HomeMy WebLinkAbout1993-03-02 Agenda
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,IOWA CITY CITY COUNCIL
AGENDA
REGULAR COUNCIL MEETING OF MARCH 2, 1993
7:30 P.M.
COUNCIL CHAMBERS. CIVIC CENTER
410 EAST WASHINGTON
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AGENDA ~ ~
IOWA CITY CITY COUNCIL 1J./l.l.uJiJ ~7
REGULAR COUNCIL MEETING. MARCH 2, 1~93' t.
7:30 P.M. IlA. J ~
COUNCIL CHAMBERS flll1/@1 7JltantMJ
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ITEM NO.1. CALL TO OROER.
ROLL CALL.
ITEM NO.2. CONSIOER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR
AMENDED.
a. Minutes of Boards and Commissions.
(1) Planning and Zoning Commission meeting of February 18. 1993.
(2) Human Ri9hts Commission meeting of February 22, 1993.
b. Permit Motions as Recommended by the City Clerk.
(1) Consider a motion approving a Class 'C' Beer Permit for Coastal Mart,
Inc., dba C Mart #58, 606 S. Riverside Dr. (Renewal)
(21 Consider a motion approving a Class 'B' Beer Permit for Rigel Corpora.
tion dba Godfather's Pizza, 531 Highway 1 West. (New)
c. Resolutions.
CI3_"'I,~
(1) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND
THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING
THE PROMISSORY NOTE FOR PROPERTY LOCA TED AT 930 EAST
COLLEGE STREET. IOWA CITY, IOWA.
Comment: The owner of property located at 930 East College Street
received assistance for repairs through the City's comprehensive housing
rehabilitation program for a total amount of $17,500 on November 5,
1986. The rehab staff was contacted by a family member informing
them of the death of the owner and po~sible upcoming sale of the
property. The assistance received was in the form of a depreciating lien'
that would be forgiven upon death. Since the owner has passed away,
the lien should be released.
Action:
q3 - 4-3
.,keatle4u.;"v e ,(J)
d. Correspondence.
(1) Letter from Big Brothers/Bl9 Sisters of Johnson County expressln9
appreciation to the City Council for continued funding.
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City of Iowa City
MEMORANDUM
DATE: February 26, 1993
TO: Mayor, Council and General Public
FROM: City Clerk
RE: Addition to the Consent Calendar.
2 c. (2) Consider a resolution adopting Supplement Number 56 to the Code of
Ordi nances. ' .
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Agenda
Iowa City City Council
March 2, 1993
Page 2
(2) Letters regarding Melrose bridge and street project from:
(a) John A. Nesbitt
(b) Christine M. Luzzle and Patrick B. Bauer
(c) Alice Haugen
(d) Melrose Avenue Neighborhood Association
(e) Petition signed by 230 University Heights residents. Signatures are
on file In the City Clerk's office.
(I) Mlchaelanne Wldness
(g) fjorthslde ~elghborhood Association
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(3) Letter from Frances Sladek regarding the proposed airport relocation.
(4)' Letter from Connie Brothers calling attention to road work needed
between West High School and Highway 218.
(5) Letter from Carl and Bea Beyerhelm supporting construction of an
overpass over Highway 6,
(6) Letter from the Riverfront and Natural Areas Commission regarding
funding.
(7) .lev aaW;ai-0
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END OF CONSENT CALENDAR
lint(} %
ITEM NO.3. PLANNING AND ZONING MATTERS.
a. Public hearing 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 Multl.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 was based on lack of sanitary sewer service to this area, and is
consistent with the staff recommendation. No comments were received at
the public hearing held on January 5, 1993, which was continued to March
2, 1993, meeting to follow Council budget discussions on sanitary sewer
improvements. This hearing should be continued to May 11, 1993, to follow
Ih. ',"0011'. dl',",,'" ,llh. ,.~"" "',om '" April.
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Action: I!~,I /1 M/ . %
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Agenda
Iowa City City Council
March 2, 1993
Page 3
q3 - 1+
b. Consider a resolution amending the Iowa City Comprehensive Plan by
Incorporating revised growth policies for Iowa City into the Plan.
Comment: At its January 21, 1993, meeting, by a vote of 6- 1 (Dierks voting
no), the Planning and Zoning Commission recommended In favor of proposed
amendments to the Population, Developabie Land Analysis, Development
Sequence, Annexation Policy, Fringe Area 5 and Fringe Area 6 sections of the
Plan. These amendments Incorporate the findings and proposals of the
9rowth policies report prepared by staff. Comments were received at the
public ,hearing held on February 23, 1993.
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Action:
'13- "-/S
c, Con;lde~~6-n app t,"~ntary a~tio 0 an approximate
240 acre tract of land located east of Scott Park, south of Lower West
Branch Road and north of American Legion Road. (ANN92.0002)
Comment: At its January 21, 1993, meeting, the Planning and Zoning
Commission, by a vote of 7.0, recommended approval of the Windsor Ridge
Development voluntary annexation request. This recommendation Is
consistent with the staff recommendation. Comments were received at the
publiC hearing held on February 23, 1993.
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d. Consider an ordinance amendin9 the Zoning Ordinance by conditionally
changing the use regulations of an approximate 240 acre tract located east
of Scott Park, south of Lower West Branch Road and north of American
Legion Road, from the County designation of RS, Suburban Residential, to RS.
5, Low Density Single-Family Residential. (REZ92.0013) IFirst Consideration)
Action:
Comment: At Its January 21, 1993, meeting, the Pianning and Zonin9
Commission, by a vote of 7.0, recommended approval of the requested
rezoning of the Windsor Ridge tract from County RS to RS.5 with the clear
understanding that all of the costs associated with providing Infrastructure for
development of the subject tract will be paid by the developer, and subject
to 1) the developer dedicating 6.9 acres of open space (a centrally' located
four acre neighborhood park with the remaining 2,9 acres developed as
green way trails linking the tract to Scott Park), the lo.cations of which shall
be negotiated with the City of Iowa City, 2) the developer dedicating a
minimum 13 acre school site, the location of which shall be negotiated with
the City and the Iowa City Community Schooi District, and 3) City Develop'
ment Board approval of the annexation. This recommendation is consistent
with the staff recommendation, Comments were received at the public
hearing held on February 23, 1993.
Action: ~/ ~
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Courtney! lIJoved by Ambr, seconded by McD. Discussion.
Nov. yes J have a Cjuestion. Karin. When I reread this last paragraph
in the anne'\ation policy and it said unusual conditions I
realized it doesn't say unusual environmental conditions. Was
there anything else to be included there.
Franklin! I think the intent was to keep that broad. Obviously the
issue that brought that up and precipitated the Commission
including in the recommendation were the wetlands. However
I think they intended to keep that road to deal with whatever
might come up.
Courtney/Any other discussion.
Kubby! Yes, J had a few things I wanted to say about the growth
policies because] am going to be voting no on tllem ,md it
comes from a whole lot of issues that for me are kind of hard to
articulate on how they are connected and so I am going to give
it a shot. So J wrote some things down so J may be referring to
may paper for a Ii t1le while. It seems that Iowa City has been
on the development path of kind of spreading out in tenns of
our growth. Spreading out and having ]011' density on tile lims
of out city. And that decisions that we are making now mayor
may not continue that kind of pallern of development. And if
we are going to grow J guess what I would like to see us do is
to incorporate and develop within and around our natural
features instead of always kind of plowing them under and
setting concrete on top of them. And] think that in certain
ways we are headed in a direction of giving more within our
natural region. And I am really glad to see that trend
beginning. But I wou]d also like to see us have a philosophy of
planning that] think the planning stall has begun to outline
that allows for more livable neighborhoods. But I would like to
see us have is slightly higher density in neighborhoods with
each neighborhood having a variety of housing options. There
are some trade-olTs lilr that. Some people don't want to live in
a slightly higher dense neighborhood. But ir we plan it right
that there is enough open space it can be a very good thing for
the whole city. Some of the down sides or not doing this and
continuing to spread are basically that we are putting more
land under concrete and in terms or our city providing services
to citizens that makes it less efficient. It makes ilmore
dirficult 1'01' us to be able to alTOI'd as many new fire stations
that we may need. lIlore reruse routes. We may still need to
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1!3b page 2
expand services in terms of the number of people in town
because they won't be spread out. Only feIVer ItKilities. May
be more programs but not as many new facilities. And in not
spreading out it will just be more-it will be more feasible for
everyone to continue to begin planning intra city bike trails so
that Iowa City has some safe alternatives to private vehicle
use. It seems that the last couple of decades have brought a
real proliferation of private vehicle use which I don't really
believe to be a healthy facet of our community. And by
continuing the development pattern which has happened over
the last 20 years it is perpetuating this sprawl type of
development patterns. And thus making it harder to solve the
associated challenges. Street widening in already established
neighborhood which we have seen a lot of discussion about
lately. It makes it hard for us to have transit routes to go all
the way into new neighborhoods. So what I would like to have
us do is if the growth policies pass is to do something with our
sequencing schedule. We have a sequence of how we are going
to develop and our pattern has been that if a developer wants
to come in and develop our of sequence or to annex land, we
have said yes. We use the sequencing schedule to help us plan
our clr. If we add more things on to that without decreasing
somewhere else it just stretches out dollars really thinly and
we can't do much in tenus of services to be people who are
being incorporated into our community. And so I want to ask
that if we are going to add something on or change the
sequence. On one end meanIng adding more on that we take
some off somewhere else in this city which means there are
trade oJTs. If you are going to say yes here you need to say no
somewhere else to balance it out. And right now there are
places in the city that can be developed. Especially on the west
side and the constraint is sewer capacity. The city does not
have the physical where with all right now to do all the CIP to
allow those areas to open up. I guess another thing I want to
propose is tl1at if we don't annex and developers want to open
up those parts of the city for development that they help pay
for some of those improvements even though they are not
obligated to do that. If they want to open up that acreage that
they help us pay for it. It is a way for instead of the market
kind of dictating Ihat we spread out that we help put some
control on the market. To say this is our vision for the city and
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#3b page 3
we will control the market to us facilitate that vision from
becoming true. In terms of the growth policy per se I guess I
have a disagreement with the underlying assumption behind
the growth policy and that is that we should always-that we
should accommodate growth. I think growth can mean a lot of
things, I know a lot of people say that if you don't grow you
become stagnant. I think that there is a lot of ways to define
growth. It doesn't have to mean geographically. It doesn't
necessarily mean population wise although it may be. I don't
think this community wiH have a problem becoming stagnant.
We are a very vital community and growth may mean
increases in quality of life. Increases in teat sense of
community that Karin Franklin was talking about which is art
of the Planning Dept.'s philosophy. I do like that we have a
Comp Plan. But I wish that we would stick to it unless we
trade. If we are going to make a decision. again, that we trade
it off somewhere else. So I like about the growth policies that
there are some criteria and that if the criteria are met that we
may aHow annexation to happen. But in doing so we are so
committing to providing those services which most residential
development doesn't pay for itself. In terms of Windsor Ridge
Annexation the impact study says that it will pay for itself and
then some but most of the new development are not gOing to
be $175-300.000 homes. Last Tuesday a majority of council
members and last night there was stilI a majority of people
who said that they are interested in looking at sensitive areas
within the community and looking at our current
environmental policies in the Comp Plan around the issues of
development. And people said they were interested in going
forward with some legislation that would implement those
policies. And I am ready to do it. [am ready to go. A lot of
people have been talking about this for a long time. And I feel
like we have moved rather slowly on these particular issues
and I am glad that there is support on council to go forward
with them. And I think one way to start is just looking at the
ad hoc environmental conunittee that was set up in the mid
80's. So because I want to curtail sprawl and development and
to say lets work with what we have because the down side is
spreading our selvices too thin, It decreases the quality of life
for evelyone, IwiII be voting no on the growth policies.
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1f3b page 4
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IvIeD/ Mr. Mayor, I would like to answer that a little bit if I could and
Karen, I do appreciate your comments and [ appreciate your
personal philosophy on lllis particular type of issue. But it is
your opinion. And I think that we should always make the
audience totally aware of that when we express our views that
we are issuing individual opinions on these particular issues. A
couple of different t1lings. I have lived in this community all of
my life. It has changed a great deal. But I also think that is
one of the things that make Iowa City so unique and one of the
things that makes it so attractive is it is an ever-changing
community. The councils that I have had the opportunity to
serve with have had the same types of concerns that you have
expressed. And I think that for the most part they have been
addressed through the years. I think that we have
accomplished manageable growth. Which I think that is a key.
I think just to throw out terms like sprawl and urban sprawl
and those kinds of things I think that is a little bit misleading
in the fact that there appears to be no tllOught given to the
types of things that have happened through the years to this
community. And let me tell you that in my opinion there has
been a great deal of thought put into those things that have
happened. The councils that were here before us. [happen to
know many of the members that served on those councils.
They went through the same types of deliberation that we go
through today. And that same type of concern was expressed
at those particular times through the years, I get a little bit
concerned at times when we try to-when we sit up here and
we try to-I am afraid the perception that we put forth at times
is not what really truly what this body actually believes and
wants to happen. And that concerns me a great deal. I believe
that we either move forward or we move backward. We don't
stay the same. And I think the things that have happened
through the years and the things that have been proposed I
think give us an opportunity to move forward, And for that
reason I will be voting for this plan.
Horowi I will be voting for this plan as well. [ feel very strongly that
we do have policies that do move the city forward in, as John
said, a managmble way. [ agree that we need ordinances and
guidelines to go along with those policies, lthink they the
ordinances that we are working on now and that have been
proposed in terms of the em1ronment just have 10 accompany
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#3b page 5
any growth policy. I feel strongly that since I have been on
council a sizable portion of the development that we have had
had been for alTordable housing. If not totally affordable,
certainly we are working towards it. And I accept the fact that
those neighborhoods are not going to pay for themselves. I
accept that. And until I hear [i'om an overwhelming number of
you that you don't accept it I am going to assume that this is
okay. I have to. We have concern for our people in Iowa City.
SO I feel vezy strongly that the policies that we are working on
right now are acceptable. I look forward to working on the
guidelines and the ordinances in terms of the environment.
But I totally support the growth policy.
Larson/ I think a yes vote to these growth polices is a no vote to
urban sprawl. I don't understand the concept that says
allowing people to develop in what ever they would like
outside the city limits is beneI' than planning the develop so
that we take care of the natural area so that the developments
are planned and so that it isn't just sprawl. I have tried to
understand that because I agree with a lot of the things the
people that feel we shouldn't do this say. I want to encourage
neighborhoods with emphasis on alternative transportation
patterns, with more bike paths, more walking, with more open
space. I want to protect our beautiful forested ravines and our
forested water ways and our wetlands and our sleuths. I do
not see how keeping this land in the county, owned by
developers who have an investment in the land and are going
to develop it whether we annex it or not is a way to control
urban sprawl. I just think that that is backwards. I further
want to say no to higher density in the city. Ancl I don't
understand how people think we can say no to development on
the edge of town and not be therefore encouraging
development within town. And I want to keep the older
beautlful established neighborhoods the way they are ancl I
clon't want to increase the pressure 10 tear down a $50,000 sJ.
house that is zoned RM-12 and put up a four plex. And that is
precisely the kind of economic incentive that you create when
you say no t reasonable annexation. In addition, by entering
into this growth policies and by listening to professional
citizens who have come forward with their advise about
environmental features, we are going to he able to move
I(mvarcl and start putting some teeth into policies that Susan
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#Jb page 6
and other people support and Karen to protect natural areas
within the city and wc can't protect those areas outside the
city. And the surest way to ruin Snydcr Bottoms or any other
place is to just let it be outsidc the city where there is no one to
protect it Because the County docs not view those kinds of
things will] the samc kind of concern. / don't think-they havc
thc concern but then don'thavc thc apparatus or the policies or
the personne/to deal with those issues as we can. And while
we have a council tJ1<lI is committed to presen1ng natural
features both inside and in the fringe areas as best we can we
should do the best we can to protect those. 1 do e.\:pectthe
people that feel the other way about this but/think that
everyone is voting to not have urban sprawl whether they are
voting yes or no on this think. And [think yes makes more
sense.
Ambr! Mr. Mayor / didn't have the pri\1lege of being borne in/owa
City. 1 wish / would have. / have great alIection and fondness
for the little slum that/ grew up in in southwest Pennsylvania.
But 1 havc becn here almost four dccades now so / have a
historic perspcctive. And / havc witnessed-my ofllcc has
always been in d.t Iowa City and / rccaIlthose early days and
the struggles of the councils of 30 and 35 years ago had \\~th
are wc going to have urban rencwal. What are wc going to do
to revitalize the d.t 1 witnessed the backsidc of one of those
lovely historic buildings COllapSing and almost killing tcn
people bccause you had scores of inabstentia owners who were
dOing nothing to those buildings. So there were a great many
of us who werc opposed at thc outset of federal urban renewal.
Wc didn't walllthat federal bulldozer coming down our d.t and
ripping it down and telling us hall' to live. But wc lost out
Thosc of us who opposcd it ,md whcn the other side took over
wc said alrigh1. Ict us work togcthcr for the best things in this
community that we Gln come up with. I think wc have a
Jovely (!.t. and / enjoy going to my omce cvery blessed day of
my W'c. We have a wonderful mix there on the pedestrian
plaza. We have something new which is so unique in this
United Statcs and the proof is in the pudding because
everybOdy there is doing hlirly well/ would think. / will
certainly vote inl~1Vor of this resolution because Ilhink it is
just that. It is a vcry well conceived and thought oul plan.
Noll' / too appreciate the adversaries and the other citizcns
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If3b page i
who have come forward over the pastmonlh to have us
rebuild the world of Iowa City according to Carp or whoever
the author of these papers are. I travel a litlle bit around the
United States and I have a very precise location for these folks
who think that living on top of each other is the way to go. It
is iO miles west of Phoeni'\, It is a development called Argus
Sante. They have room for 5,000 folks there if anybody wants
to move there who wants to live on top of each other. It is an
artist colony and the way they make there money is that they
sell tickets for $3.00 a piece and us tourists come and look at
them. That is the kind of high density youwanl it is certainly
not what I think Iowa City is all about.
Kubby / That is a very unfair characteristic of what I was talking
about.
Ambr/ I am not addressing your remarks at aIL I am expressing my
opinion on this resolution and what has transpired here over
the past month.
Kubby/ No one has talked about people living on top of each other.
Some of the people who came to the p.h. have spoke on the
issue of slightly higher density. We are not talking about
destroying inner city neighborhoods.
Ambr/ I didn't interrupt you. I would prefer to give my statement
as I see fit.
Kubby / So I will respond when evelyone is done. You seem to have
no problem interrupting me at moments.
Ambr/ Did I tonight.
Kubby/ Not tonight.
Ambr/ You wait your turn-
Courtney/Bill, go ahead.
Ambr/To go on with my statement about this growth policy. I have
had the privilege of working wit h a good many plmll1ers
through the years including the young lady who is sitting in the
front roll', !vls. Franklin, I just can't imagine anybody that this
city could attract who would have more capability, more love
of COnllllUnity, more tough mindedness, more compassion lor
doing the right thing for all developers and people who want to
live here. And it just is a little hard sometimes to sit her and
watch her and her Slarf take the shots that they do. But I am
very pleased and honored to support his and I commend you
for a mighty nice piece or work. Thank you.
Courtney/ Anything.
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1t3b page 8
Now Well, yeah. I glless that Ihis is a good plan and we should
support it and we should del1nitely implement some ground
rules to protect our environment. Both Sue and I sat on that
urban em,ironment ad hoc commiltee ten years ago. We are
still waiting and I think that this is the kind of thing that will
elicit some good compromise in our community. I think that
because we are anne:dng we are not necessarily putting in
large lots every place. We me not necessarily putting in high
density every place. I think there is room for both and I think
we can plan 1'01' both.
Courtney/We have got some inconsistencies that go on and some
arguments Hmt are made in front of this body that boHleI' me
on many occasions. We have a lot of folks come to us quite
frequently that are wanting anordable housing. And I don't
know exactly what the definition of afJnrdable hOUSing is but I
assume it is things $75.000, $65.000 on down, And the ract is
is that aflnrdable housing does not pay fnr itself in terms or
city services and never will. What makes up the dirference fnr
that housing is industly and the ta'\es that it provides. Those
ta'\es are extremely high on a small piece of land. Yet every
time we want a new industry or new business in to town we
get big opposition and we get votes against it. Another thing
that makes up fnr low taxed housing is multi fiuuily and high
rises. You get a lot of ta'\es on a small piece or ground. Very
high taxes. Yet it is always opposed. Another thing that makes
up 1'01' it is high priced housing. The $250-, $300-. We are
seeing houses $500,000-600,000 on not much bigger piece or
ground. And it's high taxes and that makes up fnr it. Yet we
get opposition to that. To me there is some inconsistencies in
here, Every time a down zoning request comes in in existing
development, it's supported wholeheartedly. Yet when new
developments try to get done it is opposed. There is just some
inconsistencies in that. The one thing we do have to deal with
is there are more and more people who want to live in Iowa
City, Coralville, North Liberty, Johnson COllnty. Who want to
come here. Some how we have to deal with those people unW
they quit wanting to come here. And we either have to deal
with it in keeping some high densities or we have to open up
some new land. If we don't open up the new land we have
seen what will happen ever since [ have been on this council.
All the developments go out into the county. It is haphazard.
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1t3b page 9
I
The Fringe Area Commillee has never come to agreement.
Sorry John and Bill. They just don't. The Fringe Area
Agreement never work. Every time we oppose something the
Counly sends to us they go ahead and vote it anyway. To me.
Handy said it the best, the only way we can control this hOUSing
that is close to the city is to bring it into the city. And then we
know how it is going to be developed. So we are not going to
have to deal with it when it Hnally does come into the city and
it is wrong. I have just come to that conclusion and I think that
the plan that Planning staff drew up. PIZ, J want to commend
them. They put in hours and hours on this thing. They made
some signiJlcant changes to it along the way as they always do.
They filter things are nicely for us and r am going to vote for it.
11orow/ Darrel. J would like to add done thing though. J do- J was
pleased that when Karin was talking the other night and those
of us who agreed in terms of the emphasis on regulations and
ordinances, lJlat we did entertain the idea of gelling an
environmental planner on the stalT. J think this is something
that is high time. The city needs someone who looks at not
only the impact, the environmental impact on the surrounding
area. Not so much f1'Om the wetlands and furry creatures or
the trees or tile birds. But also human impact. And it is almost
as if we already have an overlay for Historic Preservation. We
have other overlays the way you at a city. This to me is
another pair of glasses with which the city looks at what it does
in terms of how it improves and grows. And J would like to
really keep that on our pending list always near the top. That
we try to pick up that person.
Courtneyl We wiII have another budget session starting next
January.
Kubby II do want to clarBy a few things that were said. People who
came to the p.h. who spoke about higher density were not
talking abut people living on top of each other or people living
in multi J~lIl1ily complexes. They were talking about a modest
increase in density on the rims of the city. We have a lot of
land in this city that is zoned into the city but it is not zoned
for residential yet. And there are some areas on the rim that
we could zone slightly higher density so when people came
there they knew what they were coming into ane! developers
knew it was expected to be built there. When we talk about a
Fringe Area Agreement not working. when we have the ability
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#3b page 10
so say no when a plat comes to liS we don't say no. We say well
next time we need Ihis and this from YOll next time like a
better road or a better site distance. But we still say yes so we
jllst perpetuate Ihe kind of dysfunctional working of the Fringe
Area Agreement. And for a long time we have kind of talked
and maybe talked around some of ll1ese enviromnental issues
and we do a lot of talking and I just don't see liS moving along
every fast. We started talking about a Iree ordinance probably
over three years ago. And I know-whenever I say that I can
sec john leaning ovcr and saying governmcnt moves slowly,
Karin. I am always saying government has got to move faster.
So we balance out, okay. But I am saying Ihat we talk a lot.
There are people ready to move fonvard. I am very grateful
that people <u'e interested in acting upon the policies tJmt have
already been approved.
CourtJ1ey! Any further discussion.
Horow/I have a question for staH about the resolullon itself. This is
purely a technical matter. In Ihe resolution, the revised
resolullon thaI we have this evening.
Franklin! The re\1sed resolullon, Susan, is for Windsor Ridge
Annexation. Not for the growlh policy.
Horow/ Thanks.
Courtney! Roll call-
The resolution is adopted, Kubby voting no.
Karr! Mr. Mayor, could we have a molion to accept correspondence
relative to this matter.
Courlney! tI,loved <U1d seconded (IJorow/ Kubby) 10 accept new
correspondence on this matter. Any discussion. All in favor
(ayes). Thank YOll.
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#3c page I
Courtney/Moved by Ambr, seconded by [,arson. Discussion.
Horow/ I have just one question on the resolution. The revised
resolution says whereas the Johnson County and the Eccoe
have made no comments on tile proposed annexation. J
understand that this has been revised when it read no
objections. [don't remember ECeOG ever discussing this and
so.
Franklin! Right.
Horow/Where did this come from.
Fnmklin/ We sent the required notice to County Board of Supervisors
and the Eecoe. We received nothing back from either body so
we have changed to instead of saying anything about
objections, saying they have made no comments. We sent
certified letters out when the annexation request came in.
Kubby / Thanks for doing that. It makes it real clear.
Franklin/ State law. The revision, okay. We will do that in the
future when we don't get any kind of comment back.
Horow/ J am perplexed about this.
Franklin/ You may wan to check with your executive director.
Horow/ I will because no comment is only an addition to either
approval or no approval on our form and so it really-
Franklin/ This is not a 1\95 Review.
Horow/ Yeah, [ know but we- well. [will check.
larson/ [ wanted to say real brieJ1y that in a lot of ways this is a
model development in my mind. It has been the subject of
considerable cooperation between several groups, both the city
and the school and the developer and land owners in the area
and other developers. [think it is much preferred to have 240
acre tract ofland being conceptualized then go 10-15 acres at a
time which many developers have to do for financial reasons.
But these people put together a plan that involved gh~ng a
school land so that they can save some money for the tax
payers. It involves siting the school in consultation with a lot of
different planners so that it is in an appropriate mea for safety,
for adequate road network. An example that is not always
followed by evel)'one. It involves putting a piece of land up
1'01' development with carel'ul consideration of natural areas.
Considerable discussion was had about the environmentally
sensitive wetlands that are almost two miles a way and yel
they understand that impact can go that I'm away by the run
olT and the filtration and the el'fect on the volume or water and
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1t3c page 2
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the quality of water in those wetlands and all of the
rami11cations and ripple eiTect that it has and I am glad that we
see this kind of development to show an example. It is not
without some l~lilures or demerits because it does a/Tect some
people that live out there that didn't anticipate that this
development would happen so soon. It does add a little bit 01'
traffic to a road that has had some j~ltalities. It is going to
create some more in/hlstructure things that the city is going to
have to do, But at least it gives us a 20 or 30 year plan for
some development that is meeting a market and that would
have been developed haphazardly perhaps by the county and
to take into consideration the kind of environmental and
population and demographic things that I think have to be
considered. [am glad the developer did it the way they did it
And [ am glad we are able to hopefully approve it.
Horow! [ had strong reservations about this development due to the
bct that, as you said, the impact on Snyder Ridge water shed
system. Creek water. But I do understand that the storm water
is hlr enough away from the Bottoms and the sewering will
push it into the existing Ralston Creek ______ area. I only
need one more conl1rmation li'om Karin. The parcel 01' land that
is now owned, I believe, the farm-Winesteins-hmv is that to be
aJJected by this. How will they-
Franklin! The Winestein property is not part of this nzmexation.
There is a second anne..'\ation that is in now for the Lyons
properly which has been acquired by the developer which will
be coming before the P/Z Commission and this body for
annexation. The Winestein properly will not be part of the
annexation and there will be a strip of land which will be along
the lane from American Legion Road to the Winestein property
that will continue to be in the county.
Horow! So this is in effect a balloon.
Franklin! A balloon, a peninsula, whatever. It is not all island by
state law. The slate law says that you cannot anllex and create
an island. That is that it cannot be completely surrounded by
the corporate boundaries of the city when the annexation
occurs.
HorOlI'/ So that the lane or the driveway that has been the Lyon's
will now be Ic)r Ihe Winesteins.
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it,k page 3
Franklin! It has always been for access to the Winestein's property.
It will not be owned by the Winesteins. It will be a piece of
land that will be continue to be in the county.
Horow/ And who will maintain it.
Franklin/ The maintenance, if the street is planed on this lane, this
will be a city street. If the street is not platted on the lane and
we are not to that point yet, then it will just be land within that
subdivision.
Horow/ Leading to a county road.
Franklin/ Leading to American Legion Road which will continue to be
a county road. We will be entering into an agreement with the
county regarding the maintenance of roads around this entire
project. which includes American Legion, Taft ,md Lower West
Branch Road. Coralville entered into a similar agreement when
they did their annexations. It is basically a trade 01T. The city
agrees to maintain one part and the county another part. Not
he same road. obviously. But different stretches.
Horow/ I thank council for taking the time on this. I want to have
that really made clear to me.
Nov/ I am still not clear on that. The privately owned lane is going to
still be a privately owned lane.
Franklin/ The land which is the lane right now is privately owned,
will continue to be privately owned unless with the platting of
this property the subdivision results in a street being planed
over the lane. That is a possibility just because of the lay of
the land and how the whole subdivision may layout. If that is
the case, the street or any street within this subdivision will
become a public city street and will be maintained like any
other city street within the corporate limits. The unusual thing
about this one is that the property may continue to be in the
county. Part of Ivlormon Trek is still in the county. NurselY
Lane which is owned by the city to the sewer treatment plant
is in the county. Our sewage treatment plant site and the
landfill are in the county. However, they are city owned. So
there is precedents for this kind of situation. And in time, it
will be in the city. But at this poinl the Winesteins do not wish
to be annexed. And know one is suggesting that that be forced
upon them.
Horow/Even if the street is planed over the land. It will still be that
strip of county owned land.
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!l3c page 4
Fmnklin/ Not county owned. Within the county jurisdiction. TIle
ownership will either bc private ownership or as a city street.
Kubby/ And who will maintain it.
Franklin/ The city will maintain it as tJle city maintains all city roads.
We maintain Mormon Trek in the county now.
Larson/ It is not that rare of situation. The state law that outlawed
islands deliberately left peninsula for just this kind of reason
because otJlelwise it would just give too much leverage to
people. They are not maybe to be preferred but there are just
times when you have to have them. It is a subject of great
debate.
Kubby / What do people think about my concerns and my statement
about the growth policies about we are adding this new chunk
of land into the city which will increasc a chunk of city
responsibilities n terms of snow removal, refuse, possibly
transit, etL And looking at our sequence of other development
around the city and saying this area is slated for development
in phase two and now we are going to put it in phase tJlree
because we have added on responsibilities and we can't afford
to do both. Phased in we can but not at the same time.
Larson/ I was cerlainly making that point last night in agreement
with you. That is why I said I would be voting against thc
development out by the new school on Hohret Road. Is that we
have to decide which things are time to come and which things
are not time to come. Where you and r differ is that we are on
the 2000-2010 plan and market forces think it ought to be
developed now. You wan! to say no because of the plan
whereas J want to look at it each timc.
Kubby / I don't mind we look at it but if we say yes that maybe we
havc 10 then shift the whole plan around and say well, if we
say yes herc and then we say no here and this is for later. But
we say yes now and we are going to have to say no here.
Balance it out.
Larson/ And that was why I was saying no to that other
development is because we cnn't upgrade Hohret Road
financially and that means we say no to those kinds or things.
Kubby/ So you are interested in entcrtaining that idea.
larson/ Sure.
Courtney/ I don't have m)' financial impact book oul of m)' brief case
on this. What is the cstimated eVl'ntuallax revenues of this.
.
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il3c page:;
Franklin! I would have 10 look up the totals. What we did is that we
took a per capita] cost Jar general fund expenditures and then
calculated what the tax revenue would be on an assumed
housing value, in this case, of $150,000 houses and 1l1e tax
revenue would cover those per capita general fund costs that
we have. One of the issues that you are talking about Karen
was capital improvements. There are the capital
im provemen ts and provision of services. The development
sequence that we deal with right now pertains to capital
improvements. And Windsor Ridge or anything in Hinge Area
5 and any thing in Fringe Are 6 under the 1989 Comp Plan is at
t'le botlom of the list. At the end of the development
sequence. II continues to be there in terms of capital
improvements and tJ1at is why tJ1e developer, anyone who
wants to develop in Area 5 or Area 6 now if it is annexed has
to pay all of those capital costs themselves.
Kubby/ So it is in the development. But how do people get there
safely. There are peripheral capital improvements that these
trigger. So I am not talking specifically-
Franklin/ What IVe have tried to do in assessing those cost is get
those costs covered by the development. Now we talked about
improvement to American Legion Road. And the inlormation
that you were given Was that this project in and of itself will
not precipitate that need to improve American Legion I~oad
because of the condition American Legion Road is in now.
Kubby! Can you give me examples of developments that have been
our of sequence thai developers have paid for the
improvements.
Franklin! Southwest Estates, when that deve]opmenl was done, was
required to pay Jar Ihe full size of sewer extension. Normally
the developer would pay Jor the local-their percentage. Was
required to pay the full cost of the sewer. The full cost of the
extension of the water lines. And also was required to pay into
the fund I"l' the wesl side trunk.
Kubby! Is thai an isolated incident. Because we have quite a few out
of sequence developments.
Franklin! The only other one that I can think oLlValnut Wdge. And
Ihen althat project we used a different technique. Tap on fee.
And the same way with Whispering Meadows which was Ihe
other one.
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ii3c page (1
[llrson/ There was something said that r thought that I heard
dirIerently the other night. At least two councilors thought that
developments don't always pay for themselves. I thought that
you told us the other night that developments in the $200,000
a lot range or house mnge would by your calculations would
probably pay I{)r themselves.
Franklin/ II is the less expensive houses that does it.
Horow/ Correct me if I am wrong but your analysis of this was only
for the development cost on that parcel of land. Not lor
anything else that might have occurred anyway. Like a new
fire house.
Franklin/ Those new capitall~lCilities-nre stations. branch libraries,
branch recreation center.
Horow/Which would occur if it were infill development anyway.
Franklin/ Correct because as you have more population you have to
serve them. You don't have to but presumably we would like
to serve them. There would be services and whether the
population occurs within the corporate limits or outside. those
cost would be there.,
Courtney/Naomi found it here on the impact analysis. $942,300 a
year is the total annual property tax revenues that is estimated
when this is done. Granted this is going to be over a many year
period. That is a signilkalll amount of'money f'or if' you are
talking about police. fire. and snow removal. We never portray
that transit is going to go to a subdivision like this lor many
years. Please don't sell it that way. It takes a long time to get
itself out to subdivisions like this. The Rohret Hoad f'olks can
attest to that.
Franklin/ Understand too that that fiscal impact analysis is a tool. II
is not an absolute. And it assumes full developmcnt with that
240 acres in the case of' Windsor ](jdge and 420 in the case of'
SYCHmore Farms. To do that analysis obviously that is not
going to happen like that. It wiIJ be over a period of' years.
Kubby/ lunderstand the point hat whether growth happens in the
current corporate limits or on the edges fbr nOlv. That we will
still nccd somc of' those new f'acilities. But I am talking about
ovcr 50 years time. That if' we didn't grow out as quickly as I
f'eellike we are doing. That instcad of' needing two or three
new fire stations in that 50 years. we might need one or two
instead of' two or three. II is those kinds or things. It is a
dil'lerence in degree.
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1/3c page 7
Courlney/ Inlhe 12 years here how man)' fire stalions have we
added.
McD/ We haven'l added a one, Karen.
Kubby/ But we arc needing one now.
McD/ We are looking at the possibility within the next few years.
Kubby/ Maybe or maybe not.
McD/ Karen, again, we get back to the concepl of manageable growth.
You and I might disagree on what the def]nition of manageable
growth is. But I happen to believe that this is a policy that we
have lollowed for many years in this community. We have
been Jortunate here. A lot of cities have decreased in size. The
whole state has lost population except for this lillle pocket we
happen to enjoy living in. And lthink one of the reasons that
we have been successful is because we have paid attention to a
lot of the details and we have managed our growth. Again, the
definition, you and I might disagree on that. But I believe in
the policies that we are working on at the moment is
managea ble growth.
Kllbbyl I guess what I would like to accomplish h'om this
conversation that we are having is that growth doesn't have
CHANGE TAPE TO REEL 93-26 SIDE 1
Kllbby/ quality of life downside and that it is important that we
recognize that. And deal with it.
Courtney/ I would take the opposite view. There is many in tJle area
that would say thaI growth has only bad qualities and I would
contesltha1 also. Any further discussion.
Kubby/ 1 did ask a question and felt like anolher question was asked
bej()re anyone else who J<:lt like it had an opporlunity to
answer it. Randy answered when I asked about the-and Sue
answered aboul wanting to trade off if we are going to expand
in one direction, do we nol expand in anolher. I JUS1 felt like
thaI question was kind of cut oiT ,1I1d wanled to make sure if
people wanted 10 anslVer they could. Thank you.
CourlIll'y / 1<011 rall-
The resolulion is adopted, Kubhy voting no.
.....
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Courlney/ /I'loved by Horow, seconded by Larson. Discussion.
Kubby/ I think thalthe conditional Zoning agreement is a good one.
I am glad that we have that item in our city code that allows us
to do this. When I asked, Karin, to have you speak with Lon
Drake about this and one of the things he talked about was the
possibility of kind of a wetlands styie water detention basin. Is
that something that you have talked with the developer about.
Franklin/ No. I haven't had the opportunity to since last night. I
think it is something we can look at in terms of the way this
land lies. There may be some opportunities there. I don't
knoll' at this point what all is involved in that and how it would
interJ\lCe with the storm water management. A function we
need to fuU'iI1 by code.
Kubby / I would just encourage the developers to get a hold of Lon
Drake and to work with him in designing, e is a very
interesting person and he might have some very practical ideas
that help you get what you need from the plot of land and get
the water detention criteria that the city needs to have in a
very interesting way that will be kind of an asset to the
neighborhood.
Larson/ I am very interested in this whole idea of using wetlands as
help with our storm and sewage treatment needs and
requirements. Sometimes it can work and sometimes it can't.
But I think we owe it to everything to develop those as much
as we can. I would jusllike 10 include under this item my
comments Ii'om before that I think that this is very good
development. I will be inl\lVor of it.
Courtney / I would like to commend Gary and Lowell. It has been a
long time. You have waited patiently. You started, what, in
September. And as John says, government does move slowly.
Lesson 101 in Ihat process. This is your first time big scale
development. I appreciate the agreements that you have come
to us with. The school, I know, if they decide to use it will
certainly appreciate it. They won't have to go through Ihe
same process of picking a site next time. I regret that your
original road plan with Court going through didn't pan out lor
you. I would hope that something could be worked out so thaI
Court Street Glll get through so these questions about American
Legion will be pul to rest anclwill salisfY the people in the
county out there that are a little unhappy about this.
l[mow/Far Horizons,
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Courtney/ Rlr Horizons. I got too many names floating in my head
tonight.
Larson/ Michigan....
Courtney / Any other discllssion.
Rollcall
The ordinance passes first consideration,
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Agenda
Iowa City City Council
March 2, 1993
Page 4
e, Public hearing on an ordinance amending the Zoning Ordinance by changing
the use reguiations of a 71.05 acre tract, generally located north of Rohret
Road, between Hunters Run and Southwest Estates Subdivisions, from ID.RS,
Interim Development Singie-Family Residential, to RS-5, Low Density Single.
Family Residential, (REZ92.00t6)
Comment: On February 18, 1993, the Planning and Zoning Commission, by
a vote of 4.0, recommended approval of rezoning the 71,05 acre tract from
ID-RS to RS-5, Low Density Single,Family Residential, with the clear
understanding that ail of the costs associated with providing infrastructure of
the subject tract will be paid for by the developer, because the development
is out.of.sequence, and subject to 1) the developer paying the pro rata share
on the entire 71,05 acres for the west side trunk sanitary sewer upgrade, and
2) no building permits being issued until the sewer upgrade is completed.
Staff recommended that the requested rezoning be denied due to the lack of
sanitary sewer capacity and the need to upgrade Rohret Road. Comments
were received at the public hearing on February 23, 1993, and the public
hearing was continued to March 2, 1993.
Action: ~//th2
&A..Wn() / I f./haf;j~-,v ;6- ~ _. A'/
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f. Consider an ordinance amending the Zoning Ordinance by changing the use ([
regulations of a 71.05 acre tract, generaily located north of Rohret Road,
between Hunters Run and Southwest Estates Subdivisions, from ID.RS,
Interim Development Single-Family Residential, to RS.5, Low Density Single-
Family Residential. lREZ92.0016) (First Consideration)
54
4#/YF
g. Consider an ordinance amending the Zoning Ordinance by changing the use
regulations of an approximate 14,25 acre tract of land located west of U,S,
Highway 218 and north of Rohret Road, from ID.RS, Interim Development
Single-Family Residential, to P, Public. (REZ92.0016) (First Consideration)
Comment: See item e, above.
Action: kj;Jd.'f / ~
/
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Comment: At its February 4, 1993, meeting, by a vote of 7.0, the Planning
and Zoning Commission recommended that the site be rezoned to P, Public,
subject to conveyance of the title for the property to the Iowa City Communi,
ty School District, and acknowledging that this approval may accelerate the
need to grade Rohret Road. This recommendation is consistent with the staff
recommendation included in the staff report dated January 21, 1993,
Comments were received at the public hearing on February 23, 1993,
Action: J..~/ ~#7t./
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Courtney iI would like to re-open the p.h. Any comments on this
item. Stafr. too.
Franklin! There is an amendment to the conditional zoning
agreement that the developers IVould like you do entertain,
And I will read this to you. This pertains to the ability to
construct some lots in this project prior to the upgrading of
Rohret Road. After completion of the east side trunk sewer
upgrade. this is within the agreement, owner may obtain
building permits for not more than 52 lots on the property
above prior to December 31,1995 or the upgrade of Rohret
Road which ever occurs first. The 52 lots for which building
permits may be issued must be located generally contiguous to
the public school site. This is the proposal that I mentioned to
you last night at the work session. The developers would like
the opportunity to put in no more than 52 lots on either side of
the elemcntmy school site, provide that connection between
Hunters Run and the School site and Southwest Estates and the
School site. It obviously also allows them to get some lots put
in place. Remember that no building permits would be issued
according to this agreement until the west side trunk sewer
was upgraded. So if we can put the sewer issue aside for a
moment this deals with the concern about Rohret Road. What
it does say is that if the road is not improved by December 31,
1995 with this rezoning the developers would be able to go
ahead and develop the 71 acres.
Kubby / After that or up until that time and after.
Fmnklin/ No. Up unHl December 31, 1995 or until Hohret l(oad is
upgraded, which ever comes first they would constrain
themselves to develop only 52 :Iots.
Kubby/ When you said generally contiguous, what does that mean.
l;ranklin/ The reason for that is because there is a space between the
school site and Hunters Hun on the east and Southwest E~tates
on the west in which there is room for a street and lots on
either side, If you say just contiguous to the school site that
means you can only build on one side of the street. That was
not the idea. But that they would be able to fill in that space,
provide the connection between Hunters Run and the school
site and Southwest Estates and the school site and have the
pedestrian connection.
Nov/ Does this completely ignore the l~lCt that the sewer is congested
at that-
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Franklin/ No. What wc arc doing is thcre is already that condition in
the conditional zoning agreemcnt that says no building permits
will be issued until the west side trunk is upgraded. II'thc
west side trunk is not upgraded this is all moot.
Nov/ That December 31. 1995 date has nothing to-
Franklin/ Nothing to do with the sewer.
Kubby / Still puts 52 familics on the Rohret-that road.
Franklin/ Yes.
McD/ If they sell all 52. That is also a catch if they scll all 52.
Larson/ I assume this doesn't remove stall's objection to any
dcvclopmcnt out there until Rohret Road is upgraded.
Franklin/ When we made our recommendation it was to be
consistent in om position that if the infrastructurc was not in
placc to not approve the rezonings. This is an IDI~S to an RS-5.
Yes.
Larson/ You still have the same rccommendation.
Franklin/ In answcr to your question.
Larson/ My problem is I keep remcmbering those leners we got all
through the last thrce years about bicyclists with no shoulder,
joggers with hills, and not a wide enough street. About school
ch.ildrcn now. Busing or no busing. That are going to be biking
and driven along that road. And how do we say no to any
other developers that come in along there. To say well you
gave thcm 52 that is all we want for now. I just think it is a
slippery slope and not in the best interests of the public safety.
Couldn't do anything aboutthc schools decision, Butl can do
something about how many people have to be on that road,
And it is not the developer's 1~1Ult. I don't expcctthem to build
us a $5 million road. That would be lovely. And the school
could pitch in too if they would like, But I just don't think that
it is something that has to be donc now. I just think that it has
to wait its time.
McD/ I have an idea where we can get a lot 01' money, Randy. I will
tell you after the meeting.
Larson/ Not widen Ivlelrose, not move thc airport, quit looking for
water south of town. You are a genius now that you about to
leave council.
Franklin/ If the council chooses not to accept this provision there is a
couple 01' options thaI you have. Let me think this through
now.
lmson/ I was wondering should we defcr or deny.
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Kubby/ We talked last night about deferring so we could make an
independent decision about sewers. So that tillS wasn't putting
pressure on us one direction or another.
Larson/ What are the options.
Franklin/ I think what I would suggest is ii' you don't buy this
particular provision regarding the 52 lots and you still are
going to have your discussion about CIP in April, that you defcr
this rather than dcny it. II' you deny it it means that the
developcr has to come back wit]] another application and go
through thc whole thing again.
McD/ Why do thcy have to go through the whole process again.
Franklin/ If it is denied, ycs.
lvIcD/ I know on denial, what about deferment.
Franklin/ Dcfcrral, no.
McD/ They don't. Oh. I am sorry. I misunderstood.
Horow/ But wc havcn't cven dealt with the amendment. We haven't
put the amendment in a motion.
Larson/ This is p.h.
Franklin/ I am presenting this to you because it is new to you and
you still have a p.h. and possibly they would like to say
somcthing.
Horow/ So we could-that is right, this is a p.h.
Larson/The advantage to this being after our CIP, if we decide to do
Rohret Road quickly we can then approvc this with a new
amcndmentthat said okay you can do it at this date bccausc
that is when wc are agrccing to do Rohret Hoad. I don't know
if I support one or the other for ,my of thcse things.
Franklin/ Because this is a conditional zoning, these issues nced to be
kind of sortcd out before you close thc p.h.
Gcntry/ So it necds to be continued to a datc certain.
Franklin/ May 11.
Courtney/Let us go ahead \\1th any public comments hcre and thcn
we will sort it out. Any public comment
Jerry Hilgenbcrg/I am one of the developers of (his and I apprcciate
your thoughts and in regards to the sewer that is something
that I know you will decide one way or the other later on. In
regards to the llse of l{ohret Hoad and lunderstandthnt also,
Handy, very VCIY much. The one thing and I tried to do this to
show and I don't know, I hope you can see it from here. This is
the school. This is the Hohrel Road. This is our development in
red. If this doesn't not go through our plans are to do Part I in
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!t3e page 4
'93; Part II in '94, have Ihe streets in when the school would be
open in the fall of 1994. If this is not done then the traffic
from both Southwest Estates and Hunters Run for the children
will have to come back this way out on Hohret Hoad and come
back in this way. II' these two streets could be put in by the
1~11l of '94 when the school would be open 111ey would have an
access from Southwest Estates here and here, the blue, coming
into this road and also coming in Ii'om Hunters Run at this point
here. So that the children and people form UlCre would not
have to go out and around and come back in.
Larson/ How do they get into the school property from your
developmen t.
lIilgenberg! There are sidewalks here that we are providing across
so that they can come and they can walk into that.
Larson! But no driveways. People would have to drop them oil in
your development and they would walk over. I just wondered
how many people wouldn't just go ahead and go out to Rohret
and drive into the school anyway. But I appreciate-that makes
a lot of sense.
Hilgenberg! If they would drive the children. II' this is not
developed then this would probably be a corn field or a
pasture field here and then they would deJ1nilely have to go
around and there would be no walking access other than
coming out on Hohret I\oad.
Nov/Do the blue lines there go inlo somebody's back yard.
Hilgenberg! These blue lines are existing streets.
Nov/ There is one of them that heads towards the red line and you
said that would be a way for somebody to get to the school,
Hilgenberg! This is a street here. It comes over to our projected
street here. This is a street here that comes over into our
yellow projecled street here. These are projected and these are
existing streets. So people could drive in here and parI< out
here. Or in here and drop the children ofT and they could walk
here and back out here. Or the children could walk this way
and use the sidewalk to get into the school grounds here
withoul having to go oul on I\ohret I\oad.
Larson/ What I was worried is thai they can't drive all the way inlo
the school site through your development. What they might
just as easily do is drive down to I\ohret so they can drop 01T 10
(he front door of the school is what I would be worried about
anyway. I think Ihal helps what you are saying.
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Hilgenbcrg/ Any qucstions.
Courtney / I think thcre are some serious conccrns here and what I
would personally really like to sec is ]()r us to hold off on
actually considering thc ordinance until after this CIP
discussion that we arc having. I would rather delcr this on you
then make you go back through thc whole process again. And-
McD/ What about the new proposal. Just the limited development.
Courtney / Evcn with that I think I would like to sec where council
heads with their CIP and what we decide with Rohret I\oad,
Hilgenberg/ This is the limited here. The two parts here and the
balance of that will not be developed until sometimes later.
Courtncy/ Right now we are scheduled to begin the process on April
20. Is that going to really crimp you.
Hilgenberg/ It is a possibility that if we do one part one ycar and one
part the next. That when the school would open we would not-
at that time if we didn't have the sewer and didn't have the
time to do the development-
Courtney/Well, il' we actually decide to go forward with Rohret that
becomes a moot point anyway. Is my thinking on it. There are
going to be sidewalks and improved road and evelything for
them to get to the school along Hohret. It is just a decision that
we haven't made.
Hilgcnberg/ Are you saying that there is a possibility that Rohret
Road would be done at what time. Possibly sooner.
Courtney/ I don't know. If wc decide on April 20th to build it we
are talking about Fall 01'-
McD/ Randy wants to do it this summer. He is hoping to have it done
by October.
Larson/ I think it is our obligation to have Hohret Road ready when
thc school opens, I really do. I think it-
Atkins/ I don't see how you could do it this construction season. I
imagine you could do it the next one. You would be awl'ully
close.
Larson/ Fall of '94. September or October of '94.
Atkins/ With a ] 994 build.
Courtney/ If we make that decision and if the sewcr goes then you
have a lot more than SO lots. I just, to me, I hate to make the
decision ahead of the infrastructure.
Larson/ Especially if what we decide at this f\pril CIP meeting is that
we are going to do I\ohret Road in ]99R. Then I think by
opening up SO units ]()r you we have to open it up to SO units
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for evelybody that owns land out there and all of a sudclen
now we have added 2,000 kids. I just want to wait before we
go to that step. You got to be fair once we start saying yes or
no to developments. You can't single out a good responsible
developer like you and say we are going to give you a break
and not treat everybody the same kind of way.
Kubby / Although aside from the school issue. Let lL~ say that the
school wasn't involved, for me this is an example of how when
we allow out of sequence development that we get into
predicaments like tlus. It makes us take projects and move
them around. That, for me, is not real desirable.
Horow/ That is life.
Courtney / Some of us are in a predicamen t. Some of us em1sioned
doing tJ1e road all a long,
Larson/ That is why it is a seven person council.
Hilgenberg/ Thank you.
Courtney/Any other discussion on the p,h.
I think we probably should continue it.
Kubby/ May IHh.
COllrtney/It would be May 1Hh one. The first meeting after the
April 20th.
Gently/ You can still continue it. If you weren't ready-the fact that
it is published and it is a formal p.h., I would feel more
comfortable if you did it to a date certain.
Larson/ May 11
Courtney/ It has been moved and seconded to continue the p,h. to
May 11ti1 meeting. Discussion.
All in favor (ayes)
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Agenda
Iowa City City Council
March 2, 1993
Page 5
h. Consider an ordinance amending the Zoning Ordinance by adopting Section
36.10.5. Neighborhood Conservation Residential Zone (RNC.12). (First
Consideration)
Comment: At its January 21, 1993, meeting, the Planning and Zoning
Commission, by a vote of 7.0, recommended that the Zoning Ordinance be
amended by adopting Section 36- 1 0.5, the Neighborhood Conservation
Residential Zone (RNC.1 2). The Commission's recommendation is consistent
with the staff recommendation included in the memorandum dated December
17,1992.
Action: ~/ ~~I)
/6I'etJlt
'/)[ ell %
i. Consider an ordinance amending the Zoning Ordinance by changing the use
regulations of property located in the general vicinity of Johnson Street on the
west, Clapp Street on the east, Market Street on the north and Jefferson
Street on the south, from RM'1 2, Low Density Multi-Family Residential, to
RNC- 12, Neighborhood Conservation Residential Zone, (REZ92-0018) (First
Consideration)
Comment: At its January 21, 1993, meeting, the Planning and Zoning
Commission, by a vote of 7-0, recommended that the Zoning Ordinance be
amended to change the zoning designation of the subject property from RM-
12 to RNC- 12. The Commission's recommendation is consistent with the
staff recommendation included in a memorandum dated December 17, 1992.
Comments were received at the public hearing on February 23, 1993.
Action: ~J ~)
/tro,tJlt
~;m
%
j. Consider an ordinance amending the Zoning Ordinance to conditionally change
the use regulations of an approximately 19,18 acre parcel located south and
east of the intersection of Sunset Street and Highway 1 West from the
County designations of C2. Commercial, and A 1, Rural, to CI- 1, Intensive
Commercial upon annexation. (Z'9003) (Second Consideration)
Comment: At its December 17, 1 992, meeting, by a vote of 6-0, the
Planning and Zoning Commission recommended that the site be conditionally
, rezoned CI- 1. The Commission's recommendation is generally consistent with
the staff recommendation that the property be rezoned to CI.1 subject to the
conditions contained in the Conditional Zoning Agreement, Comments were
received at the January 5, 1993, and the February 23, 1993, public hearings
on this item, The applicant has requested expedited consideration,
Action: 1ik-/1 !~u
I
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Agenda
Iowa City City Council
March 2, 1993
Page 6
ITEM NO.4. PUBLIC DISCUSSION
4f/ jAtJ
ITEM NO, 5. Public hearing on the City of Iowa City's FY94 Iowa Department of Transportation
State Transit Assistance Grant Application.
Comment: The Johnson County Council of Governments has prepared the FY94
Iowa DOT. State Transit Assistance Grant Application on behalf of Iowa City
Transit. The application contains the FY94 State Transit Assistance funding for
Iowa City Transit. A public hearing on the application' is required by state law.
Action:
rle fnttJ/ ~nrA'U~
ITEM NO.6:
13 -"Iv
CONSIDER A RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION
WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR FY94 IOWA STATE
DOT TRANSIT ASSISTANCE. '
Comment: This resolution authorizes the filing of the FY94 Iowa DOT State
Transit Assistance Grant Application for Iowa City Transit. Iowa City Transit will
be receiving approximately $184,838 in formula operating funds and requesting
$9,740 in special project funds for FY94 transit operations.
I/rw; / nJ1~;di)
I ' '-
Action:
&/d
%
ITEM NO.7. Public hearing on plans, specifications, form of contract and estimate of cost for
construction of the Kirkwood Avenue Reconstruction Project.
Comment: This project involves the reconstruction of Kirkwood Avenue from
Gilbert Street to Franklin Street. Construction includes P.C,C. pavement, P.C.C.
curb and gutter, storm sewer. water main, and a retaining wali. An additional
$60,000.00 is anticipated for work associated with the lowering and resurfacing
of the two railroad crossings, The construction cost estimate Is $1,322,500.00.
Action: ~ rllA.J
ITEM NO.8.
q3- '17
Consider a resolution approving plans, specifications, form of contract and
estimate of cost for construction of the Kirkwood Avenue Reconstruction Project.
establishing amount of bid security to accompany each bid, directing City Clerk
to publish advertisement for bids and fixing time and place for receipt of bids at
10:30 A,M, on March 23, 1993,
Comment: See comment above.
Action: t;/ /hIt/;
IIUfJ
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Courtney / Public Discussion.
Kubby/ I have a rcal quick commcnt before thc public comes up. Wc
typically have councilmcetings on election nights and we
never announce the results of Ihc clection but we announce the
rcsults of ball games.
Ambr/ Sure we do.
Kubby/ We didn't in thc last one.
Courtney / There is a policy on that especially when the people sil1ing
up herc mayor may not have becn dcfeated. Ad you don't
announce
Kubby / I was thinking most specifically in the last one. Point made.
Clara Oleson! I am here to address the issue of the CEBA application
to the Departmelll of Economic Development on behalf of Iowa
Processed Meat, IPM with Millard Hefrigerated Sen~ces. Inc.
Apparently thc real corporate interest and I am here to both
impart information and to ask for information. These are
classic roles of a citizen before her elected reprcsentative. I am
also here to make at least two suggestions. Again, classic
exercise of a citizen's right to petition her governmental
ofJ1cials. First of all bcfore I go on to disclose new information
I havc for you. I particularly want to thank Steve Atkins for
distlibuting the court case of the Colorado bankruptcy court
with found civil liabilities of several million dollars against
Millard. I can imagine the length of the case is intimidating, if
you haven't alrcady tried to perusc it. But I urge each of you
to take a quiet half hour and give it a velY deep scan. In my
opinion it gives you a sense of how business is done in this
industlY and the incrediblc monetmy resourccs of the
corporate players in mcat processing. It also hints at the
instability of thc industry and the resulting insecurity incurrccl
by both workers and the host community. I havc spoken to
one of the attorneys on record in the litigation, Mr. Gary Apple,
of Denver, Colorado who achises that the case will not be
appealcd and that the parties have reached a private
sel1lement. I will be fbllowing up on Ihis information with the
other al10rneys of record. A careful reading of the case
indicates that Mr. [~lrson, primm)' mover in Millard
Hcli'igerated Services which is as 1(11' as my corporate research
indicates has nine di/Terent corporate entities, MOSlly based in
Omaha and Nebraska, It was also involved in litigation in Des
Moines. Iowa on or aboul March 01' ] 9Hl. I Ivill also be seeking
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#4 page 2
out on that litigation as well. Also one of the corporate entities
in the suit you have before you received CEBA moneys for a
Des Moines plant and did not live up to the terms of that
agreement. The Iowa Attorney General's office proceeded
against the corporation and, through litigation, has recovered
part but not all of the public moneys, I shall be following up
on this as well. The significance of that is that if you look at the
days in which the various tnmsactlons occurred and the
bankruptcy decision, you \1111 see tat the bankruptcy court
made a determination that Millard was in partnership with the
Kunkels doing business as Carnation Pet. It was that Call1ation
Pet which got CEBA money from the state which has not been
totally repaid. It would depend upon the dates that the CEBA
money was given to them whether Millards should have made
restitution in whole or in part for that. That is one of the
relevant pieces of information that I think we need here. I
hope that you will make a copy of this case and the CEBA
application available to the general public. Either on file for
viewing at the information desk at the public Library or
through some other mechanism. Secondly I have distributed
through Linda Gentry a rep0l1 of another legal violation n this
matter. On September 22, 1992 Millard Processing Services,
Inc. Omaha, Nebraska was found to have \10lated the National
Labor Relations Act by the National Labor !(elations Board. To
fill you in you know that this is a federal statute which does
various things. But one of the things that it does is that it
allows employees to form a union, to freely elect their
representatives, and to have those representatives bargain
with t heir employer. Millard was found to have commit ted an
unf'air labor pract ice by refusing to recognize and refusing to
bargain with a duly elected union at their Omaha bacon slicing
operation. The report of the case which you will have in front
of you, conclusionary only. That is usually the way the NLRB
decisions are written. However if' you want the underlying
administrative law judge opinion which contains lot of
injeJrlnation about the nalure of' the dispute, the wages at the
facility, the altitude of' the employer and the union. I can make
thaI available to you. I have had one verbal report that this
case is on appeal. j have not yet been able to f1nd anything in
the law books. But given the time f'or the decision, September,
thai would not be unusual. What one makes of' this emerging
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!t4 page 3
record or legal violations will depend on many lactors. But
unless they are publicly know they cannot have a public
opinion /(mned. That is one of my p11l110ses of bringing this to
your attention. Ncxt I visited with the Departmcnt of Economic
Development yesterday and presented them with this
information. I met with 1\'11'. Miller who was formally
associated with the Johnson County Hegional Planning
Commission. He was more than gracious and accommodating.
There were-and I presented them with questions I had about
the revicw process for the application. And I think that this
body last week had questions about the review process. And
this is what r learned. Thc application when received will be
reviewed by the DED staJI Then a subcommit tee of the DED
Board, set up by statutc, Chapter 15, will meet March 17 to
review the recommendation of the stan. That meeting is not
open to the public. The starf recommendations which goes
before this prclimimu)' committee is based on a point system
which is set out in some detail but not completely in Chapter
15 of the Iowa Code and implementing regulaUons of the Iowa
Administrative Procedure Act. On thc following day. March] 8,
the llill board of OlC DED will meet to pass on tile application.
That meeting at OED headquarters in Des ilJoines is open to the
public but the public may not speak. And I don't want to leave
the wrong impression here. As it was explained to me which
makes some sense, that I guess at some point t in the past they
had this where peoplc could speak and it was generally very
time consuming and not producing much new information. It
was basically people who were going to be rccipients of the
grant coming in and kind of making one more JJnal pitch. But
the DED welcomes input form any member or thc public or the
applicant, yourselves. to the corporatc recipient, Millard or IPM
during the rcview process. Indeed indicating that they had
already had about 15 phone calls on this. Again, Mr. Miller,
who was gracious beyond accommodaling, pr0\1ded me with a
copy of thc current DED Board members, Again, I II'ill be
happy to provide that to you if asked, I will be glad to answer
any questions about the rest or my conversation with Mr.
Millcr about the role or thc applicant before the fbHvnrding of
the application to the DED.
Now lor the suggestions, The role or thc council must be
clnrilled in it's relationship to the DED. I have provided you in
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114 page 4
my pass out copy of the Iowa Code, Chapter] SA which could
be read to indicate before any public funds are dispensed the
city council must find that a public purpose shall be served. I
suggest that first you ask your legal counsel to review this
provision of the Iowa Code and its implementing regulations to
see if you have any legal duty that you have here. I also
suggest you contact League of Iowa Municipalities to see what
other cities do in t his area. I have found that many other cities
act quite differently then you do as an applicant. And then
with that legal advice and infol1l1ation about other cities that
you consider what good public policy and hlirness demand in
this community. I have also included in that attachment
information which I received via telephonic communication as
the wires say from the auditors office. Which is about the
evaluation of the property involved here, the taxes paid, and
the amount of money that is TIFFed. I don't want to have to
preach to the choir here but what this means is that this entity
presently pays its billed amount of tet": moneys. But that a
portion of ll1at ta": money and it has varied in different years,
would generally go to the city or to the school board or to the
county does not. Instead that money goes to the TIFF operator
here which is Kirkwood. Which then it goes back to the entity
in tJle form of wage subsidy for certain categories under
----. So there has already been some expenditure of a
considerable amount of public funds and I want to just give
you an example of the kind of information that could have
been gotten with just one phone caIJ. In my opinion you are
more than a conduit between the recipient and the OED. You
are dispensing public moneys. This application alone would
have diverled nearly $SOO,OOO of public tax money, A
substantial portion of which was city tax abatements, $74,000
plus. You are the lexal elected officials with a responsibility to
the public and the public (can't hear) which seeks public
moneys would under go no less SCl1ltiny than the Senior Center,
than t1le IN AI>, or any other social program. And I will not
have this characterized as an anti.business suggestion. Because
any other alternative besides communicating honestly and
openly to all sectors of the business community. That when
they come belbre us as a community to seek an abatement of
our tax moneys will engender a perception at leasl that when
the recipient is a business rather than an individual that
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#-1 page 5
vigilance is not required. The city has money options to work
cooperatively with the business community to set up
expeditious procedures and I mean that. I do not think that
the city generally runs ineJllciently. Or and to be sensitive to
the needs of the economic community which are real. But to
put it bluntly, the business community must be made to
underslandthat when it comes to the pubic tnllll it comes the
same as all other applicants. And that the city wiil examine its
asking with respect but with diligence. I have further thoughts
on this matter if you want to pursue that line. My next
suggestion is that the CEBA application process itself, the actual
application and having that application available. It was done
in this community in less than three working clays. I have
never seen anything else done as expeditiously and I
understanclthat there is an argLUnent that it is going to come
back again. That is in dispute exactly what options you may or
may not have at that point. But it seems that the mechanism
whereby this is made public information can be disputed. You
can talk about making the ICAD proceedings expanding to allow
this kind of access. Or city council. Are details that you should
consider carefully. But a commitment to the principle that
public money e.'\penses require public review must be applied
to DED applications, I would like to see you agree that any
application to CEllA be accorded full and open review and tile
recipients already sign a notice indicating that they are aware
that once they apply all the information is public inJormation.
That time for meaningful access to relevant be provided. Three
working days is obviously insul11cient for a member of the
public or member of the city staff or the city council. And that
meaningful dissemination of the content of the application be
done. Those are my suggest ions ancllastly are my request for
inJormation.
I woulcllike to know the Ibllowing. ]-The present status of the
CEllA application. And if it has been Jorwarded to the DED and
when. The application belore you last week on its 1~lce had
missing information which was promised by certain dates. An
example, balance sheets, two year projections by February
23rd, profit loss statement two year projections by Fehntal)'
23rcl, certificate of incumbency list ing current board of
directors and current officers by February 2(1, The reason for
thaI inlill'Jllation is so that people can investigate the-among
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iN page b
other reasons, is that so people can investigate. If you are
doing corporate research and corporate investigation, one of
t he things you do is you look at the officers and you see what
other corpomtions and how they behaved in other corporate
settings. So I would like to know whether this information was
provided to the city and by the dates promised. And if not,
why not. But was it a reasonable good hlith ellort of compliance
made. If it is not here when is the new information going to be
here. And I take it that I think everybody here on the city
council and the ICAD is operating in good faith. I take that as a
given. And I want to put my comments and my concerns here
within that context. Within the context that when someone
comes fonvard and says that this is a process that is not
working folks. Okay. That that does not generate ill wilI. That
it generates a look at the process to say-now I may think that
this process is working fine but somebody else doesn't so I at
lcast owe it a look. And the last thing is that I would ask for a
report on the record lor contacts between the city
administration and the DED. If there have becn any about the
application and thc role for the city in the application process.
That request is based on the assumption at least onlooking at
it on t.v. it seemed that the council \Vas asking the city manager
to telephone DED. And I thank you velY much for your
attcntion.
Larson/ I would likc to address her remarks (can't hear) that she
asked lor. I think Steve has some information.
Atkins/ Clara, I willtlY to-I was scribbling down as you werc asking
the questions. So if I don't get them all answcred. First of all
the present status is the application has been filed. The contact
person we have at thc DED is Ken Boyd.
Oleson/ He is the head of the CEBA Projects sl~:tion,
AIkins/ That is who we are working with, Secondly-
Oleson/ Was that l1Ied today.
Atkins/ No. Probably a couple of days ago. I don't rcmember the
exact day. The latter part of lasl week. I think -it is in. It is in
Mr. Boyd's hancl. Secondly, there was missing information.
That is correct. I understand that most of the information has
been submittcd and that was late this afternoon. Wc will
conf1nnmore of that tomorrow. When David Schoon, our
Economic lX!vl'lopment staff wiil be foilowing up on that. Ken
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1/4 page 7
Boyd had expressed some concerns abolltlhe inl'orlllalionlhal
was coming in. 'rVe were waiting to get copies back f'rom them.
Oleson/ So we will get a complete copy of' the application at some
point.
Atkins/ That answers your next question. What they get they have
to send back to us so we will have a complete l1Ie. What didn't
[ answer.
Oleson/ Was there any discussion between you and the DED about
the role of' the applicant.
Atkins/ Yes, following the council meeting the next day we called
them to alert them that the application was on its way and that
there were some concerns about information on IvIillard. He
asked f'or that. We bundled it all up and sent it olT to him. He
should have copies of everything that we were handed that
night.
Oleson'! Was there any more general conversation about what in
general a city who receives a CERA application is suppose to do.
Are they a conduit.
Atkins/ No. I didn't have that conversation with him. You would
have to ask David that question. I just don't know.
Kubby / One of the things that I thought we had wanted to IJnd out
was not just the questions that Clara had just asked but also
what is their process. How much investigation do they do.
Atkins/ Clara has pretty much identil1ed how they do that.
Oleson/ I asked that. Because li'om a citizens point of view this looks
velY greased. I understand that many limes things aren't
greased that looked greased. But many times times things
looked greased because they are greased. Okay. That was kind
of'myorientation. Like exactly, what do you do with the stall.
And the person that I spoke to Mr. Miller who is the second in
comand under Mr. Boyd who was out of' the onke. And what
they do. First of all I said what do you do when you have a
corporation that is two weeks old. And he said that they try to
IJndthe real party and interest. One of' things with my legal
tmining, I said do you run an Alexus and Nl~'\us search. Which
is a search of' a computerized dala base with fedeml and state
litigatIon. E'\pensive and nol everybody has access to. There
was a hemming and haWing there. ~jjller said no. I said well
this case, the bankruptcy case, would have come up. Oh,
maybe it wouldn't. And what he emphasized and I think
correctly and thaI why J think there has 10 be some
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#4 page 8
clarification on lhis, is that the stalT resources obviously ebb
and 11011'. You knoll', I mean at busy times or if there is
something brought to their attention that they think that they
should look at they would probably do more. There lI'ere no
II'ritten gUidelines like for a check list, for example, that I sail'.
I had no reason to believe that they 1I'0uld do anytJ1ing than a
thorough job. But on the otJler hand I had no clear indication
of what resources either stall or economic that they brought to
that effort. So I don't know if that-
Larson/ Clara, nrst of all I appreciate very much your comments
about someone questioning how a city as done something
should not be viewed as an adversary. That your inlormation
is very lI'ell regarded today. And I would also say that as I
haven't seen you for some time your lawyering skills are still
excellent. You give a good presentation, IlI'ant to explain
what I was doing last week in approving the application going
on and why. I was voting baSically on two grounds. One that
we had questions that had come up in just the last reII' days or
really literally that day. .lust as the corporation had come
about in the last fell' days and that we had ten years of
experience with this real party and interest. That I at least
was not all'are of any problems with. I have clients thatll'ork
there. I new something about the business. The ICAD people
were teJIing us that they had bccn a good corporate citizen. We
just didn't have ,my negative inJormation prior to that time, So
that led me to reel like bumping them a month on the calendar
was mitigated against that information. Secondly and much
more importantly, the issues that were being brought up,
economic unh1irness to 1I'0rkers. Whether these are good types
of jobs. Whether it is I~lir to the other people in1he industry
throughout the state, Whether these people that were the real
party and interest are bad corporate citizens or not. Were not
issues that our starr people or our abilities as a city I felt lI'ere
able to deal with.
Oleson/ I think that is a good point I{andy,
Larson/ Forwarding the application on was the only way we got
closure on t!1e issue alld to let the proJcssionals. And that is
what I am interested in is will the CEBA application in gender
allow you or any other party and interest. Whelher is be labor
unions or whatevl'J'. To genemte information and present that
to staff people so they can present thai in their investigalion.
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#-+ page 9
Oleson/ One of the ways that I tried to approach thatl]uesUon \\1th
IvIr. Miller and I want to be very careful on how I represent
this conversation becmlse I don't think Mr. Miller is like the
voice 01' DED. You know. ] certainly don't want to represent
what he is telling me as the policy. That is why I think it is
appropriate for this conversation to occur in a rather formal
way between you folks and the DED. Okay.
CHANGE TAPE TO REEL 93-26 SIDE 2
\
Oleson/Listen. When an applicant submits an application we assmne
that they mean what they say. And we certainly don't assume
that it is going to go back and then they are going to evaluate it
infight of what we discovered. We assume that because they
are asking for city moneys, tlle)' are asking for a local
contribution, the local people have made the evaluation. Okay.
So on the other hand he was also saying tlmt now that
questions have been raised we will look into it. That is when I
asked about the other-but I had no lhts one way or another to
say to you that yes, you can be assured that this and other
CEBA applications will be given a full staff' review. I simply
have not gotten enough facts to make that determination. I
think you should follow through on it.
Larsun/ One thing that I think we can assure you and the other
citizens is that when we get the application back we will know
what kind of investigation they did and then we can determine
whether we have 10 do our own investigation on top of that.
And clearly, although they might assume we really want it if
we applied for it. Clearly we would have the legal right when
it comes back to say now we don't want it. Because we have
investigated it and we have decided now we don't want it.
Oleson/ I can undersland that reasoning, Randy, it has a certain
compelling quality to it but letllle be the devil's advocate for
the business point of view. I knoll' Ihere are spokespersons on
the council that might do a very better job than] do. But let
me say this that if I were in a business I think one or the
things you want is certainty and you want to not be whip
sawed. You want some expeditiousness. Okay. [know nothing
about leAD for example. I am sorry that I am just uninformed.
But I am assuming this. I am assuming Ihatlooking at the
leAD board that these are experienced business
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#4 page 10
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representatives and that they make a tremendous voluntary
effort on this matter. So that one of' the things that might be
considered here is sitting down \\1th leAD and say listen, there
may be a conflict of' interest here. On one hand you are tlying
to say to a business come to Iowa City bring you jobs, we can
do this for you and do 111is. Bul at some point in thal
conversation some one some where has to say have you ever
broken the law. If' so, how have you broken the law. Have you
ever gotten state money before and not paid it back. And if
not, why not. That may be- it is going to be an awkward thing
to do. ICAD might not be a place to do it. But I think that
earlier in the process the better. To avoid the problems with
businesses so that they would also know when they are going
to be up f'or publicly scrutiny. Here we now have a business.
Let's give them a benefit of the doubt. Okay. That has had
serious questions raised about its suitability in tlus community.
To be 1~1ir to them and 10 be I~lir to us I think it should have
happened earlier in the process.
Larson/ The last point I want to make because I don't want to leave
people with the wrong impression. The tax abatement or the
tax incentive lor them to expand is not something special for
them but is one that is granted uniformly by ordinance to all
industrial uses.
Oleson/ Within the industrial park.
Larson/ It isn't something unique to them that we consider and said
okay their expansion is good, let's do this.
Oleson/ That is correct but, for l~xample, the c!.t. business comes they
don't get it. It is still money and it is $74,000 or $500,000
total. There is a perception here, With Jolks like me. Okay. It
is interesting to me that the conservatives in this community
should be up in arms about this.
Courtney/ I want to interrupt you just a second. Because I don't
want this to come across that we are giving them $74,000 away
f'rommoney that we already have, We are abating some future
tCLxes on the building itself' and not charging those taxes lor a
few years. We are not going into my property tax dollars and
your property lax dollars and giving them $75,000. It almost
sounds like I hat.
Oleson/ This is a complex subject. What is the difference between a
tax abatement, which is what Ihe $7-1,000 is. t\ j(Jrgivable loan,
which is whallhe $300,000. J\ conlribution which is whallhe
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114 page [1
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electric company, $16J,OOO is. And the -___money which
is $200,000 plus. I think that is very goo point.
Larson/ I think it is important that people understand that it is tax
income from that property that we wouldn't get if they didn't
do the expansion. It is kind of gh1ng them something that they
are going to give us.
Oleson/ We all pay t'L'\es, And it goes into this big thing called
government. When the welfare mothers come we scream
welfare fraud. And we want to see if anybody is buying beer
with their food stamps and all of this kind of stuff. Noll' when
business comes the appearance is it is sUcked. And I don't
think we want to be that appearance.
Comtney / I want to go on to a couple of your other points, In my
line of business I read a lot of annual reports. a lot of lOKs, and
a lot of 10 Qs and Ihey always have litigations Usted in there. I
would say that if you want to ask those questions through ICAD
that there are almost no corporation that will be able ot come
in here and say no I have never been sued and J have never
lost
Oleson/ I haven't seen an annual report for one of these yet.
Courtney/ Subject matter aside on what they were sued on, Proctor
and Gamble gets sued all of Ihe time. National Computer-all of
them have law suits that they enter into, And sometimes they
lose. VelY few large corporations have a clean total 100%
record on fair labor standards, Where they haven't been
accuse of something and occasionally they lose. You can say
that is breaking the law.
Oleson! I don't think it is immediate disqualification. I think that
this is a request under CEllA. And first of this corpomtion did
not disclose. And secondly, the reason I pr0\1de you with the
bankruptcy case is because the nature of that case is serious
and that is the kind of thing that I think should be looked at. I
don't think you should ever make a determination that you are
going 10 turn down a recipient. Suppose your recipielll comes
to ICAD and says you know r am thinking of doing this hut r
lost Ihis case two years ago or something. r would be afraid to
have that criticism.
Courtney/ I want to interrupt you one more time because the next
point was Ihat this at its rootnol a new company coming into
town. This is a company Ihat we have had a corporate
relationship with for many years. They have expanded severnl
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#4 page 12
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times. I think some of their abatements have already gone off
the rolls and they arc actually paying taxes now. 11 was not a
brand new compcuJY coming in at its root. And you
acknowledged that the real company here is Millard.
Oleson/ There is no disclosure of anything about JvIillard. If Millard _
COlu'tney/ I am on the board of ICAD and so is Steve and I am going
to protect them here. From leAD's perspective this was a
current corporate partnership that we have in the City of Iowa
City and have had for many years and that in itself we have
never had any problems with them was something that would
have negated some of these investigation technics that you are
wanting to be done.
Nov/ Another real problem with this is that they did not say we are
Millard applying for this. They said we arc this new two week
old corporation and there wasn't any record on that new
corporation. There wasn't any material given.
Courtney/We all knew who it was from the very beginning.
Oleson/ Mr. Courtney, as a citizen ofthis community, I did not. And I
don't think most citizens of this community would. I knew it
was IPM. I had to call up the Secretmy of State.
Courtney/ In the press conference that I called on Friclay llIorning. I
came right out the very first sentence and said that it was a
newly fOl1ned corporation which was a subsidiary and a direct
olf shoot of II Ii liard Refrigeration.
Oleson/ Sony I don't follow your press conferences,
Kubby/ I have a couple of questions, Clara.
Oleson/You are the elected official. What am I saying. You asked the
question first.
Kubby/When you talked with DED, did you clarify-there was one
thing that was asked for that wasn't provided and that was the
hourly rate for specific job. And it was also not on the list of
the items of the items that would be coming. Did you get any
information of that.
Oleson/ No. I diclllot. As I said, Mr. IIliller forlll Ihe OED was
incredibly gracious. I happened to find myself in Des Moines on
other business. Generally I would have j ustlelephoned. And I
thought well lets right this down. Here I walked in and
interrupted an obviously very busy day and gave me 40
minutes of his lime, And no I am sorry I jusl did not ask thai
question. But again I encourage you folks to establish a line of
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#4 page 13
comlllllnica!ion. Because obviously therc is going to have to be
some information going back to the business community.
Kubby! The othcr qucstion I had is that you mentioned that other
communitics review CEllA grants in a diffcrentway. Could you
give us an example.
Oleson/ [ didn't havc a specific exam pIc. One of the things that 1\'11'.
MiIlcr has is a list of all the applicants for CEBA which are
mostly citics and countics and the state. The recipicnt, the
number of jobs to be creatcd and or the number of jobs to be
rctained and thc amount of the grant. That wcre in effect. So,
for example, that list shows Iowa City with two grants. And this
guy was incrediblc. Off thc top of his head, I tell youlhe P & G
grant was withdrawn. It ncver went through. The Can Co.
grant wC11lthrough, beforc they could hire anybody thcy went
belly up, thcy sent the moncy back. World View went belly
up. Suepple's was dcnicd. Hc just knew the five or six things. I
said are there other cities on this list t1mt one could contact
about how they do things. He said tlmt I would be glad to work
with any applicant on that because thc revicw that different
cities do is very diffcrcnt. I think that would be properly
addressed by thc DED.
Ambr/ I really appreciatc your prcsentation. I thought it was VCIY
enlightcning. I for a numbcr of ycars havc been skepUcal
about the process bccause I had thc occasion when I was
mayor to sign an applicalion and I did not like the way that
camc out at all. And I think your tcrmwas whipped saw and
that is the way I fcll. [ had to do it. And if I didn't do it I had
to explain at a public meeting with the individual sitting right
out therc, I thought I would throw myself open for slandcr or
some other heinous crimc. But in your invcstigation and it
sounds likc you havc done a thorough job, do you think that
thc stall' andthc board at the OED look upon themselves as
transfcrring these moncys, these public moneys, in thc same
aura that you would vcnture capital. Or are they looking al a
surc thing. Are they delibcratcly transmitting these funds 10
the appJicanls with a great dcal of risk in mind.
Olcson/That is a vcry good qucstion and I think a go<xlthing to
investigatc. I think there are three things that are rclevant
here, Onc this is a rclatively ncw statc administrativc agcncy.
Two, it is Glught in the throws of heavy political controversy.
And you can barely pick up a Des Moines Hegistt'r onc week we
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#4 page 14
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had a big article about it this week. I think whenever you put a
state bureaucracy under that kind of pressure, it has very
difficult times. Three, the statutory regulations here and the
implementing regulations have become much more explicit.
And if you look at this. because there's been a battle here
between the governor, trying to get economic development off
the ground, and the legislature. And the whole question about
c"cessive moneys being given to wrong types of the economic
community. So the statute has a velY interesting tension in it.
okay. And the tension, you can see the underlying basis. seems
to be for venture capital. Let's take a little risk here. Let's take
some money to give to it enterprise, which may have a long
tel1l1 pay-olT, and then it begins to tighten up. We're going to
target small businesses. We're going to target women and
minority owned businesses. We're going to make sure that the
jobs created arc good jObs by making an attempt by statute to
find what good means. And we're going to ask you to
investigate these things as a dennition of good, okay. I think
that tension is very. very difficult to implement. And so I
would. my opinion, which I would like to further investigate,
and it would be all interesting question. is that if this were set
up as a venture capital corporation it is no longer a venture
capital corporation, and lhatthey are looking for a
demonstration very oriented towards jobs and less oriented
towards can you not get the money elsewhere. Although that is
till in the statute. That is still n the statute. When I asked him I
said one of the questions here and why you would generally
have a profit and loss statement for example is at least the
statute and the implementing regulations seem to imply we
don't want to give you money unless you can't gel it some place
else. Or you can't get it like at a really high interest rate. Okay.
And yet the information that they ask for seems incomplete to
make that determination. Hight. For example, if you are going
for a Guaranteed Small Business Loan you would have to
demonstrate that two banks have turned you down. Some
thing like that. It doesn'l seem to be anything like that here.
And so they make a more informal determination as to the
health of this particular entity. But they are also suppose to be
doing industry analysis which they seem to rely upon the Iowa
Dept. of Labor and then' is a vel)' big tcnsionthere. So for
example, one of the pieces of infclrIlIation they ask !()r is it is in
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li4 page 15
\
the regulations that if the wage rate asked for by the recipient
is 25% bclow the average wage in that county that the
application gets an automatic zero. And you can see what the
legislators are lJ}'ing to accomplice. The del1nition of tl1e
average wage rate goes on to say it will be based on the
current quarters from the Iowa Dept. of Labor Wage Analysis
Section. So I call them up and I say what is the averagc wage
rate.and it will exclude government employees. Do you have
the average wage ratc for Johnson Courtney. Yep. Can you send
it to me. Yep. I said the reason I am asking 101' this is because
the Ikpt. of Economic Development lIses this. Yes. We send
them our figure but then they recompute it. Why do they
recompute it. Got to ask them. Why do you think they
recompute it. Do you tl1ink they recompute it to make it lower.
You said it not me. I will send it to YOll in the mail. Now I tell
that. That indicates to me that there is a tension lJlere. Okay.
But Ithink-! am a state employee. Myself, I know that it is
many limes diJl1cullunder political pressure or under
whatever kind of pressure to do ones job. And so tl1at is why
this process. There is morc local control that youl01ks can
exercisc and I know-
Courtneyl Take governmcnt out of this county you don't havc a
wholc lot Icft.
NoW They take out only statc governmcnt and not city or county or
school.
Oleson/ They takc out all governmcnt cmployees. So the interesting
thing is when you-I don't know if' you want to get into this but-
becausc thcre arc other people that deal with this a lot bctter.
This ls really, the wholc meat packing industry. We will be
haVing onc of the most noted experts on agribusincss moving
to Iks Moines next month. We also have a new study out by
Prairic Firs Huml Action which I can gct you a copy of if you
are interested about the long term trends in this industry.
Bccause Iowa has a lot of lilets and a lot of information about
this. Merk, out of Iowa Stale does this too. My presentation
tonighl, I really dldn't want to you know say lets launch a
invcstigalion about thc wages although that might have 10 be
donc. But therc are other people tllat can do that and speak to
that issue. Whall want to you to is aboulthe process. And the
process lc)rm a citizen's point of view. Thai if I don'tlhink that
a Senior Center should gel as much money or they should gel
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114 page 16
more money. I know how to do that. And I feel that I have an
opportunity to go belore various board or commission. This is
an amazement to me. This is not the way. We are better than
this, okay. I don't mean that in a way that there is anything
done that is ill intentioned. It jll~t means that we have a horse
and buggy herc and we need a car. Just have to design this
bctter.
Kubby/ A bike. It seems that we regularly-
Gentry/ I do have a question Clara.
Oleson/I forgot aboulmy class mate.
Gentry/ MyoId I'riendl'rom law school.
Gentry/Who did you talk to at the Attorney Generals' offices. Is
there an attorney that I can tall< to in terms 01'-
Oleson/ Mike Millcr showed me the nIes from Consolidated Pet. He is
at the DEO. The Attorney's Gcneral- and he can tell you who to
contact in the Attorney General's office. But the Attorney
General hired a Colorado attorney to do tJle recovery action.
That nIe was about three inches thick and I simply did not
have lime to look at tJ1C Consolidated Pet.
Gentry/ Was that a sell' help rcpo or was that in district court.
Oleson/ I think there was a-I am not quite sure 01' the procedure
here. I think it was under that. I don't want to be stuck with
this. The action was filed but then a settlement was done
before it went to trial.
Gentry/ It was probably filed in Colorado.
Oleson/ It was maybc l1led as part of a bankruptcy proceeding or
whatever. II' you remcmber in this bankruptcy case the court
I'ound that 1m-son. Mulhelin meets with the Kunkcls.
Courtney/Linda, can you two do that.
Gentry / We wiII talk later. I will follow up with this ~'Jiller.
Courtney/ Unless you think therc is a realnced to havc this in the
public record. The disCllssion between you two.
GentlY/ No [wanted a contact person.
COlU'tney! Okay.
Kubby/ But since we do I'requently have businesses who want to
expand and move 10 town and we do have CEBA applications
passing thorough us ilwarrants some disCllssion il' we wanl to
do things dil'fercntly and it docsn't I'eellikc you want to have
that discussion lonight. It seems that we need to.
Ilorow/ I don't disagree wilh you, It needs to take place butnol
tonight.
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IN page 17
Larson/ Soon we will be having a meeting about this application.
within a month I would guess.
Kubby/ That is different than about the pnxess. Because then you
get the specifics muddles in with the process and Clara is kInd
of asking us to separate them as well as to deal with both.
Larson/ I tllink we will learn the pros and cons of our process some
what through that discussion. It can maybe be done shortly
thereafter
Courtney / Any other items for public disCllssion not included on
tonight's agenda.
Moved and seconded (I.arson/Horow) to accept the
correspondence. DisCllssion. All in lavor (ayes).
Kubby/ But I guess if we have questions that we want staff to ask
before now and the DED subcommittee and the whole body
meets when are we going to have time. Can we make time to
make sure tlJose questions are asked.
Courtney / I don't' know as we will have because Ihose questions
would have to be equal and agreed to by a majority of the
council and when is that DED meeting.
Larson/ Could we delegate to Steve the responsibility to sort through
the requests that individual council members have for
information. If he thought they were out of line to come to us.
Courtney/ I don't think we should put him on the spot to choose
what your good questions or bad questions are. I might not
agree with him.
Kubby / I mean at a minimum before this comes back to us I would
like to know how other cities deal with the process. Fir
example. A question that I want answered- might be some
specific questions about the application.
Nov/ I would like some information on how other cities are doing
this and then put it on an informal agenda and we can evaluate
how we mayor may not want to change.
Kubby/ So you are saying there aren't specjjjcs that you are
interested in.
Horow/ I don't have specific questions prepared right now to engage
in a meaningful conversation about this.
Larson/I want to se the state's resulls first and then I think we can
decide okay now we want our staff to go do this investigation.
follow up on this, dig this out, and we can either decide to vote
yes or no on that application or do more investigat ion before
we decide.
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114 page 18
\
Atkins/ Keep in mind lhill iJ'il is not complete it won't even make it
to the subcommittee on the 1 ith. I suspect we wi1J knoll' some
thing within a couple of days.
McD/ David Schoon, he is in contact with them quite frequently isn'l
he.
Atkins/ Yes. He makes the ca1Js for me.
)"Ic])/ I guess J don't see a problem or I don't have a problem with iI'
individual members had some questions to funnel them
through David since he is on contact with them anyway, Do
you have a problem.
Atkins/ I don't have a problem with it ./ohn. I just-spare David that.
If you have some questions send them to me.
McD/ I think after our discussion last week and inlc)J"Jllation that has
been presented and I am assuming through your conversation
that you had. the initial conversation and the follow up
conversation that David has I am assuming 1 hatlhey are we1J
aware of several of our concerns at this level.
Atkins/ They have also taken the calls that Clara has already-they
have told us about the phone calls they rcceived and some of
the questions they were getting. They didn't shcu'e with us the
details us it but they did as a courtesy alert us that they were
receiving phone calls and requests for information and I am
making that assumption that that information is going to nnd
its way into the review. The things that are missing form the
application have to be submitted regardless as I understand it.
Or it simply won't make it through there process. That is what
I have always understood with CEBA. But if you have a specific
question '\~'ite those down and send Ihemlo me and Iletme
know on tllat. Call me.
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#7 page]
Courtney /Openthe public hearing.
Barb Nicknish/I came with John Gross and Tas Anthony and we come
to say thank you. We are very pleased that you voted not to
widen our street. We want to thank the stall' and the engineers
that came out a week ago in the storm to explain to us what is
going to happen. And I would tell you that within the last
monlh since we have seen you that Kirkwood has deteriorated
a great deal.
Courtney/So has every other street in town.
Nicknish/ Thank you.
Courtney/ J call in pot holes daily.
John Gross/ 820 Kirkwood. I would like to thank the council Jor
listening to us. For listening to the neighborhood and making
the decision to repave Kirkwood Ave. at its current width. You
put your voted where you have put yom policy and t1mt is in
neighborhood preservation. And I am pleased that you
resistcclthe mge to build a street which purpose was to move
vehicles from A to B in the most efficient manner disregarding
the values or the neighborhood. We appreciate it very much.
We love the project. We love what you did. I want to give
special thanks to the engineering stall who had the attit ude
that they would sit down with a piece of sketch paper and the
plans and explore \\~th an untrained citizen the best ways or
solving di/l'erent problems. Rick's approach to this project was
getling the job done in t11e best way possible and not holding
out a rule book or something like that and shaking that at us.
So Rick, thank you VCIY much for the way you worked on it.
We look rorward to seeing this street width cast in stone.
Courtney/You jusl couldn't resist wearing the shirt once more, could
you John.
Larson/ Mr. Mayor, J am struck by how many times people who
haven't worked with our statr, complain about planners and
city statr people and how after they have worked with them
they come in and tell us how great they are. ] wished people
would Slop the blanket accusations and poor treatment that our
stall endured these last couple of years about developments.
And wail until they have had some contact to make those kinds
or statements. Thank youl()r your thank yous.
Ambr/ My exact sentiments.
Larson! Happens way too much in writ ten and orallarm.
Ambr/ I supporl that slatement whole heartedly.
\
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#7 page 2
Courtney! Any other public input on Ihis item.
Kubby/ I have some questions about the construction easements, I
know this is not a public hearing about it. But is it okay Dar]'(~l,
to ask some questions about it. I wanted 10 do it when the
neighborhood Was here.
Courtney / Is it going to change your vote.
Gentry! It is on the agenda to vote later.
COlU'tney/ We have got the resolution next.
Gentry! The casement is latcr in thc agenda.
Kubby / I prefer, my preference to do iI. Are the sites for the
construction casements alrcady figured out. and was that part
of the discussion with the neighborhood when you went on tJlat
stormy night. Whenevcr that was. I am nO! sure which stormy
night that was.
Hob Winstead/ The project cngineer for Kirkwood. And we have
made some preliminary contacts with the people that would be
affected by temporary construction easements and we did
briclly discuss that last Thursday evening. And we have had a
couple of the people affected call us saying that they would be
willing to enter into those without even seeing the plans. And
we are still talking with the others.
HorOlv/ I thought you were going to put them all in John Gross's
/inn t yard.
Larson/ Actually cut down that big tree in front,
Kubby! Do you e.,\.:pect any removal of bushes and trees lor this
construction easement. Where you tentatively go the-
Winstead/ Therc is onc property tat lies in the middle of that
retaining wall that is falling down by Van Buren Street. There
arc a couple of small shrubs and there is a volunteer Mulberry
Tree that would be removcd and those are the people that arc
all lor the rebuilding of that retaining wall and removing Ihose.
Kubby/ Will those bushed be replaccd.
Winstead! We havc offercd to replace them if that is what they
would like. They haven't made any statement on that yel.
Kubby/ That is not really Ihe construclion easement on thai
property.
Winstead! We have 10 rebuild the private stairways 10 Ihose
dwellings because that is an integral part of the wall and they
have some bushes Ilt'ar the top of those steps and thai is whal
would be am.'Cleci.
Kubby/ But in lenns of the placement of Ihe construction easement.
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it7 page 3
Courtney/ Do you have one specific one in mind t11at you want to get
to.
Kubby / No. It just says in here that trees might get cut down. I am
trying to find out if this is a generic thing or if this is-
GentlY/ Generic thing, yeah. Rob didn't have time to get the details in
here. We put in here later as a sample.
Kubby / Seems like a pretty easy question to ask where you
tentatively looked at, how much destruction will there be,
Winstead/ The sample easement form in there was just the boiler
plate one. We haven't worked that out. But the only trees that
we anticipate are the small shrub and tree and we have talked
to those people 011 that.
Kubby / Th,mk you.
Courtney/Any other items on the p.h.
Close the p.h.
J
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Agenda
Iowa City City Council
March 2, 1993
Page 7
ITEM NO.9. Public hearing on the City of Iowa City's application to the State of Iowa
Department of Economic Development for Home Investment Partnership Program
funds.
Comment: Iowa City proposes to submit to the Iowa Department of Economic
Development an application for $326.829 in HOME Investment Partnership Funds.
These funds will be used to construct four new duplexes (eight units) of
affordable rental housing, This project is consistent with Iowa City's Comprehen.
sive Housing Affordability Strategy (CHASI. At its February 9, 1993, meeting,
the Housing Commission recommended submission of this application.
Action: .Jr;,. ~./
ITEM NO, 10. CONSIDER RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION
93 - 1.'6 TO THE STATE OF IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT IIDEDI
FOR HOME INVESTMENT PARTNERSHIP FUNDS TO BE USED TO CONSTRUCT
FOUR DUPLEXES (EIGHT UNITSI OF AFFORDABLE RENTAL HOUSING IN THE
WHISPERING MEADOWS SUBDIVISION.
Comment: See item 9 above. Approval of this resolution is recommended subject
to public hearing comments.
y\~) / Ucno
I
Action:
-KuJdu~1o
ITEM NO. 11 . ANNOUNCEMENT OF VACANCIES.
\
a, Current announcements.
(1) Mayor's Youth Employment 80ard ' One vacancy for an unexpired term
ending November 4, 1995. (Kurt Kastendick resigned.1
(2) Historic Preservation Commission, One vacancy for a three-year term
ending May 29, 1996. (Betty Kelly's term ends.)
These appointments will be made at the April 13, 1993, meeting of the City
Council,
b, Previously Announced Vacancies.
(1) Housing Commission. Two vacancies for three-year terms ending May
1, 1996, (Terms of James Harris and Robin Paetzold-Durumeric end.)
(21 Mayor's Youth Employment Board. Two vacancies for three-year terms
ending May 5, 1996. (Terms of Robert Swift and Jacque McClure end,)
(3) Planning and Zoning Commission - Two vacancies for five'year terms
ending May 1, 1998. (Terms of Tom Scott and George Starr end.1
(41 Design Review Committee ' One vacancy for an expired term ending
Juiy 1, 1995, (Term formerly heid by Kay Ireland, )
'. .
These appointme~ts will be made at the March 16, 1993, meeting of the City
Council,
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it9 page 1
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Courtney/Open the p.h. on this item. Any public comment.
Charles Eastham/ I am currentiy serving as president of Greater
Iowa City Housing Fellowship, the recipient of this application.
I would just like to say that we are quite happy to be working
with the city on this project. And we hope to bring it to a
conclusion according to the Ume line that is in the applicaUon.
I would like speCifically to say that we have enjoyed a
tremendous amount of help and accommodation from ti1e city
stan: especially Marianne Milkman and her co-workers. If
there are any questions we would be happy to answer them.
HoJ'OIv/ ycs, I have a question. In looking through this document
that will be submitted. The application sumnJaI)'. I found it
very cxciting but there was one word that I was puzzled over.
And that-on thc application slUlImary on page 7, last
paragraph, it says after the loan debt is retired, now we are
talking 15 years, rents at Whispering Meadows will be rcduced
to an amount that will cover operating costs and expenses.
Again, on page 12, the impact, it talks about upon pay oJT of the
15 ycar mortgage rents of the property will bc reduced to a
level thaI meets operating costs and expenses. And, again on
page 14 and on pagc-well, page 14. And I guess when I read
the word reduced I said to myself wait a minute, we arc
talking 15 years limn now. Hents are going to rise and 1~11l
according to the market. How can we truthfully put the word
reduce in here. Wouldn't it be more appropriatc to put a word
that would be more reasonable such as make every effort to
maintain a rent at an affordable level or something like that.
What is the justification of the word reduced.
Eastham/ Thc meaning is after the debt retirement. Alter thc debt
on thc project is retired we will change the detcrmination of
thc rental amount from thc amount necessary to cover
operating cost plus reserve plus debt retirement to only thc
first two categories-cost plus rcserve. So...will rcducc-
Horow/The fictitious number of Ibur variablcs but you would just
climinatc two of them,
Eastham/ We know lor surc that the debt retirement cost will be
eliminated. So we will take that out of the picture.
I!orow/ I guess I was looking at this from an objective point of view
of a reviewer about to fund you and I would suggest that you
look at a different language.
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it9 page 2
Eastham/ We used almost exactly the same language in the HOME
application we submitted aboulthis time last year which was
awarded last September.
Horow/ Okay. So that doesn't bother them. Great. Fine.
Nov/ You conld say adjusted instead of rednced.
Horow/ wonld be more comfortable with the word adjusted. Bnt if
you have used it once and it went through whom am I to say.
Knbby/ I had a few other questions, Charlie. What will happen if
CCN does not recommend granting a CDllG money, the $75,000.
How will you make that amount np.
Eastham/ We would have to- we could do a couple of things. We
could reduce the project budget. We could increase the amount
of tile home asking. Or we could try to see if we could work
out a different arrangement for the private portion.
Kubby / Once you submit the application can you make adjustments
in it in case that happens.
Eastham/ Since the city Is submitting the application I would defer
that to Marianne,
Milkman/ The answer is yes. You can make adjustments after you
have submitted the application for good cause, obviOlL~ly. In
answer to yon I' qnestion about if CCN does not recommend
funding of CDllG money for this project. Yon still have tlle
option of doing so, of course. And also it will really look badly
for the HOME application becanse if there is no city support for
this project then I think the state will not be that interested in
funding it.
Knbby / What this brings me to is that I feel like if we vote for this in
a way we are pntting CCN in a position of kind of having to put
his on their list. If they don't we certainly can if we chose to
but it becomes velY awkward if we have given them a clear
message we want $75,000 to go and it kind of circumvents the
process that we have set np.
1.lorow/ But they are a recommending body.
Kubby / We are kind of already making the decision before we hear
the recommendation.
Conrtney/ Do yon suggest we vote against this thing.
Knbby / No. I am bringing up the point of the timing of this. It is
nothing abont the application. I think it is a very important
project and J will be voting yes with the consciolls knowledge
that I am circumventing onr recommending process. I just
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#9 page 3
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want to make sure that we make a note of that. That is
unfortunate is all I can say.
Milkman/ I realize that of the timing. The reason 1'01' the timing is
that there aren't very many 1992 HOME runds left and we are
Hying to go after those because those funds we don't have to
have a match rund.
Kubby /It is a prudent decision for content but not for-
I had a couple of other questions about kind or the
environmental check list that is involved here and one of them
says that there is a-the question of the unique geologic features
on site or in the community and there is zerocs on both of
them. Are any of 111e wetland areas need to be included.
Milkman/ Well, they are included later with the hydric soils. Oh I
see, in 111e area close by. No, they are not considered unique
geologic features.
Kubby/ Okay. In item 15 it is wetlands and the affect of the project
on 111e environment is zero but the arfect of the environment
on the project was rated as a 1. Meaning because it will be a
damp area for people to live in.
Milkman. Yeah.
Kubby/ It also said about noise. Airports within 15 miles. So the
answer was no that there was no impact. But there is an
airport within 15 miles. But is that a larger airport that they
are looking for. I had one last question. I see that you will be
restricting construction 10 slab only. I have a question for
Charlie. Was that decision made on economics.
milkman. No, It was made because of the soils because.even though
you are permitted to put basemcnts in the area we feel that
the possibilities of sump pumps not working or whatever it
would be better,
Kubby/ It is intercsling that we made this change but then, in
certain areas, staJT feels that there would be an engineering
problcm in terms of wet basements.
Milkman/ We are sure it could be done but I think it would be a lot
more expensive.
Courlney/We willlct Marianne and...
Any other public comments on this item.
Close the public hearing,
\
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Agenda
Iowa City City Council
March 2, 1993
Page 8
ITEM NO, 12. CITY COUNCIL INFORMATION.
k~ rIM)
ITEM NO. 13. REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY.
a. City Manager.
-1)-
b. City Attorney,
-()-
ITEM NO. 14. CONSIDER A RESOLUTION AUTHORIZING THE CITY ENGINEER TO NEGOTIATE
q 3. <L/ 9 AND THE CITY MANAGER TO SIGN TEMPORARY CONSTRUCTION EASEMENTS
IN CONNECTION WITH THE KIRKWOOD AVENUE RECONSTRUCTION PROJECT.
Comment: The City of Iowa City must acquire temporary construction easements
to construct the Kirkwood Avenue Reconstruction Project. This resolution
authorizes the City Engineer to negotiate and the City Manager to sign these
documents, including authorization of condemnation if necessary. Every effort
will be made to negotiate acceptable agreements without resorting to condemna-
tion. Prior to proceeding with condemnation, staff will notify Council.
Action: ht6 /#ruo
. / '
4(/%
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#12 page 1
Courtney/City Council inrol1nation.
Ambr/We received a hand written letter from Mrs, Funk. Remember
she had 8-9 issues. Would you oITer a reasonable explanation
to each one of those. The questions that are answerable.
Larson/ Now.
Ambr/ No. Write her a letter to her. I had the questions given to me
orally and I could answer her. I think the one has been taken
care of with the Bre Dept.
Atkins/ It is in the packet, yeah.
Ambr/ Thank you.
Atkins/ I wi]] take care or that.
Horow/ Are you going to talk about Big Brothers/Big Sisters. I just
want to remind people that March 13 is Big Brothers/Big
Sisters Bowl for Kids Sake Community Day. So get your teams
together or make your pledges. Colonial Lanes ion Iowa City
and there is another one in Coralville. This is a lot of fun to
raise money for Big Brothers and Big Sisters. That [ is.
Nov/ This is a question for Don Yucuis. I got a phone call from a
citizen about our policy lor city services Jor home businesses.
And I would like to see if you could get me some inlormation
about garbage pick up for vmious home businesses and how
we decide ir this one does or does not receive that kind or
service.
Courtney / Home occupations.
Nov/Or there are various businesses that are authorized as home
occupation. I have been told that some of them do receive city
service for garbage pick up and some do not. And somebody
asked me hall' does this work and I didn't knoll' but I promised
that I would bring the question.
Atkins/ We will prepare something lor you on that.
Kubby/ [have been asked that question, too, recently and the
situation that I have been asked that specifically of the
business was housing people short term. And ir that makes a
diITerence as to what the answer is.
Atkins/ For profit.
Nov/ Oh yeah, for pronto
Atkins/ That makes it a commercial business,
Nov/ It makes it ,1 commercial business but the question that I got
was why is this commercial business treated clilTerently I'rom
somebody else's commercial business in their homes.
Atkins/ I understand. I wi]] prepare something.
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#12 page 2
Nov/ Are these people treated differently and if so, how are we
deciding to do tIml.
Atkins/ Got you. Okay.
Courtney/ Anything else.
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Agenda
Iowa City City Council
March 2, 1993
Page 9
ITEM NO. 15. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE
'13 _ So MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE
CONSTRUCTION OF THE COLLEGE STREET BRIDGE DECK AND SIDEWALK
REHABILITATION PROJECT.
Comment: The bid opening for this project was held February 23, 1993 and the
following bids were received:
Cramer & Associates, Inc.
Des Moines, Iowa
$145,13B.15
Cunningham.Reis Co.
Van Meter, Iowa
Iowa Bridge & Culvert, Inc,
Washington, Iowa
Conlon Construction Co.
Dubuque. Iowa
Engineer's Estimate
$207,951.00
$241,328.75
$267,615.20
$288,576.50
\
Public Works and Engineering recommends awarding this contract to Cramer
& Associates, Inc. of Des Moines, Iowa.
Action: kvA / /#w
I I Iv /'/
J//-, ~.J ;;PAdMf/ /0
ITEM NO. 16. CONSIDER RESOLUTION AMEN61NG AGREEMENT NO. 92-F.9 RELATIVE TO THE
93 _ 51 REPLACEMENT OF MELROSE AVENUE BRIDGE WHICH SPANS THE IOWA
INTERSTATE RAILROAD NEAR KINNICK STADIUM.
Comment: This document amends prior agreement No. 92,F.9 entered into with
the Iowa Department of Transportation on April 13, 1992 for the Melrose Avenue
Bridge Replacement Project. The amendment increases the maximum project
participation from $650.000.00 to $850.000.00 in Federal aid HBRR funds.
Action: fk~/ ~ %
~ ~) 1>>c/l/~
ITEM NO; 17. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY
q.3 _ 52.. CLERK TO ATTEST A WATER MAIN EASEMENT AGREEMENT. A SANITARY
SEWER EASEMENT AGREEMENT AND A STORMWATER DETENTION FACILITY
EASEMENT AGREEMENT FOR COURT HILL CONDOMINIUMS,
Comment: Pursuant to the Site Pian Review Ordinance, City staff has approved
the site plan for Court Hill Condominiums subject to the developer entering into
Water Main, Sanitary Sewer and Storm water Detention Facility Easement
Agreements with the City, This Resolution authorizes execution of the necessary
easement agreements for the Court Hill Condominiums development,
Action: /Jllf,,6 (J/ti.()
/
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!t15 page 1
Courtney/Moved by Ambr, seconded by Horow. Discussion.
Horow/ I have one question,
Ambr/ I do too.
Horow/ It is my understanding that our bidding process says tat it is
the lowest reasonable bid. Is that correct.
Gentry/No. It is the lowest responsible bid.
Horow/ Lowest responsible bid. Okay. So that in other words the
engineer-do our engineers do have the or the Purchasing
Department does have the right to reject the lowest bid.
GentlY/ Yes. Absolutely.
Atkins/ You have the right to reject it. We can recommend rejection.
Horow/ That is it. I am not saying anything about this particular
company. It is just that I get vel}' frustrated, really, about
taking the lowest bid when there is always it seems to me in
many cases where we have cost over runs or problems,
GenII}' / I think the stall always takes into account the prior bad
histol}' with a contractor. That goes in to their
recommendation before it ever gets to you.
Atkins/ Or gets to the agenda, When it comes to the agenda at our
meetings, they have checked out the firm to make sure in the
best of their minds that it is a reputable firm. Shocked by the
thing, so are we,
Courtney/ Pltl~ the I1rm has to provide bonds.
Horow/ I know they do but I just get suspicious. What was your
question.
Ambr / Well, mine is exactly the same kind of feeling that you have
about it. The engineer's estimate is about 75% more than the
low bid. The low bid is 25-35% lower them the second best bid,
I assume you have checked these guys out.
Larson/ Problem is with the stock holders of Cramer and Associates.
Courll1ey/ r-ortunately it is not a publicly held company.
Ambr/ Have they ever been sued.
Denny Gannon/ This type of construction work is mainly an overlay
project and the work is being bid low, The DOT had a project
where they had two bridges in Des Moines County and their
es1imate WllS $140,000 and low bid was $82,000, So this kind
of work is coming in low for us.
Now' Is it because we are biclcling in February,
Gannon/ Could be.
Ambr/ They are looking for work then.
Horow/ Okay.
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it15 page 2
Ambr/ Thank you.
Gentry/If there is some network that you have that you need to clue
us in.
Horow/ No. Suspicious nature. Absolutely suspiciOll~ about 101\' bids.
I am paranoid about them.
Ambr/ I talked to the agent that insures them. They are very
reputable. They pay their bills.
Courtney/Any further discussion.
Roll call-
The resolution is adopted.
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#16 page 1
Courtney/ Do we proceed wilh this or should it be deferred?
Atkins/ Well, I think you can proceed, This is just simply amending
the agreement making you eligible for the money.
Kubby / It doesn't have anything to do with design.
Atkins/ No.
Courtl1ey! Moved by Ambr, seconded by Horow. Discussion.
Horow/ I will vote for this because in reading through the resolution,
it docs not commit me to one option or anotJler. And for that
reason I will go along WitJl it.
Atkins/ It simply maintains your eligibility.
HorolV! It strictly making the.
Larson/ What's HBRR?
Atkins! Highway Bridge Replacement, C'mon Denny.
Gannon/ Highway Bridge Replacement and Rehabilitation.
Atkins/ Okay.
Ambr/ Railroad's not in there.
Courtney/That's what I was wondering.
Kubby/ It's under there.
COlu'tney / Any further discussion'?
Hall call-
Resolution is adopted.
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Agenda
Iowa City City Council
March 2, 1 993
Page 10
~'\ - 53
ITEM NO. 1 B, CONSIDER RESOLUTION RATIFYING SETTLEMENT OF PENDING LITIGATION.
Comment: In September, 1991, Myrtle D, Schneider filed an action in district
court against the City and other named defendants. During executive session,
Council authorized settlement. This resolution ratifies settlement of the litigation,
as required by Chapter 21, Code of Iowa. The City Attorney's Office recom.
mends adoption.
~MhJ/~ %
I ~t1./ tJ .4m-6 ~t?
ITEM NO. 19. CONSIDER A RESOLUTI~N ADO TING THE ANNUAL BUDGET FOR THE FIS~AL
'13 - 51 YEAR ENDING JUNE 30, 1994,
Action:
Comment: A public hearing was held on February 23, 1993, on the annual
budget for the fiscal year ending June 30. 1994, which includes capital
improvement projects. Council now proceeds to adopt the annual budget so that
it may be certified to the Johnson County Auditor by March 15, 1993.
Action:
%
ITEM NO. 20. CONSIDER A RESOLlJTION APPR VING THE FINANCIAL PLAN FOR THE CITY
'13 - 55 OF IOWA CITY, IOWA, FOR FISCAL YEARS ENDING JUNE 30, 1994 AND JUNE
30, 1995,
Comment: A public hearing was held on February 23, 1993, to hear comments
for or against the proposed FY94 and FY95 Financial Plan, which inciudes both
operations and capital Improvements, Council now proceeds to adopt the two.
year Financial Plan.
Action: ~ / IhuJ,
I
~%
I
ITEM NO. 21 . CONSIDER AN ORDINANCE AMENDING CHAPTER 23, ENTITLE "MOTOR
VEHICLES AND TRAFFIC" OF THE CODE OF ORDINANCES OF THE CITY OF
IOWA CITY, IOWA, TO REVISE AND CLARIFY THE DEFINITION OF COMMERCIAL
VEHICLE. IFIRST CONSIDERATION)
Comment: The City Traffic Engineer and the Supervisor of Parking, upon review
of the present use of areas In the Central Business District Identified as
Commercial Loading Zones, recommended the definition of "commercial vehicle"
be amended to clarify the type of signage required of commercial vehicles and the
appropriate usage of the zones. The zones conlinue to be used by non,commercial
vehicles for short.term parking, This contributes to the congestion of the District
when bona fide commercial vehicles double'park to make deliveries because all
loading zones are filled. After an appropriate period of time, parkin9 enforcement
officers will ticket any vehicle parked in a commercial loading zone which does
not fully meet the definition of a "commercial vehicle."
Action: ,X:;JMV / )/tttJ /5h t/1-1
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ItlS page 1
Courtney / /I'Ioved by Larson, seconded by Ambr. Discussion.
Lcu'son/ Mr. Mayor, point of policy. Do we not give a dollar I1gme lor
a reason. Maybe Unda could answer. Is this on public record
somewhere as to how much we are authorizing to pay.
Ambr/It is in the resolution.
Genl1y / It is in the resolution.
Larson/ I guess I just think that-
Genl1y / It would be belleI' to have it in the comment?
Larson/ I think it would be better to have it in there and just a brief
explanation of what happened and why it is being done. Only a
sentence or so because I think it just seems more cloaked in
secrecy and enigma than it needs to be. Since the resolution
gives those details, I just as soon the comment give.
GentlY/ We had talked about it earlier and Dale and I had come
down the other way.
Courtney / I don't mind gh1ng the figure but I would hate to sit and
read all of t11C details.
Larson/ I am only talking about a sentence or two.
Courtney/ ]1' Linda wants to give those, that is I1ne.
Gentry/ I think the figure is appropriate.
Larson/ I think it raises more questions than answers and I just
think we have been stung by that be]ore and I think that it is
legitimate to make sure people understand that this is a fall
where the city made a selllement and that that figure was
$26,000 I believe to the estate of the woman who died
afterwards. Not necessarily related to the fall. Thank you.
Courtney/ Lisa, she didn't die from a lull. You are sitting back there
ChUCkling and gelling ready to write.
Larson/ No one here is Qunicy....
Courtney/Roll call-
The resolution is adopted.
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# 19 page 1
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Courtney/ Moved by Ambr, seconded by I\ubby. DisCllssion.
I\ubby / I had a few comments that I wanted to make about the
budget. And they kind of fall into four categories and actually
one of them is a question. The Hrst category is things that
were not funded that if there were not a property tax freeze. I
would like to have had funded and there were an engineer in
the Engineering Department. Part is from all of the
environmental regs from the state and the federal government
as well as any new ones that we come up with in the next year
that the Engineering Department will be involved in and they
really need some more people power over there to make sure
that we are following all of these and to help us create them,
Housing inspector was asked for by the II.I.s. I hope that that
may be funded through inspection fees. And a Senior Center
volunteer coordinator. I wasn'l ready to say yes to it this year
but I will be looking for it a year or two down the road. I am
not sure what I feel about it for next year. But I think it is a
real position that is worth the money. 11 is kind of a big bang
for a buck, Making sure someone is coordinating other
volunteers. I would like, in the mean time for them. to explore
what Handy suggested last night and that was if it is possible to
find someone who can make a longer term commitment for
becoming that volunteer coordinator on a volunteer basis.
There were some things that we talked about last night that
were not in the proposed budget that either got put back in
earlier or last night and one of them was the whispering
Meadows wetlands construction. That originally was not
proposed by the city manager. Council decided we wanted it
back in our budget discussions earlier in the year, We had a
conditional zoning agreement with the developer on that where
we would be gelling some of the wetlands as public lands and
it was kind of an obligation of that agreement that we would
indl'Cd construct them. So I am glad the money was put back
in, The other things was $29,000 and some odd dollars for the
bike trail from Burlington to Iowa. I think this is a real
backbone of the trail. Once we get neighborhood tmils they
have got to lead to somewhere. This is important link in there.
Kind of psychologically as \Veil as physically. And lastly some
money for some I1istoric Preservation money. The Commission
can use that money in our contingency as matching funds Ibr
some survey work to help us start 10 implement our lIP Plan.
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#19 page 2
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One of the policy decisions that is incOlvorated into the budget
is around refuse rates. We are, as of now anyway in terms of
voting on this budget, continuing flat rate structure tor city
pick up and I know that we will be discussing volume based
rates in the future and I very much look forward to that. I
think it is a real important policy change that we work toward.
And my least thing is the question. And that is we had talked
about the possibility of raping informal meetings and the
answer we got back in terms of cost was $1,000 capital cost
and $4,000 a year for over time and tempormy crew for
actually taping the meetings. And I know that we said that we
would review the one trial J'lm tape. We haven't done that yet.
Is there money in the contingency. $5,000 doesn't seem very
much. Do have that kind of fle.;\ibility in our budget.
Atkins/ Yes. you do.
Kubby/ So, I am not quite sure if we should all get a tape and pass it
along to each other and review it at home if you have the
facilities or go to the Public Library to review it. But I would
like us to move along on making that decision. In evidence last
night, for example, a large issue where we have a lot of starr
information I think that it would be useful for the community.
I am glad that Bill brought this issue up.. I hope we do it. So I
will put it on my list to remind us about it. And John and I will
be talking about volume base.
McD/ January 2, 1994 you and I are going to meet. We can meet
before that Karen.
HorolV/ I appreciated, once again, the detail in the budget. I enjoyec\
going through it I enjoyed looking Jar errors, I caught a
couple, Not many.
Atkins/ You are vel)' good at it, Susan.
Horow/ Thank you,
Courtney/ Not as good as Naomi.....
Horow/ I will support his totally. It is your money, l{llks but it is
mostly frozen. You don't have that much to play around with.
Larson/ I just want to say that everyone talks about ta:\ freeze and
how it has restrained us. We have had the advantage of
increased development that has given us a little bit of a break.
But at least for the last five years and I was blessedly ignon1n t
of what had gone just before that time. My assumption is a
few years before that This council has oniy increased property
taxes by the rate of inflation or less. At least within a percent
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#19 page 3
or a hall' percent of that rate of inflation and I think that is
something that gets lost sometimes, This year we weren't
constrained anymore than we have been constraining ourselves
pretty much. We just had been keeping or house in order
pretty well. I thought particularly this budget we made some
modifications that expressed the kind of community we want it
to be. By putting back in HP, putting in bike trails. We have
yes to some developments and people say we are losing our
sense of place. Sometimes I want to make sure that everyone
understands that those developments pay some of the bills for
being able to have a library that people can use or having the
Senior Center that is the best in the midwest. And those kinds
of things. I think this budget expressed our part as the council
in a way that we can be proud of and that we were able to do
the things. Probably the regret a lot of us have is that we
couldn't do more to lelthe Senior Center to use their volunteers
so ellectively and we just have to do what we can in years to
come. I am proud of this budget.
Courtney/Any other discussion,
I jtl~t have one comment. While certainly not enough to make
me vote against this budget, I do want to this year go on record
saying that the budget does include what I consider to be a
disproportionate share going to the transit system and it
increases year after year after year. The share. And takes
away from other much needed projects that everybody has
been mentioning here. And I truly feel like some year that we
are going to regret not making adjustments along the way on
that. That it is going to come back as a much larger increase
than what we will want to do at the time. I have said that in
the inrormal discussions along the way and never really got it
on record during the vote. So, I just wanted to do that this
year. It is certainly not a comment that I'm anti-lransit or
anything. It just comes down to the dollars and cents and
sharing with the other departments in the city that have to
give up because or it. Any other discussion?
Ambr/ I'm kind or pleased that this council, during the broad
discussions or the various spending priorities we have, that not
one or you brought up the idea or raising the salaries or the
council. I've heard that discussion several times in the last .10
years. I'm very proud or you t hat you didn't bring it up,
because [ know that you serve just out or the desire to serve. I
I
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# 19 page 4
appreciate that. Wc're in here a Jot of limes till midnight and
sometimes till after, and folks have got to understand that.
There's absolutcly nothing in the way of personal gain other
than the satisfaction of scrvice to your collll11unity. I'm talking
to thesc peoplc out there who are thinking about being a
council candidate this Ihll. There's tl1ree positions up Jor
clection or re-clection, so I know some of you are paying
attention to it but I do hope that those people who are thinking
about it are going to come fOlward with the idea of not having
an ax to grind in particular, but purely on the basis of sen1ce
to your conullunity.
Courtney/Thank you. Any other discussioll.
Roll call-
The resolution is adopt(xl.
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#21 page I
Courtney/ ~'Ioved by Larson, secondccl by Horow. DisCllssion.
Larson/ I just wantcd to make itmorc clcar than thc comment
maybe does. What this means it that commercial loading zones
d. t. are to be used only by vehiclcs that have a sign in the
window or on the side of thc window. So if you thought that
meant that if you werc doing commercc you could park there
or load there. it doesn't. It is not a change. It just changes the
signage. Those of us that frequently go d.t. would appreciate it
if you would leave those zones open for commercial vchiclc.
Therc is lots of room in the ramp.
Ambr/ I hope this is given once again wide press approval and
whatever publicity wc can give it because there are a numbcr
of citizens that do comc d.t. An c''\ample was givcn by our
Parking Director last night. They will just print something on an
old envelop and put it on their dash and the assumption is that
they are in thcre doing some commerce whcn all they are
doing is making a bank deposit. Or something like that. So I
think thcy ought to bc put on notice that that won't work
anymore.
Larson/ There is no truth to the rumor that in the I1ne print of this
ordinance is a provision you can park any where you want if
you come into a certain cstablishment d.t.
Ambr/ This is the famous Larson....
Courtncy / Any other discussion.
Holl call-
The ordinance passes first consideration.
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Agenda
Iowa City City Council
March 2, 1993
Page 11
ITEM NO, 22. CONSIDER AN ORDINANCE ADOPTING THE 1991 EDITION OF THE UNIFORM
PLUMBING CODE AS AMENDED. SAID CODE SHALL BE KNOWN AS THE IOWA
CITY PLUMBING CODE. (SECOND CONSIDERATION)
Comment: The Board of Examiners of Plumbers has reviewed the 199t Uniform
Piumbing Code (UPCI and has suggested several amendments to accommodate
local conditions and practices. The 1991 UPC is to replace the 1988 UPC.
Action: I(tdk, / ~ J",w.t ~ t/ /' L;
--01 f/(.,/? 1/
,jpt?~ ~.J Cllt2A.d,Mv /' (J
ITEM NO, 21 . ADJOURNMENT,
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#22 page 1
Courtney/ !vlov<xl by Kubby, seconded by Horow. Discussions.
Kubby/ I actually had a question last time-even though the question
was answered in writing. So if people are following us and
watching until the end of the meeting, they got the answer too.
The question was who will then determine who is eligible to
take the block test. The answer is that it will be an
administrative review because there are certain criteria that
have to be met. Sometimes there are some gray areas and the
meetings will be setup as such that there will be a Board of
Appeals meeting an applicant can appeal the decision if they
are denied the opportunity to take the exam. They will be able
to get to the Board of Appeals belore the date of the exam.. J
am glad that it is set up that way, And the other thing thatl
said last week. It was an error is that a new thing is that there
is a ratio of one licensed person to three appendices. And that
was already in the code which I didn't know. It is not in the
electrical code though. I hope that it ends up when we review
that. That it gets in the elecllical code, too. Thank you.
Courtney/Any other discussion.
Roll call-
The ordinance passes second consideration.
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City of Iowa City
MEMORANDUM
DATE: February 26, 1993
TO: City Council
FROM: City Manager
RE: Work Session Agendas and Meeting Schedule
March I, 1993
6:30 P.M.
6:45 P.M.
7:15 - 9:15 P.M.
7:15 P.M,
8:00 P,M.
8:30 P,M.
8:50 P.M.
9:00 P.M.
March 2, 1993
7:30 P.M.
\
March 15, 1993
6:30 - 8:30 P,M,
Monday
- Conference Board Meeting - Council Chambers
- Special Council Meetin9 - Council Chambers
Executive Session (Pendin9 Liti9ation; Collective
Bargaining)
City Council Work Session - Council Chambers
- Planning and zoning matters
Melrose Avenue Reconstruction
FY94 Annual Budget and Two-Year Financial Plan
- Comprehensive Annual Financial Report
. Council agenda, Council time, Council committee reports
Tuesday
Regular Council Meeting - Council Chambers
Monday
City Council Work Session - Council Chambers
Agenda pending
March 16. 1993 Tuesday
7:30 P,M, - Regular Council Meeting - Council Chambers
PENDING LIST
Appointments to the Design Review Committee, Plannin9 and Zoning Commission,
Mayor's Youth Employment Board and Housing Commission - March 16, 1993
Appointments to the Historic Preservation Commission and Mayor's Youth
Employment Board - April 13, 1993