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Home My WebLink About1992-07-14 Agenda -. II! I I - - .~ v-.........~ . AGENDA IOWA CITY CITY COUNCIL SPECIAL COUNCIL Ml;ET!NG . JULY 14, 1992 7:30 P.M. COUNCIL CHAMBERS ITEM NO.1. CALL TO ORDER. ROLL CALL. ITEM NO.2. MAYOR'S PROCLAMATION. ~ ~ . G ~ 1;:t 47~, .ld,*~ a. David and Donna Morrell Day - J!W 1~, 1992. ~Aem ~,~ . CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESEN ED OR AMENDED. ITEM NO.3. a. Minutes of Boards and Commissions. (1) Board of Library Trustees meeting of June 25, 1992. b. Permit Motions as Recommended by the City Clerk. (1) Consider a motion approving a Class "C" Liquor License for James Tucker, dba Tuck's Place, 210 N. Linn St. (Renewal) (2) Consider a motion approving a Class "C" Beer Permit for Voss Petroleum of Iowa City, dba Dan's Mustang Market, 933 S. Clinton. (Renewal) (3) Consider a motion approving a Class "E" Beer Permit. for Hy.Vee Food Stores, Inc., dba Drugtown #2,1221 N. Dodge. (Renewal) c. Correspondence. . (1) Letters regarding the proposed Kirkwood/Lower Muscatina Project from: (a) Judith L. Macy (b) Cathy Livingston (c) Roderic Lakes (d) Julia Blair (e) Craig and Roxanne Gustaveson (f) Carl and LaVerne Couch (g) David N. Whiting ..__~._.....~......._..__ --.-____ft_ _1 -....-. ~._"-~ '"'!!l:iiLM . ~1i01'l .... i I I , I . I I I , " - ,...~ ;, , , I I ; I , I I ',.' - ....- ~~ ...~ :J;li~~;l?F~"\J~~~,~r:_::'Y;::.', ,',' (e' 'Irl~~~'';-'' . 'f .' (' l' .;;...., ,';.o;;:~'t:, :'0/.':' ....,,'.r' "..', . .,~.,,'... .-, 'i', ,,--', ",,-,. .. i')>,~~ _.' .,>:!'.:.Il":":';; '. .."'~'",,,.\,. ',1,/..':,1,:" .~,,: '. cf;;i~~;i~f.r'.;.,.,.'.....~,~: ..:.;'....:i.".' :'.;(: -, i!! #2 page 1 Courtney/Mayor's Proclamation..,David and Donna Morrell Day - July 14, 1992,...llob Stein... Bob Stein! Thank you, Sir. Mr. Mayor, Ladies and gentleman of the council, and friends. I was okay until I saw my attorney sitting over here. It is the first time that I think that I have been up front and Tom has been in back. After spendillg all the hours alone writing, I am a little nervous here. It is a privilege for mE to be here and represent Da\~d and Donna Morrell. They are friends. Yesterday when the proclamation was read and presented by Mayor Pro tem Naomi Novick, the first comment DavId made was oh, on Bastille Day. To me, that is just how his mind IVorks. Instantly creative. Relating complex things across the spec1rum. I guess if we go all the way back to '69 or '1970 when he was sitting in this sitting and writing First Blood and creating a character from his psychic who became Sylvester Stallone whom we all know on the screen. That sort of thing has been going on for a very long time for David. A truly brilliant man and a great man. When Mayor Pro tem and I ask him what perhaps Bob might say in your behalf. Donna responded first. And the fIrst thing she said was tell them we are so honored and thank you. And tell them about the transportation system. And then she paused. I think she related to the article that was in the paper written by our friend Marlene PatTen. I think Donna had some thoughts after that articie had been done. I think sOlne of tIllS comes from tllere. She said tell the council and the friends who are there about the bus transportation system in this city. She said when Matthew was little-she said I could tak'~ him d.t. and give him his instructions and tell him to be certain to get on the 5:30 bus and I could stand hi our window and watch and he would come home on the 5:30 bus. I was sure. She said thank them for that. It was wonderful to be able to depend on that as a mom. She talked about tlle parks and how much nice it was for them. The times that they had walking as a family or together with friends at the park. She said to tell them to keep up tlle parks. They are wonderful. And the library. The same COlllment And although she didn't say that she was so please about the referendum. I know her well enough to tell you that if she were standing here and say tile referendum passed and how glad Dave and I are about that She would say that. She said tell them about the freedom we felt when we were here. ....-.._._,."..".._.._.~.~..IItltJtiI.- -16J1 .'."u.. . p... JI'-- ~_~_IiIft..-l!'I''l'1I. ' ..-......-..-.... .. r I i I I i 11 ~ 'W y.. -1 .., I 1 ,: J I " ~ r I , Vl<lyr -. I ,. ~ , . IJ' 1"'1' _ !!1M ....'1 " , I ;< #2 page 2 And we hope to have that wherever we go. It is certainly so here in Iowa City and we feel very comfortable about that. She said and tell them thank you very lUuch. And then the Mayor Pro Tem and I turned to David and he said I am awe struck. I am awe struck. My gosh. The key to the city. The proclamation. I am awe stmck he said. He took a deep breath and then said that I am seldom speechless but this time I am. He said tell them thank you very much. Thank you very much. i' ' , I I I I I i " ......_.,.~".,--...,..-----..... - I -. Agenda Iowa City City Council Special Council Meeting July 14, 1992 Pags 2 I ___~ ~..._..-...~.__&.ii"'" (2) Letters regarding the proposed pestic;de ordinance from: (a) Pete Brokaw (bl National Association of Letter Carriers, Local No, 483 (25 signatures) (3) Memoranda from the Civil Service Commission sub. mitting certified lists of applicants for the following positions: (a) Maintenance Worker I - CBD (bl Parking Enforcement Attendant. Parking (c) Maintenance Worker II - Parks (d) ClerkfTypist, Solid Waste - Refuse Division (e) Mass Transit Operator. Transit (f) Parking Cashier - Parking d. Applications for City Plaza Use Permits. (1) Application from Jacqueline Gharib, representing WINDS/Comadres, to set up a table on City Plaza on ' July 12, 19 and 26, 1992, from which to distribute information and offer crafts for donations. (approved) (2) Application from Sierra Bruckner, representing Anti. Racist Mobilization, to set up a table on City Plaza for the purpose of distributing literature on July B, 1992. (approved) (3) Application from Mike Henry, representing Latin American Human Rights Advocacy Center, for permis- sion to set up a table on City Plaza during the period of July 7 through 19, with the exception of July 8, 11 ,and 18 when other organizations have permission to use the Plaza. (approved) (4) Application from Carol Hauenstein for permission to set up a teble on City Plaza on July 12, 14 and 15, 1992, from which to solicit signatures on a nomina- tion petition for Ross Perot. (approved) -... i .....~ ~. --.....lill ....-.----- ""'rOiilII!!: "1 " , I .! , ,I -, Agenda Iowa City City Council Special Council Meeting July 14, 1992 Page 3 3. Applications for Use of Streets and Public Grounds. (1) Application from the American Heart Association to , have a Cardiac Bike Classic on July 11. 1992. (approved) iii (2) Application from the Downtown Association to havo the annual Sidewalk Sale Days on July 16 through 19, 1992. (approved) (3) Application from Jeanette Moler for the use of Wheaton Road for a block party on July 25, 1992. (approved) AfH./J /4-1 / Y("'~h % END OF CONSENT CALENDAR ITEM NO.4- CONSIDER A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT IN CONSIDERATION OF THE LOCATION OF PUBLIC STREETS IN NORTHEAST IOWA CITY BETWEEN THE CITY OF IOWA CITY, IOWA AND AMERICAN COLLEGE TESTING (ACT). 9;;)- a/D Comment: This agreement has been negotiated with ACT and stipulates certain conditions for the extension of public streets in northeast Iowa City. This agreement is necessary for ACT to proceed with long.range master planning for their campus area. This item was deferred from the July 7, 1992, Council meeting. A letter from ACT is attached to the resolution. Action: ;Jn~lm~!J tUJ t1--1W/N/'~ ~,V~.A.J Yh ITEM NO.5. ADJOURNMENT. Iller ht6 /~.'/51.m . atI~ J , I l ; I , ; , J . _._......_..'"___.~..J'''QOr~ ~'. ..-.-.......a .- -"1 i ~ ..:.......:-..-....--. UITIM:&!i',___ . , 'I " , ' I -. #4 page 1 Courtney/Moved by Ambr., seconded by McD. Discussion. Kubby/ I had a question as to why there wasn't a separate item for public discussion on this ,issue. We had decided. I know that it can happen here but it would have seemed nice to have a separate item to make it really clear. Courtney/Really clear to who. Kubby/ To the public and to us. Courtney/ The public knows. They are here, It is open for public discussion. Does council wish to discuss it before we open it to the floor. Kubby/ I prefer to hear the floor first. Courtney/We will open to the floor for discussion on this matter. Let's let everyone speak once before coming back for a second shot aUt. John Hayek/ I have been asked to represent ACT in connection with this matter and advise them in connection with the land exchange and legal issues that are involved with this development. I am going to keep my remarks very brief because at tins point I think probably all of you know a lot more about this matter than I do. And I doubt tat there is very much that I can tell any of you that you don't already know. What I do know is tllis. And I am just really quickly to summarize some points that I think are important to develop a context in which to have tllis discussion. ACT has been and wants to be a good citizen and a good neighbor in Iowa City. ACT, Amelican College Testing Program, is a prime Iowa City business and employer. It now employs over 875 people. It generates over $350,000 annually in property tax revenues and I am given to understand that ACT has just authorized an addition of over 70 new jobs or employment positions at the company. As you know ACr wants to expand its operation furtller in Iowa City. That expansion we submit would be good for Iowa City. ACT is the kind of employer and kind of business that any community would prize and I know Iowa City prizes. Expansion would create more jobs. More jobs for our economy. Generate more tax revenues for our government. It is my understanding that ACT wants to make infrastructure type expenditures this year on the order of $4 million. This is a lot of money and a lot of development and it would be done by ACT as a preparation for a planned expansion of their plant by adding over approximately the next 25 years about 450,000 -- ",~., .. 'I I , , I , '. ,:", ~... . .. .J .. , 'I , , , -, I #4 page 2 square feet of buildings and ob\~ously a great deal of new jobs and new opportunities in our economy. Now the resolution before you tonight, as I understand it, and the agreement that the resolution approves, is really a preliminary planning kind of agreement or document. It is certainly true that if ACT for closure of Old Dubuque Road, which they will obviously at some point do, that will be an action which has significance. But it does not commit the city to, as I tmderstand the agreement, to any particular actions with reference to other roadway and other infrastructl'fe improvements other than it pertains directly to ACT. Again, you have a lot more infonnation than I do about the background of the negotiation of this agreement and the discussions that have occurred. I want to address a couple of items that-one is of concern particularly to us. The other is of concern I know particularly to the council. This is also a concern of ours-of ACTs. One is that I know that the council is interested in knowing whether or now ACT program is really to work with the Hunter family in providing some kind of access arrangement for their operation. Their farming operation. It is my understanding that ACT representatives have discussed access with the Hunter family and are willing, that is to say ACT is willing to allow the Hunters to have a access through the ACT campus area. Through their property to give them direct access to the Dodge Street highway as long as it is necessary. Until some otlter kind of alternative access is provided. ACT is thinking here in terms of some kind of road or lane type of arrangement that would be controlled by a gate of some sort of gate structure. A control structure of some sort that would be for the Hunters to use and ACT to use. So it would not be a general public access but ACT is certainly willing 0 make that kind of arrangement and that kind of commitment with the Hunter family. We do not know whether that kind of arrangement is acceptable to the Hunters. I know that Gary is here tonight and other members of the Hunter family. And they will no doubt speak to that themselves. But I wanted the council to know that ACT is willing to by to address that problem in a way that would hopefully meet their needs and also at the same time meet the needs of ACT in terms of providing for the development of their campus area. A second issue that I want to touch 011 is one which has risen or come to our attention very recently. That is the question of tile title. . . ." " ...--------....----...._&'--.-- -- -.-. -'_.....~ --.:' nr --. _ -~...... _ .. I'IBUlflWll ...... iT~r ''I.,.." 1~ Will '>' T .. "'V , ., , ':'1 " , ' \j"(,,:':/D;F;;<":";;"":' ,'. ',;,"; '-;,:;:0f'r'i'.;;Br~ ~!'X;}'1";q;!:~l~~ ~.~~::~<~:'i;0'?~(~:?>,f :'" "jPI,', '~I' L., ././,., ./i,",,!~- . (.",- ;,-.,/,. '.... :.: .~.., ,1<:'/1$ "., "I' I'" .., . ./~';.' ~.:~..:..;.:~..~.......A'''''" .~'-..:..", . " : ~_~;:::,~.-:~~';"'0.-'.~<," . ,..,.....J",.". ',..- '.. I M page 2 square feet of buildings and obviously a great deal of new jobs and new opportunities in our economy. Now the resolution before you tonight, as I understand it, and the agreement that the resolution approves, is really a preliminary planning kind of agreement or document. It is certainly true that if ACT for closure of Old Dubuque Road, which they will obviously at some point do, that will be an action which has significance. But it does not commit the city to, as I understand the agreement, to any particular actions with reference to other roadway and other infrastructure improvements other than it pertains directly to ACT. Again, you have a lot more infonnation than I do about the background of the negotiation of this agreement and the discussions that have occurred. I want to address a couple of items that-one is of concern particularly to us. The other is of concern I know particularly to the council. This is also a concern of ours-of ACTs. One is that I know that the cotmcil is interested in knowing whether or now ACT program is really to work with the Hunter family in providing some kind of access arrangement for their operation. Their farming operation. It is my understanding that ACT representatives have discussed access with the Hunter family and are willing, that is to say ACT is willing to allow the' Hunters to have a access through the ACT campus area. Through their property to give them direct access to the Dodge Street highway as long as it is necessary. Until some other kind of alternative access is provided. ACT is thinking here in terms of some kind of road or lane type of arrangement that would be controlled by a gate of some sort of gate structure. A control structure of some sort that would be for the Hunters to use and ACT to use. So it would not be a general public access but ACT is certainly willing 0 make that kind of arrangement and that kind of commitment with the Hunter family. We do not know whether that kind of arrangement is acceptable to the Hunters. I know that Gary is here tonight and other members of the Hunter family. And they will no drmbt speak to that themselves, But I wanted the council to know that ACT is willing to try to address that problem in a way that would hopefully meet their needs and also at the same time meet the needs of ACT in terms of providing for the development of their campus area. A second issue that I want to touch on is one which has risen or come to our attention very recently. That is the question of the title. ".) " .._.,_.._"..".__,~,''''' "~'-'--~.'Il .... ---'-~--r"" -- j6- '. It .4 1- r I - ..r - -..,... - ..... _ ~_r"Jr ~ - .... ~T ,...~ .. #4 page 3 The legal title to the land lmder or within the boundaries of the Old [)ubuque Road r.o.lV. I have been abie to review memoranda from the city attorney and the city engineer. I had the opportunity to talk to th~m and the city manager about this. It is apparently the case that there is a question as to who owns the land itself. This is an old road. Whether easements were acquired. The title was acquired. These are things which I certainly don't know the answer to at this point and ACT does not. So what we would like to urge you do do. What ACT wants to make clear is while we do want you to go ahead and approve this agreement, we want to be able to investigate that issue before signing the agreement. Before permanently committing ACT to au excbange of one piece of property for another, ACT wants to make sure that they will be able to make the kind of use of the property that we are getting. That is to say the Old Dubuque Road r.o.w that they intend. We hope that tllat investigation can be done quickly. ACT will-is willing to undertake that investigation at its expense. We know that we will have the cooperation of the appropriate city staff and otller persons. I think that it is probably a matter of investigating the old records of the court house and state and county records to determine who owns the r.o.w. But we want to be up front with you in telling you that. That is a concern of ours. It is something that has only come to light within the last two or three days as far as we are aware of. And that we do want to look into that further. Basically at this point we are- the ACT people, Dick Ferguson and Joe Pugh are here this evening to answer any questions that might arise. But I simply want to close at this point by thanking you the council for your consideration of this matter and thanking the city staff for its cooperation in working with ACT in terms of what we think is a very important and beneficial good development for all of Iowa City. We particularly want to thank Mr. Atkins, Ms. Gently, Ms. ' Franklin and Mr. Schmadeke for their assistance. And I know in singling them out we are probably omitting other nanles that should be also mentioned. AT this point I am going 0 close cUld we will be here for the duration of the evening. Thank you. Kubby/ I have one question, If for some reason after investigating the issue of ownership of the land and titles and that it ~s not possible or it is not workable for whatever reason. What are ACT's options. ,; I ~r:r:-,""'.'",,'" ~".~~c'r">'.&. ~. --1~''''--~1 OU"I_' .to:..... ~4..,. ," I I , , -" #4 page 4 Hayek! I really don't know how to answer that question, Karen, other than to say that if it runs out. Let's pose a hypothetical. Let liS suppose that it is impossible for ACT to obtain title to the land. As I understand the city attorney's advice and memoranda on this. The city has the authority to close the road and the city can and is willing to convey to ACT whatever rights the city has to us in Old Dubuque Road. The question is what rights do you have other than the rights to close it. Do you have the title for example. If it turns out that you do not have lega1title to the road r,o,w, and if it further turns out that we can't get legal title to the road r.o.w tllen I think that perhaps the whole premise to this particular agreement at least would no longer exist or would no longer make sense and presumably we would go back to either ground zero or go or we go back to some point to try to renegotiate some otller arrangement. Try to address the concerns of ACT and the community in some other way. My hope is that we won't have to do that. My hope is that there won't be a problem in that regard but I didn't want the city council to be unaware of that concern of ours. We think we need to be up front with you and say that that is a concern. I think it is something we need to address and we will certainly address it as quickly as we can. Larson! So the public understands it. This agreement tonight would not be vacating the road. It would be an agreement to take those steps necessmy to do that in the future. Hayek! That is right and again as-certainly the city manager or the city attorney could speak to this better than I. But as I read the agreement, this agreement says that ACT may initiate the process and of course I think it also needs to be stated that, as a planning kind of agreement, I recognize it as a contract. But it is really of a prellminary nature and 111ere are many steps that we have to take and that you have to take. One, for example would be having the appropriate public hearings and obtaining the appropriate public input for the kinds of things that you have to decide. There are p.h,s on disposal of property. P.h.s on vacations of roads that YOll would have to undertake and so those are things that would still be in the future. Larson! That is a problem that maybe you can touch on really briefly. I want everybody to be able to speak rather than myself for a change. If we had a publlc hearing on the closing ~....~_,._.~_..,._,......,.. .AOIrIl_r' ._._______. .... ...--...~ ---~ _.........-- -, . , 'j , , I I #4 page 5 sometime down the road and received some public input that led us to believe that it was not wise to flow through with our agreement what is our situation with respect to damages owed to ACT for not fulfllling an agreement because we had some good moral of legal cause that came up with those hearings not to do so. Hayek/ Well, Randy, we would like to be able to say to you that you sign this agreement and you are irrevocably committed to doing that which is contemplated here. i think that if we were to say that and I think more importantly if the city council were to say that you would be nullifying the hearing requirements the law imposes on you. Now-ACT understands that that is the case and certainly while ACT is trying to go ahead if this i:: 9dopted and if this is signed and implemented and make expenditmes in reliance on the concept that has been approved, by this agreement. But I certainly not authorized to waive or bind ACT in that regard but I will tell you that we are aware that you do have hearing requirements. And that you, as a result of that, if something would come up in a hearing that made you feel it necessmy to change your position, then I think you have to have that right to do that. That would be my kind of extemporaneous response to your question. Larson/ I am not worried about having that right. I am worried about what we might have to pay if we exercise that right. Hayek! I think again as we view the agreement it is a planing document. It is one that expresses as we understand it the intent of this city. And we are going to be doing things in reliance on that intent. If you can't do it in the future I can't speak for them in this regard. I don't think we would have a right to sue you. But we would certainly be extremely disappointed because if we have spent a bunch of money doing things that don't get done ACT is I am smc going to be velY unhappy. I don't know if I can iIIucid that any further. Larson/ That is fine. I wanted 0 get that in the record. Thank you. Hayek/ Any other questions. Thank you very much. William Meardon/ I represent some of the property owners in the area and I don't need to tell any of you, particularly !vir. Larson, that you never have two lawyers a that wlll agree on almost anything. But the one thing that I agree with ...... -,-_..__..~- lI"Wlr,..~hI'...\I_. I....~ "'11'" - ....- - - - "'-. #4 page 6 completely with what John has is we don't know at this stage many of the things which I think would be very important. And I thought that I could best serve you by simply asking questions that I think that if I were up there. Thank God that I am not. I would want to know before voting on an agreement as this is. Unda was kind enough to send me a copy which I received this morning and I have these following inquiries. The first is that I assume this roads is classified. There are requirements for classifications under Chapter 306 of the code and I assume that this fits under some classification. The information we have is that certain areas of the road the city has an easement. My question then is by conveying an easement or can you close the road by simply saying that I am going to give up the easement. Does that mean that the road is closed. Because you do not have the underlying fee. I don't know the answer to these questions. I am just postuiating that this is a good thing to find out before you sign the agreement. There is mention here about the IDOT owning certain portion of the road. What is that position of that body. Of that entity. What do they want to do or what are there feelings on that. When you say in the agreement that there a mutual benefit to the public. I would like to have that defined. What is that. When you say that you are going to receive market value in the exchange. What is that. Speak to me in tenus of dollars. As I read through the agreement. If the new roads are put in in the south area, do I understand that any assessment procedures are being waived as far as ACT is concerned. That there is some exchange for the r.o.w. for the any possible assessment regardless of the use. I think that this is something that you should know. What does ACT have to do under the terms of this agreement. What requirements are there. Now I would like to ask the question that has relevance to something other than ACT and that is that when you have an J.)NRD that you submit, can you get approval in phases. Linda, you probably know that. If you can get approval in phases. Because that is what you are agreeing to here. Lastly, but certainly not at the end of the common spectrum, do these people have a claim for damages by reason of closing the road. Under Chapter 306. Is there a claim by anyone. I submit to you that all of these questions and probably a lot more are relevant and 111at you should know the answers to these. Or - . ...,...~......#",.-..", -....-.....---- 1..--"---'" --L 'I I , I':: \\ ' I .1III'\1IA." Jt . ~- .~ . '" #4 page 7 ". have a good idea on them of have opinions expressed to you on them before you sign and before you pass a resolution. Thank you. Courtney/ Any other comments from the public. Jim St. John! I thought that there would be a lot more comments. I would be willing to wait. First of ali !vIr. Meardon did aliude to something that I am going to touch on now and that is the mutual benefit to Iowa Citians of ACT's expansion. I would like to read to you a letter that I wrote today that I think epitomizes or encapsulate what I feel a lot of people in tins community know because they have lived it (Reads letter). Thank you very much. Audience/ (can't hear) St. John/ My name is Jim St. John Larson! Did we get that letter, JLll. I didn't. Okay. Thank you. Courtney/ Any other comments. Dean Hunter/ Me and my family family farm and use Dubuque Road as an access for our business. Last week I asked some questions, and we've had a week to think about them and hopefuliy get some answers. Answers in my opinion should be answered. Q].Jestions that should be answered before you pass the resolution. I talked about our access during bad weather, And getting an emergency ver..:cle to us if we needed one. And I was wondering if anyone had an answer for me? Horow/ Dean, I drove out there as did most of us. Is your farm located on the corner of Rochester and the Seven Sisters? I-Itmter/ No. Horow/ It's off and to the right? Hunter/ It's about a half mile north off of Rochester, right. Horow/ All right. Hunter/ As they go over the hills there's a long lane to get back there. Horow/ Does your property touch on Rochester at all7 Hunter/ Some farm that we farm does, yes. Horow/ But do you own that property? Hunter/ No. It's in the family. Courtney/ I'm a little curious as to what affect as to emergency vehicles. ambulance, that sort of thing. Ihmter/ Granted it's hopefuliy one in a million chances but adverse weather conditions when the people that work down there could quite possibly have to walk down to even get there and _____ ...."~_. ......--..-- 1...-.' ~ ..--.. L..:i '-'---"--P """'.... ..,. , ',I .'j , , I !l ',', I ~M.lrwio. r - ..... ~1f- a-""4iI'-.-....io..o.::-.....::.~ - - - ~;:-v I -, #4 page 8 I work during the day. And that was what I was referring to. Sorry if I didn't make myself clear. Atkins/ Can I comment on that? And Chuck is in the audience. That road, closed or unclosed, will continue to be maintained by the department of public works as long as it's in the corporate limits of the city in the condition that apparently exists. That won't change. Hunter/ Maybe it should. Atkins/ Yeah. That doesn't change. Hunter/ Maybe it should get better. Atkins/ I'm saying it doesn't change. That's the question you asked. Larson! I think that one of the questions, Dean, would be that if emergency vehicles came, they'd come down Rochester and get to your place. They wouldn't be going through the ACT access probably anyway. I think that's one of the things that's occurred to some of us. Obviously, two access points is better than one. But I think in terms of the emergency vehicles, at least in the present state of configuration of where those vehicles would come from, they probably would be Rochester. Kubby/ It matters where your emergency is. Hunter/ It was also refereed to that there are a lot of residential areas that are dead ends. Our road would become a dead end if Dubuque Road was closed. Those people bought those residential areas by choice. It was a dead end before they knew what the deal was. We were annexed into the city and we had no choice. We don't necessarily want to be in the city. Dm, Courtney/How much of your land got annexed. Hunter/ I can't answer that for sure. I would have to- Courtney/There is some. Hunter/ I guess the main thing is the road was annexed. Courtney/ Not the house or the land. Hunter/ The land,yes. Not the house. Courtney/ Okay. Nov/ Isn't it just a narrow strip of land. Not the entire farm. Hunter/ It is not the entire farm. No. It is not. It is land. In the agreement between Iowa City and ACT-I am going to read here for a second. "Whereas ACT has sought and received insurances from the city that the city will take certain actions considering ACT's development and that the city will also I _~?t.......~_....... . ....~.."..,.......-........,.--. ."...",.,.......__ --"'J . "'I , , , ' , ",' . , I I I i i i , i ,I I I , i , ,"! . 'i "'...... .."1 , , ' ..! -. #4 page 9 refrain from taking other actions that might impede said development all in consideration of ACT's commencement of improvements necessary to carry out the first phase of ACT's master development plan./I Does anybody know what the first phase is. This is something we are voting on tonight. Horow/ We have seen- Ambr,t It is laying infrastructure. HorO\v/ We have seen the footprints as it were of where these buildings would go. Hunter/Is that the first phase. Horow/ Yes. Hunter/ Does Dubuque Road need to be closed in order for them to do that. Horow/ According to the way they have done it, yes. Hunter/ That is a question that they can answer too. Okay, I'll read on here. Whereas it is in the public interest of the City of Iowa City to protect the public health, safety and welfare of its citizens by balancing the potential development of the northeast portion of Iowa City and the potential movement of traffic in this same area. Is closing Dubuque Road going to protect the public health, safety, and welfare of its citizens. And if so, why. Horow/ This is a very quick knee jerk reaction to this. But I am amazed at the number of people who have suggested to me that that road should have been closed a long time ago. The accidents that have taken place there with young people. Hunter/ I think that maybe they would be better off to suggest that the road be improved. Horow/ Either way, I have heard that bu that is hearsay. Hunter/ That is exactly right. In the mutual promises, ACT is taking a lot of power away from you people. Every road in the Iowa City comprehensive plan they have control over. I don't know what is happening here but that doesn't sound like a very good idea to me. Who is managing the city here. Horow/ Would you like to embelllsh that a little bit. You lost me. Hunter/ ACT is taking a lot of power away from you people. Horow/ How so. Hunter/ By suggesting where you cannot put f1lture streets. Horow/ But they are not telling us where they are going to be. And we have-certainly a person could come up with some different ~' . ' I . ~ -., ..... _ If - - "W.,,~ .... -- - ""'1 , , , -, #4 page 10 designs given the topography. I don't see that that takes away the power. It sort of helps us as a matter of fact think a little clearer towards that. Hunter/ Okay. Personal opinion. I feel that it takes some power away fro you. Larson! Dean I don't think it is possible for each of us to respond to all of your questions. When evel}'one is done some of us will try to respond to as many points as we can. That is why I am not answering any. Hunter/What had ACT promised. How many-I mean, the figure of 100 jobs was thrown out last week. Are we sure of any of this. In conclusion, last week we talked about how we could argue this forever. And I think that was a good point because there are a lot of unanswered questions. And to vote for this resolution it seems like that lnight be a bad idea at this time. It just seems to me. Thank you very much for listening. And I am finished. Horow/ Dean, I really am very interested in the outcome of your deliberations with ACT on tlle limited access. That is really what I am really most interested in. Hunter/ Okay. We met with ACT Thursday. We went over-had a real nice conversation with them. At this point we just can't come to any sort of agreement. If the road is closed we absolutely positively have to get through there. But we are talking about driving through parking lots. How full are they going to be. How convenient is that going to be. We sometimes have to get semis, truck and trailer, down to our fann and generally they come that direction. Always they go that direction either in or out. One of the other. Just because of the hills going to Rochester. So, if the road Is closed it is absolute that we will need an access. Horow/ And there is no other way to get to your farms north of 1-80 than through that route. Hunter/ Yes. That is right. Larson/ You can always go through town or further east. Horow/ What would happen if you went Rochester to the over the 1- 80. Local Road. Hunter/ Sure, we can do that. That turns a less than 2 mile drive into six. And we can't take farm equipment onto interstate. Horow/ No. I don't mean onto interstate. I mean over the interstate. .'..1 :) .,! - ____ - __._ - ~~--- --Y'-- ...........~.. --- -____""1.. ~ .- - - - ~"If ~,'~:'"..:-:~\ x~\-.., '0 , "'--',_";'l~'~::i',,,'.::;;.l-L '::::~:~:~.'~~~:'_'iL~~~~~~~~..~::<;': ~~;;~{ ,\::::.,i:;5.>':'>~>~,,>~:,:'.:,~:;::~>, (:'~,:'~':'~i,,3:..,:\" .':;:' ,-::'. {:;,,~; '.", :'" I(~rl; .,:t.,/:::,t: : .,:/,:-;1,\ ~11=:1~~:l:" .:.~,. ~"':. ,,::. '\";$.~.,::" )""';'~:',~.'..i '.: < " ..~.JTI;f :.~:.'t.:.l.~: ..i~. ~"\~ ",~'..J.{' t ~.:-. . '.:;" ,t' ,', t.' '.. ", #4 page 11 I Hunter/ Going over interstate. Yeah. I don't know how far that would be. Horow! But that was not discuss during this meeting. In other words, alternative plans. Hunter/ No, it was not. Weare interested in getting to Highway #1. We can get there, sure. Horow/ Was ACT knowledgeable about the fact that you had semis that would be going through their property and yet they still agreed to let you do this. Hunter/ They were knowledgeable that we had a lot of traffic. 1 don't know that we mentioned semis for sure. We did mention heavy farm equipment. Horow/ How many times a year did the two of you talk about this. In terms of the exchange. How often. Hunter! Hunters and ACT. Just once. Horow/During the conservation was it discussed as to how often a year you used. Hunter! No, it wasn't discussed. It was not. They basically said the access would be for us. My feeling whenever we wanted to use it. Obviously it would be inconvenient and we would try to get around it when we could but just because of the inconvenience. Horow/ There would also be an inconvenience on their part. They are almost buying a pig in a polk. Both sides really have inconveniences. Hunter/ Yes. They are not inconvenienced right ,now. Larson/ Dean, how many other farm families would use that road to , get north. Are you the only one. Hunter/ We are the only one in the immediate area. It is used by implement dealers and other farmers in the area. Just to get to the other side of Iowa City. It is a col'venience situation as opposed of going through town. Larson/ You are the only famiiy along there that has almost a daily reason to go up nOlth through there. Hunter/ Yes. Larson/ The rest of it is traffic for people going to work to ACT or just people passing through from northeast to southeast or whatever. Hunter/ That is right. Larson/ Thank you. Hunter'! Any other questions. ..._____.,__....'__.~ ___.__....="b. JI 'lI . .,., " , , I " :1 . "'1 I , , -, .; , #4 page 12 \', . Courtney/The land you are tryirg to access isn't directly on Highway #1. It is off of-you turn off of Highway #1 and come back to the south. Your other piece of land that is across the interstate. Hunter/ Um huh. That-we just want to access Highway #1 for business reasons. Getting to Interstate 80. Courtney/ Not so much your other piece of land as it is Highway #1. That is what you are most concern about. Gentry/What is your destination. I don't understand if you are going north or south. Hunter/ From our farm. Gentry/ Your access to Highway #1. Hunter/ Our access to Highway #1. Where we go when we get to Highway #1. Gentry/ What is your destination. Hunter/ There is a lot for them. Gent!)' / If it is not your farm on the other side of the Interstate. Hunter/Excuse me. It is not just for farming. Fanners to businesses ill Iowa City and Coralville. We need to go to Solon. Gentry/Where do you go. Hunter/ You want to know specifically. Gentry/ Yes. Hunter/ McCabe Equipment. Gentry/ Which is located where. Hunter/ Coralville on Interstate 80. We buy a lot for hay and we would like the road to Solon to be as easy as possible to get to. r guess I am fmished if there are no more questions. Thanks a lot. Dave Curry/My wife Donna Freedman and I live on Bristol Drive which is probably a half a mlle from ACT. We have been living there for about seven years and we have noticed a considerable increase in the traffic coming up Highway #1 sh1ce we have moved there. Certainly the Press Citizen building opening there has added to that. When ACT increases in size and the traffic on Highway #1 increases as well. I understand there was an accident on Highway #1 just today, There are no lights. There really hasn't been any hl1provement in that highway as the traffic has increased. I suspect that there is a number of people since First Street Extension is not built and is only being contemplated. Apparently some time in the future. I suspect that there arc a number of people who come through I _.__A'~.~."""__~'_~ -..........- - !""""1J;.'....-. _........--......."""~- . Ir~ "..'H.~" I , , -, #4 page 13 . Highway #1 that way because there isn't a direct route who would take the extension. Closing off Dubuque Road and closing off the access that is being contemplated will just increase that traffic And having another 150 employees which ACT is talking about would just increase that traffic. It seems to me that it is incumbent on the city to make provisions for the people who are presently using the road and who will need to go in that direction in the future and talking about a possible road. A possible road ten years or more in the future it seems to me the city is not planning properly for that-for people who need to have CHANGE TAPE TO REEL 92-68 SIDE 2 Dave Cuny/ In talking earlier today who actually live on Dubuque Road or use it on a regular basis. I certainly would be concerned about the people who are taking other routes through there and taking Highway #1. Courtney/How long have you lived on Bristol. Curry/Seven years as I said. COUltney / There was a dramatic improvement in that road several years back. I am not certain how long ago it was. It was widened. Curry/There has been some wIdening. On Highway #1. What I am refening to is the-certainly the Press Citizen opening. If you try-at about 4:30, if you try to go anywhere through there when ACT is going and a lot of those people, as I understand, head east on the road you are talking about closing. If all of those people have to come out to Highway #1 without a light or something there. I think we are going to have even more problems. Larson! Dave, I just wanted to point out that being a highway, it is somewhat up to the state when we can time improvements and we have been talking about it with them. It is going to happen at some point. Certainly there is going to be some dlscussions about that. It is not being ignored but it is kind of dependent on them being convinced that it Is time to do tllings. Some long range planning about maybe Highway #1 being moved and some other things. I think that we all recognize that the traffic is a sore spot in town. , ,j ,':1 . ::. ___'lIII',,_ - ....__.- ~_.. ._ 41 -~~. ~--~--" - - _.- ~ ._ -v ~ 9p.7'V . '" · "w · "1 ", , ' -, #4 page 14 Curry / I guess that the main point for me isn't Highway #1 but planning for the future. If there is talk about extending First Street. Is that really going to happen. If so, when. And what are the people going to do who need to be traveling in that direction with the road closed. Thank you. Jeff Larson/ I have spoken with you before. It is still not clear to me what the language of the contract reads. Specifically concerning the alignment of the roads themselves. I think I have spoken with a couple of the council members and they indicated that the aligmnent is not certain and especially the east west road is not set. And yet the contract language seems to define it clearly. Where is the nib here. Kubby / That is the question I had too. Part 1 of tlle actual agreement where it says "parties agree that the aIignmem through ACT's property shall be roughly in the corJiguration shown on the attached E:illibir A." And that is what we are calling Scott Extended. Jeff Larson! If it is indeed aligned as it is here then there is no choice when the road is sent east. I'm sorry, sent west but to go through our house. Although everyone has said that that is 110t the policy that the city council has, I wish you would address it sp;:cifically. If it is going to be here, it has to do that. Horow/ I don't agree with that. I think that when you set a boundmy that excludes affecting ACT. In other words, bisecting ACT. That does not necessarily set what you are going to do somewhere else. And this particular attachment A I think is inadequate. Rather we should attach a larger map that shows a different direction system where these roads can go. I can sympathesize with what you are projecting light now. Jeff Larson! Even though that is your interpretation doesn't the language say something other than that. Horow/ No. Larson/ I happen to agree with you Jeff. I don't think the language is-it certainly misrepresents my feeling about what ought to be in there. I think what I wanted to say and I am not saying whether I am voting for any agreement at all at this point. The way that I would modify it would be to read that if the city elects to put First Ave and the east west street on ACT property then it shall be in roughly tl1is alignment. It doesn't exactly say that. It says that we agree that if we do those extensions this is going to be the allgmllent and I don't think . ; ~ I , ."1 I , , -, #4 page IS I that is really accurate because I think Steve Atkins and Public Works has said all along we are not setting the Alignment with this and yet the agreement kind of does say that. Steve just the other night said all it means that if we do put it on their property then we get the land free. Which would be an advantage to doing it that way. That is not exactly what it says in my mind. Jeff Larson! That could be clarified. Larson! I would amend that before I would vote for it just on that issue alone. Kubby / Linda, you were shaking your head no. Gentry/ It says very clearly the alignment through ACT's property , shall be roughly in the configuration. Kubby/ Alright. I guess my concern is that we had talked a few times about extending Scott north. Not south of ACf but north. Even north of Northgate. Gentry/The Compo Plan anticipates both going north and east west or west. Kubby / Does this preclude us from going further north. Gentry/ No. Horow/ No. Not at all. Gentry / Thls is really doing exactly what the Compo Plan says we were going to do. Horow/ The sentence before parties agree says "So also Act and the City agree in the event the city elects to extend Scott Blvd t the west or to construct an east west unnamed arterial running from Scott Blvd to the west. Larson! What is misleading is the next paragraph which says "Parties agree that the alignment through ACT's property shall be roughly in the configuration". And that does not take into consideration the possibility that the extension would not b~ ail ACT's property at all. Which is certainly a possibility fur First Ave. anyway. That is the rub on where the ]~riguage isn't' consistent with what we are trying to do. Gentry/ Well, the whole point of entering into tlle agreement is that we are trying to avoid bisecting ACT's campus. We are trying to cut off an option but I don't think that it sets in stone any other options. If we want to- Larson! I am just saying that it helps either sides position to say that in the event any of ACT's property Is used it would be in this configuration rather than say when it is e.xtended it would be .. ; ___.~__._nd..____~_4- ..., I ---- - .",,-- ." ,. __ ..,~. A _ 'T J:I _'__:...:__~________~___ ~ ..,."...~ -, - - - - . #4 page 16 in this configuration. Because that is really what it says now. I am just saying that it doesn't hurt either one of us to say this doesn't mean we can't put First Ave. of the east west street on somebody else's property entirely. It just means that if we do use ACT's this would be the configuration. I don't think it quite says that yet. I don't want to get hung up on that here. There are a lot of other problems to deal with to. Gentry/ We could make another stab at it. But I thought that is what it said. Jeff Larson! We haven't been updated. Ours does not say roughly. Gentry / I don't think you have the latest version. Have to make that available. Larson! We just got it yesterday. Nov/ We all keeping this thing flowing. It is not set. The agreement or the road. I have a concern about the access road that you have. Driveway or whatever. Are we certain, Steve or anyone, that the road is closed to the east after this driveway from his driveway to Dodge Street is still open. Atkins/ The Larson curb cut remains open under this agreement. At some time if you choose to exercise the option of pursuing First Ave Extended then those issues have to do with the acquisition-whether it goes through your house. Those are all- at the time you would choose to do First Ave. his curb cut on that street does not change wit this agreement. Nov/ There is another house after his further east. Is that one affected. Atkins/ Same principle. Same thing remains. That curb cut remains. Jeff Larson! I appreciate that clarification. Thank you. Kubby / I need one more clarification on that point. If for some reason we would decide not to do the southernly extension of Scott Bvld going west. But only wanted to do the north one for whatever reason. Would this agreement preclude us from just choosing the northern route. Gently/No. No, not at all. Joe LehmanI I talked briefly last week. I want to just mention that I use the road for farm equipment to get the Highway #1. I came tonight not really going to say anything. I just more curious how outcome was going to go on. But after listenIng to Dean talk. It doesn't bother me for farm equipment. I can get to where I have to go. Just a matter of time. But this past winter I sold hay to the Hunters and I don't think you quite ..~....__,_..._..__..~,..~-_r.L)!iI --- Hi .,--_........._...__..--_.,-~ -- '- --. ........ '" ...... ., ,." I " , I ..,' j. ........Il.." J - . -, #4 page 17 understand what it entails going that road from their lane south to Rochester. Their is no way that you can get up that when there is ice. And I think that that has to be addressed. And that is why there have got to have that access coming fi'om ACT. Nov/ Are you talking about ice on Rochester or on Scott. Lehmani Seven Sisters from Rochester north to their driveway to their farm. And I have hauled hay in probably about once a week to them and we worked around it around last year. If we thought a storm was coming I brought it in. There was times I know the City had closed signs on the road. And we were fortunate last winter was a mild willter and ice melted off pretty quick. You get a hard spell it is hard to get off them hills. I think you are going to have to address that problem before you go and-just sitth'1g here and listen to people talk. I just didn't feel you people maybe understood exactly what Dean was Ilying to say about having to have that other access. I said that we probably haul hay into there about once a week. There are a lot of other stuff that goes on. Other feed comes in. Live stock, veterinary, cattle going out. I think it is sometrJng , that you are going to have to look at. You are going to have to look at it really Closely I think. Until you have actuaIly been on that road with ice I don't think you really know where he is coming from. Ambr/ Joe, where do you work or live along that road. Lehman/ I am more east Iowa City. I live-we have ground east of Iowa City. We have hay ground by High Pl)int gold course. Ambr/ I know where your faml is and your parent's fann. Do you work any where along that Scott Blvd.-Seven Sisters area. Lehman/ No, As I said, I don't-I use it to get to some ground over on Highway #1 at times. I got hay over there. As a matter of fact I get hay from Dr. McFarland this year. Where his property is. That Is when I have used it. I said I sold hay to Hunters last winter and really I don't use that road unless I have to. I don't like to use it. I use it to take hay into them and there was times we just couldn't come in from there. HOl'OW/ Okay, if they were getting hay from you and they had the agreement with ACT to move the hay through ACT's property, isn't that alright. Isn't that what you want. Lehman/ Yeah, but I don't think you quite understand. For emergency purposed too. The middle of the winter chances are .__._....._~___AI"- ......... , .M. ...._ _,,_w __........ .... ~ ntAl_ R''1__'' - [ ! I I I I ~ ., I " ./ I , -. - ~ w,.w - ,p~ "1"1 #4 page 18 that lane or whatever there is going to be. It is not going to be in much better shape. Boraw/ You mean for anything other than hay. In other words, you are not worried about getting the hair to them because you would be able to use ACT. You are worrying about something else. Lehmani Just from listening to people talk here. I just didn't feel that was addressed and I just think you have to look into closer into that !xcause it is a pretty dangerous situation out there. I gncss it really caught my eye last year when Dean told me that he thought there was road clearance and bring some hay over and there was road closed sign at the end of the road. Because the road was too icy from coining in from Rochester Ave. Borow/ So what did you do. Lehman! Be told me that he thought that it had cleared enough. This was like two or three days after the ice storm. I made it okay. Luckily. I had a truck with about ten ton of hay on it. Plenty of weight but I didn't want to go down it with a semi. I just had a regular straight truck. I know they sent a lot of cattle out in semi loads. Out in the country the thing was pretty well know. 'They have been there for a pretty long time. Most of the fanners that go on interstate, we can see whatthey have gone through once. Interstate has already cut their land in half. I just wrdlted to address that. I think you should look into that problem. Borow/ Thank you. Rachel Moss/ I am here to read a letter that my folks wrote to you. They are unable to attend today because they are home milking cows. But after I read the letter I have a few comments of my own to make. (Reads letter) I have a few comments of my own. After listening to tile discussion here tonight. fill' one thing our dairy farm also gets hay from Lehmans. So I am not sure how they deliver it. If they use that road or not. But listening to Dean talk about having to go through a parking lot to use or to get access to their farm fields Is something that I am velY personally aware about because when Interstate came through years ago our fann was also divided and the fields are on tile nOlth side of Interstate and our buildings are on the south and we have to go through the parking lot of NCS to access our property. Not only is that an inconvenience for us and NCS and a hazard on a _.._____._.___ _0011 _.,1__"__ ... - -.---ttlt"...!P":A__ -II-J - IilI "11:'1': ! ! . - ~ ~ 'W . .,. "1 , I , ' ",.. ,': ' " r ...... -~ -, n - ....- ~v- - - ~ ''If ~ . '1 " , ' #4 page 19 road because we have to go over interstate overpass. But it has increased our fuel bills incredibly from a straight half mile or less than a half mile trip to more than two miles round trip to get to our fields for any business that we have to do down there. It seems to me that a little more consideration. This is something that would be permanent. i don't think that they th()ught enough about this when it happened to our family and that has been since interstate was put in many years ago. But this has been a continual thing that we have had to put up willi. It is not something that has a possible change in it in the future. This is a velY permanent type of move that we are talking about. I think that it needs more consideration and a little bit more discussion. Thank you. Bob DeWjtJ I am here as president elect of the Iowa City Chamber and it an interesting discussion. I don't envy your job and the pr()cess. I do know that myself and probably many other peDple here in the room spend quite a bit of time working on recruiting quality industry to the Iowa City area. Often times somebody says well what is quality industry. Iowa City is really concerned about that and tl'ying to prO\dde that definition. Often as not its suggested that it is company like so ane! so. I would suspect that ACT is the company that is often mentioned as any other in terms of the type of industry we want in Iowa City. And I think probably-Ithink there have bee:n some comments-I don't know if all of my comments will be germane to the issue. I tIy to make them that way. I think that somehow we are moving on a lot of different sides of this issue. I tllink that the 875 people that work at ACT are probably happy Witll those jobs there and looking fOIWard to the others, I guess that was one of the thoughts that came to mind as one of the early speakers made a comment. I think maybe just really quickly the issue here was characterized in the :press Citizen today as a possible homeowner vs. a business issll€. I don't think that that is the case. In fact, the reason-the fact tllat we are here tonight probably indicates that it is an iSslle of how homeowners and businesses can coexist and farmers and homeowners and businesses. We are talking ab01Jt an urban, a rlU'al area on tlle edge of Iowa City that has developed in that direction. This area is zoned office research park. All the people are going to have to coexist. And I suspect that it is going to happen through compromise Just like 'J.,.' " .__.'_..._0'_.4...____ ~--..._"""""" -~-"""ill. -----=,..- '~"-_,u.J!!' -. ..-1---- r ... - - - ---, - ... -, .. -=r~.... " ~ . I I , -, #4 page 20 it has over the last several years. I suspect both ACT and the homeowners and people in that area have all compromised. In some instances most think that they have compromised more than others. But that is the way things get done in this type of direction. I think that the indication is that that has started in terms of the process and the dialogue that has been initiated. I guess I want to make it clear that the Chamber has not taken an issue or meant to take an issue on this particular proposal here tonight. But they do supPort the expansion of quality indust!}'. They support the expansion of ACT in the Iowa City area. And I can go so far as to say that they would encourage that solution through compromise and dialogue among the local neighbors in that area. I will also take another step and say that the chamber would be willing to help facilitate that discussion if that would be of use to people. Thank you. Tom WerderitschJ I am a business man here intown. I have been a member of the fair community for four years now and one thing that has really discouraged me since coming to Iowa City is the fact that individual members. And I speak as an individual tonight. Of the business community do not come up and back our businesses that are successful and that are providing employment such as ACT is. Too often we are worried about the controversy, about losing, about having editOlials written about us. I think that time has to stop. I don't think this issue should be a rural and city issue. And also I do not think it should be a resident vs big business issue. I personally wl11 be affected if the first Avenue extension goes on because I live just off First Avenue. But as far as rill concerned, you folks have been here a lot longer. You know a lot more about the company than I could possibly know. And I would trust your judgment and legal counsel's judgment a~ what is best for the city. That's what you're elected for and I think you'll do that duty. Thank you. Dean Thornber!}' / Oakes Drive. My only access out of Oakes Dlive area is on Dubuque Road to Hwy 1. I have not heard in my estimation any bad mouthing of the way ACT does business, of their being here, of their necessity to expand. I think they are a help to the community. A good business for the community. Surely a major employer. My problem is the potential closing of a road without a suitable near alternative. I think the council right now has a real PR problem with this one issue. I __.__...._.___.....1..---...,- .....It'II.__..__~____... - .. "_1_ 1'''''_, .. ..r - ~ . ,~ - - ,'V " .' '. ';:,'" '\:": ,,,.;,; ',,'-,.' , ....".,.,',<",'. ,;. ;:,; ,:'.:,,:,'" " ,..,-".."..".;; , ~- ;:( ,,'..,"', ""':',...,,, " !.~ i"~~r.",~~~': <!:,;H~:\ /','~;:.>'~-.'.2!j;r::,~' . ~', :~:,.',~~;-;; ::'i. ,.t.,;,; t{, ".-li;;:l~-t-r-:::"-i,,:.r'''' '"'. :";;;.:" , , . ' >%,: ,':\:~::~/:L):',. LiL :'.,:~~_. 'i.:.J':;' .:, : ',j:.... ~ ~', ;., \ , .' I, . "~ ',:" . -, #4 page 21 don't envy you. I see the problem. I don't think anybody is necessarily wanting to bad mouth ACT. I surely don't and they are a close neighbor of mine and a ta'i paying part of the community. It is the road that goes through there. It is a public road that you all are wanting to close without a suitable near alternative and I don't know what the answer is other than getting an alternative before you close the road. I don't see the problem with closing it is there is an alternative to it. That is my only point. Gary Hunter/ We met with Act and discussed a closed road. We suggested that maybe we could get an access to Highway #1 on the northside of their business. We have had no response from them yet. Larson/ Would this be just to the east of the first building that would come out on Dodge Street right about where HoJo's is. IItmter/ Yeah. Larson! They haven't made a decision about that. Thank you. Courtney/ Would that necessitate some state action as far as-they are shaking their heads back there. The state would have to- John Hyekl Number one, we think it is probably not feasible form the state's stand point. We have looked preliminarily at that regulations the state has for access to a highway like that. We don't think the state would permit it. Number 2 it is not something that we would feel comfortable living with. It puts a road right by their main building. So I think, from our standpoint, #1 even if we supported it, we don't think it could be done. But we wouldn't support it because It would not be consistent with what. Larson! Might be worse than what you got. Nov/ John, what area would be preferable to ACT interests. Hyekl I think what GalY is talking about is that the Hunters be provided or that there be a public road reconstructed on the northeast side of the ACT property from Scott Blvd. extended and curve it around a11d then basically tie right into to Highway #1 virtually-well it wouldn't be opposite Howard Johnsons. Close to being opposite Howard Johnsons, Which puts it very- Nov/ That is about where the current driveway is. The cun'ent ACT driveway. Hyek/ It would be, as 1 understand the proposal, it would be considerably east of the ACT driveway. Almost right on top of the old interchange. We don't think the state would go for that _.._---~ A _...-._-........,.~.-.... " .~-~. ~. - T - W lJ_....IW' .~ I , , ',' . ~ .", ___-'--_--.J -:-,~..::... ~ ~,~.:: '.'"i'<',."i"Y:~'fF ',~)0~":: " ?f.>:'?'}";~:{,~:.::>-:;;'~:': '~~:~~;'~C,:,;-,: ,'I, ", '... I;:;;~':l":':' .',i '1'::-"'71d,'x\.::<, J ,,:~~~k ]'~:,f~ :.; ~.::' "<~, ~ ::::",i:,~;fr:::'V:';'::::."~.i ',-:' " '. ';'!,.':: ' ~ ":.,' ,. ..::: :\.>:iUi~8 . .: .~~- ,: ,.:>": ':,:', .'. .' <-:\:;:ff:;~ ::'i; ""0 .:- ".,., . ',.' I>~:' ::~'r,,' ~>',. --. #4 page 22 even if we would, which we won't. Even if we would we don't think the state would permit a road there. ' Courtney/Any other public comments. Charlie Ruppert/Things changed a little bit since the other night. Long time ago it was recognized that there would need to be some cross road somewhere. Either east and West or north and south. The Chamber and none of you folks never heard of it I assume because there has been nothing done what so ever. I'm talking way back 150 years ago. We talked about sLx miles around for that crossroad either way north or south. If you close this road do you know how far it will be around. You'll have to go to 80, go to the Local Road, out where the auction is, come in Hoover Highway to Rochester, up Governor and Dodge to the beginning. That is nine miles and a half around. It hasn't doubled bHt it has increased. They talked really earlier about dangers. Nobody has mentioned the pipelines n the area. I dCiJ't know if you remember what problems were created with one of the major spills. There bave been several but one of them was-the burn off lasted over a week. The oil or whatever it was from Rapid Creek nmning into the Iowa River where we get our drinking supply. It will happen again sometime. Something will break or leak. Well, I could go on and on I guess and talk until morning but it probably wouldn't do any good either. I didn't thank you all but I want to thank the ones who made it necessaJ}' to have this meeting tonight. That they didn't vote the whole thing in. A fella told me the other day that they closed a road here some time back. Quite a little while ago. They said they held the hearing two weeks later. Larson! Must have been in the county, Charlie. Thank you. John Clancy / I live on the comer of Highway 111 and Old Dubuque Road. And I have just one point to make. That is I still don't quite understand why Old Dubuque Road has to be closed in order for the ACT to expand it's campus. It has been said that they don't want their campus divided. If you don't divide that campus, somebody else's campus is going to be divided. I have also heard it said that in the interest of their employees that it would be better to close their campus, I have been working that road with my wife for 25 years and never in my Ilfe have I ever felt a slightest bit of danger. Thank you. Courtney/Anyone else. ..,o~...o.. .~._~.."~_..._~~ ---. '- .........----..--.,- -- ~."'~"~~.' " i , , ',"I '" ". ""' - - jr"'MI' - .~ -.. -, #4 page 23 Mike Gatens/2045 Dubuque Road. I am not sure everybody understands that ACT not only wants to close Dubuque Road. But if they close Dubuque Road their plan is to close the entrance across from Howard Johnsons too. Now we have three access off of Dubuque Road now. The comer of Dubuque Road and Highway #1, their private entrance across from Howard ]ohnsons and the Dubuque Road gravel that we are talking about going out to Rochester. As soon as Dubuque Road is closed and they own that which it is going to take a lot of time to find out who actually does own that. Because I will tell you right now they own to the edge of Dubuque Road in front of the Tyler Building. They don't own to the middle of it. The own to the edge of Dubuque Road all along the property on the gravel. They don't won to the middle of it. Now when you get that all sorted out after you give it away have fun. Because it reverts back to the original property owners because it doesn't belong to them. But as soon as you close that they have plans to close that other entrance. So now we have three. Now we are down to one. And it does say private road when you pull iri there. 'Their main entrance. It does say private drive. But I think that private drive is for their employees. We are talking about their employees as a big percentage of this traffic. Now where are they going to go. I had a very serious injury three years ago. It was head injUlY. Could have been life threatening if I would have fallen a different way. Randy knows that story. It is kind of funny bu then again it isn't. It happened at 4:25 in the afternoon. Two small children and my wife we in the house. I call my wife. I said Julie, get out here. I am in trouble. I am bleeding profusely. She pulls out of the driveway and what does she meet. Two blocks of traffic. Now I have no problems with ACT. I have lived there'for 20 years. Good neighbors. There is IT ctrfic in the morning. There is traffic at 4:30. Bl1t I will tell you it is pretty nice there after 4:35 or 4:40. l'here is nobody there. But trying to get out of there. You talk about the Hunters and their problems if there is an emergency. I had an emergency. And my wife drove down the left side of that traffic up to oncoming traffic to get me down to the highway. Pulled out velY dangerously to get on to the highway and sped down to Mercy hospital. Could have killed all of us. She was hying to save my life. Now if you give away Dubuque Road and they close that other J'tt'1~_._____-....,:_ . . --,,- " ~ --...- \ · "~', 1 I , j J ":"-....~ ~ - .....1ilU . -, #4 page 24 I entrance traffic is not going to be backed up to my driveway which is tvvo blocks off of Highway #1. It is going to be backed up all the way passed Larsons. Where is everybody going to go. Now they add a couple hundred jobs, It is not as bad. They can do away with a couple hundred of jobs by losing a government contract. Then it is only back to Larson's land again. So they are a great employer but they can be a very big burden on our unemployment lines too. Because as soon as we lose a government contract with NCS and we have all read about them, they don't have 815 employees. They have got 600. But I think closing Dubuque Road. I can talk until I am blue in the face. Is something that you don't even know who owns it. A week ago you were talking about closing it. Voting on it. 1926, I think the public should know this, in 1926 my grandfather along Witll some other property owners sold an easement to the county. Didn't sell the r.o.w, sold an easement. In the 1960's the City of Iowa City annexed the property. No sale. When we sold property to ACT it was purchased correctly like when you buy a house you buy it to the middle of the road. Your lot goes to the middle of tlle road. You have the r.o.w. That small part of their frontage that they do won correctly. The frontlge from Larsons east to our property, they do not. The frontage from ours all the way up to the Illinois Iowa lift station I believe that they do not. They own to the r.o.w. which is to the edge of the road. They don't own anything else. If I try to give away something I didn't own and our city manager keeps saying in the best interest of the city council I was trying to get free property for you. And he puts a period on it. He forgets to say that in the exchange they are getting 12 acres of pretty good access. He never says that. Even though we all know it. Now I had a couple of you out yesterday and I gave you a ride around. Wanted to have three. Some car trouble avoided that. I couldn't have four because we would have to have a secretary to be a formal meeting. But I think I might have enlightened the gentleman I had about the expense of property that we are talking about. And we even went over to Larson's property and Jeff came out about an option for First Ave. Extended. That is in this. About never touching their property. We were talking about an option. You know it is the first tblle that Jeff and I were there and a couple of council members. Where is ACT. Why don't they ever call. I __ ___""""'_..__...._._-.-___....____4 M rr- 11 ~1I_', , " I , , . -', -- - , . ... ..... ."'1 I , i -, #4 page 25 I mean they finally called tlle Hunters. Tried to call Mr. Kral. And Ralph Kral is here tonight. He owns all the property on the east border and I think Dean might have forgotten about Ralph Kral's operation. He's got 185 acres. And with no alternatives when Ralph Kral's property is developed, A lot of people want to do that. Where is all that traffic going to go. They have no access. That is a burden on the-of what his property is worth. It is not worth as much because it doesn't have access. But we are sitting there with Jeff Larson and just talking about what ifs and we are talking about maybe going through a part of a parking lot at ACT. They have a-I don't know how many acres they have. But they have got a couple hundred acres. And if First Ave when it does come through would take a little bit of a parking lot, they got a lot of area to build parking lots. So my main point tonight other than supporting everything that everybody else has said is that we do-their employees have ' three accesses out right now. It will be one pretty soon if this isn't thought about more thoroughly. And I don't know where they are all going to go and I don't know how long it is going to take to get out. It doesn't take very long now. Ten oj' fifteen minutes. But thank God I got out as fast as I did a few years ago. I wouldn't be standing here today. And if the injUlY would have been any worse then it was I wouldn't be standing here today and I would have gotten to Mercy Hospital five times as fast if it wasn't 4:30. But with those accesses shut off I don't know when J would have gotten there. Again, I thank you. Courtney/Any more public input. Council have any specil1c questions for anyone. Larson! I have one for Steve may be. If we were to extend First Ave, this agreement would say that if we did it on ACT's property we wouldn't get assessed any portion of the cost or any assessment project. Would other neighboring properties be assessed. Atkins/At the time of the negotiation, it was considered an arterial. We would not intend to recommend assessment. Larson! So this would be 'kind of a street for the benelit of the entire community. The neighboring property owners don't pay for it. Atkins/ That is correct. " __.__.._._...__._~___l- ______.....-u...~.- __.._ - - a .....--.-~ ~... ~;~. . "'1 I , , '" #4 page 26 Larson!Okay. Has anyone looked at whether Code section 306 clalm for damages possibility here, Gentry/ Yes. Larson! Do you have an opinion about that. Gentry/ Yes. Larson/ Is it something that should not be stated without an executive session. Gentry/No. It is a velY detailed fact question. It would be a fact question for a jury to decide or law as the case may be. From what my understanding and I am still confused about routes and destinations. The route pattern that everyone has described. They are all fairly circuitous and this will be no more circuitous than any others. It is a matter of degree rather than kind. If anyone can shed any more light on the use of the roads I would be more than happy to look at it agaln. I am no . more enlightened with the destination and use of those roads than I was a week ago. Maybe Mr. Meardon could assist me. Larson! I think the state of the record is there are some unknown quantities of farm families that prefer using that road for safety or convenience reasons. How many exactly iUs hard to tell. At least the Hunters and Krals and Letunans and Mosses and Gatens have expressed their objection. Other than that I haven't heard from other people. My feeling is what the record reflects at this point. Gentry/ You mean you are going to focus on the ownership. I mean the people who own land in terms of their access and the circuitousness of the route. Larson! You are telling us that you don't see any compelling legal worry about damages that could cause us to turn this down. Gentry/Not based on the facts presented to me to this time. No. Larson! Thank you. I just wanted to answer that. Kubby/ I have a question for ACT and I don't know how answerable it is. I know 100% of what you want is to close Dubuque Road. If we decided not to close that what would stand in your way of expanding anyway. I guess I am having a hard time of seeing how these two things are mutually exclusive. That if the road were to be open we could still have sal'e pedestlian access with maybe some creative design work. Besides that what would preclude the expansion if Dubuque Road remained open. Ferguson/ We have had this conversation I know before. And I am not certaln I can add to the enlightenment of that subject other I __1- ---- lID ..... ....-- ., ,__loti .lJIU ~_~ I - ~ ill #4 page 27 I than to say as you would note that we have invested very heavily in the development of a velY long range plan for the development of the property. And based upon the discussion that occurred a couple of months ago as well laid out a plan and have iP'lested further in the design and the layout of the ACT camp1;s. Our view is that as we would move to invest very substantial sums-millions of dollars immediately and many more as we would move to add additional buildings in that area that we have no certainly whatsoever of when the city will add further roadways, First Ave., Scott Blvd, the east west road that is references. And our view would be that we would add additional employment and additional jobs that were in fact located in that campus area that it is in our long tenn interest in that development t have that be a close campus. It is a safety issue in part because we are a highly persmmel intensive organization of people moving back and forth at all times. And the reason we would be doing this construction is so that we could add to the campus as we have additional needs. We are in expansion mode at the moment and have had to rent additional space. We are looking to that time when we would have' reason to build further. So I think from our point of view we are looking to a large long term. It was noted earlier, our planning, if you all have seen the pl<\n, is a 2S year or more range plan. To have a plan that is agreeable and workable if we make that kind of commitment with Iowa City. Iowa City is our national headquarters. It is one of 13 cities in which we have offices. We determined a few months ago, follOwing our meeting with the city council that we would make a conmlitment to further growth here. And that plan that we have deSigned is part of that. I wold like to take this opportunity to comment on another obselvation made a moment ago. ACT has absolutely no plans whatsoever to close the entrance which is opposite the Howard Johnsons. It would be simply very foolish for us to do that with the number of staff members that we have there. I might add that the interest in closing that road were it ever closed has again to do with our other alternative outlets that are developed at some point in time in the future. But it would be as important to us to retain those two entrances and exits as it would be to anyone else in the community. ."""'.._____.---,._.......___...___..... ~ ~--___~__~ __ J " '-I 'I , ' ". : J 4 ~d.lo.. ______~___ t . ...... -I - ~- p - - ~.... ...... - - I , , I I -, #4 page 28 Kubby / What I am hearing with your answer to my question is that it is not what you want. Ferguson! It is not consistent with the plan that we have laid out which involves very substantial investnlent in the future. I suppose - Kubby/ The investment can still be made with road remaining pen. That is my question. Why can't the investment still be made with the road being open. It may be not 100% of what you want but I don't understand why it is such a big hurdle. It , might be less than what you want. Maybe that is the answer. Ferguson! It is less then what we want. I don't know really how to respond to that other than to say look at hie plan. Look at the inveshnent. The commihnent that we are making to the city as we would develop and to development here and perhaps it will be simply a matter of disagreement over what is required in that regard. Kubby/ Well, from what your attorney was saying earlier. That if we sign this agreement, we voted affirmatively on this agreement , and then we have the p.h. for vacation CHANGE TAPETO REEL 92-69 SIDE 1 Kubby/Public input this body decides is not a wise thing to do. You were saying that might be understandable and you will have made maybe more investment than you have now. Ferguson/ May I clarify that. We will not invest further in any development here until that matter is resolved. So there will be no liability for the city. When I say that we have been investing heavily already in the design to move to that point where construction could begin at some time as approval is granted by the city. Assuming the city determines to grant that approval. So there will be no liability because there will be no further work done until the matter is resolved. I think the point that Mr. Hayek was making is that a should be matter of the ownership of the property which is essentially where the roadway is become confounded in a fashion that could not be resolved then that certainly will inlpact on our plan to both sign the agreement and ultimately to proceed with any development. Kubby / I guess I thought that I had heard John also say that if after the p.h. about vacating Dubuque Road. Ifwe decided not to _.~_"'"~""__- ........---- -- --- J J d IlfBllt..; ".,..- .,-...w - 1Ij!1JQ.. ~_~v -" #4 page 29 ~ because of the public input because we didn't think it was in the best interest of the city that you would not feel like there was liability. Is that- Ferguson! I thought I understood the question to be might ACT be some how unhappy with the fact that they had already invested in construction and then that would be stopped and we would be looking to the city to somehow reimburse us in some fashion. What I am trying to clarify is we have no intention of doing any construction or proceeding with any construction until the matter is resolved.. So there would be no liability. Kubby/ I guess I still have got a block here about even- Courtney/The two subjects here. One is to determine the ownership of the road and the rights to get the road. The other one is vacation of the road which is what you are talking about. Vacation of the road is going to come after they determine the ownership. Kubby / That is not what I am having a block about. I understand that. I am having a block about why we can't expand even if the road remains open. Even what may not-that you could still do your plan as is except you might have to do some design work to insure safe pedestrian access to the building. Courtney/ You just changed back to the first subject. I was trying to explain this think ofliabllity should we stop the process in the mean time. Kubby/ That is not my question. Ferguson/ I understand your question and I probably responded with the best of my ability. That it is not part of our overall plan for the development of that area. And if it is a question of a judgement as to what we would value and the kind of investment that we would be making in the community. That what it comes down to. ,A value of what we are looking for in the way of having a campus and an area that is satisfactory for the kind of investment that we are proposing to make. Kubby/ I guess I think it is unfortunate that there is not movement there. Because I don't think that that is an insurmountable thing. That it creates such a barrier. Because I want you to expand but I want to keep the road open until we have some suitable access. And I think that there are ways to do both. Larson/ That was my question. .__"'_. ~1-...n."'"':f' "-'-~.:.it"""'-_<'t...l.... ~ -..._~--- Jot'- - '.""'1 "'.'1 , , , J 'i I" :," " ' , , ... -. #4 page 30 Kubby / If people are willing to do that. I guess your answer is that you are not willing to do that. Larson/ I hear him saying that that is a decision for you to make. If we decide not to close the road, then you have to decide whether you want to do some expansion here or not. Ferguson/ Quite correct. Courtney/ I had just one question. John said the approximate employment is 875 people. About how many are what are considered permanent employees and how many part time. Ferguson! On an average day we would employ 200 temporaries staff and the rest would be full time. That number, I might add, does include over 100 people who are not located here 111 Iowa City but who are located elsewhere. I would also take note that in point of fact, the actual number of people who we employ on a temponuy basis has been declining on a significant basis over the last several years. This is true with many organizations as technological has its play. What I will also note is of the the roughly 100 positions that are new to ACT, we would be happy to demonstrate to anyone that we are in fact creating them. They are now being recruited. Something under 30 of those are the resolve of the acquisition that ACT made of American Testronics a few weeks ago. The first part of June. A business which would have been definitely been closed and left Iowa City had we not moved to acquire it. The other roughly 70 pOSitions we referenced, the vast majority of them are people who hold master degrees or phd in the fields in which we are operating. And so they are in virtually most cases, except for support staff, college educated Individuals who will command fairly high salaries. Imlght add that our salaries within ACT in the community for tempormy as well as for other staff are mnong the highest in the city. Horow/ !vb'. Ferguson, something that I am kind of loathed to return to but it does bother me. And that is within the discussion you held with the Hunters in terms of their having limited access to your property. Was there a discussion of a timetable, I recognize that because you don't know who owns the road. ' There are a lot of unknowns here. But was there a discussion of the timetable of what happens if the hay and they is heavy need for farm implements to be moved during the time that you are disassembling North Dubuque Road. Is there a substitute road there for them to be able to use. .._" ____._.._____ -- H ___.____.._ '~&....1Ilo ,- --- "j , , ., i , , , , , ! l ; , I ! 1 I I I ';" Wt.: . r ..,T - .,'v- - ~ . -, #4 page 31 I Ferguson! My sense of that would be that there would be a very short time period which would be true for our own staff relative to any access to the roadway system. Our plan would be to stage construction so that we would have minimum disruption as much as anything for all of our staff as for others. I do, if I may clarify as well, we did as council noted make the -start the process of inquiring about the possibility of an alternative roadway. Despite the fact that we did wonder about that. It didn't seem likely to us that the state would allow a new road. There is a velY limited anlOunt of space there in fact to put one in. But we never the less did begin an inquiry and have gathered information. Now that conversation was noted by the Hunters really only occmed last Thursday or Friday. I think Thursday. So we did move to try to find out what we could find out about that. Let me clarify another thing. That is that the reference to semis and so forth did come up in our discussion very briefly last Thursday. In fact, Idon't believe those-whoever would be moving through there, whether it is a tractor or a semi or whatever would be moving through a parking lot per se. Although that would shorten the distance through the campus even as it does now with what goes through it. If you recall the design of the roadway, we are putting in a roadway that would be at least as wide as what is there now with ample movement for-if a semi can get th~ough now it can certainly get through in the alternative roadway configuration as proposed. And I recognize-we recognize that that is not the happiest solution for the point of view of those individuals but we were reaching to find a way to allow that accommodation. And we would be as accommodating as we possibly could in that direction. Larson/ I have questions Hb0ut another area in the nuts and bolts of the agreement What is your interest in the configuration shown en the exhibit In terms of the east west and the First AVe. Extended. Is the east west put where it Is on the exhibit so that it would open up land for development or just so it would be out of the way of your campus or what. Ferguson/ As we noted earlier, we had mapped out again-we think it is a desirable and positive thing to plan ahead. And we have planned ahead in point of fact for something over SO years of development. Well beyond our ability to imagine that occuring. But where, as YOLl know, the city requires x number of parking I .._....,.~ ........-----..--.-- ..;,---~., _H - ........-...1 ":1 I , , I I I~ .. - - .....' "'I i , , -, #4 page 32 spaces for each building that you put in place. We have to worry about the buildings being close enough together where people can maneuver between them without having to drive between the buildings in order to communicate. And we-and that property is not all flat property on which one can build. So we have tried to map out the footprints of quite a substantial number of buildings so that we are not constantly in a mode of tryU1g to sort of what we do next. So in that regard the planning that we have done is try to accommodate all of those requirements. As you know the agreement calls for us to submit a plan for the long range development. That isn't to control the area. It is to make certain that the plan that we have laid is one that would meet with agreement and concurrence down the road. Larson! So do you have any problem with that east west street or First Ave. Jixtended being n a different place on ACT property so long as it doesn't interfere with your campus buildings. Ferguson! No. Larson! You don't necessarily require in this document that we commit to putting any street.extensions on your property. You just want it to be clear that if they do go they be in a way that doesn't conflict with your master plan for building. Ferguson! That is correct. The master plan which we propose to submit for approval. l;\rson/ And if for instance we were to decide in the year 2000 to extend First Ave. and that council at that time were faced with a choice between taking out an established business of an established residence. Ferguson! We hope that you would choose wisely. Larson/ Of take out ten parking spaces at the fringe of your property in your parku1g lot. Ferguson/ Obviously we would accommodate that. Larson/ Would that be prohibited by this agreement in your mind. Ferguson/ I don't know the legality of that. I can speak for myself. If I were confronted with that question, I would be acconunodnting of that. Larson/ I am afraid I am about to bind the taxpayers to a written agreement rather than just people's intent. Is it your feeling that you don't need that to be done. You are not requiting the city to enter into an agreement. " '" ...................... Y- L\IIlIJ_4UIM 1..,., .- ~ -, #4 page 33 Ferguson! The agreement as written does not limit the city in that regard. It speaks to roughly where roadways would be rather than the specific roadways. Larson/ That is what J wanted to get into the record. I am pretty willing to say that First Ave doesn't need to go through one of your buildings. Now we are in Uie future in my mind. I am not so willing to say that we can't come on to your property in some way a little bit different than this. Maybe even take a little bit of developed land if it is developed as a parking lot if the best next alternative is taking nut somebody's cattle business or somebody's residence that hilS been there longer than you have. Ferguson/ My understanding is that the way agreement would be written, you would have that prerogative. Larson! Thank you vel}' much. John Hayek! As I understand, this whole negotiation that one of the things that ACT is trying to get is an idea of where the road would be if the road's built. While the word roughly is used and I realize we are on a kind of give and take and compromise and trying to get things done mode, J think it's only fair to say that these folks are not going to want the road moved a whole long way. They're making a whole bunch of plans and commitments and will in the future into. Ferguson/ Into our campus. Jolm Hayek/ Yeah. You know, 1. Larson! But what about moving away, Away from your property. What I don't want this agreement to do is to teU the city whenever people get to making that decision, that First Ave extended and the easy-west arterial that might hook up to Scott Blvd or whatever have to be on ACT property. Ferguson! I don't think they f11l it has to be on ACT property at all. But I think the point- Larson/ You understand why that comes up is because there are some neighboring property owners that think that we are binding the city to do it on ACT property so that they get the street to develop their land ratller tllan the neighboring property. Ferguson/ The point I want to make is that when you talk about putting the street on ACT property the word roughly aligned or rough alignment or roughly aligned is words are used, when it comes to putting the streets on ACT property J think that we .-_~. ----......-........ ..~...- --...-- . " . ~~. .11._.' I " , ..... - .- -.- .,.--lI'll"1iI: , --"1 I , -, #4 page 34 want to be careful about saying we don't care where it goes on ACT properly. We do care about that. Larson/ I understand that. We are on the same wave length. Nov/ Does anyone here have an answer as to how long it takes to find out about the ownership of the land beneath the r.o.w. Larson! I don't think you can predict that because if it reverts back to the original owners going back to 1926 you might be looking awhile. Nov/ Are we saying we shouldn't do that before the vote. ACT is saying they are not going to sign it until they know who owns the road. Is there any point in the city going ahead and signing it until that point. Horow/ From my point of view it would be considered looking at their intent of long range planning and I would be agreeing to go Into an intent of long range planning. If it happens not to work out, that is their problem. Then they are going to have to come back to the drawing board. Hayek! Let me try to answer that in a little more detail. I think prelilninarily, you have to have a title check done by abstractors and by lawyers to figure out what we can figure out. We're going to need the cooperation of the city attorney's office, the state and so forth. I know the city engineer or the city public works director has already had some contact, and maybe Steve Atkins office Witll the state on this. I think we're looking at a matter of a few weeks, maybe a month to get a readout on that. Now if the city owns the fee title, presumably there's no problem or velY little problem. If tile state owns the fee title and indicates a willingness to dispose of It, probably no significant problem. If tlley want ten million dollars to dispose of It, that is a significant problem obviously. If It's in plivate ownership, that I tlllnk would be a problem, depending upon who the owner or owners were and their attitude about the development. Obviously if a private owner said we won't sell you this except for what ACT regards as an extremely , exorbitant price that would impact tlie development, that would be a problem. And I can't ell you how long that would take. It might be a matter of a few days to get a response. Once we determIne who we need to talk to. Or it might be longer. Larson/ This whole agreement may be a mute point. ~ :- ..-....-.........-- --tC'1Ii~;.._-_. .:.-- ~.. I ~~ - ~ 'IV . ",,'. ':':;',;" .' .,' '/..; .. .,.... ,....'.).~:.. -" \ 'Il"" ,. .-.:.42: ',~',: ,. . '.:.,-. /,;'., ,.,_:",:.1';',;(",' :.'( , " ':}J::J':~,:G'f::(~,iJ;;'L~s,>"I,)i5:~~ *.Ju:'o.d(:L,,:;~~ :1':'" ',.t:)":,,:,, ".' ,"-~. " I - I #4 page 3S I Hayek! The other point to that is that I think if the city passes the resolution. I don't think we care about whether the agreement is aChlally physically signed by the city manager and the city clerk or whomever. The mayor and city clerk i guess. I don't want to make the wrong assumption as to who signs. Anyway, we don't care if it is physically signed but I suspect that it is fair to say we are talking about probably several thousand dollars or at least in excess of a thousand dollars of expense of just finding the answer to that question. Larson/ Or least you hope so. Hayek! I think the primary expense will be the abstracting. And in fact I don't hope so. There may also be engineering cost involved in that too. I expect that ACT is not going to be real wild about assuming that expense. They don't know what your attitude is of the whole project. Nov/ My concern about this is that there is not a real agreement between ACT and the Hunter family for access. And because they really need access, I would like to see something a little bit firmer. The Hunters don't seem to want to take the road that ACT wants to offer. And it is going to be more involve than what I expected. Is there any assurance that there will be access through the property on the plivate road. Hayek/ ACT has-I think basically it is fair to say at this point that ACT has made an offer to the Hunters. Verbal, not written but velY publicly made. I think it would be very difficult for ACT to back away from that at this point having went on tape and t.v. and in front of city council and so forth. That offer has not been accepted to my knowledge and it may not be acceptable at all by the Hunters. ACT can only go so far in negotiating a "agreement" with Hunters or anyone else. We have made an offer. I say we-ACT. I was not involved in those discussions at that time. As I understand it they have offered to do something. We don't know wether the Hunters find that acceptable or not. The offer remains open and will continue t remain open. But that is as far as we can go in "negotiating " an agreement. We can only go so far. Nov/ I understand. If this road Is not used. If for some reason you cannot do this and you move the road to somewhere else on ACT property. Does the offer still stand. If we are clOSing a road are we closing it to evelyone. L _ ____ _ __________._ ~~'"'__...__..;".:._~8...:._.'......~___r Jl.ll .. -1"1"'-~~' " ....-...... T.. -.., ""1 'I , , " .l:b..-f"!ll" ~- ..... ".'"" .......... _ ""il )-;'..;..>....1 ., ,.,'.", ';,'''''' " '.:, "....~<'k,.:.~.. '''''',,':-' "'\,:.".. ,.:-,'" ,'j., i').:'i>:?~:J> ;'.G?P:>0 ~',,::'.,\,~~,'~,' " -".' "-'r-{~'Il 'J, 'I ., '~. ~. 1 :.-;.r, " .'1 it. ~L ~ '.~-i'- '.I_L-.. ',,, ,,'. {- ."/'.~, C _"A_', 1-A ,'w__ .-- -, ~. l'~r l-+- _ . .' 1'~,~~~:~~;:~~~l..;.J~~; ~J:<:l-~:~:;~~"~ ... ~ , , ':'.' ...,' "'.. .i;.', ',};,L2~S'1:"':,,::>,,:,;;;;; \':~"'I . ~ . " \ '.:', .,' :::,i'::~'(;)J~1~'.i~;.~~ I I " -, I #4 page 36 " Hayek! Yes, other than the Hunters and people that the Hunters and ACT agree together can use the road. Other than people-this is ' suppose to be a business campus or research park or whatever you want to call it. A business campus I guess is the proper term. If I wanted to drive across the ACT campus to get to the Rochester HyVee I doubt that I would be permitted to do it unless I could figure out a way to sneak across. Larson! Not only that, neither could the Yl'als, the Mosses, the Lehmans, the Gatens, or any of those people. The Hunters are the only ones that- Hayek! That is correct. The reason that that was done was because ACT feels that the Hunters have a unique problem and ACT is trying to address in the spirit of trying to cooperate with everyone and get something put together that works for people. Courtney / I got cut off before I finished that point I wanted to{1et to on the salaJY thing. You have already stated that the majority of people are permanent and not part time and there has in fact been no salmy cuts of permanent employments and they do have an excellent benefit package. Ferguson/ Probably one of the finest in the country. Consultants would say in the top 5% of all corporations in the country. Courtney/ I even snuck out and called somebody that works there that I know quite well to ask if there had been a salmy cut for permanent employees. The answer was no. Nov/ Was there one for part timers. Courtney/Some part time employees, yes. Thank you. Don Gatens/ We have been here for a couple of weeks or ten days. You people don't think that we have accomplished a lot I guess. But I think we have just within the last 22 minutes. This is the first time that I have ever heard that ACT would allow any streets through their precious campus. And when I think of a campus, I think of degrees, schools. You know I don't understand what they are using the word campus fur. That Is a sacred thing. I realize they have a tax exempt corporation over there and how they got it I can't understand it. I really can't. If we let ACT -if ACT would have started with the same volume in 1900 that they have today they would own Iowa City because they are doing it with tax free dollars. We hear-you know they paid three hundred dolllars pi'operty taxes. That is a lot of money. I am not worried about that. I am worried ;!' ',"" ,_'" _IO'"W __........._......,___..........._.....,,-....._..._.. - - - ... , . _ -iiMl ,. --:l , , -, #4 page 37 about the millions that they haven't paid and that they are investing and competing with private developers. And then to come up and demand-you know the reason that there aren't any alternatives, they own all the land for a mile south of there. There are just no alternatives without going through there. Now as I understand it they have agreed to let First Ave. go through there at some point. Is that right. Larson! On some of their land but not where the buildings are. Hunter/ That is the way I understood it right now. You know-but , two weeks ago when I talked to them that was sacred land. There was going to be no streets ever through there. Larson! The exhibit that is attached to the resolution has a proposal to go on their land. Hunter/Border it but not through there. As I understand it this would open an area later on. Suppose they want to go out east. Suppose ACT wanted to hook up or not First Ave wanted to hook up with Scott Blvd. out east. They could go across there as I understand it if I understood them right. If we didn't bother any of their development. You were out there; There is a lot of land. If they cover that with buildings it is going to be a big down before we ever head east because there is a lot of land out there. You know it. Thank you. Mike Gatens/ Karen, your question wasn't answered. He did a half way decent job of avoiding answering your question. Your question was why does Dubuque Road have to be closed. He never answered it. His only answer was because of the plan that they proposed to the city. That is not an answer. Answer that Dick gave. Okay. It stln doesn't make any sense. Okay but tile plan stin shows Dubuque Road being there but cut off , and their only reason that I can see is to preserve the walking of people across Dubuque Road. Karen, I think that if there is problems with vacating this. If thei'eis problems with ownership- a year from now if there is an injunction brought agalnst a closing and it ends up not being closed. I bet they build a lot of things out their. Because they have built a lot of square footage now. And do you know where all those buildings are going to be.They are all going to be on one side of Dubuque Road and there will be one precious building on the other. Now talk about compromise. Once you start building these bulldings and you figure okay Dubuque Road is not going to be closed and we're concerned about foot traffic across i ! I I , , I I , ... ,-~ ,c, 0, , ,jl ... ~~j'~ f ~ III ......_--_...._--~... ~....._.. 1......__ ~"'lll>l"". r""- .... - ,. v'- __ ....... '\li ~lItn -. #4 page 38 I Dubuque Road. I think one of the things that I would do if I were a corporate entity like that to put the people in the Linquist Center that don't have to go across Dubuque Road. Might be a solution. Or maybe lease it to somebody else. They might not want to do that because then they would have unrelated income and then they would have to pay some income tax on that income. Or maybe sell the building and build another one. But all their expansion is again going to be on the east side of Dubuque Road and they still haven't answered why it is such a necessity to close it other than just not in the plan. The plan can be changed. One of the things I forgot when I was up here earlier was communication is a beautiful thing. I love to communicate. I think we all do. City's communication hasn't been real good on this. I have noted that before. It is unfortunate. But I wonder why ACT never communicated with anybOdy. Jeff Larson, Ralph Kral, Don Hunter, Mike Gatens, Don Gatens, Charlie Able, Dr. Clancy. Not one of us. It would have been neighborly to call us into one of trieir board rooms and say hey folks this is what we are planning. We thought we would get your ideas. They didn't want to do that because Dubuque Road was going to be closed in their plan. But I think it would have been the neighborly thing to do. Still hasn't been done. Might be done in the future. And I think we could sit down aad talk about this civilly. I know for a fact that we could. We never has the opportunity. I have had bank presidents call me and show me plans. I have talked to this people. You know, never ACT unless I have called them. But I think you are talking about the neighbors working something out, Naomi. We have never ,had an opportunity unless we would organize it. We're not the ones dOing the plan, We are just ,the ones being affected by it. So I really think Karen that your answer still hasn't come. The plan was pianned. I know that, fine that is the answer. It is not in their plan. But if the road is closed will they still expand. Yeah, they will expand. They will expand. They bought the property. They could sell the property but they already have it bought. They have already got a big investment in here. If they don't expand somebody else will. Thank you again. Frank Boydl As a land developer for 40 years working with P/Z and city councils I always hoped and I hope to do some more developing with my partners Bruce Glasgow and John -~'llilJLd. -- ....-..~~. ~~... ,.,......~_..,.., _.~.-_..~...... - 'J I , , - , . ~ J:k..a:' -'j i , ' -, #4 page 39 Rummell1art that I am given the same consideration to have the power to dictate the policy of the streets, where we want them. We won't be closing any. We will be opening some. And I think that you are making a big mistake closing this. But I know that they have got the power to do it. Nobody can penetrate their little piece of ground up there. 'We have got more ground Developed more ground than they have. We got more and a lot of ground left. We will be around here a long time. We have been here as long as they have. Thank you velY much. Courtney I Any further input from the public before I close off the public section. I close the public hearing. Council comments. Larson/ I will go ahead, I guess. Darrel, first of all I want to say that I think that it is unfortunate that anyone took this issue to say anything bad about ACT and that's everyone's right to do that in a public for. But I do think it is unfortunate. I think the weight of evidence is very clear that they are not only an outstanding corporate citizen but a velY important part of the community. And I don't care whether they are non-profit or not. Or whether they think that the plan would be better if it didn't have a road through it or not. Those are their decisions and all they have done is ask the city to understand that it looked to them that a road lnight get built through their property and they want to lninimize that impact on their entity. I think that makes a lot of sense. I don't think the city considering that was anything but good plmming. I think Mr. Atkins find the other planners that spent a lot of time over a period of years dealing with ACT to by to figure out how First Ave. or Scott Blvd extensions might not disrupt one of our very best corporate citizens was just good planning. That is something to be criticized. With that said I don't think the public input was quite enough. Part of that is due to the public not getting involved at times when they were invited to a couple of months ago. Part of it is due to the fact that public business operates uml'ieldlng sometimes and it was difficult for the public to know when to jump in. I don't think it was a deliberate attempt on the part of any city people to run a deal through for ACT. I think it was all in tended to be good planning. And so I want to respond to those unfortunate colllments some of which were just flat out inaccurate or 'C..',:.' ,-_.....,.,..,._...,-~ . ..~- 1 ~- I_V!::rl:!I.> ......_ J ~". .. ~~ t "r - - - . -. #4 page 40 factually incorrect. ' I want to do everything I can that is fair to insure that ACT can expand and prosper In Iowa City. With that said I think the first in time rule is extremely important in this matter. I cannot close a road that was there maybe 100 years before ACT was. Neighbors and businesses rely upon that road being there. The reasons that road closings can lead to damages in the Iowa Code is based on justice I think. Probably the bottom line is that I have not been made to understand the compelling need for that road to be closed for ACT to prosper and expand in Iowa City. I will be very sorry if my vote is the majority vote and ACT decides because of that move to go somewhere else. I hope and pray that they can find a way to expand and prosper while living with a road that they have lived with for many years. I think the city should not trying to encourage traffic on that road. I think the city should look as to whether it is in its best interest to create an alternative for that road. Perhaps the time table for the east west road extending off of First Ave. is faster as a time table than the extension of First Ave. to Dodge. I think we need to take into consideration the fact that in the future we may be able to close that road and have provided an alternative and maybe if tax dollars need to be involved or whatever to get that done in the interest of the entire commlmity. So the process doesn't stop here. I hope that my vote is in the majority. If it Is not I hope that we will amend the agreement somewhat to make sure that it does not create a situation where we are bound to put the road in any particular configuration that limits us. I am encourage to heal' council and principals for ACT indicate that if a decision between First Ave taking out a residence e or a business or a few of their parking spaces were to come up that this agreement would not keep us fTOm chOOSing us to take a little bit of ACT property that is not delineated on this map. All those things aside I hope that we do not pass this resolution in the form that it is in now. McD/ I would disagree with Randy in a couple of different things. One of the things that we always have to measure when presented with issues like this is the type of impact that it is going to have. I think we all in our own way do weigh them velY much velY carefully. From the outset on this particular issue and t11at road has been there a long time. I think I first .__"..".,.,_,..,~,_"'~- .- Ii' ~--- -~_..__.. , . ....' lI.' " "I I , i j i i i 1 i I I , I I i I i i . . : ',- , . .. I -- - _ _ ""W1i I , " I , , -'. #4 page 41 became familiar with it about 1955. I won't tell you under what circumstances I became familiar with it but I am very familiar with it. One of the things that we have to carefully consider and carefully measure is what type of impact it is going to have. One of the things that was of primary concern to me from the outset on this was when it appeared it was going to have a velY direct impact on the Hunter family. Now it looked like when you tried to measure everything that was taking place and the kind of impact that it was going to have it was going to have a velY adverse impact on this particulflJ . family that had been there for a long long time. I was hopeful throughout this process that some agreement could be made so that this would not have to-they would not have to change the type of operation that they have right now. Is it going to be a perfect solution. Probably ..ot. But there are solutions available. There have been offers made. There is something that can be worked out on this particular situation so that they will be able to continue on with the type of operation that they have had. I, like Randy, am concerned when people do make statements that aren't true. Misstatements. A lot of times when you get into these types of issues this happens. Sometimes it is because of hearsay. Sometimes it is because of not having all of the facts. In fact I was thinking a little while ago and I know the Gatens and the Press Citizen will love this, One of the things that I heard this week and again it was from someone that did not have all the facts that the land that the Press Citizen sets on was donated to them by the Gatens family and this person was velY serious and they believed that. Fortm1ately or unfortunately it was something that they sincerely believed and these are the types of things and the types of statements that come out of these kinds of issues. ACT is a good corporate citizen. They have been for a number of years. People that are involved in trying to increase our business base or our industrial base know the type of things that happen and the types of things that are going on out there. A fact for example, most jobs in any community are not created outside by attracting new businesses. Over 80% of new jobs are created by existing businesses. That is a fact in any community across the country. Here you have an indushY that by any measure is probably about as clean an indushy a community could have. It is going to-it wants to expand here. I . ~' I -.---........-..-.----- -..... .,..- ... --"-~i:J\~ ...- ... :-o_.._Moi__, " 'I I , -, #4 page 42 I I They do have other options to expand in other areas. They do have other plants that they could expand at. They are going to create anywhere form 70-100 new jobs. One of the criticisms I receive from Iowa City quite a bit is that it is a mecca of the minimum wage job. And I have heard this for a number of years. Most of the years that I have been here. Obviously this is a corporation that is not going to create 111ini111Um jobs. This is an expansion that is going to create much higher paying jobs. And this is a criticism that Iowa City receives quite frequently. That the types of jobs we create are primarily minimum wage. ' I do think in weighing all of the information that has been presented to us that it is in the best interest of the community to approve this resolution and to move fOlward with it. Courtney/Thank you, John. Horow/ I had the fortune to work on a campus in metropolitan Washington. The National Institutes of Health campus. And it always amused me that while I was there on the east side there was a huge convent and t1e area that NIB was located on had once belongs to a religious order. And there were still permissions- in other words, everything we did we had to make adjustments for nay business that took that space with that convent. But the future plans of that campus s=certainly took into consideration what happened when the nuns finally left or the last one died. So I have no problems with a concept of fl1ture planning for any business or any office research park or any consulting fIrm or any campus as this is. I think that is only prudent a. Any business that does not think of its futllfe doesn't deserve to be in business I think. Last week when we discussed this my main concern was over the Hunters. I felt very strongly about their need for access. I asked questions about Mr. Krals property being sold because I had been contacted by the Realtor that was dealing with that. And so-I have driven out there. I must say that this whole subject has made me think differently of the alignment of streets in that area. And it is very exciting. That is the one exciting part of this job sometime. If you thin1, something is dull today, just wait until tomorrow it gets more exciting. That whole area is open for change. And anybody who doesn't think so I personally think just isn't looking ahead. I hope very sincerely that some agreement can be reached between the Hunters and the ACT people. I feel strongly that they have made the J: ." '. ;, . ._........_.n........_...~. .-wtl..._.._..._ .,.."'~'-- . la.r-....n-.. M~ - '---; ~. -, #4 page 43 overture. And perhaps it is not exactly what the Hunters want but I hope that there will be some sort of adjustment where you can-where both parties can agree. I would like to have the city through go to as many lengths as possible to make that road passable in the wintl'r for situations as such that Mr. Lehman was discussing. I intend to vote for this. I think the language is cOncept11a1. That is good planning. And that is what I would like to see for that area, Thank you. Ambr/ Darrel, I don't know of any issues that cause anyone individual councilor more drmna and shigrin other than zoning or closing roads and streets mld having the perception that your city council is giving something away. Earlier this year we were asked to make the decision on a very major street dosing that didn't affect just in this case 200-300 people but literally affected I would guesstimate about 30,000. That was wh~n the Univ. of Iowa came to us and ask us to close the street of Capitol Street between Jefferson on towards the area up around the president's mansion. We didthat. That street is gone. My first year on the council in 1984 we were asked to make a declsion to close what I thought to be a very very significant street on the wets side called Melrose Ave. So the Univ. of Iowa could put a $35 million law building there which is the state of the art in the countIy. Nor at that time did I hear any discussion or have anybody appear before this council on the removal of some vel)' vel)' significant histOlical house that would make the house on 2800 Rochester Ave. look like a shed. So these decisions m'e probably the most difficult that we have to It .l};e. We tee'd it up, in my case in three different elections. I pledged to you that I would balance the needs of the neighborhoods wilh the needs of our community. In such a way that it would prolJUe an atmosphere for good clean economic development. I think that the fact that ACi has come forward and is telllng this community that this is where we want to be. We don't want to be in LA Joya, California or the belt around Washington, D.C. This is where we want to be. Those of us who live here know that this isn't always the easiest place in which to recruit high caliber talent. The weather has something to do with that. In my college days I took business law 101 as a fledgling business student. And during the early stages of that course I was wondering that whenever a corporation is created you have created a new ._____n.___._.,_.____..._~~.... I ,- - -------- --- " .,. '1 " , , ,',. :;. -"",,-,- I - 'I I , , -. #4 page 44 person in this planet. I really get a little bit upset when I am type cast as pitying the needs and benefits of the corporation instead of my neighbors and individuals. Whenever the entity of ACT was conceived as a corporation, just locally that involves over 1000 families. Now to me I don't know what more is for being pro individual that that when I say I favor this particular plan of ACT. To those of you who are concerned about the future of First Ave. Extended as it proceeds in a northerly direction, this council in particular 1.vvo weeks ago demonstrated how we feel and how sensitive we are about neighborhood~. Our decision which was unanimous. Mrs. Horow, out of deference to her, she recused herself because she lives on Kirkwood Ave. TIllS council voted unanimously not to widen Kirkwood Ave. That decision flew in the face of the professional judgement of our Public Works, our engineers, and our legal counsel. But we did it because we are committed to preservation of the neighborhood. I can just guarantee you Jim that we are not interested in trying to cause any more trauma in neighborhoods than what you perceive to be out there in the future. A lot of discussion that happened earlier by Mr. Larson and I think Karen was in the paragraph that referred to the plan of Exhibit A that was conceived by ACT that referred to- they used the word rough. I didn't have to get that far. In paragraph #2 in both the preliminary agreement and this one they are talking about generally described. That is good enough for me. We are not saying specifically where we are going to put the future roads. But there will be roads there. And I feel quite confident CHANGE TAPE TO REEL 92-69 SIDE 2 Ambr/ For the benefit of all of Iowa City. To those of you that think Ambr is here just as a pro development person. You are dead wrong. Ambr is here because he is pro Iowa City and that encompasses all 60,000 residents of Iowa City plus out' good neighbors on all points of the campus. That is alii have. Courtney/Thank you, Bill. Nov/ I have to say something in spite of the fact that my voice doesn't sound too good tonight. I might have a little bit of a personal feeling about this road as compared to closing Capitol Street because there are many alternative north south routes I . ___"".t_~ 1__'_~M'_"'"''''''_'--'~~_''_''''''oI'~''''' ......__... - -, .r --.. - 1~ J_'" ..... -......... .......,. ........'. " 'I I , , #4 page 45 in the center of Iowa City. And closing Capitol Street to me was not an illogical move. Closing this road with the alternatives not available or the alternatives going farther away is a little bit more difficult. I would prefer to see that we have another alternative before we close this road. And I would also like to see ACT be able to do what they want to do because I think they have an excellent plan. So this particular agreement without a delay clause in it is making me hesitate about voting for it. I don't know,can we still revise an agreement like this. Is there a possibility to put some if clauses into it at this stage. Gentry/ You can always revise it. What type of clause. If there were no agreement between the Hunters and ACT. Nov/ Something like that would be certainly helpful. And the fact that Randy wanted added an if clause. It is something that I would agree to. Larson! I have got something to add later if we find out that it is going to pass or not. I guess, Naomi, the problem is saying that this wouldn't happen unless ACT got an agreement with the Hunters is I don't know how you would do that and not treat the other neighbors on the road the same way. And we haven't heard that they have an offer that they want to make to all of those people. That would be my problem with that. Nov/ What do you think about the other suggestiol1 that you started with earlier that if First Ave. is extended. Larson/ I think that by just adding one if and one clause in paragraph one of this we could do things that I wanted I am not sure that they would be objectionable by anybody that is in favor of this. I can bring those forward now if that makes sense. I assume there is four voted for this thing. If you look in paragraph #1 if there is any informal sentiment for this I would go ahead and make a motion but not delay things if there isn't. Paragraph #1 of the revised agreement that we Just got today is when I got it. There is one typo in that. You see the second sentence actually that says "So also ACT and the City agree that in the event the City elects to extend Scott Blvd to the west or to construct an east west unnamed arterial street running from Scott Blvd to the west. It then has a period. It should have a comma and the next word parities be part of that sentence. What I would then continue-the only addition I would say is "Parties would agree tllat the alignment through ACT's property. Just add the word if there-"shall roughly be in ~'lH_ MP' -. _~_..__.._.___, ..__ .~__.__ ~. _ Ii', ----~~iOiiO! .... "/ , , -. #4 page 46 the configuration shown on the attached exhibit A-then I would cOllli11a-"or a configuration that does not substantially adversely affect the ACT campus building or the placement of the ACT campus building. Kubby / Just so it is clear in writing that there is just a little bit more flexibility than what is here is here. That reflects the flexibility expressed by ACT. Larson! I don't think that is contrary to their position. I would want legal's opinion about the wording. What I am trying to do is make it clear that the city does not have to use ACT's property to build this. One of the reasons I think it important is because one of the things that this agreement does is commit us to change the comprehensive plan. Seven or eight years from now somebody is looking at the comprehensive plan. This agreement is not anywhere to be seen. It is just hard for me to leave it out of the record. We don't have to put these roads on ACT property. It is just that if we do we get some land given to us back. And! would offer those, I guess, as friendly amendments if there is majOlity support for the agreement to begin with. I don't know whether there is or not. I presume Darrel's vote but I don't. Courtney/ Well, we have a motion on the floor. It would require the motioner and the seconder to accept the fiiendly amendment. Would legal counsel for ACT like to comment on that. Hayek! The proposed amendments Randy has described it would be acceptable to ACT. Courtney/Do you have a problem with it Linda. Gentry/ No. Horow/ I don't have any problem with it. Courtney/ Do you want to read that back for us one more time. Larson! In the sixth line of paragraph one, the word if to go between the words alignment and through. While we are at it we might as well make it a comma rather than a period after the word west in that line. And then at the end of that sentence where it says attached exhibit A, comma rather than period. And then add the words or a configuration that does not substantially adversely affect the placement of the ACT campus buildings. I don't think that is real elegant but I think it adds a little more intent. Courtney/ Is that different than the first time. Hayek! I didn't catch the second amendment. , ~""-,~ -- ....-- ~. . . ......----\ ~-III'.; ....... ~ ~ . r .-------y- -r . . - -- ~ -- ".'. _ IsJ "I ., , ' -. #4 page 47 I Gentry/ That is why I was waiting for you to respond. Hayek! I though I understood the amendment. I don't-what was the rest of it. Larson/ It would now be in the 7th line where at the end where it says exhibit A-comma rather than period. Or a configuration that does not substantially adversely affect the placement of the ACT campus buildings or something to that intent. Hayek! I really can't respond on that. We have already got roughly in here. We have backed off a lot on this already. I wouid prefer that we go with the first amendment. I don't know what the second amendment does, frankly. Larson! Let me tell you what I am looking to do and you can do it for me being eminent counsel. I am looking to say that if the city is faced with a decision between taking somebody's home or business and taking ten spots off of the parking lot that that be within that roughly position. I don't want to infringe on ACT's buildings but I do want the ability to go somewhere different ' on their land if our alternative is one that is worse. Gentry/ I think the language covers that. Larson! That is good enough for me. Don't you, John. Hayek! I think it does. Courtney/What was the first amendment. Larson! Just that word if in between the word alignment and through in line six in paragraph one. Hayek/ I just assume not having to respond. Are ten parking spaces too much, fifteen. That gets us into a whole different ballgame. Larson/ If city legal staff thinks that this gives us wiggle room the word roughly to-later on I might point out in the agreement it talks about extensions that would not unnecessarily interfere with ACT's master developme:1t plan and I am comfortable with the equities of our saying that taking a few parking spaces or taking a corner of undeveloped land does not unnecessarily interfere with the master plan. That is in paragraph six. And that is why I am not so concerned about ha\1ng ~hat specific language because I think paragraph sl.,< buttresses paragraph one in a way that protects us. Gentry / I agree. Larson! Okay. Gentry/ I really doh't think people should lose sight of the fact there that are at least two or three-there is a major decision to be made even assuming the title question is cleared up. Which is .t, . : ' ~- -- ---...-........-- . ...~ --.. U M_ni -b.. - - -- .....TIT...~ - , ...... ,7' - - - " - .... -, #4 page 48 problematic. But there is a major decision in tenns of vacation of property and where on the road and a major major decision on whether you are even going to extend those streets. That is way down the road. Larson/ And to make sure that the public doesn't misunderstand. I am offering jllst that one word if on that line. Gently / I don't have nay problem with that. Larson! I am doing this despite my opposition to the agreement in general. I am only offering it on the tmderstanding that I am in the minority in voting against the agreement. I say that because I haven't heard four votes yes for it yet. But I am presuming that- Courtney/Okay. We have a request for a friendly amendment to insert one word. Horow/ 1 will second that. Courtney/ Is it just them accepting the amendment or do you need a full motion to insel1 one word. Karr/ You have to have a second to discuss it. Courtney / 1 got an original motion and second. They are the ones that have to accept it. Ambr/ I made the motion. Larson/ And they are withdrawing their motion? Ambr/ No. We accept your if. Gently/Is there a vote on the amendment. Courtney/ Susan is trying to make the motion of the amendment and, I think we need that from Bill and John. They were the original motion and second. Horow/ No. He did. That is right. He did. Gent!)'/ Is it friendly to you, John. McD/ As our attorney, are you satisfies with that. Gent!)'/ Yes, I am. McD/ Okay. I find that acceptable. Gent!)'/ Comma, is just A-okay. That was our typo. Courtney /Da we need to have an official vote on that then. Gently/ Yes. Courtney/It has been moved and seconded to insert the if and the comma. Any discussion on the amendment. All in favor- (ayes) The cunendment passed. Furtller discussion on that main motion. ~...~.......--.-...._---.... --- -.... lL ._~ -...."- -----..' ~~-~:.-' J ~ - w . ~ ~ ,,~ i , , ,I ,I "1 , , ; " ~ ... -, #4 page 49 . Kubby / I had a few COlllillents. I had 1wo major objections. One was closing off an option for First Ave. Extended and the other was the closing of Dubuque Road. Although I think that things have shifted a little bit for me. What really-I am willing to compromise on not having all of my options available for First Ave. Extended because as a council member and as a body we can choose to say no to First Ave. Extended options that we don't like and maybe the result is there isn't a First Ave. Extended because we can't find a solution that works. So I was willing to compromise there. What John said a few minuted ago. He said there are solutions available. And I think that that is true. Not only about letting the Hunters use that property or the road or other people who need to use the road. But I think that that is true for ACT. I still don't understand why expansion can't happen pretty near as planned with Dubuque Road staying open with some design work to ensure pedestIian safety. Nobody is disputing the value of forward thinking. I think council doesn't do enough forward thinking at least as far as ACT is concerned. They are much more forward thinking. Sometimes I think the city is. I think tlley are a good role model for us in that. And no one is disputing the value of more jobs in this town. No one is disputing that it is good that ACT is here. Whether at current levels or expanded. No one council is disputing that. What I am disputing is the need to not have the road there. I think that it is possible. I hear all of the things John and Bill are saying and I am saying that I agree but the road doesn't have to be closed in order to accommodate ACT. I, too, am velY thankful for the Chambers effort to do some facilitation and I would like to see us defer this again to let the Chamber step in a tty to figure out a way to keep the road open and how to keep ACT here. And have them do the expansion as they want with the road still being open. That would be the ideal thing for me shlCe it is going to be postponed anyway In terms of ACT needing to do title checks and such. It is going to take some time which is already going to throw them off their construction schedule which is already tight. So I think I would like to see the Chamber get involved in more things like that. I think this Is a good offer. And lastly I think like Naomi I need some more Insurance that people living in the area have access to that road even if it is inconvenient. And I would like to see that more solidified _..___h....._.._ "'_~. ........-.......,...."',,. _IM_"""': -.-...-_...~- ~--~ .~ _..~ 'i " , , ~~--" ~ -" #4 page 50 before we vote on the agreement or sign the agreement. And i guess I am not only worried about people's access who live near there but the whole community because we are not providing in the near future an alternative. And therefore, I can't support this agreement. The intent of it or the actual implementation of it. Courtney/It is pretty hard to expand on what Bill and John have said about the benefit to the city in general. Mr. Meardon came up and ask us what the mutual benefit was going to be and I just wanted to say a couple of things along this line. The mutual benefit to the city here #1 is the jobs it is going to provide. Those jobs are going to build houses. They might even build some houses on Mr. Boyd and Mr. Glasgow's iand. Or even some of the Gaten's land. Those houses that may get built are going to pr0\1de more jobs for the construction industry. It is one of our major industlY in this town. Those people who are going to live in those houses are going to go out and buy goods and services from a lot of us. And those goods and services being bought are going to provide more jobs. It cycles through the economy. Those jobs are going to educate the children. There is just a lot of things to be said for adding jobs to town. Since I have been on council for six years we have had very few opportunities to add major pieces of-major number of jobs to the city other than University and Hospital connected. I have always wanted to diversify the city more and more so we don't have to rely on the University when state money gets tight. And state money is tight. We have recently lost one of our employers. 140 some odd jobs. For the first time since I have been here we have got a unique opportunity this year. We have got an opportunity to add two or three major pieces of jobs to the city. The first one is the ACT proposal. The next one we talk about at our next meeting is the p.h. for General Mills and there may be another one coming. Second mutual benefit is the tax money provided. It is not my job up here to rule or to judge upon whether they pay federal income taxes or state income ta'\es or not. That is the Job for our legislators on the state and federal level to decide whether they ought to pay any income taxes. What we are looking for is taxes to come into the city coffers. Those taxes hire police. They hire fire personnel. They run the librmy. They provide social selvices. The buses and transit selvlces. Those are ...--- --......-- --_._--~ ..._.~ I~~"'._'-- ........~ ____-~--u JR...J -----. "'1 I , ' " . '; . " - .. -, I #4 page 51 different things that those tax dollars provide. And those too provide more jobs. It is very hard to deny anybody access to their homestead and I had major problems with the Hunter's situation too. I still have some problems, It is not going to be perfect for them. I do think the city is partially responsible for that problem. Scott Blvd. should have been put through many many years ago. We wouldn't have this problem if Scott Blvd. was through to the' interstate already. I have heard about that ever since I have been in town. I lived two houses from where it was originally scheduled to go at the end of Arbor Drive and Court Street before it got moved out to the east. I was worried at that time it was going to come right by my house. It got put out farther., It still needs to be put through. It needs to be an access to our industrial park so that we can have east west access to the interstate. Not just the east access where they get going to Local Road. We need to move forward on that proposal and move back to the forefront once again on tlying to figure out a way to get Scott Blvd. finally completed and over the interstate which which certainly take care of the problems we have with the farmers our there. With those things said, there is just no way I can turndown the possibilitY of having this major expansion of an employer in town. I have heard people caIl and say that they are not going to leave town. That is true. They are not going to leave town. They have never threatened to leave town. But we are not sure where all of theIr expansion woulLi be. As he said they are in many cities across the countlY. And I am not here to take any chances on losing that many jobs for the City of Iowa City. Roll call- The resolution passes, Kubby and Larson voting no. Motion for adjournment. Moved and seconded. Any discussion- We are adjourned. ._""....,~.. ..-.........--,..--......-..............---,...----- ".":'j " , , .1 .. ! i i , I I, I i I I I I i 1 I , I I I ..~ I I , , I .": I I i -.. ..,;--~ :.~ll'll.~__~___ - -. City of Iowa City MEMORANDUM I DATE: July 10, 1992 TO: City Council FROM: City Manager RE: Work Session Agenda and Meeting Schedule July 14, 1992 7:30 P.M. . Special Council Meeting. Council Chambers Tuesday July 20, 1992 CITY COUNCIL WORK SESSIO~ CANCELLED Monday July 21, 1992 REGULAR COUNCIL MEETING CANCELLEO Tuesday August 3, 1992 6:30 . 9:00 P.M. Monday City Council Work Session - Council Chambers Agenda pendi ng August 4, 1992 7:30 P.M. - Regular Council Meeting. Council Chambers Tuesday PENDING LIST Appointments to the Oesign Review Committee, Planning and Zoning Commission, Board of Adjustment, Mayor's Youth Employment Board and Airport Zoning Board of Adjustment - August 4, 1992. Appointment to Mayor's Youth Employment Board. August 18, 1992. ,-".~",-,,,,,,..._-,~-,,,,'--"''' - - .'!illir-" ...._-~ ---'-'- --- . "'I , , , ! ' .. ~...::......lII