HomeMy WebLinkAbout1993-11-23 Agenda
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IOWA CITY CITY COUNCIL
AGENDA
REGULAR COUNCIL MEETING OF NOVEMBER 23, 1993
7:30 P.M.
COUNCIL CHAMBERS, CIVIC CENTER
410 EAST WASHINGTON
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AGENDA
IOWA CITY CITY COUNCIL
REGULAR COUNCIL MEETING - NOVEMBER 23, 1993
7:30 P.M.
COUNCIL CHAMBERS
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ITEM NO.1- CALL TO ORDER.
ROLL CALL.
ITEM NO.2- MAYOR'S PROCLAMATION.
ITEM NO.3-
a, City High's Little Hawks Girls' Cross Country Taam Recognition Day _ \
Novembar 23, 1993. Catch '&d
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b. City High's Little Haw'ks Boys' Cross Country Team Recognition Day _ /'
November 23, 1993.
c. Regina Running Regals Boys' Cross Country Recognition Day - Dece~- c;clt
b~r 7,1993. _, 17f9~ i'tIM'l
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CONSI'D~R MlOPTION OF THE CONSENT CALENDAIfAS PRESENTED 0
AMENDED.
a. Consider approval of Official Council actions of the regular meeting of
November 9, 1993, as published, subject to corrections, as recom-
mended by the City Clerk.
b. Minutes of Boards and Commissions.
(1) Mayor's Youth Employment Boerd meeting of September 22,
1993.
(2) Airport Commission meeting of October 14, 1993.
(3) Broadband Telecommunications Commission meeting of Septem-
ber 15, 1993.
(4) Historic Preservation Commission meeting of September 8,1993.
(5) Historic Preservation Commission meeting of October 12, 1993.
(6) Parks and Recreation Commission meeting of October 13, 1993,
(7) Board of Library Trustees meeting of October 28, 1993.
(8) Planning and Zoning Commission meeting of October 27,1993.
(9) Planning and Zoning Commission meeting of Novamber 4, 1993,
(10) Design Raview Committee meeting of Novembar 15, 1993.
(11) Senior Center Commission meeting of September 27,1993.
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Courtney/(#2) Mayor'S Proclamations.
Before I start into these I got to give you a little
background here. I was called last week early to be reminded
that when there was a state championship basketball team the
last time around in 1989 from City High that the mayor did a
proclamation. So they were anticipating that we might
possibly have another state champion and what is in a lot of
places considered a major sport and suggesting I ought to do
that. I got to thinking about it. I said oh, this is really
bad, politically incorrect. In this town where politically
correct is always at the top of the agenda. I realized that
we have had some great successes in what is major sports in
this town, whether it is in other towns or not, and I decided
rather than to hide from it it was time to correct some
deficiencies from this mayor in one case and a past one in
another case. We are about to do that tonight. And I am
going to read the first two and then present them to the coach
for both of them.
(Reads Proclamations: city High's Little Hawks Girls' Cross
Country Team Recognition Day; City High's Little Hawks Boys'
Cross Country Team Recognition Day)
Bud Williams/ Mr. Mayor, city council, as a long time coach of he
cross country teams at city High School I would like to thank
each and everyone of you for recognizing the accomplishments
of our teams at City High School. Not only at city High School
but at Regina and any other high school in this city deserves
this type of recognition of the hard work and dedication and
self sacrifice and a lot of other reasons. It is appreciated
by the parents, appreciated by the coaches, by the team and by
the school community. These young men and young women devote
hundreds of hours to accomplish their personal goals as well
as team goals. And much of their hard work, their dedication
and perseverance will go unnoticed by the general public day
in and day out. During the three years when my young men have
been the state champions they have beaten 367 teams while
losing to only 1 in three years. That is quite an
accomplishment. And the women, not to be outdone, in five
years have 561-6. A fantastic record to say the least and we
are proud of them. I might also point out that we have had
many post season honors bestowed upon these kids. For
example, during the MVC meet we had 11 out of 22 kids receive
all conference. 7 of those kids were first teamers and four
were second team. The first ~eam members were Keely Barnett,
Ginny Moeler, Lisa Tomee, steve Kirth, Mike RObinson, Sam
Argle, and Ross Conklin. And the second teamers were Leah
Lammer, Kim Harding, A. J. Johnson and Ryan Slebos. Then to
go on which I think is really the cream of the crop, at state
we had five all staters in this group. Five all staters.
They were Keely Barnett, Ginny Moeler, Steve Kirth, Mike
Robinson, and Sam Argle. And out of these five we had three
became elite all staters. And that would be Keely Barnett,
Steve Kirth and Mike Robinson. Again, I would like to
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#2 page 2
congratulate you for recognizing these kids and want you to
know that the coaches, the parents, the runners, and the
school community truly appreciate the proclamation that you
proclaim just moments ago. Thank you very much.
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courtney/ (Reads proclamation: Regina Running Regals Boys' Cross
Country Recognition Day)
Bob Brown/ First of all I would like to thank the mayor and the
council for the presentation. It is greatly appreciated and
maybe this will help make up for some of our morning workouts
when we slow Mr. Atkins down on his way to work on running the
hill on First Avenue. Sometimes it is still dark when we
practice and we kind of get in his way but he always
acknowledges us with a wave. Next I would like to mention our
girl's team which finished fourth in the state. Highest
finish ever for a girls' team and had a phenomenal season. I
would also like to congratulate Butch Williams and city High.
Unless you coach this or participate in it you have no idea
what it is like when it was such a thrill and such a dream
come true for us to win one Championship for the first time
and they have won five girls' championships and three boys'
championships in a row. It makes it really tough on the
eastside of Iowa cit. It is a high standard that our team and
our coaches try and achieve and try and follow. To kind of
put these three teams achievements in perspective, there are
approximately 500 boys and girls cross country teams in the
state of Iowa. There is a district meet held, 92 teams
qualify for the state meet. Out of that there are six state
Championships contested. Three for boys and three for girls.
The city of Iowa city had three of those six state
championships out of approximatelY 500 teams that were
represented in the state. I think by this a proclamation
shows that they are extremely proud with the kind of things
that go on with our cross country teams. Not only in the
filed of athletics but academically and extracurricular
activities. I know city High young people are involved in
many things just like ours are in Regina. Our youngsters are
extremely proud to represent Iowa city at events like this, at
cross country meets throughout the year and I think kind of
Iowa city is becoming the city of Champions. Thank you.
courtney/ Our last proclamation is not on the agenda tonight. I
didn't dare put it on the agenda which gets printed on Friday
afternoon until after the game was over. Gary Veem wouldn't
let me. I have already presented the actual proclamation at
the rally at city High sunday afternoon but I would like to
read it into the record this evening. (Reads Proclamation:
city High Little Hawks Football Team Recognition Day.)
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City of Iowa City
MEMORANDUM
Da te: November '23, 1993
To: ,Mayor, ,City Council and General Public,
From: City Clerk
RE: ,Additions to the Agenda
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3f(B) Letter and petition from Tom Wilson regarding parking on College Street.
Bb(3) Board of Adjustment - one vacancy for anqunexpired term ending 1/1/97.
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Agenda
Iowa City City Council
Regular Council Maeting
November 23, 1993
Page 2
c. Permit Motions as Recommended by tha City Clerk.
(1) Consider a motion approving a Class "CO Liquor License for INC.
Limited dba The Sanctuary Restaurant, 405 S, Gilbert 51.
(Renewal)
(2) Consider a motion approving a Class "E" Liquor License for
Rendall's International, Inc" dba Randall's Pantry, 1851 Lower
Muscatine Rd. (Renewal)
d. Motions,
(1) CONSIDER A MOTION TO APPROVE I)!SSUflSEMENTS IN THE
AMOUNT Of $6,924,060,47 FOR THE PERIOD Of OCTOBER 1
THROUGH OCTOBER 31, 1993, AS RECOMMENDED BY THE
fINAr~CE DIRECTOR SUBJECT TO AUDIT.
(2) CONSIDER A MOTION TO ACCEPT THE ABSTRACT Of VOTES
fOR THE IOWA CITY ELECTION Of 11/2/93.
e. Resolutions,
q3- 303
(1) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
A RIGHT-Of-WAY ASSURANCE STATEMENT fOR fEDERAL AID
PROJECTS.
Comment: This resolution will provide assurance to the Stete and
federal Highway Administration that the City will comply with tha
1970 Uniform Ralocation Assistance and Land Acquisition Policies
Act on all projects using federal aid, This is a yearly statament
that is a requirement for receiving federal aid funds for projects.
Public Works recomme;1ds approval, A copy of the Assuranca
Statament is attached,
f. Correspondence,
(1) Letter from Jamas D, Herd and Patricia J. Lohmann regarding stop
signs on Kirkwood Avenue.
(2) Letter from Systems Unlimited, Inc., regarding zoning for housing.
(31 Letter from Aaron Wolfe, publisher of Icon, regarding newspapar
vending machines.
(4) Letter from Don Klotz regarding an altarnative to the leaf vacuum-
ing servica.
(5) Letter from Stephen f. Bright inviting the City Council members
to visit the site of the proposed Sycamore Farms Annexation.
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Agende
lowe City City Council
Regular Council Meeting
November 23, '993
Page 3
(61 Letter from Mary Kay Hull regarding the floodplain.
(7) Memoranda from the Traffic Engineer regarding:
(a) Parking prohibition on the north side of the 700 block of
Whiting Avenue.
(b) Parking meters in the 400 block of East College Street.
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END OF CONSENT CALENDAR ' ~ ~ :
ITEM NO.4- PLANNING AND ZONING MATTERS.
a. Consider setting a public hearing for December 7, , 993, on an
ordinance amending Zoning Ordinance Section 36-58, Off-Street Parking
Requirements for Multi-Femily Dwellings; Sectiofls 36-" (g), 36-'2(g),
36-'3(g) end 36-'4(g), the speciel provisions sections of tho RM-'2,
RNC-20, RM-20 end RM-44 zones; Sections 36.'7(cll') end 36-
20(cll'), the provisional use sections of the COo, end CB-2 zones; and
Sections 36-' 9(dll5) and 36-23(dll3), the specie I exception sections of
the CC-2 and CI-' zones.
Comment: At its November 4, , 993, meeting, by a vote of 6-0, the
Planning and Zoning Commission recommended approval of an
ordinance amending the Zoning Ordinance requirements pertaining to , )
the number of off-street parking spaces required for multi-family uses;
2) the screening requirements when parking spaces are located on the
ground floor of or under a building; and 31 the requirement that access
to individual multi.family dwelling units shall be from enclosed lobbies
or corridors, except for townhouse.style units. The Commission's
recommendation is'generelly consistent with the staff recommendetion.
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b. Consider setting a public heering for December 7, , 993, on an
Ordinance emending the Zoning Ordinence to affirm the single.femily
charecter of the RNC-' 2, Neighborhood Conservation Residential, zone
and to restrict the number of principal buildings permitted on a lot in the
RNC-'2 zone.
Comment: At its November 4, '993,' meeting, by a vote of 6-0, the
Planning and Zoning Commission recommended epproval of the
proposed amendments to the zone, The Commission's recommendation
is consistent with that of staff.
Action:
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Agenda
lowe City City Council
Regular Council Meeting
Novembar 23, 1993
Page 4
c, Public hearing on an ordinanca amending the Zoning Ordinance by
conditionally changing the use regulations of en approximate 7.86 acre
tract of land located at 2312 Muscatine Avenue (Towncrest Mobila
Home Court) from RFBH, Factory Built Housing Residential, to CC.2,
Community Commercial. (REZ93.0010)
Comment: At its November 4, 1993. meeting, by a vote of 6-0, the
Planning and Zoning Commission recommended denial of an ordinence
amending the Zoning Ordinance by conditionelly changing the usa
regulations of en approximate 7.86 acre tract of land located at 2312
Muscatine Avenue from RFBH to CC-2. In a staff report dated Septem-
ber 16. 1993, staff recommended that the proposed rezoning be
approved only if concerns regarding the improvement of the First
Avenue and Muscatine Avenue intersection and the loss of an area
zoned RFBH are resolved.' k..q/Itv
Action: ~/ n~uU,.>> @gIJLjZj.!J.!A.pdYl~
d P bl' h ' d' d' h Z ~ ,~) b
. U IC eanng on an or Inance amen Ing t e onlng r !nance y
changing the requirements for hard-surfaced driveways that ere
accessed via an unpaved alley.
Comment: On October 21, 1993, the Planning and Zoning Commission,
by a vote of 5-0. recommended approval of amendments. as proposed
by staff, to Zoning Ordinance Sections 36-58; Off-Street Parking
Requirements, and 36.4, Definitions, changing the raquirements for
hard-surfaced driveways that are accessed via an unpaved alley. The
Commission's recommendation is consistent with the staff recommen.
dation contained in a memorandum dated October 21, 1993.
Action: 1'\9 IYM./ af+'~
e. Consider an ordinance vacating portions of the northarn half of Lafayette
Street and the eastern half of Maiden Lane. (First consideretion)
(VAC93-0003)
Comment: At its October 7, 1993, meeting, by a vote of 4.0, the
Planning and Zoning Commission recommended that a 395 square foot
portion of the Maldan Lane and Lafayette Street rights'of-way located
east of Gilbert Street and south of development et 702 S. Gilbert be
vacated. The Commission'S recommendetion is consistent with the
staff recommendation included in a staif report dated October 7, 1993.
No comments were received at the Council's Novamber ~, 1993,
hearing on this item. '
Action:
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#4c page 1
CourtneY/(#4c) Open the p.h. on this item.
Philip Leff/ Attorney for applicant. I represent Muscatine
Properties Inc which is a corporation created by Eagles solely
for the purpose of redevelopment of this property, so that
the, if I may refer to this as the Eagles project, they're not
technically the applicant. In the audience also is
who is a representative of Eagles and is available to answer
your technical questions you may have that may not be the best
of the information that I have available to me. As you know,
Eagles is now a member of the business community, has a
present location here. It is one of the leading retail grocery
outlets in this area. The applicant in this case has acquired
the ownership of the option or has purchased property or
purchase agreements subject to rezoning of not only the
property that is the mobile home court but is the portion that
needs to be rezoned, but also it's an abutting property and if
you look in your packet, as I'm sure you have, you'll see
identification of this property. It is roughly can be
described as the Lee property on the north and proceeding
southward along First Avenue to the Hanson property excludes
the two properties on the corner, and then includes all the
property that moves from in that area from First Avenue
eastward to what is the westerly property line of the
cemetery, Memory Gardens, on that 1 ine extended south to
Muscatine Avenue. So they have put together a substantial
parcel of property in the middle of a general commercial area
that is suitable in size and topography to a development of
this kind. And it is unusual to be able to put together that
kind of a package and so it represents a real opportunity for
Eagles and hopefully for the city hopefully to create a
redevelopment of a area that we believe is, will benefit
substantially from the proposes use. The reaction of the
staff to this proposal is in the initial staff report that you
have. But I think it's fair to characterize the relationship
and the staff throughout this process as open and cooperative.
there's been a free exchange of information. I think eagles
has readily made available all the facts which the staff has
asked and has attempted to address each of the questions that
they have proposed during this process. So it's been a non
adversarial role, one which you can describe, at least in my
opinion, as if we can solve these problems, it's a good
project for Iowa city and we'll work with you and see if
thoseproblems can be resolved. The September 16 staff report
that's in your packet I believe states that this project
complies with the comprehensive land use plan in a variety of
ways. The plan encourages an expansion of commercial
development within an existing core of present commercial
areas I which is of course exactly what the this plan of
redevelopment proposes. The plan also meets the goal of
transitions and buffers between land uses and zones. The
bUffering requirements of the staff are acceptable to Eagles
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#4c page 2
and Eagles has agreed to make all of those buffering changes
or structures that have been requested by the staff. It also
meets the land use plan in that it takes vacant and commercial
properties in poor condition and upgrades those properties in
the process of redevelopment and in the obvious way that
provides improved property values for this parcel and we
believe will improve the land value of those properties
immediately adjacent to and in the surrounding neighborhood.
This site design is also one that is favorable to Iowa city.
It improves storm water detention facility and drainage
characteristic of the property by installing a current storm
water retention facility meeting the current requirements of
the city ordinances. This will help provide a buffer with the
single family zoned area that's close by, with a combination
of landscaping that's contained in the basic plan and I
believe approved by the staff. It provides a compact
commercial development with neighborhood accessibility that
minimizes the transportation needs for people in this area.
They will have a large neighborhood shopping area which will
meet their basic need is short distances, and in the immediate
neighborhood walk to, ride a bicycle to, or if they use car
transportation drive a shorter distance to get the essentials
rather than crossing town and adding to the traffic pattern to
cross shop in various areas in the community. I notice in the
back of the packet that there's a letter from a Mr. Derek
Mauer who is concerned about the possibility that Eagles might
close their store on Dodge street. And the comments that he
makes about what that store means to that neighborhood, is the
very thing that I'm speaking about as to what this project can
add to the neighborhood in which it would be located. He
refers to this Eagles store and he says, he talks about the
people who use this store. He said they are University
students who travel by foot and by bicycle or older people who
walk from their nearby homes. If the store does indeed close,
I they will have no good alternative for their shopping and no
I other grocery stores within easy safe walking distance. That
I is one of the positive factors of this particular proposal.
i And I think it is an important factor in your consideration
l and that of your staff. The staff raises two concerns that the
~ developer needs to address and has done so. I think if those
i two issues can be addressed comfortably by the council their
l is certainly no opposition to the plan and to the benefits it
1 brings to the community. They are of course the issue of
1 affordable housing and the displacement of people who live in
the mobile home court, and the transportation concerns about
the intersection of Muscatine and First Avenue. If we look
first at the transportation issues you have in your packet of
materials, the city traffic engineer's analysis. In that
analysis as I read it, it states that this project will
improve access to the streets by relocation of curb cuts on
First Avenue, and therefore be a positive factor in connection
with this intersection. The staff has said they believe it is
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fair that if Eagle's increases the traffic to this
intersection, Eagles ought to pay a proportionate share of the
capital improvements to bring the intersection to the city's
required level. Eagle's has said okay that is a reasonable
request, and we are willing to in some manner pay our fair
share of those improvements. Eagles in working towards that
goal has agreed to dedicate to the city, a seven to seven and
a half foot strip along each of these two streets so that city
will widen those two streets without the cost and expense of
condemnation or purchase of the property. The traffic engineer
was asked to calculate how much traffic this store will
generate to this intersection. And the traffic engineer used
the Institute of Traffic Engineers Trip Generation Manual and
statistics which are broad general statistics not necessarily
specific to the Eagles operation. Eagles used study of their
own based on their stores and communities in Iowa and
surrounding areas, similar to this particular store in size.
It shouldn't be a source of wonderment that the statistical
results were somewhat different as to how much traffic was
generated by the store. But if you look at page 8 of the
traffic summary by the city traffic engineer, by the way, I
thought in his presentation to the P/Z commission presented a
very balanced report and indicated that this kind of a study
is difficult to come up with hard cold facts as to the actual
traffic that will be generated or the portion that this
particular store might impact on the intersection. but the
conclusion of your traffic engineer was that the total
estimated project cost for the reconstruction of First Avenue
between D and Bradford is $1,080,000. It is felt that the
proposed First-Muscatine development, that is Eagles, will
directly impact only the portion of the proposed
reconstruction project north of Muscatine Avenue. The
estimated project cost for this portion of the reconstruction
project is $540,000. The estimated impact by Eagles by the
traffic engineer was 11.7% 11.7% of $540,000 is a little over
$63,000. And the staff said in effect to us during these
negotiations and communications, will you pay $63,180 toward
the intersection cost. Eagles' calculations came up with a
lower percentage and they indicated that they would pay
$25,000 in the initial contact between the staff and Eagles.
The P/Z Commission aslted that the cost be paid by Eagles, not
for the portion not just recommended as impacted by this
project through the opinion of the traffic engineer, but that
Eagles pay a portion of the entire project that is both north
and south of the intersection of Muscatine and First Avenue.
That would produce a share cost for Eagles of $126,000 rounded
to the closest $1000. The staff then in its contact with
Eagles said, can't you come up with some kind of a proposal
where you can pay that amount or close to that amount of this
intersection cost. Eagles then responded by saying that if the
city will provide a tax rebate, they will front the costs of
the project. recouping part of it back in the form of a tax
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#4c page 4
rebate. under that proposal they would increase the amount
that they would be spending to $117,000 which is higher than
the $63,000 that the traffic engineer says is the portion that
should be paid based on the impact of the project on this
intersection. We recognize that this intersection is part of
your CIP but prioritization of this is several years in the
future. Eagles has as carefully as and as knowledgeably as
they can with their experience analyzed the traffic problems
and has decided that those problems are not sufficient in
scope and complication to impact adversely on the location of
the store. They're willing to put this store there and put
their substantial investment in this area whether the
intersection is improved or not and are willing to wait until
the city decided that it should be done as part of the CIP,
so they are, in the common parlance, willing to put their
money where their mouth is, come in to the project now, pay in
advance their prorated share costs of that project, if and
when the city decides it should be done. The more emotional
issue in this long episode has to do with the displacement of
affordable housing that exists in the mobile home court. The
staff has recommended in it's report that there be a
partnership between the city and the developer with each of
the partners contributing towards the solution of the problem.
The Eagles has responded affirmatively to that and said we are
willing to participate in the partnership and to do our share
and we want the city to do their share also. If you read what
the developer has agreed to do in the communications that you
have from his president that are included in your packet and
that I will summarize briefly. I think that you will find
that Eagles has done it's part in this proposal. If you look
at the staff report, the staff report says that this
partnership ought to consist of accomplishing these kinds of
steps in order to resolve the problem. To contract with Life
Skills to make relocation counseling available for tenants of
the mobile home court. To provide relocation assistance to be
used in the initial cost of securing alternate housing to
provide a suitable period of time to allow tenants to relocate
alternate housing, to assist in the disposal or relocation of
the individual mobile homes. To apply for home or federal and
state funds to reestablished new manufactured housing, to
initiate rezoning of suitable relocations to RFBH zone, and to
purchase suitable land for that type of zone. Some of those
are obviously out of the scope of any developer and lay
strictly in the hands of the city. It is a matter of how
firmly the city is willing and willing to meet its commitment
to provide affordable housing to its citizens to the extent
that the city sees that as its responsibility. Eagles has said
ini tially that it will pay $25,000 towards the relocation
costs. This was true even though your legal department has
advised that you may not require that this is a payment from
the developer as a condition of the rezoning. Eagles has said,
regardless of this, we will pay $25,000 toward that purpose
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page 5
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and you can combine it with whatever funds and programs you
have to relocate these tenants. The staff then indicated that
by doing some calculations they believe the relocation costs
may be more like $97,000 and said, can't you come up with or
provide a plan where we can reach a contribution in the area
of $97,000. Eagles again said that they would be willi1g to if
you declare this a revitalization district which is the method
by which the legal department has indicated that you can then
require contributions to relocation and defraying the cost of
affordable housing relocation. If you do this and provide a
tax rebate that is then available under that plan, Eagles will
increase its cost contribution to $67,000. The staff had
talked during the process of the possibility of attaining
$30,000 from city block grant funds to pay towards this and if
you combine the two, you'll reach the goal of $97,000. Some of
these people were concerned that they were going to be out, on
the street, in 30 days. While that fear is very genuine, it
simply's not grounded on fact. And in this process Eagles has
indicated that time to relocate would be closer to five or six
months depending on when this process might end if there is an
affirmative approval of the application. The problem that P/Z
faced in my interpretation of what happened in the P/Z vote
was, once we reached this partnership participation and
brought the contributions up to what we thought was the
required goal. P/Z said we're sorry but we can't force these
people to go, regardless of the amount of money, because
there's simply no place for them to go. There are no exIsting
mobile home courts or places where they can move those mobile
homes. Some of them are not in a condition to move unless we
have available immediately or in a very short time replacement
housing we can't approve this project because we believe it is
the obligation-I assume they believe it is the obligation of
the city and the developer to solve the problem immediately
and initially at the time of the rezoning. If a council
adopts this kind of a position it seems to me it sends a clear
damning message to future development in the community and I
know there is always an issue of when development is good and
when development is bad no matter what the project is. But if
the clear word to go out is that in this city if you want to
redevelop an area that involves the relocation of anybody who
is in affordable housing, it cannot be done unless there is
immediate affordable housing for those people to go into or it
doesn't make any difference what the merit of the project are,
it is simply going to fail. Then that needs to be said and
developers need to know that and they will cut a wide swath
from the community until you solve your affordable housing
problems. One of the questions is can the residents of the
mobile home court be relocated. We think that they can and we
think that with great effort by the city as one of the
partners in this project and by utilizing some of the funds
that you have and some of the agencies that are at your
disposal that a good many if not all of these people can be
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#4c page 6
relocated. We think that there are spaces in mobile home
courts that are available. That is not going to help the
person whose mobile home simply is not in the condition to
move. It doesn't make any difference what is available, that
structure cannot function again as a home if the site is
terminated. Additional factor in connection with this
question of affordable housing relocation is that you should
consider what is the future of the mobile home court as a
continued affordable housing area. I believe and I think that
Jean Bartley is the attorney for the Camps, the owner of the
mobile home court. I think she will speak to this wi.th more
authority than I can that this area is not going to remain
affordable housing very long. The operation is now operating
at a loss. The cost of improving the area and upgrading it
are substantial. If they are done they will result in
spreading those costs back against the rent and will increase
the rent for the people who live there. The increased cost of
sewer and water expenses at passed directly to the tenants in
the form of additional rent. In conclusion I would like to
state again that I believe that this is a good project for
Iowa city. There is not one person, not one neighbor or
property owner who has corne in to say this project is a bad
project. I am not use to that, having that kind of support.
Usually it is a battle with the neighbors that this is going
to devalue their property. It is going to create problems.
It is not here. It is going to benefit the neighbors. It is
going to benefit the community, in addition to the immediate
neighborhood. Affordable housing is not affordable housing
and is not a solution if it is affordable because it is
substandard. I don't like to classify this area as
substandard but I want to read to you what the staff report
says and let you draw your own conclusions. I assume that you
will look at the area if you haven't already done so. This
is what the staff report says. Many of the mobile home units
themselves are in poor condition. The Iowa city
Rehabilitation staff has on occasion inspected the mobile home
units within Towncrest and found that they are generally at
the end of their useful economic life and not capable of
providing safe and sanitary housing. Because of there poor
condition it may be for the best interest that these dwellings
are removed from the market. You have in your packet a
statement from the Fire Department. It states-it is just a
basic fact that there since 1971 have been 12 deaths by fire
in Iowa city. six of them have occurred in this mobile home
court. We need to find a solution to find good housing for
these people. Eagles is sympathetic with this. They do not
want to be classified as someone who is eager for profits and
bottom line who will leave it to nature to takes its course to
find replacement housing for people who need to be replaced.
Anybody whose house is taken or whose dwelling is taken by
purchase or tenants of areas that are taken must always find
housing again that is affordable to them. It doesn't make any
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#4c page 7
difference whether it is affordable at this level or it is a
$40,000 home or a $50,000 home. If it is taken by them
because they were tenants in that property they have to find
replacement housing. The rezoning has all of the advantages
I think that I have alluded to. You have several letters in
your packet from the president of Eagles that provide you with
other details of the pros of this project. I urge you to vote
when the time is appropriate, in favor of the project and to
rezone this property from an antiquated zone that it is in,
the RFBH zone, to one that brings the property to its best and
highest use under your zoning ordinances and that is a CC-2
zone. Thank you very much.
Novl Mr. Leff, do you know whether or not Eagle will close the
Dodge street store.
Leffl I do not know that.
Novl They are not saying one way or another.
Leffl They are not saying anything to me. I don't think they said
anything to Mr. Mauer. I don't think the Mr. Brockly will say
anything to you because I don't think that he knows. So the
answer is I don't know.
Novl We were sitting around yesterday wondering where this idea had
come from.
Leffl You can make that statement about a variety of things that
have occurred during this long process. We just put that at
the end of the list. I have no idea.
Pigottl Can you tell me how you came up wit the figure of $25,000
for relocation assistance for the-
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Leffl The Home Skills indicated that they would need a fee of
$8,000 for them to assist in the relocation. Eagles felt that
they would pay that $8,000 and would have other funds
available to use as the city saw fit to aid in the project.
They also agreed that they would, if somebody wanted to leave
the mobile home there and did not want the expenses of
demolition or moving that they would assume those costs. But
it was a arbitrary figure.
Throgl Mr. Leff, I understand that any contribution that Eagle
might make to providing relocation assistance would be
voluntary if it is just a rezoning situation. But I guess
what I am wondering is whether another $10,000 in assistance
would make the project uneconomic and unviable. Or another
$20,000.
Leffl Or another $100,000 or another $400,000. I don't know but
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there is a limit to how far you can push that before the
people who control any project are going to say that is beyond
economic feasibility for us. And what Eagles has said is they
have agreed to do what has been requested by the staff of them
to these figures and they think that is economically feasible.
Now I am not going to say you can take that down the other
direction. Would another $500 do it. Sure. I don't know
what that level is but I know that there is a limit and I know
that I have been told that this is the limit of the
authorization that anybody here has to make on this project
and they have done a lot of thought because this process has
gone on for a long time. It isn't out of the back pocket, off
the top of the head statement by them.
Throg/ One way to interpret this project is that it becomes
economically viable only if certain negative costs are
displaced onto the residents of that area. In other words if
they are compelled to move that they would have to bear the
cost of the project being developed. So I am wondering if
that is equitable. If that is fair.
Leff/ I think that that is the decision that you have to make as a
council member. I could tell you what I think. I am in a
role as an advocate. I can tell you what I think as a
citizen. I don't think that is going to persuade you one way
or the other. There is some obligation by the city to provide
affordable housing. Whether this project goes or this project
doesn't go. And what I can read about affordable housing in
Iowa city is that the city is far behind in meeting it's goals
of affordable housing and maybe the city has to prioritize
funds towards this goal i~ it is an important goal for the
city.
Throg/ And unfortunately in this particular instance the project
would cause 65 units to be moved.
Pigott/ That is actually a reduction in affordable housing.
Leff/ It is a reduction in affordable housing but what I am saying
to you is that reduction may occur whether this project goes
on or not. And if this project is in the condition that is
described by the staff perhaps these people are entitled to
replacement housing regardless if that is the city's
responsibility. But if you say to a developer you can develop
in this city if you will simply pay all of the costs of
relocation of everybody who is displaced, you run out of
bounds of economic feasibility for almost any project. This
developer can't go out and buy land and develop a mobile home
court and move people to a mobile home court, a new one. If
they did the cost of a new mobile home court and the cost of
rent to make it feasible puts it beyond the range of the rent
these people are paying now. I think that is true whether the
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#4c page 9
city buys a new mobile home court and says here it is, yotl can
put your new mobile homes or your existing mobile homes in
this court and this is what we have to have in order to break
even. Even as a non profit mobile home court.
CHANGE TAPE TO REEL 93-98 SIDE 2
Ed Murphy/ Good evening Mr. Mayor and members of the council. My
name is Ed Murphy. I am a former resident in Towncrest Mobile
Home Park. I moved out November 5. I have been asked to
speak on behalf of several of my former neighbors. continuing
something which I had started from the very first p.h. with
the P/Z Commission. As I stated at the very first P/Z
Commission I was not opposed to the project as long as their
is compensation for the displaced tenants. Whether that
compensation is from the developer, from the city, or a
combination of both there has to be compensation involved. In
your council packet you will find results of a survey that I
conducted. I would like to just highlight some of those
results. There are 69 units in the mobile home park, 40 were
occupied or 40 were included in the survey. Of those not
included 8 units were vacant, 2 units did not wish to
participate, 2 units were moving and did not wish to
participate, two units were inhabited by the ownership's
family and I did not feel that they would be provided any
hardship do to redevelopment and 15 units were not home,
either working or away from the unit at the time that I went
around and conducted the survey. I want to get to a lot of
the meat of it. Question 2 regards the longevity of their
stay at Towncrest Mobile Home Park. Forty two and half
percent have been there longer than three years. Okay, so
that establishes a set occupancy rate for the mobile home
park. #3 & 4 in the survey regard to the age of the mobile
home and the size. This gives you an idea of what we are
talking about as far as the individual units. #5 Do you rent
or own then mobile home. Seventy seven and half percent own
the mobile home. We are talking about two different types of
people here. Those that are renting units and those that
actually own the property that is affixed. So we are really
dealing with two types of relocation assistance in this
regard. #6 deals with the family make up or the occupancy of
the each of these units and in the parenthesis behind it
indicates the number of units in which that make up covers.
I was really surprised to find that only 15% of the
respondents were students. I thought maybe with its proximity
to the bus line it would be a little bit higher. Most
alarming statistic that I found in this survey was the income
levels of the households that we were dealing with. 45% earn
less than $10,000. Another 25%, between $10,000-15,000. And
20% between $15,000 and 20,000. Under $20,000 of 90% of the
respondents. I continued on. I had already found my place to
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page 10
relocate prior to conducting the survey. I conducted the
survey hopeful if displacement assistance come that I would be
able to recoup some of the displacement assistance. Looking
down at these statistics I wasn't happen about dipping into my
savings to pay for my move. But at least I had savings to do
it. We need to get the assistance where the assistance is
needed the most. We need to get it to the low income people.
It cost me $650 just to move, set up and tie down the mobile
home four miles. I have easily doubled that in reconstructing
of the deck and on site storage shed, misc. hardware. Last
night at your work session councilor Kubby with regard to the
lost of assets found that it imperative that their status in
life become unchanged. That they not lose assets. My status
in my life has changed because I have lost assets. I am not
here for myself. I work up the next day after I moved. I
woke up this morning. I'll wake up tomorrow morning. I'll
continue to go on. other people who have faced greater
hardships without the displacement assistance. We can't
forget about those people. Regarding the Eagles project. In
your work session last night and also this evening you
discussed the question of whether the North Dodge street
location would close. We are looking at a conditional
rezoning request. Would it be possible for the city in it's
conditional agreement add to it that the North Dodge street
location not be closed for a period of time after the
reconstruction of the new store. That is just something I am
throwing out. It is a condition. You are establishing
conditions for the redevelopment, could this not be a new
condition added to it. As far as the Eagles offers, in the
letter of October 15 from the presidency of Eagles, offers for
any tenant to abandon and Eagles will remove and dispose of
the unit. I don't know about my neighbors but I know that I
certainly wouldn't want to walk away from what is probably my
only asset. Really I thought that was very generous of them.
The $25,000 contribution is a little bit misleading. My
discussions with the Housing staff is that is for support
services only. None of that $25,000 will go directly to the
tenants. It will go to Life Skills Inc. to assist with the
counseling and other services, support services, with rega~d
to relocation. In the letter of 11/4 it was increase to
$67,000 with tax abatement. Okay. $25,000 would cover the
support services, $42,000 of it would go to direct financing
of the displacement. That works out to approximately $700 per
unit. In the area of affordable housing. Affordable housing
is not just a problem with Iowa city. It is a problem with
the entire area. And I know that there is an agency called
the JCCOG and whether or not it is a unified effort, I think
it should be a unified effort between Iowa city, university
Hts., Coralville, Johnson County to work together to solve the
problem of affordable housing. We can't do it as Iowa City
along because the developers will build the expensive houses
in Coralville and ignore Iowa city because we still have
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#4c page 11
access to Iowa City areas. We need to work together in that
regard. Question, do we rezone without replacement and do we
rezone without a place for these units to relocate. One of my
former neighbors said that you are looking at rezoning for us
to move out but you haven't rezoned for us to move into. Some
place for us to relocate to. That is one aspect of this
proposed development. What message would we be sending to
developers as far as affordable housing. Would it not be a
conflicting message. We are telling developers you need to
build more affordable housing but yet at the same time you are
telling another developer you can remove an area that already
exists for affordable housing to build a grocery store. I was
asked after the October 21 P/Z Commission by Pat Camp who is
the president f Towncrest Mobile Horne Park to speak to you and
I agree. Would the city look at maybe developing a
comprehensive mobile home ordinance. One that would require
courts to accepting cheap units, regardless of there age and
size as long as there are established guidelines and standards
for habitat including inspection. It is a feasible idea. Just
because a unit is old doesn't mean that it is useful. If that
is the case a lot of our neighborhoods would have been gone.
The neighborhood that I grew up in would be gone. Do we force
these people from their homes that they own and the lots that
they rent and put them into renting an apartment. I would
like to take this and also compare it to like taking your
automobile away from you. If we took your automobile away
from you and forced you to rent an automobile you don't have
your assets and you are just forking money out every month to
rent and use that machinery. The area of best use of land.
The best use of land is that that meets the needs of the
community. What are the community needs. Is it a grocery
store. Iowa City is the most concentrated retail grocery
market in the nation. Is it affordable housing. We have
already established that fact that affordable housing is a
definite need in this area. You have talked about developing
strategy for creating more affordable housing. Does that
strategy include removing existing affordable housing without
adding a replacement in place. In closing a lot of our
neighbors face economic hardship due to flooding. The
flooding, an act of God. Let's not force economic for
corporate prosperity. Any questions.
Horow/ Thank you for the work that you have done on this.Jean
Bartley/Mr. Mayor and council members, my name is Jean Bartley
and I am here representing Towncrest Mobile Horne Court and
Sales who, as you know, is the owner of the property that is
sought to be rezoned. My law office has a long history with
Towncrest Mobile Horne Court. Many years ago my husband
represented Fred Camp when he was managing the mobile home
court. At that time the city of Iowa city required licenses
for their mobile home court. Each year when the licensing
time carne along my husband and Mr. Camp did battle with the
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#4c page 12
city in order to obtain a new license. Many times it resorted
in court hearings but none the less the mobile home court kept
in business. Now it would appear teat if the wishes of the
P/Z commission were followed that my client is being told that
you must stay in business to provide affordable housing. I
hope the irony of that does not escape you. This is a family
business and has been a family business in the Iowa City area
for almost 40 years. As I mentioned, it was formally operated
by Fred Camp and before his death he sold the business to his
sons Jack and Mike and Dan and his daughter Patricia. Mike
has been very actively engaged as a resident manager and Jack
is the president of the corporation. Jack and Mike are here
this evening, too, and I am sure that they would be available
to answer any questions that you might have after this
discussion. The mobile home court has become a tradition in
Iowa city. Through the years hundreds and probably thousands
of people have lived there. Their tenants have included
students and more permanent residents as well. Like all
traditions this one has perhaps become an anachronism and it
is time to inspect and investigate as to whether 0 or not it
should continue and if in fact it can continue. We are
talking here about the issue of affordable housing and the
assumption that it will continue to be available at the mobile
home court as it has been in the past. The decision for the
Camp family to sell this business was a very difficult one
from the standpoint of the history they have had with it and
from the standpoint of the Obligation that they feel toward
the tenant. I was involved in all of the negotiations with
Eagle store and I know that it was a great concern to the
Camps that the tenants be protected to the extent that it was
possible. They negotiated for and obtained a provision I the
contract that would require a six month notice of the
termination of the tenancy. Where as under the statute of the
state of Iowa they are required to give only a two month
notice. That was only one of their concerns. They expressed
concerns about the ability of many of the people to move their
mobile homes and to relocate and the cost of it. So they are
not unmindful of this plight and they understand the questions
that some of you are asking about the ability of some of these
people to replace. But the reality of it is t.hat the really
driving and compelling reason for the decision to sell the
property is the fact that my clients can no longer continue to
operate this business at a profit and at the same time t
provide affordable housing. As an example I will call to your
attention that just the cost of water and sewer exceeds one
third of the gross rentals each month. If we are to pass this
on to the tenants, to pass this increased cost on to tenants,
then of course the amount of the rent is going to go up then.
It is less possible that the rent is going to be affordable to
the tenants. My clients have already given notice to the
tenants of a rent increase to take place in January of 1994
and I assure you that this has nothing to do in the way of
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#4c page 13
retaliation. It is not a vindictive action it is simply
economic reality. They cannot continue. AS cost increase
they will have to continue to increase their rent as well. So
the question occurs to us is that yes they are providing
affordable housing now but how long can they provide
affordable housing. If they are denied their right to sell
their property to be able to carry through on this contract
then it may very well be that you are saying to them that we
expect you to subsidize these tenants. If the city is
unwilling or unable to provide any substitute housing for them
then I ask you not to look to my client to also to provide for
that. They are not in the position of being able to provide
a subsidize housing. At the time when the first comprehensive
zoning plan was adopted and the current zoning for this area
was enacted, it was done so I am told because that is the way
the property is being used. It was not because that was the
best use for the property at that time. Not does it follow
that this is the best use of the property at this time. Just
our position is that to expect Towncrest Mobile Home to
continue to operate a mobile home court in that location is
unrealistic. They are being deprived of property rights if
they are unable to sell the property for any purpose other
than a mobile home court and to interest anyone else in
purchasing a mobile home court in the condition that you know
that this one is in and with the economic conditions of
operating a mobile home court it is also unrealistic. We have
to emphasize the fact that we are not a non profit
organization. They need to operate at a profit if they are
to operate at all. In the audience tonight as I said are Jack
Camp and Mike Camp and I am sure they would be glad to answer
any questions you might put to them as I would certainly try
to do. Thank you.
Throg/ May I ask you a question. Does your client have the right
to sell the property at the present time without the area
being rezoned.
Bartley/ They would have the right to sell the property at the
present time subject to the current zoning.
Throg/ So in no way is your clients property right being violated.
Bartley/ I guess our position is that we don't think that there is
a market for the property at it's present zoning. That there
is no one else who would be willing or able to go in and take
over the property in the condition that it is now for the
purpose that it must be operated now. That the area of the
property is too small logically to modernize a mobile home
court. To put in a mobile home court whether it be modular
homes and so on. That it would be unpractical, impractical
and unrealistic for any perspective purchaser to do that. So
what I am saying is that in effect, they are being denied the
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#4c page 14
property right.
pigott/ If the property were not rezoned what would your client do.
Would they continue to maintain the property as a mobile home
court. Have they thought about what they would do.
Bartley/ I am sure that they have thought about it. Yes, I am
certain. And the immediate plans, of course, would be to
continue to operate as a mobile home court. We are making no
threat at all that it is going to be closed down. That is
certainly not our intention. But the point that I want to
make to you is that the rent that will have to be charged to
the tenants is going to have to be increased.
Courtney/ There was a study done that was published in the
newspaper and I am curious as to whether those figures were
relatively accurate or not as to the levels of rents that all
of the parks in town and it occurred to me as I read that that
with the increase that is proposed for January 1 that this
particular one would be tied for first in town at the level
that they are charging. I am a little bit at large at how the
rest of them operate at a break even or profit at those levels
and this one can't.
Bartley/ One of the factors that I might mention to you is that in
many of these mobile home courts the cost of water and sewer
is not being paid by the owners but the unit each have their
own meters and so that they are paying their own water and
sewer and they are being metered separately. And I think that
probably Mike Camp can maybe speak to this even better than I
can.
Courtney/ I don't want to break down the whole balance sheet or
anything. I just want generalities-
Bartley/ The cost of water and sewer is becoming a real burden to
them and because they don't have the technical ability to
meter all of their own units out there they are, my clients,
are paying it and at this point it is going to be necessary to
pass it on. And think that is what the increased rent
reflects as much as anything.
Pigott/ How much is that increased rent. Is it $25.
Bartley/ $25
pigott/ And that reflects the sewer charges. Is that what you are
saying. That extra $25 reflects the sewer charges.
Courtney/ Could you come up and answer in the mic please.
Hike Campi There are other fixed expenses connected with this
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#4c page 15
business as there are in any small businesses. There has been
an increase in the trash collection. One thing is we pay water
and sewer irregardless of whether the tenant pays or not. We
pay for our own street lights. We maintain our own streets.
These are all fixed expenses.
pigott/ The city doesn't maintain that road that travels back
there.
Campi No. We clear the snow and maintain it. Incidentally, my
name is Mike Camp, I am one of the four owners of the
Towncrest Mobile Home Court. I would like you to know that I
have been involved with Towncrest as a tenant beginning in
1954. I resided at the Dennis Trailer Park at that time as a
student here at the University. A short time later I became
involved in maintenance. When my father became ill he asked me
to come down and help out which I did do. And I ended up
staying. I have been involved with Towncrest for
approximately 30 years. I have lived on the site most of
those 30 years. I live in a 1969 mobile home myself now. So
I know a little bit about mobile homes. I sold new mobile
homes, I delivered new mobile homes, I set up and installed
mobile homes and I services those mobile homes over the years.
I am the guy that you call if the dog is barking and keeping
you awake. If your neighbor is parking in your parking space.
If you can't get your furnace service. I am the guy you call.
If I can't do it I get somebody who can do it for you. Our
position is that we have been in business here now thirty some
years furnishing affordable housing. Any money that has come
in from this we have put back into the court and maintained
and we feel like this is an opportunity for us. This will be
a missed opportunity if you don't allow the zoning change to
go through. I would like to say as far as the relocation of
the tenant we have compassion for that problem and one of the
first things I instructed Jean when this all came up was to
find out what our obligations were and what we could do and
that has been the forefront of this from the beginning. Let
me say to you that many of these mobile homes are structurally
sound. There is nothing wrong with them. They are perfectly
acceptable in anyone of the number of courts here in town.
Many of these tenants I would highly recommend. Prompt
payers, keeps their yards tidy, they are individuals who
wouldn't think of applying for welfare. I don't believe that
this has been looked into far enough as far as relocating the
tenants. I don't see how you can make a blanket thing and say
we are going to subsidized everybody in that mobile home park.
There is one thing that you should remember, the key word here
is mobile. Mobile homes come with wheels and a hitch and when
you buy into that you know that that can be moved. The people
that we have dealt with over the years have been students who
wanted a place to live for two or three of four years or the
time that it took them to get through school. Newly weds or
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#4c page 16
people who are just starting out in the work market. This was
an option that was affordable and available to them. Where
they could build a little equity. I wish I could tell you
over the years the number of people who have come back and
thanked me and thanked my father. They told me if they didn't
have this mobile home they wouldn't have been able to make a
down payment on a home. When they lost their job or when
their parents became ill you helped us through the rough times
and we appreciated that. People stop, come back for a
football game and they come in a tell us that. We just had to
come back and see the old place. One thing that was brought
up here tonight was fatal fires. I was on the premises when
these fires occurred. There is an insinuation that there is
something that we did do or that we didn't so. In some way we
were responsible. This is absolutely not true and I think it
is unfair to make statements like this. When someone succumbs
to dropping a cigarette in the sofa and is overcome by the
smoke you can't blame that on the Towncrest Mobile Home Court.
You can't blame it on the Towncrest Mobile Home Court when
they wrap fuses in foil paper. One of the individuals was
clear of the home and went back in to get a cat. These are
the facts and these are the things that you don't hear about.
I resent the fact that there is an insinuation that for some
reason Towncrest Mobile Home Court played a role in these
fatal fires. I think I know a little bit about affordable
housin~ and about mobile homes and I am open to questions. I
believe that you need to look into further about relation of
these people. Some of the tenants have come to me and said
that the only reason that they can't move is because they have
pets and they need to have that pet. Many mobile home parks
will not accept pets. You can't deny this zoning change to go
through on the basis of the fact the people can't relocate
because they can't have a place to keep a pet.
Pigott/ Wouldn't you say though that it is probably more the fact
that the age of the mobile homes has something to do with the
fact that they-
CampI There are some mobile homes, there are some trailers.
Towncrest Mobile Home Park, let's get this straight. There
are three mobile homes. One is a trailer. This is basically
an eight wide. These homes were towed with pick up trucks and
automobiles. Mobile homes are larger mobile homes from ten
wides through your fourteen wides. Manufactured houses are
sixteen wide and up. Any size you want to get you can get.
These are more permanent structures. We have trailers and we
have mobile homes. There are some homes, true, that nobody is
going to accept. That has to be this way or else you end up
with an obsolete housing development. If we were to stay in
this business we have to cater to the manufactured housing.
In doing so our expenses for those capital improvements will
eliminate probably 85% of the people we now have living in our
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#4c page 17
park. It is a bare fact.
Nov/ Mr. Camp, based on your experience with mobile homes let us
pretend that we rezone this particular area ad it becomes
commercial and we choose to rezone another area to accommodate
mobile homes, where should that be. What would be a good
place for a mobile home location.
Campi As long as it is not next door to me. That is what we have
been hearing for the last ever since I have been in the
business. But all you need to do is look completely around
the city, we are surrounded by mobile homes and manufactured
housing. There is a big demand for those. They can't build
spaces fast enough to accommodate these homes. In the future
and not very far away these places that have you surrounded
now are going to be inside your city. Are we going to have
the same situation then that we are facing now.
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NoV/ If you are suggesting that we do this outside the city limits
that is beyond our capabilities. Is there someplace within
the city limits.
Campi Allover the state of Iowa many cities and towns are now
allowing manufactured housing to be placed on residential lots
in the city. It is happening allover the country. I think
all you need to do is look and see.
Horow/ Of the homes that you have moved and the homes that are now
in your mobile park, are there some there that cannot be moved
at all.
Campi In the last two months we have moved probably half a dozen of
those out of the court. They can all be moved. They are all
on wheels and all on frames. What I am saying is most good
park managers will not allow a trailer or an eight wide in the
park for a couple of reasons. One, they cannot be heated
economically. The utilities on it make it impossible to live
in them. And people that are living in them are the least
able to afford that type. So it is a losing thing. Right
now in my park I have two homes without electricity or gas.
I have terminated those tenancies because I told them I would
not go past September 1 unless my water lines were protected
as required in our rules and regulations. To this date they
don't have electricity so the tenancies are terminated. I
don't have any choice.
Horow/ But are they still living there.
Campi No, they have moved out of the park.
Horow/ So all of the homes that are there that are still there are
capable of being moved out in your estimation. It is just a
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#4c page 18
matter that there are no places for them to be moved to.
Campi This I don't know. I am telling you that it is possible that
the majority of these homes could be relocated. Now, if they
have a pet and the park doesn't allow pets, if they have five
cars and the park only allows two cars or if they have no
visible way of paying their rent I don't care who they are
they are not going to be relocated. Many of the people in my
park I would personally recommend to another park manager. To
be honest with you there are a few that I wouldn't.
Throg/ It sounds from what you are saying that it might at least
conceivably be possible to identify a maximum amount of
relocation assistance that would be required if all households
had to be moved and help with relocation. But the actual
amount that would have to be spent might be considerable less
because of the facts that you just described.
Campi I think we have had a few already relocate and they haven't
experienced any problems in finding a place. They are
probably a half a dozen or more 14 wide, 80 feet long, 70 feet
long that are wonderful homes. They have two baths in them.
I just, you know, what I am looking at, I look at people now
who have paid all of their lives to buy a conventional type
house thinking hat when we are out of the work force, if we
retire, if we can't work, at least we are going to have a roof
over our heads. How many people have you talked to that carne
back and said my property taxes are now greater than the house
payments whatever it was when I started buying this. Their
utilities have increased ten fold. They can't afford to live
in these houses. We have people living in the park who lived
in a horne, their children are gone or they lost their spouse,
they are living on a limited income or social security. These
are people that need help. There is no question about that.
But it is no different from a conventional type house. When
the taxes, when the insurance, the utilities cost more than
you have available to pay, whose responsibility is it to care
of those people. We have done our best to provide affordable
housing. Our relationship with the city has been less than
cordial. And I wish we have the money that we spent on legal
fees just communicating over the years. And I think that
counts for something. We have an opportunity here and we
probably won't get another opportunity like this. This is our
payoff for over 30 years of dedication to a business. I am
talking about being on call 24 hours a day, seven days a week,
making yourself available. That is where we are corning from.
Courtney/ Thank you.
Campi Any other questions.
Courtney/ Anyone else like to comment on this item.
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#4c page 19
Ann Bovbjerg/ Good evening. I am on the Iowa city P/Z Commission.
I wanted to give you a small summary of what our thinking was
as we went through the process especially for the public
record. You have all of our minutes and our reams of material
and as you can tell the rezoning was neither simple or easy.
This project has been worked on for a while. The reports that
you see are a tribute to the legal staff and the planning
staff and to our note takes Nancy Schrieber. And the public
meetings, as you can tell with the applicant and also with the
neighbors has been very cooperative and very fruitful working
sessions. When P/Z considers rezoning land from one use to
another there are several basic questions we try to look at
and we did in this project also. Looking at the proposed use,
is this a reasonable use of the land. Do we need more land
zoned this way. Do we have enough zoned this way. Should we
rezone it or do we have to. On the other hand is the current
use a better use for this land. Do we have enough land zoned
this way or should we keep it the way it is because we don't
have enough land or is it okay if we unzone it because as a
matter of fact we have got enough and losing this parcel will
have no big problem. Also as a city commission we always have
to ask what is in the city's best interest. There are market
forces, there are fads, there are personal desires but all of
that aside, what is in the best interest of the city. We try
to keep the whole city now and in the future in our mind and
best applications to P/Z have sometimes been approved and
sometimes been disapproved on these measures. Looking at this
rezoning request obviously a commercial use would fit right
into where it is. It is commercial all around. It is a very
busy corridor. It is a good project as the developer's
attorney has said. As the mobile home court owner has said,
there are market decisions that they face and they all sound
very reasonable. But the second question asking was the
critical one for us. Is there enough land zoned for factory
built housing in Iowa City right now. Could the current
residents move to a similar zone in the city. Would un zoning
this RFBH deplete the city stock of this kind of housing for
which there is a market in the city. our conclusion was that
rezoning this RFBH out of existence would deplete the small
amount of this kind of housing, this kind of zone in Iowa
city. This would be a change in land use that we thought
would not be in the best interest of Iowa city at this point.
If we approved the rezoning and unzone the RFBH we would be
depleting the stock at the very time that the city is trying
to look at ways to increase the stock of low and moderate
income housing as you all know because you are all tied up
into it. What part did the people in the mobile home court
play. They put a human face on the rezoning question. They
told us the personal depth and the seriousness of what would
happen if we were to rezone this. They did not make us vote
against it. It was not an emotional denial of the rezoning
but they did show us the personal side of it. The decision
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#4c
page 20
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that we made was a land use issue. Land use involves people
because people use land. So, of course, the rezoning or non-
rezoning is going to involve people. Our final motion is
about that long and has eight long conditions on it that we
put on it. Things that we thought the developer and the city
could do to meet the problems of traffic and to meet the
problems of relocating or making space available to the mobile
home court people. We put those all on there because they
were genuine conditions that we thought could solve some of
the problems. The developer worked on those with staff and we
hashed them all out in our meetings. They were honest. They
were sincere. That was our thinking. But even so we voted it
down because we can only look at land use issues. There was
no way the P/Z could say the city should use this money, the
city should move up the traffic on the CIP list. Only the
county can negotiate with developers. only the city council,
excuse me, can negotiate or declare urban revitalization or
use tax money or ultimately change the zoning. So that was
the background of why we denied the rezoning. So now it is
all of yours.
Courtney/ Thanks.
Bovbjerg/ Any questions
Pigott/ Could I ask a question. Would have the Eagles meeting the
desired housing and traffic numbers have switched your idea of
it being a land use-you never got past land use is what I seem
to hear regardless of whether they had met and had said forget
$25,000 we will provide $97,000. That it was still a land use
issue for you folks and that was something you couldn't get
past to consider.
Bovbjerg/ I am only one out of seven people but to me it would
still come back to the fact that I would not be able to
guarantee or promise any action or any funding from the part
of the city. That is something that would have to happen here
and with council members. Thank you.
Tom Scotti I am chair person of the Iowa city P/Z commission. As
Ann just told you and I think Bruno reiterated based upon her
comments that this truly a rezon ing question or a land
use question and the commission in their decision was not
engaging in social engineering as we were accused by the press
CHANGE TAPE TO REEL 93-99 SIDE 1
Tom Scotti that were offered by Eagles for both the relocation
costs and for the intersection costs. I think that Phil made
a mistake in his presentation. He said that they offered
$25,000 for the intersection improvements. The offer was
$45,000 and the $25,000 was for the relocation that he said
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#4c page 21
later in his comments. Eagles basically offered $70,000 for
the costs associated with both the intersection and with the
what they identified or staff identified I should say. Staff
identified with the relocation costs. That offer never
changed from the moneys that Eagles offered. It remained at
$45,000 for the intersection improvements and $25,000 donated
to Life Skills for the assistance in the relocation efforts.
There also was discussion of CDBG funding in the amount
of $30,000 and that figure carne from staff as a figure that
possibly could be utilized from the CDBG funds. With the city
funds, CDBG funding, with th~ $25,000 contribution by Eagles,
that left the figure $42,000 short in reaching the $97,000
that staff had identified as the cost for relocation. The
intersection costs as Phil had indicated Jeff Davidson in his
presentation to the Commission identified an 11. 7% increase in
traffic and the north of Muscatine Avenue. The improvements
to First Avenue north of Muscatine Avenue totaled $560,000 and
the 11% computes to approximately $63,000. Eagles offered a
$45,000 contribution which was 8.04% of an additional increase
in traffic generated. Now I might say that the commission
viewed a 66,000 square foot retail outlet, 55,000 of which was
to be the Eagles grocery Store and about 10,000 and some odd
square foot for additional retail outlet as a significant
impact on the traffic generation at that particular
intersection. Whether you want to agree with Jeff's figures
or with Eagle's figures there is a significant dollar amount
of money that will be spent by the city to handle the traffic
that is generated by the Eagle's development. I tllink it has
been consistent on the part of the commission that if in fact
development causes the increase in cost to infrastructure that
the commission in the past has always expected, demanded and
insisted in conditions associated with rezoning that the
developer pays for those additional costs. We did nothing
different here than we have done in the past. We requested a
minimum of $65,000 for intersection improvements and the
motion contained language after tax abatement was a discussion
that entered. The motion that finally appeared on the floor
for an up or down vote indicated $117,000 for the intersection
improvements which was close to the $126,000 based on the
improvements to the intersection corridor. But how you got to
that particular money was not a contribution by Eagle's Food
Store. It was a contribution via tax abatement. And they
offered to utilize the present value of approximately $110,000
in tax abatement which I think is the estimated proposed
savings over a three year tax abatement program. Wrote it
down to the present value and gave them an additional $42,000
for the relocation efforts which raised their "contribution"
to $67,000 and the $30,000 of CDBG funding from the city
raised it to the $97,000 identified by staff for the cost of
relocation. The remaining portion of the $110,00 in tax
abatement they allocated to the intersection which totaled
$68,000. Don't do the math because you will find that there
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#4c page 22
is a $4,000. There was a $2,000 error committed by Eagles and
the chair complicated it further by also adding in another
$2,000 error. So you get $117,000 while in actuality it
happens to be $113,000. I would not and I would like to
address some comments that the owners of the mobile home court
raised tonight. I spoke to one of the owners after one of the
commission meetings and he indicated to me that with the
sewer, water and electrical improvements that he would be
required to do that it would raise the rents higher than what
most of the present tenants could continue to afford to pay.
I said I fully recognize that. The issue was not whether or
not people could or could not afford to pay the rent at
Towncrest Mobile Horne Court under it's present conditions or
under conditions of code improvements or at least sewer,
water, electrical improvements that were identified. I will
tell you that I am not an attorney but I have served 12 years
on the P/Z Commission and from my understanding of a denial of
a rezoning is not a qualification for a taking under Iowa law.
I would like to also address a comment that Phil made that
indicates that if in fact the developer is required to pay for
the relocation of people who are displaced by potential
commercial development that in spite of their offer to meet
the city's need that if this attitude prevails it will cause
businesses to flea or run from Iowa city. That may not be a
direct quote of yours Phil and I apologize if it isn't. But
I would say that in no circumstances in all of the discussion
of the minutes of both October 27 and November 4 on the formal
record or any of the informal record minutes has the
commission indicated that the question is that specific
tenants in Towncrest Mobile Horne Court do not have a place to
go as the reason for the denial for the rezoning. It is a
difference but it is a semantically difference but it is an
important difference. The commission talked about the denial
of the rezoning based upon the more affordability of RFBH
zoning. Whether it was Towncrest Mobile Horne Court or any of
the other mobile home courts in Iowa city you would be hard
pressed to argue that RFBH zoning does not provide an
alternative option to housing and that option is usually less
expensive than any of the other zones that we have in Iowa
city including some of the higher multi density zones. The
question was that if in fact you ask from a land use issue
what is the overriding public good or the pubic need to rezone
RFBH zone present tract to CC-2. You have to corne up with the
answer that there is an overriding public need or an
overriding public good to justify the rezoning on a land use
issue. I have continually in my ten years as chair of the
commission stressed the need to look at the land use issue
first. The reason for that is it removes much of the
emotionalism that is associated with the rezoning questions.
Many times neighbors corne in and are extremely emotional
concerning a potential rezoning. If the commission looks at
the land use question and answers it first you many times
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#4c page 23
eliminate the emotionalism associated with that question. If
the answer is to rezone then yes you have to answer the
emotional questions that are associated with it and the
financial questions that are associated with it and I would
say that the commission in their application and vote looked
at the land use issue. I would certainly not deny that there
were other issues that mayor may not have influenced
individual commissioners or influenced the chair. with that I
say thank you.
Jeff Martin/I will be very brief. I represent don't represent
anybody except myself and I don't have a direct interest in
this project. I only have been observing it from some
distance. My name is Jeff Martin. I live at 1309 Chamberlain
Drive. At first blush this proposal seemed real attractive to
me. Living in the Village Green area it would be nice to have
a grocery store that is closer to us than what we have now.
The idea of a nice new grocery store development on that
property compared to the relatively old mobile home park that
is situated there now seemed quite appealing as well. But on
second look it strikes me that the cost of this is really too
high. And the cost it seems to me, it seems to me that Eagle
is asking that the cost of this be born by the people who live
there now and by the city of Iowa city and its taxpayers. It's
clear to me that Iowa city has a housing affordability
problem in general terms. This proposal however precipitates
a crisis. It precipitates a crisis for people who live there
and for the city to respond to it. Eagles responds to the fact
that they're precipitating the crisis it strikes me is to say
we'll throw in a few bucks and then the rest of the problem is
all yours. That seems to me to be a totally inadequate
response and to someone who lives nearby, I'd have to say that
having that kind of a neighbor move into the neighborhood is
not particularly attractive to me. A couple of comments on
comments that were made earlier, and there was a response to
this before, the attorney for eagles said that if you vote
this down, you're sending signals that you're anti-
development. I think that that is an absolutely preposterous
assertion. It strikes me that you're dealing with this
particular proposal. The question also of the fact that the
people who are living there now probably face a rent increase
if they continue to live there, that's true. I'm sure it's
going to make the situation for them more difficult. But
there's a question of relativity it seem to me. A $25 or $30
or even $50 increase in your rent is considerably different
than being stripped of the assets you own and having no place
to go and facing possibly a much larger increase in rent in
some othar place. Thank you.
Pigott/ Thank you.
Tom Walkeri store Manager, Econofoods. I'm here representing Nash
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#4c page 24
Finch Company. The main concern of our company, a company that
has had an establishment in this community for nearly seven
years, is the financial aspect. Mr. Martin and Mr. Scott
pointed out the financial burden that the city is going to be
faced with this proposal. I don't mean to cry in our own bowl
of soup but when Econofoods was built seven years ago, the
city afforded us no tax abatement, no financial incentives to
build our establishment. An establishment that we feel very
confident is one of the finest ones in the city, we are in the
process right now of getting started on a remodel which would
entail a cost to the city of zero dollars. This remodel would
include the expansion of our store by nearly 20,000 square ft.
Again, I want to stress the fact that we're not here asking
for any tax abatement. We are an employer of close to 200
employees. The grocery industry typically operates on a very
low profit margin. I understand Eagles' concern in this market
in having to do something drastic such as build a new
establishment, a large establishment, 55-65,000 square feet.
it was brought up earlier some concerns over the Eagles store
on North Dodge. Feeling pretty confident in my knowledge in
this market in the grocery industry, I would also encourage
you to take a look at the Eagles in the Wardway Plaza also.
Which is one that I guess our company feels that with rumors
that cub food is going to building they'll be closing in a
very short time frame. Again, I'm just going to keep it very
short. I urge the council to look at the financial burden that
this is going to bring to the city. Look at if present
employers and I guess I'm going to speak up on behalf of some
of the other grocery stores here in town, a store this size
obviously is going to have an impact on our business. I cannot
tell you how much of an impact, but it really has to make us
sit back and take a look at is it going to be profitable for
us to remain in this market if this additional retail outlet
is established. Any questions?
Novl Just for the sake of comparison, how large is Econofoods?
Walkeri Our store is currently is 45,000 square feet with the
additional retail space, we're looking at approximately 65,000
square feet.
Novl It would be quite close in size to what we're talking about
here.
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Walkeri The store would be approximately 10,000 square ft. larger
than the proposed Eagles store. It would be very similar to
the Eagles store plus the additional retail space that they're
proposing.
Throgl What's your sense of how adequately the eastside of Iowa
City is served currently by grocery stores.
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#4c page 25
Walkeri I just completed a survey of our customer base and our
customer base in the Iowa City area, and again it is a very
small sample, the eastside and more specifically the southeast
side the small survey we represented about 54% of the market
share. Again this is done randomly over a four day period.
With the additional retail space we are again hoping to
establish more of that market share and I feel very confident
in our ability to maintain our facility as one of the finest
in Iowa city. Again at no cost to the city.
Courtney/ Thank you. Just so this doesn't get totally jumbled in
any press reports or anything there have been no official tax
abatements offered by the council that I know of and this was
an asking not something that has already been granted.
Caroline Dieterle/ I am another innocent bystander who didn't Come
down here intending to talk on this topic. I live in Iowa
City. But when tax abatement first was brought into Iowa City
as a principle to be operating on the whole PR on it was that
it was to encourage new businesses to put structures here and
locate here and supposedly increase the tax base of the city.
And at the time because I was a little suspicious of this I
checked with the geography professors who are experts in
locational studies and they said that the whole idea of tax
abatement ranked very very low in general, you know, list of
features that businesses look for when they are trying to find
another place to locate. That that was a very much less
important thing than how many people were available in the
labor market and, you now, what the utilities were like and
what the transportation system for the gocds and services were
and so forth. So, after we had tax abatement for two or three
years I got a hold of a list from the city of which businesses
locally had received tax abatements and I checked them out
with the annual thing that the Press Citizen prints of the
historic thing that they put in every year that tells how long
different businesses have been in operation here. And I found
that the tax abatement for that period had gone overwhelmingly
to existing businesses. They were not new people that came
in. And I formed the opinion that tax abatement in Iowa City
was the biggest local pork barrel we have. I don't know what
the rationale is as for who has these things offered to them
or why they are granted but I would urge the council to look
into this and not grant any more tax abatements to anyone
without first checking out the whole program and doing a
follow-up of the type of SUrvey that I did because I think
that as property owners, homeowners have to pay increased
taxes. There is going to be more and more resentment when the
knowledge of this kind of thing gets out because people are
beginning to ask questions about it already. I mean I often
heard people now question tax abatement when before I was the
only person. So, please see whether you shouldn't change that
policy and certainly don't offer it to Eagle.
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#4c page 26
Courtney/ I would also point out that the tax abatements are done
for many different reasons. Our most recent one was for an
elderly housing project for the conversion of the Press
citizen building. That helped that project come together and
probably wouldn't have happened without it. Any other
comments on this item.
Dennis Sloan/ I am a homeowner at Towncrest Mobile Home Court. I
would just like to express a real fear that if this mobile
home court is rezoned to allow an Eagle's store to be there I
think there are going to be a lot of mobile homes that will
not find a place to move to. There is a possibility to move
them someplace but most of the parks won't take them. I don't
think there is enough lots available. The owners of the park
want them-they can get people that want to buy new homes.
They don't need to take these old ones to rent their lots.
Just a real fear of tenants there that are not going to have
a place to move their mobile home too. My home I feel is
livable at this point. It will be livable for several years
at least to come. It has been maintained. It is just what I
like to express to you people.
Courtney/ Thank you. Any other discussion on this item.
Close the p.h.
Karr/ Mr. Mayor, the conditional zoning agreement hasn't been
signed,
Courtney/Let's have a motion for continuance.
Moved and seconded (Horow/Pigott) to continue the p.h. to the
January 4, 1994 meeting. Geez John we are going to miss that
one. Any discussion.
All in favor. (ayes)
Motion passes.
Karr/ Mr. Mayor, can I have a motion to accept correspondence into
the p.h.
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Courtney/ It has been moved and seconded (Horow/Nov) to accept the
additional correspondence on this item. Discussion.
All in favor (ayes)
Motion passes.
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Agenda
lowe City City Council
Regular Council Meeting
November 23, 1993
Page 5 ,
'i3 - 55'!/" f, Consider an ordinance amending the Zoning Ordinance by conditionally
changing the usa regulations of an approximate 1.2 acre tract of land
located at 605 and 617 Kirkwood Avanua from CC-2, Community
Commercial, and RS-5, Low Density Single.Family Residential, to CO-l,
Commercial Offica (Pass and adopt) (REZ93.0009) ~
Comment: At its September 16, 1993, meeting, by a vote of 5.0, the
Planning and Zoning Commission racommended approval of an
amendment to the Zoning Ordinance by changing the use regulations for
property located at 605 and 617 Kirkwood Avenue from CC-2 and RS-5
to CO-l, subject to: 1) the existing curb cut at 617 Kirkwood Avenue
being closed at the applicant's expense; and 2) an access easement
being established across 605 Kirkwood Avanue to provida access to ~ :
617 Kirkwood Avenue. The Commission's recommendation is inconsis-
tent with the staff recommendation Included in a staff report dated July ,
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15, 1993, and a memorandum dated September 2, 1993. Comments III
were received at the Council's Octobar 12, 1993, hearing on this item, Ii
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Consider an ordinanca amending the Zoning Ordinance by changin I
'13.35'1'7 g. e "
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use regulations of a 0.139 acre parcel located immediately south of i;'
Block 3 Braverman Center and west of Keokuk Street from'ID-RM, ! ~
Interim Development Multi-Family Residential, to RM.12, Low Density 'i-
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Multi-Family Residential. (Pass and adopt) (REZ93,OOll)
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Comment: At its September 16, 1993, meeting, by a vote of 5-0, the ,
I
Planning and Zoning Commission recommendad approval of an I
amendment to the Zoning Ordinance by changing the use regulations for I
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a 0.139 acre parcel, located west of Keokuk Street, from ID-RM to RM- I
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12. The Commission's recommendation is consistent with the staff '1
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recommendation included in the staff report dated September 16, 1993.. I
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No comments were received at the Council's October 12, 1993, hearing I
on this item. I
Action: I
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'13-JD4- h. Consider a resolution approving the preliminary plat of Mount Pro ect r- !
--- Addition, Part VII, a 31-lot, 8,72 acre subdivision located east of i
Sycamore Street and south of Lakeside Drive. (SUB93.0020) I
Comment: At its November 4, 1993, meeting, by a vote of 5-0-1
(Jakobsen abstaining), the Planning and Zoning Commission recom-
mended approval of the preliminary plat of Mt. Prospect Addition, Part
VII. The Commission's recommendation is consistent with the staff
recommendation contained in the staff report dated November 4, 1993.
Action: ~)'rII.cf:L
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#4h page 1
Courtney/(#4h} Moved by Horow, seconded by McD. Discussion.
Horow/ Last night we had a discussion as to whether or not-actually
Karen asked whether there had been an evaluation on the
success of the basements, the sump pumps in the basements in
Whispering Meadows. And interestingly enough I had talked to
the developer a couple days prior to that that they didn't
have nay problems. We did ask staff whether or not we could
get any feedback on that. Do we have any information on that.
We were challenged to go and knock on doors but we didn't-
Franklin/ We didn't knock on doors today but we did ask our
inspections department and engineering department and none of
them have received complaints about the basements not
functioning.
Horow/ I think we need a couple more years on this but J don't have
any problem with this but the question was raised and I
appreciate your following up on it.
Franklin/ We can do further research before the final plat comes
through. There just wasn't an opportunity to contact all the
property owners today.
Pigott/ Let's do that.
Courtney/ I am still at a loss with this fixation of trying to
determine how well sump pumps work and don't work. They have
been working for 30 years in this town and why wouldn't they
work in this area if they do in every other area. If the sump
pump quits you get wet.
Horow/ Seems to me, this is just my simplistic way of looking at
it, if you have built in an area that is moist and soggy your
sump pump is going to pump the water out and it is going to
keep coming back in.
Courtney/ That is true. Happens in my house, too.
Horow/ At some point sump points bust down and then you have
problems.
courtney/ That is true.
Horow/ In this case it hasn't happened yet.
Courtney/ Why are we wasting staff's time to go out and determine
if the sump pump quits it is going to get wet.
Horow/ Concern about the future residents being-
Courtney/What about past residents. You are not coming and asking
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#4h page 2
me if mine works or not. I don't understand it. I really
don't.
Horow/ It is called compassion, Darrell. Compassion for people who
buy houses in wet soggy areas.
Courtney/ The whole damn city was wet and soggy this year, Susan.
Horow/ Right, I know.
Courtney/ And I had over a $300 utility bill because our sump pump
didn't quit for over three months.
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Courtney/ I had to get that in one last time. I don't understand
this fixation.
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Horow/ You get your answer.
Courtney/ Can I apply for FEMA funds for that month.
Horow/ Move to consider the resolution.
Courtney/ I have already got the motion. Any further discussion.
Roll call-
The resolution is adopted.
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Agende
Iowa City City Council
Regular Council Meeting
November 23, 1993
Page G
QS-.3D5
i. Consider a resolution approving the final plat of Village Green South,
Part 3A, a G,29 acre, 1510t residantj~1 subdivision located west of Scott
Boulevard and north of the Iowa Interstate Railway. ISUB93.0015) (GO-
day limitation period waived to November 23, 1993)
Comment: At its September 2, 1993, meeting, the Planning and Zoning
Commission. by a vote of G.O, recommended approval of the final plats
for Villege Green South, Parts 3A, 3B, 4A and 4B, subject to: 1)
submission and approval of the final PDH plan for Village Green South,
Parts 3A. 3B, 4A and 4B; 2)submission and approval by the City
Attorney's Office of legal papers, including the Subdivider's Agreement,
prior to Council consideration; 3) incorporation of the necessary
requirements of the Conditional Zoning Agreement for this tract into the
Subdivider's Agreement. and 4) submission and approval by the City's
Public Works Department of construction plans and design calculations
prior to Council consideration, Staff anticipates that these items will be
resolved prior to the Novembar 23, 1993, City Council meeting. This
recommendation is consistent with the staff recommendation Included
in a report dated September 2. 1993. Each part of the subdivision has
been submitted as a separate plat; thus, each plat must be considered
by seperate resolution.
Action: Ibw / }n.( [:)
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'13-.3010
J.
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Consider a resolution approving the final plat of Village Green orr
Part 3B. a 3.71 acre, 1510t residential subdivision located west of Scott
Boulevard and north of the Iowa Interstate Railway, (SUB93.0015) (GO.
day limitetion period waived to November 23, 1993)
Comment: See item i, above.
Action:
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k. Consider a resolution approving the final plat of Village Gr~or
Part 4A, a 13.38 acre residentiel subdivision containing 20 zero lot line
lots 14.12 acres) and open space with two storm water detention basins
(9.2G acres) located west of Scott Boulevard and north of the lowe
Interstete Reilwey. (SUB93,00151 (GO.day limitation period waived to
November 23, 1993) ,
Comment: See item i. above.
Action:
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#4k page 1
Courtney/(#4k) Moved by Nov, seconded by Horow. Discussion.
Horow/ Yes. Could someone refresh my memory. Last night Karen
raised the issue about prairie plat. I didn't say that right
but there is a plot of prairie wild flowers.
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Horow/ Right. And we determined that part of it was on private
r.o.w. and part of it was on the railroad.
Franklin/ All of it is on the railroad r.o.w.
Horow/ Okay/ And is that being affected-
Franklin/ Well, we have no control over the railroad.
Horow/ Can we ask them to do something about it.
Franklin/ Ask them to do something.
Horow/ Seems to me that we did.
Franklin/ Well, what we did in this particular plat is there is a
little buffer area between the active storm water detention
public-what is going to eventually be public area and the
prairie remnants. So that there wouldn't be mowing that would
encroach upon the prairie remnant. But to my knowledge we
haven't had any communication with the railroad to ask them to
preserve that prairie remnant but I can check on that to see
if we have.
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Courtney/ Don't use up your aSkings for the railroad for this. Get
First Avenue crossing fixed again first. It is a mess again.
Horow/ Oh, come on Darrell. I don't disagree with you that it is
a mess but if you have a prairie remnant lets-
Courtney/ Any other discussion.
Roll call-
The resolution is adopted.
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Agenda
Iowa City City Council
Regular Council Meeting
November 23, 1993
Page 7
I. Consider e resolution approving the linal plat 01 Village Green South,
Part 4B, a 4.41 acre, 24 lot residential subdivision located west 01 Scott
Boulevard and north 01 the Iowa Interstate Railway. (SUB93.0015) (SO-
day limitation pariod waived to November 23, 1993)
Comment: See item I. above.
Action:)ko ,I I( u/
ITEM NO.5. PUBLIC DISCUSSION.
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ITEM NO.6. PUBLIC HEARING ON CONVEYANCE OF A VACATED 10.FOOT WIDE
WALKWAY RIGHT.OF.WAY TO C. VIVIAN STRINGER.
Comment: On October 2S, 1993, the City vacated the 10.loot wide walkway
right-ol'way located adjacent to the southwest lot line 01 Lot 21, Windsor
Heights, Filth Addition, C. Vivian Stringer owns the property on either side
01 the vacated right-ol way and has offered to purchase the right-ol-way lor
$217.00, The City does not need the right-ol-way lor access to either the
adjacent storm water detention facilities or Hickory Hill Park. The City will
retain a 20 loot wide sanitary sewer and utility easement along the North
Seventh Avenue frontage 01 the parcel.
Action:
'<1,,0 IJ-Ju.... Q>#j.>f)~,,_~
ITEM NO.7.
93,30~
CONSIDER A RESOLUTION AUTHORIZING CONVEYANCE OF A VACATED
10-FOOT WIDE WALKWAY RIGHT.OF.WAY TO C. VIVIAN STRINGER.
Comment: See item above.
Action:
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#5 page 1
Courtney/(#5) Public Discussion
Larry Quigley/ Hi. I am here to address the last council meetings
reference to a memo. First I would like to start by saying
thanks to all of the council members who have been working in
this issue and I hope you continue to work on it. I see Karen
is gone tonight but I wanted to thank her especially. I think
she has been working on this very hard. In the memo there is
a reference to Title 2 and Regulatory section of the ADA.
Find my notes. It has been a long wait. Title 3 Removal of
Barriers regulation referenced to. Specifically it was
mentioned in the memo of Section 36-304C, paragraph 1 is not
talked about but in that paragraph there is a reference of
priorities and that reference to priorities is that in
accessibility situation there can be a priority as to, and I
will read it: section 36-304C, paragraph 1, places the highest
priorities on measures that will enable individuals with
disabilities to physically enter a place of public
accommodation. This priority on getting through the door,
"Getting through the door" recognizes that providing actual
physical access to a facility from public sidewalks, public
transportation , and parking is generally preferable to any
alternative arrangements in terms of both business, efficiency
and the dignity individuals with disabilities. I know that
there was a discussion as to whether or not the city has any
power to any sort of enforcement. And what I would like to
suggest is that even though in Ron Boose's memo he stated, and
he is not here I don't think, that he couldn't define the term
reasonable achievable as a standard and that the city really
has no real means of defining that because it has to be
defined on an individual basis at the federal level through
the Justice Department and through cases that are carried out
and decisions made. But what I would like to say is I think
that this could be interpreted by the city in the area of
priorities just to say if it is readily achievable let's try
to enforce that priority by talking to the businesses and
saying can you do this, are you willing to do this and is it
readily achievable and allow them to make that determination
as to whether it is readily achievable. Urn, currently if
there is nothing said to the businesses about this regUlation
then nothing gets done and with my experience with the
business people that I have talked to there is not real
knowledge of what this legislation is about. Unfortunately
with a lot of the coverage of this situation, the ADA and the
businesses and the transit situation, there seems to be a sort
of an adversarial kind of atmosphere taking place with the
businesses and I would like to get away from that idea of we
vs. they and try to communicate what our needs are as opposed
to what the law is and I would like the city council to take
a stand on this issue and try to adopt the regulatory language
of the ADA and not worry about enforcing it but adopt it at
the city level so that the stand is taken and businesses know
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#5 page 2
that Iowa city is in support of this. I have gone to-will be
the president of the D.T. Association and his name is John
Murphy I believe and he is very willing to work in any way to
try to provide incentives for businesses through the D.T.
Association and maybe like awards, plaques, something would be
incentive of businesses to be accessible or to just be
recognized as being accessible because there are businesses
currently d.t. that are accessible and those businesses
unfortunately do not get any press, don't get any recognition
for accessibility. I would like to see getting through the
door, "Getting Through The Door", given priority as it is in
some businesses d.t. even though their bathrooms may be on a
lower level and have a flight of stairs. That may not be
readily achievable but I believe that readily achievable could
be defined as getting through the door. And if they can get
us in the door don't worry about the other things that are not
readily achievable. It is not an all or none situation. This
needs to be said because businesses may bat risk of doing
nothing currently because they fear that they may be
retaliated against for what they do as opposed to what they
don't do. In the case of a city easement or a ramp along side
a business. I don't think it is understood exactly what I am
talking about. But a ramp can be built up to whatever the
width of the business is and it can be 15 feet at the code of
an inch per foot is fifteen inches of rise. Now in the case
of one step, which is what I am talking about the priority,
one step that may be six inches, it may be ten inches which
means ten feet. There is plenty of room for that. It can be
done. A temporary ramp could be built of the city would allow
it. There are businesses that are willing to do that but they
are not aware of that. I talked to one business owner today.
Reference has been made in the past to the Masala Restaurant,
and the reference is usually made the old Kitchen. And I
talked to Brad Paulson who is the owner and he was unaware
that the city would even consider an easement and I believe in
the last council meeting it was brought up that the city would
consider an easement. So he said that he would address the
council on this issue and he also told me that he had someone
working on a design for temporary ramp which brings up the
issue of whether or not the city needs to have some sort of
regulation as to what a ramp looks like, if it is a temporary
ramp, and whether they will allow something to be not
esthetically pleasing.
Horowl May I ask you a question. Have you been to the Chamber of
Commerce at all. If you wouldn't mind, I would like to ask
them about this because we just got through having an awards
breakfast and we certainly give awards for those businesses
that achieve recycling attainments. This seems to me-I
appreciate your recognition of the need to recognize those
businesses that are already doing something about being
readily attainable.
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#5 page 3
Nov/ The D.T. Association really should be the way that they are
recognized.
Quigley/ The D.T. Association unfortunately is not all businesses.
fforow/ D.T. do they have as many awards or many recognitions.
Nov/ No they don't but they need this kind of activity.
Horow/ You are aSking two different issues. One being a
recognition from the city and the other one from us working
with the businesses. Some of us already are but I don't know
what we are doing in terms of the city. Linda, do we have
the ability to put in-
Gentry/ Which question. As to the ramp. I think I have said this
like three times. But I will say it again. There is a
mechanism whereby the city can grant a temporary easement in
public r.o.w. but it has to go through the city council and it
has to be done on a case by case basis so that the Public
Works and Engineering see if it will be a hazard, it will be
dangerous. Esthetics quite aside
CHANGE TAPE REEL TO 93-99 SIDE 2
Gentry/ The Engineering Division.
Quigley/ Part of what I am saying is this message is not being made
to the business people. Whether or not it is the business of
the city council, the city manager, building inspection, some
way that message needs to get out to the businesses.
Gentry/ I think the larger issue and it is something that you
people need to address is who at the city is going to put
forth this brochure and this information. Much of it is a
legal question. Much of it is not a legal question. I think
the HR Commission right now is talking about some idea.
Helling/ The HR Commission discussed this last night.
Unfortunately I was not at the meeting so I cannot report to
you on what the discussion entailed. But they are looking at
this and looking at ways to address it. In addition to that,
the city liaison with the D. T. Association, I may have the
opportunity to work with John Murphy if the D.T. Association
is going to get involved and that is one of the primary ways
that the city communicates with the d.t. merchants is through
their association. Likewise we have representation on the
Chamber of Commerce board and so forth with the mayor and city
manager so I think there are some opportunities there to
communicate with the businesses that aren't members or
represented by the DTA but are still-
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#5 page 4
Horow/ Reading an article in Reflection would be kind of a brief
notice that we are moving in this area through the HR
commission.
Helling/ I would invite Larry to give me a call anytime with ideas
and we can kick those around and there may be a variety of
ways to pursue these things.
Quigley/ I just also wondered whether the council could consider
asking the city attorney to investigate ways in which we can
incorporate parts of the ADA, specificallY regarding
accessibility, in the code, into our building codes and ask
her to look into that to see whether or not we can some how
incorporate some enforcement by including some portions of
that in the code.
Horow/ I was under the impression that we had already gone through
this when we looked at the ADA.
Courtney/ I for you think a much better route as this point is
what we have just finished talking about and working with-I
don't think you are going to run into any businesses that
don't want to do this. And as the information get dispersed
through the DTA and Chamber or whatever that they can come in
and request these variances and easements and so on. I think
you will get much better cooperation if it is done on a
voluntary basis whether than coming down with the hammer of an
ordinance and I would like to see it done that way to start
with.
Quigley/ I guess my point was it could be adopted. The city could
adopt the regulations of ADA without enforcing the readily
achievable part of that legislation, thereby setting
guidelines and approving the federal guidelines as the
guidelines Iowa city would like to incorporate. Then when
that individual determination is made at the court levels
eventually there will be a precedence set and that is why I
bring up the priority section of the bill because to me it is
so reasonable to think about one step being ramped that I
can't understand why it is not being done and there are
reasons why it is not being done. #1 people don't know what
is available to them and #2 I think is fear that they can't do
something without do~pg the wrong thing and so I would just
like to see them.
Courtney/ I am all in agreement with you with getting information
out and letting them know what to do and all of that. I am
just not in total agreement that our first step ought to be to
pass an ordinance. The first step is to get the information
first and see what kind of response we get. I suggest you
will get a very positive response because, as I mentioned
before, we just finished a remodeling and we did everything
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voluntarily without-we went and asked what do we need to do
with this building.
Quigley/ I am talking about remodeling or-
Courtney/ I know that. I think you will get very favorable
responses even with
people that-
Quigley/ The other thing is that there are tax incentives. A lot
of people don't know about that.
Gentry/ The questions that he has asked have not been answered by
my office.
pigott/ I think we should at least investigate the questions.
Horow/ My question is and I guess I agree with Bruno on this in
that when a law such as the ADA comes down from above, how
does it get integrated into our code or doesn't it.
Gentry/ Well, that is one of the questions. Can it be incorporated
or is it preempted and I can't answer that question right off
hand without looking into it further. And the priorities list
that he is talking about I don't have a clue on. I am not
even going to hazard a guess.
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Quigley/ I would like to say to anyone who wants to find these
regulations they are in the library under the 1991 ADA
Handbook and they can be found by anyone who wants to go to
the library and the staff there-
bentry/ We have a copy. I just haven't looked- my office has not
looked at that particular issue.
Quigley/And the other thing is that I would like to encourage
people with disabilities to corne to the council and speak.
Horow/ We appreciate what you have already done
Throg/ Let me respond a little bit Larry. I sense that you think
that the city could do more to make businesses accessible. Is
that the general statement. And that you, I think, suggested
three specific actions. That is what I heard anyhow. So, as
a new council member, what I guess I would love to see from
the staff is maybe a brief memo identifying what we are doing
now with regard to making businesses accessible and then
specifically addressing the points that you raised with regard
to readily achievable and the ramps and giving public praise
to the businesses.
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#5 page 6
Quigley/ The history of this legislation actually goes back the
civil rights legislation of 1964 and the Rehabilitation Act of
1973, section 504, and that-those are the regulations that
went into the ADA. But the language, in order to prevent
unfair burdens put on private businesses the language readily
achievable is put in to make the enforcement on a case by
case. Whereas with state money, federal money, that was never
an issue before and that is why when the council tries to
adopt this legislations there is that big road block there.
Do you have to intarpret readily achievable. I don't believe
you do.
Horow/ We have had a memo about what our role is in this and how
the city is responding. Perhaps this is something that the
new council members should be given. I don't think it answers
all of the questions that Jim has raised but it certainly
would give you a background on what our staff has taken upon.
Throg/ It would be very helpful for me. I guess what I want to
have is some sense of responding to Larry's points. I think
we should respond.
pigott/ That is why I bring up my question about investigating the
possibility of including-
Horow/ I would agree with you. You need four votes.
Nov/ I still think we need to go the route of the HR commission.
Can you get us a report if they are going to do something. I
think having them put out a brochure of any sort, easily
readable handout, is a great idea. I think people like Larry
can help us handout and distribute them.
Helling/ Like I said, they met and discussed this last night and I
have not had the opportunity to be filled in-
Nov/ When you find out let us know.
Helling/ Their minutes will be available for you in a couple of
weeks by the time you get your next packet.
Gentry/ So is that four people or no. For me to do more research
and Steve and Dale report on what we are doing presently.
okay.
Atkins/ Dale, who represent DTA and I will take the Chamber of
Commerce as far as a memo summarizing that. The legal
questions.
Gentry/ We will be a team.
courtney/ Any other items for public discussion not included on
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Agenda
Iowa City City Council
Regular Council Meeting
November 23, 1993
Page 8
(f-~~ ~
ITEM NO.8' ANNOUNCEMENT OF VACANCIES.
a, Previously Announced Vacancias.
(1) Senior Center Commission - One vacancy for a three-year term
ending December 31,1996. (readvertisementl This appointment
will be made at the December 7, 1993, meeting of the City
Council.
b. Current Vacancies
(1) Airport Commission . One vacancy for a six-year term ending
March 1, 20'00, (Pat Foster's term ends.l
(2) Airport Zoning Board of Adjustment - One vacancy for a five-year
term ending February 26, 1999. (Catherine Johnson's term ends.)
Thei! ipp~n~e at the January 4, 1994, meeting of the
City Council.
ITEM NO.9, CITY COUNCIL APPOINTMENTS.
a. Consider an appointment to the Mayor's Youth Employment Board to fill
an unexpired term ending March 27, 1996. (Velma Tribble resigned.)
Action: 1h~/ ~ P d&I1) .&M~
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OEM NO, 10, CITy COUNOLlNFORM.,'ON, '" 'D ~ T
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City of Iowa City
MEMORANDUM
Date: November '23, 1993
To: 'Mayor"City Council and General Public,
From: City Clerk
RE: Additions to the Agenda
3f(S) Letter and petition from Tom Wilson regarding parking on College Street.
Sb(3) Soard of Adjustment - one vacancy for an ,unexpired term ending 1/1/97.
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#10 page 1
Courtney/(#lO) city Council Information.
Horow/ I have got two items. #1 is was my honor to represent the
council Saturday evening to present a resolution, a welcoming
resolution to the graduate chapter of the Alpha Kappa Alpha
sorority which is an international sorority of service and is
now located on this campus. I was quite honored to be able to
do that resolution. But before I got there, Saturday morning
I joined a group of people for Ralston Creek Clean-up over by
Seventh Avenue, Dearborn and Rundell and we had a good group.
Really a neat group. Julie Thoman and Marsha Klingamon, city
staff, organized this. Garth Frable was there from Seventh
Street. Doug Jones who was in a canoe most of the time.
Larry Wilson, Don Slothower, Randy Nepresh, Richard Rhoads,
Ron Herman had a chain saw-really great, Clay Burkett, Nancy
Sieberling, Janet Hutchcroft, Will Hutchroft who is a third
grader-he did a pretty good jOb, Del Holland, myself.
Econofoods provided the boxes. Eagles provided the donates,
Iowa city Janitorial supplied the garbage bags and the
Salvation Army truck arrived with hot chocolate and food which
was really really neat. They also provided the boots, wading
boots, gloves. Captain Miller is everywhere. The Iowa city
removed the debris. We really did a reasonable job on that
portion of Seventh Avenue. I would ask any people who live
along Ralston Creek, check you r creek area, please remove the
debris so that if we have flooding in the spring we are not
going to get a lot of more debris allover. There is till
some that needs to be picked up but I think we had a good
session. And we also had some people come out and ask us to
go behind their homes. Some elderly people to go behind their
homes where Ralston Creek cuts in. Sierra Club was partly
there, part of the neighborhood and part citizens. It was a
good time. That is all.
Nov/ I have one little thing. There is a new awning going up on
Pizza Hut on Dubuque Street and Iowa Avenue and it is a bone
of contention with Jim Harris at prairie Lights. His claim is
that this does not meet city code. It is a sign. It is not
an awning. We have been carrying on conversations on this
topic for at least a couple of days. I have also been
carrying on a conversation with our Building Inspections
department which has granted a permit which claims this is not
violating our code. You need to clarify. Can we get more
information on this.
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Atkins/ Yes. Jim brought it to my attention yesterday. I sent an
inspector out and I saw him late this afternoon. I wasn't
able to respond to Jim and then saw the letter that is being
handed out to you tonight. Prepare a written response. The
inspector says it fully complies with our sign ordinance. But
we will confirm everything.
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Nov/ The contention here is that the way it has been erected it is
a sign rather than an awning. Now I don't want to get into
this kind of definition. It doesn't meet the definition of an
awning or not. I am not capable of that one.
Atkins! We had this debate it seems like about four or five years
ago. If I recall we went through this and this one does not
protrude as far or hang as far out over the sidewalk as the
others. I can't understand the contention. But we will have
something prepared for you.
Nov/ And also there was some talk some years ago about whether
awnings should or should not be back lit.
Atkins! Yes, that was the same debate. I think that preceded you on
the council, Naomi. I recall the debate. I will prepare
something for you all.
Throg/ We certainly need to make sure that the sign code is not
violated. I know that Jim senses that there is a sense of
inequity here and need to respond to that.
Atkins/ Every time we have ever had had a sign debate it was how
come- We will prepare something for you and have it for you.
Courtney! We had better do something about those awnings with
lights under them and names on them, hadn't we, John.
MaD! Naomi, how many times have we talked about the sign ordinances
the last 12 years.
Atkins! It is right up there with newsracks.
McD/ Almost.
Atkins/ We will get something for you.
First, a solid waste question. I
working on a list of agenda items
Pigott/ I have three items.
understand that we are
regarding solid waste.
Atkins! Yes. council wants an agenda put together, right.
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pigott! I just wanted to remind or reemphasize that recycling
containers is something I would like to see on that list of
agenda items. Volume based stuff as well.
Atkins! And volume based. Okay.
pigott! Second, I realized that in our packet we received a memo
regarding sensitive areas survey and in that it mentioned a
technical advisory committee or some such committee and I just
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wondered if you could or if we knoW what the status is.
Atkins/Karin had proposed, seems like a couple of months ago, she
has began really percolate two things. One was the creation of
some sort of technical advisory committee for the planning
staff whereby when we found ourselves involved in some sort of
land use zoning issue that clearly you are going to be asking
those kinds of questions, we could refer it to them for some
review and then bring their comments back and incorporate
those comments into a staff report that we ultimately send to
the P/Z and to you all. I still thinks she feels strongly
about doing that. I think she wants to wait for the results
of the survey.
Pigott/ Which is coming out soon.
Atkins/ It is coming out. I think the contract called for
conclusion of the work sometime in January. So I will check
with her but I suspect you may hear both of them shortly after
the first of the year. If it is anything other than that I
will get back to you.
pigott/ I had one other item and it is an issue that maybe was
brought up a little bit about because of last nights informal
meeting and especiallY regarding the waterplant andthe need
for discussion about these sort of things by councilors
with the public and so forth. I will call this my
transparency question for lack of a better term. You now I
have heard in a variety of ways from citizens that Iowa city
sort of has a-the government, that includes everything, has a-
for lack of a better term I will call it a transparency
problem. By that I mean the citizens sometimes feel that they
don't knoW what is going on in the decision making process for
a variety of reasons. And I don't mean to say here that there
are any secrets in city hall or that there is a conspiracy of
silence by the workers or anything. In fact, quite the
contrary. I would just like to say that the staff does a
marvelouS job of getting out and taking time out of their busy
days to talk with citizens who come in and make an effort to
get down to city hall and raise their concerns about what they
have in mind. I believe that the city councilors also get out
and go on the street. I have heard from all the city
councilors here that they have gone out and talked about
issues to the public. But I still think that there is this
sense of I don't know what is going on. I heard it this
morning from people when I was walking down the street saying
you knoW they didn't know the city had a prioritization plan
or don't we have an overall plan for that and-They don't even
know sometimes that we have a comprehensive plan for the way
we operate or that we have a list of priorities for our
capital improvement program. And this disturbs me to some
degree. And so I just was thinking today that it is
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#10
page 4
important again, and I know council has considered ideas in
the past for council, the old members and the new members, to
consider ways in which we can increase the visibility of city
and staff and increase the talking between the citizens and
the government. And I just had four quick ideas that I wanted
to outline for our mauling over. They don't have to be
discussed in any way but I did want to just shoot them by
folks. One is holding council meetings that we have here in
different locations throughout the city. One of the things
that I have heard from people who come up to council s that
they don't appreciate the layout of the council structure
because they feel a little intimidated that we are right a bit
above them. In coming before what looks like a judicial panel
can be somewhat intimidating sometimes. I think that that may
be a valid point and there may be a way we can get out to
neighborhoods. The second thing that seemed interesting to me
was putting our city planners, which we have terrific city
planners in case people didn't know, out in public so people
know that we have city planners so that we can have them in a
public place maybe rent an office building, ground floor place
and have the comprehensive plan on the wall for them to come
and visit. Have the list of capital improvements for them to
come and visit and a city planner for them to answer some
questions. I now that there are all sorts of problems and
questions about these sorts of things and it may seem somewhat
off the wall to raise it but it is important to think about
these things., The third thing was making the council time
here citizen friendly. And what I mean by that is bringing the
council-citizen input to the beginning of the schedule. I
talked a little bit about that last week. And I just like to
reiterate that. Then fourth, I read an interesting article,
letter to the editor in the New York Times, about county
commissioners in Massachusetts go out and actually knock on
people's doors in groups and they assign portions of the city
once a month or councilors or supervisors in that area to go
our and knock on doors and say hi, do you have a concern, if
not, bye, I will get out of your face. But I know that
councilors here do that on an informal basis. I have heard
from councilors that have said they have done that. But I
would like councilors to think about doing that in maybe a
more tag team effort and not necessarily rigidly or formally.
But consider doing that as well. I just wanted to throw those
out.
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Throg/ Bruno, you and I have talked about some of these items
informally along the way and I want to strongly endorse the
general concept that you have put forth and there are several
specific ideas I really like and I would like us to find a way
to piCk up on them.
Horow/ I think great minds run a long the same path, Bruno. I know
that Karen and I in talking about this whole mayor issue
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certainly raised- I was talking about holding the meetings
around in different locations. Now that we have got the
neighborhood associations I raised that issue that that would
be a reasonable thing. The only problem that I haven't been
able to figure out is how you do the cable. I mean if you
want these to be cable access we are kind of hamstrung. Jim
and Naomi and I were at the Library this morning for our tour
and I had not realized that even that facility is only taped
for one particular area. Nothing is impossible but there are-
some of the logistics would have to be- It is a challenge.
Work it out, no problem.
Nov/ I think cable is important. I regretted that we didn't have
last night on cable.
Horow/ Oh boy, I do too. That would have been-I am not sure how to
deal with your suggestion of planners. I think discussing
this is a good one because frankly I don't want the planners
sitting in a room waiting for people to come and visit them.
I want them out there working, earning a living. And if you
stick them in an office-there has got to be another way.
Pigott/ I was thinking of brining a computer in there, you hook it
up, you have got a local area network or something and the
person is working all day long-
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Pigott/ It is just an idea and I don't mean to harp on it.
Horow/ There again, having watched what the planners in the
Department of Public Works did at Mark Twain School preparing
the whole neighborhood for the Kirkwood Avenue construction.
The interchange between staff members and the residents was
really fantastic. It was a very good exchange and I think
Marcia is getting good at that sort of thing right now.
Actually Darrell was really good when we were talking about
the eastside sewer, sitting in the library at Hoover with
Darrell and the staff talking to residents about the sewer. He
was pretty good. That was a number of years ago.
Nov/Actually our planners do a road show style of thing whenever
they are asked. They did a street planning kind of thing on
Rohret Road and they got glowing reviews.
Pigott/ I agree. I think they do do a wonderful job.
Horow/ The question is having more people aSking them to do it.
Pigott/ I mean specifically things like the comprehensive plan.
People just don't know it exists and yes they do go out and
road show specific things and we will never hit all the people
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#10 page 6
out there by having them come into a public location. But r
was just thinking that we have got to find ways to let people
know.
Nov/ We need to use the library. There is no question. Everyone
of these documents sits at the library and everyone who wants
to get it can walk in any time.
Courtney/ considering the hour can we forgo this to an informal
session at some future date. We have a lot of items left on
the agenda. Thank you.
r just had one quick one. The update for the city Park
restoration fund. We are just shy of $10,000 now and this is
still only from one major mailing and only from primarily
individuals. r haven't went out and started my strong arm
tactics on the businesses yet. Be prepared folks, r will be
there.
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lowe City City Council
Regular Council Meeting
November 23, 1993
Page 9
ITEM NO. 11 . REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY.
a. City Manager.
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b. City Attorney.
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ITEM NO. 12. RECOMMENDATIONS OF BOARDS AND COMMISSIONS.
a. Consider a recommendation of the Design Review Committee regarding
the design and placement of newspaper vending machines in City Pleza.
Comment: At its November 15, 1993, meeting, by a vote of 4.1 (Welt
voting no) the Design Review Committee recommended that the City
Council implement the design concept of moduler newspaper vending
machines as proposed in the ordinence submitted to the City Council on
November 9, 1993. In the event the Council finds the moduler units
cost prohibitive, the Committee supports the concept of deslgneting
ereas of the Pleze as locations for newspaper vending machines and
providing adequate screening of the machines by using materials that
can be easily integrated with existing materials on the plaza. The
Committee's recommendation refers to only the design and placement
of the vending machines and not to the ownership issues.
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#11 page 1
CourtneY/(#ll) city Manager.
Atkins/ A couple of quick items. First of all I want to thank
Coach Brown for reminding the council that I arrive at work
before dark early in the morning. It was unsolicited on my
part.
Secondly we finally got our first payment from FEMA. We
received a check for $138,000 the other day. It is in payment
of some of the very early submittals so hopefully we will
begin to see the follow-up on that.
Thirdly, you may have read a press account about a spill in
the river this morning which did occur. It was diesel fuel.
Apparently they were able to track it back to somewhere around
Edgewater Park in Coralville. Our HazMat and our Water
employees responded I think quickly and satisfactorily and
they were able to construct the boom around the water intake.
The University was required to shut down their water and as
far a I now it is still shut down and they are operating on
their supply. As you know we are prepared to satisfy their
needs if it were to come to that. Most disappointing element
is that apparently this spill may have actually occurred
yesterday and we were not informed and you all know that we
have been hammered by the DNR about proper notification. I
want to try to find out a little bit more about this because
if that type of activity is occurring we need to be aware and
we could have prepared out water plant just in anticipation of
the thing. It did occur. That is all I have.
Nov/ This should have been something that came to you via what
source.
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to the best of Chuck's knowledge they were notified. They
should have informed anybody up and down the river utilizing
it for a drinking water source. Then we could have, quite
frankly, did what we did in response to an emergency early on.
Just simply protect the water supply. It was not in jeopardy.
We were able to-it was observed quickly. The University on
the other hand had a little bit more difficulty.
Nov/ The person who spilled it did notify DNR and DNR did not
notify us.
Atkins/ That is strong somewhat of accusatory language on my part.
That certainly appears to be what happened. We will find out
if in fact that did occur because it would have made life a
lot easier on everybody this morning if we didn't have to
respond in the fashion that we did. That is all I have.
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Agenda
Iowa City City Council
Regular Council Meeting
November 23, 1993
Page 10
ITEM NO. 13. CONSIDER A RESOLUTION OF INTENT TO CONVEY A VACATED ALLEY
q 3 - 3, 0 LOCATED WEST OF GILBERT STREET AND NORTH OF KIRKWOOD AVENUE
BETWEEN 210 AND 230 KIRKWOOD AVENUE.
Comment: On Saptember 14. 1993. the City vacated the alley located west
of Gilbert Street and north of Kirkwood Avanue between 210 and 230
Kirkwood Avenue. Greg McDonald owns property adjacent to this alley and
he has offered to purchase the vacatad right-of-way for $1.800.00. This
Resolution declares the City Council's intent to convey the property to Mr.
McDonald and sets a public hearing on the proposed conveyance for
December 7. 1993.
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ITEM NO. 14 - CONSIDER A RESOLUTION AUTHORIZING THE CITY MAN GER TO
PURCHASE THE PROPERTY AT 11 SOUTH JOHNSON STREET FOR THE
PURPOSE OF IMPROVING FLOOD CONTROL OF RALSTON CREEK.
Comment: The Department of Public Works has determined that the
purchase of the 11 S. Johnson Street property would eneble the City to
better control future flooding of Ralston Creek, The City has offered to
purchase the property and that offer has been accepted. contingent on
Council approval, The agreed upon purchase price if $27.000.00. This
Resolution declares the City Council's intent to purchase the property from
Ms. Saunders.
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ITEM NO. 15. CONSIDER A RESOLUTION ADOPTING A RESIDENTIAL A TI;DISPLACE-
q3 - g /2. MENT AND RELOCATION ASSISTANCE PLAN FOR THE COMMUNITY
DEVELOPMENT BLOCK GRANT lCDBGI. THE HOME INVESTMENT PARTNER-
SHIP (HOMEI. AND THE SECTION 108 LOAN GUARANTEE (SECTION 108)
PROGRAMS.
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Comment: This resolution will supersede Resolution No, 88-235, adopted
November 15, 1988. for the CDBG program only. With this resolution, the
City's anti.displecemant plan will be in effect for three programs: CDBG,
HOME and Section 108. The City is now required to hava such a plan for
CDBG and the HOME programs, and In the ,event that tha City applies for
Section 108 funding.
Action:
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#13 page 1
Courtney/(#13) Moved by Nov, seconded by Horow.
McD/ Mr. Mayor, I will be abstaining this vote.
no interest in this project whatsoever
relative involved I will abstain.
Courtney/ Any other discussion.
Roll call-
The resolution is adopted, McD abstaining.
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Even though I have
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courtney/(#15) Moved by McD, seconded by Throg. Discussion.
Courtney/ What does all of this mean.
Atkins/ It means you intend to comply with displacement laws,
rules, regulations with respect to CDBG, HOME, and other
related types of programs.
Courtney/ Intend to comply. Okay. Any other discussion.
Atkins/ You say yes, you will comply.
Courtney/ Roll call-
Resolution is adopted.
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Agenda
Iowa City City Council
Regular Council Meeting
November 23, 1993
Page 11
ITEM NO. 16. CONSIDER A RESOLUTION APPROVING THE 'IOWA RIVER CORRIDOR
'13.3/3 STUDY UPDATE, TRAILS' AS THE PLANNING DOCUMENT FOR THE IOWA
RIVER CORRIDOR TRAIL.
Comment: The Riverfront and Natural Areas Commission convened a
subcommittee of Commission members and interested citizens to review the
trails proposals of the "Iowa River Corridor Study" which was completed and
accepted by the City Council in 1976. The "Iowa River Corridor Study
Update, Trails" was prepared by the subcommittee with assistance from the
Department of Planning and Community Development and the Johnson
County Council of Governments. The update has been reviewed and
recommended for approval by all of the following groups; the Coralville City
Council, the JCCOG Urbanized Area Board of Directors, The University of
Iowa Campus Planning Committee, the Iowa City Riverfront and Natural
Areas Commission, the Iowa City Planning and Zoning Commission, The Iowa
City Parks and Recreation Commission and the Coralville Parks and Recre-
ation Commission.
Action:n()f) /Jko
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ITEM NO. 17 - CONSIDER A RESOLUTION UTHORIZING THE EXECUTION 0 ~
q3 - 3/'-/ AGREEMENT FOR USE OF THE BLOOMINGTON STREET RIGHT.OF.WAY
BETWEEN THE CITY OF IOWA CITY AND MERCY HOSPITAL.
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Comment: Mercy Hospital desires to perform construction at its facilities
along Bloomington Street between Johnson Street and Van Buren Street
including permanent installation of a transformer pad, transformers, screen
wall and retaining wall within the Bloomington Street right-of-wey. The
temporery closure of a portion of Bloomington Street right-of.way is
necessary, during this construction period. The anticipated starting date for
this work is November 24, 1993 and the work is expected to be completed
by January 31, 1994.
Action:
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ITEM NO. 18. CONSIDER A RESOLUTION ADOPTING AND LEVYING FINAL CHEDULE OF
'IS - ';15 ASSESSMENTS AND PROVIDING FOR THE PAYMENT THEREOF FOR THE
1993 PAVING ASSESSMENT PROJECT.
Comment: This is the final step for Council consideration in the assessment
process. ,Schedule of assessments is unchanged from the estimated
assessment. See Assessment schedule Attachment 1,
Action:
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Courtney/(#16) Moved by Nov, seconded by Horow. Discussion.
How could we possibly go against all of these groups. Do we
really need a presentation.
Larry Wilson/ I will just give a brief presentation.
Deb Liddell/ I am representing the Iowa River Corridor Trail group
which was empowered by the Riverfront and Natural Areas
Commission to blow the dust off of the Stanley Plan. The
Stanley Plan which, as you know, was incorporated into the
city compo plan in 1976 called for river corridor trail from
the reservoir dam down to Napoleon Park in southern Iowa city.
Since that time only one mile of the plan as it was stated has
been paved. Our group came together to review the
recommendations that were set forth in the plan and the revive
interest in the possibility of a trail along the Iowa River.
This is just the first of three phases. This one focuses on
the trail itself. Subsequent study will have to focus on the
facility. The third study will need to look at the policies
which are going to impacted by this. This report, and it is
just the first step, and we recognize that there are details
that we need to work out. We don't feel that we can go
forward on working out those details without the feedback and
the endorsement from the city council. The trail group that
came together to study the feasibility of this became a
coalition of citizen volunteers and they represented the
various aspects of city and county government but also
represented people who gave their time and talent such as
engineers and landscape architects and ecologists. The plan
generally speaking is to provide a safe contiguous trail
between the reservoir and Napoleon Park. A trail that will be
suitable for multiple purposes including pedestrians and
bikes. In developing the specifics we have focused on the
recreational needs as well as the transportation needs in the
community. Iowa city was one of a handful of communities
which were identified in the last national census where at
least 15% of our population either walk or bike to work or
school. With so much focus on vehicular traffic and parking
needs d.t. a trail will make bicycling a reasonable
alternative for us. The need for open space and for
recreational opportunities are well articulated in the
Neighborhood Open Space Plan, a blue print which was embraced
by this body. The Iowa River Corridor Trail provides the
backbone of the open space plan by connecting the water sheds
in the community with the largest water shed of all, the Iowa
River. The idea behind it is that since we cannot bring parks
to all of the people that we need to create greenways that
will bring people to parks. There are few aspects of our
community which are more distinct in the fact that the Iowa
River does run right down the middle of it. Another aspect of
our uniqueness however is that we have a strong focus on
community in Iowa city or neighborhoods in Iowa city. I is
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#16 page 2
truly one of our strengths I think in Iowa city. But it also
allows us sometimes to become a little provincial and to stay
focused just on our corner of the world and to not see
necessarily Iowa city as a whole community. Many people see
the river trail as an opportunity to bring together those
diverse neighborhoods in Iowa city. To bring east siders west
and to take downtowners out to the park and to bring people
d. t. In short a trail will lead to a greater sense of
community ownership and we are here to ask your endorsement of
this report and your support in incorporating the trail plan
into the city comprehensive plan which we know all about.
Courtney/ Any other discussion by the council.
Larry Wilson/ Chairperson of the Riverfront and Natural Areas
Commission. I would like to begin by asking members of the
commission and the committee that are here tonight to stand up
in support of the river trail. We had a few more that had to
leave.
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to the end.
Wilson/ We are very proud of the work the commission and the
committee have done since early last spring. And we are glad
we can finally present this to you. We were originally going
to present a slide show tonight but because of the length of
the agenda we decided not to do that. I would just like to
wrap it up making a few points. They are the Iowa River
Corridor Trail will provide the backbone connection to the
neighborhood open space and trail system. It will provide a
greenway connection between open space in neighborhoods and
the green countryside outside of Iowa city. It will connect
Iowa city, Coralville and the County. The updated plan, we
think, is in the best interest of all residents of Iowa city.
It is not just a trail along the river. It connects all of
the trails in Iowa City. We urge you to adopt this plan.
Thank you.
Throg/ I would like to make one brief comment. You folks are doing
a terrific jOb and my sense, my guess is that we all agree
with that and keep it up. You are doing a great job.
Pigott/ You know Karen couldn't be here tonight but she did have
something to say and she left it for me to say. So I would be
happy to read this little message if I could. (Reads Message.)
Courtney/ Any good sales course you go to says not to oversell so
let's hurry up and vote before something goes wrong here.
Roll call-
The resolution is adopted.
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#17 page 1
Courtney/(#17) Moved by Horow, seconded by McD. Discussion.
Horow/ I apologize for not getting a question to the Engineering
Department. On the resolution I am concerned about the
retaining wall and the permanent r.o.w. that Mercy Hospital is
asking. One of the questions that I had about the-when they
complete the construction will there be a regular sidewalk
there.
Fosse/ Yes. In fact the sidewalk will be a little wider. We are
going to a five feet since it is next to a wall.
Horow/ Okay. But they also talked about the fact that it would be
a slope and I was trying to figure out whether or not that
slope-I wish I could find the exact words on this. I guess I
was concerned about the fact that the slope
CHANGE TAPE TO REEL 93-100 SIDE 1
Horow/ The flat surface.
Fosse/ I don't expect that it will exceed the 8% threshold but we
can double check that if you want.
Horow/ Okay. The other. thing is I am assuming because the wall is
next to the sidewalk that slopes slightly that would there be
any runoff of water during inclement weather, especially
during the winter time which would then freeze on the
sidewalk.
Fosse/ Actually the wall holds the sidewalk up higher than the
transformer pad rather than hold the transformer pad higher
than the sidewalk so there should be no runoff from the south
going north onto the sidewalk. And the north sidewalk will
also have a cross slope of about an inch across the five feet
which most walks do have.
Horow/ Can you give me another example of where we have granted a
permanent sidewalk easement.
Gentry/ This is not a permanent sidewalk easement. It can't by
Iowa common law be permanent. That is why we put all the
language in as you will recall of-it is called permanent in
the heading but it can't be permanent. You go down to
paragraph 6,7, & 8 we always have the right to go in and
remove it if it constitutes a nuisance under 364.12.
Horow/ Okay. Great. That is what was disturbing me.
Gentry/ My heading of calling it permanent use has no force and
affect. It is just a
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#17 page 2
Gentry/ catch line.
Horow/ Okay. In other words there is no permanency in this whole
thing and in your estimation the slope of the sidewalk is not
going to present anybody with a problem.
Fosse/ We will double check that.
Nov/ That is a very minor slope, isn't it.
Fosse/ 8%.
Horow/ If I am in a wheelchair I don't care what the slope is. One
wheel higher than the other one as I am going down
Bloomington. I don't know. I am just asking the question.
Nov/ I don't know either. It just didn't sound like very much.
Gentry/ Denney reviewed it I know.
Horow/Okay. I apologize for not asking earlier.
Courtney/ Any other discussion.
Roll call-
The resolution is adopted.
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Agenda
Iowa City City Council
Regular Council Meeting
November 23, 1993
Page 12
~d Mte<<R.R:. 11:1,( ~ei I~: 55.
ITEM NO. 19 - CONSIDER RESOLUTION AUTHORIZING THE MAYOR TO SIGN AriD CITY
93 - =./Ia CLERK ATTEST AN AGREEMENT BETWEEN HOWARD R. GREEN COMPANY
AND THE CITY OF IOWA CITY TO PROVIDE CONSULTING SERVICES FOR
IMPROVEMENTS TO THE WATER TREATMENT, DISTRIBUTION AND
STORAGE FACILITIES.
Comment: Improvements to the City's water facilities are necessary to
improve the quantity and quality of Iowa City's water supply, treatment,
storage, and distribution services, and thereby satisfy watar demand and
comply with requirements imposed by the U.S. Environmental Protection
Agency and the Iowa Department of Natural Resourcas. The fee for
consulting services to com pi eta the dasign outline, dasign and bidding phases
of the work is 2 million 378 thousand dollars ($2,378,000). Public Works
recommends approval of this resolution (see memo included).
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ITEM NO. 20 - CONSIDER AN ORDINANCE AMENDING CHAPTER 33,ARTICLEII,DIVI I~
'13 -d5'18 1 "WASTEWATER TREATMENT WORKS USERS" OF THE CODE OF
ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY REPEALING
CHAPTER 33"ARTICLE II, DIVISION 11N ITS ENTIRETY AND ENACTING IN
LIEU THEREOF A NEW CHAPTER 33, ARTICLE II, DIVISION 1. (PASS AND
ADOPTI
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Comment: Revision of this ordinance is necessary to reflect recent changes
in state and federal law .
Action: /J(t~!~
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ITEM NO. 21 - CONSIDER AN ORDINANCE AMENDING CHAPTER 33, ARTICLE II, VISION
93 - 35'19 2 "WASTEWATER TREATMENT WORKS INDIRECT DISCHARGE" OF THE
CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY REPEALING
CHAPTER 33, ARTICLE II, DIVISION 21N ITS ENTIRETY AND ENACTING IN
LIEU THEREOF A NEW CHAPTER 33, ARTICLE II, DIVISION 2. (PASS AND
ADOPT)
Comment: Revisions of this ordinance is necessary to reflect recent changes
In state and federal law .
Action: l'n:- t) / Iko
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#19 1
Courtney/(#19) Moved by Horow, seconded by McD. Discussion.
Horow/ We discussed at night about having -
pigott/ Can I move to defer.
Nov/ I think we ought to discuss before we move to defer.
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Horow/ We had a discussion to do a concurrent or at least I would
like to do a concurrent education along with the work that the
consultant company does. Through either interaction cable
that we discussed last night or road shows which we were
talking about in terms of the various neighborhood
associations but also even sending out a survey through the
neighborhood associations to get into the people input terms
of what they actually would like to know more about. We can
talk about conservation issues which on water which I think
from my point of view an excellent issue to discuss in terms
of prolonging the life of this facility at the other end. But
we really don't even know what some people are concerned about
and I would like to see that we have the staff mounting
educational effort the same time that the consulting company
is moving ahead on the services.
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Throg/ We discussed this quite a bit last night and you use the
word education. I think I want -I guess the word conveys a
certain approach towards this issue that I guess that I want
to distance myself from. When I hear the word education it
sounds to me as if the decision has already been made a to
what needs to be done. That is to build a $45 million water
plant. And it presumes that we know how large that plant
needs to be which means we know how much water is going to be
demanded 20 and 40 years from now and it means we know that
water conservation is not going to achieve any significant
affect and it presumes that the public somehow should not be
involved in the process of deliberating about whether to build
the plant that they are going to have to pay $45 million to
build. So the idea of running an education process
concurrently with designing a $45 million plant strikes me as
something that is inappropriate for our community.
Horow/ I see it appropriate if you wish to believe it that way.
But I guess it appropriate for a council member to take that
initiative for the public safety and to respond to the federal
and state guidelines. That we have got to respond to. I
consider that it would be derelict for me to just say ah, we
can get public opinion to tell us whether we want a new water
plant or not. I think I have been elected to represent the
citizens but also to protect them in terms of their safety for
water quality in this case.
Pigott/ T agree. I think it is important then to make sure that
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#19 2
those citizens are aware of and have a conversation with us
about some of the questions that confront. As a new
councilor, one who was just elected a few months ago, I
haven't had as much time as some of you folks have to consider
some of the questions and I know that many of the public out
there haven't had the chance to ask or hear some of the
questions and definitely hear some of the answers that were
presented to us last night. And it is interesting to me the
programs the really get successfully to the council and pass
the council in this city are those that really go through the
process that Jim and I are talking about. For instance, I
have watched casey cook host meetings around the city to talk
about the Open Space Plan before it was passed by that
commission and before it came to council. Second, the
Riverfront and Natural Areas commission, they pedaled that
program, they explained it, they took suggestions and then
they included them and they brought it to council. That sort
of thing builds this incredible overwhelming support because
it includes people in the process.
Novl Bruno, let me interrupt for just a minute. Those are ideas
that the council had some choice in. Could have said we don't
want the Neighborhood Open Space Plan. We don't want a river
corridor trail. We had the choice of refusing those ideas.
What we do not have here is that choice. If the EPA tells us
you will meet the quality standards that we give you, our only
other choice on that is to defy them and pay their fines.
Throgl But Naomi, we have a great deal of flexibility here. The
flexibility concerns first of all the size of the plant.
Secondly it concerns how to meet the quality limitations
imposed by EPA. Thirdly it involves-there are a variety of
ways to meet particular quality standards. I think Chuck
would probably agree with that. I don't know specifically
what they are. But there is more than one way to meet a
particular standard. But the point I am trying to make is
first of all about the size of the plant. Secondly that we do
have some flexibility in the design of the plant. And
thirdly we have flexibility with regard to a building in a
process at the start whereby the people of this city buy into
the idea of building a plant if in fact it is necessary to do
that. If we, Naomi, if we decide three or four months from
now to build a $38 million plant of $40 million plant we
haven't lost anything. We decide three months from now to
build a $45 million plant. We haven't lost anything.
Nov/Let me finish a-There is no way that we are committing
ourselves to $38 million or $48 million with this contract.
What we are saying today is that we would like a new design.
We would like somebody to find a site. We would like somebody
to tell us where the plant should be and we are talking about
a contract in phases. stop me anybody, Steve if you think I am
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#19 3
doing this wrong. But it seems to me that phase one will take
those three months. Just searching a site will take those
three months and we will have that time to do a lot of public
information and exchange. The size of the plant can be
amended any time along the way. There is no question about
that.
Throg/ We have just completed a study which we as a city council
have not had a chance to see. All we have seen is a 7-8 page
executive summary. Okay. But we have completed a plan which
says how large the plant should be, approximately how much it
will cost, where it should be located. We are on a track.
pigott/ It sort of locks you in once you do this.
Nov/ The purchase of a site will require a p.h. and a specific
separate decision.
Throg/ But by then you are already committed to doing it.
Nov/ No, no, not necessarily.
Pigott/Not necessarily but in reality.
Courtney/John do you want to tell them how late in the process you
can stop building the plant. Let's go to a little history
here.
McD/ I just wanted to, as I was listening to the conversation, it
is my understanding that the council is going to have ample
opportunity to review this project as it proceeds. That the
action that we are taking is initiating the process. I don't
quite understand my colleagues concerns as to why you know
what can be gained especially by not initiating process at
this point. We all know very well that it is our
responsibility to provide safe drinking water. We also are
very much aware that' with the standards coming down that we
have to comply with there is not a choice. We have to comply
with those standards. If we do not. We are then under a
court order which happened to us with the waste water
treatment facility. If we refuse to pay attention to that
then we are fined on a daily basis. So, the bottom line is we
have to do something. AT this point we are initiating that
process. You, the new council, we have very many opportunities
to review that as you are going through it. I do not see any
benefit in not proceeding at this point.
pigott/ What interests me about hat is you bring up a good point.
We as a council will have ample opportunity to review this but
I would like the ci tiZGflS have ample opportunity to have
input. Intere~ting I think about-
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#19 4
McDI Bruno, it goes hand and hand. When I say you as a council I
am talking about the future and talking about what will take
place as you review the process and the project as it
proceeds, I am assumi.ng that as you are going through this
that this input, that this deliberance of information or this
exchange that you are seeking is going to be taking place. I
am not assuming that as the project proceeds and as the
process proceeds that you are going to do it in a box up here.
It is a give and take type situation. They can go hand and
hand with one another. I guess I just don't see any benefit
in delaying at this point. We know we have to do it.
Thr.cgl What is the cost. There is not cost of doing it and there is
a big benefit and that is you get people involved in the
pr.ocess and help them understand what is required and why it
is required and what can be accomplished differently. Can I
give you a couple little bits of data. Here is one. A new
gallon of water supplied by the proposed power plant will cost
about $4.00 per gallon I think. Now help me with the
calculation. I know this isn't quite right but that is based
on $46 million for the plant and 11 million gallons per day
average in 2015. So $4.00 per gallon. All I wonder is how
much would it cost to save a gallon by helping the consumers
of Iowa city install water efficient shower heads, toilets,
faucets, and so on. It is going to be a lot less than $4.00
per gallon. And then the other point is the National Energy
Act of 1992 requires all new buildings, basically,
particularly residential buildings anyhow, to install
efficient toilets, shower heads, faucets. The average usage
for a household right now nationwide is about 121 gallons per
day and the result of these new standards will reduce that to
55 gallons per day by the year 2025 or there about as new
buildings are constructed. The point is those pieces of data
have not been taken into account in the plan that Howard Green
proposed. You all were here last night. They said that they
did not incorporate those kinds of conservation.
Novl Jim, I was here last night and I was arguing along with you
that these numbers are not realistic. They are really not.
However that would just save us the cost us building a smaller
size plant rather than a larger plant. We may find that
changing the size of the plant is going to happen. I am
almost certain it is going to happen. But I don't think it is
going to happen based on public input. I think it is going to
happen based on the engineers and the geologist and the expert
input that we can get. The general public is just going to
have to accept this.
Throgl Over the past year the city council has gone through a
process with regard to the airport, the airport expansion or
relocation. It was very clear in going through the campaign
last fall that the people of Iowa City felt imposed upon.
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That this thing was just kind of dropped in their lap and I
know my sense as a councilor is that the people of Iowa City
right now don't know what is involved in this water plant.
They feel that they are just now learning that there is going
to be a big increase in rates and it is like something being
dumped on them.
Horow/ I think the people who have been calling me about this when
asked remember the articles in the newspapers about the city
drilling down at Lone Tree, Hills and the stress of the people
who were in that area when we were looking for water and bit
by bit through this talking method with them I kind of lead
them to the point of the fact that we do have to provide the
water for them. That it does have to be a new facility, They
are interesting. Their comment is well everything else is
going up. This does not surprise me. They also look to the
future and they realize that it is not just right now. And so
I guess I look for these energy saving devices as prolonging
the life of this facility. I don't-I disagree with Naomi in
this. I would not wish to deliberately look to downsize right
now. I would like to put the footprint in for the future that
would have it there for longer than we would anticipate. That
to me would be-
Pigott/ I don't think it is a look to downsize it either.
Nov/ I think they have plenty of land there to add onto it in the
future if you need to.
pigott/ I think it is a way to investigate savings just by low flow
shower head and faucet. I will tell you, if you get out with
this stuff and show people that this is out here. We will help
and public discussion with these things and taking input from
citizens will help.
Nov/ We did this.
Pigott/ But not regarding a water plant. We have not talked to the
public abut the water plant. Connecting the two together.
Horow/ It is to just the public and their houses that we are
talking about here. We are talking about the businesses, the
industry, we are talking about putting out fires. We have a
good risk management program going in the city but you still
have fires. You still have emergencies which we have to
respond to.
Nov/ We still have oil spills.
Horow/ We still have oil spills and I would ate to think that we
would give the citizens a sense of false accomplishment by
everybody going and screwing in the-
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#19 6
Pigott/ I wouldn't want to do that.
Throg/ Another point is what we have an opportunity to do here is
see just because rates might rise. The rates per unit of water
that we consume just because they might rise by 145% does not
mean that our bills will have to rise by 145% and by helping
the consumers of Iowa city install these kinds of devices we
can save money on the plant, save the money on their bills.
Horow/ I see saving money on their bills. I don't see saving money
on the building.
pigott/ It is funny. I~hen people get bills and their bill is a lot
higher than they expect usually they like to know why. I would
like to get that process out there before them before they get
that bill and before we start a project so that they know why
they are paying for this sort of thing.
Courtney/ I raise my hand here to get into this discussion. I want
to make a couple of points and take issue with a couple of
things that have been said. When I took office for my first
term we had a very severe problem with our sanitary sewer on
the eastside. It didn't include the northend of the wests ide
to any great degree but it was the eastside and it was my
district. And one of the things that I talked about when I was
campaigning was that something had to be done with the sewer
system. We had recently had a city council that had voted
down a plan. It was done at the very last minute. As I
remember it failed by one vote. It was truly not only a
Cadillac but a Larnberdini Plan that someone decided was way to
expensive. And so then they stepped back and said let us
start over again and so they didn't start over again for quite
some time. But then as the rains of '86 hit we had a human
cry from the folks on the eastside, primarily in precinct 18,
that this time we had better get something done. I relied on
our staff, a consulting firm. Two consulting firms if I
remember right. The first one didn't work out quite right.
And we did design a new sewer treatment plant. The people
were well aware that their rates were going to quadruple
before it was over. And after we had designed this thing and
paid for the design work then Mayor Ambr. and I went out on a
dog and pony show which was alluded to earlier tonight all
over the eastside and we explained to the folks exactly what
we had done. And how it was going to work and how it was
going to affect them and what it was going to cost them. And
there were some folks that thought that they could design this
plant better than what our experts, Public Works department,
and the consultants that we had hired could do it and that
their projections were much better than what those folks
projections were. And I think anytime that you get into a
project of this magnitude you are going to be second guessed
by citizens that either do or think that they know more than
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#19 7
what our experts do. I rely on our staff primarily. I don't
know how the rest of you take input from the public but I get
it everyday all day long. I don't hold specific office hours.
I am there many days from 7 o'clock till 8 o'clock at night
and darn near every client that walks in has something to say
about the city. When I go to the football games I get
harnessed almost every time. And in basketball games someone
has something to say to me all of the time and that is how I
primarily take my input. And were I to be around for this
thing I think I would probably get the same type of input.
There is an assumption being made that people haven't already
went into a conversation mode. When the sewer bills
quadrupled the sewer bills are based upon your water usage and
a lot of folks figured out that if you use less water they
would use less sewer and it would certainly help their bill.
I for one have already installed all of that stuff. We have
three toilets in our house and one of them had to be replaced
and Mr. Balmer was kind enough to sell me one that is a water
conservation one. I haven't replaced the other two. I am not
going to gout and spend a few hundred dollars just to save
that extra gallon or so.
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Nov/ If the rates go up high enough.
Courtney/ If the rates go up maybe I will. But the faucets and
certainly the kids shower heads have already been replaced
because they like to spend an extraordinary amount of time in
there. And I think we need to give our citizens some credit
for figuring this stuff out themselves. They probably a lot
of them have already done it and if they haven't when the
rates start up they will figure it out. We can't be all
things to all people. We have spent several years at this
now. We caught a lot of flack over the well situation to
determine that wouldn't work. We are now in the next phase of
it and we have go tot determine how this is going to work and
I for one think we need to move ahead with it. There is one
thing I have heard through all of my years on this council and
even before that is how bad the water in Iowa city is. Even
when I was a student the very first year. How bad it is and
how bad it smelled in the spring. How bad it tasted and I
think the folks want it fixed. And they are willing to pay for
it.
Pigott/ certainly they want it fixed.
Courtney/ Then let us fix it.
pigott/ The question is the process.
Throg/ There are different ways to fix it and there is a process
involved before that. I would like to say something about
your comment about experts, Darrell. Meaning no offense
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#19 8
whatsoever to Chuck or to Howard Green or any other expert in
the world. It would seem to me that all experts need critical
review in order to do better work. That-you need that.
courtney/ And we provide that critical review to them as the
process goes on. As they bring in these plans, the design
outlines and so on, we look at them and we provide that
critical review to them. We, as a city council. That is what
are elected to do. That is what we are hired to do. And we
will provide that review.
Throg/ I am suggesting two different levels of review. One is an
expert review from people outside the city staff and outside
Howard Green. The second is review on the part of the public
of Iowa city. People who have a chance to reflect upon what
this plan means so that we can have a dialogue with it so that
they understand what is involved, why a plant has to be built
if in fact it does and I am inclined to believe that a plant
of some kind probably does have to be built. I am not opposed
to that idea. It is just the process leading to the decision
that concerns me.
Courtney/ Let me stop you there. I can't understand why you think
that there is nobody out there or that there is anybody out
there that doesn't understand that we don't have enough water
coming out of out plant. We have bad water coming ou~ of our
plant and it damn near got flooded this year. Those three
things alone ought to tell us that we need to do something.
And what person out there is going to argue about that.
Pigott/ We all agree about that.
Courtney/ Let's do it.
Pigott/ It is a question about process though. It is not a
question of doing something-
Courtney/ I have been through the process of building a sewer plant
and it worked fine.
pigott/ I challenge that. I believe that the process of doing
something, getting something down, starts with the public.
Courtney/ The public did start it. They elected us to take care of
these things for them and we are going to do it.
Horow/ The people who you are talking with they certainly can come
in and see any plans.
Courtney/ How many p.h.s do you estimate to be before this thing is
over. Do we know. Lots of them.
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#19 9
Pigott/ Today alone, I am on this wonderful internet system. I
just received ten or fifteen letters from people saying please
hold off-
Nov/ I am not on the internet system. I got phone calls instead.
pigott/ Good.
Nov/ In between phone calls we are all thinking about these things.
pigott/ I am saying what I mean by that is there a great desire by
the public to hold off. To wait and hear this through.
McD/ I don't understand how you feel that you are thwarting the
communication process by initiating this particular vote with
the opportunity that you are going to have and with the review
that is going to take place. I mean there isn't anyone at this
table that doesn't agree that something needs to be done. That
something is going to have to be done. And that is what you
are voting on tonight. saying that something has to be done
and as the process goes on you have ample opportunity to have
the types of exchanges that you want to have and the type of
reviews that you want.
Throg/ John, I see us considering a resolution that would result in
an agreement with Howard R. Green company to provide
consulting services on the order of $2.378 million to build a
plant that they have just completed a plan on that we have not
yet seen.
Horow/ And the plan is very expensive and it is for the next 20-40
years and you have to think big. You can be nickel and diming
it or-
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is because it is big, expensive and it is important for 20-40
years.
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Horow/ You know, if you ask the citizens around the library or
around anywhere whether they want their water billing increase
they are going to say no. I don't see anybody jumping up and
down for this. But whether or not they have come along
through the years in terms of the studies that have gone on
before this and have listened to all of the things that we
have listened to, no, I don't think they have. I question
whether their input at this point isn't something that isn't
going to have to be a dialogue while this process is going on.
Throg/ It is worth noting also that there is another member of our
council who can't be here tonight who asked me to point out
that she thinks it is extremely important that we have a
process with the public before we adopt the resolution and on
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#19 10
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that point I know that I think last night Naomi said that it
was extremely important not to have a significantly divided
council on such an important issue. And I know that there are
three people on this council that feel very strongly about
this need to have a public process before hand.
Novl Yes. And I have said it twice already. I have thought about
it, thought it through carefully, I have read through the
contract, we have a seven day complete cancellation. If we
call the Green office and say you are canceled. We write a
letter and say you are canceled. All we need is seven day's
notice. We don't even get a design outline phase on this
until July 1994. We can reject the design outline. The first
step. And we do not hand them $2 million today. We dole it
out as each step is completed. After I thought about all of
this and listened to all of the people calling there was only
one person who said I really want to read all of this and is
it at the library. And I said fine, I will find out if all
of this is at the library and if it isn't I can give you a
copy of the contract. But for the most part people who
called have said yes, I understand we need something. But
the public does not understand. Not the people who we are
talking about. But somewhere there is a nebulas public that
doesn't understand. The way I read this we have six months of
meetings to conduct. It is our obligation to be sure
before we accept this design that the public does understand
and we, as a group, should be contacting the League of Women
Voters and the Chamber of Commerce and whatever other public
interest group and ask them to cosponsor public meetings, take
it out of the council chambers, there is this distance if we
do it in the council chambers. We have already had steve
offer to work on this. And I am sure that if we ask Ralph
Russell to work on this he would also do it. And I feel that
we have enough lead time built into this. This was not a
lightly made decision. So I am not going to say we need to get
all of these public meetings done before we say go ahead and
give us a design outline.
Throgl I understand what you are saying and where you are coming
from. My only concern at that point I think is that by
authorizing this resolution to day we are telling Howard Green
to begin the process of building a plant with a design
capacity of 11 or 16 or whatever it is million gallons per day
in the year 2015 and whatever million gallons per day at 2035.
We are telling him to do that.
Novl I don't think the contract says that. I don't think the
contract mentions those kinds of numbers. That was a
projection in the same fashion this $40 million is a
projection. It is not a contract.
Throgl Right. But when you build a plant. If I am wrong tell me
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#19 11
but when you build a plant you got to know that you are
building. So you have go to have design specifications and
you know that is based on the capacity of the plant and you
start doing your drawings and you start doing al that stuff
based on the design specifications of what you need for that
plant.
Pigott/ That is right.
McD/ Should we vote.
Nov/ I still say all we are getting by July 1994 is an outline. We
are not getting finished drawings.
courtney/ I suspect that there may be some underlying agendas going
here that some of us don't think we need as big a plant as
others think we need. And I, for one, have no arguments with
the size of this thing.
pigott/ No. I don't think that is my agenda on my part.
Horow/ My concern with this is that it has the human cry against
going forward on this has been raised at the 11th hour. And
I have problems with that. No, believe me that this is not
the first time that this sort of thing has gone on. That is
fine if you want to do it that way but I think then you have
to be prepared if you run into interference this way. We have
known about this since '89. It has gone it's route.
Environmental Advocates has been aware of it. There appears
to be no good reason why this should have been stalled at the
11 th hour.
---
Throg/ stalling is not what is involved in. We are not trying to
stall anything.
Horow/ It appears to me you are.
Throg/ Why would we do that. What is the merit. What benefit-
Horow/ The merit would be for taking out water conservation on the
road and converting everyone whether they be washed or
unwashed that they conserve everything and we downsize the
facility. And looking-
Throg/Trying to save consumer money and build a plant that is
reasonable for this city at costs the city can afford. That
is what I am trying for.
Horow/ Infrastructure is not cheap.
pigott/ We all know that.
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#19 12
Courtney/ This plant is reasonable for this city's future. It is
that simple in my book. This plant is reasonable for this
city's future. You may want to look at today and conservation
next month or whatever but for the future of Iowa City this
plant is a reasonable size. We had some questions as to why we
bought so much land for the sewer plant out there so we could
eventually double the size of it and here we are still in John
and I' s terms when we are talking about adding onto it
already.
Nov/ Yeah, that is true. We are also talking about playing fields
out there.
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Throg/ The design of the sewer plant is in large part a function of
the amount of water we use in this community. If we use more
water the sewer plant is going to have to be bigger. It is a
flow through of water.
Nov/It is also standards. Another one of these EPA things.
Horow/ It is more complicated than just size of water.
Throg/ Of course it is more complicated than that. That is why I
am not saying I oppose the new plant. It is complicated. We
probably need it.
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Horow/ I don't see any reason to forestall this any longer.
Courtney/Any new issues that council would like to discuss on
this.
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Pigott/ Could I just ask a procedure question. Are we getting
prepared to vote on a motion to defer or-
Courtney/ No. The motion on the floor is to consider this
resolution as written. Moved by Horow, seconded by McD.
pigott/ Is there a possibility to move to defer.
Courtney/ We talked about that last time.
Pigott/ I mean at this point.
Gentry/ Yes, you can.
McD/ You can move.
Gentry/ I have my Robert's Rules of Order.
Pigott/ I would like to move to defer this one until February 15.
Throg/ Second.
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#19 13
Gentry/ If you get a second it takes precedence.
Courtney/ It has been moved and seconded (pigott/Throg) to defer to
February 15. Discussion.
All in favor (Ayes: Throg, pigott)
Motion fails.
Back to the original motion. Any further discussion.
Throg/ I would like to know-No. I started to say that in kind of an
aggressive way. I don't mean it that way. Naomi, Susan, John-
you guys are not. As we go through this process I am curious
to know what specific elements of this kind of, if you choose
to use the word educational or information process, what you
see as being involved in over the next I think you used the
term six months. What do you see involved in.
Nov/ I think we have to do it in a little bit more immediate
fashion. I am saying that we don't get a report in six months.
Throg/ I didn't mean to put a number in your mouth.
Nov/ But I can see us doing this in a time line similar to the
February 15 date that you were talking about. Okay. I can see
us asking for a public forum kind of meeting, putting it in at
the public library, recording it on video, broadcasting it on
the library channel, on the government channel, making enough
copies so people can check it out and carry it home, urging
people to go to the library to read all of the information, to
share the information with their neighbors. We can do a good
information exchange and then once we have done that we can
say whoever wants to us and criticize this contract, this
design outline, this whatever that they have read and that
they have watched video or whatever else they have used to
gather information, we will come and do it. I can see this in
at least two steps, maybe three. I can't see any good reason
why we cannot do it in February.
Horow/ I don't think I would let it lay just with the citizens,
with the resident homeowners. I think this has to be taken
through the Chamber, through the DTA, through ICAD, and also
in looking at the various elements. We heard last night that
there is a certain percentage of any city that has leaks in
some of their pipes. I think we have to consider that. But
in terms of, maybe I am being sensitive against the word
education now, information exchange and by exchange is
implicitly means that there are two people talking. What I
hope that we don't find is that we get into a situation where
it is one sided. And that there are people from both sides
willing to listen to this. I think that is my greatest
concern because I have gotten into groups in this city where
it has been one sided. It has not been an objective
discussion and so I would urge that we really try to let both
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#19 14
sides exchange. That is what I would do.
Nov/ I have already nudged the Chamber of Commerce. I happen to
have been talking to the chair of economic development
committee or whatever they are calling themselves. They
changed the name recently. Do you know the name. We both
know they have changed it and we can't remember it. But I
said you really should have a meeting on the water plant and
I got this kind of blank stare. Water plant, why is the new
water plant an exciting enough issue for a meeting. But it is
and I am counting on Ralph or somebody like that to get to the
Chamber of Commerce meetings and Chamber of Commerce board and
say look guys, this is exciting, this is an important decision
and you need to think about it.
Horow/ Is that helpful.
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Throg/ Yes and I appreciate you answering my question. I guess I
must admit that it is not the kind of public consultation that
I would urge upon us.
Horow/ What are you thinking of.
Throg/ A process, a dialogue or I use the word interchange before
the decision is made. Before the decision is made to build a
16 million gallon per day plant.
Horow/ Okay. But having not able to achieve that what can you do
now as we go forward.
Throg/ One thing I would suggest is that you ask some of the local
water experts, faculty at the university and or people who
work for the county or related organizations, to act as an
independent expert review. Expert review committee to look at
the 1991 Water Plan and the one that was just finished and to
provide their own kind of external peer review of it.
Horow/ I am assuming you mean people that were not on that list
that was passed around last night that H.R. Green used as a
review group.
Throg/ Help me out here Chuck. My understanding here was that they
were a focus group which means that they had a certain amount
of involvement but I don't know if they had a chance to read
the entire report and write a critique of it at the end. I
think we were just referring to the 1991 Plan.
Horow/ That group to me was interesting. I would like to see what
their backgrounds are on whether of not they would be helpful.
But you want to have some expert people on this I have no
problems with that. I want it to be done in the spirit of
moving forward and not curtailing it or thwarting it. There
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#19 15
have been many times when I haven't agreed with everything
that-or even agreed with the vote but I have gone forward with
it and I am unified with the rest of the council and I would
really like to see that happen now.
Throg/ We have already lost on one vote but my sense is that the
process of deliberation with the public is moving forward.
Nov/ speaking of deliberation and public, how much of this is at
the library today. Somebody asked me this on the telephone
and I didn't know.
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Atkins/ I don't think we have the formal document there. But I can
assure you it can be there pretty promptly. I will have it
down to them. It is a book about four inches thick.
Nov / I will just tell somebody to look for the agenda at the
library and read the contract in it.
Atkins/ We will make sure it gets-
Nov/ But there are really people who would like to read the whole
document more than the executive summary.
Atkins/ sure, we will take care of that.
NoV/ I think we can make it avaJ.lable without any difficulty.
Courtney/ Any other discussion.
Roll call-
Resolution is adopted, pigott and Throg voting no.
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Nov/ And the contract.
Atkins/ You can anything you want placed down there. The agenda is
down at the library already. I sure it has a copy of the
contract in it. But I mean as far as
for someone to check it out, sure.
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Agende
Iowa City City Council
Regular Council Meeting
November 23. 1993
Page 13
ITEM NO. 22. CONSIDER AN ORDINANCE DIRECTING THE REGULATION OF RATES
CHARGED BY CABLE TELEVISION OPERATORS FOR THE BASIC SERVICE
TIER AND RELATED EQUIPMENT, AND FOR CABLE PROGRAMMING,
SERVICE TIERS AND RELATED EQUIPMENT. (Second consideration)
Comment: The Cable Television Consumer Protection end Competition Act
of 1992 and regulations adopted by the Federal Communications Commission
permit a franchising authority such as the City of Iowa City to regulate basic
service rates and charges for cable television in the franchise erea. The first
step the City must teke is to adopt an ordinance for rate regulation.
Action: 711C1/ ~ juf(!//II 71--;;;;;:i~
ITEM NO. 23 - CONSIDER AN ORDINANCE AMENDING CHAPTER 9.1 OF T~O~'
ORDINANCES OF THE CITY OF IOWA CITY,IOWA ENTITLED 'CITY PLAZA'
BY REPEALING SECTION 9.1- 7Ul ENTITLED 'NEWSPAPER-VENDING
MACHINES' AND ENACTING IN LIEU THEREOF A NEW SUBSECTION 9.1-
7Ul, TO BE TITLED AND CODIFIED THE SAME. (First consideration)
Comment: At the request of the City Council, the City Attorney has revised
an ordinance to require the use of space in City-owned modular vending
machines for all newspapers and advertisers sold via vending machines in
City Plaza, These modular units would be handled by a lottery system if the
number of requests exceeded the number of units availeble. Otherwise, the
units would be provided on a first.come, first served basis upon payment of
a minimal fee based on actual administrative costs. As dralled, the revised
ordinance contemplates only one unit/space per,newspaper/advertiser. Staff
has reviewed the ordinance, and the ordinance is ready for first consideration.
Action: ;st?t/
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CONSIDER AN ORDINANCE ESIGNATING AN AREA OFTHE CITY 'o~~
CITY, IOWA, AS AN URBAN REVITALIZATION AREA WHICH SHALL BE
KNOWN AS THE BLOCK 62 URBAN REVITALIZATION AREA. (Second
consideration I
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ITEM NO. 24:
Comment: On May 11. 1993. the City Council adopted Resolution No. 92-
256, a resolution supporting the concept of granting a ten-year one hundred
percent property tax exemption on the actual value added by the improve-
ments to the former Press.Citizen Building. Prerequisite to granting property
tax exemption, the City must adopt an urban'revitallzation area and an urban
ravitalization plan.
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Action:
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ITEM NO. 25. ADJOURNMENT.
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#23 page 1
CourtneY/(#23) Moved by Horow, seconded by Nov. Discussion.
Horow/ I would really like to defer it because I have had enough-a
number of us have had enough input on other locations or other
ideas and would like to offer myself to get together with DR
Committee to work out some of these suggestion.
Courtney/ I don't mind hat. I don't know why the ordinance has to
be deferred to do that. The location is not talked about.
Nov/ What we are talking about here is getting rid of an ordinance
that is not good and putting one that is good. If we
implement it you will have plenty of chance to talk to DR and
all of the newspaper manufacturers and newspaper vending
. machine manufacturers. We are not going to implement it
tomorrow.
Horow/ So the word modular does not necessarily mean a structure.
It just is a concept. That is what has me.
Gentry/ That is city owned. It has to be something other than-
Horow/ A steel bar around the front-
Atkins/ Just for clarification. We have on the books in the plaza
ordinance something that regulates news racks . You have chosen
not to enforce it. You have re-read that ordinance and found
it has some unconstitutional characteristics. This revised
ordinance takes care of those but substantially it is not any
difference than the ordinance that currently exists.
Gentry/ True.
Atkins/ And the issue that we have is amending an existing
ordinance but I think the debate appears to be, I don't want
to speak for the folks from the media, is the implementation
of that ordinance and how it is going to work. Those of you
that would be opposed to this ordinance would, in effect, be
wiping it off the books from the plaza.
Horow/ Oh, then I don't want to do that.
Atkins/ I just want to understand that we have a debate over
implementation. Whether it is a modular unit or steel bars or
word walls or whatever you choose to do those are elements of
making this ordinance happen and we have not done that to
date.
Gentry/ Arguable I suppose you could define modular unit to be
something other than we started out with.
Atkins/ In the ordinance it said city owned and city owned to me
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#23 page 2
meant really whatever you all are interested in doing. Again,
I know there is some council interest in not having an
ordinance 0 this character on the books, period. But what you
are doing is simply amending an ordinance that has been there
for 10-15 years. Nothing has really changed. That is what I
understood it to do. And that our task was to come up with
ways to implement it that kept you all happy and the news
folks happy and that is where things fall apart.
Horow/ So you are suggesting that I am reading between the lines.
Something is not really here and I might as well just go along
with this.
Atkins/ I am suggesting that this amendment is a minor change Linda
picked up and cleaned up the ordinance so that it's
unconstitutional characteristics are now gone. The debate
over implementation is not anywhere close to being resolved.
You all have opinion on that as well as the news media.
Theoretically you could approve this and we could leave things
just the way it is.
Pigott/ Could theoretically we approve this and could theoretically
you implement this without coming back to council.
Atkins/ I would say theoretically I could but stupid I am not.
Courtney/ I would have bet that was the exact quote that you were
going to make. I have heard that so many times.
Atkins/I would like to think the survival instincts kick in.
Courtney/ However the next city manager that you hire-
Throg/ Stupid you are not. You obviously thought about this and
reframed the way you just reframed it. I find it difficult to
oppose the ordinance.
Atkins/ I am more concerned-
Courtney/ I got to rethink this thing.
Atkins/ The ordinance stands as not substantially changed in that
those of you that are opposed to this regulation, in my mind,
should vote against it because you don't want to see it
regulated. I understand that. What Linda is doing is simply-
the task we tossed to her was read the plaza ordinance, read
that element, clean it up, bring it back. And that is all she
has really done. That is the way that I envision it.
Courtney/ That isn't what I was looking for.
implementation by the next council meeting.
Can we have
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#23 page 3
Atkins/ That is subject to-
Gentry/ The way it is written now it goes into effect April 1.
Courtney/ Okay. I will rely on Mr. Baker to carry my charge. He
started this thing about ten years ago.
He told me the other day.
McD/ I bet he doesn't care anymore.
Courtney/ Any other discussion.
pigott/ I do have another Karen statement from afar. I have to
fulfill a favor that was asked of me despite the lateness of
the hour. (Reads Kubby statement).
Horow/ I wish she were here because I think it is mute. I think
what she just said is mute. I really do.
pigott/ I think I am going to vote against it.
Atkins/ I didn't mean to ruin it all but I think when you talk
about implementation someone talked about running a bar. To
me if it is a city owned bar, bar and steel rod, you have
substantially complied with some element of the ordinance.
Pigott/ I am uncomfortable with this.
Nov/ I don't understand the steel bar business.
Atkins/ Well, you tie them altogether and make them look tidier.
Horow/ I will give you the drawing.
Atkins/ I knew that wouldn't appeal to you but I was just trying.
pigott/ I am still uncomfortable with the idea of regulating a
distribution or newsracks and charging money for the
limitation of that right to distribute the press as well as
the concern about the number of news boxes. Particular
location being regulated-
courtney/ Well, let's just speak or mind.
Roll call-
Ordinance passes first consideration, Throg and pigott voting
no.
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, City of Iowa City
MEMORANDUM
DATE: November 19, 1993
TD: City Council
FROM: City Manager
RE: Work Session Agendas and Meeting Schedule
November 22, 1993
6:30 . 9:15 P.M.
6:30 P.M.
7:00 P.M.
Monday
City Council Work Session - Council Chambers
Review zoning matters
. Redevelopment Project - Burlington and Clinton
(Hieronymus Project)
7:30 P.M. - River Corridor Plan Update
8:00 P.M. Comprehensive Water Facilities Plan
8:30 P.M. - SEATS Contract - JCCOG Paratransit Study
9:00 P.M. - Council agenda, Council time, Council committee reports
9:10 P.M. - Consider an appointment to the Mayor's Youth Employment
Board
November 23, 1993 Tuesday
7:30 P.M. - Regular Council Meeting - Council Chambers
November 25, 1993
THANKSGIVING HOLIDAY - CITY OFFICES CLOSED
November 26. 1993
CITY HOLIDAY . CITY OFFICES CLOSED
Thursday
Friday
December 6, 1993
NO CITY COUNCIL WORK SESSION
Monday
Tuesday
City Council Work Session - Council Chambers
Agenda pending
7:30 P.M. - Regular City Council Meeting. Council Chambers
December 7, 1993
6:30 - 7:30 P.M.
PENDING LIST
Appointment to the Senior Center Commission - December 7, 1993
Appointments to the Airport Commission and Airport Zoning Board of
Adjustment. January 4, 1994
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