HomeMy WebLinkAbout1992-11-24 Agenda
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IOWA CITY CITY COUNCIL
AGENDA
REGULAR COUNCIL MEETING OF NOVEMBER 24, 1992
7:30 P.M.
COUNCIL CHAMBERS, CIVIC CENTER
410 EAST WASHINGTON
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AGENDA
IOWA CITY CITY COUNCIL
REGULAR COUNCIL MEETING - NOVEMBER 24, 1992
7:30 P.M.
COUNCIL CHAMBERS
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ITEM NO.1. CALL TO ORDER.
ROLL CALL.
ITEM NO.2- MAYOR'S PROCLAMATIONS.
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a. World AIDS Day. December 1, 1992.
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
November 10, 1992, as published, subject to corrections, as recommended
by the City Clerk.
b. Minutes of Boards and Commissions.
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(1) Riverfront and Natural Areas Commission meeting of October 21, 1992.
(2) Housing Commission meetln9 of October 13. 1992.
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(3) Broadband Telecommunications Commission meeting of October 21,
1992.
(4) Planning and Zoning Commission meeting of November 5, 1992.
c. Permit Motions as Recommended by the City Clerk.
(1) Consider a motion approving a Class -B" Beer Permit lor Clean Livln',
Inc.. dba Duds n Suds, 5 Sturgis Drive. (Renewal)
(2) Consider a motion approving a Class "E" Liquor License lor Randall's
International, Inc. dba Randall's Pantry, 1 B51 Lower Muscatlne Road.
(Renewal)
(3) Consider a motion approving a Class "C" Liquor License for INC. Limited
dba The Sanctuary Restaurant, 405 S. Gilbert. (Renewal)
(4) Consider a motion approving a Class -C- Beer Permit lor Mlllermart, Inc.,
dba Mlllermart, Inc., 2303 Muscatlne. (New)
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Agenda
Iowa City City Council
November 24, 1992
Page 2
d. Setting public hearings. 15
(1) Consider setting a public hearing for December ~ 1992, on the City's
proposed Comprehensive Housing Affordability Strategy (CHAS) Annual
Performance Report for federal FY1992.
Comment: Iowa City is required to prepare a CHAS Annual Performance
Report for federal FY1992 in order to assess the City's performance in
relation to the one-year objectives set forth in the 1992-1996 CHAS
plan approved in October 1991. Public input is required and any
comments received must be addressed In the final CHAS Annual
Performance R~9ort.
(J.) Su aJdifipn
e. Motions.
(1) Consider a motion 10 apprcve disbursements in the amount of
$5,959,353.47 lor the period of October 1 through October 31, 1992,
as recommended by the Finance Director subject to audit.
(2) Consider a motion approving the abstract of the November 3, 1992,
General Electicn as certified by the Johnson County Auditor.
f. Resolutions.
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(1) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND
THE CITY CLERK TO ATTEST A SUBORDINATION AGREEMENT
BETWEEN THE CITY OF IOWA CITY, IOWA AND HAWKEYE STATE
BANK FOR PROPERTY LOCATED AT 509 S. LINN STREET.
Comment: The City's Housing Rehabilitation Program has received a
request that the City approve a subordination agreement for the owner
of 509 S. Linn Street. The owner of 509 S. Linn Street received
$23,600 In the form of a 10-year Declining Balance loan through the
City's Rental Rehabilitation Program. The current balance of the lien Is
$16,520. Hawkeye State Bank Is about to loan the owner $81,500 to
rellnance their existing contract. The appraised value is $150,000,
which provides enough equity to cover the City's second lien position
which was the City's original position.
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(2) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND
THE CITY CLERK TO ATTEST THE RELEASE OF A HOUSING REHABILI.
TATION LIEN EXECUTED FOR PROPERTY LOCATED AT 1426 FRANK-
LIN STREET.
Comment: The owners of property located at 1426 Franklin Street
received assistance from the City's Housing Rehabilitation Program on
September 25, 1987. The asslstanci, was for a total of $2,500 01
which $2,160 was actually used. This assistance was !n the form of a
flve.year, 0% loan. Final payment was made on this loan on April 14,
1992. Since payofl has occurred, this lien can now be released,
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City of Iowa C~ty
MEMORANDUM
DATE: : November 23, 1992
TO: Mayor, City Council, General Public
FROM: City Clerk
RE: Additions to the Consent Calendar
3 g.(6) Letters regarding leaf burning from:
(i) Johnson County Health Department
(j) Holly M. Berkowitz
ik.l Theresa & Bruce Guither
1 Dr. John Kammermeyer
m Pete Brokaw
(n) Feather Lacy
3-g.(B} Letters regarding traffic conditions on Lee Street from:
(k) Mirriel Bedell
3 d.(2} Consider setting a public hearing for 12/jf.[92, on the City of Iowa
City's proposed application to the State of Iowa Department of
Economic Development for HOME Investment Partnership Program funds,
Comment: Iowa City proposed to submit an application to the State of
Iowa Dept. of Economic Dev. for HOME Investment Partnership Program funds
to be used to assist a local property owner:'rehabilitate a rental housin
structure. The purpose of the HOME funds is to expand the affordable
housing stock and to promote and advance the goals of CHAS. Public
input is required by federal law.
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Agenda
Iowa City City Council
November 24. 1992
Page 3
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(3) CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE SANI.
TARY SEWER, STORM SEWER, WATER MAIN AND PAVING IMPROVE-
MENTS FOR PARK WEST, PART 1.
Comment: See Engineer's Report.
9a. 301.
(4) CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE CIVIC
CENTER NORTH COURT CONSTRUCTION PROJECT.
Comment: See Engineer's Report.
g. Correspondence.
(1) Letters requesting the City to build a pedestrian skywalk over Highway
6 from:
(al Andy Litton
(b) Ashley Lynch
(c) Chad Grems
(d) Ben Higgerson
(e) Daniel Bell
(f) Kary Engler
(g) Brandon Owens
(h) Sara Davis
(i) Melissa Lock
Ij) Cory Funk
(k) Brian
(i) Josh Pogue
(m) Stacy Coiner
(n) Mark Bridenstine
(0) Tabitha Widmer
(p) Tyler Witt
(q) Chad Griffin
(r) Scott Link
(s) Mary Lewis
(t) Tina Hutson
(ul Philip Wood
(vI Danlelle Watkinson
(w) Nick Peterson
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(2) Letter Irom Ronald F. Vogel regarding AIi American Turf Beauty, Inc.
(3) Letter Irom Herbert Hoover Elementary School expressing appreciation ;,
lor the speed zones around the school.
(4) Letter from Kathy J. Alter and Esther R. Weygant regarding an easement
problem at 506 South Seventh Avenue.
(5) Letter from Alicia Zauder expressing support lor Public Access Televl.
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Agenda
Iowa City City Council
November 24. 1992
Page 4
(6) Letters regarding leaf burning from:
(a) Audrey W. Scott
(b) James B. Boorman
(c) Carl Beyerhelm
(d) Mary Buffington
(e) Daniel and Janet Greenwald
(f) Rosie and Dale Wilhelm
(g) Sandra Wilson
,(hl ~r. and Mrs. RoM. Boqgs.
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(7) Letters regarding the Historic Preservation Plan Irom:
(a) Joy Smith and David Rust
(b) Liz Miller
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(8) Letters regarding dangerous traffic conditions on Lee Street and
Hlghwood Street from:
(a) Sarah Hanley and Malcolm Rohrbough (The following are endorse-
ments of this letter and only lhe page with comments Is attached
to the agenda.
(b) Stephen V. Arndt
(c) Jo and Cosmo Colatove
(d) Johannes LeDolter and Lea VanderVelde
(e) Susan Kaliszewski and Peter Thorne
(f) Stavros Dellgiorgis
(g) Constance Irwin
(hI Joyce and Richard Summerwill
(I) Maurine Summerwlll
(j) Robin Strtker
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(9) Letter from Lynn Lidwell regarding the Coralville/Iowa City Animal
Shelter.
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(10) Memoranda from the Civil Service Commission submitting certified lists
of applicants for the following positions:
(a) Maintenance Worker I - Refuse
Ib) Maintenance Worker III . Equipment
(11) Memorandum from the Traffic Engineer regarding parking prohibition on
the east side of the 800 block of South Capitol Street.
h. Applications for City Plaza Use Permits.
(1) Application Irom Old Capitol Merchants Association for the arrival of
Santa and transport through City Plaza in a horse.drawn carriage on
November 22, 1992. (approved)
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Agenda
Iowa City City Council
November 24, 1 992
Page 5
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i. Application lor use of streets and public grounds.
(1) Application Irom the Salvation Army for the use of public sidewalks for
the use of Christmas Kettles for soliciting funds during the period of
November 20 through December 24, 1992. (approved)
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END OF CONSENT CALENDAR
ITEM NO.4. PLANNING AND ZONING MATTERS.
a. Consider setting a public hearing for December 22, 1992, on an ordinance
amending the Zoning Ordinance by changing the use regulations of property
generally located on Jefferson and Market Streets between Dodge and Clapp
Streets from RM-12, Low Density Multl.Family Residential to RS-12, High
Density Single-Family Residential.
Comment: Residents of this neighborhood have requested that the area be
downzoned in an effort to preserve the character of the neighborhood and to
protect the area Irom incompatible redeveloment. The Planning r.r,~ Zoning
Commission will consider this request at its November 19, 1992, meeting.
Residents of the area have requested ex edited consideration of the
ordinance. k
Action: t::
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b. Consider setting a public hearing lor December 11992, on an ordinance
amending the conditions of a rezoning of a certain 95.61 acre property,
known as the Whispering Meadows tract, located south of Highway 6 and
west of Bon Alre Mobile Homes Irom ID.RS to RS-a. (Z-9013)
Comment: On November 19, 1990, Council approved the rezoning of the
Whispering Meadows tract, subject to certain conditions. CoB. Development,
Ltd. has requested that the condition prohibiting basements within the
Whispering Meadows development be amended. In ttie staff report dated
November 19, 1992, staff recommended that the conditions 01 the Whisper-
Ing Meadows rezoning be amended to acknowledge 1) the understanding that
this Is In-sequence development as It is presentiy defined In the Comprehen-
sive Plan, and 2) basements may be constructed on lots which are abutted by
a subsurface drainage system provided certain conditions are mat. The
Planning and Zoning Commission will consider this Item on November 19,
1992. In a letter dated November 17, 1992, CoB, Development, Ltd. has
requested expedited consideration.
Action: ;4t1) / Vl!/)
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Courtney/
McD/ Ivlr. Mayor, before we make a motion 10 set p.h. on this item,
I'd like to suggest to council that another consideration be
made at this point. I guess what I'd like to suggest at this time
that 111e setting of the p.h. be deferred and that we give an
oppOltunity to the property owners in the neighborhoods. in
the neighborhood to get together to see if something cannot be
worked out that would be amenable and compatible to all
involved. I was contacted by the property owner who has
stated in unequivocal terms I1mt they have given their word
that nothing would take place until they had an opportunity to
meet with various neighbors to see if some of the differences
can't be resolved. And I think that I feel at this point that if
this was a possibility I think that we should allow this to
happen or at least see if something couldn't happen in this area
before we get that involved in it. So I lay that on the table for
council considemtion at this point.
Horow/ If only for consideration the only way I would consider that
would be if this also included someone from Historic
Preservation Commission, because even though this is not a
historic zone, it certainly is nearby and the area lends to the
overall aspect of what it was. I think we've certainly have had
other developers who've worked with the neighbors and it's
worked.
Larson/ I would prefer we not lay our heavy hand on until he has
had a chance to work. He is a good developer who hasn't given
any indication that he would break his word. If he did start
building we could have an emergency meeting and put the
momtoriu1l1 on. .Just setting a p.h. would do anyway. I think
we ought to let people tlY to work things out. I am
uncomfortable with our sitting here before something has even
gone to P/Z. This was rushed to us and as long as you have got
a promise by him that nothing is going to happen. I am wllling
to live with that.
Nov/ I would still like to see something in writing.
McD/ I think that-Mr. Muller would you like to come to the podium
please and nwke a couple of simple statements as far as what
you would like to do and relate to council some of the
conversations that you and Ijmve had to reassure them that
you feel that you would like the opportunity to see if
something could not be worked out.
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it4a page 2
Jim lvluller/1l25 Seymore. I am not actually a property owner. My
wife is half owner of the property. Cindy Cook owns the other
half. I am the developer of the property. Basically the reason
I am not the property owner or it is in my name is probably
because of my business which is kind of a gray area to get into
when you are actually 11111ning a plumbing company. You
probably should not being doing this type of work but if the
opportunity is there I just as soon probably pursue it. This
whole thing kind of got out of hand a little bit and took off just
from neighborly conversations with the neighbors where we
rehabbed the house at 942. We got possession of that on July
13 or 15. I can't quite recall what the date was. And it was
done August 15. The total rehab. And some of the neighbors
which Judy has been in the property and I think she can stand
up for what has been done for that property. It is probably a
$30, 000 turned into a $78,000 house and the intent in the
neighborhood is not to go in t1lere and trash our t1le
neighborhood and build some big ugly building there. The
backgrOlUld on the thing. We had gone to 1>/2 and talked to
Monica Moen about the possibilities of building three
structures facing Evans Street. We did a property up on 209
Bloomington last summer which pretty much fits the
neighborhood as much as close as you can probably get with an
old structure that surrounds it. It is still new. It looks new
when you drive by but it does blend. It blends in there fairly
well I t1link. We have had a couple of projects that haven't
been with the best. They look llke army barracks and I will
admit it and that is probably at a disadvantage to us for being
involved in that project. But I think we are able to do the
quality of work, Work with the neighbors. Make evelybody
happy in this situation. Back to the three house item. After
talking to Monica ane! she said that was a good idea we should
probably go ahead and proceed with that concept. I talked to
the building inspector who had a meeting with one of the
conllllunity service groups in town that are looking for a
facility. And he had mentioned that he know the potential of
the lot that could develop into what we are trying to do here.
And that is where the slx-plex came into play. The six plex
IVould Hctually be attached to the old house at 942. 942 would
be used as there office space and the sJx-plex built not so much
as change-I do have the blue prints with a plat plan that
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actually shows the layout of the whole structure. I could leave
those with you if you IVant to review them. Basically they
would be using the sL'\-plex structure for their housing. It
takes a special exception for this group to come in. The first
thing I did was when the concept was brought to me I went
down and talked to Doug 13o0throy and I had mentioned to
Doug what we wanted to do. With our intent. We went
through-first I wanted to know what it took to get a special
exception. And there were seven points there that he went
down the list and he didn't see any except there was one where
it said if it devaluates the property, the surrounding properties.
If anybody has driven by that facility or by the area out there
950 is a house that we do have some people living in and it
does have a city rental permit but I am really not sure how.
The permit came along with the property when we bought it.
It -I have been in worse but I have been in a lot better. It is
borderline. Susan, I had a conversation with her and she
mentioned that all houses are savable but I think once there
gets to a point which we had Steve Shoanhorst cmd Pam out to
take a walk through to see if there IVas anything in there that
they wanted. The only thing that they wanted was a couple of
door knobs. They said the rest wasn't fit and there was no
value to them which I know it is hard to believe. I would
gladly walk you through it. So we ended up we are trying to
work with this community group to try and get a project for
them that would work for them and work for the neighborhood
and basically we had Muiler had done quite a bit of volunteer
work for this particular project when they do have a problem.
They call and we usually go out and there were a lot of times
we would do it with no labor charges or part charges. Bul I do
believe that these people have a purpose in the community.
They are in the community and they need the support also.
Larson! Jjm, I think 11 is important to get Into the record that you
will agree that If we don't set the p.h. tonight you won't start
any progress on actual construction until after we set a p.h, If'
we get to that point.
Muller! There is no problem there, The penuit is ready though. I
mean I could-they called me the other day and said it was
ready.
Nov! We all understand that it Is ready. We all understand that you
could go in tomorrow morning and pick it up, We would just
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like some reassurance that you will not do this before coming
to council again [md letting us know holV the neighbors are
getting along with this.
Muller/ AmI honest, .101111.
McD/ Yes, to my knowledge. yes you are. I have no reason to think
that you would change any commitment that you have made
and I IVould think that since you have stated this and I would
also hope tlmt you, as Naomi has said, tlmt you would keep us
informed as to how things might be progressing.
Muller/ If you would like to have your attorney write it up on a
piece of paper now I will sign it. I won't start it. If my word
isn't good enough.
Larson/ Just s the public doesn't think that we are just trusting
somebody we mayor may not know. The whole point of tlle
matter is that if you were to start construction we could have
an emergency meeting and set tile p.h. and then he IVould have
to stop so long as substantial progress hadn't been made. It is
not complete trust. A little of both.
Horow/ We have done this before with another developer in terms of
a developer getting together with the neighbors and letting the
neighbors have a real input in this and not a superficial one.
That is there property. They own those properties around
there and they do have something invested in them.
IvIuller/ If the statement wouldn't have been made about moving the
old house from 950 to the back yard of 942 I don't even
believe we would be here tonight. And that was just
neighborly talk.
Horow/ But my only reason for supporting this is in terms of getting
the neighbors involved in it. That is what my main concern is,
Muller/ I IVould just like to say that Lisa Swengle called me from the
Press Citizen today and asked me-she was trying to get me up
in arms a llttle bit and say some stuff that- I probably feel
inside but I am not going to be saying those things anymore.
Keep them to myself. And I would just llke to let It be known
that the only comment that I made to her that I wanted to be
put in the Press Citizen is that I wanted to work with the
neighbors and anythJng else that might show up in that paper
tomorrow- I know they never misquote anybody but-
Courtney/ I entertain a motion to defer setting the p.h. indeJ1nitely.
Moved and seconded (Nov/McD). Discllssion.
Larson/ Mayor, thflre are people that want to talk.
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Courtney/ I don't want to have a complete p.h. here but if you
represent the general feeling of the neighborhood we will-
Judy Sveverson/ 947 E. Market. I was in the house that the Mullers
own. Mr. Muller was in to fLx it up. They did a wonderful job.
That is what we want in our neighborhood is people to come in
and fLx the houses up. I do have a problem with a sLx-plex.
That parking lot is going to be a IS car parking lot which will
be in my back yard. That is bigger than QuikTrip. And that is
noisy and loud and I have a real problem with that. When I
think about it I get really upset. Mr. Muller has offered to sit
down and talk to us. We are willing to negotiate with lvlr.
Muller on this project. Hopefully we can come to agreement.
My only problem is that once this has all come about we realize
what zoning area we are in and even if lvIr. Muller and the
neighbors come to some agreement we can't guarantee that this
won't happen again and it has taken us what a month and a
half to get to this point and it is a lot of time and a lot of
energy. We are not lawyers and this was not easy to get this
far and to understand the steps that we had to take. I don't
want to start over.
McD/ Well, i think thought too, if i am not-if I understand correctly
though too, Mrs. Severson. even though that we might defer
setting a p.h. this is still on P/Z schedule to review the area
which they were going to do in some of their future meetings.
Now what we are doing at this point is just deferring. We do
not know what kind of review that we are going t go through.
We do not have any idea at this point what kind of
recommendation really that we will get from them. This does
not interrupt the nOl1nal schedule that would go through a
rezoning process. And that is probably going to be going
through the process over the next several weeks.
Severson/ But we are really not asking you to do anything other than
just keep the process going.
Courtney/It doesn't stop that process.
McD/We don't set their agenda. So if I understand correctly that is
scheduled for their agenda to start the review of that particular
area,
Courtney/ Maybe it would help if Monica would just track through
what the process will be from here on out for you,
Monica Moen/ The P/Z Commission has indicated a concern about the
opportunity to bullet two dwellings In the RM-12 zone. And
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#4a page 6
have looked at the issue and have deferred consideration of the
item to its Decem ber 17 meeting. So they will take up tilis
issue at that time. Following the P/Z Commission's
deliberations and if they come to a conclusion and a
recommendation and that recommendation will be forwarded
to you for your consideration.
Courtney I Then at that time we would then set the p.h.
!\'Ioenl That is correct.
Novl Well there is no point in setting a p.h. the 15th because we
won't have ]J/Z report anyway.
Moenl That is con'ect. And I am not sure actually what will come
out of Ji/Z Commission arena. It may be a recommendation to
down zone to RS-12. It may be a creation of a new zone that
would incorporate some design considerations.
McDI It may be a recommendation to leave it the same. That is a
possibility.
Moen! That is an option, yes.
Seversonl The 17th of December.
Larsonl That is really the important meeting for the neighborhood
because tileir recommendations about this area ought to be
zones are going to be velY important to council and encompass
the whole larger issue rather than just this one lot. The whole
neighborhood.
Novl I think we also have to mention that we are concerned about
other zones. If a two house lot is inappropriate on that size
zone then it is inappropliate on other streets as well.
Courtney I I would suggest that the develop and the neighbors make
use of our Neighborhood Sen1ces coordinator to get the
meetings put together. It worked velY well for the ADS
project. I would suggest-
Larsonl She is right here in the audience if you i!aven't met Jler,
Courtneyl Any further discussion.
Horowl So this is to defer until aaer P/Z recommendation.
Courtneyl Right. 111 essence what it docs it put it back on the nonllal
track of things.
All in favor (aye)
Motion passes.
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1t4b page 1
Courtney//lJoved and seconded (Horow/McD) to set p.h. for December
15. This is a change form what is printed In the agenda.
Discussion.
Novl Monica, can we have a clarification on P/Z will consider this
item on November 19. That can't be conect. That wouldn't be
December 17 also.
Moen! The P IZ Commission made a recommendation on tillS already
at its last meeting. That was Thursday evening, the 19th and
they recommended in favor of amending the conditional zoning
agreement.
NovlSo we should delete the whole sentience that says P/Z
Commission will consider this item.
Moenl Yes. The reason that it is framed that IVay is the agenda
needs to be set on Thursday morning. The Commission meets
that evening. So we are not able to predict what their action
will be so that is the reason we frame it that way.
Courtney/ Are you saying that they are unpredictable.
Novl The same paragraph said that they approved it.
Horowl I have one other comment and that is Monica it is my
understanding that the conditions t11at staff has recommended
that basements may be constl1lcted on lots which are abutted
by a subsurface drainage system provided that certain
conditions are met. By this staff does not say the basements
are going to say dry. It Is just going to say that if enough tlling
is done and enough technological advances are put into these
they can have a basement. But It doesn't say that is necessarily
going to stay dIY.
Moenl Nol They is somewhat of an expectation that given those
mechanisms that it will relieve the situation. It is not a
guarantee that the problems-that the basements will remain
dlY.
Horowl I want to get that in the record because I think-
Moenl Naomi, I think the confusion there is that It is coincidental
that the council approved this November 19, 1990. The P/Z
Commission looked at this again in November 19 of this year.
Novl And it was the staff that had a report recommending it on
November 19.
Moenl Correct.
Courtneyl Any other discussion on setting the p.h.
All in favor (aye)
Motion passes.
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Agenda
Iowa City City Council
November 24, 1992
Page 6
'j.;J. 301
c. Consider a resolution approving the voluntary annexation of an approximate
7,08 acre tract of land located north and east of the present Iowa City
corporate limits, east of Scott 80ulevard, and north of Court Street. (ANN
92.0001)
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 the subject parcel.
The Commission's recommendation Is consistent with the staff recommenda-
tion Included in the report dated August 20, 1992. No comments concerning
this Item were received by the Council at the November 10, 1992, public
hearing.
Action:
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d. Consider an ordinance amending the Zoning Ordinance to change the use
regulations of certain property located east of Scott 80ulevard and north
of Court Street Irom the County designation of RS, Suburban Residen.
tial, to RS-5, Low Density Single-Family Residential. (REZ 92-0010)
(First consideration)
'iJ- 35510
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 Irom the County RS designation to RS.5. The Commission's
recommendation Is consistent with the stalf recommendation included In the
report dated August 20, 1992. No comments were received by lhe Council
at the November 10, 1992, public hearing on this item.
Action: Jbu.6 / Jk~ ;51 (} V ./ A,
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e. Consider an ordinance amending Chapter 36 of the Code 01 Ordinances of~he
City of Iowa City, Iowa, entitled "Zoning" by adopting regulations permitting
non.required off.street parking on a separate lot in commercial and Industrial
zones. (Passed and adopted)
Comment: At its September 17, 1992, meeting, by a vote of 5.0, the
Planning and Zoning Commission recommended approval of the proposed
amendment to allow non.reoulred parking spaces on a separate lot.
Heretofore, the Zoning Ordinance only permitted reaulred parking spaces to
be located on a separate lot. The Commission's recommendation is
consistent with the staff recommendation included In a memorandum dated
September 17, 1992. No comments concerning this amendment were
received by the Council at the October 13, 1992, public hearing on this item.
Action: tJmo / )11 (/J.. .
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Agenda
Iowa City City Council
November 24. 1992
Page 7
f. Consider a resolution approving the preliminary plat of Park West Subdivision.
Parts Two, Three and Four. Iowa City, Iowa. (SUB 92-0001)
Comment: At its November 5. 1992. meeting. by a vote of 7-0. the Planning
and Zoning Commission recommended that the preliminary plat of Park West
Subdivision, Parts Two, Three and Four. a 39.lot. 31.0B acre residential
subdivision located at the south end of Teg Drive between the east and west
portions of Aber Avenue, be approved. The Commission's recommendation
is consistent with the staff recommendation included In the staff report dated
November 5. 1992.
Action: Ih1lb / 72! C j}
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g. Consider a recommendation of the Planning and Zoning commlss'~~4-
acceptance of funds which may be donated by the developers of Park West
Subdivision.
Comment: At Its November 5, 1992, meeting, by a vote of 6.0-1 (Gibson
abstaining). the Planning and Zoning Commission recommended that If monies
are donated by the developers of Park West Subdivision, the monies be
directed to the Mayor's Youth Employment Program or a like agency in the
City to be used as matching grant funds. In a letter dated November 5.
1992, Gene Kroeger and John Moreland offered to donate $5,000 for
enhancement of access to Willow Creek Park.
Action: IlnM/7J1I'f}
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h. Consider a resolution approving the preliminary and linel plat of a subd Islon
of Audltor's Parcel H, a resubdivlslon 01 portions of Lots 6 and 7 of West Side
Park Subdivision, Iowa City, Iowa. (SUB 92-0022) (60.day limitation period:
December 14, 1992)
Comment: At Its November 5, 1992, meeting, by a vote of 7.0, the Planning
and Zoning Commission recommended that the preliminary and final plat of
a subdivision of Auditor's Parcel H, a resubdlvlsion of portions 01 Lots 6 and
7 of West Side Park Subdivision. a 2.lot. 1.5 acre residential Subdivision
located on the eastern portion of West Side Park. be approved subject to
approval of legal papers by the City Attorney's Office prior to City Council
consideration of the final plat. The Commission's recommendation Is
consistent with the staff recommendation Included In the staff report dated
November 5, 1 992, The City Attorney's Office Is reviewing the legal papers.
Action: J71.~~I.IIM/J
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Courtney/ /I'/oved by Ambr, seconded by McD. Discussion.
Nov/ / hav~ a question about the traffic pattern. Does opening the
traffic-the next part of the subdivision create an outlet other
than heading towards the creek. Wasn't this the one where the
only outlet was heading towards the creek at one point.
Moen/ Teg Drive will be extended southerly and then towards the
east towards the easterly extension of Abel' Avenue. So there
will be no creek crossing with the roadway with this
development.
Nov/ Right. But there will be a Abel' Avenue cut at this point that
will take people to Sunset.
Moen/ That is correct. Teg Drive will be extended southerly and
easterly to connect with Abel' Avenue that goes towards
StU1set. That is correct.
Courtney/Any further discussion.
Roll call-
The resolution is adopted.
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Courtney I t-.'loved by Ambr, seconded by McD. Discussion.
John Moreland! I am one of the co-developers of this project. There
is a couple of reasons that I want to come up here tonight and
one of tilem is part1y because of Susan and Naomi's concern
with the first phase of the project. We have got that completed
at this point. And we have done the culverts the way we said
we were going to. The grading is done. We had I think
approximately four and half inches of rain between Friday and
Sunday and after being over there myself and visiting with the
neighbors, the situation is actually better than the way it was
before. A lot of the drainage that we have done has gone down
stream. This is upstream. And that has worked out to the
benefit of everybody I think. And the real reason that I really
want to come up here to thank John Dane for selling this
property and his offer to donate approximately ten acres of his
40 acre parcel to the City of Iowa City. Willow Creek Park is
extremely over crowded at this point with soccer and
evelything else and parking is a problem there and everything
else and I t11ink that I am just glad to be a part of this Wit11
John Dame because he has lived here all of his life and I have
lived mine here and tile opportunity to c,\:tend that park is
going to benefit everybody over there and I think, if possible, I
would like to have that park named after him if the city council
can do that or if evelybody can at the point which John has
said he is going to do at some time either before the end of the
year or the first part of next year. Not too many times
developers get the chance to be able to be involved in
something where it benefits evelybody with parks and
evelything and I thank that John should be commended for
that Thank you.
Courtney I If you could get in touch with P/R COlJlmission they would
slart any processes on that sort of thing.
Any other discussion on the recommendation.
All inlilVor (aye)
Novl I think we could echo our thanks to John Dane also.
Courtneyl Thanks, John.
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Agenda
Iowa City City Council
November 24, 1992
Page 8
I. Consider a resolution approving the preliminary plat of Southwest Estates,
Parts Five and Six, a subdivision of Johnson County, Iowa. (SUB 92-0023)
Comment: At its November 5, 1992, meeting, by a vote of 7.0, the Planning and
Zoning Commission recommended approval of the application submitted by Seville
Corporation lor a preliminary plat for Southwest Estates, Parts Five and Six, a 39.
lot residential subdivision located at the present terminus of Phoenix Drive,
subject to approval of preliminary stormwater calculations. The Commission's
recommendation is consistent with the staff recommendation Included In a report
dated November 5, 1992. The preliminary storm water calculations have been
approved by the Department of Public Works.
Action: /h;(l; / 'Yh c f}
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ITEM NO.5- PUBLIC DISCUSSION
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ITEM NO.6- PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND
ESTIMATE OF COST FOR REMODELING OF THE CIVIC CENTER MAIN LOBBY.
Comment: Remodeling of the Civic Center Main Lobby consists of removal of the
existing counter and construction of a new enclosed information booth and copy
center with A TM and handicap telephone facilities. Installation of a fire protection
system and upgrade of lighting, hea'ilng and cooling are also Included. Estimated
cost of construction Is $52,000.00.
Action:
1\0 tntV ~M~.
ITEM NO, 7 - CONSIDER A RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF
CONTRACT AND ESTIMATE OF COST FOR REMODELING OF THE CIVIC CENTER
MAIN LOBBY, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY
EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS
AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS AT 10:30 AM ON
DECEMBER 15, 1992.
Comment: See comment above.
Action: j'}t c.f). / 1kt6
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Courtney / Public Discussion-
Rufine AnciaLLx/Senior Center Commission. Of course is a big month
for us as it is for evelybody. There are a couple of noteworthy
events that we would like to bring to your attention. One is the
Holiday Bazaar which is held on the 6th of December. This is a
Sunday afternoon from 2-4 PM. And this is crafts and tllings'
that they've spent a long time preparing so that children from
3-12 can purchase them as gifts for their parents and siblings
and that they can then give them as gifts. These are made and
presented at a velY minimal cost so they could participate in
the Christmas gMng as well as the receiving. It is a velY
worthwhile thing and velY heartwarming to see this done.
Any and all of you that would like to see that again, it is
Sunday, December 6 from 2-4 PM> I think it would be a fun
thing just to visit. Then on Thursday December 10, 7:30, the
Iowa City Community Theater is presenting the Dining Room
and tillS is a benefit for the Senior Center Commission, We
have refreshments to go with this and the cost is $10 and we
plan to use this amount and we are hoping to make $2,400 to
put in two of the door openers for tile front doors for those
who do need help. We feel it is a velY velY good thing to have.
We have tllem on other doors there and I think with some of
our older people not being as hail and hearty as I am we do
need these. So hopefully we will be able to make this work
and make the amount of money that we need. Again we
extend an invitation to all of you who would like to attend that.
I understand the play Is excellent and we hope the
participation is everybody, not only slmior citizens but the
community as well and it wl1l help the selllor citizens. Thank
you,
,Courtney/ Thank you. Anyone e]se-
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Courtney/ Moved by McD, seconded by Ambr. Discussion.
Larson/ Steve would you tell us why we need this.
Atkins/ Well, several reasons I think. #1 is that our existing
information booth is not accessible to the handicapped with
respect to anyone coming into the building who would like to
come to the information desk and receive information.
Secondly we would like to install the A TM machine. As many
of you know many of the transactions that occur at the
Treasurer's Office. Particularly like in parking and tickets and
so forth require cash and often times folks come in and do not
have the cash.
. Larson/ Why isn't it accessible to handicapped.
Atkins/ If you look at it the handicap catU10t pull up to the counter
and actually do business with someone l1lere. They GUl get
into the lobby. The telephone, for example, is in the police
,'depart.ment. That also is not handicap accessible. The ATM
machine would also again be accessible to those folks. We are
, going to bring some of our duplicating equipment out of l1le
· itU1er paIt of the building and bring it out here so that also can
. ,'beaccessible. SO the whole intent- also bring the lobby up to
, . . .."fJrecode.,
, ,.' ,'larson/Thislsall to make everything comply with the ADA.
,'" . ',Atkins/Yes. ADA had a substantial-remember we had to postpone it
"\,':,,: '., '.'Iast time because we had a little design problem with respect
, ," i' . ',toADArequirements and we have now fullllled them.
"i:.:::'r,' 'r.arson/Golng to get more efficiency out of the new lighting, heating
;,<' , ":' ,/,' and cOJllng.
". " ',Atkins! I would certaInly hope so because that is some of the intent
" " ofthe tiling. What we are trying to do is when we finish doing
that and we can move our word processing center out, we
i\f.{;!;,,:i/'I/<" ," '.,' ", mit~I~:~~~k~o~I~~k~o ~~~\~;~~~~la~~~ ~~~l~L~~~;.,~~~V~~~loit to a
,:,;.'?/:!i;:L"'"",' .... . meeting rooms for use in this building besides this one. SO that
;%i:%i!i':;[[:!i':}:::;\i,,::,i is all sort of a package deal.
';fM!(X~}W::r;:',,:\NovITellU1e why you enclose the inJbrmation booth.
~}i'1i:::\:";ij}i;':):;';;::;AtklnsISecurity. The equipment that we will be putting back there.
;k~(W;iij!.:\;;~I::', T1~e du~llcating equipment. The lo.bby is o~:en 24 hours and it
1l1;Mt;Yi:;';;:?>:,.ls Just nght now we do secure the lax machme under there
':~bihW:;;W!X",wlth a lock and key. But you can [oind peopl~ ~vandering
'f;l~~i'~(;}',i\!;,{around in there and I would Just feel better III ad the whole
-'\1"" is, tiling secure.
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Nov/ And it will have a wide enough opening so people will get in
and out with wheelchairs when it is not secured.
Atkins/ Yes.
Larson/ I think it is important whenever we spend money on public
facilities in the seat of government that we explain. Not just
question those with the purse strings.
Atkins/ This is clearly intended to make tllis building more
accessible to the public from all perspectives. I can recall
shortly after my arrival I remember Bili mentioning
specifically to me that happen to be one of the long term goals
that we were going to do everything we can. We are just
simply pecking away at satisfying that goal.
Larson/ The timing is right together with the other renovation and
addition. Thank you velY much.
Courtney/Any other discussion on this item.
Roll call-
The resolution is adopted.
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Agenda
Iowa City City Council
November 24, 1992
Page 9
ITEM NO.8- ANNOUNCEMENT OF VACANCIES.
a. Vacancies Previously Announced:
(1) Design Review Committee - One vacancy for an unexpired term ending
July 1, 1995. (Kay Irelan resigned.) This appointment will be made at
the December/~ 1992, Council meeting.
(2) Board of Examiners of Plumbers lor a representative of the public for a
two-year term ending December 31, 1994. (Mike Dreckman's term
ends.) This appointment will be made at the CSQsmbar 22, -1-992;
Council meeting. ~ 5 {qqs
ITEM NO. ft. CITY COUNCIL APPOINTMENTS.
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a. Consider an appointment to the Board of Adjustment for a live. year term
ending January 2, 1998. (John Pelton's term ends.)
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Consider appointments to the Human Rights Commission to liII three
vacancies for three.year terms ending January 1996. (Terms of Rosalie Starr,
Dorothy Paul, and Haywood Belle end.)
Action: JPa;:tiZ../:""J lk.u4; 7/1 MlIlnd
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c. Consider appointments to the Parks and Recreation Commission to fill two
vacancies lor four.year terms ending January 1, 1997. (Terms of Debora
Liddell and Todd Welk end.)
Action: /"--Ofl#' /{JpJMWLV'
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ITEM NO. 10 - CITY C;OUNCIL INFORMATION.
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Courtney/City Council information
Larson/ Do I get to use all of Karen's time too.
McD! Randy, we did set the goal for 8:30 ton.ight.
Larson/ I heard that you had a wage that we would get done by 8:30
and I only have got...
I wanted to make a couple of comments about the leaf burning
ban. First of all I wanted to say I appreciate the Press Citizen's
educational efforts because they were extensive and that was
the good thing about revisiting this issue I think. The only
exception I would take with the article today I think was
pretty good but it wasn't just the health and environmental
concerns that led me to decide that we should stick with the
ban but also our fire chiefs strong recommendation that we
stay with it. So on matters of police and fire matters in
particularly I tend to give great weight to their
recommendations. So that had ,m impact with me also. My
only quibble with the article was that it quoted me correctly
saying I am very willing to change my mind if I was wrong to
begin with. I think I am almost unique in that, as a politician,
to be willing to change my mind. In this case I just want to
make it clear that I did vote for the ban to begin with.
McD/ I have never known him to be wrong.
Larson/ I thought it made some confasion there that I was one of the
four people for the ban to begin with. If I changed my mind
about anything it was just that I didn't want to change the ban
that we instituted. I just want to say that I think it was good
that we revisited it and that we looked to see whether the
city's efforts to take care of the leaves were working well and I
am convinced that they are and I am glad to see that we could
take care of the leaves without burning them. I will let
everything else wait until the holiday schedule talk,
lIorow/ Naomi, Bill and I had an absolutely wonderful time at the
open housing at the housing of engine 1t3. That was fun. God, in
her InJ1nite wisdom, had it rain so we had an automatic
baptism. It was great. And we actually did push the engine in.
Sort of.
Nov/ They did have the motor running in reverse,
1I01'Ow/ None the less we were out there pushing it. The thing that I
was excited about was the fact that there were so many of the
mutual aid fire departments there. They all brought their
engines and proceeded to parade through the city. But those
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members of those fire departments with Iowa City and
Coralville really really do pull for each other, support each
other, and are genuinely excited when something like this
takes place and I suspect we are going 10 see some more
housing dotted around Johnson County and the area. They
really enjoyed themselves and it was good to see the exchange,
Their families were there. We just had an awfully good time.
Now that didn't take so long, did it John.
McD/ I like 111<1t. God In her infinite wisdom...
Co Ultney / Every year when the holidays schedule comes up we run
Into many many conllicts on our scheduling wilh council
meetings and it is one of the tougher decisions tlmt end up
being made. It appears like December is going to be cut down
to two meetings. One on the 14 and one on the 15. The 14 is
an informal and tlle 15 is a formal session. .lust so that 111e
press can get that out. It would normally be meetings on the 7,
8 mld 21, and 22. Former Mayor McD informed me we never
had a council meeting on the week of Christmas holiday and
the City Clerk Is going to check that out and see If that is true
or not. We do have many contlicts so If you can get the IVord
out. 14th and 15th will be 111e meetings In December. In
]anuaIY for council's Information we are scheduling a few
budget sessions. It is going to be real easy this year. It
shouldn't take long.
Larson/ What will our next council meeting be In]anuary.
Courtney / We will have our regulm' council meetings on the 4th and
5tll. Those are normally scheduled. Budget session
CHANGE TAPE TO REEL 92-104 SIDE 1
Courtney/ And another budget session on the 14th, 5:30-9:30,
Tuesday and Thursday of that week, Then normal sessions on
the 18111 and 19th. Part of the 18th meeting will be finishing
up the budget. And then when we get Into February we will be
hm~ng p.h. on the budget and so on.
Larson/ Wlmt happen to our procedure of tlying to schedule these
things jointly. We have always sat down and discussed when
our budget meetings are going to be. Worked out everybody
schedules. Did you just change that this year.
Courtney/ Do you have a problem wJth some of them.
McOl Obviously he does.
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Larson! Purely a process question. I think it is better if council
decides together when their meetings are going to be rather
than-
Courtney! Well, evelyone had prelly much informed Mmian of their
vacation schedule during the season and so forth and frankly It
was the only nights left.
McD! Are you talking about January.
Larson! I am talking about Janumy. I didn't have any problems
with the city council meetings in December. We have aiways
just sat down and decided when we were going to do budget
meetings.
Courtney! Well we have one council person that is going to be gone
for a full month. We have others gone for a week at a time.
Others gone for a week and a half and that is it all fits in.
Those are the times that are left.
Larson! I am not going to miss one. My question is about the
process.
McD! As far as the budget meetings since those are scheduled
informal meetings, really. We do have some flexibility there.
For example, I might have a problem on the Thursday night
meeting. But we can talk. There is some l1exibility built in
there.
Courtney! I have to deal with the staff on these things too and when
, they can get the things ready for us.
McD! Okay.
Courtney! The only other Item I had tonight since we won't have
anotiler meeting before tile school bond referendum vote
comes up. I would urge evelyone to get out and vote on
December 8th. TIY not to editorialize much here but In the
past year we have had220 new housing starts in Iowa City and
we have had applications for annexation for an extra 600 and
some acres and the schools aren't going to get any emptier.
, Novl We also ought to explain that there are two questions on the
ballotthlstlme. The bond issue was split and people should
serIously consider voting both questions but II' YOll vote for Just
the second on It doesn't count. You have to vote for the first
one first. It Is complicated,
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Agenda
Iowa City City Council
November 24, 1992
Page 10
ITEM NO. 11 _ REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY.
a. City Manager.
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b. City Attorney.
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ITEM NO. 12. CONSIDER A RESOLUTION AUTHORIZING THE ADOPTION AND SUBMISSION
9J' ,",I:) OF A COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY ICHASl ANNUAL
PLAN FOR FEDERAL FISCAL YEAR 1993, UNDER TITLE I OF THE 1990
CRANSTON.GONZALEZ NATIONAL AFFORDABLE HOUSING ACT, INCLUDING
ALL THE NECESSARY CERTIFICATIONS AND DESIGNATING THE CITY
MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER FOR 'THE CHAS.
Comment: Iowa City Is required to prepare a CHAS Annual Plan lor FY1993 In
order to be eligible for certain lederal funds. The document also provides an
opportunity lor the City to review Its affordable housing needs and goals
addressed In the FY1992 Plan. At Its November 10, 1992 meeting, the Housing
Commission recommended approval of the CHAS Annual Plan. At the City
Council meeting on November 10, 1992, citizen comments were received
regarding the draft CHAS document. The comments received during the public
comment period have been addressed. The City's responses can be found on
page 29 of the report. A copy of the revised CHAS Is Included in the City
Council's packet. Adoption 01 lhe CHAS document will allow the City and other
agencies to apply for various federal housing program funds that will enhance the
City's ability to address Its affordable and supportive housing needs.
Action: ~~/~M~
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Agenda
Iowa City City Council
November 24, 1992
Page 11
ITEM NO. 13. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY
CLERK ATTEST AMENDMENT NO.2 TO THE AGREEMENT TO DEVELOP A
COMPREHENSIVE WATER SUPPLY PLAN BETWEEN HOWARD R. GREEN
COMPANY OF CEDAR RAPIDS, IOWA AND THE CITY OF IOWA CITY TO
PROVIDE SERVICES TO PERFORM A COMPREHENSIVE WATER DISTRIBUTION
SYSTEM ANALYSIS.
Comment: This Amendment No. 2 provides consulting engineering services to
analyze, evaluate and recommend improvements to the City's water distribution
system. Analysis of major feeder lines and extensions, pumping and storage
requirements and system'wide pressure control Is included. The total cost of this
amendment is $70,000.00. CIlI ~ ~ .
Action: \I IJ1J..W ) ~ d~",.J jA/~~l1.J:t;'Z.
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ITEM NO. 14 - CONSIDER A RESOLUTION TO DESIGNATE TWO STORMWA TER MA~NT
'1J - 313 FACILITIES ADJACENT TO HICKORY HILL PARK AS PARKLAND.
Comment: There are two parcels of city-owned property adjacent to Hickory Hill
Park, both 01 which serve as storm water management facilities. One parcel (43
acres) Is located north of the park, and the other parcel (49 acres) Is located
primarily east of the park, and north of Regina High School property. Much of this
land is already being used as parkland. This resolution would officially designate
the storm water management areas as parkland, but stili recognizes their primary
lunctlon as water detention areas. Management and maintenance responsibilities
(except as it pertains to stormwater Issues) would be turned over to the Parks and
Recreation Department. In eflect, this Increases the size of Hickory Hili Park form
98 acres to 190 acres. The Parks and Recreation Commission supports this
resolution, and there has been substantial support from the general public to take
such action.
Action:
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ITEM NO. 15. CONSIDER AN ORDINANCE INCREASING THE HOTEL AND M6TEL TAX
(SECOND CONSIDERATION),
Comment: Voter approval was received at the Nqvember 3rd election to Increase
the hotel. motel tax Irom 5% to 7%. This ordinance must be acted upon and
published to allow Implementation 01 the Increase on January 1, 1993. The
Director of Revenue and Finance has been notified pursuant to State Code.
Action: JI1,J-{) / ~
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Agenda
Iowa City City Council
November 24, 1992
Page 12
ITEM NO. 16. CONSIDER A RESOLUTION RESCINDING RESOLUTION 84.45 AND ESTABLISH.
q:J- 3/4 ING A NEW POLICY FOR,USE OF FUNDS DERIVED FROM THE HOTEL-MOTEL
TAX.
Comment: See comment above. this resolution reallocates hotel-motel tax funds
based on discussion at Council's work session of August 3, 1992.
Action: 'YYL ( f)./ ,~
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ITEM NO. 17 - ADJOURNMENT.
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#16 page 1
Courtney/ Moved by McD, seconded by Horow. Discussion.
We did have a slight change in the wording in the packet in the
weekend and it was primarily a rounding to 7 and 3 instead of
using the 7.18 and 2.8 what ever it was.
Any further discussion.
Roll call-
The resolution is adopted.
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City of Iowa City
MEMORANDUM
DATE: November 20, 1992
TO: City Council
FROM: City Manage
RE: Work Session Agendas and Meetin9 Schedule
November 23, 1992
6:30 - B:OO P.M.
6:30 P.M.
7:00 P.M.
7:30 P.M.
7:40 P.M.
Monday
7:55 P.M.
City Council Work Session - Council Chambers
- Review zoning matters
Open Burning Policy/Leaf Burnin9
- Lighting for Boys' Baseball
- City Council agenda, Council time, Council committee
reports
- Consider appointments to the Board of Adjustment,
Parks and Recreation Commission and Human Rights
Commission
B:OO P.M. - Special Council Meeting - Executive Session (Pending
Litigation)
November 24, 1992 Tuesday
7:30 P.M. - Regular Council Meeting - Council Chambers
November 26, 1992 Thursday
THANKSGIVING DAY - CITY OFFICES CLOSED
':..
November 27, 1992
HOLIDAY - CITY OFFICES CLOSED
Friday
PENDING LIST
Appointment to the Design Review Committee - December B, 1992
Appointment to the Board of Examiners of Plumbers - December 22, 1992
. .-...--...................M...__."__...