uand I really don't know.
I'm antlclpaUng that Is Is not going to be a major public ellpOnS&
OOcause we don't want to alter It all that much.
Kubby lit was my understanding that Ute only Utlng we ar& going to the ONR
for was the 40 I p&rmll
Schnlttl&r I At this point In Ume, yes. I Will 00 working With Ute local ONR
poople to determine What &nvlronmenlal considerations they want to
00 address&<!.
Kubby I Is Utat Ute Wildlife biologist It was my Und&rstandlng that W&
would no longer n&&d the 401 p&rmit.
SchniUjer I I don't hav& a current answer on Utat.
Kubby I That Is ooing look&<! at again.
Dana had sugg&st&d at one point having some cons&rvaUon &asem&nts
so that Mlghbors Who lived adjacent to the w&Uands couldn't fill or
disturb private prop&rU&s Utat may 00 clos& to the w&Uands WiUtout
getUng p&rmlts or having to go to court ftrst Is Uter& a reason Why
Utat Idea was dropped This Is tor Dana and he Is not here. Don,
Linda,
Gentry I Chuck Mullen, did Dana discuss Utat WiUt you? Don?pAtklnsl Just so I can understand Ute quesUon again. The area behind Ute
prop&rUes, ootW&en Ute prop&rU&s and Ute w&Uands Where It OOglns
and ends and Where to protect Utat
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Kubby I That neighbors couldn.t 1111 or dlslurb the area unless they went to
court IIrslto make sure thalll was done prop&rly and nor damage the
wetiand on their own prop&rly
Atklns/l would think thalth& very IIrslthlng we hm gOing IS thal you ar&
backing up on public prop&rty and the moment we discover something
we would 00 on them right away
KUbby III somebody had private prop&rty on a weUand would they have to
go and g&t a 404 p&rmlt In order to 1111 or a 40 lto drain
Gentry I For mllng or draining, yes, Private or public, yes
Novt They would not necessarily know that they would have to do that.
J~ Yeggy/ I have a concern about the use of herbicides and p&sticldes In the
area as a local land owners around here have a tendency to 00
fanatical about their lawns. The Wlp& out oonellclal plants, The
drainage Into this area of any herbicides or pestiCides would Wlp& out
any plans you havij fof plalits being put in there.
Kubby lIt would 00 something we might want to add to our conservation
plan scenario.
McDI Anything else?
KUbby I Do you want to talk about streets now or wait until the other agenda
Item.
McD/ Might as well walt until we get to the other Item.
Kubby II think Utat Is all.
McD/ We have one amendment to Ute resolution, Do we have two
am&ndments, The 5&(ond having to do WlUt-Don said What Mr. Mullen
and the d&velop&rs suggestion as far as that piece of land-
Larson/ The homeowner's assoc., Utat's Ute 5&(ond amendment?
McD/ The IIrst on Is What Mr. Mullen proposed as far changing Ute language.
Courtney/I have a question on that one. Just from a purely economic
standpoint When you are talking about having these prop&rties
actually have to sold oofore Utese FHA loan limits. I can envision
possibly, In strange economic times we have, Utat bUilding materials
and or Interest costs and all sorts of things that go Into a builder
building a house getting out of Whack WlUt Ute FHA loan limits. Which
may not because of greater bureaucracy Utan ours 00 changed at the
right time. Doos Utat Uten just leave Ute land set Utere dormant and
we don't accomplish anything.
Mullen/ There Is a price we could pay to rals& the price of Ute homes and
Utat Is to pay Ute city for any reimbursements of ov&rslzlng costs you
have given to us
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Courtn&y I W& ar& saying With this om&ndm&nt that th&y have to be sold at
a parlJcular price
Mullen/But the price for not dOing It is that we don't get relmbur~ for
those overslzlng costs Or If Wi! have already been relmbur~ for
them, Wi! have to pay you back With Interest.
Courtney /1 am lust a IItUe bit concerned I don't mind having the original
language offered for sale for 90 days because It allows you to have
some escalation clause In there If you have got a house Sitting built
and not sold and the Interest costs start to pile up on It. Which
hap~ns upon occasion. Or the loan limits get out of whack, I am not
sure that If Wi! are locked Into selling them at a particular price that
Wi! are not gOing to deteat what Wi! are trying to do here,
Nov./ They are not locked In. If they choose to they can sell them at a
higher price, They just don't get reimbursed for the overslzlng.
Mullen/I appreciate your concern. Our feeling was that the language wasn't
that much different. We had committed to having them on the market
for 90 days at a price below that established price. It Is very unlikely
we could raise the price after 90 days If we hadn't sold them Within
90 days. The tact lhat we Incur addlUonallnterest costs and carrying
costs doesn't really mean Wi! can raise lhe price.
Courtney/Maybe I am not understanding. Is lhe develo~r and lhe builder
one In lhe same here.
Mullen/ No but we Will be controlling the builder. We have to In order to
live Wllhln lhls requirement. We lhlnk Wi! Will have one builder lhat
Will build all of lhe homes and we will by contract Wllh him... We have
a builder who we are negotiating W1lh,
Courtney /Ijust wasn't quite sure how your economics Wi!re working.
Mullen/ We aren't ellher yet. We are about to find out.
McD/ Moved by Nov, 5e(onde<l by Larson to amend lhe resolution to Include
lhe two amendments lhat were proposed,
Discussion-
Allin favor-
Motion carries.
Roll call
The resolution Is adopted as amended,
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Agenda
Iowa City City Council
Regular Council Meotlng
November 13, 1990
Page 9
I. Consider a recommendation 01 the Planning and Zoning Commission to limit
parking on Whispering Prairie Avonue and Nevada Avenue.
Comment: On Octobor 18, 1990, tho Planning and Zoning Commission
recommondod In an auxllllllY motion to the Whispering Meadows SubdM.
slon, Par1s 1 and 2, prollmlnary plat approval, that parking be restricted to
one side on Whlsporlng Pralrfe Avenuo when that atroet Is constructod
wlthln Whlsperfng Meadows SubdMslon, and on Nevada Avenue when
Whlsporlng Meadows Drlvo Is constructed and Inlersected wlth Nevada
Avenue.
Due to tho narrow wldth 01 Whispering Prairie Drive which Is expected to
carry larger volumes 01 traffic than a local stroel, slaff has recommended
that either double.wlde drives bo required on Whispering Prairie Avenue
between Lakesldo Drive and Whlsperfng Meadow Drive, or the alignment 01
Whispering Prairie Avenue bo reconfigured to provide leu direct access
between lakeside Drlvo and Whispering Meadow Drive.
II Council supports the Commission's recommendallon 10 limit parking, the
staff would recommend thai the matter bo referred 10 the City Traffic
Englnoer lor further review after tho streel has been constructed and opened
10 traffic. II Council concurs wlth staff, either a noto could be added to tho
preliminary pial regarding tho double.wlde drives or Whispering Prairie Drive
could bo reconfigured on the plat.
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McD/Moved by Courtney, s&conded by Horow to approve the
r&commendation or P fl Discussion
KUbby II guoss I don't understand If we know that Prairie Dr is gOing to
runcUon as a minor coll&Ctor street and possibly more as more or the
subdivision Is bum or land to the south IS built Why Isn'llt designed
at this time, the 36 root Width, USing the same argument With the
sewers, Why not do It now and It Will save everybody money later and
the parking hassles
Schmeiser I The reason Is Is that thero Is a coll&Ctor street Immediately to the
west 01 this street as proposed, That is the Neveda Street
Larson I It Is too close to have another coll&Ctor street
Schm/ It wouldn't 00 good design to have a coll&Ctor street next to another
coll&Ctor street
Kubby I Even though runCtionally people are gOing to
Schml FuncUonally the way It has been destgned, they Will use It as a
coll&Ctor street because It Is a straight conn&cUon rrom lakeside Dr to
this development It probably should have been designed to 00 more
circuitous than dlr&ct to preempt people rrom using it as a coll&Ctor
street
McD/ U we go to the overwidth,lsthat at the developer's expense or ours.
Schm/ It has nor been proposed to go to an overwidth, It Is at a local street
standard or 2a reet
Larson/ You are proposing to go double wide driveways.
Schm/ Parking Is a problem anyWhere Where you have a IItUe higher
density development If you restrict parking along the local street to
enable it to luncUon as a coll&Ctor street, then you lose the parking.
That Is Why starr Is suggesting that an alternatiVe to that Is to provide
ror double Width drives on each lot
Larson/ I sure like that Idea ootter than making It a winding road, Seems to
me that a road peoplo want to use, tho way to handle people wanting
to use It Is not to make It a Winding dangerous road.
Schm/ U It is designed properly What you would do Is encourage people to
use the coll&Ctor streets and not the local street to serve as a coll&Ctor.
Larson/ What they might do Is third option and just use It as a coll&Ctor
stroet ovon though It Is Winding and drive a IItUe raster.
Schm/ U It Is Inconvenience to use as a coll&Ctor street people won't. They
Will seek easier alternatives
Kubby / I don't like the option or taking away parking on one side or Neveda,
People do use that currenUy and then you are having this. I don't
know that ills ralr to create a parking prOblem ror an eXlsUng
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neighborhood be(ause of a new development I also don't I1l:e the
Idea 01 double \'ItdUI drives for two reasons One, It IS going to 00 high
density development and a lot of concre~ already I guess secondly,
It Is gOing to Increase the cost of the homes
Schml That Is Why staff has made a secondary recommendation In this case
If you didn't accept the notion of a double \'Itdth drive on each lot
then parking 00 In place on both Sides 01 the str&et Granted thiS
Inhibits the traCllc lIow to some extent. But It also Inhibits trarrtc
period, Encourages It to use the collector streets that It Is designed to
handle It
Larson/l am not so sure that It Inhibits traflic lIow, It lust makes It more
dangerous,
Schml People seek the most convenient and safest rou~ to get Where they
are going.
Larsonl Look at SherIdan Ave The cars are In the way but that doesn't
mean they drlvl) out 01 their way to avoid the salety problem With
those cars being In the way, I don'tUke the Idea of parking on both
sides 01 the street When It Is clearly going to be a collector street
Schm/ln that case you don't have a collector stroot as close as this does to
the development that Will allow that trarrtc to funnel Into that
development
McD/lf nothing would be done, this could always be reviewed as lar as the
parking limitation af~r the development Is In place.
Larsonl Unl&ss the option you prefer Is to have the double Wide driveway.
McD/1 am not real Wild about the double Wide driveway. What we are
doing, you are adding cost. One of tho reasons that we have worked
out this development With the many amenities that this particular
development has that other developments doesn't Is to provide for
moderate priced housing, I think to require that. We are taking on
the role of Increased cost
Larsonl You know how I am about parking. I live on the north side. I don't
have any problem With requiring a double Wide driveway. It Is
horrible not to be able to park In front of your house. It we are going
to rostrlct parking In front of these people houses I Ullnk now Is the
time to recUfy that problem.
Kubby II wouldn't mind having the Wider Width streets becaUse that takes
care of all 01 this. It costs In another way but the pros and cons,
McDI That would be our costs, When we require the overWldth, then we
bare that cost.
Kubby I What does that cost Going from 20 to 36,
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McD/lt Is gOing to take away part of the lot too
SchnlUler I(can't hear)
Larson I I think Don mak&S a good point thm about WIly build a 36 loot
Wide str99t a block and a hall or two blocks over from another OM
think that Is WIly It Is a tough Issue NOM of the soluUons are
perfect
McDI The north end Is rather a unique problem there
KUbby I What WOUld you feel about leaving parking on both Sld&S of Neveda
but r&StrlcUng parking on Prairie Meadows Ave. on OM side
Schml I think you are addressing part of the problem, K99P In mind, I think
ther& will ~ a parking problem, This Is WIly we suggest that may~ It
Is best lust to defer conslderaUon of this Item unUI such Ume the
Str99t Is open, We can assess the traffic Impact
McDI And do It at that Ume.
l.3rsonl Tho onl, reason to act on It now .....,ould 00 If four pevpl~ ar~ In favor
of the double Wide driVeway If Uley are not then there Is no point In
dealing with unUI ~ S99 WIIat the traffic flows are like.
NoVl Before ~ defer something like this ~ need to know WIIat was the
ImpllcaUon of reconflguration on that str99t.
Schml To encourage traffic to US9 the collector str99l
Novl What would It look like, Is this something ~ should consider now.
Schm/ltcertalnly Is as part of the prelim. pial this Is something ~
recommend initially lrom the very beginning W11lch was not taken
under advlsemenl It is probably a IIttie bit lato to change now.
Nov.1 We don't have a picture that would show us WIIat It would look like It
it ~re changed.
Larsonl Larry, can't you red&Slgn this plat here,
SchnlUjer II would like to take Issue With that last commenl This
subdivision-that comment was never made to me in the various
process&S I ~nt through and the pre-prelim. pial In lact in one
point In time WIlen we went through the last pre.prellm. review, ~
~nt through at least two 01 those things and there are only suppose
to ~ one, I had a collector Str99t in that location and I get a call alter
I started to revise the plan that said take that oul
Larsonl You didn't have a winding stroot, you didn't have It configured that
way.
Schnittler II didn't have a Winding street This general str99t pattern that Is
on this plat was the one that stat! agreed With. I went back and
started to work on it and they called me at 5:30 alter I was well In to
It and said that we don't want a collector street.
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Larson/ ~au~ ll1ere was anoll1er one two blO(ks away
Nov./ Larry,ln your d~lgn e~rtlse, would you recommend elll1er no
parking or double WldUl driveways
Schnltljer / I have a problem wlll1 no parking on Nmda already
Nov./ I am talking about Whispering Meadows
Schnlt~er / As far as ll1e remainder of ll1e subdiviSion There ar& many
stroots In Iowa City ll1at are 25 foot Wide and ~ hm parking on
boll1 sld~.
Larson/ At Il1ls late date we can't do anyll1lng to defer.
Schnlttler / At Il1ls point In Ume you don't know Wllat ll1e trarrtc load Is going
to be. It depends a lot on ll1e origin of destination of people living out
ll1ere. At ll1e point In Ume ll1at lakeside Drive gets extended west to
Sycamore and Whispering Meadow (can't hear) It may be ll1at most of
the tra!tlc Will go out to Sycamore".
Larson/ It Is just too early to make Ulese kind of decisions,
Schnlttjer /
Kubby / With the understanding ll1at It Is left open on boll1 sides,
McD/ The recommendaUon ll1at ~ have tn front of us Is to- ~ can approve
ll1e recommendaUon and we can review It after ll1e SUbdiviSion Is In
place.
Larson/I'd rather not say anything about parking-
Kubby /I'd rather say ll1ere Is no restrlcUon""
Nov./ You don't want to Il1lnk about ll1e double Wldll1 driveway,
McD/ We can add to ll1e recommend~UolI Ulat it Will be reViewed at ll1e
proper Ume. Which ll1ere Will probably need to be a review some
day.
Larson/I don't care, I don't Il1lnk we should make a decision on ll1e parking
lot It's premature. If you want to adopt It and say we'll review it
Wllen ll1e Il1lngs all bull~ I don't care about that, but Ill1lnk It's lust
not prudent
Ambr /You know, ~'re looked upon by ll1e Wllole naUon as having
standards ll1at are just ll1e model of everyll1lng, ThiS parking Il1lng,
on and olc ll1e stroot, comes up so many Urnes. Just before you make
a decision on this someUme, I want to refer you to a community of
1500 people conUguous and to ll1e west of Iowa City In Wlllch you are
not pormltOOd to park overnight on any street. And ~ have Il1ls
elongalOO discussion,
Nov./And we haven't had anybody Wllo wanlOO to leave town because of It
Ambr / No, but I know ll1at ll1ey're also grOWing just as fast as Iowa City has
McDonald/ What's council's pleasure; Wllat do you want to do Wlll1ll1ls? I
don't care
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Kubby II don't want to limit parking.
McDonald I Well, I thInk W& all agroo on that
Courtney I We have a motion, Let's vote on It
Nov./I say we ought to go WIth the double WIdth driveway.
McD!1 don't hear a lot 01 support lor that
Larson/l don't care either. I don't care how we do It, Whether W& limit now
and look at It When It's built, or Whether W& don't do anything.
McDonald! Well, I don't ~ any MC&SSlty to limit It now at this point I
don't.
Larson! Vote It down. Is It on the lIoor?
Courtney I Yes. The discussion- about twenty-live minutes ago,
McDonald! There's a recommendation- There's a motion to approve the
recommendation 01 Planning and Zoning.
Allth~ tn tavor of that recommendation signify by saying aye.
Oppos&d same sIgn,
The recommendation Is defeated,
Larson/lthought we had a rule against contusing names like this.
Whlsp&rlng Prairie, Whispering Meadow I thought lire trucks got lost
and stull.
Kubby I Not WIth E91 J they won't
Larsonl Th~ aren't close enough 7
Ambr/ Is Prairie Meadows r&dundant7
Kubbyl Yes.
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Agenda
Iowa City City Council
Regular Council Meeting
Novembor 13, 1990
Page 10
"ljD' ~\~
g. Consider a resolution approving the preliminary plat 01 Northwood Estates,
a subdivision 01 Johnson County, Iowa. (S.SOI0)
Comment: At lIs November 1, 1990, meeting, by a vote 01 4-3 (Reid, Cook
and Scolt voting no), the Planning and Zoning Commission recommonded
approval 01 the prellmlnlll}' plat 01 Northwood Estatos, a 2O-lot, 25 acre,
slngle.lamlly residential subdivision located approximately one. hall mile
north 01 Iowa City on the west side 01 County Road W-66 (Dubuque Street),
subject to the elimination 01 Lot I, or combination 01 Lots 1 and 2, and the
addlllon 01 a note on the plat stating that, other than Henslelgh Drive and
the existing private drlvoway, no dlrec1 drlvoway access shall be allowed
onto Dubuque Street. this recommendation Is conslstenl with the staff f:~
memoranda dated Septembor 20 and Oc1ober 20, 1990.
ActJon: ~J.w~/kI.
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ITEM NO,S.
PUBUC DISCUSSION,
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ITEM NO. e.
ANNOUNCEMENT OF VACANCIES.
a. Mayor's Youth Employment Board. Ono vacancy lor an unexpired
term ending April 16, 1992. (Theora Evens.Dodd resigned.) this
appolnlment will be made at the January 8, 1991, Council meellng.
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McDonald I Moved by Larson s&cond AmbrlS(o to consider the r&SOlution.
DIS(usslon
Kubby II hm requ&Sted to 00 able to look at the plats b&cause I was kind
of confused by the dlS(usslon, not fooling like I really know what wo
wore dls(usslng. So can we soo some plats?
(Coundl and stall look at plat)
Kubby I What was the decision about lot' I. It wlll acc&Ss the side stroot and
not Dubuque St.
Schml Lot'! wlll acc&S$ the side stroot. There wore two lots that composed
lot'2 and It's been combined Into lot'2 such that the existing
driveway to Dub. St. Will 00 usOO for the entire lot.
Larson/ Lot" eal\'t access onto H~nsl~y heca~ of the Sleepneo.s.
Schmll t could.
Larson/It said In the pa~rs that It couldn't. That II we don't let them go on
to Dub. they Will have to r&Comblne lot 'I.
Schm/ There Is oolng a flat area oolng proposed.
Nov./ This lot already has a driveway,
Schm/ Just for an existing (can't hear)
Nov./ So they don't really have to combine (can't hear)
Schm/ They already have. There wore throo lots.
Nov./ This cui de sac tak&S care of all the other,
Schm/ Right
Kubby / What Is the grade there.
Schm/ That Is fairly nominal. la there. It Is relatively rlat.
(Council and stall look at plat)
Larson/ IRnnls Kelool said that If Ute applicant Is denied access on Dub, St.
the applicant WOUld then combine lots 'I and '2,
Schml That Is for lot '2. There were throo lots. Lot'2 made up two lots
oofore and It has been combined In to one lot,
Larson/ This lot 'lIs okay for It's drive to go on to Hensley Dr.
~nnls Kelool/ That's correct I think the one that you are looking at
Originally there were throo lots that fronted on to Dub. St. P (l said we
could not have an additional driveway access on to Dub. Sl So the
original lots 'I and '2 were combined to lot '2 and the lot that
previously was designated as lot 113 was renumbered as lot' I , So that
may 00 the confUSion.
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larson/ My problem WIth the UlIng IS people Whose judgement 1 respect an
aWful lot voted against It And some other people that I would have
expocted to vote against It, not voting against It And not being able to
ask them Why be<ause they are not here be<ause they have a meeting.
I don't like. I don't think we have very much In/ormation In our
minutes about It. I don't think we have much understanding 01 WIly It
was so controversial and Why people like Tom voted against It
Courtney II was at the P fl meeting Where this was discussed, And 111 tell
you that It was pure and simply a matter 01 this access being at such a
steep grade and not having another access II this grade happen to 00
inaccessible to get out or In.
LaJSQnl Why did Sally and Ann vote for It
Courtney II don'tknow,
Keltell B<<ause the road Is classified. HenSley Dr. IS a local Street The Iowa
City design standards allow a m grade on local stroots, Everything
that Is In this Is Within the Iowa City design standards,
Courtney lit just happens to be the only access.
D. Keltell Mr. Scott's comments earlier at the Informal session may have
been a IItl1e bit out o/lIne to say that he didn't think it was brought
up about safety and all that It that Is such a concern at P fl, mayoo
they need to change the Iowa City design standards, As 01 rIght now
you allow a 12:C grade.
Larsonl That Is my problem With this. I have a hard time having people
comply With our regulations and then having us turn around and say
they should be dllCerent
Nov.1 We have lust passed a grading ordinance and an erosion control
ordinance Which doesn't apply In this development because it Is In the
county,
Keltell The original Intent of doing this development make It What the
county calls their clustered zoning subdivision Is to minimize the
amount of grading that has to be don& out there. Now tt you require a
less grade than 12:c grade. The flatter grade you require the more
grading that has to be done and the more you disturb the natural
terrain out there.
Larsonll don't think It Is necessarily Improper to hold a grade to a IItUe
higher standard Where it Is the only access. That makes sense. 1 don't
have anymore questions.
McDI Any other discussion.
KUbby II WOUld like to hear If people are gong to vote against this. It It Is
the safety concern and If Ule holds higher than our standards
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Horow/ In UIlS particular ca~. be(au~ 01 Ule number 01 roads J dealt WlUl
being on Ule Pfl Commission, Ileel as strongly as Rm, Cooke. and
Scott do about Ule salety 01 Ulat steep 01 a road access on to Dub
Having dealt wlUl Weebor St and some 01 Ule oUlers I have a very
strong opinion about It
Nov! This Is up htJI on to Dub
Horow/ SO Is Weeoor. What goes up also goes down And coming out on to
Dub, Stl wouldn't want to 00 responsible.
McD/ I'm going to support Ule resolution. It was reviewed by P/z, We have
a majority Ulat did vo~ In lavor 01 It. It does meet our standards, I
feel that tlthere Is a problem with those Ulen we had oolwr correct
that problem, You don't correct It by denying this one subdivision.
Larson/ If W~ v,'3nt to say that v,'Mre Ulere Is only one accm th~ grad~ has
to be 9~ or someUllng, We can do that But I have a hard time
Changing rules In Ule middle of Ule game
McD/ I don't think that Is fair
Nov! This meets city standards, not lust County
Kubby lIt was Naomi's point SomeUllng Ulat I had brought up before also.
When We do these environmental regulations, how do We make sure
they go through the process of getting Into our fringe area agreements,
Do we request P fl to do Ulat
Ambr./ Just to help us visualize what this completOO project will look like,
How would you compare their entrance on to Dub. St as to th~
different ones that come out of the original River His. subdivision.
Kel~1/1 am not real familiar with how steep th~ are In River Hts, but I
would say that this would be comparable. I haVen't heard any
complaints from people In River Hts. that they can't get out In the
wlnoor time.
KUbby/ BtJI, when we were discussing Ule grading ordinance We were told
that Bloomington St, gOing down to Ute river was 12.15~,
Courtney I Which one?
Kubby I Bloomington St That you can't drive on It
Kelool/ For the council's Information. I did have a prelim. design grade Ulat I
showed the Pfl at their formal mooting and It does Indlca~ that Ule
12~ Is not a 12~ grade right up to Dub. St We do f1atwn out to about
a 2~ grade so you have a flat You cannot just come.
Courtney I How long of a run do you have at a.
Kelool/lt was a sulttclent length that It wll1f1at~n out And you also put In
vertical curves, You don't have two tangent points coming. The actual
length of the street that Is a true m Is not very great becau~ We are
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going Into a long sag vertical curve coming down ort U1e sU&&l It
won't 00 as sever as you probably would Imagine
Nov./ Is U1e relatively tlat area enough (or a (Ire engine,
Kettell Yes, 200 ("t Is more Ulan enough (or a fire engine,
MeDI AnyUllng olso?
Roll call.
Resolution Is adopted, HoroWItz and KUbby voting no,
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McDonald/
Yqggy/ My names Joo Yqggy It's come!h my attention, It's somethlng J had
no Id~a that Iowa City's doing Was that you collected parking meter
money on a day that I assumed and Ul~ fed~ral gov~rnment and
~v~rybody ~Is~ It soomed, was a fed~ral holiday. That oolng Veteran's
day c~l~brated on Monday And I lust don't agr~ With that practice
Veteran's ~rve And I think thallowa City should support In every
way Including pulling up tlags, and gelling people aware that veterans
eXist, that Without veterans, WiJ wouldn't 00 sitting here
W~'v~ gone through World War I, II, Ill, whatev~r, I m~an it's
coming. Whatever We're In Saudi Arabia now, and these people need
to 00 supported, II this Is World War III then whatls it? Th~~
people coming back, they'll 00 v~terans. Do we colle<t money for
parking meters on Veteran's Day, I Uillik It's appalling, I think that
the city should 00 oft. I think that people should 00 oll, and I think
they should 00 paid for oolng oll But I don't think th~y should 00 out
there colle<ting parking meter money I'm one of those people that
does pay the quarter In th~ parking meter I have a violation In my
pocket OOC8use I didn't realIZe It Butl Will pay that violation, I
would IIk~ to s~ more attention paid to v~terans In Iowa City. Thank
you.
McDonald/ Thank you for your comm~nts, Mr, Yqggy.
KUbby/ On our parking m~ters, doesn't It say, Sundays and holidays, you
don't have to pay? So It our city olltc~ ar~ closed, It would mak~
sen~ that WiJ wouldn't colle<t on those things that we d~med for
our~lves a holiday,
McDonald I The downtown Isn't closed, the private se<tor Isn't closed, It Is a
fed~ral hollday and local governm~nt and, most ofth~ ag~ncles, It Is a
holiday for them, But I don't even think the banks are closed
anymor~.
Courtney / No I think It's more of a function that the retail establishments
and banks and everybody are open, One of tile reasons for enforcing
parking Is to hav~ the turnover so you don't have people that are
parked there all day and on holiday the downtown Is rarely closed
down. That's not the problem But it does become a problem when
you'v~ got the majority of the businesses open,
Larsonl There's nothing WiJ can do as long as businesses de<ide to stay open
on v~teran's day.
NovlThere open on Sundays
KUbby/ What we'r~ saying IS Ulatthose people are dictating-
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Courtney / Thm aren't many downtown bustnesws open on Sunday
Kubby / But the Realtors are dectdlng When we collect parking and When we
don't and not. I mean their policies, they're deciding to be open or
not on a holiday
Horowl What we're doing Is ~'re paying. we're having the buslnesws, not
retailers so much, but bustnesws pay for the parking that they're
using on Veteran's day
KUbby / Individuals paying downtown are paYing for parking
Courtney / The University doesn.t close either and that's one of the biggest
problems
KUbby / My original thing Is, What IS our dellnlUon of holiday It's dlctaWd
by Whether the stores are open or not. That's What I'm hearing
/ Whether It's a concensus holiday,
McDonald; I guess one that's observed by both public and private sector
Like Christmas and Thanksgiving
Kubby / How many Of those are there tn a year that are mutually-
McDonald/ Probably seven or eight.
Atklns/ Well, federal are Columbus Day, seven or eight, yeah
McDonald I Mutual holidays, Where federal agenCies and private sector closes
down.
Kubbyl So how many federal holidays are there?
McDonaldl I don't know. You have to ask someone who works In
government. I don't work In government.
KUbby I How many hOlidays Ulat the City takes Off Ulat are not considered
consentual holidays, jf Ulat's the term?
Helltngl We have minor holidays, I guess, I hate to use Ulat term, We have a
floating holiday around Christmas Ulat we designate or employees
take. We have the day after Thanksgiving which Is a city holiday, We
have Veteran's Day, we have President's Day In February. Those are
the ones principally that we stay open, a lot of our operations are
openc like transit and parking, et.c, Th& other holidays are the ones
Ulat everyUllng sooms to close down.
Kubby I So What would be so horrible about taking Ulose five extra holidays
Ulat Ule city takes and putting them In our dertnltion of holiday for
parking reasons. I mean for the five days,
Larsonl It's not a question of Ulelr relevance, It's a question of the disruption
on Ulose businesses Ulat noods those moters turned over so Ulat Uley
can have customers to park for
Kubby I I'd like to discuss Ulat trade.off Is Ulat.
McDonald/ You'd like to use downtown as a parking lot that day,ls What
you're saying. That's okay WlUI you
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Kubby III that's how you want to Interpret It
McD/ The UnIverSity Isn.t closed, cla5m are still gOing on That ty~ 01
thing. II you want to schedule this sometime lor discussion, that's
line. I'll discuss It WIth you.
Kubby I Put It on our list 01. What, this Is lorty -two now?
McDonaldl A lot of them can be eliminated very quickly
Courtney II think I'd like some convincing of even haVing It on the list or
not I have no desire to even have It on the list
McDonald I Karen and I can have a private conversation to start out WIth
Kubbyl Okay we'll do that And then we11.
TAPE CHANGE TO REEL 90.95, Side I
Courtney ITtils m~alis IiO dlSi'espe<t to Christopher Columbus,
Yeggy I-respect the holiday.
Larson/lt might be bettor to say major hOliday or national hOliday
McD/1 didn't know It was still on there. Is It still on the newer one? On the
metor heads?
Courtney I All of them say Sundays and holidays. McDonald I I know It usOO
to be on the older ones. I don't know If It's on the new ones or nol
McDonald I Yes, sir.
Daniel ~ This Isn't q~lto as controversial, but my name Is Daniel
I~.I..I Jive on Plae~lew Avenue. And actually, I'm lust Inquiring
Whether we could extend the bus lines from 8&noon and Mormon Trek
down 00 our SUbdivision, Which Includes the streets of Plaenvlew,
Gryn, Cae, and Aber, Basically the walk Is about twenty mlnutos at a
brisk walk, and It's almost unacceptable during the poor weaUter. We
think Utat It'd be IItUe Inconvenience to extend Ute bus lines another
block. I Utlnk Utere's enough suppor~ In that area Is fairly busUlng
and there's a lot of people Utere. I think It'd be nice to prOVide access
to Ute hospital and downtown
McDonald I What streets, sir?
Daniel :JtJ..M11 Plaenvlew
Courtney/lrae 'n' Cae subdivision,
Horowitzl We're already working on that, aren't we , Stove?
Atklnsl We had talked about Utat. I don't recollect the details, Susan,
AmbO We tried It several years ago and Ute customers weren't Utere
Atklnsl We couldn't get any,
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Ambr Il'm pertecUy Willing Ie as long as welre- strel(h our bus lines I
Utlnk. The more poople we gel
Atkins/ Remember, When YOII do add a street, you usually have to take oft
anoUter one Uten. You have Ie maintain Uto headway.
Ambr./ A couple oUters we are looking at lor Ute same reason.
McDI Get us some Into. on Utal
Atkins/I'll get you a report on Utat.
McD/ We will get back Ie you on Utal It lust seems to me Utat we had a
r~ns~ on Utat about live years ago.
Daniel. , I have lived Utere lor two and hall years,
Courtney There have ~n a number ot routes added sJn~ Ut~n,
Horow/ The oUter requests have been trom older poople Who are living
Utere.
Atkins/ It I recollect Ute hlSlery ot Ute Uttng, They tried and Simply couldn't
get Ute volume 01 passengers to jUstily Ute Utlng,
Kubby / Your talking WiUt Ute neighbors, Utey are shOWing an Inooresl
Atkins/ Please keep tn mind Utat Ie exoond Ute service-push It In someWhere
else It has to pop out someWhere else. We do have Ute headways Utat
you do have Ie maintain. They may In act improve Ute service but
you may have Ie shoroon It up someWhere else.
nov,/It may be time Ie re-evaluaoo all ot out bus rouoos Ie see Where Uttngs
have grown.
Atkins/ You Will hear about Utat In Ute upcoming budget.
Horowl You canlt take It oft Ute eastslde. Its good Utat you bring Utis up,
McD? Why donlt you get us some Into, so we can get back Ie Utls genUeman.
Thank you very much.
McDI Anyono olse-
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Agenda
Iowa City City Council
Regular Council Meellng
November 13. 1090
Pago II
ITEM NO, 7. CITY COUNCIL APPOINTMENTS,
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a. COnsider an appolnlmenllo the Board 01 AdJustmenllor a five.year
term ending Janulll}' I, 1996. (Mike Mossier's term ends.)
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b. Coo3ld9r eppolnlmen" to the Human Rights Commission 10 nn three
vacancfes lor three.year lerms ending January 1, 1994. (Terms 01
Chla.Hslng Lu, Harold Wellbrenner, and Ray Heines end.)
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Consider an ap~Ufo p:!s anf Recreallon Commission
lor a lour.year term ending January 1, 1995. (Bill Brandl'. lerm
ends.)
Action: AI"~.v 11,'f~. 11."....,,.a
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ITEM NO.8. CITY COUNCIL INFORMATION,
ActIon:
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McD/Clly counclllnlormaUon
KUbby / SomethJng that was brought up tonIght IS the quesUon 01 how do ~
get our environmental r~ulaUons that ~ have lor the City 00
discussed In oorms 01 lrlnge area agreement Do ~ then tt ~ want to
discus it at some point Do ~ direct that to pm
McD/ Yes. they could review What ~ have In place. We do have.that would
00 something to put on the agenda lor the lrlnge commltOOe. It has
b%n a While since ~ have gotoon together But It Is sUII In place and
intact Actually there'~ are gOing to very shorUy and that would 00
something that we could put on It Probably right aloor the Clrst of the
year ~ are gOing to schedule a meeting With the supervisors becau~
there are many topics that are coming up that we nood to talk about
that affect both of us, I mentioned this to Mr. Meyers about
SCheduling OnO 01 these Since It has b%n a While since wo've had one.
We are planning on dOing this right aloor the IIrst of the year.
KUbby / / preler not to walt until wo have all our environmental r~s It Will
00 a real long time to get It started, It Will 00 a long discussion
anyway Who Is on that commltOOe, the fringe area commltOOe
McD/ Mr. Ambr. and my~lt.
Kubby lit /t noods a third person, / would 00 lnoorested.
McD/ Okay. Thank you.
Kubby I My second loom Is about energy con~rvation. We got our energy
kind 01 audit lor the year. It Is really eXCiting numbers. Every year at
home I try to conserve energy, /n the last oon years ~ have saved
over $2 mUllon for the city. This year alone wo saved $266/ /90. That
adds up to a 39~ decrease overall. / think those are pretty Impressive
numbers and wo should pat ourselves on the back for turning ort the
lights and clOSing doors and buying ventilation sysooms that really do.
My Clnalltem Is / want to talk about McDonalds.tho franchise
McDonalds Since I am a porson Who for the last three years has stood
outside of McDonalds protesUng their use of polystyrene It Is very
Marooning to see that Uley have Clnally dOl.tded to Change their minds.
They are gOing to change to some paper based products. Although
they are going to 00 wax and not lmmedlaooly be biodegradable They
are a volume reducing product and they are from a renewable
resourCe. / want to commond McDonalds for taking this to heart and
seeing that their are economic Issues Involvod and there are
environmental ISSUes and It Is What the people wanted They had lots
01 letoors from children saying / want to eat at McD, but you are using
polystyrene, so I don/t want to come here anymore I think that It Is
Important to see not just people on the street prot.esUng and not just
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s~ this adv~rsarlalthlng but that ~pl~ work tog~th~r f want to
specifically thank th~ Peopl~'s Clearing HOUSll For Hazardous Wasoo for
calUng peopl~ and to act on a coordinated basis all over th~ country
Locally, to thank Joo Bolcum for In Oct, 1987 for calling th~ IIrst
mooting of people to talk about this Issu~ which then this group kind
of ~volved IIrstlnto Iowans for Recycling and now Envlronm~ntal
Advocaoos. So this one day action blossomed Into community action of
volunteers working on various ~nvlronm~ntallssu&S So from UIIS one
action a lot of things hav~ hap~ned,
Larson/ In th~ last few days W& hav~ soon two gu&St opinions aboutth~
M~rcy Hosp. heliport Issu~. I thought the letoor that was In Friday
accuraooly summarized th~ conc~rns ilnd did a nice lob of Informing
th~ public. Tho one that was In on Sat, Qr maYM It was Monday. did
have one error Which misleads people In a way that Is not
advantageous to the city. I have spoken to the attorn~y for the
Northsld~ Assoc, and he doos not agroo With th~ opinion that was
stated In that opinion and Will clarify that to all of his clients. And I
have also talked to Dr. Kammermeyer who Is s~ar heading that group
and he understands It I did want to make a public comment about It
on the second paragraph of that opinion by Joan Hart To be fair to
her, her opinion was submitted qUloo some time ago and suffered
somewhat from lack of timelln&ss b&cau~ they W&ren't able to print It
In the first wook and a hall or so when It was submitted, In the
second paragraph she stated that the Issue Id Mercy Hosp. has a
h~lIport or not Is an Issue that can be decided by the city council. I
lust want to make It clear that It cannot be decided by th~ city council
at this point In fact W& were told by the city attorney that It could
not have been decided at any time onc~ the building application had
boon submitted. I just wanted to make that cl~ar. I think It Is
harmful to the whole community If a segm~nt of the community fools
that the city council Is turning Its back on a dllllcult ISSUe. I don't
think m~mbers of this city council do that flust don't think that w~
are political enough that W& try to dodge Issu&S. Ev~ry night W& Will
hav~ four, live or six controv~rslallssu~s that all of us ar~ r~ally to
stake a volo on. I know for a fact that all seven members would have
liked to vooo on the M~rcy Hosp. heliport, That was not a legal option
that we had according to our legal staff. I want to make It cl~ar that
w~ do try to mak~ decisions on thos~ matlors that com~ befor~ us. W~
would have like to make th~ decision h~re and to ~ncourag~ ~v~ryon~
to show up tomorrow at ~:30 for th~ Board of Adjustment l1~arlng If
you are InterosOOd In this Issue so that you can 11m your say.
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Nov,/ I have a couple questions for staff. Has anything happened WIth the
ravIne business.
Gentry I Yes, Chuck Schmadake and Rick Fosse and I met again. The
consensus was that we nOO<! to do more Investigation. I am awaiting
further review by the Public Works and Engln&llrlng. As far as I can
see at this point It Is an engln&llrlng problem not a legal problem but
we Will continue to Investigaoo It and get back to you.
Atklns/l would IIko to follow up that wo are also likely, once we have most
of the Information together, likely to convene the folks up there
because there Is a dtrrerence of opinion, The gentleman that
presented his side and presented It very articulaooly. There are a
couple of other folks that simply don't agr&ll. We would like to get
them all together...get them all in a room. Karen Franklin, our
Mighborhood service coordinator, Will arrange something to get them
all together.
Kubby I WUI we be notiCled of that m&llting,
Atklnsl Yes. I can notify you of the m&llting. With all due respect don't scare
off the neighbors.
Larsonl As I probably made clear last time. I represent that district It Is
Important to me to be able to say something other than legal oolls us
there Is nothing we can do about It I nOO<! to have his letoor to us
responded to In detail so I can respond to him...
Gentry I There are conlllcUng facts from all the various neighbors. That is a
factual Investigation that we n&ll to do.
Larsonl I nOO<! something more than one senoonce.
Gentry I Randy, aren't you going to ask about your favorloo Cllll'S Apts.
Nov.1 I was delegated to ask about that among other things. What Is
happening With the Cllll'S.
Gentry I Good news. We hm a hearing set on the conoompt procOO<!lng on
Nov. 26, 6:30. In the mean time Jim Glasgow has made subStantial
progress. 75~ of the wallis up and full crews are working and he
plans to be Clnlshed two weeks and If there Is any conoompt, to have It
purged.
Larsonl More than that. We need our englnoors to look at It then because If
that Is 75~ of the wall and that wall doesn't go Where I think It needs
to go.
Gentry I I talked to Dick Franz today and the one portion of It is twenty feet
Larsonl If their theory Is that wallis deSigned to catch the dirt a It falls Off
the Cliff, that ain't It. We don't want It to fall
Gentry I There Will hm to be grading back from the wall
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Larson/ /11 walt to see
Nov./ I have a qU&Stion about leaves ThiS came up sort of last time Wh&n
W& ar& discussing Ut& budget can W(j hav& Ut& projoct&<! cost of
S&nding Ut& I&af swoop&r around again In Ut& spring, J t would not
bko ac lon~ thoro would not bo a~ many loavo~. I think ~omo 01 tho
Issu&S brought up last tim& w&re r&ally very.
Atklnsl We I&amed a f&w v&ry vaJuabl& I&ssons In Ut91ast week or so about
Ute leaf pick up program. Thi~ is my forUt year and Ute ltrst Utree
years J nmr heard boo. All of Utat changed. I Utink Uter& is a coupl&
of Utlngs Utat ar& Important for you to know. First of all. literally
mryon& who can Is puWng Uter& leaves to Ut& curb. TM bottom line
Issu& Is Utat Ut&y don't want to pay a dollar a bag to put Ut&m In Utos&
bags, The volume went up dramatically. Socondly, an mteresting
observation Utat Bud Sto(kman our street sup&rlntend&nt point&<! out
to m&, it Is also a IItU& later In Ut& year when we had our ltrst killing
frosl W& should hm I>&&n done WiUt Utls leaf busln&ss by now. Bud
Is concerned about equipment hooked up for snow removal which
do&s laJ{& some tim& for Ut& conv&rston, H& is still busily picking up
I&av&s, W& work&<! folks all day y&sterday...W(j ar& s&v&ral days
oohlnd. On& of Ut& oUt&r Ulings W(j hm mn WiUt Utts mild
\WaUt&r...1 did a lot mor& yard work and cleaning up of Utlngs now
OOC8US& of Ut& nice \WaUter Utat I probably would have done in Ute
spring time, J Utlnk Is what W& ar& going to hav& to do next y&ar Is
...golng to hm to have a Utlrd crew. As far as doing It In Ut& spring,
assuming Ut& \WaUter Is going to 00 satisfactory and W(j can g&t Ute
oUter Utlngs W(j want done, J hm no troubl& dOing Utal Th&r& Is still
going to 00 spring c1&an up, Folks ar& not going to put It in bags.
Courtn&y / TMro ar& a f&w troos Utat do not los& Ut&lr l&ms until spring.
My two pin oaks.
Kubby rrh& polley Is to go anYwh&r& I Ut& city WiUt Ut& vacuum,
Atkins. Y&s, What W(j do Is havo our trucks, ar& radio equipped, W& hm,
for practical purpos&S, a scout car They Will make notes..,.we Will g&l
Utem all.
Nov.1
Courtn&y / W& hav& oo&n fortunate Utls y&ar WiUt Ute w&aUt&r, Normally by
now W& would hav& a rain Utat would hav& froz&n UtOS& In one great
big clump....They turn Into a solid brick of leaves.
Atklnsl TM weaUter projections for Ute rest of Ute week are favorable
Courtney II am just worried about n&xt y&ar and Ute y&ar after.
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Atklns/ This Is something ~ are gomg to expenence hence/orUl Thal/olks
are gOing to take advantage 01 Ule leal vacuum program lar more Ulan
Uley ever did belore. Next year will be even more dilllcult assuming
you vote up Ule burning ban That IS going to sent even more leaves
to Ule curb..,
Ambr / about a monUl ago Mr AlJclns, our esteemed manager, brought to us
a piece or Inro about legislation Ulat was passed by Ule Iowa General
Assembly. Literally dropped a IllUe bombshell In Ule middle 01 our
downtown plaza, TIle Interpretation 01 Ule new leglslati"n was Ulat
our beautilul plaza lountaln comes undor Ule dellnltion 01 a swimming
pool. Because or Ulat we had to close down our beauUlul rountaln II
you will rorglve me lor just a moment Ulere Is a IltUe bit or history
Utat has to come dOw1l. In 1974 a numlNr 01 bustnn"S hou*5ln
downtown Iowa City embarked on a program Where we went out and
wrote our own checks and raised money to build Ulatlountaln. We
presenle<l a girt to Ule City 01 Iowa City 01 $76,000. I wlllleel very
very poorly II my Investment IS not giving me a return and sharing It
wlUI 811 Ule wonderlul citizens 01 Iowa City by reacUvating Ute
fountain. As citizens, we can all do someUllng aboutll You know for
every law Ulatls made, anoUter one can be made to following year, I
would encourage each of you Who agree wlUt me Utat we would like to
have Ulat fountain reacUvated, Utat you write your local legiSlators.
There Is a IItUe pamphlet Utat you can piCk up In Ule Iowa City
library, called 'How To Getln Touch WIUt Your Local Elected Officials."
All of our names are In Ulere as are Ule names of your legislators.
Please get In touch wlUI Ulem If you agroo wlUt me to tell Ulem, to
amend Ulat statute to take our fountain out of Ule swimming pool
ordinance. Tomorrow night Ule League of Women voters are having a
talk wlUI your legislators session Nov 14, 7;00-9:00pm at Ule Iowa
City Public Library".
Nov./ It was not lust business people Who contributed. The entire
community,
Ambr /,..
Kubby / Bill, I would be honored to be In Ule IIrst piCket line wlUI you.
AmbO The oUler Issue-parking,..! want to address Ute Issue spectftcally
because Ulere Is so much misinformation Ulat occurs wlUtln Ute
community because you have some folks In our society Utat don't like
to get clutterod up wlUI Ule facts" We have a lot behind Ute old library
Ulat houses 7'f parking spaces, The city 01 Iowa City does not own
UtatloUt was sold to a private developer on Ian 16, 19H"At any
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given moment In time that developer can exmlse his option and
Immedlaooly remove 77 parking spaces from our downtown area.
That IS a certainty That Is gOing to happen In addition to that, ~
have What appears to be a surface parking lot contiguous to and to the
eastslde of the HOliday Inn. That Is the last parcel of urban renewal
called 64. tA. In rocent ~ks we have had a proposal that a group of
cltizens,..~ want to build a S 10 million arts cenoor there. Whether or
not It tiles or nor, I don't know But I Will guarantee you that 00& day
In the near future there will be some kind of all purpose building
there, Currently th&r& ar& a7 parking spots on tMat lot a7 plus 77 IS
a 15~ spots that we are gOing to I~ In the downtown area The other
thing that Is happening. We have some of us pay $40 month to have a
long oorm parking guaranteed In one of the ramps or In Chauncey
Swan or on Market St TMre are 2 t I ~ple waJUng In 1In~ to buy
00& of those spots, That 2111S also misleading because some of the
applicants WlIO have their name In are bUSinesses or IndiViduals Who
have multiple requests In...The market Stlot has 56 parking stalls.
There Is a strong request that would like to see us put another level of
parking on that This Is part of tho overall study that wo are doing,
Like It or not In this free society, people have a choice. Whether or
not they want to drive an automobile, ride the bus..,or walk. I Will
defend that rlghUf you are an outside sales person you have to have
acc&SS to an automobile three or four times a day,...the need Is there.
So WlleDOver we talk abOut adding parking space to the Chauncey
Swan area, It Isn't because of some whim that some council has. It Is
because there Is need there to serve all the citizens of Iowa City. End
of speech.
Horowl Thank Mr. Ambr...deal With the Leg. of Women Voters meeting.
tomorrow mnlng. Nov. 14th, 7:00.9:0Opm at the Iowa City PubliC
Library. To attord all of you an opportunity to mwt With your
legiSlators In Johnson County I urge all of you to come...
Nov./ There Will be representatives of all of JOhnson County...
Horow./ It has come to my atoontion that we still have a problem With the
bOilers at the University of Iowa I spoke With Mr, Christianson's statt
today, Mr. Ed Sherrer, Who has told me that the bOiler motor Is going
to be ott tonight and the people Who have too silencer are putting that
silencer In place and he expocts that that problem Will be taken care
Within the next couple of days, There are a number of people
complaining,
Courtney I Tratttc safoty In tho SChOOl dtstrlcts...plcklng up steam I have hac!
a contact from tho presldont of tho PETSO, tho safety organization at
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City High wishing to 00 Included In our planning for this. They want
to lend all of the assistance they can. ,they would also like to have us
Include In our !ratrtc studt&S the Intersection of Court and 4th
St.There are a lot of accldents".at that Intersection, 4th Ave. not 4th
St.
Ambr I Doos the survey go down as far west as 7th Where It Intersects
Courl
Courtney I That hasn't been brought up yet.
AtJclns. Yes It has,
Courtney II can supply you with the nam&S of people that are concerned
about getting In on the process.
AtJclnsl J did follow up by talking to both principals at both high schools and
advised them that Speeding and some of the reckless o~rauons out of
the schools Is going to stop. J told them we would send a police orrtcer
there to talk to the kids if they thought that that would 00 helpful..
That we were gOing to make a vigorous effort.
Courtney I That subject was discussed In our safety organization at City
High,..
Secondly, J had a contact on the railroad crossings on Kirkwood. They
are In very bad sha~..,
Atklnsl Kirkwood and Glloorl J think those are scheduled. J will have to
check with Rick on that J am almost positive that the work Is
scheduled.
Courtney I J have become the kee~r of the railroad crossings now, also..,
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Agenda
Iowa City City Council
Regular Council Meeting
November 13, 1990
Page 12
ITEM NO.9.
REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY.
a. City Manager.
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b. City AlIorney.
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Agenda
Iowa City City Council
Regular Council MeeUng
November 13, 1990
Page 13
ITEM NO. 10 .
CONSIDER A RESOLUTION AUTHORIZING FlUNG OF A COMMUNITY
DEVELOPMENT DLOCK GRANT (CDBG) PROGRAM STATEMENT FOR
1991 UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF
1974, AS AMENDED, INCLUDING ALL UNDERSTANDINGS AND
ASSURANCES CONTAINED THEREIN AND DESIGNATING THE CITY
MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER FOR THE
GRANT,
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Comment: The City Council held a public hearing on the proposed
Program Statement on October 30, 1990, and considered clUzen comments
on the Community Development Block Grant (CDBG) lundlng allocation for
1991. Passage cllho ro:olutlon will pormlt filing 01 tho Program Statoment
and Budget with the Depertment 01 Housing and Urban Development (HUD),
and will Indicate Council's approval 01 pro/ects to be lunded through the
1991 CDBG program budget. Of the $650,000 estimated CDBG lunda
available In 1991, $519,500 are direct project.based costs, 100% 01 which
benefillow.moderate Income persona. A copy 01 the proposed 1991 CDBG
Program Slatement and Budget have been enclosed In the packet lor tho
Council's conslderaUon.
Action: t<~ / ~
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ITEM NO. 11 . CONSIDER A RESOLUTION AWARDING PROFESSIONAL DESIGN
SERVICES CONTRACTS FOR THE NORTH COURT ADDmON TO THE
CIVIC CENTER,
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Comment: this resolution awards contracls lor contract documenta
production managemont, mochanlcaVenglneerlng aervlcoa, structural
engineering, and Interior design servlcos lor lees totaling up to $75,000.
Tolal project construction costs are estimated to be $1,250,000.
Action:
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Agenda
Iowa City City Council
Regular Council MooUnl1
November 13, 1990
Page 14
ITEM NO, 12. CONSIDER A RESOLUTION IN SUPPORT OF A NEW AMTRAK RAIL
PASSENGER SERVICE ROUTE THROUGH NORTHERN IWNOIS AND
,\ ~~ CENTRAL IOWA.
Comment: this recommendation was broughl before Council allts last
meeting and It was agreed that a 10rmaJ resolution should be adopled lor
consldoratlon.
Action:
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ITEM NO, 13. CONSIDER AN ORDINANCE AMENDING THE CITY CODE BY ADOPTING
A TAPoON FEE ENABUNG ORDINANCE, AUTHORIZING THE ADOPTION
OF PROJECNIPECIFIC TAIPoON FEE ORDINANCES, AND PROVIDING
SUBSTANTIVE AND PROCEDURAL RULES FOR THE ADOTPION
THEREOF. (Firat Conaldoratfon)
Comment: See altached memo Irom the City Attorney and FIrst Asslslant
City Attorney.
Action:
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ITEM NO, 14. ADJOURNMENT TO EXECUTIVE SESSION. PENDING UTI
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· 13 page I
McD/ What did we de<lde to do Were we going to defer tllls or schedule It
for Informal or
Larson/ It Is lust IIrst consideration
McD/ Does anybody feel strongly at tllls point not to pursue tlllS
Atklns/ It Is lust tlle enabling ordinance It Isn't Spe<tllC
McD/ Right. I tlllnk we could still schedule It for Informal, for our next
Informal.
Atklns/ We could put tllat on.
McD/ Okay.
Moved by Courtney, se<onded by Ambr to give Ulls IIrst
consideration.
Nov./ Some ordinances have a p,h. before we adopt tllem and otllers we
haven't.
McD/ SOme of tllem by code we have to. We have to schedule a ph,
Nov./ We are adopting tllls ordinance Which WIll tllen require a p.h. or an
ordinance Ulat Is enabUng. This one doesn't require a p,h.?
Gentry / We wl11 have a pll. on the sl~ spe<llIc or prole<t spe<tlIc ordinance.
McD/ This Is just to Inltiat& Ule process of developing one, Correct?
Gentry / Yes. We could have set a pll, on Ulls If that Is Ule council's WIll, we
can still do Ulat.
McD/ Not at Ulls point. That is a ULUe premature.
Gentry/ I don't Ullnk It Is necessary. But you can certainly do It. You don't
need to do It, Utat Is correct.
McD/ That will come lat&r.
Gentry/Yes,
Kubby / With spe<llIc ordinances, WIll there be any case Where something Is
out of ooquence Utat we would have a tap on fee ordinance.
Gentry/Yes. The tap on f&e structure Is not at all tied to out of sequence.
Historically, Iowa City had a tap on foo ordinance that was used
syst&matically regardless for development WheUter It was out of
sequence of not.
Kubby / Who would request Ulls. I don't understand from the way It Is set
up. I couldn't IInd language In the ordinance that If It Is only the city
wanting to do It or If Ule developer wanting It to happen. Can
anybody Uten Inltiat& the ordinance.
Gentry / It could be the city or developer or a citizen,
McD/ Any oUler discussion?
Roll call.
Plrst conSideration IS apprOVed.
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City of Iowa City
MEMORANDUM
Dalo: November 9. 1990
To: Clly Council
From: City Managor
Ro: Informal Agendas and Moetlng Schedulo
!
Novembor 12, 1990
Monday
VETERANS' DAY. CITY OFFICES CLOSED
No Informal Council Meeting
November 13. 1990
6:30.7:30 P.M. . Informal Council Meeting. Council Chambers
6:30 P,M.. Revlow Zoning Mailers.
6:45 P.M.. Tap On Feo Ordinance Opinion
7:10 P,M.. Council agonda, CouncJlUme, Council commlltee roports.
7:20 P,M.. Consldor appointments 10 the Board 01 Adjustmont. Human Rights Commls.
slon, and the Parks and RocroaUon Commission
7:30 P.M. . Rogular Council MeoUng . Council Chambers
Tuosday
Novombor 26, 1990
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6:30 . 8:30 P,M,. Council Chambers
Monday
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Informal Council MeeUng . Agenda Pendlno
November 27, 1990
7:30 P,M.. Rogular Council MoeUng . Council Chambors
Tuosday
~
Slormwator Managomont Rovlow
SaloslSollcllaUon on Clly Plaza
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ICCM TII"IEIT APE FORM FOR
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AGENDA TIME Sublect COMMENTS
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