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HomeMy WebLinkAbout1992-10-13 Agenda .., I , -. IOWA CITY CITY COUNCIL AGENDA REGULAR COUNCIL MEETING OF OCTOBER 13, 1992 7:30 P.M. COUNCIL CHAMBERS, CIVIC CENTER 410 EAST WASHINGTON -. AGENDA IOWA CITY CITY COUNCIL REGULAR COUNCIL MEETING - OCTOBER 13. 1992 7:30 P.M. COUNCIL CHAMBERS ~~ ~ ::J ::f;a,~ jl~ ~ ~ ITEM NO.1. CALL TO OROER. ROLL CALL. ITEM NO.2. MAYOR'S PROCLAMATION a. Good Bear Day. October 27, 1992. Comment: Good Bears of the World organizations give teddy bears to hurt and abused children and the forgotten elderly. The organization has been in existence since 1969. This proclamation is to remember Theodore Roosevelt whose birthday is October 27 and after whom the teddy bear was named. ITEM NO.3. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. a. Consider approval of Official Council actions of the regular meeting of September 29, 1992, as published, subject to corrections, as recommended by the City Clerk. b. Minutes of Boards and Commissions. (1) Board of Adjustment meeting of September 1. 1992. (2) Board of Adjustment meeting of September 9, 1992. (3) Mayor's Youth Employment Board.meeting of August 26, 1992. (4) Parks and Recreation Commission meeting of September 9, 1992. (5) Riverfront and Natural Areas Commission meeting of September 16, 1992. (6) Human Rights Commission meeting of September 23, 1992. (7) Library Board special meeting of September 22, 1992. (8) Library Board meeting of September 24, 1992. (9) Planning and Zoning Commission meeting of October 1, 1992. c, Permit Motions and Resolutions as Recommended by the City Clerk. (1) Consider a motion approving a Class "C" Liquor License for Hilltop Tavern Ltd" dba HillloR Lounge, 1100 N, Dodge SI, (Renewal) (2) Consider a motion approving a Class "E" Beer Permit for QuikTrip Corp., dba QuikTrip #503, 123 W. Benton. (Renewal) m__......___..... -_._-_.___~~___.........._... - J....:..._~- .. -, Agenda Iowa City City Council October 13, 1992 Page 2 (3) Consider a motion approving a Class "E" Beer Permit for QuikTrip Corp., dba QuikTrip #548, 955 Mormon Trek. (Renewal) (4) Consider a motion approving a Class "E" Beer Permit for Eagle Food Centers, Inc., dba Eagle Food Center #220, 1101 S. Riverside Dr. (Renewal) '16- a..7S (5) Consider a resolution issuing a Cigarette Permit to Diamond Dave's Taco Company, 1604 Sycamore St., #330 Sycamore Mall & Great Wall, 220 Stevens Drive. d. Motions. '1:1 ~ ..)')1., (1) Consider a resolution adopting Supplement #54 to the Code of Ordinanc- es of the City of Iowa City, Iowa. e. Resolutions. 9<7-. ~ ~ 1 (1) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN ADDITIONAL SANITARY SEWER EASEMENT AGREEMENT FOR GALWAY HILLS SUBDIVISION PART ONE. Comment; Portions of the sanitary sewer lines for Galway Hills Subdivision Part One were located outside the original easemenl areas shown on the Final Piat of the subdivision. This easement agreement grants additional easements for the installation, replacement, mainte' nance and use of the sanitary sewer lines In those areas not shown on the Final Plat. 9:1. J- '7'3 (2) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE A LIMITED RELEASE AGREEMENT CONCERNING THE STORMWATER MANAGEMENT EASEMENT AGREEMENT FOR ROCHESTER HEIGHTS SUBDIVISION, LOTS 21.60. Comment; The Subdivider's Agreement for'Rochester Heights Subdlvl. slon obligates the Subdivider to construct a storm water management facility. This obligation constitutes a lien and a cloud on the title of each lot In the Subdivision. The Subdivider has substanllally completed the stormwater management facililY but a general release of the facility is not yet appropriate, This Limiled Release Agreement removes the cloud on the title to lots 21.60 of Rochester Heights Subdivision while protecting the City by establishing an escrow fund until the facllllY Is completed, ---.9- . J. '1 q (3) CONSIDeR RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER. STORM SEWER. WATER MAIN AND PAVING IMPROVEMENTS FOR IDYLLWILD CONDOMINIUMS (BUILDINGS 1.101. Comment; See Engineer's Report. Agenda Iowa City City Council October 13, 1992 Page 3 '1J- Jli'o (4) CONSIDER A RESOLUTION AUTHORIZING THE FILING OF A REQUEST WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR ADDITION. AL FY93 IOWA DOT STATE TRANSIT ASSISTANCE. SPECIAL PROJECT FUNDING. Comment: The Iowa DOT has indicated that they have additional special project funds for FY93. Iowa Cily Transil is requesting $2,592 (80%) for the purchase of a passenger shelter. The local match ($648) is currently in the Transit Department's capital equipment reserve for FY93. Private contributions for the local match are also being solicited. If approved, the shelter will be installed at the corner of Benton Street and Mormon Trek, The location serves a high number of passengers, many of whom are elderly and menIally disabied. f. Correspondence. (1) Letter from Matthew Schulz supporting the closure of Dubuque Road for the ACT campus. (2) Letter from V.L. Blair supporting the rezoning of ADS property. (3) Letter from Marvin D. Hartwig regarding the proposed pesticide ordinances. ' (4) Letters requesting Council support of Public Access Television from: (a) Marianne Michael (b) Pat Gingrich (c) Ralph R. Stephens (d) K. Glen Keenan (Coralville) (e) Geeta Patel (f) John Thomas (5) Letter from Bob and Diane Dean in support of the proposed pesliclde ordinances. (6) . Memoranda from the Traffic Engineer regarding: (a) Stop sign for Willow Creek Court at Benton Street. (b) Stop sign on Nevada Avenue at Its intersection with Lakeside Drive. (c) Stop sign on Miami Drive at Its Intersection with Lakeside Drive. . (d) Stop sign on Whispering Prairie Avenue at its intersection with Lakeside Drive. (e) Stop sign on ASler Avenue at Its intersecllon with Lakeside Drive. (f) Stop sign on Gable Street at its intersection with Lakeside Drive, (g) Stop sign on Lombard Street at its Intersection with Lakeside Drive, (h) Stop sign on Regal Lane at lIS easl and west intersecllons with Lakeside Drive, . (i) Stop sign Amber Lane at its east and wesl Intersections with Lakeside Drive. (j) Lane markings and turn requirements on the south leg of Fair Meadows al ils intersection with U. S. Highway #6. ". Agenda Iowa City City Council October 13, 1992 Page 4 (7) Memoranda from the Civil Service Commission submitting certified lists of applicants for the following positions: (a) Maintenance Worker I . Recreation Division Ib) Mass Transit Operator. Transit (c) Maintenance Worker I . Mercer Park Aquatic Center (d) Cashier. Parking fr-imml (8) Letter from Clem and Anita '/i1.Jr!)met supporting the proposed pesticide ordinance',.1 L $. fLu. M{).I..:f Icf") g:'Applications for City Plaza Use Permits. (1) Application from Latin American Human Rights Advocacy Center for permission to sel up a table on City Plaza during the period of October 5.18, 1992, for the purpose of distributing information and offering crafts for donations. (approved) (2) Application from the Iowa City Rugby Club for permission to set up a lable on Clly Plaza on September 30, 1992, for the purpose of distribut- ing literature and recruiting players. (3) Appllcallon from the Johnson County ERA Coalition to sel up a table on City Plaza during the period of September 26 through October 2, 1992, for the purpose of registering vOlers. (approved) (4) Application from Roxanne Erdahl of Buc's Leathers, Inc., for permission to conduct a remote broadcast on City Plaza on October 2, 1992, for the slore's 20th anniversary. (approved) (5) Application from Billy Howell.Sinnard for permission to set up a lable on City Plaza on October 9, 1992, for the purpose of distributing free literature. (approved) h. Applications for Use of Streets and Public Grounds (1) Application from Johnson County ERA Coalition for permission to use the Civic Center lawn around the bell for a press conference on October 20, 1992. (approved) (2) Appllcallon from the University of Iowa Homecoming Council for the Homecoming Parade on OClober 23, and for the Big Wheel Races on Dubuque Street on October 20, 1992. (approved) -, City of Iowa City MEMORANDUM DATE: October 12, 1992 TO: Mayor, City Council, General Public FROM: City Clerk RE: Addition to Consent Calendar 3 f.(9) Property owners against the proposed construction at Evans and Jefferson Streets. , . , (10) Letter from Dr. Schrock regarding proposed pesticide ordinances. (11) Letter from Dr. Robert Opplinger regarding proposed pesticide ordinances. (12) Letter from Parks & Recreation Comm. regarding Hickory Hill Park. (13) Letter from ~ancy' Seiberling regarding proposed pesticide ordinances. (14) Letter from Homer Dudley regarding proposed pesticide ordinances. (15) Letter from Daniel & Mary Brookhart regarding rezoning of ADS. (16) Letter from Roberta Patrick regarding the rezoning of ADS. (17) Memorandum from City Atty. regarding proposed pesticide ordinances and attached information from: Iowa Pest Control Operators Association Iowa All i ance of Envi ronmenta I Concerns TruGreen Chemlawn (19) Letter from Sherrie Klemp regarding Airport Relocation Feasibility Study. ,.,_..-____.......__.___h. .-----. ......--....- 1\1I -.Lld_ Agenda Iowa City City Council October 13, 1992 Page 5 (3) Application from Regina High School to have a Homecoming Parade on September 24, 1992. (approved) ~/~ ~&~/ END OF CONSENT CALENDAR t:2(j Cl/}U.a-;~ 7Jt ~f} %;, , ITEM NO. 4 - PLANNING AND ZONING MATTERS. a. Consider setting a public hearing for October 27, 1992, on a resolution adopting the Iowa City Historic Preservation Plan. Comment: At a joint meeting of the Planning and Zoning Commission and Historic Preservation Commission on October 6, 1992, the Historic Preserva- tion Commission recommended, by a vote of 4-0, the adoption of the Iowa City Historic Preservation Plan. Complete copies of the plan will be submitted to the Council under separate cover prior to the public hearing. Action: ~/ Y\. w ~~uJ b. Consider setting a public hearing for October 27, 1992, on a resolution amending Ihe Comprehensive Plan by incorporating Ihe Executive Summary and the Neighborhood Strategies from the Historic Preservation Plan into the Comprehensive Plan. Commenl: The Planning and Zoning Commission and Historic Preservalion Commission held a jolnl public hearing regarding this proposed Comprehensive Plan amendment on October 6, 1992. The Planning and Zoning Commission will be considering the proposed amendmenl at its OClober 15 meeting. Action: AI I( Ad a/P! r . c, Consider setting a pUblic hearing for November 10, 1992, on a resolulion approving the voluntary annexation of approximalely 7.08 acres of land located north and east of the presenl Iowa City corporate Iimlls, north of Court Street and east of Scott Boulevard. (ANN '92.0001) Commenl: At Its OClober 1, 1992, meeting, by a vote of 5.1 (Gibson voting no), Ihe Planning and Zoning Commission recommended approval of Ihe application submitted by Plum Grove Acres, Inc. to annex Ihe subject parcel. The Commission's recommendation Is consistent with the staff recommenda. tion. Action: Il!!J / )/~ I ' aP'f ~PA .....t'.--.i_.....#.~..."...'_...,.........'........__.._....._.._.................._- ~. - 'lYII_~ . , .. " '.- '.' ." I I , , .,,'. ," , '.' '.' '.' ~'F,l'. ?~[ . t.k:'bt,,'. . -.-. - ,.---.., .' '-. ", , .'-.' '" #3 page 1 Courtney / Moved and seconded (Ambr/Horow). Any discussion. Kubby / Item e. on page 2 is a resolution changing where the easements are in Galway Hills or for the sewer and I wasn't quite sure why that was happening. So I don't know if there is someone here. If Karin, you know. We had the final plat and I thought everything like sewers was taken care of. Gently / Tlus is clean up. Kubby / Can you explain what that means. Gently / The plat that was approved about a year ago. Tius should have been done about a year ago and it simply reflects additional easements outside the subdivision that need to be given to the city. Kubby / So that it is not that anything was removed from the final plat. Gentry/ Nothing has changed. Kubby / It was that we didn't do this at the time. Gently/That is comct! Kubby / Thank you. Courtney/Any further discussion on the consent calendar. Roll call- The motion is approved. ____n,'W _K"'__ .......- ....~..__.........- . -, Agenda iowa City City Council October 13, 1992 Page 6 d, Consider setting a public hearing for November 10, 1992, on an ordinance amending the Zoning Ordinance to change the use regulations of certain property located east of Scott Boulevard and north of Court Slreet from the County designation of RS, Suburban Residential, to RM.12, Low Density Multi-Family Residential, and RS-5, Low Density Single-Family Residential. (REZ 92.0010) Comment: At its October 1, 1992, meeting, by a vote of 5.1 (Gibson voting no). the Planning and Zoning Commission recommended approval of the application submitted by Plum Grove Acres, Inc. to annex and rezone the 7.08 acre tract from the County RS designation to RM.12 and RS.5. The Commission's recommendalion is consistent with the staff recommendation. AClion: I~/ 1!:J aef ,.uJ e. Public hearing on an ordinance vacating portions of Dubuque Road right-of- way. (VAC 92.0002) 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, recommended denial of the requesled vacation of Dubuque Road. This recommendation is not conslstenl with the staff recommendation set forth in the staff report daled August 5, 1992. This hearing has been continued from the Council's September 15, 1992, meeting. Action: ';p (1M) /11;rJ (:;. f. Consider an ordinance va ating portions of Dubuque 92.00021 (First consideration) . -I- (!Ifb oad right.of-way. (.Jf;f'f' ~ Comment: See Item e. above. Action: 1h1W / /kt; ~ /~ u(/I/J jff~ 11#dv 6) JJ . (idk /I I M ~, 114e page 1 Courtney / Before I open the p.h. we had extensive conservation last night at our infonnal on several different plans. ["Or those in the audience here, they are on the wall over there. Maybe as the healing goes on we can pick up some of those on camera and councilor McD would like to throw out another idea that we could get some public input on tonight also. McD/ The only thing that I would like to lay on the table at this particular time for the benefit of the council. After going through this for several weeks now when we have all had an opporttmity to review the different proposals that have come forth to tIS and we really have not reached a point where there has been a decision made as to what proposal might be best. I thInk among the seven members sitting right at thIs table there is a commitment that something needs to be done and I thInk that we have all made commItment. What is going to be done remains to be seen but I think that -1 think that we are all in agreement that we are willing to do something In that area. 1 guess at tIlls time I want to take part of a proposal that we talked about when we held a joint meeting with the P IZ Commission. A number of years ago, I am thinkIng probably' 5-18 years ago at this point this city adopted a plan, a program, to build a nOlth-south atterial. And that north-south arterial was going to be Scott Blvd. to service the east side of Iowa City. What we saw-one of the proposals that we saw a couple of weeks ago with our joint meeting with P/Z was the final extension of Scott Blvd. along WitIl an east-west arterial tied into that. I guess what I would like to lay on the table for consideration and agaIn it depends on if a majority would be Interested in pursuing this or not, would be separate a couple of tillngs here and go ahead and fitllsh tile original concept. The original plan with the extension of the north-south arterial being Scott Blvd. across the interstate, comIng out on Highway 111 but not necessarily at this particular time go with the east-west atterial. And let me give you a couple of reasons belllnd my thinking on this. First of all I think that wl1l-I think the original plan was a good plan. I think it still has a lot of merit today. UnfOltunately through the years, for a lot of different reasons, this did not proceed on the type of time table that we had envisioned and that was envisioned at that particular time. I think that this finally finishes that original plan. That puts in piace that north- south arterial and what It does to that north quadrant that we keep talking about. We are all very muc h aware that If we build -- t/4e page Z an east-west arterial across at tlus particular time that very definitely is going to impact on development. My thinking at this point is filush Scott and let the market dictate how development takes place in that area to a certain extent. I am fully convinced that at some point In time, how many years and how far in the future I have no idea. There will be an east-west connection at that point but I guess I am questioning if we really need that at this palticular point. Kubbyl You are saying that because we are not slated to develop that area of town for another ten years to twenty two yeal'S that we shouldn't encourage it. McDI I think what will happen at this point and again It is my opinion, I think what wiII happen, it we build that east-west arterial you are going to see development take place rather rapidly. The potential exists for development to take place rather rapidly. Really from more of a west to east type of development. I think with the building of Scott we would see just the opposite take place. I think we would see more of all east to west type of development take pace. We will see certain sections done at some pmticttlm' time. Again, depending upon the market, the demand, the developers, the landowners. But I also think that what this does at this particular point, I think this does a couple of tlungs. I think It removes this from the political arena. I am not sure that this should be-this type of thing should be the political arena at this particular point. I think the market should dictate In some ways how development takes place. I am also concerned that we have some type of control that when that road, that east-west road, eventually goes across there. I think that we definitely want to have some control over the land over some dotted lines on the map or whatever as to where that road is going into place. It Is important that whoever the councllls at that particular time that they do have some control on that. I think that we can accomplish that at tlus particular time. But I also think it removed First Ave. trom the potential of becoming the "mterial" that wr don't want it to become at this particular time when you when you develop from an east to a west rather than from the opposite direction from west to east. Kubby I If we would consider that seriously it seems like we would have to have another discussion with P/Z because their vote against this was due our lack of having an east-west access and- _ _............._~......... ......."'_...__.......___H'___.~__...~......_......____- ~ - ",,,.,,. -, #4e page 3 !vIcD/ It wasn't, Karen. necessmily an east-west access. What it was was having some type of plan in place to develop the potential network of streets in that area. Scott-the extension of Scott Blvd. meets that Cli teria. It does. Kubby / Do you think as fully as they were talking about. Kubby / I think that is a real different plan than what we were talking about at the Joint meeting. !vIcD/ Yes. It does. Kubby / And how would people who live in that area, if we did vacate Dubuque Road, how would people in that area have access to their property then. !vIcD/ How do you mean. We m-e extending over the interstate. Kubby / You are talking about doing it soon. !vIcD/ I am talking about accepting that rather than one of the other proposals. That is what I am laying on the table at this point. Rather than going from east to west we are going north to south at tlus point. We look In that direction and then let east to west develop as it will with some guidance mld some control, obviously. Horow/ Not a bad idea. Nov/ I t1unk we need more than Just some guidance. I think we need to speciIY r.o.W. before anybody builds ,my thing. McD! I don't disagree. This would be the time to do it, Naomi. I think that we have a responsibility to lay down and to accept where a road will go and how it will proceed. I envision this being built In sections. it is not going to go all at once If it is done by private development rather tllan by- The city has a responsibility to build arterial streets. I also see this as a possibility of not necessarily this being an arterial although it might act in that manner. But we have several collector streets already that act as arterial streets. Kubby/ We have problems with them. McD/ With nothing there at this pm1icular time I think that we would have an option to obtain r.o,w. for the extension or the widelung or whatever the planners like to call it, to do that at the time necessmy. I am not q uestloning the necessity of doing It right now. Ambr/ I would like to ask the transportation planner, Jeff, if you would please. I think the completion of that portion of Scott Blvd. that is most recent is probably one of the more needed things that we have done in the last six years. Whenever we accomplish that which is discussed for 22 years prior to -evelybody remembers ...- - ~....-._---..- .- ___MlilIl. ....__M............._................._ '..._0'...._..._ ._ ____ #4e page 4 that. Is there any possibility that if we extended this to the north that we could tie that into economic development job creation to qualify for RISE funds. Davidson/ Well, it is possible. It certainly is possible. If this enables to development to go ahead that is going to create jobs in the collul1unity, the state obviously is interested in providing an initiative for that and it is a possibility. larson! John, what you are proposing fits in with Tom Scott's and my comments at the joint meeting just two weeks ago about the issue of whether that east -west arterial really needs to be an arterial or whether it can develop as a collector. And I believe staff's objections were that what you get then is a situation of what you have on First Ave. now. Where you have developed it with driveways and lots of curbcuts and narrower than what an arterial would be. I am not stating that as my objection because I want to do what you are talking about because it has the advantages of letting the area develop by developers wanting to do something instead of our cramming a road down some people's throats which is really hard for me. But 1 just ralse that as kind of staff's objection that what you'd end up with there is a bunch of streets that are developed by developers that aren't to aItelial standards and then you tty to change that 20 years down the road and say well now it has got to function as an arterial. 1 am not convinced that there has to be an arteIial through there. But do you say about that- McD/ Well, I guess I-again, you know that we have had this discussion before. Arterial or collector. I mean the planners they-I am much more knowledgeable in this area lhan I really am and they like to discuss these types of things. But I guess my point being Randy that I don't think that we should let-I am firmly convInced that at some point in time there would be an east-west connecting street. Again I question the necessity of having It now. I go back to the Oliglnal concept of having the north-south mterlal. WhIch made a commitment to a number of years ago and we have only about half way or maybe three quarters of the way there. Lets finish that job. That meets that commitment. That provides for that artelial for the east side of Iowa City and again all the way to the industrial park. But at the SaIue time I think we have to pay velY close attention and either acquire that r.o.w or easements for that potential street that will go through there. Because it will happen at some point in time. #4e page 5 And I think that we have a responsibility to say okay folks, go ahead and develop but this is how this street is going to go. Kubby / That is right. If we have it all mapped out, then the development community knows what is expected and streets other than what is on there wlll not be acceptable. That takes the council that will have the plan and live the plan. McD/ Exactly. Kubby/ To have that work properly. McD/ E.xcept it's not done. I mean we make that decision now or in the near future. Larson/ We may get lucky and have Scott Blvd. extended all the way to Hwy 1 take enough north south traffic away from this area to we not as much of a arterial or maybe not one at all cut through the area. Davidson/ That's right. That's exactly light. Larson! Avoid having to. McD/ And only maybe It's the subdivisions that go in there that actually end up using that, plus some otller people of course. I mean, they will. Again, I lay this on the table at this point. If you want to pursue it fine, if you don't tell me to. Courtney / Well let's put this out as Item f. We've got a through e over there already. We presented this in tins way because if we'd have done It later, then we'd have had to come back and do ph's all over again and I'd just as soon get it out now while all tile folks are here and can comment on this as well as the others. I think there's a couple of other things that enter into this. The cost isn't exactly cheap. We're looking at some more money than an east west, however the plans we had laid out to us originally, there were some addition done where north south plus the east west and It came out to a pretty phenomenal figure. If we're not building a east west street and we leave that to the Individual developers up through there to pay for eventually, I guess I'd like Input on that because the plans that for now envisioned that being an arterial that the city tax base would pay for, and the people that own land up through there might have something to say about this change, so I wanted to get It all out at one time. Larson/ Let's just talk for a moment about the process so people understand what they're looking at. It would be my feeling that we wouldn't need to commit to any of these things including act tonight and as I've been quoted as saying I'd like to have that done before we vote on the closing of Old Dubuque Road, later on, ....,......,-.........- ...._.._~_~_........_ ~._..........._....._..........,__'_......;... ---...aMIIItIM #4e page 6 not mentioning the article we all kind OK, I guess it was, but we all kind of acquiesced in the idea that as long as you have a commitment from council to do something about the street and network, it gives those people other access that we wouldn't necessarily have to have the option all chosen before we vote on the vacation. And that's how I feel. I didn't want anybody to be lead astray about comments. McD/ Well, I didn't submit tllis to slow the process down or throw another wrench in the works, see I take the opposite view from you on this Randy. I tllink we can proceed at tllis point, take action on the next item on the agenda. I agree with you that I don't think that we have to make a commitment as to what option we might be looking at or what option we mighL be going to take, but again I think the commitment is there that we're going to do something. And I think that we will have the opportunity within the next few weeks ahead of us to make that decision. Larson/ I assuming that that comnlitment is on that timetable we talked about wllich is a year to design and a year to build which ever way we go. COUltney / Well at the end of the p", I would like to see us narrow this down and when we vote on the next item, I'd like to see us narrow this down two or three of the options however, so that staff can prepare some input on the options. I don't want them to have to do all six of tllem again. If we can throw out the 2 or 3 of them, it would make tllings a lot easier for them to bring suggestions and recommendations to us. Nov / I would also like us to do sometlling to consider allocation some planning money within the next budget. Which mean we're going to have to somehow do it soon. Larson/ Well they don't have anything else to do anyway. They can handie it. Kubby/ John, in looking at options a through e, pmt of what we're getting back from ACT is an exchange for some land. If we don't do the east west, we're not getting that exchange anymore and pIivate developers in might, we might or we might not get that in the futm"e. Have you talked to ACT about the possibility of contIibuting to that nOltherly extension of Scott? McD/ No I have not. No. Larson/ But they'd also have to pay for. McD/ I have not really talked at any land owners or anyone else in tile area out there that this involves, Karen, so. ~> ..-.....M.......".. , .___..-.-........"".........._._..__._~.~..__..... ..,__..-....._ .._- .,.!If_~ _____~___~_ -, tl4e page 7 Larson/ I thought that part of that trade off was that they would dedicate the land for the arterial but they wouldn't have to pay for it. Now if they're going to have a road through their land they'd have to help pay for it. Cow-tney / It should also be recognized that as you go across the interstate, you run into a whole new family that hasn't been Involved in this. Nov / That's right. Someone else's. Courtney/No one has spoke with them yet either. Larson! That was one of my concerns, why I didn't want to make a decision on option tonight because I don't think the Press,Citizen has had adequate time to respond to option e. Kubby/ As well as will there be a public forum for other people north of where Scott Blvd. is now. They may not be here tonight because. McD/ If we go? Oh there most certainly will be if there would be a decision that we would, you know, I mean if there was a majority that wanted to look in that direction. Then there most certainly would be. Courtney/Okay. :Let's, with that haVing been said and another option added to the one over there that you can't see, let's open p.. for any input on tlus item. Jim Throckmorton! 1026 Friendly. I'm supposed to sign in first, right? Courtney / Please. And identify yourself to council. Throckmorton/ I'm a professor of urban and Regional Planning at the University of Iowa. I'm also a member of Environmental Advocates' Urban Development COlUmittee. It's a pleasure to speak to you tOlught about the proposed vacation of Dubuque Road. I'm going to admit right at the start I don't know all of the details about this. You know we professors, we just sort of sit up in our ivory towers and do things that seem to be irrelevant to evelybody else. But I've been tlylng to learn about it recently and I want to draw your attention to a couple issues. First, what effect the new arterial roadway which I presume, I'm thinking in terms of an east-west arterial which I understood we were going to, which we were going to talk about. I want to draw your attention to what effect the new aJterial roadway would have on the integrity of HickOlY Hill Park. And secondly, whether development of the area can be accomplished in ecologically -, #4e page 8 sustainable way. I've walked evelY inch of the northeastern boundmy of the park, both as it presently exists and as it will be when the flood retention areas arc I think, officially included in the park. And that walking ieads me to conclude that the connection to Dodge Street will have little direct and immediate effect on the park except at it's far northern tip. In other words, I'm not too concerned about these five alternatives you have up here. I'm confident the city will take adequate cme of those and there won't be any setious problems. But to me the crucial issue's not short term impact with the road, but the longer term effects of that the new road will have on land conversion between Dodge Street and Scott Blvd. north and northeast of the park. 1 don't know precisely how much land going to be opened up for conversion but I guess it's my quick guess that it's sLx or seven hlUldred acres, maybe more, 1 don't know exactly. It's a substantial mnount. Converting that land to new office and residential uses, drmnatically alter almost 1/2 mile of the northeastern perimeter of the park. And thereby radically constrict the movement of wildlife into and out of the park. And chmlge for years to come the expe11ence of being in that place. So what, you might ask, big deal, it's a pm'k. Hemy David Thoreau once wrote tlmt, quote, a town is saved not more by the righteous men in it then by the woods and swmnps that sl1lTottlld it. So too it is for Iowa City and HickOlY Hill Park, I think. For there we can recreate ourselves, I think. literally return to our five senses and remember our connection with the land. And we can get to it by bus, by bike, or on foot. So simply from the point of view of the park, it's inhabitants, and he people who walk through it or simply sit quietly within it, I urge you to consider not building a new road at all. Well despite these preliminmy misgivings, you might, you probably still want to build the road. If so I urge you to consider whether suburbanizing the 700 or so acres will help Iowa City develop, come to an ecologically sustainable future. The proposed roads give primacy to autos and trucks mld that makes us even more dependent on oil imported from places like the Persian Gulf, risky oil that we fought a $50 to $100 blllion or more war not over two years ago. A sustainable development would discourage automobile traffic and strongly encourage travel by bus, by bike, or by foot. The proposed roads would also over time, dramatically aiter the northeastern gateway to Iowa City. Now I've only been here for six years. So I'm no long term president, /I .._.__..... ...H_..... ...--.......-...'-_..~"......-._-_..--,~ ....... ,.-...,...........-..........,"""'-. TAI_II.-' J I~. '-. #4e page 9 but I love the gateway to Iowa City. Construction of the roadway cOlUlectlng North IXldge to Scott Blvd. would dramatically increase traffic along Dodge. It would stimulate construction of new dIive in hamburger joints, gas stations, and convenience stores. The entlY would no longer be unique to Iowa City, which most of you have grown up in, I think, but would be like any town, any where, or no town, no where. And the proposed connection to Scott Blvd. was as I just said, open up a vast swatch of land to suburbanization. Thereby dramatically altering the northeastern peliphelY of the city's only large natural park. Why then I wonder, should the city even consider building a Dodge Street/Scott Blvd. connector, rather than facilitating greater reliance, greater suburban sprawl, and radical transfol1nation of a truly wonderful park. The city should find ways to first maintain the integrity of Hickory Hill Park. Secondly preselve the unique sense of place and cultural heritage provided by the Dodge Street gateway. Thirdly, use energy more efficiently, blend development more naturally into existing communities and eco-systems, And lastly dramatically reduce incentives for automobile use. In sum, I oppose each of then roadway alternatives that I understand about, and I strongly encourage you, the members of the city council, to begin opening your hearts and minds to begin imagining and building and cOlllimmity that maintain that malntains the unique character and sense of place here in Iowa City. Thanks. I appreciate your attention. Courtney/Thank you. Gluf Davidson! I joined the ACT organization in 1962, and shortly thereafter ACT faced and Important decision. The decision was whether to remain in Iowa City or move elsewhere. It was a difficult decision. Travel In and out of Iowa City was difficult. It stili Is. And frankly, Iowa City downtown was a place that you did not take employee prospects. The major reason why we decided to stay In Iowa City was the promise and the prospect of a plan for the renewal of the downtown area that was being discussed. And to the great credit of the people involved In that plan, the city council of tllOse days, members of the Chamber of Commerce, members of the organization that has turned Into Project Green now. To their great credit they were able and willing to look beyond the here and now, to look beyond the specifics and the details of the plan for Iowa City and rather to focus on the overall plan. And to look ahead and look at what Iowa City downtown ......~......., ~_._.,.-.....,_.,_.__..~~---_._--_...._,.........-- JU I~ -, #4e page 10 might be in 1992. And it is because of their foresight that downtown Iowa City today is a much more viable and indeed a much more pleasant and beautiful place. Now the point of this look back in histOlY is that I believe you face a similar matter today. I would urge you not to look at the topic of this evening as Dubuque Road and whether it turns left or right at some point. But rather I urge you to think broadly and in a long range manner and view the topic of tonight as Dubuque Road as one element in an entire east-north east sector of Iowa City. And visualize what that sector might be like in the year 2020. Thank you much. Uncia McQuire/ I live in the 600 block of Ronalds Street. I have lived here in Iowa City for 18 years which makes it my second hometown. Three years ago some of us wanted to celebrate the 150 anniversmy of North Market Square. So was bom the Northside Neighborhood Association's first annual fair. Out of having fun together our association grew to be a grassroots muitipurpose organization. I mn on the board of directors but I am not here tonight as its official representative. However others in the neighborhood share my personal concems about the development issue before you tonight and especially the council's consideration about closing North Dubuque Road. Our house on Ronalds Street is just three doors from Dodge Street. Dally over 7,000 vehicles-that is a 1990 figure-go through this intersection Dodge and Ronalds which is also a well known and lucrative speed trap. Horace Mann School is just one block down Dodge from Ronalds. I have two things that I want to address with you tonight. First I have a series of questions for the council. As you make your decision about closing Dubuque Road will you consider the effect that rerouting the traffic will have on the northside neighborhood. If you vacate that road 560 more cars are expected to use Dodge Street and Govemor. A figure with intolerable limits according to the city. What about the additional traffic that we will be forced to absorb in the next five or ten years as the city inevitable expands to the north and the n0l1heast. How will the increased Dodge-Governor traffic affect our densely populated neighborhood. What impact will the increased traffic have on already heavy east -west traffic on our streets with uncontrolled intersections. In some way Brown and Church take those sort of east-west m1erial or whatever you call them traffic and your own traffic engineer has already been asked by our neighborhood to work on these issues and that is with ",._~__._,,_,,_._.. '_~M _~__....*._~..........__,.....'......._..._.._..... ...~._IftI~' - ~ /IB!!t, '-. #4e page 11 existing traffic loads. We're already concemed about that and that should be on record. I commend the city for Its support to neighborhood associations and for listening to neighbors concerns about Kirkwood Ave. But I have a request, the second thing I want to address tonight to make along these lines. That you consider neighborhood preservation and quality of life as you make each city growth decision. It doesn't just affect the particular area that you are talking about. It affects all of us. In my mind this would mean that think big picture and long range on each land use decision even though that you may tempted to settle the matter in a course of least resistance. In other words, as applied to the Issue before you tonight, I would ask you to dare to consider going ahead and building that east-west artelial road connected up to the north-south as a way to manage the traffic that is bad now on Dodge and Govemor and It is only going to get worse. I am not just talking about the 560 cars. I am talking about what is going to happen about the north corlidor and up Route #1. The development that is happening right now. A true commitment to neighborhoods means more than plinting our newsletters although we appreciate that. To be consistent with this commitment the City must thoughtfully plan for our inevitable growth with our neighborhoods best interests and quality of life in mind. Thank you. Courtney I Any other public input on this Item. Charles Eble12150 Dubuque Road. I am speaking tonight for Dr. John Clancey who lives at 2003 NOlth Dodge Street who in addition to the following has asked my to express his dismay at the way the council continues to regard residential areas as of little consequence. At the time Interstate 80 was built the council then stated that there would be no more commercial enterprises permitted on NOlth Dodge Street other than at the four comers of the intersection. Especially into Iowa City proper. The first AC expansion was a case in point. Now a further expansion is asked. When will the council say no. There is plenty of commercial area to the south available for such use. The city has presented various plans for future growth in the nOltheast area of Iowa City. Ail of them very expensive and not one completely satisfactOlY as was pointed out last night. At a recent meeting Rochester was sl ted as well able to considerable more traffic and extension of First Ave. at ieast ten or twenty years away, if ever. An orderly development of roads in the area it seems would result from '.. #4e page 12 housing in the future. Now the cOlmcil prodded by ACT has had to come up with hastily drawn plans for an arterial street which hardly seems necessaIY. A street that would cost at least $1 million and up until now was never suggested as a logical step. It was ACT on its own that fIrst shown such a route as a possibility. ACT never gave a second thought about the !.arsons and Gatens properties. It fIgured its domain should have precedence. Such a idea is nonsense which Iowa City would have to pay for. In particular the owners of the property through and adjacent to that road. ACT traffIc alone hardly necessitates such a street. If it does, ACT should pay for it. There is already one road. Dubuque Road as it is now. Which has served the residents and ACT quite adequately and could continue to provide the access well into the future. Not only for an expanded ACT but prospective housing development along the Seven Sisters Road. No roads would have to be built ti1rough residential areas, property condemned or houses demolished. A new city or private road just to the north of the proposed ACT buildings would f1Iter traffic to aI1d from ACT to Dubuque Road and eventually to Scott Blvd. We might call that plan #7. Access to ACT buildings doesn't need to be from the south. It could be from the north as Jeff had suggested. No residential area is involved. And access to the new buildings could well be gained by a service road skirting or traversing existing parking lots which otherwise have no traffic. Just parked cars. There has been really no valid reason ACT has given for closing Dubuque Road. Offlcials sald there is some foot traffic between buildings. I witness velY little. And certainly the forty additional employees as stated they would have upon early expansion would present no problem. The University of Iowa upon this premise might well have asked for all of Washington, Jefferson and Market Streets be closed between Madison and Clinton. Foot traffIc on which is infinitely greater that that of the streets of ACT. The University Hospital buIlt a tunnel under the street to facilitate traffic between buildings. Particularly important in the winter. ACT could provide a tunnel under Dubuque Road at a velY small fraction of the million dollars of new access road would cost. And at no inconvenience to anyone. ACT has at great length emphasized a landscaping approach. I am certain landscaping plans equally attractive as the one ACT presented could be drawn up which would retain Dubuque Road as it is now. The taxpayers are being asked at great cost to _..I,.......""...~_.__.._....,...................._......_.._____...,........_....._.._ . jl ... J fIIiI_ '.Wi -Wtllll..... '-- #4e page 13 provide a park for ACT's plivate use. A cost is too high and the benefits of the people of Iowa City are practically nil. If ACT can't get along without closing the road then let them make other plans. ACT should be the one to make exceptions and concessions. Both people would be happier. The prospect of a few more jobs and taxes speaks for little. Homes of happy people in the area would in the ShOlt and long run make Iowa City a more attractive place to live than two more buildings and additional Cony Island lighting brightening the sky all night long. We urgently suggest that the council not vacate any portion of the Dubuque Road to a business enterprise whose main premise for closing the road seems to be one of aesthetics. Do not act in haste no matter what pressure ACT is exerting to do it now. Consideration of the possibilities of such magnitude for a year or even two is not too much to ask. For the present let ACT be assured that the city won't ask it to demolish new buildings for a road in the future. Ten or twenty years from now the function of ACT may completely change. Thank you. Courtney! Thank you. Cam Cambell! I llve at 967 Evergreen COUIt and I came in back in July when I think some of these issues first started. I want to say that I think most people's objections to really closing it goes with the north-south arterial. I think John's proposal sheds a whole new light on this thing and I really think it opens up things. I will keep my comments blief in this just to say I agree 100% with what he is saying. I think it really makes the most sense rather than hying to cram an east-west arterial in. And if it does hook in what are you going to hook up to-a diIt road. CHANGE TAPE TO REEL 92-92 Side 2 Try and do some of the other things. So I think John's proposal is an excellent one. I think it is probably the one that I hear most people that I speak with living in the east side would agree with those comments as well. I think it is an excellent proposal. Courtney! Thank you. Richard ~rguson!Good evening. I am Dick ~rguson, President of ACT and I would llke to offer a few comments this evening that I hope wlll be clarifying regarding our interests and our intent. Certainly that is my hope. A little background-a little perspectlve on what we have been seeking to accompllsh and the whys and '.. #4e page 14 therefores of that, if I may. First of all I would note that ACT is in a period of relatively unprecedented growth. And that is growth that is by all amounts is likely to continue well into the 1990s. That is a by product of major investments we have made in the last several years in new programs and services that are now just begilming to come on-line and show great promise nationally. As you know we are a not for profit organization. We are also a tax paying organization in 'the process. And pave been in Iowa City now for some 34 years, The reality is at the moment that we have maxed out, as it were, on office space. And in that connection, in Iowa City to be sure. I would note that ACT has in addition to its offices in Iowa City 11 other offices around the country. Two of those offices are research and development offices that perf 01111 many of the same functions that we perfol1l1s here I Iowa City. One of those is growing at a fairly spectacular rate. Last year we concluded that it was in ACT's long term interest to grow. To expand our facilities and our capabilities and to do that not just in Iowa City but around the nation. We had developed a very extensive plan to do so. The council and others over the last several months have seen the result really of an effort that encompassed well over a year of effort. In fact what we perceive to be model planning. Looking really far ahead into the future with an eye to be able to answer the questions that would be posed about where are we going from here, Not essentially facing it at evelY tlU'nmore questions that we had not anticipated. I might add that at the same time that we were confronted with the decision to expand our facilities and our resources we faced the question of where do we do that. I have already noted we concluded that we wlll be growing in many places, not just Iowa City. But what we did at that moment was as well to conclude that we wanted to grow in Iowa City further. Iowa City was our home base. It was our corporate headquarters. Our roots are here. We have a velY large dedicated talented caring staff. Staff who are major contributors to the conl1l1unity in more ways than we can count if we were to even seek to do that. So that we are very much a part of the community. We care a great deal about it. But on that premise we invested very heavily In the planning that we have done In the last year and have proceeded obviously with the long range plan that you all have observed. I might add that ACT has been growing during the relatively extended dialogue that we began sometime ago with the .~_ ._._...""._-....._.._.-.,._.............._a~_._....'...________ 'Uill_~ ~, #4e page 15 city staff and the city council. That has continued. In that process we have found it necessary in the last several months predicated on the earlier vote of the council, #1 to lease additional space in the new Noel Levitz building that you authorized somewhat earlier. We just moved into that this week. We purchased another office building in the Towncrest area simply because we had to have more source. We did that, I might add, on the premise that the opportunity would exist long term for tIS to expand our campus. Certainly it is not om preference to have our staff spread out in our buildings across the city. So we have obviously an interest in seeing the growth occur here as I have identified. The process in which we have been engaged with with the city and the city council has caused us to delay our construction plans. This year, as many of you were well aware of, the hope had been at least that we could begin infrastructure development that was a part of our long range plan and complete it actually this fall. That has not come to pass obviously. And of course the question at issue here In part is will we be able to do that next spring or in the coming period of time. We are continuing to grow and we are experiencing the problems that growth generates in an organization. Space for people. Our planning for development outside of Iowa City is also continuing at this vety moment. And with considerable less complexity I might add perhaps than we experienced at home. That Is not a negative comment. It is only an obselvatlon that we happen to be in an environment In which there are considerable inducements and interests in other areas for growth to occur. And particularly growth of the kind of organization that ACT represents. Where most of the staff that we are hiring are college educated individuals, many of them with advanced degrees and who represent I think velY velY fine additions to any community. I want to emphasize something and in the process of doing that indicate that it would suggest a bit about our view of future growth in Iowa City. Our plans for growth in Iowa City are not obligatOlY. They are not essential. They are rather elective. It is as we who have concluded that we would like to grow here. obviously we would Ilke to grow here only if the city would like to see us grow here and obviously there will be mixed views of growth and the potential and the problems and the challenges that represents and that is the role that you as councilmemebers are playing and I might add a velY velY difficult situation --. #4e page 16 obviously of which we admire that role you that playas you tlY to consider in a way all the factors before you. I would note and I do not say this in any heavy handed way at all. The reality of this is we must grow because we are growing now and we are looking for ways in which we could see that growth develop in an orderly fashion. So we already have a velY large investment in Iowa City. I want to claIify because in some occasions it has been suggested ACT is sort of threatening that it would move its corporate headquarters or whatever if its plans were not approved. That is a silly notion and it would have never come from anyone who represented ACT. The reality is for us that Iowa City will be ACT's corporate headquarters for a vety long time. I am sure of that. That really isn't the question for us. The question is as we are growing where will that occur and will it occur disportionatley in Iowa City as we had planned or will it occur elsewhere. And our observation is that we will continue to plan and move. We hope that the decisions that are before tIS all will enable us to continue to grow in Iowa City. I might add that we applaud the city's efforts to address the whole question of the arterial street development in the nOltheast of Iowa City. One only needs to visit the whole area and walk It and drive It to recognize it has great potential to be a quite beautiful area and a velY supportive environment for residences, for businesses, basically for people. I would note that ACT has a great many people as well In the city within its employ who are beneficiaries of the lifestyle that the city represents. We think we do not harm that. We think that we add to it. We invite you to visit our campus area and look at the area and see if you do not agree that we put special attention on the quality of the land and the maintenance of It. I would suggest that we have Improved It over the years In many instances. Having applauded the larger perspective of looking at the roadways. From our perspective I might add there are a number of the options that have been laid out. We have already indicated that on numerous occasions that any number of them are perfectly acceptable from the point of view of our plannlngs. We are not hung up on a particular approach. I would say that we have fUlther Indicated and I believe evidenced our willingness to be cooperative and helpful. We have Indicated previously our willingness to provide r.o.w. for through ACT property for roads that would be built that would selve the city In an arterial street fashion. We have as well Indicated a intent and wllllngness that If _.....___ -._'.........I..._.._.._......~..,......... OI'lLn. rl'fl.1lfIII'M!lI. #4e page 17 the council deems it an appropriate action to close the Old Dubuque Road that we would do our very best to accommodate our immediate neighbors by providing a means for them to move through the campus as they conduct their farming business and the like. We would honor that commitment. We have made it publicly that we would intend to honor it in the future. And obviously there are other elements as we have looked at the vmious options that have been brought fOlward. Some including a road that would cut tlu'ough our dliveway or our parking places and we would need to rebuild parking lots and replace those. Again we have conceded and consented that we would do that in the interest of a long term plan. The short of it is that we are willing ObViously to make whatever effort we can to be helpful in that regard. Let me come to the root of the matter perhaps which is the matter of the closing of Old Dubuque Road. We understand the sensitivjty that that generates. We are not indifferent to those. We would also note however that we have, as I have mentioned, a very substantial investment already in property. We are one of the largest tax payers in Iowa City for property tax development. Surely any fUlther development would likely move us to be the largest tax payer in Iowa City. That is not significant other than to say that it is pertinent to our view of what we are attempting to accomplish. You have all seen our plan. It is involves over the long tenll commitments of building and the like that would somewhat exceed very em'ly on what is in place in the ACT property. Our view is is to make a commitment of the size and the type that we are talking about, we believe that it is reasonable for us to say that we would like to have a self contained environment for the property, for the btrlldings and for the rest. Some may disagree with that. That is our view of what we would like to see accomplished in that area. We are not inclined as we come to the route of the matter to relate the notion of future bull ding of road to the closing of Dubuque Street. The simple reason for that is that we really cannot be sure any more than you can be sure that a year from now or a year and a half from now a sitting council \IIould sustain the point of view that would be adopted at this point in time. The opportunity, the capability of simply changing one's mind, the different issues that would surface that would affect that would preclude our being able to count on a particular action in Support of our long term plan. So jn a sense we are asking obviously that you consider and _iii' "-'~-"" ,_"'w~"""____._"i_ . ,.'.__' ~ _.,......."'.......h.'... __. '-. #4e page 18 entertain our plan as we have advanced it to you previously. The assumptions that we put behind it and respectively consider that. We can live with whatever decision the council makes. We will continue to grow if the council determines not to proceed with the closing of Dubuque Road. We simply will not proceed with any further development in Iowa City. If the element is eventually that we will have a roadway that will enable ACT to grow late on we will say fine. At that particular point in time when that road is in place we will look at what our needs are at that time relative to further office space and so fOlth. And If we need space at that time and it is consistent with our long range plan then we will indeed entertain doing that. So again, this is not a heavy handed approach. It is simply saying a strictly a business issue in many respects at its simplest level. That we are in indeed an area where we need to grow. We need to have the facilities and capabilities and w will do that in a fashion that is best for the organization because it will be best for our staff and best for our people. We believe, ultimately, that growth here In Iowa City will be best for Iowa City as well. Thank you velY much. Nov/ May I ask one question before you go. You said that you had offered an option to go through your property with neighbOling farmers- f-erguson/ The Hunter family. Nov/ Have you actually made an agreement. Have they agreed to do this kind of thing. Ferguson/ I cannot speak for them. We do not have a formal wtitten agreement. What we believe tat we have said on numerous occasions before this group as well that ACT is willing to do that. To make a way for them to access and use the road. Nov/ But there hasn't been anything that Is official. f-erguson/ No and my sense of It Is that will not occur untll a final decision Is made my the council that would make that a necessmy option. Kubby / I also have a question. Could you explain a little bit why it would be unacceptable for ACT to keep Dubuque Road open until such time we have the road built so that access not only for people who lIve in that area but for people who use the public road now could have an access. Ferguson/ At the simplest level Karen, It is as I suggested a moment ago is that if we proceeded with our building. A substantial new Investment. A velY substantial investment In the area and then -. #4e page 18 on the assumption that a plan that is even at this very moment still quite ambiguous and unceltain yet to be resolved. We proceed with that and then even a year from now a new sitting council determines that it didn't like that plan and we want to keep the road open that the council has the right to reverse that decision and we simply are not prepared to operate without some assurances that actions taken and decisions made will be adhered to. That it must be a two way street which is why of course we did enter a process that involved negotiating with the city staff and the city in trying to which an agreement regarding the way that would unfold over the long tenll. I would note as well that we do believe that what ACT brought forward. We had no particular designs to push anything through any faster than It should be. We tried to follow a process that was public and clear in what we were doing. And we do think that probably what we brought fOlward was a rather unique expelience for the city in the sense that it was quite expensive as a long range plan. woking as far as 50-60 years ahead in tenns of the layout and the design. That may in and of Itself have caused some difficulties relative to the process for evaluating what has been proposed. To the extent the it is we feel a little in the middle of all of that and again regret whatever discomfort that has caused for anyone who has been in the middle of It. But a fundamentally our concem is having the assurance that what is committed to indeed is what occurs. Larson/ I just want to know is we can all call it ACT or if we all have to say A-C- T. My only question was have you made a deal to buy the road if we vacate It from the owners of Old Dubuque Road. Ferguson/ Our attorney advised us that road that proceeds through our propelty we already own. So we would choose not to buy it from ourselves. Larson/ Would you agree with me that there are other attorneys that think othelwlse. Ferguson/ I have no Idea what other attorneys think. I would note obviously there Is a lot of road there. I am speaking of the pOltion that goes tluuugh ACT property. Larson/ I don't know what portion It was It was my understanding that part of what we were vacating we would need to purchase to close. That Is incorrect, the attorney that told me that can come up find clarify that later. Thanks. '" #4e page 19 Ferguson/ Obviously if there is disagreement on that there are ways of resolving it. larson/ Thank you. Ferguson! Other questions. Thank you very much. larson/ I think the Chamber of Commerce takes positions on all of these issues now just so Balmer can come in and see us. He is like an eighth cOlmcilman. John Balmer / I want to assure you that this Is not a precursor of 1993 for me to be seeking election again. My name if John Balmer. I reside at 10 Princeton Court. I am going to wear two hats this evening. My first hat is as president of the Iowa City Area Chamber of Commerce and my second one is as local citizen. I don't think I am denied that privilege when I am here. You have in your possession, I believe, a position statement from the Chamber we took back in August. I will not spend time reading that. I will just highlight it to say to you that there were two components of that statement. One of which was to support the development of the office and research park along North Dodge Street as it Is presently zoned. And ore specifically and to the point to endorse the continued development of ACT. I think that you would agree that one of Iowa City's key corporate business. A finer one you couldn't find environmentally speaking. The second part of our statement dealt with the establishment of a time table for the extension of Scott Blvd. and the development of an east- west arterial connection between Dodge and Scott Blvd. Obviously a another key component In the contiguous development of the northeast quadrant of Iowa City. It appears now that there are those options available and with those options that we now wllJ hopefully see some good quality development. With that I would encourage you to give favorable consideration to the ACT proposal as It is before you. I don't think I need to rehash the facts about the jobs arld everything that are provided. You have all heard that. I think it is very significant to this community and the retail effect. Obviously what continued development of that area will mean to the future growth of this conullunity. Now as a citizen who resides on the east side and travels Governor and Dodge Street frequently, I think that you I am assure are aware that ultimately First Ave or some means there of is going to have to be made to Dodge Street. Because as that area continues to develop, as Ms. Mcquire says, I don't want to continue to have to go through the central part of the community either. That is myoid -. #4e page 20 area. I think it is a waste of gas, it is inconvenient, and frankly it does go through an established neighborhood. It would be nice to have that alternative to be able to circumvent that area. I think it is practical. It is reasonable. I think if you would take an origin- destination study you will find that a lot of your traffic that is conting in from Dodge Street, a great extent of it, it going to east Iowa City. As east Iowa City continues to develop there is velY little option that you have when you are going outside of Iowa City. Either you are going to go to Dodge Street and Highway #1. Dodge Street is Highway #l-it is that simple. I encourage you to give your full consideration to the development-the continued development of that arterial. First Ave. probably will develop velY soon if the property ends up residentially. I would also encourage that development because it is contiguous development. We talk abut leap frog development. This is a very good example development that is going to occur contiguous in the corporate lintits of this community. Prime development. It can be velY beautiful. I tltink the residents north of Rochester and First Ave. can attest to that. I think that area would be obviously very attractive and the minute that you provide the access you will see homes there. Thank you. Courtney I Thank you, John. Marty Kelly IMy name is Marty Kelly and I am the president of the Iowa City Area Development and I want to address a couple of things. One, my job is to go out and recruit new companies to come t the Iowa City area. The big portion of my job is to do what John mentioned a couple of meetings ago is retain the industries that we already have. To help them grow. And as John mentioned ACT is one of our velY few corporations that have their corporate headquarters here. It is a home grown industIy that has been grown in this town and presently employs at this location an equivalent of 700 full-time jobs. Their future plans as descrIbed to me show an increase of about 500 jobs over the next three years. What I took today In a velY short period of time Is I asked a professor at Iowa State University, one of our leading ultiversltles In our state, not our local university , to take the average employment against the annual payroll and come up with some statistics that support what will affect this community each hundred jobs that would come to a new service industIy which this corporation is. It would increase the population by 525 people. It would ad about $4.3 million in retail sales. There are ~.... .._.....,-,- ..-_..........__H_.'._~"'1lIIIr._._--... ..... r- --..~ u~ .. '-. #4e page 21 three or four other-an increased income to the state of Iowa of $6.6 million dollars per hundred jobs. That same affect takes place when we loose a hundred jobs. Now in some of the things that I get in my conversation with ACT and in my recruitment of new companies. Guess what, ACT is being recruited by a number of other communities because they have a growth problem. A positive problem. They are growing and so a number of other conullunities aroW1d the nation are talking to them about being in their area and offering them various and sundry incentives to move there. They are here. They have expressed a desire to stay here. They are a great company. They would like to stay here. I would like to see them stay here with your decision making process on closing that road. The other aspect of this in my involvement as a citizen in this town. I have come to know a lot of the people that work at ACT off the job. AT Little League, the church, Mercy Hospital-where ever it is in the community that I have got a chance to interface with those people tllat have been supportive of our city. And I think that If things happen on the negative side and they do go someplace else or a portion of their growth doesn't occur here some of those jobs could potentially be transferred out. And we would lose those citizens. We would also the opportunity to gain more good citizens in our cOlmnunity. Tlus little statistical analysis I put together rather than to read it all to you I am going to give it to you, Dan"el, to hand out to all of the council members. If you have any questions I can blame the professor who made it. It is a simple analysis. We have one that the Chamber has had for years that looks at industry jobs and what I have tried to do is change it to look strictly at professional jobs which are much Wgher paying in salmy on an average than at a local industJy job. Any questions. Thank you. Courtney / Thank you. Cynthia Charlton/ I live at 821 South Seventh. I just wanted to say a few words about the Dubuque Road-ACT problem. Not because I am directly involved in the neighborhood but because of it being a good example of problems that seem to keep occun"ing in various parts of city plmming mld because since there are so few neighbors out there at the moment. They can't seem to f1li this room although I noticed that they have had a lot to say tonight. tried to sort of reconstruct this after Mr. McD's comments at the beginning of the evening. With what I have seen of the discussion tonight I could only see another case of the city doing the _.-_...........,__._.f.__...._.._~~__..........._..~..._.__ --___,"'.___ ,...." ~.~. MlfIIII /14e page 22 expedient thing again. Making promises to the bigger power with little attention paid to the long range planning or the consequences of this action. Information and discussion seem to be-seems often to bypass the members of the council as well as the P /Z in some cases and pertinent questions that need to be asked and answered are very apparently often resented. I realize that the council probably has more work than a part-time council can really mange. And sometimes it seems that things never seem to get finished. However there are good reasonable questions in this case that needed and should have been asked long before this. I would like to commend Ivlr. McD for his attempt at more far sighted planning than as here before been evident. I think from a long range standpoint it makes a good attempt at moving heavier traffic further to from the area where into an area that is planned but with, as Ms. Nov. conunented, a definite plan for tlle east-west location when it becomes necessalY. I would mge, however, that some careful thought to what the impact on evelyone else in the area besides ACT will be. Although apparently ACT is providing your most pressing ultimatum. Thank you. Courtney/Thank you. Jeff larson/ I live at 2201 Dubuque Road. After the meeting last night I thought that I was going 0 come here and have to defend our homestead. But that celtainly has taken a change as John McD has presented a new proposal. I spent the whole day writing a prepared speech and it basically was and I came to the same conclusion that that was the best plan. And so rather thall belaboring all of my thoughts I will only add one to suppOltlng John's thoughts. It Is that if you do put the east-west alterial in before you put the nOlth-south road in it is going to effectively take and substitute as that road., So all of those cars coming down from the north me going to go right by ACT. That is going to Include heavy truck traffic and lots of traffic that is not going in that neighborhood now. Cause it is going 0 want to bypass Iowa City and go right over and down that road. SO that is going to defeat the pw'pose of having this nice ambiance that the nOlthside has now. All of a sudden ACT's campus is going to be a velY noisy campus. They are not going to get the affect that they wanted. So I support John's plan and I think you. John Clancy / I live on Old Dubuque Road and Highway 111. I didn't expect to be here tonight so Mr. Eble spoke on my behalf briefly. ~-_ "~MiWll ...____.....~~~_.__.~~_~__~..____..~_M_.'~"""__........_...-.,__... . --_ -.__ '-. #4e page 23 I am here so I would like to say a few words. I just got back to town a few hours ago. I was not at the meeting yesterday but I was at the meeting a week ago when the P /2 Commission and the council met. And Karin Franklin, of the Planning Division, presented the goals of this project. The first one was of course to allow the ACT-to facilitate ACT's expansion. Second one was to development an arterial system in that northeast part of the city. The third was to to disrupt property of neighbors if at all possible. I like to say a few words about each of the lhree parts of those goals. I would like to point out at the start that ACT has a lot of land out there and it was not untll tonight that I first heard an explanation from ]vir. Ferguson why they want to close Old Dubuque Road. In fact, I have always been of the opinion that they could expand whenever they wanted to because they had both the means and the land. They-it was the ACT who put in the condition that expansion would be contingent on the closing of Old Dubuque Road. In other words the people who would prevent them expanding was ACT themselves if they insisted on this particular point of view. I heard at the meeting last week, the joint working meeting of the P 12 and the council, from one of the council members that it didn't really mater why the ACT wants to close the road. I think It matters an awful lot because it has a distinct bearing on the second aspect of the goals. That is to develop an arterial system In the northeast pat1 of the city. It seems obvious to me that your search for an alternative Is a velY difficult thing. And it is difficult for a number of reasons some of which have been presented, others have not been presented. But when I look at the vat'lous options on the wall there and the third one by Mr. McD which I greatly favor. There are sLx different options now before you. But I think it would be wrong to consider that you have an arterial street system with any of these options. We have heard a lot about the extension of First Ave. Personally I think it is going to be great difficulty In extending First Ave as an arterial street. I have heard one of the council members say at that meeting a week ago that the opposition from the south end near Rochester or the residents on First Ave would be far more Intense than the opposition put before you by the residents on Kirkwood Ave. Now there is a second aspect. I have lived In that area for over thirty years and it is a system of ridges and ravines. Right by my house, ten feet from where we drive there is a 70 foot drop. Old Dubuque Road comes down on the other side ten :.-..----... -.. #4e page 24 feet off the highway you still have a 70 foot drop. Now if you start messing with roads and enla.rging them you are going to interfere with the drainage. You are going to have salt running into those ravines. Before you know what happens, the vegetation will have disappeared and you are looking at mud slides. Now those of you who are familiar with Highway #1 know that there are at least four or five spots in that road that continually demand rock evelY year. Tons and tons of rock have to be put in there just to maintain the road. It is almost a rock around the clock situation. And I thjnk before you proceed and this is why Mr. McD's proposal is by far the most farseeing into the future. You are going to have to deal with an en0I1110US number of mechanical and engineeIing tangibles. The third point has to do with not disrupting the neighbors properties. Some of these options wipe out the Gatens and Jeff l.arson. I am sure that it is not conducive to sleep for anybody either ,^1ves or children or husbands if you have to listen to an 18 wheel changing gears outside yaw" window which is velY likely to occur if you put in this east-west road. Which brings me to a point. At about 15-20 years ago the late Jim Shive of Shive HattelY came to me and he sald that I have acquired some land over there where we have our offices and we would like to develop it. Do you have any input. Do you think would any of our neighbors have any concerns. Do you think the Mosses who have a daily farm be interested In getting together. Well, Eldon Moss set up a luncheon and Jim Shive and his engineers and a member of the City Planning came and he sat down with the neighhors and this was the time when you weren't notified of what was going to happen by a fax machine or by a cellular telephone or some other computerized mailing. You were sitting and talking face to face with people. You knew what the man was saying and you could measure. We were able to settle and make arrangement for an agreement which never was opposed here before the council. Where Jim Shive went ahead with his development on the basis of a handshake. We honored his agreement and I think it is time for something like that again. The ACT when they wanted to pave the road around our house came to see me and they came to see Charlie Eble and the neighbors. They said do you have nay concerns. We said we had. They told me we would like to take a corner of your property because we have to do something about drainage. I said what am I going to get In retUl11. They say you wanted to pay for the road. ...............-...-..,~_..._..._~...,_--.._._*- ~.--- -_.........~-......II. .........__~...._~__~~ #4e page 25 I said fine. Deal is done. It is time for that again. Thank you vel)' much. William Meardon/The issue here is obviously whether the closing of this road is necessary. I think plainly stated that is the issue. That is an issue that I cannot voice and opinion other than from what I have heard, from what I have read and seen. I have some questions further about the ability of a council to close a road. Number one for a private institution. Number two other than urban renewal which is specifically allowed under Chapter 403 of the Code. NlUnber two, what about my clients, the Hunter family. I happen to be representing what was then the Iowa Highway Commission when 1.80 was constructed in Johnson County. This was a very road that cause all kinds of litigation. At that time Don Hunter was my adversal)'. Well I am familiar with the promises and with what the Hunter family was told at that time about having their access to the highway to the west. That was an important factor. There were other people. The Furmeisters, Krals, all of these people were also involved. I would like to submit an answer to Randy's question about whether, I think it was your question, if you can close a road if someone owns it or do you have to buy it. I think that the law is and you have an extremely competent young lady here. You noticed I said young ..',' ........ Unda. To answer hat question. But 1 think the answer is that if :11.(~~J~l> ~]~];f~~~~EE;]~ E~~~~~t "'\.'#r.i~'Jlk,'""" .,..1 . the municipallty, meaning the county or the city has, is an ;t"~'"' "'W)~;'i{t;~,~;:;\j' ~~~~~~~~\h~~~;~I:':~~~~~~~~~n%iit~a~~~~~I~~~~~l~s !~~ii;li::. afd i>' ';', ',,' "~I think the fee title to the land that ACT has that they bought }, ~\;,';r:,':,::r:1 ' outIight is in that entity that is in ACT. But r think that may not ;1:' ' . :~<\'::I':' be the case on all the area that we are talking about there because ~tl;:~11:" :'," '," . Idon't think that they own all of the area which is adjacent on ~,ji\WI':'i, ,I' '..... .... b.O.t.h.. sides of the road. That is just a gratuitous thing Randy. But I ~';\ij;!,~",', '::, ...., am not gOhlg to charge you for it. ',. /'/:ii:";:{:\''i'',:larson/ I guarantee you that r can't afford you Bill. Vt"g":'."',;.<i.:..: "''': i",",':.'.,' .' ""', ':.' ,". ~Jiii;';':,;:i"\i::!;;,"i1...1eardon/ And it is probably worth just about what you are paying. Wi::i\(;;!;;.:;>:i;ii))":):>No~just a little bit of information about my client. They own ,", 'u~i;:?#,;,;+;::!\,'i;:\~!:$qO:600 acres of land north of the interstate. They own r think ~>ilWi!,W;;!,W;f:~::;:;i?1.9'aCl:esor use SlO acres, fann that, south of the interstate. This , ,~~1::'~ff?;'t~Jtfi1i!j!\:r;{::;{:?,0 .... . , 1:1,..lJ~~'llt<~\{'~\!i:fh:';:";"~""':";"~i/:' I -: "::' . f.j:'i~~)Pi\\;:~I:~;'~~:;/';(; '!'I_,:'; I,:, .::' . 'R'~\~~l ''''''';;''}!''j. i; I. ,..,' J "_.', ,.j, .: ~~I_~~---~_c-<_ . ."....~....,~-~-- '-- , """',;/,;'::";'.:".: ",""i, , , , I ! , i I , I I I I i )'0_...._....._._._. ._... #4e page 26 linkage for the road to Solon is vital to them. It is vital in the sense that they haul hay, corn, beans, use farm machinelY and things of that nature to use this road. Now I appreciate what has been said here tonight about we want to make some aJTangements for the Hunter family. My though to you Is this. That this road should not be closed In any event unless you have evidence of that arrangement in wlitlng. I am not faulting Mr. Ferguson or ACT or anyone else. But this Is the plinciple user of that road. They had the road in effect taken from them when the interstate went there. They certainly are entitled to this consideration. Thank you. Courtney/Any other public discussion on this item. Karr/ lvlr. Mayor, would you like to accept coJTespondence received tonight from the Iowa City Press Citizen and ICAD group Into the record. Courtney/Moved and seconded(Ambr/Nov) to accept the correspondence received tonight into the record. Discussion. All in favor (ayes) Motion passes. Any other discussion on this Item. GentlY/ Your honor, if- Bill, I would like to-is there anyone else going to speak on this. I have a question for Bill. COllltney / lvUke, would you be willing to let Bill answer a question for Unda before you start. Gently/His clock is still running. I represent the public. Could I have your response to Jolm McD's proposal. Meardon/ As a citlzen- Gently / I realize that you haven't had a chance to talk with your client about it so you can tell me If it Is premature if you would like. Meardon/ Okay. It is premature. You know, I haven't seen this. I know John and respect him. I obviously was carefully disappointed when Scoot Blvd, didn't go straight up by the road. Gently/We all know why that happened. Meardon/ You know it may be that the Is an answer. My sole consideration at this stage is to see that Hunters have access to the highway CHANGE TAPE TO REEL 92-93 SIDE 1 .--...-----...---....- -..-..-.....-..-......--... 1.,.--.~._1' !l:lll. .___~ " :." ,",':'.':1'."_':> ',I;' """",i", " '" ~~ji~~;r> ., ":"":!I!fr.\'i:"M-tI~:}:'\!\";~i.:,"i:,i" I ',....'''.''131[f''..'.1 i< ' , )rb;~~;:~)i'i ,,'.', " u.)','\'.',..L-" ~tI2'i.\.):..::,." .',: '. ;N':I[',,~, ", '.___..~___" ;,ry;d.(:.::/;::';~).:.::':.... : ;":" '. ' , ~Wi~~h"!'" ,',."", .. . , #4e page 27 Ivlike Gatens/ 2045 Dubuque Road. I thought I'd be a little remiss to not come up here and say something since this has been a big part of my life for the last three months. I've been dreaming about Dubuque Road. I just want to make a few statements. One, John's proposal, I think, if you would poll the people out in the nOltheast area, you would get a velY high percentage of agreement with John's proposal. And I think John realizes this is not a new proposal. I remember my father talking about this 20 years ago with Neal Berlin about the future of Iowa City and expansion out on the northeast side. And the other thing I want to mention is communication. I've mentioned this before, and I just think it's been horrible. The city council isn't responsible for it, but you open up the paper on a Friday night and you see your 12 acres that you own completely bisected. On the front page of the Press-Citizen, the first time you ever see that. How would each of you feel like if you saw that for the first time? I've had to invite pmt of city staff up to my home to show them altematives for this arterial road. Don Flores had invited city staff to their offices to come up, and why doesn't city staff call us, like John Clancy said? Is there something wrong with the 10 or 15 people that live up there? We'll sit down and talk with people. And that's what we're asking. For conllllunication. I would like the city offices to callus sometimes too. It just fioors, you know Don Flores and I talked about that today. we just don't understand what you're afraid of to sit down and talk to us about these things. We're open minded, we can, these five ideas that you have here, I'li point out right now the one that's completely destroys my father's property and business that's been in his family for 60 years. He's vehemently agalnst it and will fight it until the end. But I think that If we sit down with the Larsons, we sit down with Don Flores, we sit down with ACT, who I want to mention is a great neighbor, they're a great company for Iowa City. They're a great neighbor. I encourage their expansion. And I acknowledge them as wonderful asset to Iowa City. McD/ Mike, can I respond to you for just a momenU Gatensl Yeah, I'm about done. McDI Do you care? Well, go ahead and finish. I just wanted to respond to a couple of things that you said. Gatensl Well, one of the things that offends me a little bit when you talk about communication. Obviously when we go through one of ..."."..~",. ... . -.....--"...-----..--....- .~_..... -- -....-,-~_...... .-- -- IIIrltlt~_,__~ '.. #4e page 28 these things, is everything always perfect? Probably not. Is that, I'm sure some errors are made somewhere along the line. But one of the things that happens is that, now you were at joint meetings with the council and P/Z, The proposals that were put forth at that particular time. You saw them the night that we saw them. This wasn't something that we had been, that staff had packaged together for us and sent to all of us before this meeting. This was, staff was given a direction to come up with proposals which they did. The two. Gatensl What I'm asking John is why don't they come to us and talk to us about all the plans and proposals before? McOI Okay. this is what would happen, Mike. Say they come to you, and I mean they're presented at the same time. I mean they're tried to be presented at the same time. Maybe they tIy to give it to us a little bit earlier tllen what they might give it to you. Say they came out and they laid four or five proP05<lls around proposals around the table and you had a discussion about tlus. Okay, you liked one out of tile four, you didn't like any out of the four. You get on the telephone and start calling us. We don't have any idea what you're talking about. We haven't seen anything. We're bewildered. So I mean the first responsibility when they're directed by council to come up with certain proposals. That's what they're supposed to do to present to us at the same time. Hopefully there can be some short peliod of time if it can't happen automatically that we all receive things at the same time. The people involved should be getting them at the same time. But it wouldn't really do you any good. You wouldn't be In any better shape than if you received all of this before we had received any of It. Gatensl I'm not asking for that, John. McOI But I'm just saying, Mike that there's no conspiracy going on. Gatensl No, I know there isn't. This is Iowa City. I know there's no conspiracy. Don Hores will tell you that he was shocked about a lot of these things too, that were brought forth and r think that one of the Ideas was mine when I had Chuck Schmadeke out to our property and the Press-Citlzen's, and shOWing them a different route, and all of a sudden it becomes alternate E. And the Press-Citizen Is aware of it three days ago. Doesn't have much time to respond to it. Which happened to evelybody on Dubuque Road. Novl We learned about It the same day. ."-'~""'""""'..,.. . ..__w_..........._..,............... ....___..,...___-.._....._..~~~_....._... -~ IIU:..... --Y-_M_ '.. I l..._,.._..._._.., , #4e page 29 Gatensl Pardon? Novl I say, we were aware of it the same day. We didn't know about it anytime before he did or anytime before it was in the paper. You knew about it before we did in that instance. Gatensl I came up with the idea, Naomi. Novl That's what I'm saying. COllItney I Why didn't you call and tell us, Mike? Gatensl What? Courtney I Why didn't you call and tell us? Gatensl What I'm hying to get to, and bottom line, Jolm, what I'm hying to get to, is let's get the people together out there. If we're going to put some roads through and don't get !vUke and Don Gatens alone. get the larsons, ACT, Jolm Clancy, the Press,Citizen together and talk about it. Nobody from the city staff has ever called me. Nobody has ever called Jeff larson or John Clancy. Or I don't think Don Flores in fact. he called them and had them out. We would just like somebody to callus and say, Hey, let's get together as John Clancy said. You know, ACT when they paved the road, that was a wonderful think. We have 700 feet of frontage. They said, we'll pave a road for you. They said fine. They laid it on the table and it was a done deal. That's all we're asking for is a little bit betler communication and I think it would do away with having to call John McD, Susan I.Im'ow, Bill Ambr, each and evelY one of you individually. If we all got together and talked to city staff who's supposed to be making these decision's for you anyway. McD/ No, they make proposals. They don't make the decisions. Gatensl That's right. You make the decisions. McD/ Their function is to put the proposals together. larson! That's just called a Freudian slip. Gatensl Well, thank you anyway. I just hope there can be some open communication on this and that again John's idea of Scott Blvd. across the interstate shows a lot of foresight for future growth in Iowa City and then let the developers develop these roads according to your plans and the city's plans. Kubby / Although people who live in that area have to remember that some of the options may be the far easterly part of that east west or far westerly part of that plan. So it may be that even though you might like the Scott Blvd. for know, You might lIOt like the effect as it goes across to the west. It may be one of - . -.. ...-..... ..._..-,_._._ _......M_._ ___\ol~M_'~ r .11\ U'l>lIIQlJ\f ..... '.. I! -+e page 30 those that goes through your home or go through or dissect your property. Those are the beginnings of that. Larson/ Then let's get to deliberating. Courtney / Any other public input on this item? Downer/ !vIr. Mayor and member of the city council I am Bob Downer and I am appearing before you this evening I think for the first time In my 29 years of practice of law strictly as a private citizen not representing any civic organization and not representing any private client. But I would like to say two tllings velY briefly. I hope that this council will do evelything within its power to accommodate this fine business that we have within our community. I can think of vel)' few operations that could be obtained anywhere for location in this community that would contlibute as much as ACT. Many of these attributes have been already desClibed to you and I won't prolong this discussion by reiterating that. But I for one as a private citizen who has no ax to grand in this at all would just like to say to Dr. Ferguson and to the other people at ACT and to this council I hope that conditions are created in this community for you to grow and prosper here as you desire to do. This is a tremendous thing for this community. The other thing that I would like to state and it has been addressed on here briefly here tonight. The in this discussion of these roadways, please do not ignore public safety considerations. We have seen on the extension of Scott Blvd. over many many years numerous sedous accidents including fatalities. As our community continues to grow we are going to have increasing traffic problems. It is going to force more traffic onto this highly unsafe road and there are going to be further accidents as a result form it. This can be avoided to a velY substantial extent if that roadway is Improved. I think John has come up with a velY creative plan here and I hope that something along those lines is adopted while making certain that the needs of ACT and other property owners in the area are accommodated. One last thing that r would mention. And the comment was made with regard to a urban renewal area earlier this evening. I would encourage that you not ignore the benefits that might be delived from designating this are as an urban renewal area through ta'\ Increment financing and other ways in which the financing of he improvements that are being proposed here could be carried off In a vety advantageous basis in so far as the city is concerned. Thank you very much. . ... _ ____ A.._A.".......,~..__ft..~_..___._.._"_...__ -.......-~...- .--- ....-. II ~ I I I , -, #4e page 31 Courtney! Thanks, Bob. Larson! Bob, I might point out that In the package of options that staff gave us for paying for any of these arteIial streets that was one of the options suggested and we decided that some combinations of the options presented would be likely and that we didn't have to decide that at this point. CotUtney! We don't want to give Jolm credit for being too creative on this. This idea has been kicked around for 20 years. Nov! John has been here that long... Courtney! Any more public input on this item. I close the p.. . ..\ -, #4 f. page 1 Courtneyl !\'loved by Ambr, seconded by Horow. Discussion. Larson/ Darrel. I was one of the two votes against the vacation when it first came up because I felt like it wasn't right to take away access. Not only to the neighbors but also to the many people that use that road daily without any guarantee of replacement access. I still feel that way. My second reason for that vote was because I didn't agree with ACT's judgment that e;'<pansion had to have a close campus to go forward. Just a value judgment that I felt that their expansion was so important and so good for them that it could be done with that 20 foot wide stretch of sidewalk, which is what it is, 99.9% of the day being open rather than close. I don't disagree with ACT's judgment. I just don't share in it and I don't disagree with the right to make that judgment. I just don't share in it. I am going to vote In favor of the vacation because of this council's commitment to provide replacement access for Old Dubuque Road. I am happy that the joint meeting with P/Z and the whole discussion of the options has provided that result and that is why I feel like I can change my vote without any contradiction. Nov/ I would like to add to that that we want an agreement with ACT and the Hunters to provide some access during the inteIim before we have a new road and the new road should create some help for the Hunters, It should be easier than the Old Dubuque Road eventually. But until then we really need to have that agreement. Larson/ I don't think it is incumbent on any of us to say which of these options that we prefer at this time. We've expressed earlier some discussion about that. I think Mike Gaten's comments are weli taken that when we do make that decision. When we do decide how much we are going to require in tenus of 1'.0.1'.'. dedication for any east-west road whether it be at1eriai or collector. I think that is the right process. That we get people together and we find out what evelybody's perspective Is and we get more information and that ACT's expansion plans, I think, took this out of the normal process and I hope that we can have enough time to do things in the neighborly Iowa way and make a good decision based on all the infonuatlon. McD/ I am in favor of proceeding and voting favorably and giving this first consideration. I do think that there has been, as Randy stated, a commitment by this cotll1cll that this issue is going to be addressed in that area. I think that we need to review some of .............._.....__....... _"'_R ~_~,_~.........._~.........__....-...___'_IU__ --. !'/MM'Il~lf h"lt1rll #4 f. page 2 the things that we have-that have been presented to us. I think that we have some time in the next few weeks to explore some of those more fully to digest them and make a final decision as to what direction that we are going to go in. But I do think that this particular company, this particular corporation is an asset to Iowa City. In looking in the long range and what is best overall for the community. You don't-most communities don't have an OPP0l1unity to have this type of 'clean industlY' that so many cities seek any more as we are fortunate to have. Since they have chosen to do their expansion here, if at all possible, and I think it is possible to accommodate their expansion and still maintain orderly type of growth without major disruption, I think we have a responsibility to do that. In these economic times there are so many comnumities around the colmtry hurting. I think that we are fortunate that we are in a position that there are companies within our city limits that are considering expansion and creating new jobs. This is a concern that is velY serious across the company and we have an opportunity to act in a positive manner. Ambr/ Darrel, I voted quite strongly for the vacation on the onset and I certainly intend to do so again tonight. All of lIS really have pangs of mixed emotions whenever we are forced to be in a position of making a decision which gives the appearance of pitting an individual homestead against a corporate entity. I said in my explanation to you several weeks ago I also consider the ACT people as a group of families that have equal lights as each of you. And the velY last thing in the world that I want to be put into a position to make a decision which is bisecting anybocly's homestead. That is the furtherest thing from my lnind. I certainly endorse the possibility of extending Scott Blvd. to the interstate or over it. Whatever is the most acceptable by IDOT, our planners. Can we pay for it. All the reasons are vel}' sound and velY good and I really think that our transportation planner will be able to come up with some state or federal funding to help out on this project because it is directly related to creating new jobs and helps our overall economy. So I will certainly vote in the affirmative again. Horow/ I intend to vote in the affirmative. This has been one situation where it has been almost an exciting puzzle to look at and day by day the pieces have fit into place for me. Almost three dimensional. Once P/Z challenged us It seemed to me it was a paradigm in terms of looking at the whole n0l1heast quadrant. #4 f. page 3 The velY next evening after the discussion we had with PIZ Commission I attended the Horace Mann PTA meeting at which our traffic engineer was really challenged to come up with some sort of solution to the increasing impact on North Dodge Street. And I sat there and I thought you know is only you all could see the connection. I agree totally with Mr. Byer on this. I think N0l1h Dodge as Highway #1 does need to be looked at over the next 10-20-30 years and that transportation needs to offer choices to people. Be it from Highway #1 down Scott Blvd. or in the future Highway #1 past ACT and over an east-west road. But those choices then are for ietting people get from the n0l1h to the south and cel1ainly to tty to decrease the impact on the established north end, the Goosetown area and then tt"aveling even down to Kirkwood. I had to get that in one way or the other. I really appreciate John's blinging this up tonight. I had though about this as well. I would like to see the completion of Scott Blvd. over 1-80. I would also like to challenge the Chamber of Commerce in temlS of going along out on 1-80 and haVing the lOOT make signs out there that indicate that the preferred tl1lck route is on the Herbert Hoover Road> Local Road. Scott Blvd. I think that too is a piece of this puzzle to let people know going from east to west that there are different ways of getting into Iowa City depending upon where you want to go. Thank you for listening but that is why I am voting yes. larson! We don't have to wait 20-30 years to change Highway #1, do we. Horow/ Hope not. Nov/ I think we all hope not. We have to add one more comment to this. The road that we are talking about closing is not what anyone would call a safe road. And I have real concel11S about leaving it open and then increasing development in that area and increasing traffic in that area. So I think closing it and building a safer road nOI1h-south-east-west where ever it is going to be good for the conuuunity and because we are dealing with an area that does have ravines I have great sympathy for the classic comments. We need to consider pre-zoning this as a planned development area. Kubby/ Yeah. There are a lot of areas In town that we would like to do that to. Nov/ Yes. If this is going to be encouraged to be developed I think it is time to start thinking about that. __._~__"''''''''__-","!___T _ ~ ---...-..............--.......-........-....-.-.......---.____.,....__- 114 f. page 4 Kubby / I am going to be in the minority here which is not an unusual position for me. I am going to be voting no on the vacation. And it has nothing to do with my desire to have ACT not have jobs. That is not one of my desires. I agree with Randy but I just don't agree that they can't expand. I think that they can expand with the current plan and have the road stay open. That is a decision that they are making that I don't quite understand yet. I have asked the question a lot-why can't you do it and the answer I figure out is that they just don't want to choose to do it any other way. And so in essence when Mayor Courtney said at the joint meeting with P/z that it is a fact that they won't expand. What we are doing, in my point of view, to give ACT a lot of power. And if we are going to choose to give away that kind of power then I think we need to make sure that we are getting some things in exchange for that give away of power. I think that there are some accommodations that could be made. For example, keeping Dubuque Road open. Planning the sequence of their expansion so that the road can stay open until we get a chance to get the roadways figured out, planned, designed, and built. Some of the things that are going to end up happening when Dubuque Road gets closed and we start this arterial planning is that we are kind of putting ahead a plan for this. This is not something that is a new idea, We have talked about doing it but it just hasn't been in our game plan this early In the season, so to speak. And we are going to have to do things more quickly which means the city only has X amount of money to put new roads and new sewers in. If we spend money to put new roads in on the northeast side of town, we are going to have to shift the pace of development somewhere else because of our budget. We have a limited budget. I haven't heard anyone on council talk about where they are wllling to say no to development in order to accommodate the facilitation of development in the northeast. Whether we go options A, B, C, D, E or John's of F. I think that faclIltation is going to be there even if we do just Scott. Blvd. The other thing that we haven't looked at is our CIP. When we do these things we plan them in advance, We have already three years in advance. What are we going to put on the back burner in order to do tltis. Because we haven't made that decision I don't feel like I can say yes to the closing of Dubuque Road until those decisions are made. If ACT would say that they would keep the road open until we can figure this out, that would be a wonderful thing and I would _.~__._,..._"AO____8_.'.'_~"*~_~'_'''_'''''~_''''__''___._ Mlo,UJ. J 1______ ~_~_~__~ #4 f page 5 vote yes for the vacation with that caveat. But since they said tonight that that wasn't possible, then my decision is to vote no for the vacation of Dubuque Road. Courtney I I think if you go back to my conUllents on our last vote on this and the agreement. The closing comment was that it was time to get Scott Blvd. completed. It has been in the works for so many years. I had at that time no visions of whatsoever of an east-west arterial collector or any kind of street. Those ideas didn't necessarily originate with the council as ideas originated from the position that P IZ C011lluission took on this particular issue. And I have heard some pretty negative comments from some people in the community on P/Z about the position that they took and not following any role of the council. And I would submit that P/Z's role in this thing was velY important. Their charge is to plan for the community, advise us on planning for streets, sewers, subdivisions, zoning items, comprehensive plans. That is what we appoint them to do and that is what they did in this case. They pointed out that we were leaving something out of this whole process. We were leaving out the fact that we needed some planning in the northeast quadrant and I, for one, appreciate the role that they played in this. But that is where this whole east-west m1erial really staJ'ted from. I go back to the council's role is more than that. The council takes on a role of not only planning financially streets and sewers and all the things that PIZ does but also we need to take an up front role in economic development in town. To me that overrides the fact that we don't currently have a street in place to CaJ'IY the 500 and some cars that are going to not be allowed to go on Dubuque Road anymore. I still believe what I said at the last vote. That it has been a long time coming. Over twenty yem's. Scott Blvd. needs to be finished. It Is as important for an east-west bypass as Highway #6 was when it originally started as a bypass. I suspect that someday we will be talking about Scott Blvd. as no longer a bypass then it needs to be moved fm1her east. But those comments that I made then are still valid to me and I applaud ACT for choosing Iowa City as to remain their corporate headquarters and expand here. Any further discussion. Roll call- The ordinance passes first consideration, Kubby voting no. ~-""--"-_.~""'-""'-"'''''''''''''''''''-~.~'--'-'''',-''''''------''~..."... ._---.._---~ '.. Agenda Iowa City City Council October 13, 1992 Page 7 g. Public hearing on an ordinance amending the Zoning Ordinance by changing the use regulations of approximately five acres of land located at 1301 Sheridan Avenue in Iowa City, Iowa, from 1.1, General Industrial, to RS.8, Medium Density Single-Family Residential. (REZ 92-0011 ) Comment: At its September 3, 1992, meeling, tile 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 Neighborhood Association to rezone an approximate five acre portion of the ADS site located at 1301 Sheridan Avenue from 1.1 to RS.8. The Commission's recommendation is consistent with the staff recommenda. tion included in the staff report dated August 20, 1992. This hearing has been continued from the Council's September 15, 1992, meeting. Action: Ju. . ~: li, rJ7/, IIn,AgJ (dA/t7-'7'//M/ ..<Pw~ h P bl,l\'!h /'yr-H~. dl W~h I 1!i61 '~I ''',.)dl P.d~l t-{oh' "Cl.v atR.f4l.L . U ,c eanng on an or nance vacating tea ey ocate a Jacen to t e east ~ ' side of 410 Reno Street. (V AC 92.0003) Comment: At ils September 3, 1992, meeting, by a vote of 4.2 (Cooper and Slarr voting no), Ihe Planning and Zoning Commission recommended denial of the request to vacate the north.south alley located easl of 410 Reno Street. The Commission's recommendation is inconsistent with the staff recommendation included In the report dated September 3, 1992, Action: ~(/J~) i. Public hearing on an ordinance amending Chapter 36 of the Code of Ordinances of Iowa City, Iowa, entitled "Zoning" by adopting regulations permitting non. required off.street parking on a separate lot within commercial and industrial zones. Comment: At lIS September 17, 1992, meeting, by a vote of 5.0, Ihe Planning and Zoning Commission recommended approval of the proposed amendment to allow non.recuired parking spaces on a separate lot. Heretofore, the Zoning Ordinance only permitted recuired parking spaces 10 be located on a separate lot. The Commission's recommendallon Is consistent with the staff recommendation Included in a ,memorandum dated September 17,1992. Action: JiM1/irM ~~~4/~Pdgdr tJj ...~~~ ~;/>;u!1tf ___"_",._"_""~,_,,,,,__,,,,_,_~"'~_____4'" M.... ~._~_--.... ~. #4g page 1 Courtney /1 would like to reopen the p.. Nov/ Can we ask that some of the backgrOtmd comments move outside. We are having trouble hearing. Kubby/ Maybe before someone speaks could we have a review of what the requested schedule for the process is because there might be some comments also about that. I can't find my memo that outlines what was requested by the property owners. Franklin/ The request that was submitted to you in a letter from Bob Downer on behalf of ADS was to have the p.. tonight and the first consideration on October 27th and waive the second consideration and have final passage of the rezoning request on November 10th. Kubby/ And why collapse. Franklin/ I think that was in consideration of the fact that ADS is making this request for rezoning and the request for this pa11icular schedule is from ADS is in recognition of the Neighborhood Association who did make the application to get it done essentially on the same schedule that would occur if first consideration were to happen tonight. Kubby/ Usually when we continue a p.. we also vote the same night a that- Franklin/ The first consideration. Normally you would have had first consideration on tonight. The letter came form Mr. Downer. A letter was also submitted by Mr. Poula or Jim O'Brien making some statements about not esatblishing manufacturing between the closing date of October 31 and the final vote on November 10. The Neighbor Association has been applised of this schedule and with the letter from Mr. O'Brien is believe is relatively comfo11able with tIus schedule but I will let them speak for themselves. Nov/ Just for the record, the letter we got was from David Pouia. Franklin/ Okay. I am sorry, I wasn't sure who signed it. Gently/ And I have a message from Mr. Poula to pass onto you. I Invited him tOlught and he said that Mr. O'Brien was tired of paying his attorney fees so I should pass on the message that Mr. O'Brien has no Interest in using that property after the 31st for anything commercial or Industrial.. He only wants to use it for residential as soon as ADS abandons the property. larson/ This was my question last night. That In his letter he said that he would make no attempt to establish any manufacttlling use. One of the residents has asked me to confirm on the record #4g page 2 that they weren't going to tlY to establish any other use other than residential that might be. gentJy / the is correct. Kubby / This is a real change from what had occurred last time. I mean in tenus of- Gently / No. Not the last time. Kubby / Of what the use of the property would be is- Gentry / I think it is a change from four weeks ago. It is not a change from the last time we discussed this. Kubby / (can't hear) Nov/ I have one more question for clarification before we get started. The approximately five acre portion, is this the entire portion of the ADS property. I mean the entire plot. There isn't anything set aside. Gently/ADS is leasing back the building. Franklin! Currently ADS owns approximately seven acres, approximately two of which are zoned RS-8 and the other is zoned I-I. So I think the reference to tlle five acres refers to the Industrial zoning. Larson/ It makes the whole site RSV-8. Nov/ Right. This is what I wanted to be sure we are doing. Courtney/Now you can come back as an attomey. Robert Downer/ It may be another 29 years before I come in in any other capacity. fur the record, I am Bob Downer. I am here this evenIng representing ADS. The council has before it a letter which as Kalin has indicated requests a scheduled to be adopted in connection with consideration of this matter. And I certainly respect and agree with the comment that was made with regard to the changes that have occUlTed in connection with this. In large part those changes on the pmt of ADS have come about as a result of the increasing celtainty that ADS has that the sale that had been negotiated some months ago is going to come about. As was mentioned in the letter there were a great many contingencies In connection with the purchase agreement. Those contingencies have gradually fallen by the wayside. And there m'e now no unmet contIngencies in the purchase agreement. }\ssuming that the purchase agreement is perfonned as agreed as of October 31 this property will have a new owner. And ADS is perfectly content with an R)-8 zoning on the property if the property is occupying the property as a tenant. [ do have at this time [ just receive It yesterday-today [ guess it was-the lease on -, #4g. page 3 the property that has been negotiated. This provides for a tenancy that under the present an-angement would expire on 31 December 1993. The property to be leased represents a three bay storage facility. The 60 by 300 foot structure, plus two acres. So the balance of the propel1y will not be used by ADS once this sale transaction takes piace. Then under the lease aITangement ADS would vacate the property in its entirety as of December 31, 1993. Now I will not state and cannot state that that lease an-angement might not be renegotiated or renewed but I can state as is indicated in the letter that if this sale takes place and ADS is a tenant after October 31 it will not attempt to resume manufactUling operations on that propel1y. If there are any other questions with regard to the ietter or any other aspect of this letter I would be happy to respond. Thank you. COLU'tney / Thank you. Gently / I see Mr. O'Brien is here if he wants to answer any questions. Courtney / Any other public comment on this item. Barbara Ludke/ I live at 1122 Sheridan Ave. The Longfellow Neighborhood Association continues to strongly believe that the best use of the seven acre parcel of land located at 1301 Sheridan Ave. is iow to medium density, single family housing. We therefore request that the city council vote unanimously to rezone this propel1y RS-B. We also are willing to work with all parties to facilitate the council's decision making process and to ensure that the future use of this property is consistent with the values and character of our Longfellow neighborhood. Thank you. larson/ Just to make sure that I understand all of this legal talk. There isn't any longer any objection to our rezoning this just the neighbors don't all feel like they have to make their impassionate pleas, again. This is I take it a done deal. gentlY / Well, the protest will remain on the books until after the sale. To protect ADS. larson/ I don't mean to contradict Bob's letter but so long as the sale goes through we can kind of put your objection on hold until after that happens. Downer/ That is correct but I would like to the'rerord to be absolutely clear that as I attempted to state in the letter that if this sale does not close for any reason, ADS intends to continue its objections to the rezoning. [would say that there is a statistically #4g page 4 insignificant possibility that that will occur. But the objections will not be withdrawn in that event until the closing takes place. Nov/ We should also clarify for the general public that if the objection stands it requires a super majority on the part of the council to rezone. Courtney / So the first vote on the 27th will require the super majority because your closing wili not have taken place. Gently/Right. Downer/ That is COITect. Courtney / And your objection will stand until after the-until the vote on the 10th. We are scheduled for the 27th and the 10th. It has been indicated that there will be a collapse of the readings on the 10th. That is not mandatOlY on our part. We have to vote on collapsing just because that lUay be the intent. That also takes a 6-1 super majority to collapse the vote. So that mayor may not happen. The chances are pretty slim but I don't represent a vote of the council or anyone representing the vote of the council ahead of time that we will definitely collapse because it has to be an official vote that night to collapse. I think you will probably hear one of those before the night is over tonight. Larson/ I was merely hying to reassure the public that this was a little different than it looked at the beginning where it was going to be a battle between business and the neighborhood and it Isn't that way. Courtney/Things have come together nicely I would say. But I just heard two or three people kind of saying there would definitely be a collapse that night. Nov/ It was a request. A proposal for collapse. Courtney / Any other public input on this Item. Roberta Patrick/ 515 Oakland. I think that you all received a velY lengthy letter fonn me. One letter that I had addressed to the P/Z Commission and the other one that I purposely addressed to you. I hope that you will consider all 01' the points that I made in that letter and follow t1u'ough with our request to rezone this property. Thank you. Courtney / Any other public comment on this item. Nov/ Before we close we have some correspondence. I would like to have those in the record as part of the public hearing. We did get some new ones at home..Sally Hartman..jane Walker and we might also consider adding in the letter from Bob Downer ancl .,. ".A_ ___ ~._,_. --~........-_..._---",,- ..._-~, ,. , I . , -. #4g page 5 David Paula which are in the packet. They could be accepted as part of the p.h. Courtney/ Motion and second (Nov/McD) to accept all the correspondence on this item. Discussion. All in favor (ayes) Motion passes. Close the p.h. '-. #4h page 1 Courtney / I would like to open the p.h. on this item. Jim Jensen/I live at 410 Reno Street. Jimbo is comct. I would just like to read this letter that my wife mostly drew up that you have all seen. I wi11make it short. (reads letter). We hope that you agree with this tonight. Thank you. Horow/ What is this assessment for this property. Of or there. Gently/It Is not assessed if it is city property. Horow/ It is assessed if it is vacated. Okay. Karl Klaus/ 416 Reno Street. I am Jim's neighbor directly to the north. I have lived in the city for 30 years and at this residence with my wife now for the past 22 years. I think you have in your files a copy of a letter I wrote registering my concerns about Jim's request to vacate the alley. What I would like to to do here to begin with is just to give you a very brief histOlY of tile previous closings of portions of this alley since, as he has appropriately said, he only wants to have the same consideration given to him regarding tile vacation of a portion of tile alley that we had given to us and the Menaries had given to them when we requested that portIons of the alley abutting our property be vacated. When these previous closings took place one of the impOltant differences between them and this one was tl1at those closings did not adversely affect any of the neighbors. Any of their access to their property. So in contrast to tllis request, no one objected to those closings. Where as in this case separate families all abutting the alley in question have concerns about it wllich were voiced at the commission's meeting in September in which I suspect will be voiced by them tonight. In the previous case the request to vacate was made by my wife and I and by the Menarles in order to stop hot rodding motorcycles from using those portions of the alley as an entry to tl'espass upon our propelty and the Menaries property. And our other reason for requesting the vacation of those portions of the alley was to stop the destructive affects of the city garbage trucks which were driving over our flower beds and turf while using the alley as a quick short cut on their pickup routes. One spring, for example, they ran over a 40 CHANGE TAPE TO REEL 92,93 SIDE 2 Another spring the wheels of those trucks slipped out of the alley and made simply enormous gaps in our lawns. Ruts In the lawn _ ....,___~_w'_.,...'_...__...__.~._.._.,.,~___......__ ..__'. 1N___I~ ~.._..... -, #4h page 2 that we had to repair. So we requested the vacation of the alley and the city complied. Now, I would like to go on to talk now about our personal dependence on this alley as a means of gaining access to our property. As indicated in the letter to P /Z Commission my wife and I purchased this property in 1970 with the clear assumption that we would have access to our large back property through the alley. An over the 22 years of living there we have relied heavily on tlus point of access for the following tlungs. Far tree digging and moving equipment and tIucks from Leon Livers. For truck loads of top soil and mulch and rotted manure delivered by Pleasant Valley. And for Huck loads of sod from other local landscapers. We have, in the process of our 20 years of living there, invested thousand of dollars and thousands of hours of our time developing this extensively planted yard. It is 325 deep and it is 11 wide. As a result of our work there we have brought that property to a level of quality that has moved the Project Green group to ask us to put it on their tour twice. Once last year and another time some ten years ago. And the property has also been written up I the National Gardening magazine as well as in a book about nudwestern gardeners. None of this development could have been achieved however without access to the alley presently under consideration. I realize that my neighbor has made representations to the comlnission clainung that it would be possible to reach my backyard through my driveway. Or by driving tI"ucks across the propelty off that dl1veway and up tlu"ough and into the back. But in order to show the impossibility of doing so I brought some recent snapshots to clarify the situation which I would like to show you at this time. Just keep them in order and I will read to you some notes detailing at what you are looking at. In the first shot you are looking at our driveway which enters on Reno Street and if you look to the back of that driveway you will see first of all about a sL-; or seven foot high edge. Directly behind that hedge which you will see later in another shot is a three bin compost. And directly behind that three bin compost is a fifty foot pin oak tree that we planted there in 1971. So obviously you couldn't get a truck through there. Let us move on to the next shot. You are still at the back of the driveway. This lime you have a close-up of the back of the driveway. And as you can see there is a gazebo there so we obviously get a truck through there and you will also see agnumber of shrubs which would prevent access to the backyard. 114h page 3 Let me go on further to the next shot. Here is another shot at the back of the driveway. This one is looking directly south towards Jim's property. And you will see that it is too nan'ow to get a truck tlu'ough there. Next shot. This is a sunken terrace which is right down the steps of the proceeding shot. That is from our back porch. If you look at that you can see tlmt there is about a three or four foot high wall as well as steps going off into two directions in the backyard. Not vety easy to get a truck through there eitller. Now here is another view of that terrace and it is lOOking from the south north and you can see tlmt yew hedge with a truck behind it and how high that wall is. Again not possible to get a truck tlu'ough there. Here is a shot, the next one, looking backs towards the house from tile back of the lot. Now you can see how tall that pin oak tree is. And you can see how virtually impossible it is to get a truck onto this baCkyard from any area of the driveway. It simply is not accessible, Next shot. This is a shot from our dtiveway now back down towards the street. It is taken from about the same position as the first shot that you saw. But in tins case were are not looking east. We are looking again south towards Jim's property. imagine driving a truck through there ttying to snake it tlu'ough the ____ and the French tree that is behind it. Again, not vety easily possible. But if you were able to get through there the cost of damaging some of those tt'ees and shl1lbs, what you would face is the next shot in order to get up towards the back of the property going east. Well, you could get there with the truck but you would have to cut off the lower limbs of what Leon livers claims is the most distinguished NOlway in the whole city. We don't want to do that. So finally, what you come to, is the final shot wInch shows you the access to this property. The back of our property through the gate that we put in fro the alley. That gate opens up wide enough to bting trucks. You are seeing a portion of the alley jn the front of that picture. So, to sununmize. Given the importance of access to our property t1u'ough this alley, we feel compelled to request that the alley remain open. That it not be vacated or that If it is vacated that Jim give us a written easement so that we could have the assurance of knOWing that we and anyone else who buys this now quite valuable property would have access to it in order to preserve and develop the extensive plantings that now exists there. Are there any questions. '.. 1i4h page 4 Nov/ !vir. Klaus, what would you do if an alley did not ever exist on that property. Klaus/ Had It not existed. Nov / Houses all over the city have no access to allies. Klaus/ Well, I suppose it would have been impossible to develop it. It would have remained a field as it was when we acquired it. But of course tlus is a hypothetical question. An alley did exist there when we caught it. And we developed he property under the assumption that the alley would continue to exist. This is not an unreasonable assumption. Nov/ Well, I understand that and I certainly don't disagree with it but there have been gardens developed in areas where there were no alleys. There have been people in other parts of the city who have had trucks parked n the driveway or on the street and filled with dirt or rocks or whatever they needed for the garden and wheeled through in a wheel barrow. I have seen it done. And I am sure that it is inconvenient for the person who Is doing It but not impossible. Klaus/ Well, we are talking about wheelbarrowing probably 30-40 truck loads of dirt up a 325 feet deep incline. This Is an extraordinarily taxing process that any individual landowner would be unlikely to do. The point is beside the wheelbarrow, I am talking about the access of heavy duty bucks to move trees, to fertilize trees. That is not something that I can cany up in a wheelbarrow. Those are big trucks. I am talking abut- Nov/You are saying that your property has not yet been finished. You are still moving trees. Klaus/ I anticipate that some trees might have to be cut down. We have some dying fruit trees on our property. Nov/ I thought you were talking about something where the landscape had been finished. Klaus/ A landscape is never finished. It Is always changing. Trees are always growing, maturing, sometimes die. Especially of they are fruit trees. Or they become deceased. Nothing is fixed. That is one of the things that I have learned fromlUY 35 or 40 years of gardening. It isn't a stable thing. You can't fix It forever like a work of art. I wish I could. I always wish I could keep those trees absolutely unchanging but they don't. Larson/ You can have these back. IIot'ow/ I gave one set to the city clerk. Larson/ You can have these back. I don't think we need them. -. #4h page 5 Kubby / Were there, I think Jim you had mentioned at one point that you had some pictures from your property. Jim Jensen/ (can't hear) Kubby / Were those brought tonight. Could we also look at those. I requested that they were here. Klaus/ I didn't see those pictures because I was not at the Commission meeting. I had to be out of town when the hearing was presented. Kubby / And these are- (looks at picture) larson/ My only question is whether either of you have any objection to visits to the property to look at it and secondly, to Jim, have any rebuttal. Was anything he said incorrect in your opinion. Jim Jensen/ I called a few tree service places they said that as long as there is not buildings that are causing a problem that they can get up any tree and cut it down. And there is plenty of room around all of these trees in our yards. As far as driving a pickup around the yard I think if you come up and look at it you can see that you can drive a tl1lck around there. I would be lying if I didn't say that. As far as 300 wheelbarrows of dirt up there I have lived there a year and I haven't seen that many go up there. Maybe they are mounded up. larson/ What do you want to do to the property, the alley property, that would keep it fonn being driven on. Are you going to landscape it. Jensen/ I may plant something on it. I may put a compost been up there, too, like evelybody else is doing to save the landfills from the lawn clippings, Which I don't save them but branches and etc. [rom all of the trees. larson/ To me it Is a balanclng o[ the uses o[ the land. Thank you. Courtney / Any other public comment on this item. larson/ That was my other question. I was under the Impression that the Klauses were the only objecting neighbors. Ted Antheson (sp7)/ 11232 E. Davenport. And I spoke at the PIZ Commission meeting. I don't know why my thoughts weren't transmitted. Courtney / They were probably In the minutes. Gently/ They were in the minutes. Antheson/Well, I only have a couple of Issues here. I certainly don't object. I think one of the P/Z Commission members stated that i[ what Is good for the goose Is good for the gander and I think that --, #4h page 6 Jim is right in requesting the vacation of the alley. But as Carl pointed out the situation is a little bit different and there are some issues of access that didn't appear at least as far as we know to be a problem in the first vacation earlier. And in addition to Karl needing access to that alley the way my current property is set up I need relatively minor access to that alley and that my compost bins directly abut the alley and I need in order to tU111 that compost I need to get on that alley to get at it. I can certainly dig those things out of the ground and turn them and put them some place else but at this point in time the way this piece of property is being used by all of the neighbors is S011 of a fluid fashion. Some times people need to park a car there. Sometimes people need to leave some dirt there while they are doing some landscaping. And the rather fluid fashion in which this property has been used has been something that I thought was a velY convenient and cooperative venture among all of the neighbors. That seems to be, in my mind, a reasonable way to continue to approach it. Now, I agree with Karl, that the vacation seems like a perfectly reasonable request but that an easement be granted that trucks be allowed to do what Karl-like he says, the landscape is never done. And the composting is never done either and so that I would request an easement to be able to get to that compost bin as it sits. If it were necessmy it would be physically possible to move it. It is not just a pile of rotting vegetable matter. So that is my only objection is that an easement be granted and it was Jim's steadfast to refusal to grant tlle written easement that makes me want to make my position clear. That is really all I have to say. Does anybody have any questions, Kubby / So your property on Davenp0l1 is in between the alley and the street to the west. Antheson/ I am directly east of Jim's property. So the alley sits between Jim's property and my property. So if he were to ask for a vacation I would have an equal right to claim use out of that alley. Larson! But you don't want that. Antheson/ I would not ask for that in the condition that an easement be granted so people could have access to that. Nov! However if you were not to receive an easement would you want to purchase a section of the alley. ...,.......".._.._~.._..._..._~..__,...___'...M....~'....._.____._,......_ ~.....~. ,w.04._ III ... . 114h page 7 Antheson/ That would depend on a number of issues with most important being economic. If it were in my budget I probably would, yeah.. I would consider it but if it not within my budget 1- l.cll'son! I thought we were giving this away. Is he paying us for this alley if we vacate it. Gentry! Kalin, I don't really know. Larson! I hadn't seen any dollar- Franklin! We are not at the disposition stage but you GUillot give away city property. It has to be sold at fair market value. Larson! Have we figured that out yet. Franklin! No. larson! Based on past precedent it would probably be about $1.50. Nov! When we figure that out will you please have this gentleman receive the amount that would be his share so that we can make a decision- Franklin! Does your vacation decision depend upon its disposition. Nov! No. However when we have the amount I think that he has the option to pmchase this half. Franklin! We have not gotten to the point of disposition of the ally. As such time that we were pass the vacation step and what we had was city owned property that was no longer functioned as an alley we would then notii}' the abutting property owners that it was avallable to them. We usually off half and half to those properties that abut. They then have the option of buying, if they wish to. If they don't then anyone of them can buy the whole tiling. larson! The issues aren't unrelated. To me the bigger issues are neighboring property owners accesses. But I can imagine that lYh'. Jensen may not be willing to pay what we might think that piece of property is worth. And it would make the point moot. Franklin/ Yeah, I understand that. That is why I asked if it is critical to your decision because we can do some kind of an estimate as to price per square foot before you take your first consideration. Kubby! I think that would be advisable. larson! It is not necessarily criticai to mine but it might make the point moot by Jim saying wait a minute I am not paying more than $50 for it. That might- Franklln! Typically the way we do it is that we take the assessed value of the property that it is potentially going to be attached to and we extrapolate a per square foot cost. Now that has not aiways been what the council then has agreed to sell the alleys #4h page 8 for. If you remember we have had considerable discussion in the recent past about not selling city land cheaply. Larson/ There is usually some other issues involved in why we don't want to sell it cheaply. Kubby / I would like that infol111ation. Horow/ I would like a little bit more information about this easement business. You say that !vIr. Jensen is not willing to give a written easement. Antheson/ That was what was stated at the P/Z Commission. He said an oral easement would be granted. When it was pointed out by members of the commission that it would not be legally binding he said he was unwilling to do anything about that. Horow/ In other words it puts Mr. Klaus in an absolutely no win situation. I think by these pictures- Larson/ The point being that if he gives a written easement then he has to make it passable. Jensen coulcIn't do anything to the alley that made it unpassable. Nov/ And if he had given this easement he might as well not buy it. Cause it is going to stay in its current condition. He couldn't plant a tree or something there if he wanted to. Larson/ He coulcIn't do things that made it impassable. There are still things he could do. Courtney/ Any other public input on this item. Carol Menmy / I am the other owner of the alley that was vacated. I really have nothing to be hurt by if the alley is closed other than I am worried if there was a big fire in the shrubs in the back of om property how would a fire truck get there from Klauses if it is vacated. That is the only problem I have. I was told if I did not get up and speak, opposition would not be recorded if I did not get up and speak. I am velY opposed to it and that is all. Larson/ Thank you. Kubby / Do you mind if we peek over your fence. Should we call before we peek over your fence. Kate Klaus/ I am half owner of the property. I am generally there. Vou m'e welcome to come anytime. I am usually there. Larson/ Doesn't sound like we need to get too close to the house. Klaus/ You can come down to the house. I have got painters. I have got furnace men. I have everybody right now. It is an antique house and we are tlying to keep it going. I am opposed to the vacation too. My big 110wer bed is back there which makes it so ~_.,.."....___.__..___~ ._____....__,-.. _...... _.._..m"_._....~ -. #4h page 9 much easier for me to take care of this 15 by 10 foot flower bed if I can have my supplies back there. Nov/ Where is your house. K1aus/ 416 Reno Street. It is two doors south of the MontessOli School. The gable Victorian brick. TIle old Albert BOlts house. Built (can't hear). Courtney/Any other public comment on this item. Close the public heming. - -- -, Agenda Iowa City City Council October 13, 1992 Page 8 9!J.. ;1'i/ j. Consider a resoiution approving the preliminary plat of First and Rochester Commercial Subdivision, Iowa City, Iowa. (SUB 92.0018) Comment: At its October 1, 1992, meeting, by a vote of 6.0, the Planning and Zoning Commission recommended that the preliminary pial of First and Rochester Commercial Subdivision, a two.lot, 2.88 acre commercial subdivision located at the southwest corner of the Intersection of Rochester and First avenues, be approved subject to Lot ,2 having only one vehicular access onto First Avenue; that such access be located across from Tudor Drive; and that there be no vehicular access between Ihe private drive on Rochester Avenue and any new access from LOI 2 onto First Avenue. The Commission's recommendation varies from the staff recommendation contained in the staff report dated September 3, 1992. Staff recommended that direct vehicular access to First Avenue from Lot 2 be prohibited. Slaff believes that commercial development in this location should be encouraged to use the existing curb cuts on First and Rochester avenues to preserve the traffic carrying capacily of First Avenue and to permit design integralion of this neighborhood commercial zone. 'j3 . .J"~ Action: JhxJ. ) IJI (! /J I JpfJ/~ k. Consider a resolution approving the preliminary plat of Walnut Ridge, Parts Three and Four, Iowa City, Iowa. (SUB 92.0020) . 1h1t.J ~ I~I(; 1/ /~ II~ Comment: At ils October 1, 1992, meellng, by a vote of 6.0, the Planning and Zoning C'ommission recommended that the preliminary plat of Walnut Ridge, Parts Three and Four, a 39.81 acre, 46.lot subdivision localed north of Melrose Avenue on Kennedy Parkway, be approved subJecI to Out lots G and F being labeled as slormwater and drainage easements. The Commission also recommended waiving sidewalks except on one side of Kennedy Parkway. The Commission's recommendation Is generally consistent with the staff recommendation Included in the report dated September 17, 1992; slaff, however, recommended thaI sidewalks also be included on one side of Butternut Lane, Action: ~w /A1~ ! &,waf % -" .-.........'..-...---. _...~ '.....1.... . 18*11 ...~...-. III J......n #4 j. page 1 Courtney/Moved by Ambr, seconded by McD. Discussion. Franklin/ Mr. tvlayor, I would like to make some additional comments for the staff. Not to reiterate what is in your comment on the agenda about the integration about the commercial space and First Ave. access. But there were some items that came up at last night's work session regarding the ability to provide access to Lot 2 of this subdivision from within the subdivision. And we did some work looking at that today in light of the comments about the steep topography. And we feel that there is a way in which one could develop this piece, integrate the commercial development, and not require access onto First Ave. It would be done by using the Rochester Olive access coming immediately south and then integrating a drive with the parking that is in place just south of the new building that is there on the site. And I have some draWings here that will illustrate it for you. Horow/ Has the developer seen it. Franklin/(presents the drawing) Courtney/We also haven't seen it before now, BlUce. Gentry/Kalin, do you have an extra for us. Franklin/ Sure. Kubby /If you have an extra, Dr. Parrot might want to see it. If you have one more. Franklin/ This would not affect Dr. PaJTOt'S access. On this drawing there aJ'e two dIives that are illustrated. In the version that the council has it is shown in red. For the moment disregard the integration that is shown on the east side of the plan that is closest to First Ave. Because that particular drive would require cooperation between the owners of the two properties, Dan Glasgow and Bruce Glasgow. So if we assume that that kind of cooperation cannot occur the only place you could then have a dlive down would be from Rochester. The point is is that Lot 2 does extend to Rochester Ave, could utilize that Rochester Ave. Drive. Practically speaking, unless a baJTicade were to be put up In the midst of this development, traffic would come In on the midst of Rochester on the Rochester Drive access in front of Dan's Short Stop would also come In off of First Ave. past the new commercial residential building that is In place there. As I have said, we are tlying to get these neighborhood commercial aJ'eas to be integrated neighborhood areas. The difficulty in integrating this particular development are a consequence of decisions made by this property owner with filling the site and with developing it -, #4j page 2 with what is there right now. If this area had been planned initial and subdivided initially with a design in place that would show the drives I think that the problems that we are facing now in tenns of Dr., Parrot wouldn't exist. larson! You are saying that the argument not to permit access on First Ave. Franklin/ That Is correct. And I just want to stress to you the strong feeling that we have about limiting access onto First Ave. We have a lot of talk about arterial streets lately and the more points that we put on arterial streets the less they function as arterial streets. Thank you. larson/ So what we would have to do is amend, Franklin! You could approve this subdivision without access pennitted. larson! Do I have to make a motion to have that be what is before us or is the subdivision-the subdivision- Franklin/ The subdivision that is now before you has access onto First Ave. larson/ I would move to amend the subdivision proposal so as to not have access onto First Ave. Horow/ Second the amendment. larson/ I am just getting it on the floor, !vIr. Glasgow. I don't want to cut you off. Courtney /Moved by larson, seconded by Horow to amend the original motion to include no additional access onto First Ave. Any discussion on the amendment. Bruce Glasgow/ Lets go back in histOlY a little bit. All night it seems like we have been 30 years behind. We owned this piece of property 25 years ago. There was no paving on First Avenue. The Highway #I-Rochester Road was there. Blacktopped. We paid for the sewer. We paid for the water. Paid for the storm sewer. Brought the sewer all the way up from First Ave. and Friendship. Brought the stonn sewer all the way up from Washington Street. Two years ago you passed a subdivision which John McO.lives. Gave that guy, that subdivider two accesses onto First Ave. This is the last piece of ground on First Ave. t be developed. The last one. Do I feelllke you are picking on me or something. Just because I haven't used it. The limited uses in this kind of subdivision. CN-l zone is ridiculous. It is probably the worse piece of legislation that was ever fostered on the city of Iowa City. Anyhow, we cannot use what they are asking about '-. , " , '....,~,.......',. . tl4j page 3 here because I don't own the piece of property where they want me to come through. That is owned by my son. It's got a mOltgage on it. We have leased a couple of bUildings. They are entitled to their parking and it is a big can of worms. It can't be done. It was only about three months ago we went up to Karin Franklin and asked her for two accesses. We couldn't have them but agreed with one there. Then when we come up with a subdivision we can't have any. I think if I argue long enough you are going to take one away from me. But we don't want the subdivision if we cant have access onto First Ave. and I don't think I need the subdivision in order to develop. I need it in order to sell to Dr. Parrot. But I don't need it in order to get a building pennlt or anything like that. I don't think that there is a COlltt in the land that would say that I couldn't have access from a piece of property that I have owned for twenty some years and have paid for al the improvements. Horow/ Do you mean that you, light now, cannot get from the soutll part of this parcel up the road that Karin has made the red aITOWS on. You can't use that-it comes out on Rochester. Glasgow/ Oh, I am coming out on Rochester for sure. This lot 2 goes clear out to Rochester. I am letting Dr. PaITOt use that and Dan Glasgow using that. We will probably use it for one bUilding at the end of it. We need two buildings on First Ave with one driveway into the parking lot. And if we can't have that the land is worthless. My as well give it back to the Indians. Maybe they can put a casino on it or something. Larson/ Tell me so I tmderstand it, Mr. Glasgow, why the access off of Rochester past where Dr. PalTot would be and Into Lot 2- Glasgow/It is part of Lot 2. Larson/ Why that wouldn't work as access. Just for marketing reasons or cost or what. Glasgow/ Lets put a building on First Ave. Say we sell ice cream and popcorn. How Is a young fella going to get out of the family car and go up there and get some ice cream. I tell you what he Is going to do. Papa is gojng to stop the car and the kid is going to run out while papa takes Into a driveway, turns around and comes back to pick him up and he Is going to !Un across First Ave. with his popcom. They are not going to come off of Rochester, down fifteen foot, back up fifteen foot and Into a backyard of a parking lot. No way. Just doesn't make nay sense. '.. #4j page 4 " 'I I ! Larson/ You are just saying that if you don't have access to the front of a commercial building off of First Ave that it is just unmarketable. Glasgow/ Worthless. Kubby / If there was a majority of council who wanted to make the amendments that is on the floor is there anyway that you can do things so that Dr. Parrot can go ahead with his plans. Glasgow/ I don't know. You teil me. I will sell it to him tomorrow morning. Everybody says somebody will sue me if I do. Larson! Why can't he just seil that piece and let Dr. Parrot come in off of Rochester. Glasgow/ I can. Yes. But then what am I going to do with the rest of it. Courtney / I have a hard time understanding why the two need to be tied together, Bmce. You are holding him hostage to our decision on lot 2. Glasgow/ You held him hostage for 30 days, too. Gentry/ There was some earlier confusion on whether this property needed a subdivision at this juncture. The answer is no. Glasgow/ No. It doesn't. But I can't sell it to him because that will create my third lot. Isn't that rIght. Gently/That may be right. larson! Somebody Is going to have to do a better job of explaIning to me and it is getting late and I am anxious to hear it if we got one. Gentry/It is fairly detailed and it is a bit late to go Into platting requirements. Nov/ I don' understand it either. Larson! I can't help you. I can't vote on what I know now. So, either the city or somebody can enlighten me. Glasgow/ Just give me access on First Ave. P/Z approved it. Larson/ As soon as you are done. I don't want to cut you off because , I want to give Kalin a chance. As soon as you are done I want to give Karin a chance to rebut if she can the things that you have said that are relatively persuasive. Franklin/ One thing that I would llke to claIifY is that the first time that we met, yes-he did have two access points shown on lot 2. I told him that we did not want additional access points on First Ave. If there was an additional access point granted that the " appropriate place would be across form Tudor. so that you wouldn't have commercial traffic coming out on the west side of , ,First Ave. that was going to have a conflict with a cross street. In ~,- ...-~...................- _I'..........._._.._...."'._______~_.- __ ....I..UL~. ,Illt. #4j page 5 terms of his statements about paying for the streets and the sewers and so forth, any developer in the city does that. The subdivision is required because this is the third lot that he has created on this piece of property. The first one of this tract was Dan's ShOlt Stop. He is entitled to that one split. '!\vo other lots are now being created. One for Dr. Panot and Lot 2. Nov/ Also this other bUilding. Is that a f01th lot. Franklin! No. That is on Dan's property. There is Dan's ShOlt Stop and then there js the new structure commercial-the structure that runs east-west a long bUilding. That is one lot. It is an L-shaped. Nov/ So this one lot now has two access points. Franklin/ Yes. It has one access point on the lot and then it has an easement to use the drive that is on Lot 2 of Mr. Glasgow's cunent subdivision that is before you. Kubby / Why couldn't you-well, the rest of the property could not be one lot because there would be two different owners. That is why it has to be subdivided again if Glasgow wants to sell to Franklin! If !vh'. Glasgow wants to sell to Dr. PalTOt in order to have a sellable lot he has to subdivide it. I think the basic question is one of whether he is able to design a conullerciai development on Lot 2 that will have adequate access in terms of his view of what adequate access is for the market and in tenus of what our view is of what is appropliate access on First Ave. and Rochester. We feel that a design of thiS-development could take place on Lot 2 without that additionai access point on First Ave. Knowing that practicaily speaking that there will be access in front of the new building across Dan's lot. larson/ Your saying is that tllis access you told us to disregard-the red arrow on the east side of it is really how people will get in. Franklin! Those red arrows on the eats side, no Randy. I think what they will do. Disregard those. That the drive that comes in off from First Ave. that runs in front of the new building. People will use that to access this general commerciai area. Kubby/ So they will go all the way to the west and down the drive by your arrows in the west. Franklin! Right. Correct. Kubby / Instead of going around the comer onto Rochester and down. Franklin! Correct. Larson/ I am not sure that I am follOWing. What would happen if we said no. Why couldn't he then just sell what Dr, Parrot wants to him and he comes In off of Rochester. Now he has a big piece of ,... ......-- .-.. _.."._....~.-_.....~- ......-...--..-------.... ...._.- ,,__ .dol " - -.... '" #4j page 6 ground with no access and he would apply-we would have to give him access to First Ave. then. Franklin/ No. You see Dr. PatTot's lot does not Include the drive that is on lot 2. Dr. Panot's lot is split off and the design for that particular lot is such that he has an easement access or would have an easement access to get onto that drive that now comes down from Rochester. Larson/ Right. Why couldn't he have all that regardless of whether Bruce developed his southerly property. Franklin/ He could. Larson/ And then Bruce would be left with a lot Franklin! If Mr. Glasgow chose to give it to him and chose to go ahead with the subdivision. What Mr. Glasgow is saying is that if he doesn't have the access onto First Ave. Or at least what was intimated was that he would withdraw the subdivision. Larson/Now- Glasgow/ (can't hear) Larson/ I understand that. I am talking about if Dr. Parrot buys this property and has the easements so he can come in off of Rochester and that is all that happens and we don't do this plat but that is just what Bruce does. Franklin/ f"Or him to sell the lot to Dr. Parrot he has got to do the plat. Larson/ Okay. I guess what I am saying is that I am sympathetic vel}' much with not having access points on First Ave. But I am also sympathetic to the idea that it doesn't make good marketing to t:ty to fill a commercial space if people are going to have to dl1ve 276 feet down a parking lot and then have to come back around 276 feet to park in front of their store. That makes some sense to me, too. COUltney / I do it all the time at parking malls. McD/ Karin, which is probably my fault. I didn't follow you colTectIy. But going back, did you say originally you did not like the access because It was not across from Tudor. Franklin/ No, what I said was that when we were talking about access points onto First Avenue, that although our position was no additional access points on First Avenue, If one were granted through the political process that Me 0/ It should line up with Tudor. Franklin/ The appropriate location would be lining up with Tudor. Larson/ And that's what's before us. - - . . '.. #4j page 7 Franklin/ And that's what's before you. Larson/ I withdraw my motion. Unless somebody else wants to put it on the floor, I don't want to. Nov/ I think we should vote on that motion. Larson/ You guys can remake it, but I'm not going to make it. I'm withdrawing mine. Somebody else make if she wants to. Horow/ I'm not withdrawing the second. Larson/ That's fine. Somebody else just has to make it. I'm not going to make it and then vote against it. COUltney / Whoa. Wait a minute, I need a ruling here. We've had a withdrawal of the motion, but not the second. Where do I go parllamentmian? Horow/ I'm trying to think of it. Nov/ Better have a vote. Larson/ I don't care. It's no big deal. I just don't want people to understand why I made a motion and voted against it. Gentry/If Susan isn't willing to withdraw the second. Nov/ Tell 'em you changed your mind. Larson/ I'm just putting it on the floor for debate, as long as you understand that. I.Im'ow/ The only way, I mean I will withdraw it only to alleviate the confusion of Robert's Rules of Order here, but I then bring up the amendment. Larson/ Okay, let's do that. Let's both withdraw. Horow/ Okay, I withdraw the second and I make the amendment to vote on this, but without access onto First Avenue. Larson/ She's making the same motion I made. Horow/ Right. And now I need a second. Nov/ Moved by Horow, seconded by Nov to amend the original motion to not allow any access onto First Avenue. Now, discussion. Dick PmTOt!P.h.-was there discussion. Courtney/It is not really a p.h. but go ahead. Parrot! I am welcome to speak- Courtney/ Yes. Parrot! I am Dick Parrot. I live on Green Mountain Drive, I obviously have an interest in seeing the subdivision go through. I was really kind of surprised when I heard PIZ or the staff recommend to P/Z that they not have access on to First Ave. when you know that there is 110,000 sq,ft. of land on Lot 2 that basically is on First Ave and the lot that I am interested in is 16,000 sq,ft. which is on Rochester. I was really surprised that - - . ... - ...... '" ..- '" _1""_M__~._ ..._,_._................Mr_ __ ._ ..~. J~~_ II......... 1I~~1l.___~ #4j page 8 they recommended all that access to this huge lot come by Dan's and the lot that I am interested in come off Rochester, As I think about that I know that area is zoned for drug store and I could see something like Drug Town in there even and it seems like a very inconvenient access for people to !ly to go In the back door, essentially. One big concern that I have and I know some of you live up in this area is the traffic difficulty right there going into Regina. And I know that it gets gridlocked. It has on me several times. People tlying to tun into Dan's, People !lying to turn into Regina. There is a fair line of traffic that stacks up there evelY morning bringing children to school and with kids crossing the street, too. I think that is a real problem a ten fold increase in traffic trying to get into Dan's drive and I know that gridlock gets backed up for a half hour in the morning and the same in the afternoon with people picking up their kids. Courtney/The gridlock is just as bad on First Ave. Horow/ As you come n and out of HyVee. Courtney/ HyVee, Dan's driveway, Iowa State bank. It is evelY bit as bad if not worse. Parrot! I have lived up there for four years and I haven't run into that. I know that there is a lot of traffic turning into HyVee but you know this entrance is so far down from HyVee that I don't see that that is a real problem. I am really surprised as a resident of this area and I use these businesses that knowing what that land is zoned for that you wouldn't allow access on First Ave. and force the back door entrance complicating the Regina traffic flow problem that I run into frequently. Moming and-I don't come by there in the middle of the afternoon. So, I just wanted to make that comment. larson/That's my add-if it Is the last parcel and I don't know If it Is fall' to not give access onto First Ave to a big last parcel like this. I think the cow is out of the barn on First Ave. and I just think that thd( is too unwieldy for our citizens. I am not worried about the developer so much as I am that I don't IVant to encourage a development there that Is that unwieldy and I just think that the cow is out of the barn. Courtney/Any other council discussion on the amendment. Nov/One more (can't hear) lany Schnittjer/ Karin's comments may be right, probably her recollection. My recollection was that at our meeting when we discussed the potential access points onto First Ave was before we - ~, #4j page 9 CHANGE TAPE TO REEL 92-94 SIDE 1 Schnittjer/ Numerous studies on that piece of ground and one of the reasons that we really would prefer to have access. We rather would be south of Post Road than at Post Road because that lets us get in on the lower side of the lot where you could have step parking areas for the facilities. Horow/ You mean Tudor. Schnittjer/ Yes. Tudor, I'm sony. The piece of ground is a real tough piece of ground to work with. We have studied it for years on vatious different applications and there has never been, until just recently, any discussion about limited access on to First Ave. and that is what makes the thing so disheartening is tat we started out with a tough piece of ground to start with and we start putting all kinds of limitations on it. It will really make it a lot tougher to work with. That is my opposition to limiting access onto First Ave. It is just-granted First Ave. is relatively nan'ow and it is getting more and more traffic on it. If all these other things ever happen it is going to have more traffic. I don't-I guess I don't see that one more driveway or one more increment in there as being a substantial increase. Ambr/ Lany, what is the distance between the existing access on First Ave. and the proposed new one. Schnittjer / I don't have a exact dimension for you, Bill. Ambr/ Less than a hundred feet. Sclmittjer/ (refers to map) Precmious scale from the last time I tried to estimate dimensions. IvIcD/ (can't hear) Schnittjer/The access points would be about 140 feet apart if we line up with Tudor live. If we lined up on the north side of the existing garages with the paring lot it would be considerably a longer distance. That is where I would prefer to see it. That is if we wanted to cross Tudor DIive. Ambr / Where do you prefer to see it. Schnittjer/ I would prefer to see the access point just north of the apartment garages. Ambr/ Why don't you choose one directly across from Tudor. Schnittjer/ Topography reasons. So we can provide parking area at the lower area of the site. CourtneY/Jeff, could you give us any insights on that. 140 feet, what does that relate to in the stacking ability and that sort of thing. -, #4j page 10 Jeff Davidson/ We just want to make sure that if there is an offset that it is far enough apart that you don't end up with a Bowery /Prentiss type situation where clearly there are conflicts there. Karin's point is that if we can get two streets-and remember that Commercial Drive has much more traffic than an individual residential driveway would. If we can get Tudor and the commercial drive to line up that is really in the best interest of keeping a safe situation. Even safer is not having it. Courtney/But the Tudor entrance is about 140 feet from the current entrance to Dan's building now. What does that do as far as stacking ability for cars and so on. Davidson/ In my estimation the two commercial driveways that close there is a potential for a situation where-with that amount of traffic the potential for automobiles doing movements that close to each other, it creates a situation that is not optimal. Residential drive is what you see all the way up and down First Ave. There is so much less traffic generated out of those individual driveways that the probability of a conflict is not nearly as great as it is with the commercial area like there with a HyVee drive across the way as well. Kubby/ So if someone is on First Ave and tUl11S left into Dan's lot, how many cars would it take before the access across from Tudor is blocked. Davidson! Karin, I would have to- Larson! About seven for 140 feet. Courtney/That is kind of what I am looking for is I can't visualize the distance. Davidson! Controlling the commercial drive creates a more organized situation with the traffic. Every time you add one more it puts more disorganization. The City of Coralville light now is spending millions of dollars to eliminate driveway accesses and create more safe situation and yeall, obviously the scale is much greater there. I am just using it as a comparison to show- McD/ But Jeff, this particular area, just because of the zoning of It-I mean you talk about a commercial drive and generating more traffic then a driveway. Obviously It does. But we are talking about the type of business because It cmmot be put into this area to begin with because of the existing zoning that Is going to generate a tremendous amount of traffic. ........_,""'-~__-.t. ......w_."'___~_____ .._._____ ~_I'It<Ml.__1'IItol'M. #4] page 11 Davidson/ Actually John, a grocelY store and a convenience store which you have there existing right now are probably the two highest genE:ators of traffic of any type of development. McD/ But they are already there. COUl1ney / We don't know what the next thing to go in there is. It could be another high volUlue generator. John. Larson/ But the issue about the drive is that being only 140 feet from the existing drive in yoUI' opinion is stilI better to have it opposite Tudor then to move it down by the garages. Davidson/ Right. That would be staff' position. Nov/ What Is your opinion about using a single access point from Rochester. Is this in any way Changing the safety or the traffic pa ttem. I Davidson! Well, once again Naomi, we simply feel it creates a more organized situation of the traffic with the single access point. Nov/ What about the djstance between that access and the comer of Rochcster and First. Any chance of backing up there. Ddvidsoni That is adequate. We believe. Certainly it is functioning adequately light now. Franklin! The point that is hying to be made. without getting into a lot of detail, is this whole idea of at1elial streets and how they function and the more curb cuts that you have that at least you be cognizance of this. We at'e going to raise it. We've got another project coming up with an access issue on Gilbert Street south of Highway #6. So you are going to hear us make this pitch on arterial streets because these streets need to function so we don't have it going off into the otbers. Larson/ I don't know if I am in the minority or the majority in voting for this access onto First Ave. But I don't want my votc or anybody elsc's vote to keep you from raising that. I think you are right to give us that advise. I would rather you not make those concessions to the dcvelopers before it gets to us. Kubby / And because we make one decision here atld the circumstances are different possibly in anothcr area. Novl I would like to hear some rcassurance that we are not going to get a line of cars waiting to get through a stop light at Rochester and First and then another linc of cars waiting to gct out of the access drive and not being ablc to exit because of the first line of cars. Does this happen. I have secnlt happen in other are'dS wherc the pOint were Just too close together. ------........-- ......-. .~.....- .. ...........-""-.-..... ..OW~\l_.__........lIttoWtl. -, #4j page 12 COUltney/ Naomi, in this particular area you don't have a lot of problem with long stacks of cars at First Ave. and Rochester. There Is a vety good trafflc light system there that triggers depending upon the traffic demand and it empties the First Ave off quite adequately. Even as I come into work In the morning and so on. The problem there cUITently is a conflict between the HyVee driveway, the Iowa State Bank and Dan's Short Stop dtiveway. They don't meet exactly and when you try and get people turning left into Dan's and somebody turning right into HyVee the two are not right up next to each other and one doesn't know what the other one is going to do. That Is where tbe cun-ent contlict Is. It is not a stacking problem. That is why I asked about a stacking problem. If we have got adequate stacking distance between Dan's CUlTent entrance and HyVee back to Tudor, then I have less concerns. The CUITent problem is more in aligmllent just like they are talking about. The alignment of those two dtives don't meet right. Especial with the Iowa State one there. It Is mainly an exit. Somebody didn't plan that one quite right. Panot! I would like to make one more comment about that because I live In the area and I go through there so much. Wouldn't it make more sense to limit the second dt1ve that Dan has onto FIrst Ave because, again, that is a parking lot, It Is not suppose to have high volume traffic through it. Cars back into it. Courtney / I am sure that Dan would have something to say about tllat. PatTOt! Wouldn't it make sense to limit that and allow access onto First Ave across from Tudor. Eliminate tllat conflict with HyVee and Dan's Short Stop drive 011 the First Ave. In other words, eliminate that access to Dan's through there by speed bumps or actually a barricade and make it a parking lot. Courtney / He Is putting some retail businesses in there that he wants immediate access to and I understand that. Panot! I am just thinking If you could make Tudor Dt1ve entrance on First Ave. and Lot 2 to go on through by Dan's by the driveway. Courtney / I could redesign It velY well but It happens to be Involved In two owners here. Larson/ The last city that they got to do that to was Washington, DC. where they plamlcd It all at oncc. Courtney / Any more council comments on the amendment to the original motion. I think it Is where we are still at. #4j page 13 Horow/ My only reason for making the amendment is the First Ave. arterial status to keep from any more curb cuts on it. I understand Bmce's problem but I think there must be another way. Larson/ The motion is to deny the First Ave. access. Nov/ The amendment is to approve this without a First Ave. exit. COUl1ney / We are stilI talking about amending which- Larson/ This motion is just to deny First Ave. access. This isn't the plat we are voting on. Horow/ It is the amendment. Courtney/We are amending the original motion to approve it but we are only approving it without First Ave. access. So in essence, yes, you are denying. Larson/ But what we are voting on is the amendment. Courtney/ Yes. Ambr/ The way I read the original motion I got to come down on the side of the Commission. Especially since they aren't here to defend their 6-0 vote. So I wiIl vote against the amendment. I will vote for the resolution. Larson/ Me too. Courtney/All In favor of amending the original motion signify by saying aye- Motion fails (Nov /HOl'ow-aye; S-nays) We are back to the original motion which was moved by Ambr, seconded by McD to approve the prelimimuy plat. Any discussion on this motion. Horow/ Well, for the reason I voted for the amendment I am going to have to vote against the resolution to be consistent. Courtney/ I was origlnaIly pretty adamant on this but the 140 feet changed my mind because we really don't stack cars that lUuch there and I would have to see a tremendous increase in traffic to envision-as well as that light works-to envision 7-8 cars. We don't get that kind of stacking at the light let alone back that far. The problem again comes from the misaligned driveways farther on up there. Any more discussion on the resolution- RoIl caIl- The resolution Is approved, Novand Horow voting no. '.. Agenda Iowa City City Council October 13, 1992 Page 9 '1:J- ~B I, Consider a resolution extending the preliminary plat of Hunters Run Subdivi- sion, Parts 8 and 9, Iowa City, Iowa. Comment: At its October 1, 1992, meeting, by a vote of 6-0, the Planning and Zoning Commission recommended approval of an 18.month extension of the preliminary plat of Hunters Run Subdivision, Parts 8 and 9. The Commission's recommendation Is consistent wilh the staff recommendation. The request for an extension was submitted on behalf of the subdivider by Dale Sanderson, counsel for the subdivider, in a letter dated September 10, 1992. Action: Ikt/i/ *AM-->',J I4bu ~ m, Consider a recommendation of the Planning and Zoning Commission concerning an application submitted to Johnson County by Jeffrey Dwyer, contract purchaser of property owned by Raymond and Linda Williams, to rezone approximately 16.04 acres from A.l, Rural District, to RS, Suburban Residential.' This property is located in Fringe Area 1 on the easl side of Kansas Avenue SW, one.eighth mile north of its inlersection wilh Rohret Road. (CZ-9243) Comment: At its October 1, 1992, meeting, the Planning and Zoning Commission recommended, by a vote of 6.0, that the City Council forward a comment to the Johnson County Board of Supervisors finding that the request to rezone the subject tract from Alto RS is inconsistent with the mutually agreed upon Fringe Area Policy for Area 1. This recommendation Is consistent with the staff recommendation included in the memorandum dated September 17, 1992. Action: I~I ~hh'l ITEM NO.5. PUBLIC DISCUSSION att Iz"r ));p/ rJ .-~- .-..--,.........-.......-...-.--...... ...._,.._~___,...._~___.... _n_'llIU. #5 page 1 Courtney/Public discussion... John Ockenfels/ Air[airport duty. By the way I am glad there is not a clock on the wall... We are make this as quick as I can this evening. Just a couple of comments quickly on the airport relocation feasibility study that is ongoing at the present time. And it is a study. Monday afternoon, October 5th, the technical advisory committee of the airport relocation feasibility study held their third of four planned meetings. Our consultants from Kauffman Associates made the current presentations at that time. The committee is composed of 16 people from the Iowa City and Johnson County area. It includes two people fonn the Iowa City Airport COlllmission, two from the City council and one from the Board of Supervisors, Johnson County Planning, University Planning, Iowa City Transportation Planning, Chamber of Commerce, Air Care, Iowa City Flying Service, Federal Aviation and the State Aviation Departments, as well as a couple local businesses and a couple of local flying and non-flying businesses. The purpose of this committee is to give input to the consultants so that they can use that in the evaluation of the long range aviation needs of the Iowa City area. Although this committee is not a decision making body, it is an important advisory group by design. At the October 5th meeting a number of items were discussed, One of which was the question if the airport were to be relocated where could it be located to provide the necessary requirements and comply with the siting requirements including environmental, physical layout, access and impact on the area. That was some question that we discussed last time. At the meeting, which is scheduled for the first or second week of December. Mark that on your calendars please. Reselve them. Larson/ Please note in setting that meeting that we will be in New Orleans for some of that. Ockenfels/ Okay. We know that now. At that time we are going to look at the current site and discuss the benefIts and problems of the current site. We have not yet evaluated the current site. Included in this next discussion will be possible suggestion on what we can do with the airport site to make it more usable and fit within our growing community. After the next advisOlY meeting there will be another publlc meeting. Again it is going to be the same evening as the technical advisOlY meeting. Just as we have done in the past. Shortly after the first of the year the #5 page 2 consultants wlll meet with the Airport Commission and the City council and the Board of Supervisors and whoever else it is deemed to be necessmy to be there and a recommendation wlll be presented as to there consensus as to the future layout of the Iowa City Airport. The Airport Commission has not made any fonnal discussion. As a matte of fact we have had no fonnal discussion about moving the airpolt other than that related to approving the current study as we are working with the FAA. That has been stated that the decision to move the airport is already a done deal as far as the Commission is concerned and I can assure you that nothing is fulther from the tlUth. This is a an ongoing study and I want to reiterate that as often and as strong as I can. No decisions have been made about moving the airport other than to proceed with the current study. If you would like more infonnation I would ask you to please contact the airport manager, any member of the advisory conunission and any member of the airport commission. That is all I have for this evening. I thank you for your patience. It has been a very long evening. larson/ Who are our council members. Courtney / Kubby and myself. larson/ And you weren't at the October 5th meeting. Courtney/No. That is one I missed. larson! I thought that it was held during our joint meeting. Kubby/ No. It was before. I biked quick so I could make it. Horow/ I have just one question. I thought that the report was very velY Interesting. But there was no report In there from mOT about their long range plan that I have seen on maps about highway #6 bypass bypass. And 1- Ockenfels/ That Is because that was the first time it was presented to any of us. That is extremely new Infonllation. Horow/ Oh, really. Ockenfels/ At that meeting on October 5th was the first time the city presented that to our committee. So that was when we got the infonllatlon. larson/ About the bypass bypass. Horow/ There was no mention of that. Kubby / The thing that was mentioned that was new was the potential for some land being annexed in the southeast part of town. Horow/ That was adequately addresses In the report that I got. _...._.__.__.M _._-~~...,-~._-_.~.. _.._""M' --.. II'~~ -, #5 page 3 Dick B1um/ The potential state plan as never really been brought up as part of these discussions by anyone. Horow/ Well, it should. B1um/ However the FM and IDOT are in communication (can't hear). I don't know why the state has chosen not to bling that up in this point in time. The state DOT is involved in this study. Kubby / But if we know what the potential layout alignment is. If we know that there is a potential alignment it is clUcial that we over lay that- Courtney! One at a time. Horow/ Look,lets put it this way. I have seen the map with the potential on it. If that in the time that has intelvened-if they have taken it off then that has to be at least mentioned in this report. If that decision hasn't been made then that is one of these bogey men in the closet of the state that is ion there. Ockenfels/ There again, we are relying on the members of this committee. That is why we have so many members of the committee. We are trying to get as much diversity as we can to bring that information forward. So therefore if members of the council have infonnation about a bypass or the DOT has information about a bypass the rest of us don't have, that is the whole reason for having this many people there. Kubby! So now you have heard the need to incorporate that in. If there are other things that the council members know about please let Dan'eI and myself know so we can bring it up. Larson! What I was concerned about John and we have talked today and you have done a good job of c1alifying somewhat is that people that were at that meeting did not get a feel for why we would even consider moving the airport and the only reason that I can think of that makes much sense to potentially move the air[port if the need to buy airspace and the law suits involved in the present location. And you pointed out tonight that the pros and the cons at the present location will be discussed at the next meeting and there were just some people at that meeting on October 5th that didn't get that understood. Ockenfels/ One of the things that really needs clarification Is that there seems to be a consensllS that in fact that we are going to move the alrpOlt. Larson/ That is what these people thought. Ockenfels/ We haven't made that decision. This meeting-this whole study is to investigate that Isslle. DO we need to move the airport -, #5 page 4 is the question that we are asking. As we expressed earlier. This airport has been here for 75 years. How big was the city of Iowa City or Johnson County areas population wise today-how big was that compared to the airport 75 years ago. Lc'U'son/ If you will address it at the next meeting I will make sure that I am there. Ockenfels/ We will welcome as many people that would like to come. Larson/ Thank you. June Pieper/ I am not going to complain about anything. I am just going to tell you what we are doing at the Senior Center. CoUttney / Oh, you sat through all of that. Pleper/ If I didn't go home I would have to come back again. And sit through it all again. So I might of well stayed. As you know, I am June Pieper and I am representing the Senior Center Commission and this month of October is recognition for volunteers at the Senior Center and for the first time we are having to have it a\WY from the center because we have an increase in the number of volunteers from 392 two years a go to 512 today. We are having a dinner dance in honor of the volunteers and it is going 0 be at the Rec. Center and the dinner will be at 6 o'clock and aftelwards we will dance from 7:30 to 9:30 to the Dick Watsdon Trio. It is going to be Tuesday, October 20th and I would like to invite all of you to attend. But you do have to make a reselVation by Thursday morning of this week. You may have read in the Post and some of you may have been there for the Nile Kinnick celebration last Friday which was a huge success. We had probably one of the biggest turnouts that we have ever had. Everybody really enjoyed it even though Al Coope talked much longer than he should have. And he was velY interesting and brought a lot of laughs to us. And as a result of that we had a lot of publicity for our Senior Center. USA Today had a news report which brought phone calls from lllinois and out of state. We had IPTV, Chalmel 9, Channel 2, Gazette, F'Our Rivers Journal. And the Press Citizen gave us velY good publicity for the week prior on the sports page. The attendance was even greater than last month at the Emma Goldm,m thing. Conting up on Sunday October 18th from 2:00 to 4:00 we are going to have state and federal candidates at the Center and questions have been prepared by senior citizens and others covering some of the most important issues of the day and they will have been alerted. Some of those that will be in attendance are Jean Uoyd Jones, Jim Leach, Minette Doderer, -, #5 page 5 Mary Nuehauser, Candy Phillips, tvlichael Streb, Bob Dvorsky, Mark Ubants and Jan Sonvld. So that should be a very interesting and informative meeting. Our new program director June Braverman has started something on Fridays called Fabulous Friday and we have noted authors, travelogues, lectures, just about anything that you can think of. An last Friday we had the Voices of Expelience. Our chorus that started out as a quartet and now has 27 members. And they have been going out into.the community and giving programs. So if you know of anybo~y that needs a really nice program, they have it. Glen Joblawski is the director. The other big thing coming up is the children's bazaar on Sunday December 6 from 2:00 to 4:00 PM and items will be priced from 25 cents to $3.00 and these are made and donated by volunteers and senior citizens. This is a chance for parents to give their children a certain amount of money to spend and the children have a list of family members of whom they want to remember with a gift. And volunteers take the children through the bazaar area and help them select gifts for their family. And the parents, we have coffee, punch and cookies for them. And a chance to visit and get acquainted and so forth. We have had this two years. It has been a very very successful item. And Friday Oct, 30th we will have Halloween Dance with Leonard Raymond orchestra from Swisher and they play the Big Band sound. And we will have refreshments. It will be a costume judging and the cost is $2.00 per person and we have velY big crowds at that. And I do want to thank the City of Iowa City and Jolmson County for a very velY wonderful Senior Center. We probably have one of the best and I say that from working there since the Center open there as a volunteer in 1981. I have met people form all velY the US., taken them on tours and they have never ever seen a Senior Center like we have. So we can all be velY proud of it. I thank you velY much for letting me talk to you at this late hour of the night. Horow/ Thank s for all the information. Pieper/ If you have any questions, if I don't know the answers I will tIy to find them for you. Nov/ You know the answer to my question. I missed the date on the candidates forum. Would you give me the date on that... Pieper/Sunday Oct 18...2 to 4... Courtney/Any other public discussion... 1'11~_.."._-_.._.. --. - ......-......-.... ---..-.....- -, Agenda Iowa City City Council October 13, 1992 Page 10 ITEM NO.6. PUBLIC HEARING ON AN ORDINANCE TO VACATE, AS A CORRECTIVE LEGAL ACTION, THE WESTERLY 105.29 FEET OF THE ALLEY BETWEEN MAIDEN LANE AND GILBERT COURT A T LAFAYETTE STREET, BLOCK FOUR, LYON'S FIRST ADDITION, IOWA CITY, IOWA, AND THE NORTHERLY PLATTED ALLEY IN BLOCK FOUR, LYON'S FIRST ADDITION, IOWA CITY,IOWA. Comment: This is one of a series of actions being undertaken to correct clouds on title 10 property at the corner of S. Gilbert and Lafayette Street in Iowa City, Iowa, now owned and occupied by Capitol Implement Company at 702 S. Gilbert. While the City is able to locate some deeds for prior conveyances and prior vacations, not all documents have been found and not all documents are properly recorded. The two steps of vacation and conveyance are needed in order to satisfy Iowa title standards, and remove clouds on the title to the property. Capitol Implement Company has been using this land and paying taxes on it since 1972, so these actions are corrective only, City Attorney recommends approval. Action: 'l\g 1'hIt.> ~i'APJ2 ~ ITEM NO.7. CONSIDER ADOPTING AN ORDINANCE TO V ACA E, AS A CO RECT E LEGAL ACTION, THE WESTERLY 105.29 FEET OF THE ALLEY BETWEEN MAIDEN LANE AND GILBERT COURT AT LAFAYETTE STREET, BLOCK FOUR, LYON'S FIRST ADDITION, IOWA CITY, IOWA, AND THE NORTHERLY PLATTED ALLEY IN BLOCK FOUR, LYON'S FIRST ADDITION, IOWA CITY, IOWA. (FIRST CONSIDER. ATION) Comment: See comment above In Item No.6, ITEM NO.8. 1>1- au {r (,/ 1(/1;:t ~~ ~.&..-. ~I.c&. PUBLIC HEARING ON THE INTENT TO CONVEY, BY QUIT CLAIM DEED, A 6 --" PORTION OF MAIDEN LAND AND A PORTION OF LOTS THREE AND FOUR OF COUNTY SEAT ADDITION TO IOWA CITY, IOWA AND ALLEYS LOCATED IN BLOCK FOUR, LYON'S FIRST ADDITION, IOWA CITY,IOWA, AS A CORRECTIVE LEGAL ACTION. Action: _~) / A-m-6 I Comment: The resolution of intent to convey this property will be presented for Council approval at the time the ordinance above is passed and adopted, Action: '\\I'l '- lhu.--11D""J) _ -. Agenda Iowa City City Council October 13. 1992 Page 11 ~ ~'dL ITEM NO.9. PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR REMODELING OF THE CIVIC CENTER EAST LOWER LEVEL. Comment: Remodeling of the Civic Center East Lower Level consists of the demolition of existing interior partitions, ceilings and fixtures and Ihe reconstruc- tion of new partitions, ceilings and fixtures to expand Housing Inspecllon Services, City Attorney's Office and Document Services Into the vacated areas of Civic Center East Lower Level. The estimated cost of construction Is $215,000.00. Action: '<\..0 ihu ~h A o-e." ITEM NO. 10 - CONSIDER A RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF qa . J9} CONTRACT AND ESTIMATE OF COST FOR REMODELING OF THE CIVIC CENTER EAST LOWER LEVEL, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOM. PANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS AT 10:30 A.M. ON NOVEMBER 3,1992. COMMENT: See comment above. Action: Ir\. <~) fh..J, ~~ ITEM NO. 11 . ANNOUNCEMENT OF VACANCIES. a. Human Rights Commission - Three vacancies for Ihree.year terms ending January 1, 1996. (Terms of Rosalie Starr, Dorothy Paul and Haywood Belie end.) b. Parks and Recreation Commission. Two vacancies for four'year terms ending January 1. 1997. (Terms of Debora tiddell and Todd Welk end.) c. Board of Adjustment - One vacancy for a five-year term ending January 1, 1998. (John Peiton's term ends.) These appoinlments will be made at the November 24, 1992, meeling of the Clly Council. ITEM NO. 12. CITY COUNCIL APPOINTMENTS, a. Consider an appointment to the Historic Preservation Commission to fill an unexpired term ending March 29, 1993, (Eleanor Steele resigned.) ~o~~\, .JM /1,~IIYJI) xii, I), t) /JdJ/ /J. 'J .~. J v ""7 r.;aIIIJ "fI~(41(r;Uun ~ ~ir()/ r'~ Action: ~ '" #12 page 2 check out the OJ. in the moming and find out when and what is happening and participate. Ambrl You know in view of what I read and see in the polls some of the earlier discussions that we had, Mr. Mayor-I appreciate your Teddy Bear Proclamation which was originated because of that great American Theodore Roosevelt. And later on we had a discussion of Herbert Hoover Highway. I got another wanll feeling about that. And today I was on the llncoln Highway. So I am really having a pretty good day. That is all I have. Horowl Did evelybody receive the latest card for Domestic Violence Project. They have had to change where their reception is going to be. It is going to be at the Cottage on Oct. 21st from 4:30 to 6. There will be a discussion on Domestic Violence, A community Problem, Where Do We Go From Here. I just want to make a general announcement and invite any and all that can make it. The Cottage, Oct. 21st, 4:30 to 6 PM. The only other thing that I have to say and I just quickly want to relate this. I had an occasion last week to spend a whole day with Station Two Fire Department were the hazard material response team is housed. And it was velY educational, very enjoyable. We all had a good time. VelY infonllative. Those people are truiy on top of the latest needs, analysis, and technical needs for responding to our increasing hazardous material problems that we have in the area. They are great, They are just great. And I appreciate having the time. If anyone has nay questions about what a hazardous material team is doing dlU"ing the day when they are not responding, I would certainly be willing to talk with them about it. It Is good use of tax payers money. That Is al. McDI Just one thing, Mr. Mayor. I would like to some time n the near future to schedule for an Informal meeting a discussion of our meeting times these days. COUltney/Okay. Kubby I Sounds like revolution. Larsonl I have a vague memOlY that when you were mayor that we never went this late. Courtney I We had lots of extra Informal sessions which we haven't has nay. Mc 01 I am getting old. Larson/ I lvaS about to defer all fLuther items on tonight's agenda. Ambr/ John just reminded me of something. I am sony that I neglected to ask during my council time. The Veterans Affairs - T ~ .... ...... 1 I , , ' ".. #12 page 3 Conunlttee of the Chamber is having their annual banquet and the guest of honor tllis year is General Charles Horner who is a graduate of the University of Iowa and a native Iowan. It is a coup for that conmlittee to attract General Horner to be the guest speaker. The only day he is available here Is Nov. 9th. We have an infol1nalmeeting scheduled that njght. Larsonl And happens to be my birthday. Kubby I A coup on your birthday, that sounds great. Courtney I I am catclling a lot of flack about not attending that myself and I think we will have to have some discussion about it. Lets look at that night and see what the schedule looks like. I am not going to guarantee anything at this point. Kubby I I am going to see a retired colonel tOlllorrow. Ambrl I certainly wouldn't want to have an unexcused absence from an infol1nalmeeting to see the great General... Courtney I Any tIling else. Novl Remind evelybody to register and vote. Courtney I We received a petition concerning the Monnon Trek and Melrose Ave. traffic study. Is that an ongoing study. Atkinsl The study has been finished. Barring any-this was raised many months ago. larson about my ineffectiveness on this one. Atkins/ A iot of intersections have to get reviewed. That one is finished and when I spoke with Jim yesterday or the day before that he would hope to have the ordinance by our next meeting. And if all goes well maybe we can get the thing in yet this year. The protected left turn lane. COUltney I The studies did warrant it. That is all I have. r "r '-. -~ .~ . . Agenda Iowa City City Council October 13, 1992 Page 12 ITEM NO. 13. REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY. a. City Manager. -f) - b. City Attorney, ,k IrtV ITEM NO. 14. CONSIDER A MOTION TO ACCEPT THE FORM OF TAX EXEMPTION CERTIFI. CATE PERTAINING TO THE $3,450,000 GENERAL OBLIGATION CAPITAL LOAN NOTES. Commenl: This Certificate is execuled and delivered in connection wilh the Issuance by the City of the $3,450,000 General Obligation Capital Loan Notes. This Certificate sets out in delall a number of facts, promises and obligalions which must be mel and agreed to by the Cily In order to mainlain Ihese Notes as tax exempt. Action: _~) 'n\.~ fj I J& jtrAJ tld tlF ITEM NO. 15. CONSIDER A RESOLUTION APPROVING AND AUTHORIZING A FORM OF LOAN "Jar ~~ AGREEMENT, AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $3,450,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 1992 AND LEVYING A TAX TO PAY THE NOTES. Commenl: This formally aUlhorizes the sale of the Notes ,to finance the construction of the new Chauncey Swan Parking Facility. The City will not levy taxes to pay the debt service but will pay the debt from Parking revenues. Action: IJl C)~/ !h;w 7lt elf ~~ ftdh; 'IUiI' _.....__..____M... ~..m_....._..w~___ --- --.......... - If - ...... ... -.J ~--- . I I , -, #13b page 1 Courtney/City Attorney. Gentry / I just have one thing. I have an unexcused absence coming up Tuesday. The next meeting. I will be out of town at a seminar. So I will be missing the 27th meeting but I will send- Courtney/ Okay. Anything else. ". ~ - - ~-_._- .._~ .. .... .......___ 1Il~- Jl.l~ '-. #14 page 1 COUltney / Moved by Ambr, seconded by McD. Discussion. Kubby / Because in the next item, I am not sure exactly where to ask this question and to have Don explain this. But the next item which is connected says that there will be a levy of the tax to pay the note. That Is not really true. We are doing it tIlis way to save money and I would like Don to briefly explain what is going on so it makes sense. Horow/ I had that same question because in one part of the material it talks about levying taxes. Don Yucuis/ I had that same question also and I got that clarified from bond counsel, Ken Heney. Legally we need to do it that way., We are not going to levy a tax to pay for the tax service on these bonds though. Kubby / And the money will come from parking revenue which is the consumers. Yucuis/ Yes. COlTect. HOl'OW/ So even though we are passing this verbiage that particular section is not appropriate. Yuculs/ Correct. It will protect the bond holders. Courtney/However is the revenues fall short we still need to back it up with general obligation. That is the equivalent of what use to be called double barreled and they are calling capital loan notes now. Kubby / But Don was saying that with this structure we would have to have a minimum of $300,000 In our reserve and we currently have $900,000. So it seems like there is some give there from the user fee. That this will be safe. How much money will this save tis. In doing tllis route. Yuculs/ By doing the capital loan note route we are saving approximately $150,000 over the a5 year bond by going this route rather than a tl1le revenue-parking revenue issue. Kubby / So this is creative bonding. COUltney / Any other discussion on the Illotlon. Allin Favor(ayes) Motion passes. '.. Agenda Iowa City City Council October 13, 1992 Page 13 ITEM NO. 16. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH GEORGE AND MARCIA NAGLE, 9J. .l<{~ RICHARD L. AND MARY LOU McCREEDY AND JERRY AND JO ANN E. HILGENBERG ("NM&H") AND FRANTZ CONSTRUCTION CO. INC. ("FRANTZ") CONCERNING STORMWATER MANAGEMENT FACILITIES IN CERTAIN PORTIONS OF THE VILLAGE GREEN AREA. Commenl: An earlier agreement obligated the construction of one stormwaler management facility for both the undeveloped and developed areas of Village Green and Village Green South required to provide stormwater management. With this agreement, the owners of the undeveloped areas of the above. mentioned properties have agreed to and are obligated to construct two (2) storm water management facilities and the City agrees to release the original storm water management easement. This agreement has been reviewed and approved by staff. Action: ~(J4w h u;v-ItJ % '- ITEM NO. 17 . ADJOURNMENT. ~LfJ) M //'fJE ~. f}\, o.ie.~ City of Iowa City MEMORANDUM DATE: October 9, 1992 TO: City Council FROM: City Manager RE: Work Session Agendas and Meeting Schedule October 12, 1992 6:30 - 9:00 P.M. 6:30 P.M. 7:05 P.M. Monday City Council Work Session - Council Chambers - Review zoning matters - University of Iowa Hospitals - Eye Clinic/Melrose Corridor 7:30 P.M. - DUbuque Road Vacation/N.E. Side Street System 8:10 P.M. - Pesticide Applicaton Ordinances 8:45 P.M. - Council Agenda, Council time, Council committee reports B:55 P.M. - Consider appointment to Historic Preservation Commission October 13 , 1992 , Tuesday 7:30 P.M. - Regular Council Meeting - Council Chambers October 26, 1992 6:30 - 9:00 P.M. Monday City Council Work Session - Council Chambers Agenda pending October 27, 1992 7:30 P.M. PENDING LIST Tuesday - Regular Council Meeting - Council Chambers Appointments to the Riverfront and Natural Areas Commission _ October 27, 1992 Appointments to the Board of Adjustment, Human Rights Commission and Parks and Recreation Commission - November 24, 1992