HomeMy WebLinkAbout1992-09-15 Agenda
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IOWA CITY CITY COUNCIL
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AGENDA
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REGULAR COUNCIL MEETING OF SEPTEMBER 15,1992
7:30 P.M.
COUNCIL CHAMBERS, CIVIC CENTER
410 EAST WASHINGTON
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AGENDA ~
IOWA CITY CITY COUNCIL rJ3c~}
REGULAR COUNCIL MEETING. SEPTEMBER 15, 199~~
7:30 P.M.
COUNCIL CHAMBERS
ITEM NO.1.
CALL TO ORDER.
ROLL CALL.
ITEM NO.2.
MAYOR'S PROCLAMATION
ITEM NO.3.
a. SpeCial PQDulation's Week. SePtember 12-19. 1992.
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CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR
AMENDED.
a.
Consider approval of Official Council actions of the regUlar
meeting of September 1. 1992, as published. subject to correc.
tions, as recommended by the City Clerk.
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b. Minutes of Boards and Commissions.
(1) Animal Control Advisory Board meeting of July 15, i
1992. i
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(2) Human Rights Commission meeting of August 24, 1992.
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Historic Preservation Commission meeting of August 18, I
(3) i
1992. I
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(4) Board of Adjustment meeting of August 12, 1992. I.
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(5) Board of Library Trustees meeting of August 27, 1992. I
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(6) Planning and Zoning Commission meeting of September
3.1992.
c. Permit Motions and Resolutions as Recommended by the City
Clerk.
(11
Consider a motion approving a Class 'C' Beer Permit for
Dan's Short Stop Corp.. dba Dan's Short Stop, 2221
Rochester Ave. (Renewal)
(2)
Consider a motion approving a Class 'B' Beer Permit for
Rigel Corp.. dba Godfather's Pizza, 207 E. Washington
St. (Renewal)
(31
Consider a motion approving a Class 'C' Liquor License
for Hung T. Lam dba SaChan Restaurant. 209 S. Linn.
(Renewal)
(4)
Consider a motion approving a Class 'C' Beer Permit for
T & M Mini Mart Ltd.. dba T & M Mini Mart. 2601 Hwy
6 E. (Renewal)
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Agenda
Iowa City City Council
September 15, 1992
Page 2
(5) Consider a motion approving a Class 'C' Liquor License
for I.C.B.B., Ltd., dba Brown Bottle Restaurant, 115 E.
Washington St. (Renewal)
(6) Consider a motion approving a Class 'E' Liquor License
for Reliable Drug Stores, Inc., dba Reliable Drug #5281,
121 E. Washington St. (Renewal)
(7) Consider a motion approving a Class 'E' Beer Permit for
Reliable Drug Stores, Inc., dba Reliable Drug #5281, 121
E. Washington St. (Renewal)
(8) Consider a motion approving a Class 'C' Beer Permit for
Clarissa Watt dba Watt's Food Mkt., 1603 Muscatlne
Ave. (Renewal)
(9) Consider a motion approving a Class 'C' Liquor License
for Wig & Pen, Ltd., dba Wig & Pen Pub, 1220 Hwy 6
W. (Renewal)
(10) Consider a motion approving an Outdoor Service Area
for Wig & Pen, Ltd., dba Wig & Pen Pub, 1220 Hwy 6
W. (Renewal) .
(11) Consider a motion apprOVing a refund for a Class "E'
Beer Permit for Hy-Vee Food Stores, Inc., dba Drugtown
#2, 1221 N. Dodge.
d. Setting Public Hearings.
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(1) Consider announcing the date of September 29, 1992,
7:30 PM., to receive pUblic comments on the proposed
pesticide ordinances regarding commercial and private
applications.
e. Motions.
(1) Consider a motion to approve disbursements In the
amount of $8,287,003.88 for the periOd of July 1
through July 31, 1992, as recommended by the Finance
Director subject to audit.
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f.
Resolutions.
(1) Consider a resolution approving the official financial
report for City streets and parking program project status
report for the fiscal year ending June 30, 1992.
Comment: The Iowa Department of Transportation
requires all municipalities to submit these reports annual-
ly on or before September 30.
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Agenda
Iowa City City Council
September 15, 1992
Page 3
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(2)
Consider a resolution authorizing the Mayor to sign and
the City Clerk to attest the release of a mortgage
executed by Iowa City Can Mfg. Company to secure two
loans received from the City of Iowa City.
Comment: On March 7, 1990, Iowa City Can Mfg.
Company ("Can Company') granted the City of Iowa
City a mortgage which secured two loans made by the
City. (See attached memo). On August 7, 1991, the
Can Company repaid the principal balance of both loans
which totalled $481,141.89. This resolution authorizes
the Mayor to execute the release of the $550,000 real
estate mortgage executed by Can Company to secure
the two loans made by the City,
(3)
Consider a resolution accepting the work for the Plum
Street Improvements Project.
Comment: See attached Engineer's Report.
(4)
Consider a resolution accepting the work for the Evans
Street Bridge Repair Project.
Comment: See attached Engineer's Report.
(5)
Consider a resolution accepting the work for the Sanitary
Sewer, Storm Sewer, Water Main and Paving Improve-
ments Projects for the resubdivision of lots 25 through
32, West Side Park.
Comment: See attached Engineer's Report.
(6)
Consider a resolution accepting the work for the Sanitary
Sewer, Storm Sewer, Water Main and Paving Improve-
ments for Hunters Run Part VII.
Comment: See attached Engineer's Report.
(7)
Consider a resolution accepting the work for the Sani-
tary Sewer, Storm Sewer, Water Main and Paving
Improvements for Pepperwood Addition, Part 9.'
Comment: See attached Engineer's Report.
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Agenda
Iowa City City Council
September 15, 1992
Page 5
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(11) Consider a resolution authorizing the Mayor to sign and
the City Clerk to attest the release of a lien regarding a
promissory note executed for property located at 1813
'G' STREET.
Comment: The owners of property located at 1813 'G"
Street received assistance from the City's Housing
Rehabilitation Program on December 22, 1986. The
assistance was for a total of $14,915.80 in the form of
a declining balance lien. The rehab staff was contacted
by Lepic Kroeger Realty on September 2, 1992, asking
for a release. On September 8, 1992, the balance
($4,325.58 of the lien) was paid in full. The payoff has
occurred. The City can now release this lien.
g. Correspondence.
(1) Letter from Dorothy Huff regarding activities for teenag. '",
ers.
(2) Letter from Janice Havener regarding definition of
"family."
(3) Letter from Mary E. Lester Stinski regarding parking
prohibition in Capitol Street ramp.
(4) Invitation from Kevin Burt of Independent Living, Inc. to i
a 7:00 informal meeting regarding ADA on September I.
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15. Mr. Burt has been informed that this Is the same
date as the Council meeting. Council members will be
Informed when future meetings will be held.
(5) Memorandum from the Traffic Engineer regarding short.
term parking meters on the west side of the 10 block of
South Van Buren Street.
(6) Memorandum from the Finance Department regarding
notice of purchase of equipment. This is placed on the
agenda In accordance with State law.
(7) Letter from Life Skills, Inc" re9ardlng a Housing Support
Curriculum Project.
(8) Letter from Margery E. Hoppin regarding bus stop signs
on the west side of Clinton from Washington to Market
and on Jefferson Street from Capitol to Dubuque.
(9) Letter from Old Capitol Center Merchants Association
supporting the parking restrictions before 10:00 AM on
the lower levels of the Capitol Street Ramp.
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Agenda
Iowa City City Council
Sepiember 15, 1992
Page 6
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h. Applications for City Plaza Use Permits.
(1) Application from the Natural Law Party to set up a table
on City Plaza on September 9, 10 and 11, 1992, from
which to distribute literature and offer buttons and
bumper stickers for donations. (approved)
(2) Applications from Latin American Human Rights Advoca.
cy Center to set up a table on City Plaza during the
period of September 13 through 30, 1992, for the
purpose of distributing literature and offering crafts for
donations. (approved)
I. Applications for Use of Streets and Public Grounds.
(1) Application from Sue Schuster for the use of Ealing Drive
on September 7, 1992, for a neighborhood party. (ap-
proved)
(2)
Application from V.F. W. 3949 for permission to offer
Buddy Poppies for donations on city sidewalks on
September 5, 1992. (approved)
(3)
Application from New Pioneer Co-op for the use of Van
Buren Street between the driveways into the east Civic
Center parking lot for Midwest Food Festival on October
11, 1992. (approved)
(41 Application from the Downtown Association for the use
of sidewalks in the downtown area for Sidewalk Sales
on September 24, 25, and 26. 1992. (approved)
(51 Application from the Knights of Columbus for permission
to offer Tootsle Rolls to pedestrians for donations to
benefit special population groups on September 19,
1992. (approved)
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END OF CONSENT CALENDAR
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Consent Calendar Page 1
Courtney I Consider adoption of the consent calendar as presented or
amended. We need to pull item f.(9) for a separate vote. It
shouldn't have been put on the consent calendar.
Moved by Ambr,seconded by Horow to approve the consent
calendar as amended. Discussion.
Kubby I I had two questions about the street fmancing for it. There
were tvvo line items. One for police and enforcement and the
other one was for trees, I think. I know that we do these
things but I am just wondering if money is in another budget.
If the tree money is on the forestry budget and if the policing
and enforcement is in the police budget. I don't know if Jeff is
the person to answer. Kevin, if you know.
Schmadekel I'll check on that. I think this is primarily for use tax
purposes.
Kubby I So we wouldn't be using any road use tax money for those
purposes but there still is a line item.
Schmadekel That is correct.
Horow/(can't hear)
COUltney I Any other discussion.
Roll call- (yeses)
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Agenda
Iowa City City Council
September 15, 1992
Page 7 ~Ic~n
ITEM NO.4- PLANNi<<f~~D ~NING ATTERS.
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a. Public hearing on an ordinance amending the Zoning Ordinance
by changing the use regulations of an approximately five acre
parcel located at 1301 Sheridan Avenue from 1-1, General
Industrial, to RS.8, Medium Density Single-Family Residential.
(REZ 92-0011)
Comment: At its September 3, 1992, meeting, the Planning and
Zoning commission recommended, by a vote of 5-0-1 (Cook
abstaining), approval of a request submitted by John Shaw, Jill
Smith and Barbara Ludke on behalf of the Longfellow Neighbor-
hood Association to rezone an approximately five acre portion of
the ADS site located at 1301 Sheridan Avenue from 1-1, General
Industrial, to RS-8, Medium Density Single-Family Residential.
The Commission's recommendation is consistent with the staff
recommendation included in the staff report dated August 20,
1992. Included In the Council packet are 1) an August 31,
1992, memorandum from the City Attorney's office addressing
the non-conforming use aspects of the proposed rezoning, 2) a
petition with approximately 300 signatures of Longfellow area
residents in support of the rezoning, and 3) an August 20, 1992,
letter from attorney David Poula.
Action: ~) ~ J'D /
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b. Public hearing on an ordinance vacating portions of Dubuque
Road.
Comment: American College Testing (ACT) of Iowa City has
requested that a portion of the Dubuque Road right-of-way be
vacated to restrict public access to this road within the boundary
of the ACT property. At Its September 3, 1992, meeting, the
Planning and Zoning Commission, by a vote of 6-0, recommend,
ed denial of the request vacation of Dubuque Road. This
recommendation is not consistent with the staff recommendation
set forth in the staff report dated August 5, 1992.
Action: . )p t..J ~,tU
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Courtney/ I would also like to announce we've received a letter
today. Official protest to rezoning from the property owners,
which will trigger an extraordinary vote by council of 6-1 to
approve it. Id like to open the p.h.
Bob Downer/ I am here this evening on behalf of Advanced Drainage
Systems, a company that it has been my privilege to represent
since it has been a part of this community commencing in
1969. Its not the first time that I have stood at this podium in
regard to zoning matters relating to this plant. In 1970 there
was a similar request by persons in the neighborhood to rezone
this property. It similarly was adopted by the P/Z commission
and at that time was rejected by city council by a vote of 3-2.
At the time that I stood before your predecessors on that
occasion, I indicated that there were substantial improvements
that Advanced Drainage Systems planned to make in this
facility if it was allowed to do so by having what at that time
was M-1 zoning continued for this property. It was continued
and those improvements were made. Again in 1983, tins
matter was considered in connection with the adoption of the
comprehensive plan and the present zoning ordinance. And at
that time a request again was made for the continuation for
what was as close as the then proposed ordinance had to offer,
similar to a M-1 use, That was requested by ADS and was
approved by the city council. Unfortunately, there have been
some difficulties that have occun-ed from an economic
standpoint that would create a particular hardship if this
property was to be rezoned at this time. Its no secret to anyone
in this room that during the 19802 the state of Iowa went
through a severe economic crisis. Advanced Drainage Systems
pl1maiY market was agricultmal drainage. At that time, Iowa
was the hemt of their operations. They had 4 plants within the
state of Iowa at Iowa City, Eagle Grove, Cresco, and Creston. At
one time the facility here in Iowa City produced a greater lineal
footage of drainage matel1al than any pjace else in the world.
That is no longer true because the lllm'ket for drainage tubing
essentially dried up with the farlll economy. 1111989,
manufacturing operations in this faCility were closed. Instead
of havjng four plants in state of Iowa that at this time that are
producing tubing, ADS only has one at Eagle Grove. In 1989,
when manUfacturing activities were suspended at this location,
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a certain amount, although by no means all of the
manufacturing equipment, was taken from the property. And
so it is not possible at this time to start a production line in that
facility just by throwing a switch or something comparable to
that. There could be manufactUl1ng started with relatively
minor modifications to it. It would require bringing back some
equipment that was removed in 1989 at the time these
operations were suspended, Plus if this rezoning application
was to be granted in its entirety, it would not be possible in my
opinion, for ADS to again commence the same type of
operations it engaged on the property for a 20 year period
from 1969 up until 3 years ago. It would be possible, I think, in
the interim to haul in some equipment and install it. I don't
think anything that they would have to do that would require a
building permit. They could then perhaps do some minimal
operations on the property, but that isn't what they want to do.
They would prefer to let that decision be dl1ven by the market
rather than the zoning ordinance. Now I'm sure that all of you
have heard and read the stories about possible sale of the
property. As I indicated when I stood before the PZ
Commission, that is true. There isn't anything that anyone has
to hide with regard to that subject. There has been a purchase
agreement tendered by James O'Brien which has been accepted
by ADS that provides for the sale of this property. It also
provides for lease back of a velY substantial part of the
property and it is ADS's intention to remain in that property
for the foreseeable future but not as the owner. The area of the
property that they would be leasing would not encompass the
entire property but would the main building on the site and a
portion of the storage yard. ADS certainly is not sympathetic to
the concerns of those persons who live in the neighborhood and
ADS can understand how some use under an I-I zoning class
classification could be placed on that property at some future
time that would be much less compatible with the surrounding
neighborhood than we feel the ADS use has been. Therefore I
have been authorized today by ADS to offer the following
compromise proposal with respect to tIlls matter which we
would hope to have an opportunity to implement. I have
spoken with at least one of the members of the neighborhood
association who has been actively involved and an indication
has been given that they're interested in pursuing this, That
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proposal is the following: ADS would agree that the property,
except for that where buildings are located at the present time
could be rezoned in a RS-8 classification and ADS would not
oppose that rezoning. They would however request that that
portion which is cUJTently involved with the buildings and
primarily the main building, I don't know to the extent to
which the smaller buildings at the rear of the property would
be impacted by this, but at least the main building be
continued in a 1-1 use so that they could continue in the type
of use with the property that they have engaged in over the
period of their occupancy. Not only the storage and office uses
that are being made presently, but the operation of a
production line if that became feasible. At such time as ADS
vacated the property, the city could then pursue rezoning for
the balance of the property. We would like to see some zoning
classification utilized which penuitted some use of the existing
main building on the property. That we feel has some potential
for some other uses at such time as ADS might vacate the
property and we feel that the staff report addressed that In a
very constructive way. In summary, ADS feels that this
proposal represents going a substantial distance to meet the
concerns of the residents of the area in that that property
which is not presently developed will not be developed to an
industrial use. That tlle storage that is presently used by ADS
on that site could continue, but in all probability any other type
of exterior storage, and most assuredly any other industrial
development on the undeveloped property could not occur, At
the same time, ADS would not be placed in a pOSition where by
reason of the economic reasons that affected this state could
not recommence the use of the property for the purpose for
which it was Oliglnally occupied 23 years ago and the use that
was made of the property for a 20 year period. I'd be happy to
answer any questions that the council might have with respect
to this. As I say I've received authority to advance this
proposal today. I'm sure there are elements of it that need
further refinement but ADS feels that this a reasonable and
sensible compromise considering the legitimate interests of all
the parties involved.
Kubby/ Were any of the other plants available for manufacturing or
are they able to be retooled again for manufactmlng7
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Downer! Two, one of the plants, the one in Cresco, has been sold. The
one in Creston is in the process of being sold The one at Eagle
Grove is operating at capacity.
Larson! What's the proportion in acreage or square footage of what
you'd allow to be rezoned and what you want to maintain?
Downer/ Randy, I haven't calculated that, but it'd be a vel}'
substantial majority of the site, because the building is a long
narrow north south building along the westerly boundal}' of
the property and then it extends for a block and a half or
thereabouts to the east. I would say that it would be at least
75% of the site, Don't hold me to that but that's just an
approximation.
Ambr! Bob, I think the building is 300 by 60. The total acreage is 7.
Did you use the word plural? Or did you just say the main
building?
Downer! That's one thing, Bill, that I am not clear about. Other
buildings are quite small and the are located to the rear and if
some configuration was made to include those out buildings,
that would not appreciably increase the area remaining as I-I
because they are located quite close to the main building and
would not be such that a lot of exterior storage or anything of
that nature that was permitted under an I-I classification
GOuld occur if use was to change if a new occupant was to come
in,
Larson! I'm familiar with the building. I just wasn't sure how much
parking and storage would be involved that needed to stay I-I.
Downer! That as I say is something that needs to be refined. But in
general, virtually all of. There is a railroad siding that parallels
the main bUilding on the east. And what I would contemplate,
Randy, is basically evelything lying to the east of the railroad
siding would be rezoned.
Horow! But of that portion of the land the creek runs through a
comer of it. So there's a flood plain involved.
Downer/ There is at the extreme east of the property. There's only a
velY little area. In some places I think that the creek is
actually east of the property line, but there is almost no
property, there Is no usable property that lays to the east of
the Willow Creek. Even were it to have a higher elevation
because they're just slivers that are there. There would
certainly not be roOIl1 for any sort of structlUoe located east of
the creek.
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!..arson! Would your proposal be then that the area that remains I-I
would have to remain that way in perpetuity or would you be
willing to put a time table on that?
Downer 1 I don't that we're in a position to determine what happens
in perpetuity. We would certainly be hopeful that this matter
as far as that part of the property could be laid to rest during
ADS's continued ownership and occupancy ancl/or occupancy of
the property. If the sale goes through but ADS continues to
occupy that property in its entirety, we would anticipate that
the I-I use be continued. As far as we're concerned, I don't
think there would be any attempt to try to lock that in after
ADS had departed.
Larsonl What I was getting at I guess was the flip side is would you
be Willing to say that no other uses will be made that once ADS
disposes of the propel1y that that ends. In the agreement that
it can be rezoned at that point. I guess you wouldn't care at
that point.
Downerl As far as any attempt to exclude that from consideration
after that time I'm sure that we would not try to prevent that.
Larson! I don't know if it can be done in terms of legal mechanics.
But I wouldn't want a purchaser to think they were buying a
spot ofI-l land.
Downerl Sure.
Larson! I'd want them to understand that when you folks left it was
gone. I don't even know If your proposal warrants selious
consideration If you're saying if it was you'd prefer that it'd be
a situation where someone not come in with a use and now we
got Some new buyers say wait a minute I bought it as [-I, You
can't change it on me now.
Downerl There woujd be no effOJ1 with regard to this to hide the
facts from any purchaser. HopefUlly the persons who have
made application for thIs rezoning feel that we have been open
and candid with regard to the status of this property In tenns
of a sale. these things to the extent that we knew them at the
tIme that this came before the PZ COlllmission was alI disclosed
to IlZ at that time.
Kubby 1 linda, was an agreement such as that ,myone could, someone
could come in unci buy the property, lease different parts of it
back to ADS but then they could do anythIng that falIs under
the [-I within the zoning code use. You could have use of that
property under the code.
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#4a page 6
Gentry / I must compliment Bob and David, my counsellors in the
audience, on their creativity in tlying to work out a
compromise. This is the first time I've heard Mr. Downer's
presentation on ADS. I did have a chance to hear David Poula's
possible compromise which you will probably hear next. You
have about four different areas of law. You have many issues
In tenus of non-conforming use, property tights, non-vested
tights, property taking question, spot zoning, conditional zoning
agreement, whether we even have authority to bind future
council members. You don't have a vested right in zoning
questions. And this is a multifarious list of issues that I'm
frankly not ready to give you a full blown opinion tonight.
larson/We understand that. We'd probably wait till tomorrow if you
want.
DO\\lJ1er/ Seems perfectly simple to me, John.
Gentry/Thanks for the call, Bob.
Kubby / One of the things that will be helpful for me is to understand
and I don't expect it tonight but what your manufactuting
process is, What kind of emissions there are. What the
additional truck traffic would be if ADS should start to
manufacture at that site again. That would be helpful
infonnation for me to process through this.
Downer/ I knew that at one time but my memOlY Is not that good,
Larson/ Bob, I guess I need-what I can't understand is why you
don't sell the thing to a developer and make a whole bunch of
money and go to one of these other plants or establish your
plant somewhere else. It would be worth more to you sold
than it Is existing.
Downer/ I don't think that that is tlUe, unfortunately. I think the
cost that would be involved particularly In establishing a
manufacturing facility would be considerably higher than
retention of this facility. The reason why this property was
purchased In 1969 was because ADS looked at a proposal by a
developer to build a facility for them in part of the BD!
property and as a brand new company at that time found that
they simply couldn't afford It. The cost I think would be
substantially greater than this If it were I think clear that they
were going to continue manufacturing for an extended period
of time In this area they would probably dot hat. It Is entirely
possible that manufacturing may never be resumed at that site.
But because of the hlstOlY of it. The fact that there Is a
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#4a page 7
substantial amount of machlnelY in the property at this time
by which that could be done, they want to preserve that option.
But would do so in such a way that the use could never be
expanded beyond what had been done within the existing
building at the time they were manufacturing.
Gentry! I have a question. Bob, would you agree with me that ADS
right noW has the right to commence manufacturing under the
existing zoning.
Downer! Yes, I would.
Larson/ My question is which issue is more important to you. The
fact that if we rezoned this fairly quickly before you resume
manufacturing that you would be barred from doing that in the
future or the proposed sale or the contemplated sale, whatever.
Downer! I'm not sure I understand the question.
Larson/ I guess I don't know which way we hurting you worse if we
did this. Are we hurting you because you need that option to
resume manufacturing therein future and you couldn't if we
rezoned it?
Downer! Oh. Okay. Absolutely.
Larson! Or are you hurting because we're cutting off your sale.
Downer! N. I'd, it is my position that that does not cut off the sale,
Now Dave wl\l have to speak to that because obviously there
are two sides to that question. But the removal of the abllity to
begin manufacturing on that site Is what we're concemed with,
not the kllling of the sale. Because I don't think it will kill the
sale.
larson! Is that your opinion to, Linda?
Gentry/ I'm at a loss here because the last time I heard this
conversation, there was a disputed agreement and now they're
telling me there's a signed agreement. I don't know what that
agreement says and I don't know what the conditions are. I
don't know whether it's contingent upon being able to
reinstitute manufacturing or not.
Dower! It is not conditioned upon being able to reinstitute
manufacturing and It is not conditioned on zoning.
Larson! My question Linda was do the uses are they things that are
being done there now so that even if we rezoned it they could
be continued as nonconforming use that was in effect at the
time of the rezoning. How can the new uses be allowed.
Gently/ The new use can be allowed. Well, lets back up. We ail
agree that warehousing and storage would he protected If this
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#4a page 8
were downzoned as nonconforming uses. And I think that we
have all agree that the manufactw'ing use was abandoned in
1989. Now-
Downer! Suspended.
Gently! I think we would probably disagree it sotU1ds like. I have a
pretty clear view of that. I think it was abandoned but it is
highly factually oriented. Depending upon the amount of
equipment. I guess I am just puzzled as to this highbred mix of
wanting to continue a use that isn't there based on an economic
choice which under a takings law it doesn't fit. I guess we
could probably argue this and we will argue tltis again later no
doubt.
Downer! They certainly did not suspend manufacturing operations
on that site in 1989 with the idea tbat it would never again
occur. Othen\1se they would have pulled tltis equipment out
and we probably would be having this discussion. They took
only certain pieces,as I understand it, that tiley could use
elsewhere in their operations, But the bulk of the assembly
line materials were left on site.
Horow! In order to start manufacturing again I thought you said that
they would have to bring pieces back in.
Downer! Yes, I did Some pieces, not all of it. Most of the equipment
for the assembly line is there. There are some segments of it
that have been taken out but-
GentlY! If It Is that readily redoable my question is in order to
protect the rights right now why not just redo it.
Downer! That involves a cost and it also involves them doing
something that was not In their plans to do at this time. If they
are forced to do it, maybe they will. I don't know.
Kubby! So Unda, if the remaining parts of the assembly line are
Installed-
GentlY! They could have done It the last 45 days.
Kubby! So, lets say that thy Is a choice that ADS makes. Then the
only manufactl1ling that can happen In there Is of the drainage.
Gentry! That use.
Kubby! That specific product.
Larson! Can they make widgets or do they have to make drainage
tubes.
Gently! I think the manufacturing use would probably expand to
widget.
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#4a page 9
larson! My simple question I think is, linda, if Dave Poula's client is
going to do a use that is similar to what ADS is doing now.
Gently/There is no question that that is protected as non-
confonning. Yes. We all three lawyers agree on that.
larson! What couldn't happen is if we rezoned it Dave Poula's client
couldn't do-they could do some warehousing and storage or
something but they couldn't build a car wash or something else
that could go in that zone that ADS has never done.
Gentry/Right. Exactly,
larson/ The sale doesn't cut off the use. The sale to David Poula's
client. The use is continued as a nonconforming.
Gently/Rezoning law protects an old use that is nonconfonning so
long as it is continued and not abandoned.
larson! No matter how many times the ownership changes.
Gentty / Regardless of ownership.
larson/ Thank you.
Downer/ Thank you.
David Poulal Representing James O'Btien, contract purchaser, Linda,
I got to qulbble. Sony. We did not know that this rezoning
was applied for 4S days ago. We got notice of it 30 days ago
and so that is one of the reasons why Mr. Downer's client can't
reinstall their production line is because things are going
quickly. But I can save some of the council's time with this
presentation. It is Mr. O'Brien's position that as soon as ADS is
done with the property he wants it all zoned RS-B. But because
we are invoived in a commercial transaction whereby James is
buying it and we are leasing it back, we have got to assist ADS
in using it in the manner to which they deemed appropliate.
And so I second evety single word that Bob said. I can clarify
one thing. The front buIlding there is a three bay storgage
area. And the main building are a part of the lease. The back
two sheds next to the railroad tracks are not part of the
leaseback. Bob just didn't have that information. But that is
my understanding of the transaction. As Linda and I talked
today, one of the options is-Bob gave you one and I am not
disagreeing with his option. One other one that Linda and I
spoke about is to simply pass two readings of the rezoning and
the day ADS moves out make the third reading. We would
consider that. It has got some technical problems that we have
discussed. Bob's idea is fine. Rezone evetything north of the-
west of the tracks-east of the tracks. /vIr. O'Btien has no
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#4a page 10
interest in constructing anything that is pel1l1issable under the
I-I zone. We are not going to build anything consistent with a
I-I zone. We are not going to modify anything. We want it RS-
8 when ADS is done with there portion of the track.
Kubby /In the meantime what will be done with the remaining
portion of the property that ADS will not be leasing back,
Poula/ Storage. Left vacant. You see it is very difficult to develop
seven plus acres in 30 clays. If we had a plan I would show it
to you. We have not had the time to get to tins point in the
development of the property.
Kubby / If we did two readings and held up on the third until ADS
left the site would that put kind of a moratorium on any other
use even though it was still I-I teChnically or could-
Gentry/ The idea Is so novel I am not going to issue an opinion on it.
Larson/ You mean not give a third reading for like 40 years.
Gentry/ Two years.
Poulal This is a short tenl1lease.
Larson/ Y OU1l1ean to tell me that ADS is leaving the property within
two years?
Downer/ That's I think remains to be seen from our perspective.
Nov/ I think we sure want to see it In writing.
Poulal I second that. I second that.
Larson/ Well that, you know, I may be Johnny-come-lately, but I
have the understanding.
GentlY/ No you're right on time.
Larson! I thought you wanted to stay there a long time,
Downer/ That's their present intent.
Larson! And they're signing a two year lease without options?
Downer/ I have, am not sure what their plans are as far as their
leasing Is concerned, but I have had no communication from
them that it is their plan.
Courtney/Are you picking this up, Marian? Bob, we're going to have
to get you back to the mlc. Marian's not picking it up.
Downer/ I've had no Indication from ADS that they have any plan to
abandon this properly as the site of their operations In this
area In the near future, peliod.
Larson/ Well one Indication Is If they've signed a contract that called
for a two year lease. That's an Indication to me.
Downer/ I don't know what happened In connection with the
negotiation of that purchase transaction, because I wasn't a
party to It.
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#4a page 11
larson! Okay.
Downerl My conversations have only been on the ADS side of this.
But it is my belief from what I have been told that they would
plan to stay there for a considerably longer period of time than
two years.
Larsonl Makes a rather large difference I think as we go along. We
are not going to be voting tonight but from my view point
getting this property RS-8 seems to be fairly obviously the
light thing to do and 0 know that the company wouldn't want
to put there plant there if it wasn't there already. I mean this
is a residential area. And if this can be done two years from
now without lUining a company I am all for that, maybe. But
to let a company stay there indefinitely with no restrictions on
how long that might last is a whole other questions. Those
matters might be pertinent in terms of time table.
Poulal Any questions of me.
Gentry I May I have a copy of the contract,
Poulal I think tat is a plivate document, linda. Don't take that
personally.
Gentry I If there is going to be any allegation of interference of the
contract I think the city is entitles to have it.
Poulal I understand your position.
, Lc1l'sonl The question that I warned you that I was going to ask.
Gentry/ I think we have-the specific question of successful litigation.
You know I am not really In a very good position. Especially
not seeing the contract as to what the business expectancies are
of either party. The taking question is easy. I can answer that.
. There is not possible taking,
larson! We can rezone this without getting sued for taking the
, property away from them.
Gentryl Under a Fifth Amendment, 14th amendment, just
, compensation question, there is no laking because- the bottom
line is either one of them wlIl have a reasonable use of their
property left. Reasonable beneficial use. The other questions
of estopel reliance, contract rights-! can't answer that.
, larson! My naive question Don to answer your puzzlement is how
likely are we to get successfully sued if we rezone this. I think
that there has been ample evidence that alleasl we have been
warned that we might be putting ourselves in that position. On
how successful it might be she can't answer,
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#4a page 12
Courtney I You don't believe there is a taking. You deny the ability to
continue to conduct there cmTent business. They are alleging
that their current business is still manufacturing.
Gently I Obviously it is subject to argmuent. If someone is going to
threaten litigation this ought to be discussed in executive
session.
Larson! Thank you.
Poula! The threat of litigation was made historically quite a while
ago. Conditions have changed. As of this evening I have
appraised the council the Mr. O'Brien is ready, wiIling, and able
without any threat to accept RS-8 zoning when ADS is done
with the property. That does away with the threat of litigation.
It is not a threat at this time. However, under our leaseback
agreement, if ADS can't manufacture as they wish, that puts us
in a very ackward legal position. That is what led to my offer
today to staff not council, I have not addressed the council on
this issue before. Is to create some mechanism, either what
Mr., Downer has suggested or what I did or some other
suggestion that the council or legal staff has. To maintain the
1-1 zone for the benefit of ADS until they are done with it. At
that instance evelything can be RS-8. No problem.
Larson! And Mr. O'Brien would not continue any nonconforming uses
but would convert the entire site to RS-8.
Poulal Yes Sir.
Kubby I And that is something that can be put in writing.
Poula! Of course. Subject to legal technicalities of a difficult nature,
GentlY I And both of the suggestions. I al1lnot discounting them but
they are complicated enough in terms of a split zoning in terms
of Mr. Downer's suggestion and a possible conditional rezoning
agreement with Mr. Poula's suggestion that would have to take
some looking at. Some close looking at because I am not going
to advise you to go into an agreement for a split zoning that I
think is elToneous from the outset. '
Kubbyl We were planning on three p.h.s, right. I had read in a
neighborhood newsletter that there were three dates. Maybe
those were readings.
Gentryl Those were readings.
Novl Some of that was P/Z hearings.
Larson I could tell you. Tonight. Two weeks from tonight. Two
weeks from then.
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#4a page 13
Kubby / Sept 29, Oct 13-those would be readings. Maybe we 1'1'111
need to defer if we want to have this investigated.
Horow/ If this is rezoned RS-8, ADS where it is right now can still
remain as an I-I use.
Gentry/They can continue with their present use. No question about
it.
Larson! They could sell it to someone else to continue in theat use.
Gentry .
Courtney/However you are saying that present use is nor
manufacturing, it is storage.
Gentry/That is what I have been toid.
Courtney/And the belief on the other side is manufacturing.
Gentry/The capabilities of it constitutes a use. That is an argument.
Horow/Okay. Thank you.
Poulal Any other questions. In summaIY I will just say that we
have not that far off. As long as you understand that ADS
wants a temporalY use and Mr, O'Brien doesn't care if it is all
RSO-8 when they are done. And we 1'1'111 do anything we can to
cooperate to accomplish that goal.
Kubby / We will need to-
Gently/ To continue the p.h.
Courtney/Lets go on with the p.h. for tonight. Any other public
cOlmnents on this item.
Barbara Ludke/ I live at a 1122 Sheridan Ave. Many of the points
that were brought out tonight of course were very new to us.
We leamed those almost at the same time you cUd. So, We wJll
continue with our blief conmlents as planned. The ADS
property committee of the Longfellow Neighborhood
Association submitted an application to the City of Iowa
requesting that the approximate five acre parcei of land
currently owned by ADS on Sheridan Ave. be rezoned from I-I
to RS-8. Specifically the RS-8 zoning is appropliate for these
reasons. The ADS property is located in the neighborhood
zoned RS-8. The city of Iowa City's Compo pjan recommends
through its land use map that this property be rezoned RS-8.
The majority of neighborhood residents who responded to a
recent Longfellow neighborhood stuvey want the ADS property
rezoned residential or used for parkland. Also a petition and
endorsing tins rezoning request was signed by over three
hundred residents who live in the city blocks immediately
adjacent to the ADS property,
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#4a page 14
CHANGE TAPE TO REEL 92-82 SIDE 1
Gentry/Encourage the relocation of incompatible and obsolete land
uses and that re-evaluates zoning districts and neighborhoods
where identified conflicts exist. These policies also state that
businesses reliant upon community wide patronage vs.
suppling the everyday needs of the neighborhood should be
located in designated community commercial areas to preserve
the residential purpose and character of our neighborhood.
The P/Z Commission approved our rezoning request on Sept. 2.
We ask that you seriously consider the potential and
detIlmental affects continued with industrial use of this
property and effect they would have on the Longfellow
neighborhood. And also the benefits accruing from a
residential zoning and to approve our request. Thank you.
John Shawl 437 S. SUllunit. The firsllhing I would like to say is that
there seems to be general agreement in this room that the
proper zoning for that parcel is RS-8 and even from both sides.
I intended to read a list out of the Iowa City zoning ordinance
of all of the potential uses for an industI'ial zone, I don't know
whether that is germane to the topic right now. I would like to
say that I have some serious concerns whether the legal
questions in the proposals that have been presented tonight
can be answered. Whether we can expect future council to
abide by what is decided here and just urge council to act
toward rezoning this property RS-8. Thank you.
Courtney / I think if it is going to change anybody's plans for what
they have to say tonight that more than likely this p.h. will be
continued so that #1 the neighborhood can get together and
talk about what has transpired so far tonight and #2 so that
om-legal department can go into some discussions with the
other legal councils, I doubt seIiously that we will close tI1is
p.h. tonight. If that changes any body's plans. We will take any
further input that you woujd like to have.
Maty Brookhart! 1227 Sheridan. Over by the ADS plant. There is
one house, the Lehman's house, that sits between our property
and tile entrance and the whole side of the street of ADS. I
guess I would just like to give YOll a little bit of flavor what it
has been like to live next to that IndustlY for the past 18 years.
We did inquire when we bought Ollr place and told tIlat it was
a nice quiet little [actDlY> Well that hasn't been quite accurate
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#4a page 15
in out 18 years of experience. The first five or sLx years until
the early 70's it was a moderately intrusive neighbor. The
storage is on the east side of the factory which means that most
of the loading and most of the storage and 1U0st of the
transport until that time was done by railroads off that back
side. There was probably a dozen heavy pickup trucks with
flat beds coming into that place during that time dUling the
daytime. Often dming that period of time the loading docks
which were on the residential side were left open at night.
When we would call and complain the next day about the
radios blaring at top speed and workers yeiling over the radios
to be heard, we were toid that no they didn't live their docks
open at night. That wasn't their policy. They weren't there
during the night. Often times our decision whether to run a
loud fan or tum our window air conditioner on was based on
how loud and how often our children woke up and the duration
of the noise. In the late 70's I guess it was maybe in response
to the railroad strike. Maybe in response to the more economic
way of shipping their matelials ADS began to use many many
semi trucks. Coming down Sheridan. The bulk of that traffic.
It was 24 hour a day traffic. The bulk of that traffic came in at
10 PM to 1 AM. Semis would sit on the residential side by the
loading docks often with their diesel engines mIming to be
loaded up. We went through this ail night long, Again, if we
couldn't get relief from calling over there during the daytime
we would call the police on the average of two or three times a
year to please quiet the people down. The trucks started
pulling out of that plant at 4:30 or 5 in the moming. Most of
the truck traffic was accomplished during what you and i
consider quiet home time hours. Some heavy traffic still exists
right now. When manufacturing decreased in '89 truck traffic
dropped off remarkably. However if anybody goes over to that
Intersection and tai<es a look the curbings me non-existent.
The sidewaiks have cracks in It. Our neighbor's yard, the
Lehmans, have tire tracks across their yard. The concrete
posts, two big heavy concrete posts that are suppose to protect
the fire hydrants are aiso bashed In and scraped from the
heavy truck traffic. It Is just not a corner that trucks can
negotiate easily, Sheridan Street has bus traffic. It allows
parking on the north side and it has semi traffic with that going
on. Three-car, semi, bus cmmot fit on that street. If you get
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#4a page 16
behind a senti going up or down Sheridan Ave. you have lost
visibility both to other automobiles and to other car traffic and
to pedestJ.ian traffic.. Many children cross at that corner that
leads into the ADS plant. They go to Longfellow, Southeast, City
High. Any pedestrian using what is the south side of the stJ.'eet
needs to cross over at that corner if they want to use the
sidewalk because there is no sidewalk even in front of the ADS
plant wltich encompasses about a block to a block and a half.
Several times during the heavy semi tJ.'affic years which was
about a decade we called the city. We called the police. We
called state offices to find out what we could do if anything
about this. The only action that we were advised was by Mr.
Sueppel when he was Ass't City Attorney was that maybe semi
traffic could be prohibited on the street from lOPM until 7 AM.
As far as scmi and dicsel running in that plant, nothing could
be done. It was their property and they could pretty much do
what was proper for the zoning and what they wanted to do
with it 24 hours per day, The burden was left on us as
homeowners to go forward with any kind of remedy that we
wanted to pursue. Nothing from the public was available to
help us. Another issue that I would like to address is
manufacturing issue. During the mid-80s ADS went from
manufacturing what was a 6 inch drainage tiling to a 12 inch
drainage tillng and the reason we noticed ve1Y acutely was
because evelY 3 to 6 seconds we had a loud thlUllping noise
conting up through our plumbing. Either the sewer or the
water pipes in our bathrooms in our house. The only way we
could even sleep at night was to close doors and lay towels
along the bottom of the doors so that we could kind of modify
that thumping sound. A call to ADS. I called them tlu'ee times
before I could even get accurate information from what had a
change in their manufacturing process because they were
unwilling to even say that ti1ere had been any changes. Again,
calls to the city were-offered us no relief. We know that at
least two other fantilies on Maggard St. had that same problem
and it was not a noise that you could hear velY well outside. It
was just inside our home. There answers to I feel some serious
health questions that we have never been able to get. 1 am
nurse by background. This plant manufactures plastics, What
chemicals are hauled in and out of that plant to do that. What
are the risks if some kind of loading truck tUI1lS over is In anc
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#4a page 17
accident. What emissions come off that plant when
manufacturing is occUlTing. There is a huge storage area back
there with tiling. Is that akin to tires. What would happen if
that went up in flames. The reason I guess I am reminded of
tI1is is because tIlere were fire trucks there at that plant as
recently as last SUllllner, in July. We have never been able to
resolve the noise and the dust problems in OUl" house. A lot of
times during the heavy use years we kept our windows shut
because if we even opened them for 24 hours we could write
on ail the wood furniture we had. It is not a nonnal residential
use. The constant senn exhaust. What does that do to pollute
the neighborhood. That is heavy carbon dioxide coming off of
those tl1ings. How far does it come into om" neighborhood in
heavy concentrations. I guess I expect you know some
interferences in my life in the neighborhood. Even in a
residential neighborhood. The neighbors dogs are going 0
knock over my garbage can. My kids and other kids are going
to run through flower patches and wreck my grass. I don't
think I should have to put up Witll you know constant 24 hour
daily noise. Semi traffic in and out of a half a block near and a
half a block away from me and have my kids cross at that
intersection to school which is just not safe. I would hope that
you would see tIlis as an issue that needs to be resolved witI1in
tile city. We live in-we are surrounded-we are residential
surrounding that plant. And we would ask you please to
consider a use that is In harmony with what we are as
residential. The high red-of course we heard tonight of maybe
industrial if they can hack it econon1ically. If they can't, well
maybe not. I don't think it is fair to us. We have all VI'aited
many many years for the city to implement a comprehensive
plan tImt is down on paper for a long time. The hardship goes
our way as well as their way. We have put up with hardships
and we are not asking you to implement a hardship on tins
factory. They are not manufacturing. They have tile uses that
are currently there for them. Please consider a use in the RS-8
nature that is more in harmony with the rest of the
neighborhood. Thank you.
Pat Foisom/739 Clark Street. I was going to address the traffic issues
tonight. Particularly In terms of potential future uses of
industrial zoning. I think I will go ahead and do tlmt because
we haven't ruled out Industrial zoning. And why it is
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#4a page 18
incompatible. The type of traffic that it generates is
incompatible with the neighborhood. Traffic generated by
industrial zoning could include anything from a straight truck
like a van or u-haul to semi trailers. And there are a number
of reasons why heavy industrial tJucks or semi trailer traffic is
incompatible with surrotmding RS-8 zoning. The only access to
the property is via local residential streets. These streets were
neither designed or built to accomlUodate heavy industlial
vehicular traffic. Most of the neighborhood streets are
classified as collector streets. Streets that collect traffic and
send it on to busier or arterial streets. Even the one arterial
street in the neighborhood, Summit St., has a problem in that
there is an embargo on Summit Street bridge for heavy trucks.
The only reason ADS trucks have been able to use the bridge is
because drainage tubing is very light. City buses, for example,
cannot use the bridge. There fore trucks go into or out of the
site are thrown in one of tow directions. In one direction they
would move from Sheridan onto 7th Ave. Another collector
street. And Sheridan Is only 2S feet wide. And Maty has just
pointed out the problems with trucks uying to negotiate there
way onto a 2S foot wide street. My mind boggles at the idea of
semis tlying to turn onto 7th Ave with a compact car. That is
difficult enough with that. If they go the other direction and go
towards Summit-because of the bridge they are thrown
through one of the most beautiful historic districts in the city.
If they are light enough to use the Sununit Street bridge.
Again they are thrown onto another histOlical su'eet, Kirkwood
Ave. Which the council has just voted not to widen because it
would desu-oy the chat'actelistlcs of the neighborhood.
Another reason is the City of Iowa City's land use policy states
that businesses reliatlt upon conununlty wide patronage as
opposed to those supplying the evelyday needs of the
neighborhood shouid be located in designated community
commercial areas to preserve the residential purpose and
ch;mlcter of the neighborhood. Over the years the site has
been used for manufacturing farmmachinelY, construction
machinclY, gasoline engines and drain tubing. It has been used
as bulk oil storage and selved as a sweet corn canning factory.
it is hard to imagine how in any of these uses has supplied
evelyday needs of the neighborhood. In most of these cases
they are not even community wide neighborhoods that are
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#4a page 19
being met or patronage that Is being met. It would In
intrastate or interstate needs and patronage. Also heavy
Industtial traffic presents safety concerns. And this is not a
new Issue with Longfellow area residents. We have always
been concemed about keeping our streets as safe as possible
for people In our neighborhood and for our children. And we
have worked with the city to do so. Examples of our
cooperative efforts with the city include the four way stop at
Comt Street and Oakland Ave and the pedestrian crossing light
at the corner of Muscatine and COUlt Stt'eet. Children cross
Seventh Ave. They cross Sheridan and Summit on their way to
and from school. They will be crossing the same Intersections
and tt'aveling the same streets that the semis would be
negotiating. The same stt'eets that are not sufficiently wide
enough and designed to accOImnodate those types of vehicles.
Clearly it endangers the pedestt-Ian tt"affic in our neighborhood.
Consider too anotller safety factor that depending upon the
type of industry on the site, cargo carlied by the tmcks could
expose residents to a wide range of chemicals or hazardous
matelials. Mcuy has already talked about the dirt and tlle
noise and why that Is a problem and could be a problem. Not
only witll the manufactuling but with the tmcks. But also
Longfellow Is what I would characterized as a heavy pedestrian
neighborhood. Over the years that we have lived tllere out of
town visitors to our house have frequently commented on with
great envy the fact that people in the neighborhood still take
early evening walks. They stop to chat with each other on the
cmbs. People sit on their front porches and chat with
passersby. It Is hcu'd to imagine sustaining that kind of an
atmosphere or climate with semis going through your
neighborhood streets. Heavy Industlial traffic then is
incompatible for safety reasons, for structural reasons In terms
of the streets and because its patronage Is not to supply the
evelY day needs of the community. More importantly I think
it would destroy what I consider one of the chcu"acterlstlcally
defining-to one of the defining characteristics of our
neighborhood and that It Its pedestrian feature. I urge you to
rezonc it to RS-8.
Cecile Kuenzli! President of the Longfellow Neighborhood
Association. I hadn't planned to speak this evening because I
think ware well represented by your speakers and bccause I
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#4a page 20
think you are probably sick of seeing me up here. But a couple
of the remarks that were made this evening prompted me to
make a few -to mention a few things that I would like you to
keep in mind. Tllis matter has been pending for 20 years. It is
time to settle it. You have before you two recommendations
from the previous P /Z COlmnission in the 70s to make this land
use RS-8. And the one that was just past last week by the
current P IZ Conunission to retum the land-to make the land
RS-8. And also the fact that the city's comprehensive plan calls
for the lands eventual retum to residential use. The
compromise which we just leamed this evening does not
change our reasons for asking for a rezoning of the land
because even with the comprOlnise the retaining a parcel of
that land as I-I would still be inconsistent Witll the residential
character of the neighborhood One has to wonder what kind of
residential development one could expect to attract people to if
it was located right next to the factol)' on an even smaller area
with even less distance from the factory than there currently is
by the slllTOunding houses. I would like to make a cOlunlent
about !vIr. Downer's remarks that he and his client have nothing
to hide with regard to the sale. Last Januaty when we first got
wind that this property nlight be for sale I called the local
plant manager and we sent a delegation from the Neighborhood
Association to talk to tlle local plant manager to ask what the
intentions might be. If the land might be for sale and to let
them know that if it were we would like to be informed
because we have concerns about what happens to that land.
The manager informed us that he knew not1ling but would let
us know as soon as he knew anytlling. We never heard again
from him. Then this past July We wrote a letter to the
president of ADS in Columbus again because we had heard
rumors that the land might be for sale asking if this were so.
Asking to be included on what the eventual use of that land
might be. And this we found out later when we didn't get an
answer was that at the time their agent was in Iowa City
talking to Mr. O'Brien on the site and was appat'ently at anotller
site in IDlva. So we have never really gotten official word from
them that the land is for sale and yet here we are talking about
it for sale. Secondly we have a lot of mistrust about what the
developer's plans are for this property. Obviously our interests
is to see it developed in a manner that is consistent with the
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#4a page 21
residential character of the neighborhood. But his plans keep
changing. When we were able to meet with him his original
plans were for mini-storage units. Concrete mini-storage units,
Then we heard that he wanted to put in a beauty shop or an ice
cream parlor or a day care center. And now we hear this
evening that he is talking about RS-8 residential. One has to
wonder. We really wonder what he has in mind. We are still
interested in the RS-8 zoning. We think that in the
neighborhood association we have a lot of energy and people
with Ideas and imagination and resources to see this property
developed in a manner that is consistent with the residential
character of the neighborhood. Thank you.
Tom Charlton.! 821 7th Ave in Iowa City. I appreciate the concems
of those who have petitioned for rezoning of the ADS property.
Their concerns are obviously for control over future changes on
the property which would be incompatible for the
neighborhood. I have not been involved in anyway in the
petition for rezoning. I do support its intention. But there are
some aspects of tins rezoning petition which were not raised
until tIllS evening by Mr. Downer on behalf of ADS that I
believe should be considered in any decision. My concern and
I commend Mr. Downer and ADS for tlleir foreSight on this
maimer is with the steps to be taken to preserve and recycle
the main ADS building, now almost 100 years old. I sight the
main building because a smaller but probably equally
historically brick structure to the SOUtll has been allowed to fall
into disrepair and according to an article in the Press Citizen Is
currently being demolished. The staff's excellent report on the
rezoning which lvas prepared by Melody Rockwell clearly
recognizes and states the hlstOlical importaIlCe of the structure.
It urges tllat consideration be given to preservation and reuse.
The building is In jeopardy In rezOlllng since it does occupy a
substantial part of the high ground above the flood plain over
Ralston Creek which could be developed with in that property,
Given the fact that the decision of the council and I realize that
this is not imminent but is to take place over a peliod of time-
coincides with consideration of the hlstOlic preservation plan
which is being prepared for Iowa City. 1 urge you all to
consider the ramifications of the zoning classification on
historic preselvatiOl1 and in tillS particular case which zoning
decision will past selve to preserve and recycle the remaining
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ADS building. Although it is no Lowell, Mass. it is ours. It is
the industrial hetitage which predates the Longfellow
neighborhood. The one remaining factOlY in tills are is
important to the integrity of the neighborhood and it is indeed
a legacy for future generations.
Sally Hartman! 826 Roosevelt Street. Two years ago some ftiencls
and neighbors and I talked about the future of our
neighborhood. And one thing we decided in there was that we
weren't gonna just let things happen to our neighborhood but
that we were going to be involved in what happens to our
neighborhood. That was the stat1 Qf the Longfellow
Neighborhood Association. And it has been a wonderful
experience for evetyone involved in the neighborhood
association. You've probably heard about the Camp Gitchee
Gummee and you have heard about the garden walk and the
potlucks and the events that we have had. But more
importantly I have seen this neighborhood come together and
work together. On the other hand I have seen that there is
quite a diversity of an opinion. And as far as the ADS property
goes I think that evetyone agrees that I have talked to in the
neighborhood does not want to continue it being industrial.
That causes a lot of problems in people's minds. But as far as
what should be there, there Is a lot of variety of opinions as the
previous speaker pointed out. That he had his idea of what
should happen there. But tonight we are malnly considering
what should happen in regards to the industrial zoning. I see a
lot of benefits for the city for tills to be rezoned residential.
And I think a lot of people have touched on it. The traffic. But
I also see some other things that I would like to just touch on.
I realize that perhaps this is your fOl1h meeting of the day. I
want 0 compliment you on your stanllna and your interests. I
am really proud to be here as part of eh neighborhood. So
some concel11S I have or some ideas I have on how this could
be beneficial for the whole city is that if it were not zoned
industrial people would be more likely to be secure as to what
their property value would be and would put money into their
properties. Also that goes hand in hand with Illstorlc
presetvation. They would be more interested in the historic
preselvation aspect because I know what is going to be there
whereas if it is zoned industrial we don't know what could
come. Also RS-8,thc benefit of RS-8 would be that it would
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#4a page 23
provide certain things that our city needs. The city needs more
four bedroom homes that are close into. You ask anyone that
lives in the Longfellow neighborhood with a fom bedroom
home and they will tell you how lUany offers they get on their
houses and they are not even up for sale. Maybe there Is more
elderly housing but we need to look Into what other types of
housing are needed and that RS-S and those 7 acres could
provide something for the city that they city needs. I guess
overall that when you have industry so close to residential it
causes disharmony. I would really like to promote the
harmony of our city and I am sure that all of you are
concerned ,^1th that too. The harmony of om' city really is
what brings indusuy to our city. So we are talking about
specific ADS but really, overall, the industIy that might show
an interest In Iowa City when they see hannonious
neighborhoods. They say, okay, this looks like a good place
where the people are happy and the neighborhoods look strong
and that they would want to come to tllis city. As far as us
living in the neighborhood. We want to remain-we would like
to see the character of the neighborhood remain and ADS is
kind of It In there because it has been quiet the last few years.
We're are concerned about what could happen in tllee future If
it remained industTial. We need to feel safe that economic
conditions in the state of Iowa don't tip sometlling Into Oill"
neighborhood tlmt really doesn't belong. And also our
neighborhood really really really needs to feel a release of the
pressure of the organization. The urbmlization process Is
coming up close to us because of the downtown growing. We
have a three stOlY apartment building on BowelY that is velY
offensive to most of the people in the neighborhood and it is
coming up the hill. We m'e concemed about that. We fellllke
tllings moe starting to close in on us. Traffic has increased.
Houses being moved to make room for large apm'tment
buildings, Those kinds of things make us feel unsettled mld
ADS property makes us feel unsettled even more. I think I am
real proud of our neighborhood association. I feel that we have
up front with mld about this Issue. A year ago In the fall we
had a meeting where two city planners came and told us and
gave us a mini-lesson on planning and zoning and things we
didn't know. We were told that there was a comprehensive
plan for the city that has been in effect since 1983. A lot of us
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#4a page 24
said oh well maybe I can build that garage if we are assured
that the comprehensive plan that it is going from industrial to
residential. Well maybe that gives me the security to hold on
to my house or whatever. So tllls is unsettling tllat all of a
sudden his possible shift from oh we thought that the compo
plan said that it was going to be rezoned to RS-8 eventually
and here it is it is time to decide that and all of a sudden no no
we have to keep it industrial. It is a vel}' wlsettling feeling.
At least for me, And other people that I have talked to have
expressed dismay> Well what does the compo plan mean then.
They just don't understand. So I tllink tllat there is a feeling of
trust that is involved in tllis decision. Also I have some
questions. IvIr. Dovvner raised some issues that made me feel
vety confused. First of all if you leave this whole big huge
plant it is kind of like-it is big. Kind of like Jolly Green Giant
big and so you have this big plant then so zone the rest
residential but where is tlle parking going to go if you are going
to resume the gidget factOly-widget factOlY. Or whatever you
are going to put in there. Okay. So now you did it. If you are
going to put tllat in then you are going to need workers to park
somewhere. The parking at ADS now is 8-12 cars there at any
given time during tlle day. If you are going to resume
sometlling you are going to need parking. You are going to
need room for the trucks to turn around. You need a lot of
room and I just question where these people are going to park.
Also would it be possible if ADS is renting that they could sub-
rent to somebody else. Is it possible for tllem to sublease and
what would the sublease-what kind of chemical stuff could
they put in, I just don't know. That is a question that I am just
not sure about. If tlley could sublease or not. Also a question I
have and has been raised previously. Since I live so close to
ADS it hits home with me. What kind of houses are going to go
in next to that Jolly Green Giant factOlY. I can't imagine if it is
zoned RS-8 who would want to live between a flood plain of a
creek and a huge gigantic factOlY building. I don't know.
Maybe I am wrong but I have real concerns about what kind of
neighbors I might have or what kind of housing coujd be put
In. And what kind of successful development could be placed
there that would be harmonious with the rest of the
neighborhood. Another question that I have is is there an
inconsistency because I was told by a committee member of
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#4a page 25
mine who had toured ADS a year ago. She said that there was
nothing In the building. And now we are hearing from Mr.
Downer that there are things in place In the building, I don't
know If they have moved stuff back In there. That Is just real
confusing to me. It seems to me that a Pandora's box has been
opened tonight. Something that we weren't prepared for. We
have attempted as said previously to communicate with both
ADS and the developer and we are just feeling confused and
worded about all these questions and will they be answered.
And hopefully they will be. I want to thank you again for
listening. I am really happy that I live in a countlY where I
can speak out and I have such good listeners. I appreciate it.
Thank you.
Kubby /She saw that it was constitution week, early.
Susan Scotti 722 Rundell. During the last 12 years I have also lived
on Summit Street and on Clark Streets so I am well acquainted
with the Longfellow neighborhood. I am a bit perplexed by the
developer's proposal's regarding the property. When we met
with him initially just a couple months back he told us of his
desires to install a beauty parlor and an Ice cream shop at the
ADS building. A week later did we learn of his plans to
construct concrete storage units and ItLXWY condominiums.
Just this aftemoon I heard that he plans to constmct 50-60
hOUSing units there. Then tonight we hear that he intends to
do nothing that would violate the spitit of RS-8 zoning, God
only knows what his plans will be two weeks from now. So I
just Intend to go ahead with remarks that I have already
prepared tilis evening. I am here tonight to talk to you about
the economic Impact of the development of tllis piece of
property will have on the neighborhood and this city. The
numbers used In the following remarks were based on tile
current evaluations in the 1991-92 property tax bllIs.
Currently the five acre tract of property In question Is assessed
at $372,000. The property taxes paid by ADS for this parcel
will amount to almost $11,600. I would like you to take a look
at the block immediately SOUtil of the ADS prope11y. Or rather
north of the ADS prope11y. It Is bounded by Sheridan on the
south, Oakland on the west, Center on the North and Grant on
the east. Tllis block occupies just over three acres. The homes
built on this piece of prope11y range In value form $43,000 to
$98,000 with the average being $61,000. There are 21 homes
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on these three acres and they will pay nearly $27,000 in 1991-
92 property taxes. That is more than twice of what ADS
currently pays. If you look to the next block to the west that is
the block bounded by Sheridan on the south, Oakland on the
east, Seymour on the north and Clark on the west. This block
occupies just shy of 55 acres. The homes on this block range
from $31,000 to $110,000 in assessed value. The average
being about $72,000. Collectively the 32 households on this
block will pay over $45,000 in property taxes. That is nearly
four times of what ADS will pay. I would like you to take a
look at two hypothetical situations. If this land is zoned RS-B it
will essentially be adding one large or two small city blocks to
our neighborhood. It is not unreasonable to expect someone to
come in and develop that land at tlle maximum allowable
density with B residential units per acre. That would put 40
homes on the property. If you multiply that 40 by $102,000
which is the average price of a home sold in Iowa City in 1992
according to the Iowa Realtors Association. What you wind up
with is property worth $4 million. The property taxes
generated by such a development would be far in excess of
what ADS generates. It might be a silly proposition but lets
suppose the parcel was only developed to only half of the RS-B
density. That would put four homes per acre on the property.
Lets say those homes are valued at only$51,000, half of the
1992 sales average. You still get five acres of land with
property worth over a million dollars. That generates twice as
much in property taxes as does ADS right now. It is also
important to note that these numbers do not reflect the
economic hllpact of a large number of persons involved in the
construction, the fumish.ing, the maintenance and the
occupancy of tllese homes. Contrast that with a lessor economic
impact generated by a handful of employees .involved in tlle
current ADS operation. I believe tl1at even fewer workers
would be needed to operate and maintain something like a
concrete storage facility. Finally take into account the negative
economic impact on the neighborhood of fUlther Industrial
development here. It.is a given that any more noise, dust or
traffic generated by Industrial expansion at this site will hasten
or stall the rise .in property values throughout the
neighborhood. That .impact would be borne not only by the
owners of property adjacent to the site In question but also by
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homeowners as far away as Summit Street and Kirkwood
Avenues. It would be a far stretch of the imagination to think
that the collective loss of home property values IVould be off
set by any increase in industrial property values. In conclusion
I urge you to rezone this property for economic reasons. It is
clear from the numbers that the property is more valuable to
the neighborhood and the city if it is zoned for residential use.
Bob Ludkel 1122 Sheridan Ave. I came prepared tonight to
summmize the comments that I had made at the P/Z
Commissionllleeting regm'ding the reasons why the property
CtllTently owned by ADS should be converted to residential. I
think thee are some good reasons. I am glad to hear that the
potential buyer of the property is now convinced that the best
use is residential. So I mn not going to make those comments.
You can read the comments in the minutes of the P/Z. But I do
have other comments that I would like to make. Kind of some
off the cuff comments here. I have lived in the Longfellow
neighborhood for 17 years. In over that 17 period I have come
to the realization that the Longfellow neighbors are not
interested in simply maintaining the quality of life in the
Longfellow neighborhood. What tlley want to do and what
they strive to do on a day to day basis is to enhance the quality
of life in that neighborhood. I think that, the matter before
you proVide you Witll an opp0l1unity. That opportunity is not
to simply look at the question as to whetller this property
should be continued industrial to permit the CUlTent use of
this property as storage and warehousing, but to seliously look
at that question of do we want to pennit manufactuting back
into that property. And I know that there are some legal issues
that come up, but I think that this whole question of
abandomnent needs to be seriously addressed. Qur perceptions
based on some previous comments is that that Is an empty
building, and that you cannot restore manufactllling into that
building. So the question of when was tlmt manUfacturing
stopped and when was It abandoned and Is there really the
potential there. I think there's another issue here. And that Is,
when you read the Iowa City land use policies, it states, quote
that those policies or I should say that those poliCies are such
that quote encourage the relocation of incompatible and jmld
uses unquote. And, quote, reevaluate zoning districts in
neighborhoods where identified conflicts exist, unquote. I
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think continued manufacturing in that plant on that site is a .
conflict. It is an incompatible use. And I strongly encourage
you to look very seriously at that issue and to rule in favor of
continued at least warehousing and storage as long as ADS is
the owner of that property to not continue any type of
expansion if it is legally at all possible to do so. I certainiy
encourage and look forward to further discussions with the two
parties in regards to plans that they have come up with this
everung. I just want to make one point clear though. Is that
we had a telephone call from Mr. Downer at 6:15 tIus everung
approximately. And that we had said that we were willing to
canyon further discussions in regards to that matter. But no
way do I want you to interpret his comments indicating that
the neighborhood association or my wife who had tile
conversation with Mr. Downer was supportive of that plan at
this point in time. I think it is something that needs to be
evaluated. My concern Vl1th that plan and I would like to state
it publicly here is tIlat basically that they would retain a large
portion of that property for indusuialuse. They would be
happy to have the wetlands rezoned as RS-8 for the purpose
that the City would come in and purchase that property for
parkland at a substantial profit. Thank you very much.
Rita Minsch/ 1225 Seymour Ave. My husband and I moved our
. family into tile Longfellow neighborhood as first time
homeowners five years ago, We looked at many homes
throughout the city and many f he homes throughout tile city
met our requirements, Not only from a financial standpoint
but also from the availability of space and functionality.
, However only two homes in the city met our requirements
CHANGE TAPE TO REEL 92-82 SIDE 2
After some discussion we decided to go allead and buy the
, " home in the Longfellow neighborhood. We wanted a home
where neighbors knew each other and where tile neighbors
looked out for each other, Where the homes didn't all look
alike. And where there was very minimal traffic. We have
, been very happy in our home and in our neighborhood. And I
know that most of our neighbors are happy here too. I know
that not only from their comments but I know that from their
actions. Since this is a older neighborhood many of the homes
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#4a page 29
are smaller than standardly built today. However when the
families in these homes grow and they need more space or
their needs outgrow their home I know many families who
have looked tIu'oughout the city for a larger home. They have
found larger homes but they have chose to stay 111 their home
and build on. That is because they didn't want to leave a
neighborhood like ours. This is not only a neighborhood that
the existing residents don't want to leave. It is also a
neighborhood that outsiders ant to mover into. When people
ask where we live they often tell me we really wanted to move
there but we couldn't find any homes for sale. I have also
heard that people drive by homes in our neighborhood and
leave notes for the home owners and ask to be contacted if
they are going to ever sell their homes. Just tIns weekend,
again, at a picnic I was talking about ADS issue and somebody
told me these same two issues. That they knew of a friend
over on Oakland who has received wlitten infOlmation on their
homes saying contact me. We have a great neighborhood
today. I am really happy to be in the Longfellow
neighborhood. When this as established-when the industrial
site was established in the early 1900s this area was on the
outskirts of Iowa City. It is now light smack in the middle of a
residential area. They indicated that they have intended to
sometime leave in the future. We don't when they will leave in
the future. But sometime they will. They will be gone, We do
not know what type of use will happen but the neighbors, we
will still be there. However if the usage that continues or takes
over when they leave as they are leaving is not conducive to a
neighborhood you can insure that some neighbors will start
picking up and moving. And then you will have those homes
available for apartments and so forth and you have seen this
happen to the downtown area where there are lots of homes
that are beautiful. But because they are apartments it Is not a
neighborhood that you VI'Clnt to live In. I want to insme a quiet
neIghborhood whose traffic usage Is minimal and where the
schools m'e not overcrowded. I also want us to strongly
consider using part of the land as parkland. Another vIable
option of this land would be to use it as elderly housing
complex. The elderly wm1t to stay in tile neighborhood where
they grew up. Where they feel comfortable. Where they are
near a bus line. It would also be this kind of use would be
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#4a page 30
minimal traffic. We could maybe meet a happy agreement
there. A main need is to keep traffic to a minimum I really
feel. For safety of our children. Our neighborhood association
would like to work with the developer to insure that the final
development of tIllS land does not mean industrial use or
heavy residential use. Thank you.
Chuck Scotti 722 Rundell. Good evelllng. I have lived in this
neighborhood for the last 24 years. In asking you to rezone the
ADS property I would like you to consider the areas
backgroL1l1d. Our neighborhood is part of the RL1l1dell addition.
The Hrst suburb of Iowa City. Construction of homes began in
1910 aroL1l1d the O.S.Kelly IvIanufactming Co. now occupied by
ADS. And the Rundell Une, Iowa City's Hrst street car selvice.
Early residents included lawyers, manufacturers, merchants,
bankers, contractors. That tradition continues today. Our
neighbors are professionals, business people and blue collar
workers as well as retired, singles, couples, and famllies with
children. Om" neighborhood is rIch with histOlY. The houses
here are different for111 others constructed during the same
period in other paJts of the city, Here you will find classic
AmerIcan bungalows, American four squares, arts and crafts
homes and about 30 quaint lIttle HowaJ'd Moffit homes.
Collectively, they give the Longfellow neighborhood an air of
notoriety and coiorfui personal history. But our homes e,xtend
beyond the lot lines of the properties. Small houses and
irregular streets of the neighborhood comprise our true home.
And it is not just the buildings, It is the stories that the
buildings tell. And what they tell us about olU'selves and our
neighbors. Older neighborhoods like the Longfellow
neighborhood are the heart of Iowa City. These areas provide a
feeling that is difficult to describe. That is famillaJ' to all of
you. I see my neighbors restoring tlleir homes. Giving them a
coat of paint and planting flowers in the front yard. Our
neighbors talk to each other over common fences, at
com111t11llty picnics, school meetings and children's soccer
gamcs. Our neighborhood is not like south Johnson or south
Lucas Streets, where the care of homes has lapsed due to
absent property owners and the only time neighbors
communicate is over end of semester beer paJties. Nor Is our
neighborhood like suburban deveiopmcnts on the outskirts of
town where all the townhouses look the same and there are 110
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lawns for children to play on. When the Rundell addition was
first built it produced Iowa City's first neighborhood
association- the Rundell Club. Today, 80 years later, the
descendents of that social group gather to preselve their past
and to fight a political battle to save the neighborhood from
over development. The Longfellow Association and the Rundell
Club would like to welcome the ADS parcel of property into our
neighborhood. The same way we welcome tile move the move
of the histOIic home on Dodge and BoweIY to its new home on
Rundell Street. The ADS property needs to be accepted into our
cOlmnunity family like a long lost relative. We want to welcome
the singles, couples, and families with children who will
become part of our legacy for future generations to behold. We
want that property to become appealing cozy homes for
couples, retired people and young families started out. That is
what our neighborhood has been for 80 years. That is what it
is today. And that is what I would like it to be 80 years from
now. There is no room here for developers looking to maximize
profits at our neighborhood's expense. This is our home. It is
" not an appropIiate setting for student housing, expanded
, IndustIy or concrete storage bunkers, We have Il seen
,developers make wonderful promises only to have profits
dictate otherwise. By rezoning this property to low density law
will dictate how this property wlll be developed. Not a promise
of low traffic cotmts, promises of respect for the neighborhood
nor the promise of continued use in a leased building. I ask
you tonight to help us preselve our neighborhood hiStOlY.
Uphold its long held integrity and to protect this legacy for
future generations by recommending this property be zoned
. ., for the neighborhood. Please rezone it to RS-8.
, . 'Kubby/ Karin, in our packet there was some copies from a book that
_'f';~~d~~~;:;:~:I::::[:;::::o:::o~:::~~::[:t
I1:i~1\~~f~j~;fh .'., ~~~~~C~I~~one out there knows anything about that please
If~j,!,TOIll a~C!~tr~~~~~f:~~~::f:F:r!i~~~;~e~d
~;~)~j~l!/iX:;:,;/ until about two months ago at which time we moved to
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#4a page 33
Oakland Ave. We looked at several places throughout Iowa
City and beyond the city limits as well but no place seemed to
have the small town feel which is what I grew up with and
what appealed to me that we saw within the Longfellow
distl1Ct. We ajso by taking walks in that area in the evening,
we found quiet streets. .We found moderate prices and we also
saw the evening walks that people out biking and the many
other positive things that previous speakers have mentioned.
We realize that being straight out from the ADS plant on
Oakland Ave that if manufacturing was resumed that it would
completely undo the reasons that we moved to this
neighborhood with the quiet streets. One other perspective is
that we rented the home straight across from the ADS plant,
the home right next to the creek for the first year we lived in
Iowa City and by sleeping on the second floor we were above
the fence so we could see what was happening throughout the
night and I think my wife had velY little sleep probably
throughout most of the first year. A little bit from my sn011ng
but most from the ADS plant and I would like you to reconsider
changing to RS-8.
Courtney/Any other comments on thIs item.
Nov/ Can we add a letter in from somebody who did not come.
Courtney/We have a letter from Steve and Jan Locher that I would
entertain a motion to enter
Moved by Ambr, seconded by Horow. Discussion
Ali in Favor (ayes)
Larson/ You want to continue this p.h.
Courtney / I would entertain a motion to continue the p.h. Going to
be ready in two weeks, Linda.
Larson/ If not we can just open and close it.
GentlY/ Do you want to schedule an executive session in the in
between. We also have pesticides coming up the 28th and
29th.
Nov / Lets move it to the next one.
I move to defer to Oct. 13th.
Kubby / I would like us to deal with this as soon as we can so that
both ADS and the neighborhood isn't kind of left hanging for a
longer period of time unless it is not feasible to do it before
them.
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GentlY / I can do it. Marian just reminded me that you have got ACT
on Oct. 13th also. What do the gentlemen-does Mr. Poula and
Mr. Downer have any response.
Courtney/Do you have any time constraints looking you -that you
need a quicker heating than a longer one.
Downer/ (Can't hear)
Franklin! When you set the p.h. you instituted a 60 day moratorium
by code. That will be up on Oct. 18th.
Courtney/Okay. Does that mean we need to have a vote by then or
, does it mean
~ Franklin/ If you at'e going to be within that pel10d of moratorium
l
\ you need to have the decision made before then.
!
,', ! ' larson! First reading.
, i Courtney/Three readings.
; "':;";'C':-; ;'h' , !, Franklin! Yes.
(:~,:;C,,: \ =:.70=~~~1e:~~o~%~~~~:: %: ~~~o~~~
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(:~~~ti:j~;~liJ~,!;?\:,,':,':':,,: G~ritrY(,Manufact:lring can be establisl~ed right this very .minut~.
::~~tli~;i';>~;~\)"I}:,i':" " ' , . , Fratiklin(If nob~lding permit is ~eqUlred. If no penni,t IS reqmred
t;\i~rJ)YjJ!:M~~iMk:.','::'::::' ',: ',. , ",manufactunng can be estab\1shed now. If a penmt is required
, ~1.~1)\ti;)~:i" :\:; , ...' "; .theIl,the moratorium kicks in. So !think there is a question
~:~:M!(N )1'6'':' {:"<,:,' ",', there whether it can be reestablished without a permit. That's
'<:i~'!~\);0; i:,:!;i,,:(',::;;;:,:" all. , ' ,
1i!;{i i;;:;!!U:,;;:'d/;,':(i'/:"pot~aIOne comment now that it has been re-brought up again. We
ia;~ :iitii/p\?!;J':"?i,,<>\':areriot applying for any building penuit.
~t~: &\;8iWiiWi:j~\~:':';,NDoWner( That is also true as far as ADS is concerned and to the
'i,; {~~0t~i~;):{'iiiM::,e1X.A(ji"ex~entthat it is possible to be cOl~tractt1ally bound to that i.n
%10t:SNi.'!i;)(i:\'!i!:;Yi,>\:,thisthicket that we are involved 111 and ADS would be willmg
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'~tWit:(~~:~;0Ii:;)i&~i!;;f:J:iJO execute a contract to t mt a ' ect.
!&.M~1#~~:ii;~'{!tgwZ;{tftr,.~gM~arin, I too was at t1:e 7:30. AM meeting this morning. I do
(;\~~,\i,<>::}frit!i'!{f,~:.@;;0;;1:,:';l1,9t.watlt to prolong tillS meeting. But if you could please tell
".'~~~i1~!{})~WJlri~.qt1ick1Y why it was chosen to go to RS-8 rather than RS-s. I
\'~I~(!\~W!:~,:,W:!hC\ve never understood that.
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#4a page 35
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Franklin/RS-8 was chosen was chosen because of the zoning of the
surrounding property. RS-S would be a lower density than the
property that is right around it.
larson! Is that thought to be less legally defensible or what-to go to
RS-S.
Gentry/ Never been raised.
Nov/ The only reason was to coITespond with the neighborhood
sUlTOundings.
larson! Doesn't hold much truck with me. I don't want duplexes in a
single family housing area.
Franklin/ The compo plan shows tow to eight dwelling units per acre
so the RS-S or the RS-8 would be a designation that would be
consistent with the compo plan.
Kubby/ Duplexes would not be allowed unless there would be an
overlay zone on top of it and there might be shared walls-
Franklin/ No, In RS-8 you could have duplexes.
Kubby / Who decided.
Franklin! If I can speak for the neighborhood which I can't but I am
sure they will correct me if I am wrong. I think that because
they have expressed a view of having low density single family
development that RS-S would be something that they could
live with. In fact they talked about that at one point. What I
advised them was the staff would SUPPOlt the RS-8 because of
the surroundlng zoning. It seemed to be consistent and fairest
to all patties concerned.
John Shawl I essentially agree with what Karen just said. It was
indicated that we would not go into this entire issue with
support of staff if we requested RS-S. We would have
preferred RS-S but we didn't feel we had a viable vehicle going
that route and that it would constitute spot zoning also.
Courtney/With the assurances that I have from the two counsels I
would suggest that we go to the Oct. 13th. I think that I would
rather have this on with ACT than with the pesticlde ordinance.
I am interested in the seating capacity of the room.
larson/ You are going to make that ACT thing go away. Aren't you,
Mayor.
Franklin/ The issue that Aim just raised concerning the P/Z
Commission was that if the cOllllcll were to consider some kind
of hybrid zoning designation-would this be a substantial
enough change that it should go back to the P/Z Commission.
Gently/ Yes.
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#4a page 36
Franklin! I would say yeah.
!.arson/ You mean Bob's plan.
Franklin/ Yes. Bob's plan.
Kubby fin limbo as industrial for who knows how long.
!.arson/ I understand.
Courtney/You think we should refer it back to them for-I am not so
sure that the neighborhood-I haven't got any input as to
whether they want anything to do with tIus new plan or not.
They have indicated so far that they haven't but I suspect that
they would like to meet as a group and talk about it.
Ludke/ (can't hear)
!.arson/ I haven't heard enough good things about the plan to
wammt sending it back to P/Z yet.
McD/ We have a responsibility to review the proposal that was put
In front of us tonight.
Courtney/Lets just continue tI1e meeting until Oct. 13th and-
We would be continuing tlus p.h.
Ludke/(can't hear)
Courtney/They have both indicated publicly tI1at there are no
building permits that are going to be applied for and I will hold
tI1em to their honor on that. Okay.
Moved by Nov, seconded by Ambr to continue the p.h. until Oct
13th.
Any discussion.
Before I let you all go- I had a meeting scheduled with some of
you for Thursday. I think whoever called me on that should
call again. We probably ought to delay that somewhat until we
get some of that sorted out.
Kubby/ I have a question for Karin before we move on to the next
item.
Courtney/All in favor of the motion. (ayes)
Thank you.
Kubby/ Karin, I am not sure-I don't think that you will be able to
answer this because I want to ask it as a point of Infolluatlon.
When any kind of new construction goes on there, will there
have to be any kind of environmental assessment because of
the past uses. Even of the 30's of gas, all storage, etc. Are
there any federal or state or local requirements for that kind of
environmental assessment or monitoring.
Franklin/ There is not anything in tenus of our issuing a building
permit that I am aware of that would require that. Whenever
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#4a page 37
there is a conveyance of property, there is a statement that
was with that conveyance regarding knowledge of hazardous
waste on the site.
Kubby / Because I know that we don't always know where
underground storage tanks are, old or new. And so if anyone
has any information about that kind of stuff, it is important.
Poulal Excuse me, Kmin. We do. Two tanks were removed. They
were inspected by the state of Iowa, and we have a copy of
their certificate of clemlliness.
Kubby / Great. Thank you. It helps a little,
Courtney/Chair declares a recess for seven minutes.
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Courtney / Id like to open the p.h, first.
Unless someone feels an urgent need to speak on this tonight, well
just go ahead and defer this to the Oct 13 meeting.
Entertain a motion.
Moved Nov, seconded Larson.
Discussion.
Motion passes.
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Agenda
Iowa City City Council
September 15, 1992
Page 8
c. Consider an ordinance amending Chapter 27 of the Code of
Ordinances of Iowa City, Iowa, by repealing the Large Scale
Residential and Non-Residential Development regulations and
replacing them with the new Site Plan Review Ordinance. (First
consideration)
Comment: On August 6, 1992, the Planning and Zoning
Commission recommended, by a vote of 4-0- 1 (Starr abstaining),
repealing the Large Scale Development regulations and replacing
them with the new Site Plan Review Ordinance. If adopted as
proposed, the site plan review ordinance will reduce time for
approval of large scale developments while ensuring that all
multi-family, commercial and industrial developments are
consistent with ordinance standards. No comments were
received by the Council at its September 1, 1992, public hearing
on this item.
Action:
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Consider .an ordinance amending Chapter 36, entitled "Zoning
Ordinance" of the Code of Ordinances of Iowa City, Iowa, by
adopting sign regulations for the CB-5, Central Business Support
Zone. (First consideration)
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Comment: At its August 6, 1992, meeting, by a vote of 4-0-1
(Starr abstaining), the Planning and Zoning Commission recom-
mended that the Zoning Ordinance be amended by Including sign
regulations for the new CB-5 zone. This recommendation is
consistent with the staff recommendation included In a memoran-
dum dated August 6, 1992. No comments were received by the
Council at its September 1, 1992, public hearing on this Item. .
Action: .f5w:, I ~
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Courtney/Moved Larson, seconded Ambr.
Discussion.
Larson/ I know Karen has some comments she has written down
here. I think she wanted to make some comments.
Courtney/Is she out there?
Larson/ No. I tWnk she's back here.
Kubby / (inaUdible)
Courtney/Actually we didn't.
larson! You mIssed Item b.
Courtney/ We're on discussion on item c. on the site plan review
ordinance. It's been moved and seconded.
larson! Moved and seconded Awaiting discussion. Nobody had any.
It looked to me like you did.
Kubby/ Just because there's writing on it?
Kubby/ Well, I guess I'm concerned about this with public
accoll11tability. I'm going to be voting for it, so that we're tryIng
something new and I hope we will be evaluating this and If we
do find that it's not working out, III be working towards putting
it back to the way we had it, I am concerned about making
sure the public Is involved at various stages. And want to make
sw'e the public knows that there wllI be ways to get involved
but you have to know when to do it and I hope that the city
wIll accommodate making sure that people know what theIr
options are and getting involved wIth PZ.
CourtneY/Any other discussion?
Roll call-.
Ordinance passes first consideration.
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Agenda
Iowa City City Council
September 15, 1992
Page 9
e. Consider an ordinance amending the Zoning Ordinance by
amending Section 36-76, Performance Requirements, to establish
new particulate matter emission requirements. (Second consider-
ation)
Comment: At the direction of the City Council, staff has
prepared an amendment to the Performance Requirements of the
Zoning Ordinance to establish new particulate matter emission
requirements. The 'Planning and Zoning Commission, by a vote
of 5.0 at its August 20, 1992, meeting, recommended approval
of this amendment. This recommendation Is consistent with that
of the staff in a memorandum dated August 13, 1992. No
comments were received by the Council at its September 1,
1992, public hearing on this item.
Action:
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f.
Consider an ordinance amending Chapter 36 of the Code of
Ordinances of Iowa City, Iowa, entitled 'Zoning' by repealing the
High Rise Multi-Family Residential (RM-145) Zone regulations
and, where appropriate, replacing RM-145 regulations with the
Planned High Density Multi-Family Residential (PRM) regulations.
(Second consideration)
Action:
Comment: At Its July 16, 1992, meeting, by a vote of 5-0, the
Planning and Zoning Commission recom(l1ended that the RM.145
Zone regulations of the Zoning Ordinance be repealed. At its
August 6,1992, meeting, by a vote of 4.0-1 (Starr abstaining),
the Commission recommended in favor of the proposed sign and
accessory use regulations for the PRM Zone which this ordinance
incorporates. These recommendations are consistent with the
staff recommendations. No comments were received by the
Council at its August 18, 1992, pUblic hearing on this item.
YlI1.4du ~/.
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1fn.JJ tt~ OtJ.t1 -II (I.v~~r 7'0
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Agenda
Iowa City City Council
September 15, 1992
Page 10
g. Consider a resolution approving the preliminary plat of Furrows
Edge Acres Subdivision of Johnson County, Iowa. (SUB 92-
0012)
Action:
Comment: At its August 20, 1992, meeting, the Planning and
Zoning Commission recommended, by a vote of 4.1 (Gibson
voting no), to approve the preliminary plat of Furrows Edge
Acres, an approximately 67.3 acre, 16-lot residential subdivision
located east of Highway 1 and north of Fox Lane in Newport
Township, subject to a 60-foot right-of-way reservation for the
extension of Woodland Drive between Fox Lane and Penny Lane
and acknowledging that the subdivision specification limiting the
length of a cul-de-sac street is waived for this development.
With the exception of staff's concerns regarding access to
Highway 1, this recommendation is generally consistent with the
staff recommendation contained in the July 2, 1992, staff report
and the August 14, 1992, memorandum. On September 1,
1992, Council deferred action to its September 15, 1992,
meeting for discussion on this Item with the Planning and Zoning
Commission if the Commission so desired. At its September 3,
1992, meeting, the Commission indicated that Council could
proceed without further discussion with the Commission on the
re~rliminarv. ~ ~.r -ta ~
i<~ ~ dfA) ~ ~.9
() 00 all (..J
Consider a resolution approving the final plat of Park West
Subdivision, Part One, Iowa City, Iowa. ISU892-0017) (60-day
limitation: October 12, 1992)
9<J..J5.t./
h.
Action:
Comment: At its September 3, 1992; meeting, by a vote of 5.0-
1 (Dierks abstaining), the Planning and Zoning Commission
recommended that the final plat of Park West Subdivision, Part
Dne, a 23,lot, 9.48 acre, residential subdivision located at the
end of Teg Drive, be approved subject to City Attorney approval
of legal papers, Including stormwater management agreements,
and Public Works Department approval of construction plans prior
to City Council consideration. The legal papers have been
approved by the City Attorney's Office. The construction plans
have been approved by the Public Works Department. The
Commission's recommendation Is consistent with the staff
recommendation contained In the staff report dated September
3,1992.
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Cmutney I Moved Ambr, seconded Larson.
Discussion.
Kubby I The only concern I have with this is having the storm water
management be the responsibility for designing and
implementing that being taken over by the city, And this
(inaudible) because hopefully what's going to happen is that
that land will become parkland. And will become open space
for the neighborhood. in other sections of the city where we're
trying to do some kind of regional water retention strategies, I
really think that the developers need to collaborate with the
city and not have it be solely the city's responsibility because
the developers are causing the need for water retention. In this
case, it's going to be okay and then if the land is not dedicated
to city, you do have an easement, but you will have to take on
that responsibility and do it yourself.
Gene Kroegerl (inaudible)
Kubbyl You'll have to come up to the mike.
Kroegerl Partner, Park West. In the amount of money we agreed to
give to the city, there was an amount of money included for
engineering. So that it can be used by the city to perfonn that
task.
Kubby I So even though we're taking the responSibility, you're still
paying for it.
Kroegerl We're still paying for what was estimated to be the cost.
Kubby I Thanks for that clarification,
Courtney I Any further discussion?
Novl I still think there's going to be a problem of flooding here. It's
not going to be an easy construction Job in tenus of the flood
plain.
Courtney I Any further discussion?
Horowl I have to second that. I am happy about the cul-de-sac of it.
People want them. But anywhere you put a street, knowing
that there is the potential for it to be flooded, and you have no
other access for that group of homes, I think we're asking for
problems in the future. I was against this to begin with and I
still am.
Novl I think one foot below the flood level is not a safe street. Not if
your street is the only way out.
Courtney I Any further discussion.
Roll call-.
Resolution passes, Horow and Nov voting no.
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Agenda
Iowa City City Council
September 15, 1992
Page 11
9~~ J5S
ITEM NO.5.
ITEM NO.6.
ITEM NO.7.
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Consider a resolution approving the final Large Scale Residential
Development (LSRD) plan of Rochester Hills. (LSD92-0006)
Comment: At its September 3, 1992, meeting, by a vote of 6-0,
the Planning and Zoning Commission recommended that the final
LSRD plan of Rochester Hills for up to 32 condominium dwelling
units on 25.19 acres of land located north of Rochester Avenue
and east of St. Thomas Court be approved subject to City
Attorney approval of legal papers and Public Works Department
approval of construction plans prior to City Council consideration.
The legal papers have been approved by the City Attorney's
Office. The construction plans have been approved by the Public
Works Department. The Commission's recommendation is
consistent with the staff recommendation contained In the staff
report dated September 3, 1992.
Action: ~~ / flrruJ
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fulJ,3 ~~
PUBLIC DISCUSSION.
,.kv 1/;W)
ANNOUNCEMENT OF VACANCIES.
a. Riverfront and Natural Areas Commission . Two vacancies for
three-year terms ending December 1, 1995. (Terms of Loren
Horton and Roger Bruner end.) These appointments will be made
at the October 27, 1992, meeting of the City Council.
CITY COUNCIL APPOINTMENTS.
a. Consider an appointment to the Board of Electrical Examiners and
Appeals for a journeyman electrician for a four-year term ending
October 25, 1996. (James Montgomery's term ends.)
Action: !1j~tJ(1,f ,JJ.eA/1J .~.J~d
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CHANGE TAPE TO REEL 92-83 SIDE 1
Gentry! with ground cover. Ed Engroff has some questions about
whether we should really go back and make the developer
reshape that hlll. And I suggest that we review that when
there isn't so much mud out there. There has been no citation
at this point and the developer has tried to work with us. He
admits there is a major problem with conununication with the
person on the bulldozer.
Kubby! We need to figure out a way to make sure that when
someone needs to put in a grading plan, they take it seIiously,
Otherwise there's really no purpose in having these kind of
envlrorunental protections. And I'm really glad to hear that in
the future we'll be having stop work orders until things are
figures out. I want to do everything I can to make sure these
things arc monitored on an on-going basis duIing the critical
time of those first couple of days of having that machinery out
there on these sensitive areas. Or everything we've worked for,
and it's not even in my estimation, it's not nearly as far as we
could go to make sure that what we have is implemented. So
that this stuff doesn't happen anymore. One of the reasons I
sUPP0l1ed this above and beyond the conversations about the
historic preselvation, what put me over the line to support this
was the environmentally sensitive way that this hilltop was
going to be treated. And I feel velY uncomfortable with what
has happened. And part of it's our not monitoring our
ordinances, but some of it's making sure that developers take
this seriously and have a good communication with what
workers do with the actual grade.
Larson! I was glad to see the tone of your memo which recognized
that there had been some serious mistakes made and especially
recognition that stoppage of work orders, desist work orders be
used as a way to make sure that these things don't happen
agaln. And I just wanted to be on record as saying that I don't
doubt but what it was an honest mistake, but that our staff
needs to be better alerted to certain situations where
developments are particularly environmentally sensitive and
to makc StU"C you know on almost a daily basis that those
grading plans are being followed and it is not my belief that
staff's judgement that while they miss out and don't follow the
particulars of the grading plan, they can just submit a revised
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one and that that will be approved. I don't want that to be
staff's feeling because that's certainly not my feeling. And I'm
going to feel sorry.
Gentry / I think that's fairly clear from our staff meetings that that's
been a clear policy from this council that that's not acceptable
and I think staff understands that.
larson! And I understand your concerns about how you can't go
back and build God's Ravine and I'm going to feel sorry for the
first developer we order'to do it but I'm not saying that it
won't ever happen, at least my vote. Because if you make a
mistake, and you danlage something environmentally, it's not
going to hold much truck with me, just like it didn't hold much
truck with me that it was expensive to fIx the problem with the
Cliffs as best as it could be fixed. If you make a mistake, it's
going to be your problem, not future generations to live with it.
I just want sure developers understand that. That the
engineers understand it. The consultants understand it. It's not
going to be my pocket it comes out of. It's going to come out of
somebody's,
Nov/I still think we ought to do something like the performance
bond at the beginning. Now do it right or forfeit your money.
Gentry / I think Doug and I have talked about that. If that's your
wish, he wants a clear policy from you on that. And we will do
that.
Larson/ I'd like to discuss that whenever it's relevant, Mr. Mayor,
because.
Nov/ Put it on the agenda sOjlleday.
larson/ It couldn't hurt much to have a perfonnance bond.
Courtney/We'll put it on the list.
Horow/I'd like to get it on the list before the nOltheast section gets
Courtney/Let's talk about the northeast section before we worry
about that. There's a lot to be talked about there.
Larson/ the last two comments I want to make about this
development, not just about the grading, what is the deadline
for the sale of the house.
Gentry/October 31.
larson/ I just want to say again, I read I the minutes of Historic
Preservation some concern about they wanted to be more
involved in marketing. I think everybody had to be involved in
this and we had a meeting and we struck a deal. And the
developer's done his part. He went quite a ways to meet that
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deal. And I think the city did It's part in holding the
developer's feet to the fire to get a deal and If the Historic
Preservationists which I count myself one don't continue to
keep looking for a buyer, it's going to get moved. And there
was an expression in the minutes about how an ad should have
been placed in such and such a magazine or more people in the
community should have been notified. I don't think you can
count on anybody other than yourselves. If it's going to be a
cooperative venture, then there's some possibly work there
that can be done by private citizens in addition to what the city
and developer have done. And lastly I don't want the
controversy to erase the fact that from what I can see these are
going to be beautiful dwellings. I stlll think in the end this Is
going to be a beautiful development.
Courtney/Any other discussion?
FrcU1k.lin!Before you take your vote, it's my understanding that we
will eliminate the one legal paper that refers to the reservation
of the ROW.
Courtney /1 forgot that.
Horow/ I think you have to do that.
Larson! We can't hold him up on It. '
Horow/ We can't hold him up on that.
Franklin/Okay, I just wanted to make sure we were all together on
that.
Gently/Chuck, are you comfortable with that?
Courtney/Roll calI-
The resolution Is adopted, Kubby voting no.
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Cotll.tney / Public Discussion.
Brian Bochman/l131 Franklin Street. I have a matter of some
urgency as the chain saws are ready to go for five trees slated
to be cut down in College Green Park as part of a Project Green
renovation of College Green Park. I would like to ask that the
trees be saved pending some further information and some
feedback from the public at large. I feel like given the fact that
this has been apparently approved for two or three years it
seems a little bit late but none the less when the trees are
down I think it is too late to rediscuss. It seems that the
people that I have talked to haven't known too much about the
particulars of the plan. It sort of is like well they know a little
bit but not what it entails entirely and I feel like Project Green
has been really a great asset to Iowa City and 1 really
appreciate the time and energy that they have spent in
devdoplng this plan. And that park could use some
renovation and I feel that it would be better to wait with the
Ctltting of these trees until they pose a hazard. I would like to
venture my opinion of the value of those particular trees. I
think that they could stand for another forty years. 1 would
like to hear as part of the plan I was told that based on the
valuation of the city forester they were decided to be removed.
And my feeling is that it is due to the contour change on the
north side of the park that they are being removed rather than
a real need to get lid of the trees because of the danger or that
they are ugly or about to fall down anyway. There are five
trees that range from 30 feet in height to 60 feet in height
approximately and I think it would be a loss to all people,
Obviously we depend on trees. Anyone in Project Green would
agree with me on the value of trees so I don't really need to go
into that. It is just a matter of-I would like to ask if anyone on
the coLU1Cll remembers approving this plan two or three years
ago and what kind of fOlUm was proVided for the public.
Horow/ There has been quite a lot of information on this. Blian, with
whom did you speak in Project Green.
Bochman/ I spoke with Emily Rubright.
Horow/ And did she show you the plans that they have.
Bochman/ No, It just seems like in the past-for two years. If you
know about something for two years you don't make it part of
your daily routine, I guess, to think that these trees are coming
down tomorrow and they won't grow back in my life time.
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#5 page 2
Horow/ I wonder whether this-as a matter of fact I was going to
mention this whole thing because the fence went up this
evening or tllis afternoon. Perhaps what you are suggesting is
that we get togetiler with some of the Project Green peopie
with the people who would be interested in talking about the
plans. Because there are specific reasons why certain trees will
be placed celtain-and replaced with other trees of the same
nature or other ones. I don't remember specifically right now.
But I do know it wasn't just with the city forester that they
worked this out.
Bachman! Was it for esthetic reasons for placement.
Horow/ Not just esthetic, no.
McD/ There were a number of reasons. Also Brian, there were
several landscape arcllitects involved, I do know, in that
original plan. I think that they have been before us two or
three different times the last few years. Again, as Susan has
said, 1 can't remember where every tree is on their plan. But
these people don't go around cutting down trees. I think you
are fully aware of that. I mean-
Kubby / Five trees are coining down. That is not completely true.
Horow/ There is a plan for trees going up.
Kubby / But trees are being cut.
Horow/ They will be going up and the ones that are going up they
plan on getting them in before winter.
Larson! As I remember, Brian, she came before us and the question
was brought up and I thought that the answer was that the
forester had agreed that they needed to go. Now he did not
directly address us.
McD/ He wasn't the only one involved In that decision.
Larson/ I am saying that if Emily Rubright thinks that there is a good
reason for them to come down, she can make the case for that
better than any of us can at this point.
Bochman/ I would like to know exactly when he said they should
come down, if he said they should come down. Because I have
a question In my own mind from speaking to people that have
spoken to him whether they are viable trees.
larson! We can certainly get the answer.
Horow/ I would really love to have-it seems to me that it might be
appropriate since so much time has passed because they have
been raising money on this-that perhaps we need to get SOlt of
a p.h, Not a p.h. but at least a meeting to which the public
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could come. They have meetings. Some of the meetings have
been over at the Rec Center. Would you like to me uy to help-
those people who want to talk to the Project Green members
get together with them so that you can see the plans and ask
them
Bachman! That would be helpful.
Kubby / Was there a p.h. There wasn't a p.h. It was a presentation to
council.
Gently/This is not a city paid project.
Bochman! It is public land. It is owned by the city.
larson! We are just saying that they didn't ask us for any money for
it. It is a privately funded project.
Courtney/It was fully discussed at the time.
McD/ It was discussed more than once.
larson! I think we can certainly make the city forester available to
explain the rationale and get together with the Project Green
people to explain it. If they don't satisfy you then you can
always appeal to tIS to have some influence with them. I think
we were satisfied at that time.
Bachman! I don't think there will be much point in it after
tomorrow. If the weather is good the treE1s will be down.
Kubby / The forestlY dept. has it scheduled for tomorrow to be out
there.
Bochman/ Yeah. As far as I know.
Horow/ More than that. I would really like you to get to understand
what is going to be up there.
Bochman! I will know that. I will understand that in the long lUn
but I think we have to-the long run is 30-40 years and in the
meantime there will be a gap with-I just fall to see the reason
for removal of those trees before the other trees are large
enough.
Kubby / And another thing I was thinking about today because I got
about 23 phone calls on tills. I was on the phone all day...when
we do a big project like this whether it Is privately funded or
public/private partnership or whatever. Especially when there
was no p,h. I think it really important to put up some notices
to uy to put out a press release to notify people a week in
advance or a montll in advance that something really big Is
happening in a valued and much used public space, That Is a
velY historic area.
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Horow/ They are getting signs up but I suggested to them that they
should have been up like a week ago or certainly today when
the orange fence went up.
Kubby / It is just a shock to people to see the trees coming down and
they see nothing in the paper.
McD/If I remember right though there have been a couple of big
spreads on this. It wasn't a little article.
Kubby / It has been at least a year since there has been an atticle on
Project Green's project at College Green Park. And for people
who walk by there to all of a sudden. It is a velY traumatic
thing when you value that park and you walk by it and see
these trees coming down. The least we can do if we have
agreed with the process that we used to go ahead with this
project, is to go ahead and notify the public in a manner so that
it is not such a traumatic transition.
Bochman! I guess, my point is that it is urgent to decide one way or
the other, If we can some how place a week delay in cutting
the trees and to satisfy tlle concerns of people tllat would
rather not see a solid tree that has lived longer than I have to
be just removed because of a plan that has not been approved
by the public at large but rather a private group.
Horow/ Brian, this private group is an advisory group for the
environment to this council. They are not just a public group.
They have planted trees allover this city.
Bochman! I do not question tlleir motives at all.
Horow/ I am not sure what you would want to have is just to keep
those trees. Zip.
McD/ Do you feel tiley are getting bad advise. Is that what you are
saying. Or that they have developed a bad plan.
Bochman! I think that they could probably alter the plan to allow for
those trees to stay.
McD/ Again, I know there was a great deal of time and expense put
into it. I think to get your questions answered you would
really have to spend some time going Into the details of how
tlus all came about and how It all evolved. We don't have those
specific answers for you. Again, it was not a decision made in
haste by any means, They have been working on this for a
long long time.
Larson/ I don't have any problem with our asking them If it has to
be done tomorrow or If they can answer his questions before
they cut hem down. I never actually thought the project would
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#5 page 5
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happen because I couldn't believe people would give money to
do it with all the needs we have amongst hungry people. That
is a different topic. But I don't have any problem with asking
Project Green tonight or in the morning to answer his questions
and satisfy people who are concerned before the forester does
it.
Nov/ We actually have to get to the public works department.
Project Green volunteers are not cutting down trees. Chuck
could take care of it tomorrow morning.
Larson! I don't know if that is the wish of council to have more
discussion.
McD/ What are you asking. That the majority of us tell the City
Manager to go to the city forester tomOlTOW morning and tell
the city forester not to proceed with the project and then
where do we go from there.
Larson! Suggest that the city forester and Project Grr;:r;:n logether
explain to Brian and anyone else why they have to come down
and why the choice was made fr them to come down. And then
if he disagrees with that decision at least it is based on
infonnatlon. We can alter the plan if we choose to which I
doubt we would. But I think he can get some answers before
the trees come down.
McD/ You are going to go up and design the park,
Larson! No. I am not going to. But I want to let anybody that wants
input into it have input. It is a public park.
Horow/ If Brian gets his answers and this Friday somebody else
wants some more answers, we could keep delaying this thing
for quite a long time. I am not sure-at this point I think that is
crazy. This has been going on for two years, We have known
about it. It is a shock. I have to agree that seeing that fence
up there as I drove up the street this afternoon was a shock.
Courtney/ It wasn't a shock to me. I knew it was coming. Two years
ago this project was going to go.
Larson! There are velY few people in town that spend 20-60 hours a
week dealing with city matters. And that might come as a
shock to the vast majority of the people and I don't know is
Project Green cares whether the trees come down tomo1TOW or
if they come down a week from tomorrow. I am just saying
that if we ask then we find out. If it is something they say oh
no the contract is let and tills has to be done-then it is
something we can deal with. I am willing to refer this to a
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#5 page 6
committee of two of you want. I just think we can give
answers I don't like cutting sown trees when peopie have
questions about it.
Steven Maj;denl Empioyed by the Iowa City Public library/ I walk
by or through that park nearly every day on the way to work.
I guess I had heard at one point that there was a plan for
renovation. And I overheard somebody saying that sometime
later the plan was going to include cutting down some trees
and I was disturbed and I was trying to find somewhere about
it tills summer. But I am sure that we all had a busy time this
summer. My phone started ringing last night too, I am not a
city council person but I have been politically active with a
number of causes. People started asking me what to do and
who to call and I am certainly not velY knowledgeable on the
particular intricacies of city government. I have heard today
that there was not a p.h, There was a presentation before the
city council. I heard that just a few minutes ago here. I was
told by Emily Rubright that there was a p.h. at the time that it
was-
larson/ It wasn't closed to the public. Notice wasn't given or
anything,
Ma'/;denl I am saying that-Karen has and Susan has also said that
there should have been some notice before the trees were
taken down. I think that it would have been helpful if some
notices would have been put up in the park in the planning
phases so that people who actually use the park could have
been involve over these two years whether than the people on
the way to work and on the way home from work. They see
the orange fence and they see the trees coming down and
said"oh yeah, I heard something about that." And it is
happening today. What should I do. Was this a unanimous
decision when this was approved. Do you remember.
Kubby / There wasn't a vote. There were at least four people.
Horow/ I would like to review this because there was a p.h. at one
point when we were asked to help support a proposal for REAP
funds.
Kubby / That was not a unanimous vote. It was a 6-1 vote,
Horow/ We had a hearing about it and it passed. I totally agree with
you that there should have been signs up there In advance at ,
least about a week to get people-
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Makdenl I am talking about two years ago. When this planning
process started. There should have been some notice so that
the people actually in the park could be aletted to the fact that
these changes were being contemplated. The people that
actually use the park could have been participating all along.
Cause you are saying well we have known about it for two
years. We have been working on it for two years. We don't
want to go through this again. It is all decided. It is finished.
But the people who are in the park everyday or every week or
evety month using the park-have they been involved in tillS in
tile last two years.
larson! One of the ways we get input about things that we decide to
do about parks is through the P/R COlmnission whereby
supposedly the members of public to try to reflect those issues
and things. They certainly were involved in talking WitIl
Project Green about the park.
Ma~den! The people that go there to play ftisbee with their dog don't
necessarily follow all of those-
Horow/ Some of the people who lived in the area are members of
Project Green and have been taking part in designing it.
Ma~den! I am just saying that I was told by a Project Green member
that there was a p.h. at the time. And another Project Green
member infonned us today that the decision was a unaninlous
decision and when we challenged her on that she said I was
there and you were not. I (llll saying that we just talked to our
city council representative and she has never lied to us, \
Horow/ Karen was talking about the REAP proposal for submission of
funds but the is a different topic. There are two different
things here.
Ma~den! You are talking about the state monies involved too even
though it is a local group.
Horowl They applied for it but they didn't get it.
larsonl I think it is really a definition or a communication problem
in that the hearing was open to the public and that is not really
what we call legally a p.h. But it was certainly anyone could
have walked in, It was during an informal council work
session. And secondly I don't think that anyone on tItis council
said no we don't want to do this park in this manner. But we
didn't go yes lets do the ban-icades and lets not do the trees
and lets do the gazebo and lets not do the brick side, It wasn't
that kind of tiling. I don't think anyone is ttylng to lie to you.
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M~den/ I can sit down with another couple hours on the phone and
try to define who means what by which but I am just saying
that there has also been some difference of opinion as to what
the city forester's evaluation was of this situation. And
whether all but two of these trees would have been coming
down anyway whether this proposal would have gone through
or not. Besides seeing or supporting the proposal to have some
public discussion with the organization before the trees come
down I wouid support that whole heartedly. I would like to
see this report that they are talking about. If there has been a
report from the city forester I would like to see it. If there has
been an evaluation rather than just have this person who-I
support what you are saying. I am not accusing them of lying
to me but there was some difficulty in communication with her
over the phone and I guess I would like to see the report that
she is refening to to help cIatify the discussion.
Kubby / Sue, if it were one person coming in front of us and that was
the only person that any of us had heard from. I don't know
why people called me. Maybe it is because people know that I
live next to there. They might have called John if he still lived
there.
Horow/ I got one phone call.
Kubby / We've got some people here and I got 23 phone calls today.
It means that there is interest and concern out there and I
think it warrants putting it off until there can be some
discussion.
Horow/ I would like to investigate to see just exactly what their time
table is Karen. These are private funds and they've got
contracts with people, We have a certain-
Courtney/This was a decision tllat was made by duly elected
representatives of the people. Unless I got four people telling
me to go and stop the work tomorrow I think it should
progress as scheduled.
Kubby / Stop the work tomorrow.
Courtney/ I am tajking about four people up here. John-
McD/ No I don't think we should.
Horow/ I agreed with Blian that I would get him together with some
of the peopie from Project Green. I did not taik about stop
cutting the trees because at that point we had not said what
time the trees are coming down, I think what I am hearing is
the reaction to a orange fence that has just appeared. I would
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stllllike to have Brain and Steve get together with some of the
Project Green people with the report and the scheme of what is
going to go there. What is going to replace these trees and why
these trees are coming down. I think this is a matter of poor
public relations. And I certainly hope that our city
construction efforts learn something from this situation.
larson! With all due respect, Susan, I don't think there is interest in
getting convinced of the merit of the plan as they are as getting
convinced of that before the trees come down.
Horowl That decision has already been made. I don't disagree with
having the trees come down. The trees are going to be plant,
r there will be trees planted there. I know they are new ones.
Ma,tSden! I've heard a couple of people talk about these are private
funds. I understand that the trees are being cut down by city
employees.
Kubby I Right. There is a lot of in kind contribution on the part of the
city.
Horowl Yes. That's,
Mat5den! Those people are going to be at work. I mean, they are not
t donating that time. They're at work for the city to cut those
trees down.
Nov! It's a city park.
Ma~denl Yeah. I know. I'm just saying that it's. I mean, I've heard
~ two objections.
Courtney I Let's let her talk, please.
Novl Let's back track. This started even before I was on the council.
And the concept has been explored and the concept has been
discussed and the cowlcil has certainly seen beautiful pictures
and drawings of what this park could be if it were restored to
what it was when it was first established. Now based on the
fact that you're going back 100 years or more in order to
recreate what was our city's first public park, we need to
realize some of these tr'ees were not there originally. Not all of
them were originally planned to be there. And we're also
concerned about safety, about visibility in and out of the park
for people who are there at night. We're going to put in more
lighting. We're going to put in more paths. We're going to put in
better handicapped accessibility, And yet tly to preserve it's
historic nature. In order to make that many changes and still
create a historic park, trees are not going to remain exactly
where they are, We could have decided something like this
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based on the fact that do the best you can but don't let any
trees be destroyed. This is not the way it was presented, and
this is not the way we accepted it. And I think at this point, it
would be not the best idea to revise the whole plan and say
you can do it, but please don't destroy these trees. We've had a
reliable landscape architect and reliable city folks contributing
money to implement the plan that was originalIy presented.
Kubby / So you're saying no.
Nov/ Yes, I'm saying no.
Gently/And it was presented at a public meeting, because I
remember the cameras were here.
Nov/ And there has been lots of newspaper publicity at that time.
And I know it's statted before I was even on the council,
because I remember hearing about it.
McD/ I can remember when Naomi is. WelI it would have to be
before 3J.2 years ago, going across the street one Sunday and
there was the park all staked out at that pat.ticular time. This
thing has been in the works for close to four yeat's. I would say,
r from it's beginning.
Makiden/ I don't think anyone's disputing that.
COUltney I All light. Let's let her.
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Rebecca Rosenbaum/ I'm speaking to the sanle issue and my phone
also rang a lot today, and it impeded my ability to get my own
work done with people calling asking what they should do. And
some of the people who spoke to me spoke off the record
because they were really, and I would think they would be
afraid to come here today, but I definitely get the impression
that some people who are involved with the city forester with
cutting down the trees, do not think it's a wise decision. These
are people employed by the city whose job it is to cut the trees,
who have to cut the trees who don't want to cut the trees. Who
certainly know trees, Now I understand Project Green is a well
respected group and they have done some good. But I think
that they are being given a lot of power and for a private club
to be able to make major cIvic decisions just because it is well
respected seems like things are a little bit askew. I don't think
I can form any private organization and then decide to either
cut or plant trees. And I don't object to some of the things that
were just presented regarding safety and other improvements
in the park. But I think that now that the Image of either trees
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#5 page 11
coming down which people saw a couple of days ago or the
orange fence as being presented, people are realizing the
implications of what is happening and I have seen no reason
why some kind of stay can't be put on the project to reevaluate
why old trees have to come down to make a park that is older
than the trees historic by putting in younger trees. You don't
just move in a new 40 year old tree because you want to move
a pile of dirt. Things don't work that way. And given the
nature of the circumstances, it seems really reasonable to ask
for some limited time frame. The oniy reason some of those
trees are up today is because it was raining. Otherwise more
trees would already be down. And shott of evel)'body going
out who cares and jumping up and down making some kind of
rain dance to impede the progress. If that doesn't work I
would hope that this council can take some broad enough view
to see that it is highly unlikely that delaying chopping down
trees tomorrow is going to back up any kind of contracts that
private money has arranged. The people who are going to cut
down the trees, if they are to be cut down, are city employees
and it is the city council's responsibility to ask them please not
to do it because people in the city are concerned. So you could
, strictly look at from tlle point of view of what the people you
hire are going to do or not do. And to say sarI)' we have gotten
complaints. We can't have our people do that and we can't let
you do this right now. I can't understand as somebody
involved with trees and gardening what could be so urgent that
, couldn't wait. They can still plant new trees this faIl if that is
lnthelr plan without-they can stlll proceed with their plans.
And I don't understand what could possibly be sufficiently
, detrimental to their plans that would way the potential of
, "detriment of trees older than most of us coming down without
""." .'< .',. more input from the public.
::).>;i,:""."NovIPmt of the reason behind the whoje design was to implement
;,::/,;c:,:,,',',."better lighting and better handicapped accessiblllty. Now, in
ih':~i:","':,;,d"<,!:\ order to do that they may have to change the entire scope of
!@:<;;~!;;:'~;:i;-.~;2;': ~',' ,...,....the .terraln.
!.:W:i,if.:"i;:.^i;;!;;;i0~Ros.~nba.,un.1I., Has anyone assessed the need for handicapped
~"'''''\~''''.'I~~:.~ lo~('(::' ~":'i ':', .".', " ' ,
j~:}}.~$J~JJUb;!':;;;i;)i:,accessibl1lty. There are steps on one side and you would only
, .; 0fR~0;~(:.\n(~:;0;E!.;?,~;:,i"iff~"eto go half a block to find an area where there are. not
'~;f;:,a~g;i:~lg8;.~~;!N\il}!ii;:i~:;:~tep. s',1 walk through that park often also. I used to hve two
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#5 page 12
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is on my route to downtown. I haven't seen a lot of people
with wheel chairs tlying to get up those steps. I don't see that
it has been a problem. There are places all over town that
aren't accessible. And there are places allover town that
valuable trees have been knocked down. This is something
valuable. A lot of changes can be made whIle working with
what is there or at the velY least considering doing that. Why
not during Project Green together with other community
groups who might have different perspectives and are also
private groups and also care about trees. Earth First, for
example is a community group that has some expertise on
issues of trees. What is so urgent. It is not like there is some
contract that is going to pave the whole place tomorrow and
othelWise the city Is going to be out thousands of dollars. I
don't understand what could be that urgent that you couldn't
have some stay of execution fro the trees.
Horow/ Rebecca, I suspect the quite a number of the Project Green
people belong to Earth First. I know I belong to both Project
Green, Siena Club and a number of the other envlromnental
groups. I suspect that what you are reacting at is the instant
orange fence and the instant cutting down of the trees without
prior notification. And I can understand the shock failure of
that. But I also understand the intense education and analysis
of what is going to go in there that has gone on by Project
Green, It has not been something that has been done
capriciously or without quite a lot of thought.
Rosenbaum/ Well, why not have a little bit more time to find out if
your suspicions are indeed facts and have some hearing and
find out what conunon concerns are shared by people of
different groups. 1 have-I mean the fact that it rained this
week I don't think contractors calling and saying that that was
going to bump something off schedule. Trees are planted in -
the general time to plant new trees Is now and it is not going to
be Impeded by waiting a couple of weeks.
Cotutney / The urgency of the tiling is not the things in question.
What is in questIon here is that there has been a plan that has
been worked on for many years. It was accepted by duly
elected representatives of the people and what you are asking
is to go in and completely redesign the plan.
Rosenbaum/ No. Just to consider-
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#5 page 13
Courtney I Yes it is. Because if those trees remain then the design
has to be totally altered. We have approved the plan long ago.
I have had five people up here that have said no that we are
not going to do this and as far as I am concerned we are coming
to closure on this soon.
Larson/ All I wanted to say is that all I was proposing was not that
we call a halt to the whole thing to set up a p.h. and debate the
issues or the specifics of the plan. We didn't get into much of
the specifics of the plan because the benefit to the community
of all of the many things that they wanted to do with their own
private money was such that we didn't feel like okay, do It
exactly the way we want to do It with your own money, kind of
thing. All I am saying Is that somebody call in the morning and
ask Teny Robinson, the city forester, do you have to cut them
down today or can you walt a couple of days without
disrupting the plan so that some people can get convinced that
the trees have to go to conform with the plan. If nobody wants
to do that, that Is fine, But I am not saying you got to bump
the thing a month. I am saying can we make a phone call to
fmd out about the tlnllng.
Novl Lets please stop saying their own private money. It Is all the
citizens of Iowa City who put their money into this.
Rosenbaum! I think something he just said is really critical. Which Is
because private money or money was privately collected,
therefore the city didn't sClUtlnize the particulars of the plan-
Courtney I But we did. They brought the plans and we had them laid
out here.
Rosenbaum/ I just heard councilor larson say that we didn't pick it
apalt. I am quoting somebody else. I just heard that said,
Nov/ We did not redesign what they showed us, We did c,\:amlne it
carefully and we did say yes a fine plan,
Rosenbaum/ lvfaybe were are not the group so powerful, their plan
, wouid have been examined in more detail by the city cotmcil
and citizens and I think some input was missing because it was
known that this was a civic group with a good reputation.
Therefore they were given a free reign. And I think something
was amiss in that whole process of a private club being given
free reign to do what they want on city propelty. Something
'seems really screwy.
"GentlylNo. The P/R Commission have public meetings and those-
~br/ Who do you represent.
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#S page 14
Rosenbaum! We are not a gang. And I am not a guy. And we each
represent ourselves.
Ambr! What is your credentials. You say you got many phone calls
today. I received none.
Rosenbaum! When the people call me tomorrow I will refer them to
you. Do you want me to refer the people who call me to you.
Ambr./ Well, what are your credentials. Are you a botanist.
Rosenbaum! I am not here to present my credentials. I am not
applying for a job. My understanding was that this was a time
at the city council meeting when people are citizens of this city
are allowed to speak without having to present a resume. If
that is not the purpose of this meeting then I certainly will not
be here.
Ambr! Do you have any more expel1ise than the people in Project
Green.
Timothy Keenan! I am an Iowa City resident and have been since
1981 and I work for the University of Iowa Hospitals and Clinic
and I am a graduate student in anthropology. And have a long
research interest in enviromnental issues. I came here today
also because while I have been aware of the plan-a plan for
College Green Park for some time and followed that issue in the
papers and in any other public forum that has been presented,
I was not aware that the large number of trees and particular
location of the trees that were going to be removed was going
to take place immediately this fall. I was Infonned today that
one of the trees came down and I went over there and looked
and since through someone else who had talked to someone at
the foresuy selvlce Identified which of the trees were goIng to
come down, There Is one down now and there are five more
yet slotted to be cut. Of those five trees that remaln, every
single one of those trees Is healthy. There Is at least several of
those trees that I can't understand why they couldn't be
allowed to remain even If the slope was redone. Even If you
are looking at making It, the park, handicapped accessible, And
yet what I am hearing in this Issue back and forth Is that it is
either all of the trees stay or none of the trees stay. Either we
move on this Issue tomorrow and the trees are cut per plan or
nothing happens. It would seem to me that something a little
more compromising could be worked out. And that the trees-it
doesn't seem the trees themselves have to go tomorrow or
even tIlls week for the plan to be Implemented. I question the
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#5 page 15
need for all six of the trees to be cut. I, myself of course, would
like to see all six trees remain. But that is not possible. Clearly
it is not possible because one of the trees is already down. Of
the remaining five I would still like to hope that at least some
of those trees could be saved. They are mature trees. They
still have a good thilty or forty years left on them. They add
tremendously to the park and I think that asking for what
Susan had mentioned maybe a hearing with Project Green. I
have been a supporter of Project Green for all of the years that
I have been here. I have looked at and admired a lot of the
work that they have done. I sometimes question some of the
work that they have done. But at the same time I think that as
a group in the city they have done a lot for what I would hope
to see as benefitting the city. Making it greener. Working on
those issues. I do think, however, that their views are not
necessarily the only views or even necessarily always the best
views. But they have been given the go ahead with this plan.
And from what I can see the go ahead with this plan without a
lot of open public infonnation coming into them. Yes they have
had an open session. But it was not publicized. I have watched
carefully this issue for a number of years and I have not seen
that come out that there was-if you were a member of Project
Green, then yes you can be involved in tills. If you were on the
city council then yes somehow you can be involved in that. But
if you were not in either of those two groups than how did you
give input into this plan.
Courtney I The P IR Commission had posted agendas for probably two
years that they discussed this before it was ever brought to us.
P/R COlmnission for public input on this before it was ever
. brought to us.
Horowl Right in here. In the civic center.
Kubby;The specific meetings were it was discussed. It wasn't two
years straight that it was posted for the specific meetings that
this was on the agenda.
Novl I am going to ask a rather pointed question and I don't mean to
sound that way but that is the way it comes out. How would
you feel if you did discuss this tomOlTOW and then next week
the trees came down anyway. Would that help any.
Keenan! Yes it would help because at least then I would feel that we
· are, not totally disempowered. I think as Mayor Courtney
points out that there have been some possibilities for input
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#5 page 16
fOrnl the public but there are a lot of people who obviously feei
that they haven't-
COllltney I [ am son}' that you folks missed the discussions on all of
this and missed the input on this but we can't take a project
that has been in the planning this long. And not necessarily
this one and wait until the night before it is
CHANGE TAPE TO REEL 92-83 SIDE 2
Courtney I done with all of the various different meetings that we
have to have and the number of readings that we have to have.
And we just can't do that on every project.
Keenan! I am not asking for evel}' project.
Courtney I [ tmderstand that.
Keenan! I am here on this one.
Courtney/The next one would b~ the same thing.
Kubbyl Thank you very much.
Horowl You put your address down on that list. I would like to, if I
could, get you in touch with Project Green people as soon as
possible.
COUltney I [am sure that they are out there watching. I had one call
me before the meeting and she indicated that she would like to
come down. But she knew that the p.h. before tius was going to
be so long that she didn't think that she could stay through it
all. I wish she had now,
Any other items of public discussion not listed on tonight's
agenda.
David Roel I have lived in Iowa Cit}' for 17 years. I am a retail
manager and I would just like to take this opportunity to give
you a little feed back on the cigarette ordinance that was
passed recently. While I applaud your efforts to restrict tlle
sell of tobacco to minors I sometimes think you may be get a
little over zealous in your manner in which we have to go
through. Not that it is that much of a hardship. But what I
have to do as a business manager. I have to have a notarized
affidavit on file with the city. Then I have to have each and
evelY employee fill out a notarized affadavit saying that I
have told them a lot. What that kind of means to me is that
you don't trust the managers to do their job to infonn the
employees and forcing us to have these affadavlts that
somebody mayor may not ever come to look at. The point
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#5 page 17
with the affadavits I noticed I read the ordinance again tonight
and having to have them updated each year in accordance with
the cigarette permit. I think that is maybe a little ridiculus. It
is kind of like is this a CEU credit for keeping the law in your
mind. I just get a little confused. The biggest problem tl1at I
have with the ordinance, not that we have to do it. I think that
I have three products that I cannot sell to evelybody. Tobacco,
beer and lottery tickets. I don't understand how or where the
logic comes from tlmt you can dictate that one of tllese
products I have to have all of these affadavits on fIle and
maybe you can give me some feedback to flow through.
Larson! State law doesn't let us regulate the other two or we
probably would regulate them too. I sympathize with you but
I want to make two points. One is tl1at we would rather have it
a little bit of a hassle and keep a few more people from dying.
And secondly you can bet your booties that someone is going to
look at tllOse affadavits.
Roe/ They have.
Kubby / I am sure at your place they were in order.
COUl1ney / Any otller items of public discussion...
Larry Schnittjer/ MtvIS Consultants. I didn't anticipate speaking on
this but I want to back up a couple items on the agenda and
address a couple of comments that have been made that I feel
that have been maybe not erroneous but over zealous in their
discussions n the Rochester Hills project. The major point of
discussion appears to have been on two issues. The destruction
of the enviromllent and filling of a ravine. The destruction of
the environment I think is subject to everybody's
interpretation. You can destroy the environment by mowing a
path to go watch the wildlife. It can be by creating a site for a
new home. The top of the hill was always proposed to be re-
shaped and re-graded so we could build these structures out
there. It was understood that that part of the environment
would be disturbed. The ravine was discussed in four places in
this memo had been fll1ed probably 10-20 years ago. That we
didn't know about at the time we assemble the drawings or the
plans because we had used some old topography that was
available form the city. the extra fill that was mentioned as
being two feet plus or minus at the head of this ravine oCUl1"ed
at a time the bulldozer didn't push diJ1 in there but as it was
driving by it it rolled off the side and there is maybe two feet
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#S page 18
in one location. But just a little bit rolled over the hill there. It
is not an immense amount that appears that- a lot of the
discussion appears to indicate. I guess the whole discussion
comes down to what bothers me that the grading contractor is
maligned. The developer was maligned. And to some extent
possibly MMS. But I'll take the blame for MMS and when we
assemble the original grading plan it was one of the first major
grading plans that was submitted to Iowa City. And the first
plans typically do not cover evetything. There are things that
you willleam as you go along. That is what we all have to do.
And we know better for next time. And every else knows
better for the next time. I would like to let it go at that and not
get too can-ied away with a lot of derelict comments if you
want to call it that. I have talked to various people up in that
area that didn't know I was involved with the project that say
that it is going to he a real nice project. I kind of appreciate
hearing that from people that I just happen to run into out
tllere. Other people have got other opinions but I guess that I
would like to express mine.
Larsonl Larry, your point is well taken. If I didn't make it clear that
I considered those tnistakes to be accidental I would stress
that. Because it was not my assumption that they were
anything but accidental.
Kubby 1 I don't think that anybody believed that they were anything
but accidental.
Schnittjerl As far as removing more trees than were shown to be
removed on the plan, those were judgement calls that were
made at the time. Box Elders are not nice trees and If we move
a few of them we are able to establish some green areas and
views out of the dwel1lng units and what have you and that
was the decision that was made at the time. We didn't realize
that we were being derelict in our judgement.
Gentry 1 Larry, I never maligned you and I didn't use the word
derelict. And we certainly acknowledged our own mistake. So-
Horow/ But don't do it agaln, lany,
Courtneyl Any other public discussion
Kubbyl Maybe one of the lessons is not to use topo maps from the
city.
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Agenda
Iowa City City Council
September 15, 1992
Page 12
b.
Consider appointments to fill three vacancies on the Committee
on Community Needs for three-year terms ending November 1,
1995. (Terms of Keith Ruff, Grace Cooper and Mary Ann Dennis
end.) /Za~~
~
Action:
c. Consider an appoi tment to the Design Review Committee to fill
an unexpired term ending July 1, 1994. (Barbara Davis reo
signed.)
Action: 0. O/l/VL VtltVJl...--
q P/H~ ~
d. Consider an appointment to the Mayor's Youth El11ployment
Board for a three-year term ending November 4, 1995. tA.K.
Traw's term ends.)
Action: I</JAf .f<t..dO.n JkJv
q~3 !J)W Jih; ~~
e. Consider an appointment to the Board of Appeals to fill an
unexpired term ending December 31, 1993. (Marcie ~oggow
resigned.l
Action: 1t~{Cf) ~A) -/1; .f/~1
t1le(J1eJJ
ITEM NO.8.
CITY COUNCIL INFORMATION.
)()P/ ~)
ITEM NO.9.
REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY.
a. City Manager.
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Courtney/City Council Infonnation
Horow/I have two items. #1-1 had the honor of attending the Ty N
Cae neighborhood party over the weekend. It was a
neighborhood gathering. A lot of good deserts, bumble bees
and kids and all of that sort of stuff. It was really fun because
obviously tllis neighborhood is concerned about something that
is going to affect their street, their neighborhood and you could
just see that there were people who are going to become more
active in this city by going to this party, I really was excited
by the fact that we can, by encouraging neighborhoods, get
more people on our boards and commissions and even more
people to run for city cOtmcil and that makes me happy. #2-
Yesterday in the nliddle of the down pour when I thought that
I was going to get blown off the earth I attended the welcome
party for the VISTA. Johnson County has a second wave of
VISTA volunteers, VISTA volunteers rIght now are with Youth
Homes, Crisis Center, Mayor's Youth Employment, DAY,
Broadway Neighborhood Center. We have got some good
people working in this city, folks, on some issues that affect all
of us. They are doing very well. The new ones are Deborah,
Loti and Kim and I hope we can keep them working and keep
them gainfully employed and feel good about being in Iowa
City, That is it.
Ambr/ Mr, Mayor, maybe you can direct that good looking fellow
over there. The acting city manager in the absence of Steve or
maybe it can be delayed until Steve who is at a management
conference, In recent days and weeks all of us have been
subject to an adveltising blitz by owners of cable television
companies. The matetial has to do with writing people in
Washington D.C. asking them to vote against the proposed cable
regulation that is pending before congress right now, What I
would like to have is a person who isn't that schooled on being
able to discern what Is good and what is not good for the users
of cable television. Does the League of MUnicipalities in the
State of Iowa have a position on this proposed legislation and
does the National League of Cities have a position on this and if
so, what is it and why are we being bombarded with confusing
type advertisements. Just what is good for our users, I have a
tough time discerning it myself. The message of the cable
company owners are if congress passes this it is going to
automatically increase the monthly user rates for evelybody
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#8 page 2
across the countl)' because of the inner workings of that act. I
would really like to have an opinion from a higher and more
knowledgeable authority than what I have been able to pick up
on my own.
Schmadeke/ I will check on that.
larson! I just want to point out that these meetings don't go this
long when Mr. Atkins is here. Schmadeke may be in for a
talking to...
I want to communicate a statistic that the Emergency Housing
Project Newsletter Mal)' larew included in her last one
because it constantly amazes me how few people understand
this. That the poverty rate for the last three years according to
the Census Bureau in the State of Iowa was as a whole was 10%
and in 1990 in Johnson County it was 17%. Please keep
supporting our social agencies and other ways to help people in
need in this county and in this city, So the city does not have
to do all of it because the need is there.
Courtney/ We are scheduled to or we are going to schedule a
discussion by council at the next infonnal meeting just for the
public's information on the policy that we have established in
the Clinton Street ramp. There is obviously a lot of
disagreement as to what the proper policy should be there. Not
only anlOngst the public but also amongst the merchants of the
mall and the downtown merchants and I would urge any
especially concemed merchants to contact your perspective
organizations. For the DTA Paul Smith is the president and Old
Cap. management Dedra Castle and also us. Because that will
give us the 28th-will be at least 30 days of this particular
experiment and we need to do a reassessment at that time and
see whether we are going to go forward with this or not.
I did attend the kick-off of the United Way last week. They
have set a vel)' lofty goal of a mlllion dollars this year. It is
going to be difficult to get to. They have got some able
leadership and I just want to urge everyone that when
contacted to fill out those cards with large al11Dunt.
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Courtneyl City Attorney.
Gently II have a couple of things. I have been invited to participate
in the opening ceremony in the Iowa League of Municipalities
meeting to be held in Waterloo next week talking about the
state of the cities and trying to get people rewed up to help
fight the state legislature in terms of what they did to us last
year, So I will be there. For those of you-I will not be staying
for two days. I will just dlive up in the morning and I will be
speaking to the Chamber of Commerce tomorrow morning at
7:30 on the two pesticide ordinances. Trying to explain them,
They have asked me and I accepted. Explain what the
ordinances will do as currently drafted.
Courtney I Thank you.
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Agenda
Iowa City City. Council
September 15, 1992
Page 13
b. City Attorney.
Jtf/ ~
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ITEM NO. 10 -
q~- <<s4.
CONSIDER A RESOLUTION FOR ESTABLISHING PROPERTY TAX EXEMp.
TION FOR THE PROPOSED CITIZEN BUILDING PROJECT.
Comment: Citizen Building Limited Partnership requests that the City grant
a ten.year 100% property tax exemption for proposed improvements to the
former Press-Citizen Building. The proposed Improvements Include the
construction of 66 one-bedroom apartments for occupancy by low. income
elderly and persons with disabilities. This project would assist the City In
meeting the goals of the Comprehensive Housing Affordability Strategy and
in meeting the goal of preserving a historically significant building, the
Press-Citizen Building. This resolution acknowledges Council support for
the project and directs City staff to begin the necessary steps to establish
tax abatement for this site. A letter from. Ri tu Jain re9arding another
offer for the former Press.Citizen Building is attached to the agenda.
Action:
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ITEM NO. 11 -
9J.0)5.1....,
.CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING
THE MAYOR TD SIGN AND THE CITY CLERK TO ATTEST A CONTRACT
FOR THE CONSTRUCTION OF THE NORTH DODGE WATER RESERVOIR
REPAINT AND REPAIR PROJECT.
Comment: The bid opening for this project was held September 8, 1992,
and the following bids were received:
Diversified Coatings, Ltd.
O'Fallon, illinois
$175,180.00
Keokuk Contractors, Inc.
Keokuk. Iowa
$193,000.00
Ziegler Industries
Nauvoo, Illinois
$352,500.00
$273,360.00
Estimated cost:
Public Works and Engineering recommends awarding this contract to
Diversified Coatings, Ltd. of Q'Fallon, Illinois.
Action:' IfntJj Ylf/JlIJ)
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#10 page 1
Courtney/ Moved by Larson, seconded by Kubby. DisctlSsion.
Kubby I Usually I am not someone who supports tax abatement.
Usually tax abatement is given to industlY on the thinking-on
the premise that it helps the whole community. For me there
Is a link but it is not direct enough and the ttickle down theory
Isn't trickling fast enough for me. Although in this community
maybe it tJ.ickles a little faster than In other communities. In
this case it is going to be a real direct benefit to people who are
having a hard time finding hotlSes. Specifically elderly and
people with disabilities who need assessable apartments from a
landlord who Is willing to be Involved In section 8 hotlSing.
And I am very velY supportive of this project and doing to
100% property tax abatement.
Larson/ I gave my reasons earlier. I just want to correct one
thing.At that point I thought it was the only realistic chance to
save the building and now I am told there Is a subsequent
offer. So I want to take that off the list of reasons to
recommend tins project but I don't find that just becatlSe there
is another off that that Is any reason to reject this. It has a lot
of advantages that I have spoken about before. I will vote in
favor of It.
Kubby I I must admit that the prospect of an Indian restaurant in
town was very tempting and I hope tilat that idea will be
explored in another location.
Nov/l think that we also have to say is that one of the things that
makes this interesting Is the fact is that they are all one
bedroom apartments. And tIns is something that our city lacks.
Horow/ I have had a number of thoughts about this pmticular
proposal. Especially due to the tax abatement aspect of it. I
certainly appreciate the fact that we will be addressing those
, ',Individuals who the CHAS report has Identified as needing
,housing. But I will remain concerned that the single bedroom
or the efficiency apartments-If they can be kept for the low
Income and elderly and persons with disability because if-what
, I am concerned about is If these aparttnents become occupied
by families and we, the city council, do not have safety nets
. such as the neighborhood centers,we are going to be impacting
in the downtown area across the street from an elderly housing
complex and In a negative way. I am very concerned about
this. So. I keep going back and forth, Weil, what do you do.
Do you agree with the tax abatement for tins issue. I have to
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agree with Karen that I think many times the tax abatement is
only used for commercial and industrial purposes. But in this
particular situation it Is used for people to live. My question to
legal is do we have a way of assuring that this facility with this
tax abatement will only be used by elderly and persons with
disabilities.
Gent:Iy/ I don't think that is possible and I don't think it Is probable.
There is obviously going to be obligations that Bob Bums owes
to the federal government and to the state in temlS of
obtaining this funding, But as a practical matter I think Bob
talked about it. Bob Burns, the architect, talked about it last
time he was here. That there may well be single-parents with
a child In these apartments.
Horow/ This disturbs me.
Gent!)'/ You can COlTect me othelwise. I don't think it can be
restricted solely to seniors and disabled.
, Horow/ I don't think it can be either and that was my point. Right
now In the Broadway Apartments there are some apartments
that has come to my attention where there are more than one
family In a single bedroom apartment.
. Gent!)' / That could be governed under the housing and zoning
ordinances in terms of density.
Horow/ How do you deal with the probiems that come from having
families in a facility that is downtown, not near schools,
without any neighborhood center nearby to pick up the day
care, to pick up the family training, to pick up all the various
services that Joan Vandenburg and the social workers or the
whole crew are working on out there. This Is an impact on a
, downtown area that we are really-this is really distressing to
,me.
Kubby/ No matter where it Is built those safety nets aren't
" " appropriate for us to be concerned about.
Horow/ We are not making a commitment for money for them right
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",' .,,' .' . now. We are also giving or about to give a tax abatement
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,;;ti';'~;{;,,;~;"':;,";:AmbrISusan, the second line In our resolution that we are about to
Mi:~!;N:::E;;\!i<',:::;'i,act on. " The proposed Improvements Include the constlUction
::i'i(Ctl~~:if,~;:):i,,:,,/<of 66 one bedroom apmtments for occupancy for low Income
:"r"J.1;::~'::',"':""l":~:""'''''''':::' "', ld I d .
~li>>):t;:i!jW:;i:;;iK,,{:,~ er y an persons with disabilities."
i~1:;gjr;r';iJi~;;::;~:(~!;:,:I:Iqrowl That is right. But I Just got through asking can you assure
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#10 page 3
Ambrl What if problem out here. I am voting on what is in front of
me.
Horowl I am using my expeIiences over on- there are no assurances.
Larson! It is not marketed to them. They don't want to live there, It
is not set up for them. I just think that it is theoretically
possible but a lot of plusses to tillS project to worry about a
theoretical-
Courtney I Bob, I did have one question for you.
Gent!)' I I have questions for Bob, too.
Do you have a quota or a goal that you have to set aside so
many for disabled and so many for elderly for the feds,
,..Bob Bums/No. Not that I know of at this time. I don't-the design, as
'J said, will be 10% of the apartments will be designed to be
, accessible at the time of occupancy but the other units will be
adaptable which means that they would be easily converted.
,', ' '.'.'.:.NlJv/Whai.abouUncom~ l~vels. Are lh~y all going 10 b~ low incolU~.
,'..','. ,. - ' '!Bums/Yes.. They would all have to meet the income guidelines.
, ", -Both under the federal Home Program and the low income
'..' .....,.. '.'..". housing tax credit.
:.\.':'i.iAmbrl Bob, one of the things that makes this community great has
.,is.'...', ." ' "helped many of us stay here and be fOliunate enough to be
;})j'!;~:;iiii',':x::' ...' ,.businessis the student body, Could you possibly be renting to
, ,', ' ,,, ,'" ,';-}students
Jii;!f:~t1)?if.1j(,i;i:2!.);~i.irnsITha.t Is'agood question, I hope we don't have to do that. I
~~;~';~~;~:f:';e:/;~:Mi::.;':i.;fli1i.1ooking for a restriction of occupancy to elderly and persons
;i?;t~;\~;\!;j:;~~;W.!:;tYii:.'i:i/<wlthdisabllities. And some of the federal programs allow you
('T\~iH,;o:~t'Z"\"'I,,;i',',_t-...""',"'-')."-,':"-'",-,'.', ' .
;0,~{i~l'.I~\!!.~%;N'iH~j,'\';V,:;~~Xestrict occupancy that way, I haven't found the regulation
,!&r.Jij:if9il;\!;:::V"VA\'\:};:ni,~eUor this project but we are going to be looking for that. I
i~W~1~~i!J\~4ji:f;ti\~Ai;~~,n9t t!)'ing to evade the question. We do not intend to rent
~J~'1"1!J: cf,i1ii.\t;;%I!iiiHq',s.tudents. We do not plan to rent to students, It is not a
'" , ii'~!1;\I!I:i;ii;';:prbJect for student occupancy.
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.1,{'i~~~\PRE(?~)lt If a student comes to ~ou and for someway-and I am not
!\Wf$)Hg};\~()l1versant on how one qualIfies if you are in school to be
;\\;'ii:i\ji,n:;;)~9nsidered a low income person by the federal guidelines. You
:Dii~;;:\';::"'!{':coUJ.dn't turn them away.
"1,~;i:;;i1tBW#s/'Ifit is a project for eiderly, I think we can and that is what
~k~:YJ:~ii:'~i.~ii[Pi;'our answer would be to the applicant. You don't qualify
";"'\~~f~}!t:tw.:;+:;'because you don't meet the age guidelines,
':~1:0\g'N,Wby/.what about a person with a disability who is also enrolled.
,;~ii~li;:W{(tM/;Meet the low Income guidelines and be eligible. It is so hard-
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#10 page 4
the possibility of a person with a disability who is also a
student who fits the low income guidelines seems reasonable-
M.Milkman/ A student-in the first place a student is only eligible if
he or she is independent and has declared himself independent
from the family. Otherwise it the families income that is
considered and not the students. The other thing is that a
student-a single student is not eligible for section 8 certiflcates
or vouchers and therefore wouid have to pay the full rent
without any support. The oniy thing that makes this affordable
for elderly and persons with disabilities if they are vety low
income is that they can get housing assistance. So I think that
will take care of! t.
!..arson! Wouidn't the rent be affordable anyway at fair market
value.
Milkman! $442 per unit induding utilities.
!..arson! There are a lot of students paying that.
Nov/ Tell me how the Ecumenical Towers works, Isn't that restricted
somehow.
Milkman! That is restricted but the is because it was funded with
section 202 funds which are only for elderly and the disabied
and the funds that Bob is going to use are not restricted in
anyway.
Courtney/Bob, do you have some sort of a guestimate of the time
line before you wili come to a final decision on whether this
will actually go or not.
Burns/ We have to-the final piece of the financing will come from
the low income housing tax credit and that application cycle
begins March 15, 93 and the award will be June 1993.
Courtney/My concern is that we have another potential buyer for
the building out there. Apparently a valid offer on it that if
you go until March, April, May of next year and all of a sudden
it falls through and then that fire is gone too. It makes it a
little difficult to. You got a what if and you have got a real
offer there. I was just wondering what your time frame was
on getting your final approvals. Because that is really all you
have left.
Burns/ That is not the only thing I have left. There's some other
applications in between but that is the last one. But the time
line is out of my hands. It is out of my control.
Courtney / i understand that. I was Just curious what the time line
was.
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#10 page 5
Kubby / If one of the pieces of the puzzle doesn't work out does that
mean that is all crumbles,
Bums/ It could.
Kubby/ So it matters which one and when,
Bums/ They all have to come together or it won't work. And if any
. one of them fails to come through, if the other one can't make
up the gap then it won't go.
Courtney/We are or at least I am putting a lot of faith in a federal
bureaucracy to approve all of this stuff so that this doesn't fall
apartment and-we could end up losing the building over this
thing is the fear that I have. I guess I don't trust the federal
bureaucracy that well to get this all done but I think we have
to give it a try.
Bums/ The programs are administered by the state. All of the
financing is administered through the state.
Courtney/ I am not particularly enamored with them now either
right now.
Any other discussion-
Roll call-
The resolution is adopted. Good luck.
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Agenda
Iowa City City Council
September 15, 1992
Page 14
ITEM NO. 12.
q&-~5''9
CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING
THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT
FOR THE CONSTRUCTION OF THE HIGHWAY 6 INTERSECTION IMPROVE,
MENTS PROJECT.
Comment: The bid opening for this project was held September 8, 1992,
and the following bids were received:
Metro Pavers, Inc.
Iowa City, Iowa
$196,910.00
Estimated cost:
$218,000.00
ITEM NO. 13.
9j- Js9
Public Works and Engineering recommends awarding this contract to Metro
Pavers, Inc. of Iowa City, Iowa.
Action: c1a.w..7lI) /)/tftt}
L; PfW 1I\.h1;vJ.; 1/0
CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING
THE CITY MANAGER TO SIGN CONTRACT FOR THE WORK TO BE
PERFORMED REGARDING THE ASBESTOS ABATEMENT AND WALL
DEMOLITION FOR THE CIVIC CENTER EAST LOWER LEVEL.
Comment: The bid opening was held September 3, 1992, and the following
bids were received:
Haasco Ltd.
Dyersville, Iowa
$28,750.00
Curry Environmental Services, Inc.
Milan, Illinois
$67,950.00
$24,000.00
Estimated cost:
Public Works and Engineering recommends awarding this contract to
Haasco Ltd. of Dyersville, Iowa.
Action: . /VMAm(/ A-nt.t
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#12 page 1
Courtney! Moved by larson, seconded by Horow. Discussion.
Horow! I was concerned about the fact that there was only one bid
here. However I have been assured that-after discussion with
staff I was assured of the propriety of this whole thing and so I
will support it but single bids make me-I have the willys over
single bids.
Larson! I absolutely don't believe I am going to vote for It because I
vowed I was never going to vote for one or two bids but there
are really extenuating circumstances In my mind and there is
only two pavers in town and the other company was thought to
be bidding on it and so I think they did put in a low bid and it
costs us more to rebid it probably than we might save. As far
off as our estimates are, often I just think we often save money
when we get four or five bidders. Paving contracts are a little
bit different so I am going to hold my nose and vote for It.
Courtney! Let it be noted that this one did come in at $21,000 under
our estimate.
larson! But the last one with foul' bidders was $100,000 below our
estimate.
Courtney! Any other discussion.
Roll call-
The resolution is adopted.
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Agenda
Iowa City City Council
September 15, 1992
Page 15
ITEM NO. 14 -
" qJ- db9__
CONSIDER A RESDLUTION AWARDING CONTRACT AND AUTHORIZING
THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT
FOR THE CONSTRUCTION OF THE CHAUNCEY SWAN PLAZA PARKING
FACILITY.
Comment: The bid opening for this project was held September 10 1992,
and the following bids were received:
Conlon Construction
Dubuque, Iowa $2,907,500.00
Merit Construction
Cedar Rapids, Iowa $2,977,300.00 i
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Mid-America Construction I
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Iowa City, Iowa $2,984,000.00 I
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I Minneapolis, Minnesota $3,009,500.00
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Kleiman Construction
Cedar Rapids, Iowa $3,245,306.00
Estimated cost: $3,904,480.00
Public Works and Engineering recommends awarding this contract to Conlon
Construction.
Action:
1ktJ! (/lMm
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#14 page 1
COUltney /Moved by Horow, seconded by Larson. Discussion.
Horow/ I was also concerned about low bids. I get very very
suspicious of low bids being accepted. Not only in Iowa City
but throughout the whole United States. But that Is my
problem. Bu tin this particular case I was assured that this
construction company can-we have worked with them before
in this city or at least out in the bus barn area. But we have
also been able to do work within the city and since this is going
to be a high profile controversial project I am hoping that they
will do all that they can to move with public relations and to
avoid what we just got through listening to about the College
Street Park.
Courtney/So far this has not been controversial. No comments at the
p.h.s. There was a p.h with no COlUl11ents.
Larson! Susan, you are the oniy person that I know that can
complain about saving a million dollars.
Ambr/ That is that federai govermnent experience.
Larson!
Kubby/ I really take her comments seriously about putting some
notification up, There are many trees that have been tended
and are growing pretty well in that parking lot. To make sure
that people have notice. That we send out a press release and
that we may need to make sure that notices are-So people
know trees are going to come down before they come down. So
people aren't so shocked, It is the least that we could do.
Courtney/We will make this the first notice. There are going to be
trees cut down to build a parking ramp for across tile street.
Larson! I will tell you what-
Courtney/ I just want to make it first notice.
Larson! We haven't saved a million bucks very many evenings in
here and I just think that that is pretty note worthy.
Courtney/Any other discussion of this item. I would just like to say
that it is too bad that we are not selling the bonds tonight too.
Coralville had an excellent bond opening today that will be the
same rating as this and came in well under 5%.
Roll call-
The resolution is adopted.
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Agenda
Iowa City City Council
September 15, 1992
Page 16
",
ITEM NO. 15,
'la- ~(,.i
CONSIDER RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO
EXECUTE A CONTRACT WITH STERLING CODIFIERS, INC. FOR REORGA.
NIZATION, UPDATING, RECODIFICATION AND SUPPLEMENT SERVICES,
AND FURTHER DIRECTING THE CITY ATTORNEY TO GIVE WRITTEN
NOTICE DF TERMINATION OF THE CURRENT SUPPLEMENT SERVICES
CONTRACT WITH MUNICIPAL CODE.
Comment: The City's Code of Ordinances was last updated and recodified
in 1976, As explained in an earlier memo to the City Council, the Code is
much larger than it was in 1976; and since staff time is limited for such a
large project, City Clerk Marian Karr and City Attorney Linda Gentry
requested six codiflers to submit proposals for a major update, rewrite,
reorganization, reformatting and recodification. The City received five
competitive bids.
III!
After lengthy review and reference checks, staff recommends executing a
contract with Sterling Codifiers for the foilowing task:
Reorganization, update, rewrite, and recodification (200 copies!. plus
editorial conference - not to exceed $22,000.
'. \-:.
Supplement service, 8Y,' x 11", double column - $20 per page.
ITEM NO. 16 -
Because of the ongoing contract with Municipal Code, staff requests the
Council give direction on serving notice to terminate the existing supple-
ment services. See memo attached for greater details on committee's
evaluation an.d selection process.
Action: J2t Co.&! IIr1v;
Ju~ ,~) JIM %.
ADJOURNMENT.
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#15 page 1
Courtney! Moved by McD, seconded by Horow. Discussion.
Kubby! Will you explain what the definition of re-write is. I am
concerned that-And I know it is not going to happen this way
but I want you to expjain it to the public, This company wlll
not be re-writing our ordinances. They will not be making
content decisions. Is that correct.
Gentl}' !They wlIl be doing the original draft-re-writes of the entire
ordinance but we, as staff, will make final decisions on
substance and style.
Kubby! The concern I have is to make sure that they get information
from our planning dept, about the profile of our community.
Get a feel for the community because that could make a
difference on how they go about the re-write.
Genl:1y! The reason that Kathy and Marian Karl' and I liked this
particular codifier was the way they present various
alternatives for a particular problem and you can pick and
chose what is most appropriate for you. And if you don't like
any of them, you send it back and say send something else, So
it is going to be a very long two way street.
Kubby! That doesn't seem like much money. This is a tremendous
project.
Genl:1y! This is a tremendous project.
Larson! I was surprised how cheap it was.
Gentry! Now who is saving money.
Courtney! Any other discussion.
Roll call-
The resolution is adopted.
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City of Iowa City
M.EMORANDUM
DATE: September 11, 1992
TO: City Council
FROM: City Manager
RE: Work Session Agenda and Meeting Schedule
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September 14, 1992
City Council Work Session Cancelled
September 15, 1992 Tuesday
6:30 - 7:30 P.M. City Council Work Session - Council Chambers
6:30 P.M. . Review zoning matters
7:00 P.M. - Council agenda, Council time, Council committee reports
7:15 P.M, - Consider appointments to the Board of Appeals, Committee
on Community Needs, Design Review Committee, Board of
Electrical Examiners and Appeals, and Mayor'~ Youth
Employment. Board
Monday
7:30 P.M. - Regular Council Meeting - Council Chambers
September 28, 1992 Monday
6:30 - 9:00 P.M. City Council Work Session - Council Chambers
Agenda Pending
September 29, 1992 Tuesday
7:30 P.M. - Regular Council Meeting - Council Chambers
PENDING LIST
Appointments to the Board of Appeals and Housing Commission - September
29. 1992
Appointment to Historic Preservation Commission. October 13, 1992
Appointments to the Riverfront and Natural Areas Commission - October 27, 1992
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