The URL can be used to link to this page

Home My WebLink About1992-12-15 Agenda IOWA CITY CITY COUNCIL i i i I' I ! ; I I I I i I I I I I I I ! i I ! AGENDA SPECIAL COUNCIL MEETING OF DECEMBER 15,1992 7:30 P.M. COUNCIL CHAMBERS, CIVIC CENTER 410 EAST WASHINGTON I, I ,I .\ i.' .i , I I I ~ . I I I I I 1 i I i I I ! I I l ! 1 ; l I J I i I J i I, I \ " , j ! I ; '~'i , /i //../' , I '."1 ., , ' '" AGENDA IOWA CITY CITY COUNCIL SPECIAL COUNCIL MEETING. DECEMBER 15, 1992 7:30 P.M. COUNCIL CHAMBERS ~ ~. ~ fI1~ f,uv 1J/~ ~ 711~ ~ ROLL CALL. ~kv JJ~ CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. ,..', ITEM NO.1. CALL TO ORDER. ITEM NO.2. a. Consider approval of Official Council actions of the special meeting of November 23, 1992, and of the regular meeting of November 24, 1992, as published, subject to corrections, as recommended by the City Clerk. b. Minutes of Boards and Commissions. I , (1) Board of Examiners of Plumbers meeting of November 10, 1992. , ,. I j I (2) Planning and Zoning Commission special meeting of October 29, 1992. , I I (3) Planning and Zoning Commission meeting of November 19, 1992. I (4) Airport Commission meeting of October 27, 1992. I (5) Senior Center Commission meeting of October 19, 1992. ' '. (61 Parks and Recreation Commission meeting of November 18, 1992. (7) Board of Library Trustees meeting of November 18, 1992. . ' (81 Board of Adjustment meeting of November 12, 1992. . (9) Broadband Telecommunications Commission meeting of November 18, 1992. c. Permit Motions and Resolutions as Recommended by the City Clerk, (11 Consider a motion approving a Class 'C' Liquor Permit for Yen Ching Restaurant, Inc., dba Yen Ching Restaurant, 1803 Boyrum St. (Renewal) (2) Consider a motion approving a Class 'E' Beer Permit for Randall's International, Inc., dba Randall's Pantry, 1851 Lower Muscatlne Rd. (Renewal) (3) Consider a motion approving a Clas~ 'C' Liquor License for Gabe's, Inc., dba Gabe's Oasis, 330 E. Washington St. (Renewal) (4) Consider a motion approving an Outdoor Service Area for Gabe's, Inc., dba Gabe's Oasis, 330 E. Washington St. (Renewal) "I " , -. Agenda Iowa City City Council December 15. 1992 Page 2 (5) Consider a motion approving a refund for a Class 'E' Beer Permit for Millermart, Inc., dba Millermart, Inc., 2303 Muscatlne Ave. 92_ 3 IS (61 Consider a resolution to refund Cigarette Permit to Soho's. 1210 Highland Ct. 92. - 3/1. (7) Consider a resolution to Issue Dancing Permit to Gabe's, 330 E. Washington St. d. Setting public hearings. (1) Consider setting a public hearing for January 5, 1993. to amend Chapter 17 of the Iowa City Code of Ordinances (the Housing Code). Comment: The Iowa City Housing Commission at Its regular meeting of December 8, 1992, recommended unanimously to approve a proposed amendment to the Iowa City Housing Code. The proposed amendments would Increase the level of fire safety in rental housing. Included In the Council packet is a memorandum from Gary Klinefelter, Senior Housing Inspector, describing the Housing Code amendments. e. Resolutions 9Z- 31? (1) CONSIDER A RESOLUTION ADOPTING SUPPLEMENT NUMBER 55 TO THE CODE OF ORDINANCES. q2 - .31'1 (2) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A MORTGAGE REGARDING A PROMISSORY NOTE FOR PROPERTY LOCATED AT 418 FIFTH AVENUE. I. . Comment: The owners of the property located at 418 Fifth Avenue received a three year, 3% loan In the amount of $1,000 through the City's Housing Rehabilitation Program on July 18, 1990. On December 4. 1992, the owners made 'a lump sum final payment. Since the payoff has occurred, the City can now release the lien. -1.2-=jJ~I____~31 CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE 1992 MAINTENANCE AND REPAIR PROJECT . CAPITOL AND DUBUQUE STREET PARKING RAMPS, Comment: See attached Engineer's Report. 12- 320 (4) CONSIDER A RESOLUTION ACCEPTING THE WORK FOR-HIGHWAY 6 INTERSECTION IMPROVEMENTS PROJECT. Comment: See Engineer's Report, ", ....;. '., . " ,J . " .' .,'" . "'\ , . ;,' , ":' ,.." . ',<, ",7'"'/.' '. '):-"1'" 't:...../.j fl' '":"/" . -:..... . ~,"". ..,..."c...".,I'.'..., ,_ ,';'. 'L ", '" , . , :',' ;., '.. Agenda Iowa City City Council December 15, 1992 Page 3 92- 3-" (5) CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE CIVIC CENTER COUNCIL CHAMBERS REMODELING~ Comment: See Engineer's Report. 92..322. (6) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN A RIGHT.OF-WAY ASSURANCE STATEMENT FOR FEDERAL AID PRO. JECTS. . . Comment: This resolution will provide assurance to the State and Federal Highway Administration that the City will comply with the 1970 Uniform Relocation Assistance and Land Acquisition Policies Act on all projects using federal ald. This is a yearly statement that is a require- ment for receiving federal aid funds for projects. Public Works recom- mends approval. A copy of the Assurance Statement is attached. f. Correspondence. (1) Letter from Ossama Elwakeil requesting construction of a stairway to accommodate pedestrians in the Ellis Avenue area. (2) Letter from Beverly Fahey regarding parking in the Capitol Street Ramp. , ; I J (3) Letters regarding cable television refranchising from: 1 I , (al Ed McCollister , 1 (b) Petition with 41 signatures I , I : (4) Lellers regarding the Iowa City Airport relocation from: i I (a) Johnson County Board of Supervisors , , . , (b) Deborah L. Klemp , .1 1 ; (5) Letter from Dale Shires, County Extension Education Director, regarding proposed annexation and the relocation of the airport, (6) Letter from Iowa Iowa Festival representatives requesting funds from the recently increased hotel/motel tax. (7) Leller from Mary New, President of the Iowa City/Coralville Convention and Visitors Bureau requesting continued financial support of the Johnson County Heritage Museum. (8) Leller from James E. Clayton regarding light pollution. (9) Letter from Jaroslaw and Christina Pelenski regarding hazardous walking conditions on Lee Street. (101 Leller from Robert A. Jackson, Executive Director of the Mental Health Center, expressing appreciation for financial support from the Communi. ty Block Grant funds. ....1 " , -. Agenda Iowa City City Council December 15, 1992 Page 4 (11) Letters supporting the placement of deer crossing signs from: (a) Karen Thielman (b) Thomas Meder Ie) Amy L. Wilcox d) James D. Herd and Patricia J. Lohmann (12) Letter from Victoria Gilpin and Jim Swaim, Co.chairs of the Downtown Task Force, requesting Council's consideration of additional police officer for foot patrols for the downtown area. (13) Letter from Rick and Kathy Funk supporting the construction of a pedestrian crosswalk over Highway 6. , (14) Memoranda from the Civil Service Commission submitting certified lists of applicants for the following positions: (a) Maintenance Worker 111 - Water (b) Treatment Plant Operator. Poliution Control ~N I I I I ~ I . )n\D~ I I I ! I I i I ~ , , , :~ ~/~ I~ .h. Q..o END OF CONSENT CAlENDAR - - f ITEM NO.3- PLANNING AND ZONING MATTERS. a. Consider setting a public hearing for January 5, 1993, on an ordinance amending the Zoning Ordinance by changing the use regulations of certain property, known as Lots 13 and 14, Block One, Braverman Center Subdivi- sion, located on Pepperwood Lane east of Keokuk Street, from CO.1, Commercial Office, to CC.2, Community Commercial. (REZ 92.0014) J. Comment: In a leller dated December 4, 1992, the applicant, Ann Donahue, requested expedited consideration of the rezoning due to Council's altered December meeting schedule. The Planning and Zoning Commission is scheduled to consider this case at Its December 17, 1992, meeting. ~/Jk Action: dt 1Z1~ !\LCD ~ : I i i I -. Agenda Iowa City City Council December 15, 1992 Page 6 q2-323 q z. 321 , ~~ . ~ e. Public hearing on a resolution adopting the Iowa City Historic Preservation Plan. Comment: At Its October 13, 1992, meeting, by a vote of 6-0, the Historic Preservation Commission recommended adoption of the Iowa City Historic Preservation Plan. The Historic Preservation Commission and the Planning and Zoning Commission had a joint public hearing on the Historic Preservation Plan on October 6, 1992. The Council's hearing on this item has been continued from the November 10, 1992, meeting. Comments concerning the plan were received by Council at the October 27 and November 10, 1992, hearings. As discussed at the November 9 Council work session, the Pian has been revised according to the allached memorandum from Douglas Russell. Action: 1Lw/ ~ flf11f1 fAJ//I1 JJf)fiYld11if/,1 , . attf ~~ f I ~~ f. Consider a resolution adopting the Iowa City His ric Preservation Plan. Comment: See item e. above. Action: g. Public hearing on a resolution amending the Iowa City Comprehensive Plan by incorporating the Iowa City Historic Preservation Plan Executive Summary and the Neighborhood Strategies. Comment: At Its October 15, 1992, meeting, by a vote of 6.0, the Planning and Zoning Commission recommended that the Comprehensive Plan be amended to include the Executive Summary and the Neighborhood Strategies from the Historic Preservation Plan. This hearing has been continued from the Council's November 10, 1992, meeting. Comments concerning this Item were received by Council at the October 27 and November 10, 1992, hearings. As discussed at the November 9 Council work session, the Executive Summary has been revised according to the allached memorandum from Douglas Russell. IrJRAdU~ CA4/~ h. ~t?~, Consider a resolution amending the Iowa City Comprehensive Plan by Incorporating the Iowa City Historic Preservation Plan Executive Summary and Neighborhood Strategies. Comment: See Item g. above. Action: ,~/n tJ1~d- ~~ . "('1 " , ' I ! i , i I I ! i, ; , , ; , 1 ,I ,1 , I 1 I ! ! 1f3e page I Courtney/Before I open the p.h. I need a motion to accept the correspondence that we have received on this. J\'loved by Nov, seconded by IIorow. Discussion. All in favor (ayes) I would like to open the p.h. on tltis item. Doug Russell/ The chair of the lIP Commission. I would like to thank the mayor and the councilors for this third evening of p.h. on the HP Plan. I will be very brief. The council has requested amendments to the plan which have been made. They are included in the materials that you have before you and are attached to the executive summmies document and the neighborhood strategies document. I think that the amendments indicate that the comlllission wants to be conciliatory of all of the elements that an interest in the plan and we want to work with the city council now and in the future. We hope that these are sufficient to answer your concerns, There has been a great deal of public support presented to the city council and at p.h.s and letters to the council and to the cOlllmissioners and from the comntissioners of this plan. We 11unk 111e adoption of the plan will do what it says. Make a good conullunity belter. And we urge its support by all the members of 111e city council and we hope that you would vote this evening and approve this resolution and the following resolution to incorporate certain language of the plan into the Iowa City Compo Plan. Thank you. Pat ~ I am here just one more time to speak briel1y to you ~e~\v>( about something that means so much to me. Fifteen years ago I belleve I stood for my first time with my knees quaking at this podium and three of you were here, Mr. Courtney, Mr. , McD. and Mr. Ambr. And the topic was the Northside historic district There was allot of misinformation about that at that time 15 years ago but times have changed and I hope that you all are feeling comfortable and well informed with our lIP Plan. I think we really need this plan for Iowa City. To make Iowa City better place for this reason. We think of properties in Iowa City as square feet and units. There Is nothing else. II' you have enough square feet and it is zoned right and if you can get enough units on it you can build an apartment in it, If you can. I don't think people in the 900 block of Jefferson and ",'1 , I , , .( I i I , ., ) , " I ! ",', , "I I , ' -. #3e page 2 other places around tile City should have to be so upset because a non conforming building is going up in their neighborhood. That is why I tilink that this addition to our plan will give this added dimension that we don't have. It is like looking at people as meat. We look only at property as square feet and the units that you can build on it. What we want is a Iitlle design re\1ew and some of the principals of HP which add to the beauty and integrity of our cities. We need these. But this is only the beginning. So realize that when you vote for this we are not putting anything into the zoning law that will change anything from the way it is today. I hope that you not only support the HP Plan but that you will help work and support the individual incremental changes that are made in the law that have been suggested in the preservation plan. Please do tilis for Iowa City. Thank you. Ambr/ Pat, tilanks for the recognition in your opening remarks. If Courtney, McD, and Ambr. were here we were in the audience. Courtney/None of us have been here 15 years.... Sue Feeney/President of the Northside Association and we did a little survey of the Brown Street area to give you even further proof and I would like to present you guys with a petition. That is something you can take and also we did a litt]e color code map and this gives you the proof 01' the people that have signed it. The ones that are in red were the people that were in favor. The ones in blue were not in favor and we had some in orange that were either out of tOIVn rental property type situation or we weren't able to contact them or maybe they had not any strong opinions about this. So-Out of the 83 houses in this area we surveyed, 51 were in favor, 3 were not In favor, and 28 we just don't knolV which way they prefer. So as you can see there is a pretty strong percentage of people up on Brown Street and] feel that that is the IVay it is in the Northside. So I would like to say timt the Northside Association would really like you to adopt the HP Plan and help continue preserving our northend and other older parts in Iowa City. Thanks. Lori Robinson! I am Fxecutive Director 01' the Johnson County Historical Society and Director 01' the Society's Heritage Museum. The Museum as you may be aware is experiencing veIl' rapid growth. Over the last I'our years our membership has quadrupled. During the same period the number 01' -. #3e page 3 Museum visitors has risen from 600 a year to 6,000 a year. An increase of 1,000 percent. The number of people attending museum programs has grown from 250 a year to 5,000 this year. An increase of 2,000%. These numbers indicate to me a rapid expanding interest in local histOlY. People are looking for their roots. Now in Iowa we know that roots are important. You can grow COI11 and you can't grow soy beans without good roots. The IUI111an conll11unity too needs its roots. As a community we experience our roots in the built environment. In the houses and shops and schools buildings and asylums that we choose to preserve and I urge you to support the Commission's preselvation plan. The plan provides a means of choosing what to preserve in a rational and orderly way. It permits our community to nourish its roots. Thank you. Courtney/Any oti1er comments on this item. Bill Teny/ 3573 Hanks Drive Southeast. I am definitely in the minority. I can see that right noW. And yet I have no problem with preservation of older homes and of he integrity of the Northside and its neighborhood, My problem is that I feel that we are putting another ordinance on the book and it is just going to be something else that is going to become very grandiose and another level of bureaucracy and in this day and age witi1 the tight money I can see more support staff being hired. I have come up with some rough figures. Right off probably within two years you are going to have a staff of $100,000 plus benefits. I think that a\1 you have to do is drive around north end Iowa City. You see people maintain their homes. You see them re-painting them and taking them back to what they were like when the homes were built. I think that to have this is superfluous and needless at this time. Now if you will bear with me. I would like to have a coupje of questions answered if I could and one of them is what is going to happen if the little widow lady up on Ronald Street or Johnson Street wants to paint her house. Does she have to go to the city to get a special permit to paint that house. Courtney/No. Kubby/ Paint is not included. Terry/You say that noW but will that change next year. Gentry/No. Horow/ Hasn't changed the past four years the HP Commission has been working with this. ,_~"~-.-P~.-"'.T "I , , , I , i I 1 i I I , I 1 I , I ! ,. '1 I , ' - #3e page 4 Teny I But it has not been as far as an ordinance as you arc going to start having now as I understand it. Correct. Larsonl Nobody can say what any council will say in the future. Of course a council could enact any kind of ordinance that they wanted but it hasn't been recommended to have that be a detail that is reviewed by the HP Commission or the committee or anything. Novl It is not in 111e plan right now. Tenyl That is the question, right now. And I am not tIying to be antagonistic. I am tIying to be realistic. We all are CI1lI1ching for dollars right now. Here we are now starting to want to add more money to the city budget. Another question I have is what happens if you have a fire loss up there. Docs the person have to restore the outside of that house back to 111e 1890's when it was constructed. Horowl Only if 111ey want to, Tenyl They can go ahead and out modern windows in. Horowl If they are rebuilding the whole house. Teny I Sure. Horowl Yeah. They can do that. Larsonl One of the difficulties in answeIing these kind of questions is that 111is plan doesn't enact any of 1110se kinds of rules ,md regulations or ordinances of any kind. It merely sets fOlth a menu of ordinances that we could implement 111at would do some of these things. The HP Commission and members of the audience are shaking their heads no that that would not be a requirement. They have said it could be a part of implementing thjs pl,Ul. These questions are kind of hard to answer in those specifics aren't mentioned in the plan that you are talking about. They are not contemplated by anybody that is pushing the plan. ' Teny I Could I get a brief education. What is the purpose of the HP Plan. HorOlvl It is to retain the integrity of a neighborhood. If you have a house and you have repainted it and you have restored it, rehabilitated it. You want to be assured of the value of your home over a long period of time. It would almost assist you in making sure that the houses on either side of you are not destroyed in some manner or abused. It would assist you in maintaining if you lived there in the integrity of your home and the neighborhood. '.- , , " - 1t3e page 5 Teny / Ms. Horow., explain. What do you mean destroy a house to me. What do you mean. Horow/ If the home next to you and the plot and the piece of property was big enough to put a mansard rooled duplex or something other than -this would have to go through a review to see whether or not it could be styled to support your home and others in that area. Not impossible to do. Terry/So there will be a body that will review all building plans for new construction. Larson/ No, That is not what this Plan is. She is talking about a particular ordinance that a council may choose. What I want to be careful is that we not talk about whether those specific ordinances are what we are adopting now because we are not. There mayor may not be a majOlity on tilis council or future cOlmcils in favor of any of those kinds of ordinances. What I view this plan as a strategy to let tillS city see how you could adopt some ordinances to maintain neighborhoods. And each ordinance and each strategy has to be looked at individually and their would be p.h.s and input on all of those specific ordinances. So when you ask what you can do and can't do, the adoption of this plan won't change you from doing any1l1ing tile way you have been. It isn't an ordinance-wouldn't have any restriction of any kind. Whether it would lead t some of those ordinances being implemented, I think it is going to create some momentum but it is certainly not a forgone conclusion. Kubby/ It is not just ordinances. The plan talks about educational programming, about historic walks, improving different areas so that people can not intrude on the neighborhood but can share the historic nature of the neighborhood. So that it is not just about legislation. Larson/ I don't want to poo poo your concerns. Certainly one of the ordinances that was recommended or discussed as a possibility is one that would take away some of the property rights that people have now which is to say to tear down a building without approval or to reconstruct it that is not consistent. Those kinds of things are possibilities for the future. I am just saying that they are not being done now and may never be passed by thjs or any other council. Terry / Handy, let's take it one step further. If I want to aluminum side one of my homes. may J. Or is thai in violation of what they are intending. .'.,.1 I , ' ,:," i i i I I I ! 1 I I I I i I I I ,','. '-. #3e page 6 Nov/ You are talking about a house n a historic district. Gentry/ No. He is talking about his house. Teny/...in the north end. Nov/ If it were a historic district, you would have to be reviewed. You would go tlu'ough HP Commission. Larson/ That is potentially a restriction that might apply, Terry And this is what my concern is. That I am not able to do to my property what I want to do to it in good taste. I mean if I want to put a maintenance free siding I am not going to be allowed to any more. Larson/ I am not going to say that you can't put on aluminum siding. That is not a question of detail that anyone has gotten to or anything. I am just saying that the theOlY that you might not be able to do something that you might want to do. In theory that potentially could be an impact of some ordinance we would construct. That is not what this does by any means. McD/ Bill, what we are being asked to do tonight is to accept the concept-to accept the plan that has been developed by the HP Commission that will be incorporated into our camp plan. Now, there is no specific legislation that goes along with this at this particular point as to what you can or cannot do with your property. Potentially what can happen or what might happen in the future and we have no time table set up. I don't know if the HP Commission has any time table. To my knowledge they don't at this particular point. That they will possibly look at various areas in the future. They might suggest and recommend that tilese be designated in a certain manner. That there might need to be a review process. That is when the actual legislation would take place that would affect individual properties. But what is beIng proposed tonight and what we are being asked to vote on tonight is strictly a concept and a plan. Not specific legislation. At the time that specific legislation was proposed, the council, whoever the council might be at that particular time, there would be-the process would be the normal process that in the end would involve the public hearing process that would involve council actually voting and taking a vote on a specific district or area. If that recommendation was accepted. At this point nothing changes from what you can do right now. Terry / I guess John what I mn-what sends my antenna alarms up is that once this gets put into place these things get put in as. .. ;'1 ., .' , I : , I I I I , I i , , , i i i I I I i I i , . 'I I , ' - #3e page 7 Let's see. A motion by Klindfelder about the fire safety. Things will just get put on a consent calendar and won't be discussed enough by the public. I know what this particular thing is and this is a good thing. McD/ When we start dealing with people's properties they don't end up on consent calendars, Bill. Those would have to-there is a process. Larson/ It couldn't be done that way because there would have to be ordinances and laws set forth that would have to have p.h. We have to have three readings and so, by law, they could not be done without all of those factors. All of those steps in the process. Terry / I may be ignorant because we have had a lot of things come up this fall. I was not aware of them. I just got four phone calls tonight saying would you go down. I am kind of in the dark and tile only reason I really caught anything is because my wife picked up the Gazette because the Press Citizen carries so little of tilese types of things. Nov/ Where is your property. Terry? I have several up in tile northend of Iowa City. And the reason I chose north Iowa City is because of the integrity of the neighborhood and the types of homes. Handy knows where those houses are at and I have done my best to tlY to continue. Larson/ I think your concerns are typical. And we were asked to move on these things a month and a half ago and deliberately slowed it to get more attention to it. I don't Ibink any of your questions are dumb questions or anything. They are questions tbat we have to answer for everybody and make them understand. I think the more you understand about this process and tilis plan the less intimidating or the less fearful you would be of its affects. I frankly think that for someone like you it would be a good thing. It would raise the value of your properties. It merely makes all of the land owners do the kinds of things that you have done. And so I hope that it will be a good thing. But I understand you not knowing the details of it. It is a big complicated thing. Teny/ I am in fact intending on aluIllinuIll siding two of minELor vinyl siding because. Larson/ [ would get to dojng it. .Just kidding. Nov/ They have been shaking their heads. They have been saying that this is not part of the- , , , '. 'I , , '.. #3e page 8 Teny! No. But we don't know what they are going to come up with sLx months from now and stearn roll through on this. That is my problem. I don't belabor it. I just sat in a county PIZ for three and half hours so I know what you have to go through up here. I would politely ask you to defer this until I can get some more information ,md can find some people to see if in fact it is not going to be an abridgment of our rights. If it is so secure and so safe I can't see what another 30 days is going to do. I would ask you to defer it for another 30 days please. Larson! Ivlake sure you get a copy of it from Doug. I am sure he can give you one. Or Bob. Horow! I would also suggest that you talk with Doug about this and ask specific questions. Even by reading it there are some points you still might not feel comfortable WillI. And ask hi1l1. Terry/It still goes without saying. I don't like having another level of bureaucracy. I can see that this is going to happen and we are going to have more staff and expenses and right now we cannot afford it. People are taking care of their properties. They are right now. If you want to protect having the "mansard roof" built to 1890 Victorian house, can't that be incorporated in one of your existing zoning ordinances rather than setting up another bureaucracy. Nov/ That is an excellent point but in order to incorporate anything like that into the zoning ordinances we have to have a plan and we have to adopt a plan. We can't just do it. Teny / That is fine. Put it in as an agenda item and have a p.h. on it and go for it. But don't set up another bureaucracy. Nov/ vVe are not setting up another bureaucracy we are just going to adopt a plan, Teny/ Ms. Novak, you and I both know that this is going to wind up being more staff and more support, more paper, more stationary and eventually more space in the Civic Center to be used for this. I think that you all really admit that. right, John. McD/ I am not ready to agree to that yet Bill. Teny / You are not ready to disagree to that either. MeD/ I understand. I really do understand the concerns and I shared a lot of those same concerns but I do think that we are at a point that I think because of some of the things that have happened to us in the past. And as Randy salel, lmean you certainly are not guilty of any of those. But unfortunately . ,. .~ , "':'1 , , ' '" #3e page 9 sometimes there are some other people that take advantage of certain situations. We know that. Terry/ We have seen it, !vIcD/ Yes. We have seen it many times. And I do think that we are at a point that if we are going to have any interest in protecting any of these types of things that we have to have some type of program, some type of plan in place to proceed from there. We have been-in the past it has been sort of a knee jerk reaction unfortunately because of the limitations of what we can do sometimes. We have not been able to address them or resolve them before something is already done. And what we are being asked to do is accept this concept and accept tllis plan. The legislative process and the specifics of it, we will deal with that when those come before us. Or when they come before the council. And I think that anyone that has-they will have ample opportunity to express their concerns about their individual property. If they feel that we are being infringed upon at I1mt particular time. But I think we have seen from what has happened in recent times that we don't have an opportunity. We have to have something in place so that we have the opportunity to address it before the fact instead of a[ter the [act. You understand that. Terry / I am in sympathy with that. I have been a resjdent of Iowa City for 40 some years. And so I know exactly what you are saying. We have seen the Victorian houses torn down in the middle of the night. And I don't want to see that. I want to see Iowa City preserved. I want to see it done within the confines of the ordinances and the bodies that you have now. Let's not create another damn bureaucracy. If nothing else, please defer It for thirty days. That's aliI ask. Thank you velY much. Courtney/Any other comments on this item? Close the p.h. I I ! i i I I , I I I I I I j I I , i. . , I I ;'i I , ' #jf page J Courtney! Moved by lvleD, seconded by Kubby. Discussion. lvleD/ The only thing that-in response to Bill's request to defer for another 30 days. We did defer originally because of the fact that we felt at that time three weeks ago, I think now, that we wanted to make sure that as much information could get out. That anyone who had any questions had the opportunity to have those questions answered. And I guess at this point I guess I don't see any real benefit or any strong reason to deferring any longer. I think that the Commission and the process that they have gone through with the proposal that they have put in front of us with our decision a few weeks back to defer it at that particular time. I think those opportunities have been presented to people and I think we should proceed. Ambr/ I would like to reaffirm what Mr, McD said. Not only in response to Mr. Teny but to anybody else who is in the audience or who might be watching in. Several of us when the first p.h. was held most adamantly requested that we continue the hearing. Not once but two more times it was done. But prior to that there were quite a few other chances to make the public statement to the Boards and Commissions through which this was entwined. And prior to that in reading t1u'ough the documents that have been presented to us, the study has been ongoing for about two years. So while I fervently wish t1lat every soul and citizen in Johnson County who has nay interest at all in what goes on in these chambers-I wished that they were inrormed. But I feel that there has been an adequate p.h, I am ready to vote tonight and to those of you we don't know how the vote is going to come out. It looks to me that this is simply a road map 1'01' the future. And when the time comes 1'01' the specifics of just how we arc going to treat each and every Idiosyncrasy that comes to us by both P/z and lIP Commission, I will guarantee you that there will be somc pitched battles at this table on certain spccillcs that have been addressed at the p.h.s. But those that are given to each councilor by button holing us at cocktail parties and corfee shops and d.t. or where ever we might happen to be. What I have determined from the conversations that I have had and I agree with most or the people who are opposed to anything that would add another layer or bureaucracy which Is getting to a catch rreeze no. And we certainly are cognizant or the ract I.', i i I ! i i I I I " I I :1 " " '-, # a.f page 2 that we have simply can afford as a city to be expanding our staff at this time. I don't know if those of you in the audience are aware but the State of Iowa, local city councils and county governments are under a property tax freeze. It is a rather complicated statute. We think we have it figured out. But we know that our manager and the financial department of this city have been working feverishly for the last 60 days trying to figure out how we are going to continue and maintain the level of services to which you have become accustomed. I don't think you should have much fear about us adding the commissioner of old houses or whatever that person is going to be called at some time in the fllture. This is simply an addendum to the compo plan of Iowa City and I will support it. Larson! Bill, that ties in with the point 1 wanted to make real briefly which is that this is something that om' population demands. Our city has luckily been able to prO\~de basic selvices such as fire and police protection and recreational actMties and all the kinds of housing inspection type things that evelY city demcUlds. But if not in Iowa City, then where. And if not now, when for this kind of a plan. This is something that people in Iowa City want. This is an aspect of the quality of life that we talk about as an economic development tool and this is something that is extremely important for the residents of Iowa City. There are going to be some battles. When an ordinance comes before us and tells an owner of his property that he or she can't develop it the way they would like, that is going to be a battle. That is a philosophical and practical battle that we will have to t~lCe. But this is something that people want. I want my last comment to be that it is a magnificent document and tremendous condos and congratulations should go to the entire Conunission and the staff people plus tlle consultant that was hired. If we got this kind of staff work on all of our issues our job would be much easy. This is tremendous work and I want them to get congratulations. It is controversial and yet presented to us In a way, Although it is complicated and the public can't be expected to have gotten every piece of it. It Is a tremendous document. Nov! And it was done without any extra staff. Larson! Bob Miklo. the staff person, deserves to be named, I think. Nov! We also have had consultants working on this and we have two current historic districts and they are reviewed and changes .., . . ,," , .\, , , , - It af page 3 are made and this did not required an extra bureaucracy. I think if we create one more historic district, even two more, which me the only ones being considered at this point, I don't believe that we would have a huge bureaucracy. It just isn't going to work that way. It is not that kind of a town. Kubby! It seems like most of the regulations that we have are actually a balancing for the good of the community and the rights of the individual and this seems to be maybe a more delicate balance in some the future things that we will be looking at but it is what government is about. It is mostly what we do is balancing those things. And I am very much in support of the Plan and I am al1':ious to get working on it so there is a time frame in the Plan. I hope that we can stay on the time frame and make sure there is good community discussion on these issues. I think what the p.h.s have done is heighten tile public awareness of tllese issues and hopefully they will stay aware and stay involved to help us with the balancing of community good and individual lights. Some of the issues that this plan brings up to me that are kind of peripheral but they are very connected are tile issues of density in the older neighborhoods. From my perspective one of tile goals of some of these plans are to tl)' to maintain the current density of some of tile older neighborhoods. That may be the focus of some other people but that is one of the things that I see coming from this. And I think that that is a good idea. But one of the problems that then presents us is we need to have some other areas in town that are newly zoned or that are newly built that are dense so tlmt we can provide some more affordable housing and so that we can provide that type of housing. Which gets into other parts of our camp. plan that I am not sure-I would like to make sure that we have discussions about where will those more dense areas be so that we can protect these areas that are olcler and that are closer to the center of town. And so looking at other areas of tile comp plan in conjunction with HP Plan js a real important part for me when we start looking at specJfics and [ am al1'.:ious for us to get going on this. Horow! I just wanted to comment that this to me is what-this is preventive health measures for our community. I thjnk you really have to take a look at the people and the infrastructure and the homes that have been here and you tl)' to ngure out , i' I ! i i J I I i I , ! j "; --I , I , , #jf page 4 what prevenllve health measures you can put in place right now so that that city maintains its integrity in the future. I have supported HP Commission and actions of the other associations for many years and I am so pleased with this. I started on by attending the meetings when they were held in the various places to get input form the citizens as well as to kind of educate those people who like you and Mr. Terry did have a lot of concerns. Just exactly the same questions that you had. It does take a while for evelyone really to pick up that effort and information. But I see that as a same way that it is velY difficult and laborious for people to pick up bits of infolll1ation for preventive health maintenance. So I am pleased that we are considering this amendment to the comp plan tonight and I will support it. Courtney/Before I read this. There was a slight change form the OIiginal document that has been drafted by tile Conl1l1ission since last night and I will just read one paragraph (reads paragraph from document). I just wanted to also congratulate the Commission and the staff. But I want to take it a step further. I want to give particular recognition to Doug Russell. There were several of us that were here when the Northside issue failed the time before but it just wasn't 15 years ago. And Doug came to me when he was to be appointed to the Commission to lobby me for the appointment. We sat down and had a long discussion about what happened with the Northend lIP Plan and why it failed and I just pointed out that it was just too much all at one time and it gave more than ample opportunity for objections and for people to be opposed and it just was laying too much area in it all at once. And the suggesllon at the time was lets put this in a little bit at a time like we already have. Summit Street worked, Woodlawn worked. Now lets try for small areas. That wasn't going to wok unless we had some sort of plan. And Doug really moved right on up to the Chair of the Commission and 1 think had a great affect on shaping this thing. I think it is a good plan. Each neighborhood is going to be considered. As evelybody else has said, it won't be without its battles. Some of them are going to fail. I am sure of that. But I thinl< many of them are going to be successful. In my travels around to the National League of Cities and again just last month in New Orleans. EvelY place we go there are tours offered for the spouses and the children and ,;":. ".:'1 'I , ' - #,91' page 5 for the people going to the conventions. EvelY city we have gone to, one of them has been the tour of the histOllC distJicts. As a member of the CVB here I think I can tell you that Wendy has already been involved in this whole process. It could have some positive economic affect on the city over and above the property values. Kubby / I guess one last comment I would like to make is actually about the other item but I would rather say it here and that it is unusual that we are going to put such detail in the compo plan and that is one of the reasons that I felt that it was real important that we include this sentence and the last part of it is that Iowa City is not assuming the responsibility of enacting each objective but is endorsing the goals. Because a lot of times people will look at the comp plan and say that this is in stone. The comp plan is not in stone. Since we have all of tllis detail I want to make sure that there wasn't the expectation that we would do all of these things so I am velY glad that we included this in the front so that people knew from the velY beginning that we are going to look at each of these individually and have the responsibility to have public discourse and vote each one yeah or nay. Courtney/Any other comments. 1\011 call- The resolution is adopted. ! I i I I I I I I I i I I I I I I I i I I " . .'1 " , ' Agenda Iowa City City Council December 15, 1992 Page 7 i. Public hearing on an ordinance to amend Ordinance No. 90-3483 and the accompanying Conditional Zoning Agreement of a certain 95.61 acre property, known as the Whispering Meadows development, located south of Highway 6 and west of Bon Alre Mobile Homes. (Z-9013) Comment: At Its December 3, 1992, meeting, the Planning and Zoning Commission, by a vote of 7.0, recommended approval of a request to amend Ordinance No. 90-3483 and the accompanying Conditional Zoning Agreement by deleting Section 1.1 of the Ordinance and Section 4.1 of the Agreement in their entirety and adopting in lieu thereof the following: 1) The understanding that this is in-sequence development as presently defined In the Comprehen. sive Plan, and that Ordinance No. 90.3483 and the accompanying Conditional Zoning Agreement be further amended by deleting Section 1.4 of the Ordinance and Section 4.4 of the Agreement in their entirety and adopting In lieu thereof the following: 4) Basements may be constructed on lots which are abulled by a subsurface drainage system provided said basements are equipped with a sump pump and adequate foundation tile which discharge into said drainage system. Discharge of roof drains and downspouts from dwellings into the subsurface drainage system Is prohibited. In addition, the property owner's engineer must certify that no structure has an opening to living areas below the minimum low opening (MLO) elevation listed for each lot on the site grading and erosion control plan. The Commission's recom. mendatlon Is consistent with the staff recommendation Included in the memorandum dated November 19, 1992. Ll.2 Action: ~~~/ J. Consider an ordinance amending Ordinance No. 90.3483 and the accompany. ing Conditional Zoning Agreement of a certain 95.61 acre property, known as the Whispering Meadows development, located south of Highway 6 and west of Bon Alre Mobile Homes. (Z.9013) (First consideration) , Comment: See item I. above. In a leller dated November 17, 1992, C.B. Development, L~. r;,.p~~ expedited Council consideration of this ordinance. . 4tf..7:.~ 1J ~ '% ~ Action: ' Ii""" If!k cif2 ~~ i , , ' !f3i page] Courtney/ I'd like to open the p.h. Any comments on this item? Linda GentlY/ Darrel, I want to point out that there was some cleanup done on the ordimUlce and the conditional zoning agreement has been drafted and signed tonight. Courtney/Thank you. All that reading and no comment? Kubby / Well actually I have a couple of questions I'd like to ask dllling tile p,h. Courtney/ Okay. Kubby/ And I think I am going to need Rick. I know that this is a new thing for Iowa City. Do we know if this type of combination of preventative measures have been used in other communities. Fosse! No. I don't know about that. Kubby! So. I am just skeptical. I am velY skeptical because I know there are places in town or in wet areas that have problems and people have wet basements. Even if their Realtor tells them that they have a sump pump. I they do maintenance on it sometimes that doesn't always work and it mayor may not be tiling involved. I guess I am concerned about us facilitating the possibilities of people getling into situations where lhey have wet basements, damage to their property. To their personal property as well and they are going to have a hard time either living there or selling the property later. And so I guess what I am asking are there other areas in town where either small sections of subdivisions or even individual lots we are having problems with people having wet basements. Are their situation similar in any way to the locale of Whispering IvIeadows in terms of water table. Fosse! It is difficult to compare subsurface conditions because we don't have a lot of Information on that. What we are doing in this subdivision is there is no way that anybody can guarantee that basements will be dry. In fact we have gone to great length to not make an opinion on that because we don't know. The contractors who build the houses really are a better judge of whether or not basements are appropriate for any given situation. What we have done it to require those things necessmy to protect a public facilHles from the discharges from the sump pumps. I think that some of you probably notice this year that we had the rain before things froze and we had sump pumps discharging onto the streets. We had icy problems. ". .. "1 " , , -. 113i page 2 Sometimes in the summer we have algae problems there is so much discharge. That won't be a problem in this subdivision. Also there is no incentive or temptation to tie the sump pumps into the sanitary sewer here because we are providing an alternate place for the discharge. So we should protect the sanitary sewer so other people don't have problems that they are experiencing with sanitary sewers backing up in some other parts of town because of that. Larsonl But you are not saying based on your expertise that lllis will keep these basements dIY. Fossel We don't have 11le expertise to make that judgment. Novl In this kind of whether it is highly unlikely that the basements are going to be dry. We have had problems in other areas with this. Fossel Mine wasn't but I don't have a sump pump. Gentry I Karen, what we did today after the meeting in terms of clarifying the language was require the property owner to have a registered engineer to certify tlle following three requirements. That there is a sump pump installed properly. That there is no discharge into inappropIiate systems and that there is no opening below that elevation. So we changed that to make sure that whoever is buying the property knows that they are going to be paying an engineer to certify that lllOse things have been done. Kubby I So at least the first buyer- Larsonl That actually makes it worse in my book. Because what I am worried about is the perception. The buyer might buy this place thinking that because there is a sump pump I am getting a dry basement and that is not the case necessarily. We just don't know. And by them saying gosh this engineer needs to cerlify all of this stuff. That probably means that the problem is taken care of. It doesn't mean that at all. It means that it is not creating a new problem of the discharge from the sump pump. GenllY I But in terms of your concerns and I think that you are all concerned about notice to Ihe buyer. This is nolice and there is no guarantee. Your right. Kubby I My biggest concerns is asking about other properties and if they are having problems with sanitmy sewer backing up inlo Ihelr basements. So I realize thaI most basements are going to be damp and that we can't guarantee it. But what I want 10 do " :;', , '1 " , ' -. 1/3 i page 3 is prevent the damage and the yuckiness that people have to deal with and then they have to deal witl1 insurance and just it is-I don't want to place families in that kind of position whereby their properties decrease in value and they can't get rid of it because of the damage done. Courtney 11 think we need to be careful not to confuse the two items here. We have had over the years some sanitmy sewer problems and backing up and slU'charging. That doesn't have anything to do with this. Kubby Ilf your sump pump is improperly installed it can cause some-if it is put into the sanitary sewer. Courtney I It won't be under this plan. That is what he is saying. Kubby I That is my point. But that is my biggest concern vs. will the basement be totally dry because that is not a realistic thing to even tlY to portray. Horowl I share your concern in this however we have already approved this area to be a subdivision and to have some construction in il. Kubby I Without basements with a specific negotiation. ' Horowl Exactly. This-I have gone around and around and around on this and I know that from a technical point of view I do not have a rationale for denying this and I am sure Larry can reiterate everything he and I talked about. But I remain kind of skeptical that there isn't some other design. Again having come up from New Orleans for this meeting I am sure there are designs of houses down there that take this sort of land into consideration. Kubby I I am not saying I am necessarily going to vote against. I want to see if this particular design has worked in other areas. I will feel better, I will feel more confident in taking the risk because it is not me who is going to feel the aftermath of this if it doesn't work. It is whoever buys that property and I am here to be concerned about it. That is my job. Larry Schnittjerl We are almost losing site of the trees by the forest or whatever anachronism that you want to put on this thing. The origjnal reason for putting the requirement of no basements in this subdivision was we didn't want the possibility of sump pumps dumping into the sanitmy sewer. Period. That was the reason. , ' " , I I i I ';:'.' "1, . "I , i ~ -. /t3i page 4 Larson/ The other reason was we didn't want to allow basements that weren't going to be dry. And people buying a house having a basement assuming it was going to be okay. Larry Schnittjerl No. That's not part of the. Larson/ I can guarantee you that was part of my reason why I didn't want basements in that area Lany Schnittjerl Okay. That may be yours. But there's no place in Iowa City that we can absolutely guarantee you'll have a dry basement. The soils in Whispering Meadows are different than what we find in other areas where we have significant water problems. The soils are tight in Whispering Meadows. The water we see on the ground out there is water just traveling across tile ground and shedding in nonnal gravity flow and not percolating into the soil because tile soils are tight. And given tight soils, you'll have less ground water moving through the ground like we do in other areas. The tile system that they're putting in here is for an outlet with a septic, or not a septic but a sump pumps only. It's not to drain the ground around the houses or anything else other than the tiles that are around basements if those feed into the sump pump. So we're not quote de-watering the area that may have some effect on your wetland and we're not contributing bad materials to the wetlands either because it's pure water. I don't know if you have other questions that I may try to answer. Ambrl Well Larry, to my knowledge, this is the very first time that this city has requested a specific plan in any subdivision that does exactly this: it ties in the subservice water the storm sewers. Larry Schnlttjerl It is and it isn't. It's the first subdivision that's done that way. We've had some city improvements on Friendship Street that predicated this. COUltney I Um-huh. Lany Schnittjerl The technology is not new. Ambrl No. I know that. This is the first time to my knowledge that we are are coming up front and saying that you are going to take that water from your basement through a tile system Into the storm system and not the sanitary system. Lany Schnittjerl Right. I\mbr/ I don't think there's any other subdivision in town where we have looked at it that closely. if I were just guessjng, and the developer goes ahead, we approve this. the developer goes i, .' I , i.' -. #3i page 5 ahead, you're not going to build 50 houses overnight, I don't think. So you build a couple of hOLlses, and maybe it doesn't work. The word gets around. Those houses aren't going to sell. So then I think the developer's going to come back and do something different. Larry Schnilljer/ Or if it does work they will sell. Ambr/ Yes. Lany Schniltjer/ I think they well, Larson/ And I didn't mean to extend the discLlssion by those afraid that this wasn't going to pass. I had some concerns. I am going to vote for it because I think it is going to be good and if people buy a house with a sump pump in it they are kind of on notice that they need to investigate a little bit. I did have those concems. Nov/ I have a little sump pump concern. Sump pumps are hooked into the electrical system, aren't they. If they get a power failure they don't have any battelY back up and then the basement floods. Fosse/ It is possible, yes. Nov/ Okay. I want to make sure 11mt I know what is going on. Comtney / They do sell them with battelY back up. Yes. Nov/ They do. See, I leamed something new. Courtney / A nice little car battery sitting there and it plugs into a socket and it charges it all the time so It is ready to go when needed. Nov/ We can recommend that they buy them with battelY back lipS if they want to be sure that they are going to keep dry. Courtney/Any other comments on this item. Close the public hearjng. I I , I , J' I , I l I ! I I , I j ! , "1 ., , '.. #3.j. page 1 Courtney / ....this \\111 be Hrst consideration. Nov/ I would like to defer first consideration. I have no problem waiving second. But I think on an issue like this we should not vote the same day as the p.h. Courtney/You are wanting to not collapse tonight. Nov/ That is what I want to do. I want to say that we will vote first consideration the next meeting instead of tonight. Larson/ But if we do that we wiII be delaying it by two weeks, right. Nov/ No, we could collapse the next reading. Larson/ We still have to have two meetings, right. If you don't have the first meeting tonight, you are going to be four weeks before this is done, right. If we do the first one tonight we could collapse next time and get it done in two weeks. Kubby/ They are wanting us to do both tonight and collapse. Nov/ That is not what I read here. Larson! If we don't do this one tonight this can't get passed before four weeks are up. Nov/ Yeah and I think that is fairly appropriate. COLU'tney / I suggest we do first consideration tonight and then decide whether to collapse second and third consideration next week. Larson! That would be fine. That would stilI extend it to four weeks If that is what Naomi and the others want to do. If we don't do this first consideration now then there is no way we can get it done in two weeks. We wouldn't even have the option. We would still have the option of extending it to four weeks. Because you can't do all three. Nov/ It is just too fast. I think that the ordinance on the same day of the p.h.- Courtney/ We had a motion to defer. Is there a second. Horow/ Second. Courtney/Any discussion on the motion. All in favor (Kubby, Horow, Nov) Opposed (Courtney, Ambr, Larson, Ambr) Motion fails. Moved by lmson, seconded by Ambr (Hrst consideration). Discussion. Larson/ I just don't think we arc going to learn anything ncw in two weeks. Horow/ No. But I will tell you something. Every inch of my common sense says that this doesn't makc sensc havjng basements in this arca. Wc are using a system that hasn't bccn tcstcd in " , ; , I I I , I I I I I I --- .. :1 , I , ' - #3.j. page 2 some other subdivision. I think tlmt the development out there makes a lot - I have agreed to the development but on a slap. What can I say. I just feel velY strongly about that. 1 think in the period of time I regret the motion to defer failed. I think that we would have had-time has a way of bringing more elements into the discussion. Larson/ We still have another vote two weeks from now on whether to finish it in two weeks or to extend it to four. Which is all this would have done. Horow/ You have to understand I am reaJIy being torn here in this whole thing because I intend to vote for it. But I feel absolutely uncomfortable...I am high on Kirkwood and we have to have a water proof basement. This whole city is soggy. But to deliberately go in an area where you use to have wetlands or they are still in the area and put in a basement just doesn't make sense to me. I am sorry Larry. No matter how many times you tell me it just makes me feel uncomfortable. Kubby/ In a way it is really interesting. Istarted having this free market discussion with myself after I talked to Carol this morning. Saying we negotiated this conditional zoning agreement that said slabs. That was 111C risk that she tooI< as a developer. You can't market her things. That is the risk was taken. We shouldn't change it. The thing that is making feel like I want to take the risk and I would also like starr to monitor this and to be in communication with Carol to see how it is working over time because of the price range of the houses and that the prices won't go up that much more. Bill was saying it would be $300 for the basement. It is a little bit more than that. It is $300 for the drainage system and maybe a couple of grand for the basement but still it will keep them in a range not for velY low income home owners but for moderate income home ownership which is something 111at we need. I am not asking I don' thin people would be interested in having this be part of the agreement but I would like our stafr or I am willing to do some Jbllow up with Carol to see how it is working over time and she could maybe help us with that aspect. If it Is not working, I won't be willing to take the risk again on another subdivision where we might bring this up. ',' "i, . Courtney/Any other discussion. -. #3.j. page 3 Nov! I am going to vote for this because I think it is going to work but I reaIly don't want us to do this vote on the same day as the p.h. I think i1 is bad policy. It appears that we have not really considered tile issues. Courtney! Any other discussion. RoIl call- (yes) The ordinance passes first consideration. , I , I I I I I , ! I I I ! I ! I J 1 I , I, , I I .....1 :'1 , ' " -.. " i , ' Agenda Iowa City City Council December 15, 1992 Page 8 k. Consider an ordinance amending the Zoning Ordinance to change the use regulations of certain property located east of Scoll Boulevard and north of Court Street from County designation RS, Suburban Residential, to RS-5, Low Density Singie-Famlly Residential. (REZ92-0010) (Second consideration) 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 submilled by Plum Grove Acres, Inc. to annex and rezone the , 7.08 acre tract from the County RS designation to RS-5. The Commission's recommendation is consistent with the staff recommendation included in the report dated August 20, 1992. No comments were received by the Council at the November 10, 1992, publiC hearing on this Item. Action: ~ / An/, J-KI ~ III;~ ~ I ~~ ~ 9 ~ -nE. I. Consider a resolution rescinding Resolution No. 92.210 and authorizing execution of a revised agreement between the City of Iowa City and American College Testing (ACT) concerning ACT's Master Development Plan. Comment: The Agreement between ACT and the City that was approved July 14, 1992, requires amendment to provide for the granting of right-of. way by ACT to the City. Neighboring property owners have bee.n notified. Action: Q2,32.(, m. Consider a re tion approving the preliminary Large Scale Non-Residential Development Plan for American College Testing Program (ACT) for property located at 2201 North Dodge Street. (LSD92.0007) Comment: Due to Its opposition to the vacation of a portion of Old Dubuque Road, the Planning and Zoning Commission, by a vote of 6.0, at Its Septem- ber 3, 1992, meeting, recommended denial of the requested Large Scale Non- Residential Development (LSNRD) plan for the ACT campus. The Commis- slon's recommendation Is not consistent with the staff recommendation set forth In the report dated August 20, 1992, Staff recommended approval of the LSNRD plan for the ACT campus, subject to vacation of a portion of Old Dubuque Road. After consultation with the Planning and Zoning Commission, Council approved the vacation of a portion of Old Dubuque Road on November 10, 1992. Action: ~ / frw.,.b , .412R.. fp..) , , M foil ~ , '\1 I , #3.1. page 1 COllItney/!vloved by !vIeD, seconded by Horow. Discussion. Kubby / I had votee! no on the original agreement and not just because of the vacation of Dubuque Road but because the this city hasn't done as much plmming as ACT so we don't know where the appropriate place to put the road is. Even after extensive discussion and saying we IVon't dissect their campus we still can't decide where the most appropriate place to put the road is. So until we have that information I can't support the agreement. Courtney/This resolution is to rescind the original. Kubby / Okay. Thank you. TImt will change my behavior. Thanks, Dalnel. Courtney/Roll call- The resolution is adopted. Kubby/ So will we have a new agreement. Gentry/ We already do. It is in here. Karr/ No. That is the large scale. Does that include the agreement. The LSNlm. Or is it another separate item that I have missed. Franklin/ The first resolution was rescinding the first agreement and authorizing execution of tile second agreement. Kubby/ You screwed me up Dome!. Can we re-vote. GentlY/ There was a misunderstanding. Kubby/ I didn't know what I was doing. Larson/ We can't re-vote every time somebody doesn't know what tIley are doing.... Kubby/ People know how I feel on this issue. That is fine. If we can go back and it is legal I would prefer to vote no, Can I move for reconsideration because we are still in the same meeting. Gentry/Yes. Do that. Kubby / Is that correct. I move to reconsider, Horow/ Second. Courtney/Malian to reconsider. Discussion. All in favor. (aye) Oppose (MeD) (!vloved and seconded Horow/Larson- consider the resolution rescinding...) Any discussion. Roll call- Resolution is adopted, Kubby voting no. '.,,\. j I j I ! ' j ! I j i 1 I i I I I , , 'I i I I r '. -. #3.m. page 1 i i \ I J, I I Courtney/Moved by Horow, seconded by Ambr. Discussion. Horow/ Yes. I wanted to know. Mr. Atkins if any more information has come in from ACT about agreement or the accommodation for the Hunters. Atkins/ The last word I had they were still discussioning it. Horow/ Okay. Courtney/Any other discussion. Roll call- The resolution is adopted, Kubby voting no. i I I I I I .1 I I I I I .'..'1 II l " ., Agenda Iowa City City Council December 15, 1992 Page 9 n. Consider a resolution approving the final plat of First and Rochester Commer- cial Subdivision, Part One, Iowa City, Iowa. (SUB92-0024) (60.day limitation period: December 31, 1992) Comment: At its November 5, 1992, meeting, by a vote of 7-0, the Planning and Zoning Commission recommended that the final plat of First and Rochester Commercial Subdivision, Part One, a two-lot, 2.88 acre commercial subdivision, located at the southwest corner of the Intersection of First Avenue and Rochester Avenue, be approved subject to approval of legal papers by the City Attorney's Office and of construction drawings by the Public Works Department prior to City Council consideration of the final plat. This recommendation is consistent with the staff recommendation included in the staff report dated November 5,1992. The legal papers are being reviewed by the City Allorney's Office. The construction plans have been approved by the Public Works Department. "r"J ~ /5 ~~ 12- :,z. 7 Action: rf~~ ');tI/ _ i};rA.J o. Consider a resolution approving the final plat of Furrows Edge, Johnson County, Iowa. (SUB92.0025) Comment: At its November 19, 1992, meeting, the Planning and Zoning Commission recommended, by a vote of 7-0, approval of SUB92.0025, the final plat of Furrows Edge, a 67.32 acre, 16.lot residential subdivision located In Fringe Area 4, east of Highway 1 and north of Fox Lane in Newport Township, subject to construction plans for the street improvements, culvorts and water mains being approved by the Public Works Department, the legal papers being approved by the City Allorney's Office, and notes from the preliminary plat being placed on the final plat prior to Council consideration of the final pial. This recommendation is consistent with the staff recommenda. tion Included In the staff report dated November 19, 1992. The construction plans have been approved by the Public Works Department and the notes from the preliminary plat have been incorporated onto the final plat. The legal papers are being reviewed by the City Attorney's Office. Action: A-.4/ ~J:: ~Il/ ~ % ,'. "I " , ' , ( 1 " i 1 ; #3.n. page 1 Courl1leyl Are we stjIJ deferring this one. Gentry I The property owner has requested it and the subdivision documents are not- Courtney I Move by Larson, seconded by Horow (defer to January 5 meeting). Discussion. All in favor. (aye) Oppose (yes?) Karrl Could we note for the record that the applicant also waived the 60 day limitation period. Courtneyl So noted. :)j J I I , j l I , ." ~;. , I I i i I I I " ! '" #3.0. Page 1 Courtney/Moved by Ambr, seconded by Larson. Discussion. Nov/ Are all 01' the legal papers in order at this point. GentlY/ Yes. They are in Marian's hands. Nov/ Any other conditions that haven't been met. GentlY/ As far as I know. At Furrows Edge everything has been met. Courtney/ Any other discussion. Roll call- The resolution is adopted. I I I I , , I i I I I i I I. I I , .....1 ','I , ' . " '. ~ ,.',', ", '; : ," I I , Agenda Iowa City City Council December 15, 1992 Page 1 0 p. Consider a recommendation of the Planning and Zoning Commission concerning an application submitted to Johnson County by Robert W. Wolf, on behalf of property owner E. & L. Prybil General Partnership, to rezone an approximate 11.82 acre tract located In Fringe Area 5, east of Scott 80ulevard and .25 miles south of its intersection with American Legion Road, from RS, Suburban Residential, to RMH, Manufactured Housing Residential District. (CZ.9252) ITEM NO.4. Comment: At its November 19, 1992, meeting, the Planning and Zoning Commission, by a 7.0 vote, recommended to the City Council that It forward a comment to the Johnson County Board of Supervisors finding that CZ- 9252, the request to rezone an approximate 11.82 acre tract located In Fringe Area 5, from RS to RMH Is consistent with the mutually agreed upon Fringe Area Agreement for Area 5,' subject to 1) ensuring the construction of a 31. foot wide collector street within the 60-foot rlght.of.way shown on the concept plan, 2) prohibiting access drives from individual lots onto the collector street, 3) providing vegetative screening along the Scott Boulevard rlght-of.way, 4) providing City-approved storm water management for the site, and 5) securing compliance with the City's requirements for Manufactured Housing Parks. This recommendation Is substantially consistent with the staff recommendation included in the memorandum dated November 19, ;/,J.k, 1992. Mv ~ ~ Action: ~114w ~a(~ /J-- ~JJJ.:,)',~ (1 'm.Yl/ ~~ /'h/ dt~w PUBLIC DISCUSSION I - r- k,~ ITEM NO.5: PUBLIC HEARING ON THE CITY'S COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY ICHAS) ANNUAL PERFORMANCE REPORT FOR FEDERAL FISCAL YEAR 1992. Comment: Iowa City Is required to prepare a CHAS Annual Performance Report for federal fiscal year 1992 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 will be addressed In the document that is submitted to the U.S. Department of Housing and Urban Development. Action: .~/ ~~/ '1 , , ' It3.p. page 1 Courtney/ Kubby / I would like to move that we defer for the purposes of public input since this development is so close from the edge of Iowa City and it is rezoning and if it were in 111e city it would certainly be public input at this stage. And there are people who have specifically requested it. I realize that this would be an inconvenience for the developer but since any time 11mt we are asked to have people participate in the process I would like to accommodate 111at. Horow/ I second the motion. Courtney/ 1I'loved by Kubby, seconded by Horow to defer to the next meeting. Discussion. Larson/ I don't 111ink I have voted against public input on more than half dozen occasions in five years. But this is a county matter and it is going to be up to them and this is just a recommendation from us and so I am really ambivalent about it and I will go along with the majority of the rest of you on 111is issue of deferring it. I heard considerable from the public and I don't think we are going to gain much by waiting but out of deference to the advantage to always having public input I don't really care one way or the other. Horow/I would normally agree with you on this. However I think that and it is a very difficult decision for me to actually make at this point because I have high regard for manufactured housing Mr. Wolf has. But where there is an area that is so close. County on one side of the road and the clty on the other. I think I feel a responsibility to give the city residents enough p.h. so that their voice can get either into the newspapers, Into the media or somehow we can relate this through sending the minutes to 111e county board where it might not necessarily get to the county board. Larson/ I want to make sure that all of these residents understand that they are all members of the county too and that they can go and make it known to the county. Horow/ I don't go to many of the issues that I feel very strongly about. I sit there and grouse about it. I just think that this is another way we can have the county board hear what- Larson/ I understand that. Kubby / Does anyone here know when the county board is going to be looking at this. Because in the past there had been sometimes when they voted on a rezoning before our recommendation got .,,", , \ I , 1 I i I ! \ I I i , i I \ , ! i ! ; i I ! I I , I , I , -:, " , ' -., #3.p. page 2 there and I would not want that to happen. Do we have a date yet. Larsonl You don't know when they are going to look at it. Courtney I Does staff know the n0I111al procedure at all. Has it been to the county PIZ yet. tvloenl It has been before the county PIZ. Okay. We have been under the impression the some items before the county P/z Commission would be delayed until some response came form the city. I think it is definitely the practice of the Board of Supezvisors to wait for some kind of reaction from the city council. Kubby I If we did defer this I wouldn't have a problem with having the p,h. and then voting on this the same night as an accommodation which is against the practice that I like to have because I know we are going to have public input and usually I don't like to vote tile same night. But to balance the need of the people I would be willing to do that on January 5. Novl We have had public input via written documents and we can turn those over to the county as well. Gentry I And this will not be a legal public hearing because it is purely gratuitous. Horowl That is okay. Gentryl I don't want to the public misled by a p.h. that is not a p.lI. Kubbyl An opportunity for people to speak. Courtney I Bob, we are not opening this up for discussion quite yet and we probably won't. Bob Downerl We don't have an opportunity to comment on the- GenlI)' I Yes, he has an opportunity to comment. Downer/-matter of deferral. Larsonl Well that was the problem we got into last night is the reason we wanted it deferred was because we knew that some people might comment tonight if we let them and yet there's no opportunity for evel)'one to knolV that they get to comment. That was the problem that Mayor Courtney brought up last night. Courtney I And I asked for a legal stance on it last night and the ruUng was that we didn't have a p.h. scheduled on this for tonight and so. Larsonl You'd better 110t- Gentryl You can always have public discussion on any item on the agenda. I " , i '-. 1t3.p. page 3 McDl You asked for public hearing. Gently/Public hearing versus public discussion are two different items. Courtney/That was the way it was proposed last night. It was asked to be a p.h. on it. Gentry/ P.h. we cannot have tonight. You can certainly have public discussion. Larson/ That was my view last night. The prevailing view was that if you let anybody talk you got to let everybody talk and you can't let evelybody talk if you didn't give them notice that people are going to be allowed to talk. Gently/But there is notice in the agenda. Larson/ That is my attitude. Courtney/ Notice that there was to be a public discussion. No. McD/ No. But tile point is when do we ever deny anyone the right to comment on any item that we have on this agenda. Gentry/ We don't. We don't. I hope we don't. McD/ No, we never have. Anyone has the right to comment on it. Gentry/ Yes. McD/ In my experience we have never denied anyone the right to comment on any item. Kubby / The point last night was giving the full conullunity notice. Not just those just directly involved-already made comments. Larson/ Now we are going to let everybody comment tonight and also consider deferring it to let eveJybody comment two weeks from now with more notice to people that they can. Kubby / We can decide what we want \0 do. There is a motion on the 11oor. Gently/There is a motion on the 11oor. Horow/ There's a motion on the 11oor. It can fail. Ambr/ Mr. Mayor, may I suggest that you call for a vote on whether or not to deler. Courtney/Is there any other discussion on delelTing by council. Larson/ My point is that iJ' we are going to let them talk tonight I am not going to vote to defer it and let them talk again two weeks from tonight. I need to know how the mayor is going to rule on whether people are going to tall< tonight I guess to know how I am going to vote on the deferral. Courtney / I guess we will have to open it up. I am getting legal counsel tonight that there can be public e1iscusslon on it which is e1i/Jerent thanl haellast night. Anel so we've got some folks i i i i , I I i I i , I I I I I I I I i ! i ,. 'I " , , '-. ff3.p. page 4 here f'rom both sides it looks like. Maybe not all the people that would want to be here. Gentry/If' you are going to def'er then all of them can wait. Courtney / I don't think it is in the best interest of' anybody to defer. Horow/ You have got a motion on the 1100r. You are going to have to call for the question. Larson/ I am ready to vote on the motion for deferral. Courtney/Okay. All in favor of deferring- (Aye?) Opposed (Aye?) Motion fails. Okay, we will go back to the original motion of the reconunendation and I will take a few public comments, Bob, do you want to start. Bob Downer/ I was only going to speak to the manner of defemll. Courtney/ Okay. Downer/ I guess I will scratch my name off. If' that gesture is appropriate to clear the record, Courtney/Let me just say that I spoke with the homeowner's association today and the president agreed that- McD/ Mr. Mayor, we need a motion to put this- Courtney/ Moved by McD, seconded by l.arson to approve the reconunendation. I spoke with the president of the association today and we came to sort of a general agreement that we all know the issues involved and that if we would just kind of tackle each one of those to give some sort of feeling and have it in our minutes as 10 how we feel about some of the issues that the homeowners are concerned with. That that would be appropriate, I think we all know that there are some concerns about the transitional zoning. Concerns about properly values. Concerns about the city's requirements lor manufactured housing parks not being totally adhered to and I think that council needs to justify their thoughts one way or the other on in essence getting away from our normal requirements here. McD/ How do you mean normal requirements. Getting away from what normal requirements. Courtney / Last night we agreed to not bind the developer into compliance with the city's requirements for manul~lCtured housing parks by having not the normal set back for instance. Nov/ I intend to vote no if' we clon't include that. i , i ! I I , i i I I I I I' i I I i I I I ! I , i ! I . '1 " , -. 1t3.p. page 5 Larson! No. We agreed that even though we could recommend that they comply with the city's requirements so that that is not binding on the county. It doesn't make any difference what we recommend about it. Nov/ Yeah. But I want us to recommend that they do ask them to conform to city requirements. I think that we need a new fringe agreement if we don't require conformation to city requirements for property that abuts our borders, I don't think it is right not to require it. Courtney/Karin, I had a couple of questions for you. You had asked Mr. Wolf last night a couple of questions after he spoke about the storm water management system. It sounded like there weren't total agreement on what had been agreed to. Franklin/ I was questioning Mr. Wold on what he was agreeing to during the discussion and it was apparent to me that what he agreed to was #1-4 on the considerations that the P/Z Commission put forth. He was saying that the storm water management would not be n his property but on abutting property. The thing to keep in mind with all of t11is is that we have no absolutely no leverage with which to enforce all of this. So what we are doing is taking Mr. Wolf on his word as to what he is going to comply with and he said he would comply with #1-4. That was what I was getting for clarification. Courtney/ That was what I was bringing up here was #5 says securing compliance with the city's requirements for manufactured housing parks. And he is not agreeing to do that and that is the concern of the abutting neighbors. Franklin/ Right. Courtney/And so part of our vote here would include the concept that he is not agreeing to that. Franklin/ You can still pass on to the Board of Supervisors the recommendation that all of these provisions, #1-5, be imposed as conditions of the rezoning. Larson/ And it is up to him to convince the cOLlnty that #5 just doesn't make sense given the fact that he would have to move a bunch of trailers to provide that set back. Franklin/ That is right. 11 is also up to the county to in fact then impose those conditions. Kubby / They might do Ifl-4. They might not make that a mandatory even though he may choose to do those things. Franklin/ That is correct. I I I I i i , I , i I I 1 ',.," ' '. I , , -. 113.p. page 6 Kubby! They don't have to rt'quire them. Franklin! Correct. In j~1Ct the county attorney does not routijJely endorse the concept of conditional zoning in the county. So [ really don't know how tlJey will approach this, lmean we do conditional zonings all of the time. Larson! I guess that is my point is what he is proposing to do is legal in the county presumably or they will decide if it is legal. And although we think that it might some day be in the city we can't force him to bring it up to our standards. Our argument is with the county and not with him. We should make them have our standards for the mile around the city if that is what we think people want to do. Franklin! As Naomi is suggesting that those properties that abut- Lemon/ And 1 am not going to hold him hostage if his has got a development that is legal by county standards. For us to say that we are going to tell them that he shouldn't do tl1is when it meets their laws and they refuse to have their laws conform to ours. Franklin! We don't know at this point what the county will do. We are only speculating and 1 think you can make the suggestion of what ever you think is prudent and reasonable knOWing that what will happen will happen. Kubby! Actually I would be very interested in- Usually when we do something like this we write a letter saying this is what we want you to do. This is our advice. 1 would like us to come a little more active involved in advising the county vs. kind of passively writing a letter that mayor may not get read or may or may not have some oomph to it. 1 would be interested in going 10 the county and kind of lobby for our advice. Horow! There is a difference of opinion and they don't have a majority of people to agree on issues. Courtney! How did !1Je staff and tlJe P/Z Commission come to the conclusions that they did considering that there is no transitions here between straight RS-S. Would be normally if it were in the city limit already, would this be our normal plannjng process to have these two abutting each other this close. Franklin! The way that the conclusion was reached that-it is a totally dJlJerent process. But the way it was reached that this was consistcnt with the fringc agrcemcnt was bccause the fringc agrccmcnt alludcs to existing rcsidential zoning and that :' I , ! i I I I I i I I I I I I I I I 'I " , -. #3.p. page 7 agriculluraluse is [referred but where there is existing residential zoning that this residential development is then consistent with policy. Whether it is RS or RMH, it is residential zoning. In terms of whether or if this were in the city, would we consider rezoning from 11.';;-5 to an RFVH R zoning, that is a real tough one because if it were RS-5 it would probably would have developed that way. Nov!1 don't think that is the question. I think the question as I understand it is would the city allow RS-5 on this side of the street and manufactured housing on that side of the street. Franklin! It is quite possible. It is possible that we would given that Scott Blvd. is an arterial street. AT some point it is planned to be four lanes. Arterials do provide a boundary-a buffer between abutting land uses, South of Village Green. Village Green and Village Green South are 1~-5. Immediately south of the RR tracks is 1-1. The reason that we can have the 1-1 abutting the RS-5 is because that we have that boundary. The man made boundary of the RR tracks and that distinction drawn. Now that doesn't mean that the folks who live in Village Green are going to agree with that concept but that was one that was used in planning and I don't know that ]f we were to make a recommendation today about the land uses on the east side of Scott Blvd, We are looking at that area as an annexation area as I think you are all aware. And the general land uses that we have designated there are low to medium density single family. That could be anything from RS-5, RS-B, HS-12, or RFVH. Kubby! Are there larger set backs on an arterial. Franklin! Yes. In the city there is a 40 foot set back li'om the r.o.w. line and the one statement that IVas made last night about the distance between the curb and the property line, that is the existing curb. Remember Scott Blvd is someday is planned to be four lanes. When, I don't know. Kubby!1t just seems like that 40 root set back from the west side of Scott and a set back of what ever size 1 thought that is a l~lirly large burfer. Franklin! It is a rairly large distance between the land uses. Larson! I hope we don't lose track of your main point. We could philosophically discuss this idea or you have to have $200,000 homes and $150,000 homes and then $80,000 and then a trailer park. I don't particularly believe in that philosophy. l i I i , , r I I I , . ", ., , '" , 1/3.p. page 8 Courtney / That is not what transitional zoning is. It doesn't have to do with value. It has to do with density. Franklin/ It often has to do with density which then reflects value, Larson/ And the value was the argument being made by some of the correspondence that I got. I don't want us to lorget you main point which Is that is not what is before us. The issue is that Jand out in the county farm land or is it residential. And if it is residential then our current fringe policy says that they can build it. And if we don't like our fringe policy I am all with you but we can't hold Mr. Wolf hostage 10 that fact that we can't get an agreement with 111e county on a fringe policy or we are in the process of trying to get an agreement that reflects more of our feelings about it. Franklin. And I1Je conditions that are apart of what is being brought to you are an effort knowing that that zoning is a reality. It is likely to be a reality. It is to get the best possible development that we can get there for the future. I..arson/ And the trailer park was there first before most of these houses. If you want to get back into the argument there is lots of pros and cons on both sides on that argument. Franklin/ FIrst in time is always a difficult argument in terms of compatibility. I think the stronger argument has to do Will1 the arterial street concept. Kubby / I had a few other questions that are diflerent. If that property is annexed in the future and 111e streets In the subdivision are at the width as proposed. Will there actually be room to widen. Because Mr. Wolf has said that if the streets were wIder they would have to reconl1gure their current proposal. So i1' they do It as proposed will there be room to widen it at city standards in the future. Franklin/ Within the concept plan that he has laid out, I will have to refer that to Monica because I don't know whether we have reviewed that concept plan. Because we are not looking at a subdivision here. That we haven't reviewed it in the contexl of I1mt specil1city. You are talking about the interior streets within that parle Kubby / RighI. r guess I am!ooking at the width of the street and the width for Ihe hydrants and any other amenities that would go along with being a city street, Moen/ The only speCifiCity of which We reviewed this \Vas for that r.o.lV. reservation that we were seeking for the collector street I I i I I I I I ! I I , I I I I I I , , :1... . ;'1 " , , '" 1t3.p. page 9 that would intersect with Scott Blvd and eventually extend to the east. And that is of a sufficient width to allow a collector street at city standards. Kubby / And if in the future that is an assessment project. If this goers through as proposed and is one day annexed, who pays that assessed value. Is it Mr. Wolf. Moen/ The arrangement that Mr. Wolf has with the property owner to the east from whom he is purchasing this property is that Mr. Wolf as agreed to pay for the paving for the first 200 feet as it extends east of Scoot Blvd. That would allow him to have access to internal streets within the development. Then at some future time as ]\'Ir. Prybil who owns the property to the east wishes to develop his agricultural ground. Then there is an arrangement with Mr. Wolf, as I understand, to acquire the balance of that r.o.w. and to make the additional improvements that would be required to extend that collector street to the east end of Mr. Wolf's Property to provide access to the Prybil property. Kubby/ Then that means that Mr. Wolf would own all the property and he would be assessed in the future at the street or widened, or are you saying that already is going to be at city standard? Moen/ No, only the I1rst 200 feet cast of Scott Blvd would be at the standard at. ;,'. " ,',f CHANGE TO 92-107 SIDE 1 Moen/ Mr. Prybil wouid choose to decide in it to develop his land. At this particular time, it's with the understanding or expectation that Mr. Prybll would be paying for the balance of that paving, but there are no agreements requiring that. Kubby/ And who, I guess this is for Bob, who services Modern Manor for J1re protection? Audience/ Inaudible. Horow/ And Monica, are the, when West Branch services those homes in the fringe area, are they up to Iowa City I1re code? Moen/ The, actually individualunitsl Horow/ Right. Moen/ There's, there's no obligation for them to meellowa City Code. Horow/ Even though they're in the fringe area. Moen/ That's right. . ',: t,' :1 , ' -. #3.p. page 10 Horow/Okay. Moenl The only thing that we require is information and a commitment from the fire district that this particular area's going to be serviced by the fire district that it's located in. But there's no obligation to meet local Iowa City codes. Novl And if West Branch had a fire code, they would have to meet that? Moenl I presume so. I'm not aware of any code. I mean, I don't know whether they have, whe1l1er that particular fire district has specific codes. [ can't answer that question. Novl But we do have a system where if a fire district, West Branch or any other, has fire codes, the people served by that district meet those codes? Moenl I can't, I'JJl not sure about that. It JJlay be a county jurisdictional requirement and I'm not sure the county, I'm not aware the county has those specific requirements either. Novl The state may have some though, maybe somebody else. Moenl Regarding manufactured housing, 1l1ere may be automatically certain requirements that are built in. Kubby I Are we going to allow the public? Courtney I Gary, anything that I forgot? Questions that you wanted council to, if you want to come up and, anything else tllat you wanted us to discuss? Gary Nagle I'm really not prepared tonight for any kind of discussion. I suppose I still could make. Courtney I Well you know [ just wondered if I'd forgotten any of the questions that you wanted me to bring up to the council and anything else that you. Come on up Gary. Why don't you come up. Naglel My name's Gary Nagle, ['m president of the Village Green Home Owner's Association. [ think the only real consideration [ guess that's our biggest point here is this transitional zoning. There's many different concerns that we've got that you've gotten in letters, in the petitions, But we feel this transitional thing is a big responsibility. The city needs to take some responsibility In this. You can say it's the county. You can push it air on the county. But [ think you've still got to look at the future. You've got to look at the area. You've got to be concerned with that and say, this some day is going to be annexed (0 the clty. We're seeing what-iI's ancl maybes on the I(lllr lane highway. Well, if that happens we clon't know when I." i i , , ; , 1 , ! , I I I i I I I I I I I , I j I I I I ! i I I I , i I i I ! ," "I , , ' ; , #3.p. page 11 that's going to happen. It's as Karen has said, who knows if that's considered a buffer. If could happen five years, ten years, 20, 30. Who knows when that is going to end up being there. But I think that witll these issues it is very important to these people in Village Green. We have talked about the school issue. We have talked about the devaluing of property. We don't want to come across in saying that we are the kind of neighborhood that we don't want them in my back yard kind of thing. We hope that we don't come across as that. We don't mean to. We are willing to see any kind of development come into Iowa City but we think there is a certain responsibility that the city has to people in the city to, even if it is in just a token by just deferring this. Ob\~ous]y it is not going to happen tonight. Or saying this is inconsistent. We think it is something that the city needs to consider here because it is inconsistent. The way we understand it it is not what is zoned. It is not in the fringe area agreement. Apparently there are some other things here maybe we don't understand. That it is zoned RS. It is not an RMH, whatever the zoning there. I am still nol clear what we are looking at there. Along with all of those other issues that we have already discussed and seen I think we just still feel that there is a responsibility on the city to take into account the transitional zoning question and do something about it and not just say well it is going to be fine in twenty years. I don't think that is an adequate answer for us. Nov/ Unfortunately we cannot do somct11ing about property that isn't within the city limits. I agree with you we ought to reconsider the fringe area agreement. We ought to discuss it and reach a new fringe area agreement. I think you have a good point. Courtney/ Karin, I am confused on it. Now he is saying it is not in the li'jnge area agreement and you are saying that it is consistenl with the agreement. Can you layout this agreement for us. Franklin/ [ don't have the exact language but the agreement basically says that in Area 5 agricullura] use is preferred. That residential development can take place where residential zoning is in place. In this area it is in piace as lIS. It also indicates that this is an area because it is within one mile of the existing corporate limits that annexation is anticipated in the Ibreseeable future. Whatever that is. 'I '"1 , , , II3.p. page 12 Courtney/ You said that if residential zoning is in place that agriculture is preferred but if residential is in place that that is okay to do. Does it go into specifics whether what type of residential. Whether it already is or it can be changed. Franklin/ It' does not speak to the nuances with differential densities. Courtney/So the agreement doesn't come right out and say that it has to be the same residential zoning. 11 doesn't- Franklin/ It doesn't speak to that. A lot of the language within the fringe agreement generally is balancing off whether land should stay in agriculture of should be developed for residential development. And it is basically those two options and in many of the areas it says that the agricultural uses is preJerred. That residential zonings where you have existing RS zoning that residential development can take place and that is fine. In this particular area how it differs from some of the other areas is that it does say that annexation is anticipated within the foreseeable future for Iowa City. WhJch would distinguish it from some place on the west side. Larson! The other difference is that we don't have our platting situation. Franklin/ We don't have a platting situation with the mobile home park, no. But, again too, if zoning were in place we would be baSically looking at the design and the considerations that we 'Ire looking at in those conditions that were placed on it. Larson! But that is where we often have some impact on these in a city development within the platting process. Franklin/ Right. Nov/ Do we have an agreement that says we are required to approve this and if we do not approve t11is they cannot change the zone. Franklin/ The only power that the council has is to review and comment on rezonings. The ultimate power for zoning in the county rests with the county. Likewise, with annexations, the county can review and comment on annexations that the city anticipates but they don't have the right 10 veto or prevent that legally. Courtney/ Any other conIJnents by council. Kubby/ I had two quick things just to reiterate. I thjnk that the set back Oil Scott on the west and any kind of vegetative screening that will happen with further parts of Village Green. Scott Blvd as is nne! then albeit: a smaller set back. But a set back with the Spruce and whatever else up there is a buffer lor Village Green . .'" 'I , 1f3.p. page 13 from other land uses. And since we don't have a levemge via a plat, I really want to actively lobby the Board of Supervisors for these conditions. I would like to propose that and [ would be willing to do it if you give me permission to represent council. [1' that permission is not given I may go as an individual council member to ask them to take our advise seriously. Larson/ I don't have any problem with making our wishes known by methods other than the traditional way. I don't have any problem with that. Kubby / Or staff could do it. Larson/ Staff maybe would be better. Kubby / Thank you. Larson/ I just mean that they could perhaps persuade us of the nuts and bolts of why these things are important to city policy and those kinds of things. Also I didn't think you were going to get permission from the rest of us. Kubby / I know that they don't like me to represent them. Courtney/Well I am torn on this thing because [ do have some sympathies with the people who have recently built along there. And I also think that when you are going to build that close to the city limits you have to be more careful. Just a little bit further to the east of here a residential subdivision that is in the county is adamantly opposing RS-S coming in around them because it is going to lower their property value and the houses that are proposed to be built there are actually going to be of equal or higher value than the houses that are in that subdivision. And now we have just the opposite side of the coin here with people In a subdivision saying the lower price stuff is going to lower the property value. I don't think we know for a long time what actually wl1l happen to the property value. But the bottom line for me comes down hcre that we havc in placc this fringc arca and [ think that It is clcar to mc now and thcrc is rcally no Icgalmcans for mc to turn (his down although wc arc going to votc on it as writtcn which is passing along thc recommcndation that it docs comply with thc city's rcquiremcnts. Wc arc not dropping that out of it. That is clear too. And it is going to be up to Mr. Wolf to convince the county that those requirements should not be put into place. Kubby/ Another bottom line for me js the price rangc of this housing. It is rcally important to have the option in this community. ',' ' " 'I I , ' #3.p. page 14 Mr. Wolf has a good track record of providing this kind of housing when you need it. And it is getting full. Along with this vote I would like us, as council, to direct staff to appear at the p.h. to lobby for these five issues. Courtney I Also have some discussions with the chair whoever that might be by the time this comes up on their agenda. Kubby/Is that agreeable to council that we do that. Larsonl I don't care if they do it at the p.h. or staff does it with staff or with- I don't want to tell them how or what method to use when they communicate to them. My concurrence with you is that they make these things known better than just our ordinary bland letter. McOI You are talking about the county's p.h. Kubby/Yeah.Oradirectc !vleDI Our staff go to a county p.h. to lobby the supervisors at that particular time. Kubbyl You bet. !\ofcDI If you want to get all five items thrown out, you send staff down there to do that. I guarantee you 1I1at, Karen. Larsonl Sounds like john has dealt with the Board as mayor a little, bit. Nov/ Maybe john should go. McDI Yeah. I would probably get thrown out. Kubby / I don't think they take our letters seriously and since we don't have any leverage with the plat I think we need to do more than just a letter 1Imt we need some more umph behind it. Maybe there is another strategy that you can suggest by talking to Board members one on one or not at the p.h. At an informal meeting. I am open to suggestions. My bottom line is that we do it actively vs. passively. I am not attached to how it is done. Courtney I I think each of us should use our own judgment on who we talk to and how active we want to be. Novl I think we ought to reactivate our fringe area committee. Think about doing these things differently. McDI That is great. That is fine. Franklin/ just for councIl's information we do have a meeting of the two commissions on januaIY 14 to discllss fringe issues. So we are activated. Kubby / Are those meetings open to the public. Franklin/ Yes. I".. j i I I i I , I I I I '. '; ~ '1- -- #3.p. page 15 Kubby! Janumy 14. Franklin! 7 PM, City manager's conference room. Horow/ Karen, we have a budget meeting. Courtney! They are going to be in there while we are out here. Great. Any other discussion. Any other discussion. All in favor of passing along a favorable recommendation. (aye) Opposed- Motion passes. . ". ". ." ........, I I I I .....,;'1 "I j' , I I 1 I I I I , "1 I , ' -. #4 page 1 Courtney I Public discussion... Mark l3ean/ 2 Dunuggan Crt in Village Grecn. This has nothing to do with what was just discussed about. I wrote a lettcr last wcek to jvlr. Atkins and I would ask him to forward that letter to the council he would please. Atkins/l intcnd 10, Mark. l.3eanl The reason I am herc is for the second time in two and half years the city's sanitary sewer has backed up into my basement. I am thc only one in the Village Green area that this happens to. We just happen to have a low drain compared to where the manhole is. It will come into our basement before it comes out the manhole. I have talked to Rick quite a bit about it. I think he understands it is a city problem right now as far as the sewer goes. Hc also mentioned that it is going to cost more to fL, that one problem than it would bc to buy my house. In light of financial problems that scares me a little bit. What I am here for is to ask each and everyone of you that I don't have to wait sLx months this time like I did last time to get the problem resolved, get my basement back in place so my family and I can start using my house again. We are using half a house and we are a pretty close knit family. But it can be straining at times. Kubby/l assume it is something like with our finance departluent. Atkins/ The issue and Marks assessment is right on point and is a very legitimate concern. In fact Chuck and I were just going over it this afternoon. When we had that bad rain we had about one half dozen bad spots. We couldn't find a pattern. They were just kind of dotted all around town. Mark's being one of them. And Chuck immediately within a couple of days went out and assessed each one of those and there are varying improvements that have to be put in to help correct some of these problems. Mark's happens to be the most expensive one with respect to corrective action. Our plans right now, Chuck and Rick are working on them, Is to get it corrected. It Is a toughie because the house-just a number of velY difficult issues. Courtney II think his main concern noW is the finances of the lIability being taken care of so pay can pay to fix his basement. lllean/ I waited, the last time this happcned in June of 1990, I was reimbursed half of what my claim was for six months later. I I , I I I I I' i I \ I i I I ! . ~'" ' \ I i I 1 I , I I i , ~ i i I i i ! i \ I I I , I , I I I -. #4 page 2 And I don't care to wait six months again to be reimbursed for the damage that was caused by the city tllis time. Atkinsl I don't have the details. I got your letter the other day. Gentry I Have you filed a claim. Atkins/Yes that has all been done. Gentry I We can follow up on that. Atkinsl That is what he asked for in the letter and I just got it and read it and we will have something back to you promptly. Beanl Thank you. Courtney I I was there the one two and half years ago and it is a tough problem. Atkinsl lv/ark didn't say. it is Dunnegan Court. Over on the southeast part of town. Novl Are we going to have to raise a manhole or lower a manhole. Courtney I Can you give us some enlightenment on that. Without having actually laid eyes on it it is tough to envision this thing. Fossel If you recall a couple of years ago we put a new sewer through Mercer Park. And that was a 11rst step in alleviating this problem and it actually alleviated some downstream problems from that. Now we have to sneak a sewer from the ending point of that one between eight homes to get up to this point to relief the area up there. It is going to be a tight project. We have got to go through some side yards. Nov/We are putting in a new sewer line and taking out an old one and putting in a new one or putting in an additional one. Fossel Haven't made that decision yet. Kubby I Is the problem capacity of the line. Fossel Yes. Kubby I So I guess for preventative measures we need to make sure that we are estimating correctly as to what size of pipe we should put in. Fossel The preventive measures are exactly what we are doing in Whispering lvleadows subdivision. That is an area that would have benefited from those requirements many years ago. That is a good outlet for sump pumps and footing drains. That is probably contributing to the problems in all likelihood, Nov.! As Village Green expands can we plan ahead and build these tile systems. Fossel Actually there is one other subdivision In town that does incorporate those things that Whispering Meadows will incorporate and that is the newest section of Village Green has J I I i , I I I ] I I , I I . "'1 , , ' ", , "'1 'I , , -. #4 page 3 got subsurface drainage for oullets for sump pumps. So we are taking them into account. Courtney/Any other items for public discussion not included on tonight's agenda. Jim Sladek/] am a rural resident of Johnson County and] am concerned about the water project and tile comprehensive water plans it is unfolding in our area. We came as a group approximately a year ago and voiced our concerns. As] recall one of the biggest problems with that point was communication or lack of communication. And here] am now, a year later, and nothing has changed. We have no more information. All that has changed is the city is proceeded with the plan and they are, as you know, begiIming to condemn property. And as an indication to the lack of communication, we had a meeting with the Board of Supelvisors last Thursday and this was put on the agenda for today and] know the city manager was notified and ] imagine a lot of you saw it in the paper and] would i1ke to know why there was no representative from the city there to address tile problem. Larson! Let me answer that so the city manager isn't construed by people as answering defensively. City staff and city otlicials are summoned by the Board of Supelvisors. And to ask on Thursday that we come to a meeting on Tuesday when he is in the middle of budget preparations with no advance warning just isn't appropriate. And] thjnk the city manager responded that we would be glad to provide information and a full report and have staff and counci!members be involved in that., But] just don't think we deserve any blame for not making it to a summons to be at a Tuesday morning meeting when he gets notice of that on a Friday. Sladek/ ] don't think we expected the city manager himself to be there but there was no staff there at all. Larson/ Well we did have someone there. Sladel</ And this project has been 011 for two years now or a year and a half and the city has never once volunteered to have a meeting with us as a group. Larson/ I just wanted to answer that specllk question. ] want to tei! you that] think you are right in some ways about communication. I don't think-I can't believe that there wasn't any infol111ation packet from our city attorney sent to resident who wanted one because that was our direction a year ago. . i i I i i I I I I I i I I I I I , I I I I i , , \ ..'1 I , ' '.. #4 page 4 Gentry / We have sent hundreds of them. Larson/ 250 packets. Horow/ I want to make-I want to get this cleared up about intormational meetings because I'm under the assumption there were informational meetings, more than one of them. lvIr. Atkins, is this? Atldns/ We've had plenty of meetings with folks down there. Maybe not with Mr. Sladek. Sladek/ No. Not as a group. Never. It's always been individual landowners on a conquer and divide basis. Atkins/ Well I've gone to some group meetings. Larson/ Well I knoW that there were at least some group meetings because I heard from residents down there who said that they didn't go to any more meetings because the attomey they hired to represent them at the meetings sent them a bill, and they didn't know that was how it was going to be done. Sladek/ That was a different group lmd [ don't believe that group ever hired that attorney. I think she volunteered and then sent a bilI, was my understanding, Larson/ But what I wanted to be clear about is that I set next to two supen1sors tonight at a dinner for Dave Nag[e and I apologized to them because I think it's ridiculous for supervisors to be getting information requests froIll their constituents and for them not to have gotten the information from the city to be able to respond to those requests. There are a lot of information type tllings that we need to give the supervisors and I don't knoW why they didn't get that information, but they're going to get it very shortly, I can assure you of that. And that's not polite for us to leave our elected official brethren and women on the Board of supen1sors to not be able to answer those questions when the kind of informational questions such as wHimy well be affected by the city's drilling? No it won't in any way. Does the city have the legal right to look in this area for water? Yes they do have the legal right. Does the DNR have to approve those things? Those kind of questions the supervisors should have been able to answer. It's our fault as a city they weren't not, they weren't able to. So I want to apologize to you about that. That's a separate issue to me from sunllllOning on a Friday to be at a Tuesday meeting. But there's no doubt the communication the communication ./ , -:" 'I . ' '" 114 page 5 between the city council and the board of supelvisors wasn't what I'd like to see it. Sladek/ Well, not just that but with the residents in the area. I mean, it's an insult to the residents that we have not been. Larson/ But any resident that called the city got a big packet of all kinds of materials explaining the procedures, the law, the practical matters, 250 of those packets went out, and absent of mailing out a packet to every resident of the county, I don't know how else we can do things. Sladek! I don't think those packets really address a lot of the issues we are very concerned about. Larson! That's a good point. If you have other issues that aren't in those packets, then. Nov/ I don't think, velY few if any of our Issues are covered in those packets. I mean, you could send packets out, I don't care if you want to send a tllousand, if they don't address the problem, what good does it do? Larson/ I thought hey covered evelY issue. I read them. I thought they were velY good, but maybe you can give me an example of issues that weren't covered. Nov!lf you want to ask questions that you need answers to we certainly can ask our staff to write an answer to you. Larson! I can tell you that I don't think a council member and I know that I have not gotten one single request from a county resident for information of any kind. And I know that no city staff member would get a request for information and not respond to it. I have a law partner that Is on the Hills city council and I have asked her several times are you getting questions about this. Is there a concern at the council level. And no there hasn't been. Sladek! I can say that there is concern. We had an informational meeting for people involved and we had probably 200 people show up during the last week. Larson/ Don't get me wrong. I think the concern is legitimate. There is all kinds of unanswered questions. I am just saying that there are answers to those questions and we are willing to pro\~de them. Sladek/ I guess we haven't gotten them. Kubby / I guess then we don't know what the concerns are. We feel like that from those packets the concerns are answered so what , ; I I i L i , , I I I I , ! , i I , i I I \ I \ I , I , i I \ I i " I I i I I i i I , -.....--.......-.. . .. "I " , ' -'. #4 page 6 we need is 10 conlllIunicale with you so you can explain what are the concerns. Sladek/ I guess one I could bring up would be the fact that a lot of this work is being done is supposedly just in the testing stages or they are searching for options. And it would seem to us that coming outside the city limits on the private property in the county would not be an option until all options within the city limits were investigated and found not to be available. Larson/ That is entirely correct. I think it Is entirely the right way to look at it. And it is exactly what we have done. We have anticipated and looked at all the options for water wltl11n our city limits and have determined what the feasibility of those options are. Until we have the county water option to compare we can't analyze. We may decide that although it is h\1ce as much money to use city water, we may decide that 1113t Is the proper option. But we need to analyze both options. Sladek/ You can condemn property ion the county for financial reasons only. Not-fmancial reasons show a need. Larson/ I am sorry I missed your question. Sladek/ To condemn property you have to show a need. Does the fact that it is cheaper to take our water then to treat your water is that demonstrate a need. Larson/ I think that Is a legal question but in my mind it does. In my mind that is one of the factors. If for instance as a city we determine it would cost us $30 million to use our water sources and $15 million to use state water sources that are available by iaw to us that don't happen to be in our city limits !lIen I think that is a factor that we would be allowed to consider. Sladek! Well I don't also agree with the $15 million figure. That doesn't take into account property devaluation or land use restriction the future. l.arson/l don't know the details of that figure. Horow/ But has that aspect been mentioned in the packet. Sladek/ No. Atkins/ Yes, GentJy/ Yes. Yes it has. Larson/ I guess rather than argue about it because I don't want to speak to it as the council's representative on this. I don't want you think that I am speaking for the whole council because I am not. We haven't discuss these kinds of things. But I think th,\1 if you had written questions that you would get written or , 'I ., , -. #4 page 7 group discussion answers from the city and that is all I can tell you. I really think the city would do that. And if we have already answered those questions we might repeat the same answers. I think that if you have questions for us we will answer them. Sladek/ Well, I appreciate your time. Nov/ Could you possibly read the packet that was sent to you and mark any questions that you have questions about and send it back. Gentry / I would rather have written questions. I keep calling one of the attorneys that appeared here before a year ago when some of you were here and I keep saying. Sladek/ Who is this. Gently / Billlvleardon. And I said what is the response of the people in the area. And he said I don't hear from them any more. Gently/And no one has ever called me. Larson/ Again, I want to reiterate because [don't mean to be combative because [ appreciate your coming forward. What 1 think we have done wrong and [ am not blaming anyone and [ don't know where is came from but I made sure last not it wasn't going to continue is that I think it was impolite and discourteous of residents and our fellow elected officials that they did not have the information to respond to those k~lds of questions and that will get resolved very quickly. Kubby / And also what I am hearing is that you would like a group public meeting for small groups. Sladek/ To me it would be appropriate to have a p.h. that would involve the city council, the supelvisors, and the DNR as the regulatOlY that controls all of this. Kubby / And maybe some information explaining evelything in a large group and then questions from people. Sladek/ I think that would be very appropriate. l<'U'son/ We should consider it. Kubby / Could you consider that a formal request. Atkins/ We did that in 1991. Kubby / I am hearing that that needs to happen. People need and want inlormation. This is a huge project. Sladek/ [ think you are underestimating the scope of this project. I really do. Larson/ Were you at the MayoI' 199] meet ing similar to what you were talking aboul. I , I \ I I I , I I i I I I I I i I I I I i , I , I , , I . -"I I , ' -- ; , #4 page S Sladek/ And there are still unanswered questions from thatmeering. I think we should error on Ihe side of too much communication than too little, Genlry / Can I just ask one question before you sit down. Are you aware of the meeting at the Highlander on Welll'lead Protection Program. Sladek/ Yes I am. Gentry/Are you going to be there. Sladek/ I hope to be. Gentry/ I will see you there, Sladek/ Okay. Genlry/ Thanks. Sladek/ Thanks for your time. Kubby lean we arrange some- Atkins/ I offered that when I talked to the County Board Chair yesterday and the letter that I am preparing indicated that it would be preferable to have some type of a smaller group meeting with the directly affected parties as well as really generally anyone else. Making a presentation to the county bOffi'd. That would be your call. If you would like us to do somel11ing. We have done that once. Kubby / Let us do it again. Atkins/ I am putting together a packet of all the information we have. It has been distributed any number of times. Larson/ I guess the one fact that I think an awful lot of residents in the county would logically be afraid of and maybe don't know is the water source that the residents in the county use will not be affected by the water source that we are looking to tap. 11 is a scienlil1c fact that I think people don't know. Sladek/ (Speaks /i'om audience-can't hear) Courlney / Any olher items for public discussion not included in tonight's agenda. Kubby/ I guess I feel like this isn't resolved. I would like us to say- Courtney / I think we need to sit down together- Kubby / I guess what I would like from you all Is to put on paper the additional concerns as specifically as you can so that we know best how to respond to your specific concerns. Courtney/ I would like staff to come back to us for an informal discussion and remind us of the chronology that has gone on here and what has been done so that we can all reli-esh ourselves all the way through. Because I recall silting through i I ! I i I i I I i I I I , I I i I I , i i I i I I " , . ,.\ .. I " , , '" #4 page 9 several sessions on this. And I just like to have that brought back to us and then we can decide after seeing that mld hm~ng the input from staff what the next course is. 110row/ I also would like to ask that we get in touch with the County Board of Supervisors and solicit their questions. Perhaps after todays'- Atkins/ We are doing that already. Nov/ If we schedule this discussion for an informal meeting would you invite the supervisors. Tell them council is going to discuss this, it is an open meeting, please come. Atkins/ Sure. That is fine. Can't hurt. Sladek/ Is there a possibility that the condemnation procedures can be held back until- Gentry/ We have someone from 11& R Green who is attempting to contact and negotiate probably as we speak. Our preJerence is not to condemn. Our preference is to negotiate. Sladek! That is not our preference and that is not going to happen. I guess I would like 10 know if that process can be stopped until- Courtney/Are you personally in danger. Sladek/ No but we m'e in comlllunication with the people that are. Atkins/ There are five property owners two of which have already agreed. We only have three. Sladek/ Those three are very concerned tlmt they are getting steam rolled and I guess just as a token to show- Larson/ I would like all of their questions answered tomorrow and I don't see any need to stop condemnation procedures while we go on with that. But I don't see any reason for their answers to take along time in getting them to them. Atkins/ I know our staff has met with those three parties any number of times and they know full well they can have anything with respect to any information that they like. All they have to do is ask. GentlY/ We are trying to get the questions. Atkins/ The negotiation process has been continuing for months. Courtney / I thjnk those three parties have been contacted many times and Jim may not be privy to all of the contacts that have gone on there and there is a reason for that. He is not one of those th ree parties. ... ~ - ItS page 1 I I i Courtney I Open the p.h. I have a question for Marianne. How will any public comments possibly made tonight be responded to and incorporated into the docllment if we are voting on it. tvlilkman/ They won't be responded to. They will just be in there. All we are required to do is state we the public comments are. Horowl I had a question like that too in terms of the comments that have been made about regional cooperation. tvlilkmanl They have already been included. Kubby I So I guess I would like to make a comment during the p.h. and that is on page 11 when there is a listing of possible bCUTiers to construction and rehab of an affordable unit. One of the big barriers to me are profit margin and it is not listed on there and it is not to say that profit margin sizes are legitimate or illegitimate but just that they are a barrier because people- obviously developers they need a certain level of profit margin and velY few people have been willing to decrease that margin in order to pr0\1de either owner occupied or rental affordable housing. And I think it is important to list that because for me it is one of the biggest barders. Horowl Karin, I have uncomfortable as a councilmember putling that down. This Is a free democratic society. We are a capitalistic state and profit margin is part of the gain. Kubby I As a member of the public I am just making a comment about what I believe the possible barriers are. To me that is a barrier and it is not listed. Just a comment. Novl I have a question that Marianne could answer. On page 21 there is a discussion of Home funds and it says the city hasn't received approval of its application and the city expects to receive notillcation from IDEO in early November. Did we receive anything. Milkmanl Not yet. I have been talking to them evelY week and they have had-it is a new program and they have had real problems with getting a lot of the things rolling. If you have a new program you not only allocate the funds but you have to get the rules out and the contracts and so forth and they have ad some staffing problems'and things have gotten delayed but we do expect to hear very shortly. Novl On appendix carries a reference to a p.h. on 12/8. I think you have to change that one to 12/15. Milkman! Right. That has already been changed. Larson! Naomi lives for these things. 'I I , ' i , I i i I i i , I ! i , i I I , I ! , i , , , i i I i i .'.,: - #5 page 2 Nov! I do not. Milkman! I would like to make one quick comment and that is on page 1, the Table. I just want to make sure that you understand that the last column which is the federal fiscal actual resources and what the HUD wants there is the resources that actually been committed but not necessarily spent. So that although we have every good looking figure of $6 million down there a lot of that is being spent now and will be spent during the next federal fiscal year. So that these numbers won't appear next year but they will appear on the actual expenditures. I just want to clarify that. But it is a pretty impressive figure that you do have that much commitment and about 40% of it is from the private sector. Courtney! Any otl1er discussion of this item. Close the p.h. I I , I ...t. ,', , ; , Agenda Iowa City City Council December 15, 1992 Page 11 ITEM NO.6: CONSIDER A RESOLUTION ADOPTING THE CITY OF IOWA CITY COMPREHEN. SIVE HOUSING AFFORDABILITY STRATEGY (CHASI ANNUAL PERFORMANCE 02.32. '0 REPORT FOR FEDERAL FISCAL YEAR 1992, AUTHORIZING THE CITY MANAGER TO SUBMIT SAID REPORT AND ALL NECESSARY CERTIFICATIONS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER FOR THE CHAS. Comment: See Item No.5 above. This approval includes comments received at the public hearing. 'nf!./uP ) /0k/7 I .. Action: Ik~ % ITEM NO.7' PUBLIC HEARING ON THE CITY OF IOWA CITY'S PROPOSED APPLICATION TO THE nATE OF IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT FOR HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS Comment: Because of a timing problem with obtaining HOME funds, Mr. Roffman has decided to withdraw his request for approval of a HOME application. As a result, no public hearing is required. Mr. Roffman plans to rehabilitate the O'Reilly Hotel with private funds. The units will be market rate, and will not be affordable for low. income tenants. - Action: ITEM NO.8. ANNOUNCEMENT OF VACANCIES. a. Current Announcements: (1) Human Rights Commission - One vacancy for an unexpired term ending January 1, 1995. (Marcia Ceaser resigned.) (2) Commillee on Community Needs. Two vacancies for three. year terms ending March 1, 1996. (Terms of Linda Murray and Lisa Oxley end.) (3) Broadband Telecommunications Commission' Two vacancies for three. year terms ending March 13, 1996. (Terms of Cordell Jeppsen and . Roger Christian end.) These appointments will be made at the January 19, 1993, meeting of the City Council. b. Vacancies Previously Announced: (1) Board of Examiners of Plumbers' One vacancy for 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 January 5, 1993, meeting of the City Council. . '1 I , ' i i I i I I i I I ,,,.. , i -, Agenda Iowa City City Council December 15, 1992 Page 12 ITEM NO.9. CITY COUNCIL APPOINTMENTS. a. Consider an appointment to the fill two vacancies on the Human Rights Commission for three year terms ending January 1, 1996. (Terms of Dorothy Paul and Haywood Bell End.) I ~ Action: p.J ,~< ih4 '.I i??4~ '" fl6~/;~ /h;iJ1 ~;/A JIIJI k./~ e/ I . Consider an appointment to the 80ard of Adjustment for a five-year term ending January 1, 1998. (John Pelton's term ends.) A/,~ ~f!" Action: thAhAU1> ~d'A.._ //;;1.;;1, ,xU/4;,M/Y) ~ c. Consider an appointment to the Design Review Committee for an unexpired term ending July 1, 1995. (Kay Irelan resigned.) Action: 04/, IA~NA:/;7 p) ITEM NO. 10. CITY COUNCIL INFORMATION. . "!p,,,, jdA) ITEM NO. 11 - REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY. a. City Manager. ;1/ ~) b. City Attorney. ~~) ...." , , ; : , I I i i I [ I I I I i , I i i , \ j i i I I j f I I I I I I I I I I I I i i I I I , . ',t' .. 'I " , ' -. #10 page 1 Courtney/ City Council InJormation. Kubby I I have three items. On this day in 1865 the thirteenth amendment was ratified abolishing slavery. And I think it is important to remember these dates in our history and I thought I would mention it. I also wanted to mention something that we had discussed last night. Amy Wilcox had brought the issue of deer signs to our attention on North Dubuque Street and I want to make sure I am understanding what we decided last night. Is that we would put deer signs up on arterial or collector streets where the speed limit is 35 mph and that there are 7 or 8 possible locations where there have been problems with deer crossing roads. Is that correct. Atkinsl You go it. Kubbyl And we will be putting those signs up. Courtney/But we also didn't guarantee that we would put them on all of those locations. Only if it is justified and if there is a problem. Kubby / Correct. So it is velY important that if you have an jncident with a deer that you report it in some way to the city and if it is on a highway that you report it to the state. Courtney/It is ironic that when I got home last night. The household was all in a tither. They had looked out the ]i'ont window and there were four fully grown deer in our front yard. I came around the corner right as tlley left. I called to get a sign put up.... Kubby I There were four deer last spring going down Washington Street and one of my roommates was beside them on a bicycle trying to get calls to get out of the way.... My last item is to talk a little bit about our annual energy use report that we get every year at this time. It is really an exciting thing that the city has been doing for at least 12 years. Whereby in that time frame we have saved the citizens over $2.6 million in energy costs. $273,000 in this current "Y. That is a lot of money. And it is due to the City having a halftime energy coordinator who not only uses technology but deals with attitudes and behavior and staff. Department heads and rank and me people and they are very good at having behaviors that decrease energy usage in the cJty buildings. And I want to thaA"1;talT for participating in these things and we are at a pojnt now where we can take the money that we ..'., , " ' itlO page 2 save from energy cost and put it back into the program. And we are at a point nolV that we are not spending as much as we are saving so we kind of have a surplus and I want to use this as a role model for other either large businesses or other jurisdictions in the Iowa City area to look at coordinating some of these efforts like the City of Iowa City has done. Meaning the school district, the County Board of Supervisors and any large businesses, It is the way to save money and I think it is an important thing. That is all I have. Larson/ A couple of quick things. Deer signs issue. I mentioned 111is last night and I will mention is again tonight for the t.v. cameras for those brave soles watching this this late. And that is the council did not decide not to put up deer signs at these locations. And so it wasn't a question as it seemed to be inferred by the newspaper articles that this woman brought the idea of putting deer signs up and we all said no. We did not consider it until last night. When we considered it we thought it was a good idea. There is city policies about allowing private signs on public property that are natural. But I just wanted to make it clear to people because I have had so many people come up and say why won't you people put up deer signs. And it is pretty common sensical that you got deer crossing there so put up a sign. I just want to let evelyone know that we hadn't said no and now we are changing our mind because of the ground swelling of public support to save the deer. Secondly, I think that the ramp fines continuing at the rate that they have. I am talking about the prohibition of parking on the first three levels of the Capital Street Ramp prior to 10 AM whjch we put in place in August or September in an attempt to tIy to open up some spaces during the day for shoppers and other people needing those spots because they were all taken up by employees of the d. t. and students CHANGE TAPE TO REEL 92-107 S 2 We got this week. 30 a day. That we ought to consider an amnesty program. 1 don't know jj' it is more trouble than it is worth or iI' it is too complicated logistically or whatever. But I think everybody ought to get their first ticket three. Because I have people that are judges. court attendance, business people, -....'''._--,...~....,''''',.~''',:........-..',''". ........ .-.~-~ . ,. ." -, I I I I I ..'.'1 I , #10 page 3 people that can all read and look around them. When I go in the ramp now I see twenty signs. They got signs every where that you can imagine but their are still velY well meaning law abiding intelligent people that do not notice them. They are just not thinking of that. They have gone in the ramps so many times, they are not thinking about looking at these things, and I would like us to consider it some other time and not tonight, the idea of giving an amnesty on tllis tiling. It is continuing and it is just taking awhile for people to learn it. I think it is good because it has worked. It has opened up spots dming the day, I want us to put that in the back of you renlind and consider it again some other time. I was going to talk about the water. We covered that earlier. My last issue is also county related and that is the airport. I don't care what any of the airport commissioners say the city of Iowa City has not decided to move the airport. I have had to say that to so many people. I want to say it as bluntly as I can, The Airport Commission hasn't decided to move the airport, the City of Iowa City hasn't decided to move the airport. The Airport Commission with federal FAA money comnlissioned a study to determine whether a good location was available if we decided to move the airport. As I hied to tell the commission and they insist on ignoring my advice which makes them par for the course is that the only reason in my mind to justify ever mo\~ng the airport has nothing to do with the functioning of that airport. The runways are fine. It meets most everyone's needs. We don't need to compete with Cedar Rapids and so on and so forth. The only reason is If the law suits form property owners from around the airport become so great a burden on the tax payers of this city that it would be irresponsible not to look at other locallons. That is the only justification for eve moving it in my mind. And so until we get some more feedback on those other property owners and how those law suits are progressing and there are some between a half dozen and a dozen of those lawsuits. And until we look to see what the cost of another location would be and the pros and cons, please don't think that we are anxious to move the airport. Wo thought that it was responsible with respect to the millions of dollars of damages approaching us ll1at we would be ready in case it does become a situation. Enough said on that. ;" .', " . -- ..-. --~ "I~I" J -- . .1 Ii #10 page 4 Kubby / If I could just remind people of the next meeting date., The relocation task force which Darrel and I represent the City on will be meeting this Thursday, December 17th and the Task Force will be meeting at the Iowa City Public Library from 2 -4 PI"I and there will be a p.h. from 6-8PM. There won't be a fOl1nal presentation at the ph. but tlle consultants will be there. Many of the committee members will be there to answer questions and give out information. Larson/ I guess what I mean as the Commission when they talk about this they talk about the airport getting land locked or whatever or surrounded by businesses. That is their polite way of saying it. My way of saying it is money. If the tax payers are going to have to pay damages tllen we need to be responsible and look at other locations. I just want to interpret that they aren't being as blunt about that as I tllink that they should be to make people understand. Courtney/I have a whole new perspective on this issue on competing with the Cedar Rapids airport after sitting on the end of the runway in an airplane for five hours in the fog when the sun was shining in Iowa City. I think we could make a fortune competing with that airport....we were on the airplane for five hours.... Nov/ln the current information packet there were a couple letters suggesting that we spend our increase in Hotel/Motel Tax differently. Can we answer those in some way saying that if we have money to give to the Arts Fest. and the Johnson County Historical Society we will consider that at budget time. Can we at least give them an answer. Atkins/ When they called me about sending a letter to you I indicated, from Lori and Lori. Nov/ Lori and Mmy Neu. Atkins/ I can't remember the other person. However, I indicated to them that yeah we would pass the correspondence along and I am under the assumption that when you do the budget that you decide. There are fully aware that you have adopted that policy position that pretty well spells out and that is how we budgeted so that if there are going to be any amendments \l1<1t you would have to amend it sometime during the budget process. If you would like me to correspond in that kind of fashion to them I would be happy to. Nov/ If they are already aware of this then you don't have to. I I i i I I r , ,'. , : -.,.;, ,'i"''', ',-, :'>::,,.:,':" ""'1 " " -, , , #10 page 5 Atkins! Well, we can send a letter to them. Nov! If they really expect that they are going to get a piece of the Motei Tax then they need to be told that that Is not going happen. Atkins! I will take care of that. Kubby! Or they need to lobby us. Atkins! I did not discourage them from writing you a letter to put their position on paper. Nov! Alright, if they have talked to you already. Courtney! You might also encourage each of them to apply through the CVB grant program because there are going to be some extra funds there. Larson! And on that issue, Naomi, are we having a separate discussion sometime about this issue of Coralville wanting a welcome center and those kinds of things. Courtney! Yes. We won't be doing that until after the CVB has held their annual planning session in Janumy because they have to. The board is going to have to define its mission from here on out and decide what sort of direction that they want to go. As a operator of a welcome center as well as a marketer of tourism in this area or just as a marketer and the board has to decide that before this- Larson! I think they would be wise to get our impression on the front end so they don't waste a whole lot of time if we are Just not going to go for that. I don't know how they feel about it. Courtney!The mission of the board really has a lot to do with whether the board would choose to move to a different location or not. I think there are some split opinions on the board as to what the mission is going to be and we need to work that out amongst ourselves. Nov! There needs to be some fmancial considerations also. Courtney! Anything else. I ! ; ! i , I I , i I i I i I , I i . .;, , I j #11 a page 1 i i I i I i , I I , ; I i , I I , i ! I i I i Courtney/ City manager. Atkins/ One item for you. While I was not attending a county board meeting I would like yOU to know that I was doing something productive. We were in the process of preparing the budget. Late yesterday afternoon Don, 111e nnance director, has been working with Evensonllige, Our financial consultant. We received a new IVork up on a refunding analysis of our outstanding sewer debt. About $37 million. And their recolllmendations and everything appears to be in order is llmt we proceed and proceed qUickly to go through a refunding. We have tbe eXisting autborily from the previous resolution that you adopted a number months ago. Don is in t11e process of contacting Our bond counsel to make Sure tllat evelytbing is in order. We are thinking about a sale ill tbe early part of Janumy. Again, a refunding. The numbers tl1at we have and 111e estimates I tbink you will be very pleased with is that we have 20 years remaining 011 this debt and IVe are talking about the potential savings of #3.5 million or a/111ost $200,000 a year ' in debt service payments so I IVanted to alert you that based upon that earlier resolution that we were going to go alld try to put this thing together qUickly. A lot of this will depend upon Our bond counsel, Ee\11S0nllidge and so forth So 11mt is underway. If evelything comes together maybe at your meeting on the 5th we will have a sale. That is it. ;', ," i I I , i I , I I i i I I i I , I ! I I I ! , I "\:"' '- 1111 b. page 2 Courtney/ City Attorney. GentlY / I wanted to let you know that I wiII not be here at YOllr next council meeting, IwiII be in Wisconsin at my favorite place. So Ann or Martha wiII be. I will be wen represented here. And incidentany of the two issues that you have talked about. As program chair for Kiwanas this month, we lli'e going to have the Airport Commission and Jim Schoenfelder. And we are also going to the Senior Center for Congregate Meals. We are listening to the voices of experience. Horow/ You know tomorrow night at City High is the DARE graduation. I wiII b~ attending that and I just want to let people know that that is going on and certainly open to the public. 7 PM. C01ll1ney / It is the largest graduating class to date of mostly six grade students. 260 some students. They have moved it to City High to get room to put them an. -.-----....- -- - ll1lIMUIIl.' I i , I i I I I i , I , I I i I I I I I I I I I I I , I I I I I i I i i I i i I , i , ! . II '. ' ".1; 'I I , -. Agenda Iowa City City Council December 15, 1992 Page 13 ITEM NO. 12. CONSIDER A RESOLUTION APPROVING THE DESIGN OF CARNEGIE PLAZA, A Q2, 327 PROPOSED DEVELOPMENT AT THE CORNER OF COLLEGE & GILBERT STREETS. Comment: With the sale of the parking lot next to the Old Carnegie Library, a requirement was placed on the purchaser to obtain City Council approval of the building design. The developer has worked with the City staff on the design proposal. A1u/Jk& ~jp-l/ ~<t/ f{d~ ITEM NO. 13. CONSIDER A RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE ~z - .3317 MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT FOR USE OF PUBLIC PROPERTY BY AND BETWEEN THE CITY OF IOWA CITY AND SOUTHGATE DEVELOPMENT COMPANY FOR PLACEMENT OF STREET SIGNS ON STREET RIGHTS-OF-WAY WITHIN WALNUT RIDGE SUBDIVISION. Action: Comment: Southgate Development desires to place distinctive street signs on City rights-of. way within Walnut Ridge to enhance the rural character of the subdivision. Southgate Development and the Walnut Ridge Homeowners Association will maintain the street signs. Public works recommends approval of this resolution. Action: r{aAtth// Y1 ~ I ~ ~~/% ITEM NO. 14. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AMENDMENT NUMBER 2 TO THE AGREEMENT TO DEVELOP , '12 - 33/, 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 Number 2 provides consulting engineering services to analyze, evaluate and recommend improvements to the City's water dlstribu- ' tion 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, Action: ; ."'1 " ;1 '" , ' , I #12 page 1 Courtney / /I'loved by Ambr, seconded by Horow. Discussion. Kubby /Would you like to show tJ1e design. You have got it here. We might as weHlet people see it Jim Glasgow/ The camera can see it but you can't see it. I am going to pass one other item. One thing I didn't discuss yesterday at the informal meeting was some of the interior details we are using and you will see. That is a spiral staircase that we are going to be using in the loft apartments. And it will be very ornate cast iron. Kind of indicative of what we are trying to do through the whole building. With a little bit nicer looking bUilding. Nov/Do the loft apartments have two levels. Glasgow/ They have two levels. Really what it is is a one bedroom loft where the bedroom is up in the bedroom area. Horow/ Is that a Jacuzzi? Glasgow/ That is a picture of a show house. There is no Jacuzzi in the lo[t apartments. Courtney/ Any other discussions or questions. Kubby/ Yeah for the underground parking. Glasgow/ Well I think this is a real good way to proVide tax base since you can't raise property tcu,:es anymore.... Larson/ Is it a public number what this whole thing will cost. Glasgow/ Somewhere around $3 million for the bUilding. The land is still being negotiated. The total project costs will be between $3.5 and $4.5 million. Horow/ Have you worked out with staff the alley way. Is it to be one way or both ways. In other words, between this underground parking and the oHler people who use that alleyway next to or behind Happy Joes, how are you going to do that Glasgow/ We proposed making it a one way alley and we are really leaVing it up to stan: We have set our entrance back 24 feet and we can go with it either as a two way or a one way. I don't think that has been decided at the stair level. Danny Gannon in the engineering dept. has meetings with us and we are discussing those types of things. As far as we are concerned on our project, we can go either way. Courtney/Thank you.! Any other discussion. Roll call- The resolution is adoptee!. , ; i I i I I I I , I i I I i I I I 1 I I .....j " ,/ III 4 page 1 CourtneY/Moved by Larson, seconded by Horow. Discussion. Kubby I I would really appreciate it if Ed or Chuck could explain what this addition is and where the money is going to go 10. $70,000 is a lot And where the money is going to come hom. Chuck Schmadekel Answer your last question first The money is going to come hom the monies that were appropriated for the study of the alll!l~al and deep channel aquifers. We have eliminated the study of the alluvial aquifer and the money that was saved form that lVe can use for this study. The last study lVe had completed lVas in 1968. We have utilized all of that data and extended beyond the limits of that study. The northeast area of the city We don't have any plan for how to serve that area. We have preSSure problems in the north area of the cily. Low pressures up tllere around ACT and their development I think we need to look at how we can increase the pressures. And there are other areas around the city where We have problems. Our Water mains need to be looked at Tlle study then can complete Ulat. We wiII get a computer program so that We can modIfy it depending upon where our Water source is. If it comes lorm the south, we can modify the program and look at how it affects our system. If we use river Water the Ivater comes from along the river we can modify the program lor that It is not going to be just a dOcument UJat giVes us recommendations. It wiII be a dynamic system that we can utilize in years to come. Kubby / II-Iy understanding is that part of it is also going to be how we can interconnect with the University system. It seems like wherever We can cooperate and not duplicate systems that it is gooel. Schmadekel Yes. And this next sUmmer we will probably have to buy some water /i'om 111em in order to meet some of the fedeml requirements for drinking water. We need to look- Kubby / Because of nitrate levels, you mean. ScllJlladekel Not so much nitrate levels. fellvloreno/ The sUrl~lCe water regs wiII be coming illlo play in July 1993. So We are talking turbidity and diSinfection. They are going to cut turbidity in half. Fromlto.5 and disinfection is going got have a whole new rule to it and we are going to have di1J1cullies with it. Probably Won't make 11. CourtneY/Any other discussion. l~oll call- I i I i I < i i j i I , I 1 ~ I 1 I l i i i . ! i , I , f i i I I I I r ~"''--'..'.'~,...'._'''''~' - It 14 page 2 The resolution is adopted. '.'1 I j., , i i i I I I I '" I , ' Agenda Iowa City City Council December 15, 1992 Page 14 ITEM NO. 15 _ CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE qZ _ 332 CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HAWKEYE LUMBER COMPANY FOR USE OF PUBLIC RIGHT.OF-WAY. Comment: Hawkeye Lumber Company located at 803 South Dubuque Street desires to build a fence two feet behind the sidewalk on Clinton Street abutting their property. The City property line is twelve and one half feet behind the sidewalk. The fence is intended to provide security for building materials. The fence will be built in compliance with zoning and building codes. Public Works recommends approval of this resolution. Action: rI{~) ht-6 'k(~ Yl~v % ITEM NO. 16. CONSIDER A RESOLUTION IN SUPPORT OF THE IOWA CITY RIVER CORRIDOR '12 _ 330 TRAIL AND OF THE FILING OF A GRANT APPLICATION WITH THE AMERICAN GREENWAYS DUPONT AWARDS PROGRAM, BY FRIENDS OF THE IOWA RIVER SCENIC TRAIL. Comment: Friends of the Iowa River Scenic Trail (FIRST) are applying for a $2,500 grant from the American Greenways DuPont Awards Program. The grant will be used for planning and en9ineering of the trail segment from the Iowa Memorial Union bridge to Ned Ashton Gateway Park. Through the Riverfront and Natural Areas Commission, FIRST has asked for a resolution of support for their application. This resolution in no way obligates the City to expend any funds. Action: ~} \\' ....1,,) ,~ . 1/ 1f'\~U1.91L (0 ITEM NO. 17. CONSIDER A RESOLUTION AUTHORIZING THE HISTORIC PRESERVATION '12.33'/ COMMISSION TO FILE AN APPLICATION FOR A CERTIFIED LOCAL GOVERN- MENT (CLG) GRANT FOR THE PURPOSE OF PREPARING A NATIONAL REGISTER NOMINATION FOR BROWN STREET AND BELLA VISTA PLACE. 'l Comment: The CLG program administered by the State Historical Society of Iowa, provides local governments with matching funds to conduct historic preservation projects. The Historic Preservation Commission has prepared a grant application for the purpose of nominating Brown Street and Bella Vista Place to the National Register of Historic Places. If the Commission Is awarded the $1,500 grant a local match of $1,850 will be required. The Commission proposes to provide this match throu9h volunteer work and through funds allocated In this year's budget for historic preservation activities. Action: ~:~J ,/Jm;, % -. 1115 page 1 Courtneyl Moved by Larson, seconded by Ambr. Discussion. l.arsonl Real quickly, why not build a fence on the lot line. I don't understand why we let them use our property. Schmadekel The lot line is 12.5 feet back of the sidewalk and currently cars park on aliI' property there when they visit the other businesses in the area. And I think that if they put the fence on their property YOll would still have a problem with cars parking there. I think that they would encroach over on the sidewalk if the fence were constructed. Larsonl Why do we let cars park on our property. Schmadekel There is just no way other tllan through police action that there is no way to keep them off. It is just open. And then Hawkeye Lumber has a storage area there. Encroach on both there property and ours. l.arsonl So we are just going to let them use 12.5 feet of our property for free just because it removes us with an enforcement problemlbr parking and so forth. Kubby 1 Probably save us a lot of money. l.arsonl Oh, I think we make money on enforcement. Novl What is the current condition. Is it all paved. Is it gravel. Sclunadekel It is gravel I think now. Novl So it invites parking. Schmadekel That is right. l.arsonl If we ever need it for any reason we could move them off. Schmadekel That is right. Gentry 1 Yes. l.arson! Okay. COLlItney 1 Any other discussion. Roll ca1l- The resolution is adopted. i '. , i I i I I , I I I, I I ! I I I I I I I I I I I I I I I I j , ">1 " , i , i " -. #17 page 1 Courtney/Moved by Nov, seconded by Horow. Discussion. Kubby / Doug, for both of these items js part of the grant to l'igure out what the area should be or is that kind of already- Doug Russell/ The survey work will tell us what buildings arc there, information about the buildings. Whether it is appropriate for designation as a historic conservation distIict at all. And if so, what the bOLmdmies should be. Courtney/Any other discussion. l~oIl call- The resolution is adopted. . '\1 'I , ! : I I , , , I I I I , I I ! <,' . " I , , , I ; 'j I , , Agenda Iowa City City Council December 15. 1992 Page 15 ITEM NO. 18. CONSIDER A RESOLUTION AUTHORIZING THE HISTORIC PRESERVATION 92. - 3~5 COMMISSION TO FILE AN APPLICATION FOR A CERTIFIED LOCAL GOVERN. MENT GRANT FOR THE PURPOSE OF CONDUCTING A SURVEY AND EVALUA. TlON OF ARCHITECTURAL AND HISTORICAL RESOURCES IN THE COLLEGE HILL NEIGHBORHOOD. Comment: The Commission has prepared a second CLG grant application for a professional survey and evaluation of historic resources In the College Hill neighborhood. The purpose of the survey Is to identify architectural and/or historically significant structures or areas which may at a later point be considered for the National Register of Historic Places or as local historic districts. If the Commission is awarded the $6,000 grant, a local match of $3,635 will be required. The Commission proposes to provide this match with volunteer work and funds allocated for historic preservation activities. Action: ~/1lM;"'Ju ~~ CP~ ITEM NO. 19. CONSIDER AN ORDINANCE AMENDING CHAPTER 15 ENTITLED "SOLID WASTE" OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA TO CREATE A NEW SECTION 15.43 TITLED 'LIEN". (FIRST CONSIDERATION) Comment: This new section 15.43 was inadvertently omitted from the May 1992 revision establishing curbside separation of solid waste. This section allows the City to attach a lien upon the property of any user or property owner who has failed to pay for solid waste service. Such liens shall attach to tho property receiving solid waste service only upon certification by the City Council and filing of the lien with the County. Staff recommends adoption of this ordinance. Action: JHw) hw ( "k, -o/M) /Sf-C-iff ~~ ITEM NO. 20 - CONSIDER AN ORDINANCE INCREASING THE HDTEL AND MOTEL TAX (PASSED 92 _ .3551 AND ADOPTED) Comment: Voter approval was received at the November 3rd election to increase the hotel-motel tax from 5% to 7%. This ordinance must be acted upon and published to allow Implementation of the Increase on January 1, 1993. The Director of Revenue and Finance has been notified pursuant to State Code. Action: ~ / J.kw I P <l- Q.J ~~,~o ITEM NO. 21 . ADJOURNMENT. ~;~~ ID:~O p.m. a1.Q~ #18 page 1 , , ! Courtney/ Moved by Horow, seconded by Nov. Discussion. Nov/ I want to know if you have enough volunteer labor hours set up so that if you get both grants you can handle them. Doug Russell/Yes. Part of the grant proposal was a selies of public meetings with the neighborhoods and one of tile goals of the first meeting will be to recruit volunteers. The way we have been handling applications and petitions for historic districts is to send everyone who signs a petition a site inventory form so they can begin the process of the histOlY research on their own building. So the answer is is not yet but yes later. Nov/ I just wanted to hear that we weren't creating a bureaucracy. Russell/ J believe that the present volunteer network and the paid consultmlt that the grant proposal provides fm will be sufficient Courtney/It is not a bureaucracy. When it comes to HP, Doug is a dictator on 111is one. He rules the roost. Any other discussion. Roll call- The resolution is adopted. ,I i ! , i I, I , 1 1 i ,;, . " " , "',"'-, ' -. #19 page 1 Courtney/ l\'Ioved by Horow, seconded by Larson. Discussion. Kubby / What happens if a landlord does not have the forwarding address of the tenant who in their lease was responsible for paying this utility. Gently/The lien remains against the property. Kubby / Okay. So it is real important for landlords now to understand holV important it is lor many reasons. This is an additional one. To have a fonvarding address for your tenants so tat if for some reason they don't pay their bill, you are not responsible. GentlY / Comct. Courtney/Any other discussion. Rollcall- The ordinance passes 11rst consideration. I , i I I i I I I I i I I I I I " I , i I I i ! i ! I I I , ! , I I I I I , I I I i I I I I I I I I ! '" ..,'1 I , ' ", City of Iowa City MEMORANDUM DATE: December II, 1992 TO: City Council FROM: City Manager RE: Work Session Agendas and Meeting Schedule December 14, 1992 6:30 - 8:00 P.M. 6:30 P.M. 7:00 P.M. 7:15 P.M. 7:25 P.M. Monday City Council Work Session - Council Chambers - Review zoning matters - Carnegie Plaza (Old Library Parking Lot) - Council agenda, Council time, Council committee reports Consider appointments to the Human Rights Commission, Design Review Committee and Board of Adjustment 7:30 P.M. - Special Council Meeting (Executive Session. . ,Collective Bargaining) - Council Chambers December 15, 1992 7:30 P.M. - Special Council Meeting - Council Chambers December 21, 1992 CITY COUNCIL WORK SESSION CANCELLED Tuesday Monday December 22, 1992 REGULAR COUNCIL MEETING CANCELLED Tuesday December 24, 1992 HOLIDAY . CITY OFFICES CLOSED Thursday December 25, 1992 CHRISTMAS DAY - CITY OFFICES CLOSED Friday January I, 1993 NEW YEAR'S DAY - CITY OFFICES CLOSED Friday PENDING LIST Appointment to the Board of Examiners of Plumbers - January 5. 1993 Appointments to the Committee on Community Needs, Broadband Telecommunications Commission and Human Rights Commission - January 19, 1992 --... --_....~.. - - - J_ IlfIll:MJ ..-..rut.IM."._u Agenda Iowa City City Council December 15, 1992 Page 5 b, Consider setting a public hearing for January 5, 1993, on an ordinance amending the Zoning Ordinance by changing the use regulations of a certain 15.1 acre tract, known as Pepperwood XII, and located east of S. Gilbert Street and west of Sandusky Drive on Cherry Avenue extended from ID.RM, Interim Development Multi.Family Residential, to RM.12, Low Density Multi. Family Residential, for 6.8 acres, and to RS.5, Low Density Single. Family Residential, for 8.3 acres. (REZ92.00121 Comment: At its December 3, 1992, meeting, the Planning and Zoning Commission, on a vote of 6.0, recommended denial of the application submitted by Southgate Development Co. to rezone the approximately 15.1 acre tract from ID.RM to RM.12 and RS.5. The Commission's recommenda. tion is consistent with the staff recommendation included in the report dated September 17, 1992, and the memorandum dated December 3, 1992. The applicant has requested that this item be forwarded for Council consideration. The Commission has included an ancillary statement in the Council packet explaining that its recommendation to deny the rezonin9 request was based on the lack of sanitary sewer service to the area. Action: /keb / ~AAAW I Uf't7rl\'\-~D~ c. Consider setting a public hearing for January 5, 1993, on a resolution approving the voluntary annexation of a 19.53 acre tract of land located south and east of the intersection of Sunset Street and Highway 1 West fA. 9001) Comment: The Planning and Zoning Commission Is expected to conclude deliberations of this application at its December 17, 1992 meeting. Due to the Council's revised meeting schedule during December, the applicants, John and Allegra Dane, have requested, in a letter dated December 9, 1992, that expedited Council consideration be given to this application. Action: JhlJ/,1 n~ I dI t?-r..J'M. LD ~ d. Consider setting a public hearin.Jl--faf" January 5, 1993, on an ordinance amending the Zoning OrdlnjlPeato change the use regulations of a 19.53 acre parcel located south..--anif east of the intersection of Sunset Street and Highway 1 West <lift the County designations of C.2, Commercial, and A.1, Rural, to CC. ommunlty Commercial and CI.' , Intensive Commercial, upon annexatio .90031 Ste. o.\bhed-. xeUi6d Comment: See item c. above. Action: tr../; J & /(~j(J ( aft.! /.Into ~ u_. h..----m; -~ JlIil-'''- 1 _r ~_'_."J\.4).d, ......--.........- '. "I I , ' ". REVISED PLANNING & ZONING ITEM 3d. 3d. Consider setting a public hearing for January 5;',1993'; on an ordinance amending the Zoning Ordinance to change the use regulations of a 19.53 acre parcel located south and east of the intersection of Sunset Street and Highway 1 West from',the County designations of C-2, Commercial, and A-I, Rural, to CI-l, Intensive Commercial, or a combination of CC-2, Community Commercial and CI-l, Intensive Commercial, upon annexation (Z-9003). i'. . !:~ '/.' j ~ i ~ '. [- , " [ t. , .. , , ."",\ " ,I :: i I I ! I I I I , ! I j ! ! ;, II " ~ j , ;1 1 " :! .~ ~"i ;'j " ~\ . '/ " !) II :i , ::( ,