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HomeMy WebLinkAbout1994-02-15 Agenda ...........:.-...'-+-.....,..:.;... ...... .'.'. .' " , ! ',.1 , . . lOW A CITY CITY COUNCIL or' , . '. AGENDA ", ".', i . .; . i ! i '. '. .' . , ' .":-: k' { i ,!.;~\. , r . \ . \, l~ ,~ r;'~71 III I , . r, REGULAR COUNCIL MEETING OF FEBRUARY 15, 1994 7:30 P.M. "; COUNCIL CHAMBERS, CIVIC CENTER 410 EAST WASHINGTON , . .'.';' . .;;(- v-~ . " ," '-J'-~.-XlJ:";~i<~~~__' ....L , . . ." _,' "".'. ...'....1.11 1...'."...............'......'....'.......-..............\.-1... .'..,',."../II,'~:':~C/',::,;.... 'U;;' 'A , \ ,"" ," . I ,]'5"':"" '0.,'" "-';,':"\,/':::::"~'::""':I.';>i:.:((!I_I>\, ,;\"')t", ,I' ,.)'~.::':-"'.-:'. : " ". '.,'~.' '. :',,;;, ,:,",::',.'"",f~:1\,~. " . ! AGENDA IOWA CITY CITY COUNCIL REGULAR COUNCIL MEETING . FEBRUARY 15,1994 7:30 P.M. COUNCIL CHAMBERS ~ f/:;j;f:~ ~ ,~ '~ ~ ~ ~ JM& P-~ ITEM NO.1. CALL TO ORDER. ROLL CALL. 5TA7E oF' erN fYlt.5SIfGe. ITEM NO.2 MAYOR'S PROCLAMATIONS 1 ',.! i , . I i I I I I \ '''" 1 ,'1 I .1 I i ! , ; ! a. United Way and Parsons Technology Hospice Road Races Volunteer Appreciation Week. February 13.19, 1994. ~ ,"-c U.l.b<r :tLtI<l t....... ~"(tI..'ct~~- b. Women's History Month. March 1994. ~ c. Year of the Family. 1994. ITEM NO.3. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. , , .j . ~ , , 1 I . "I I .".i , ~ i , ......~ I, " (..I c:y ) 1\. ,r'\ " IT \ I ~ I I , II I I 'I r I j ,~ / \ ..:.;;.' o . 'f , "I a. Consider approval of Official Council actions of the special meeting of February 1, 1994, as published, subject to corrections, as recommended by the City Clerk. b. Minutes of Boards and Commissions. (1) Planning and Zoning Commission meeting of February 3, 1994. (2) Parks and Recreation Commission meeting of January 12, 1994. (3) Human Rights Commission meeting of January 24, 1994. (4) Board of Library Trustees meeting of January 27, 1994. (5) Historic Preservation Commission meeting of January 11, '1994. (6) Historic Preservation Commission meeting of January 25, 1994. (7) Riverfront and Natural Areas Commission meeting of January 19, 1994. (8) Board of Appeals meeting of January 17, 1994. (91 Broadband Telecommunications Commission meeting of January 19,1994. -"i . I .... j " ~ I "'.- ' ';, ' " . <\""'"'T', '~"';-]}7"'''':I'''(J't,: , . '" )5 '....: " ". - . ,: ., '. ' ,.~.".~,'.<,:~.:1. .;,',.,..:';.::;";', . " '.;:,;' 'i . .j i > :i ,J .- \ . 1 .>j ,...-.- ~ I II ~', , \ ,. ;~} .~\! " ~:l .' " ii, i' L #2a page 1 Horow/ (#2a) united Way and Parsons Technology Hospice Road Races Volunteer Appreciation Week Peg McElroy Fraser/ Thank you very much for your support and it is indeed a historic moment. Teresa, would you like to say a quick item. Teresa McLaughlin/ Thank you for everybody who contributed. Not only for United Way but what this represents to the human service agencies and all of their clients. '0" ." , .. . f .I. .! ;'~!. J ;" ,~, \ F021594 " o I .. ,'..). ' T"".' .:15 '.,'., 1 ]'0\ , .,.,..."..,.';::" '.'-::""'.\:: . ,..\ ,,' \'" "". ,,. ,>;:'::....,:,:1;' ,::J':":<'-}::"::\':';',~.,l:;.::{::~'.:::~ /:,.-,", 'I; '.',.'., Agenda Iowa City City Council Regular Council Meeting February 15, 1994 Page 2 "I c. Setting Public Hearings. ., ! . (1 ) CONSIDER A MOTION SETTING A PUBLIC HEARING ON MARCH 29,1994, ON THE CITY OF IOWA CITY'S FY95 IOWA DEPART- MENT OF TRANSPORTATION STATE TRANSIT ASSISTANCE , GRANT APPLICATION, AND AUTHORIZINGTHE CITY CLERK TO PUBLISH NOTICE OF SAID HEARING. ";". Comment: In February, JCCOG will be completing Iowa City Transit's f:Y95 State Transit Assistance grant application. This . . application will contain FY95 State Transit Assistance and FT A Section 3 and/or 9 projects. A public hearing on the application is required by state law, with notice of the hearing published at least 30 days in advance. The grant application will be available , for public review prior to the hearing. Cf "(- 3'; (2) CONSIDER RESOLUTION SETTING PUBLIC HEARING FOR MARCH 1, 1994, ON PLANS, SPECIFICATIONS, FORM OF CON- TRACT AND ESTIMATE OF COST FOR CONSTRUCTION OF THE RIVERSIDE DRIVE RIVER TRAIL PROJECT. . Comment: This project consists of construction of a 6-foot wide , , sidewalk on the east side of Riverside Drive between Iowa Ave- ..... , nue and Burlington Street for the purpose of providing pedestrian access at that location. Estimated cost of the project is " $35,750.00. q1~ "to (3) CONSIDER A RESOLUTION SETTING TWO PUBLIC HEARINGS/ON MARCH 1 AND MARCH a, 1994, ON THE FY95 PROPOSED OPERATING BUDGET AND THE SEVEN YEAR CAPITAL IMPROVE. MENTS PROGRAM. Comment: This resolution sets public hearings on the FY95 Pro- posed Operating Budget and seven year Capital Improvements ~ . , Program on March 1, 1994 and March a, 1994. Senate File 1,-' 2393, passed by the 199210wa General Assembly, places certain il limitations on property taxes for cities. The limitations allow growth in property taxes for certain types of increases in valua- tion. An increase in taxes by the amount of the percent change in the price index for state and local government purchases re- . quires the city budget to be published twice and the City Council ... to hold two public hearings. Sen~te File 2393 does not remove any of the rights of the taxpayer in regards to budget review or appeal. Debt Service Levies and Voted Levies are exempt from the limitations. Detailed information on the budget will be avail- able for public inspection on February 1 a, 1994. . . _..----1 '_fl__ 0 : r .1 -,.".. . ': ",",,' ~", : " : . . "':"" \ - .- "T - '. ',~" .-':<i,,~' , ';';':":;';'~',o',;/j},;;"~;"::"-:\-"".':'"....., , -. .\...'....,...'........ .'1"'1."'", ')5,". "0" ',~: "','- ;:',:"":',,,,,...':j': ~I;:i,' ..,~J,. :l~; . , , , ' 1',' , ,-', , , ' ~" ",. '_,.'____..H_.~.._':,___.:.__.. Agenda Iowa City City Council Regular Council Meeting February 15, 1994 Page 3 d. Resolutions. '11 - '-/-1 (1) CONSIDER A RESOLUTION ADOPTING SUPPLEMENT NO. 62 TO THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IO- WA. e. Correspondence. (1) Letter from Thomas C. Thrams regarding a transit bus stop adja- cent to his home. (2) Letters regarding the parking situation at City High from: a. Cheryl M. Tugwell b. Jeff and Cathy McCullough c. Elsie Foerstner and neighbors of Glendale Road. (3) Letter from Mark Twain Elementary School regarding traffic prob- lems on DeForest Street. (4) Letter from the Iowa Festival requesting Council's permission to close the parking lot adjacent to the Holiday Inn for a three-day period - June 10, 11 and 12 - for an event, "The Art of Food." The Director of Parking and Transit has agreed to locate permit parking to the Dubuque Street Ramp for this period. (5) Letter from Wilfreda Hieronymus withdrawing the aprlication for vacation of the north 212 feet of the alley in Block 102. (6) Letter from Richard A. Grimland of North Liberty regarding pro- posed water plan. Su- '~l/ ~.w.O/J ,I 1~- ITEM NO.4- END OF CONSENT CALENDAR PUBLIC DISCUSSION. tUJ (.).HK.o AI 1) o.JJ.. _ . ~~ 1/0 ~p.H:s a.o ~ ,Jev ~/ . o , '\ ...,' "', <, o " , ";',Q, ,,", , .,...., ..,.., ,'.'."'. ,1.,..':-','. .-' I'"~ :,\, or' ')r;. " "l ~) ;. . :.\ ,'.' " I i () . ,,',:' '. ","';' '.'.' " I' 0,:.0:': , . I~, ~ '..",,',' .'1 '. City of Iowa City rJlEMORANDUPJI Date: February 14, 1991. I 'ro: Mayor and City Council From: City Clerk Re: additions to the Consent Calendar. -,,'.,.., 3e(7) Letter 'and,petiti9n from Linda Heneghan regarding paratransit service provided by SEATS. .' 3e(8) Information from John Orth regarding: Pesticides; leaf burning; street parking, road signs, the book "The Hin/Hin l~ay", and concerns for Iowa City. 'f:\ ,0" '.', ' " 3e(9) Ltr. from Thomas Heingeist regarding the new environmental inventory map. I ,! " " I .J - \ , \ " i?:l ( f I, I r I i I, \ I . :;,\ 'j ~ ., i;i r \~~- ' " .lL~~O" /-{-- ','~. ~ ~;";:' ",."-i; ,...,..,...I;T'~.;. :~ "",;,;; 'I'., ~'.':: '~": ",,, ,: ,;~-:,' . ....,.....Q...,'. ,,'., ':11",,,/,,:..:. .~'i.'::':"':/':'i?;' . I.. I' '.' .:\'.'..~..:":..'\.:".':~'5...:.rO;:,. , , ".' "'",',' . ' ,: ':':":"':'. _'I:, :"~ :! ;_:'>i , '~;:.:::;':ji #4 page 1 Horow/ (#4) Public Discussion. As some of you might know we did decide last night to eliminate the homeowner's pesticide ordinance and so if any of you are here this evening to discuss that you certainly may but it is a moot point. Okay. I declare public discussion closed. . ....,1 :f[:2~(,;",;,;,};',J,;!~~1:t';[';':;,'2j;;,:"..;;(;I,Y:?,':, . "'j" ~; .:;':" "",':.. T'. .. " ':',:-':)i ;:',: ,,',,, .,- "" " .- \ ': ,:,,' "f,';',':l.:.; " " ' ,,' " , , > , . ,', I .,- ,', "~',:.',,:...< ,~':' .~Jii:S2J,t~,L;;;8LL.;/ ":;~"2;:~LLi:;:.~.Lr"i:i~!~/:' , .',...::.c2sQlli.1L...~'"~' _:.__;,.,'~___",:=_,__,_,:.__:_,,:,;.~"; " .j ".- ~, " C,\ ~ . , I I , " \ t: ( '. 'I: ~ ~ ~:I r. f F021594 , ,. . . C., 0 ___.r_:_.____~."- ; _~,_..w.~__~ .. ~ _>-:~l\' .:"...., .o,])'!i::"'( ~""'>' .-' ,,,,:",! "j", " . ,.,'..",Q";,,.:. '. '. \~I' :, ,l';'~~iii, ,',~'<i,':"J?"':' .- ..\ '[.... ::1""'(... 'J S,. U 0;: ',"'1 ""."" ,,',,'1 ,', :<,- ,<. ".:; , ",. ',,'. . " ','~, Agenda Iowa City City Council Regular Council Meeting February 15, 1994 Page 4 " , I ITEM NO.5- PLANNING AND ZONING MATTERS. a. Con~ider setting a public hearing for March 1, 1994, on an amendment to the Zoning Ordinance to revise Section 36-20.5, Central Business e.upport (G9-5) zone requirements. Comment. City-initiated amendments to the CB-5 zone will be consid- ered by the Planning and Zoning Commission at the Commission's February 17, 1994, meeting. In a letter dated January 20, 1994, Will Worthington requested that the Council set the public hearing on the amendment for March 1, 1994. The Commission's recommendation should be available at that time. ",; Action: .w.4! f11~ jp'~./ ,~/lJ t1H ~t7>> b. Consider setting a public hearing for March 1, 1994, on an ordinance repealing the vacation of the southern 97 feet of the north-south alley in Block 102 bounded by Clinton, Burlington, Dubuque and Court streets. (VAC94-0q02) ~ , i i;"-:-"; l .,c.(:,,\ . \ ' yJ' Comment. At its February 3, 1994, meeting, the Planning and Zoning Commission, by a vote of 6-0, recommended approval of the rescission of the vacation. The Commission's recommendation is consistent with the staff recommendation. JJtt~/1~ , ,', Action: c. tltf/ ~ Public hearing on an ordinance amending the Zoning Ordinance by changing the use regulations for a 12.5 acre tract of land located west of Sycamore Street and south of Burns Avenue from ID-RS to RS-5. (REZ93-0014) I' Comment: At its January 20, 1994, meeting, the Planning and Zoning Commission, by a vote of 7-0, recommended approval of the requested rezoning, subject to conditions. The Commission's recommendation is consistent with the staff recommendation contained in the staff report dated January 6, 1994. Action: 'Yl~MA.v ~t?A~ (t~~- _ - ._~ ~ I -~ " " ".-, -"-~;":' . ., }.--..'.".'.. ,', ,l", ", , ,":',."'l':\': ,", '1,<Ji..Q,'.,:: :.,:. . . ' '.' _," '; ,,"'\, ....:'., ,~."'-"i' ,:')...,',', ' _ ,___" _ ,'i' ; , I.,. . ' i5 ""1'0;'(, T I'" ':; '.:n ":_':'o'l"';/;' ,::,,~:::!)'::\'~' ,,:'; :.", , .' ,,"',:;;'>' I , , , </.":'~, .-', " """,',.' .' ' I'" 1 ~ , ... q . }~ . ',-:1/ .:: "'1 "',:,',;,"'{'," J . ":"''''''''''''-'. ':, -..:'':: ',;":',,-, :,\" ' \ .... :..;A<k!:!;+;};:i,:;;!:~;~:~. ""i"""" " ;"',',;.." ',' " .',. . "s.:~',~~:L.:i;~:,~~,_:...',..,~ i i , , :! i ,'," , #5a page 1 Horow/ (#5a) Moved by Kubby, seconded by pigott. Discussion. Kubby/ Last night we talked about some further amendments and I can't remember what we decided at the end. If we were going to piggy back them onto these or- Nov/ I thought we were going to put them on with these. Franklin/ I remember what you said. You said that you were going to do them separately. The discussion was whether we could piggy back them on these amendments and whether it would hold these up and how quickly we would get it done. And so I think the decision that I heard from you was that we would do that separately. 'i i ! Horow/ Any other questions. All those in favor (ayes). .~ ~ " I i Nov/ That was the residential percentages that we were going to do separably. Franklin/ A limitation on residential development in the CB-5 zone, yes. o ,I "i " r ,.~ C~. ) ~ 'If I, , >\ " , ~ ,: ,i .;\ r': ' , ! I I I ~: i .,.\ . ~ / , ' I F021594 .f[. ~. ~! '." <I,,;, ~=' ..., .;,.. ':""'2: -,.... ,>....;:;~:: .....:.:J;;wy:;:v" ,,' ,,~," ., I . '",., "....",', "", "",,/.',Q',II','....,;,"'I, ' ~_ ""'_~~~~_,_\;' ,,,,,,, ""'''''''{''",,:;''''''', "'J~"'l,','" ..'?"" '! ,,' -,'"- .~\ . . ',' I' ., ., " " ""'", "'[-.,.'."....'.....',... "1"""" i'.. '. .'..' '0' , "s"",:, . I" I '" 'L , '." , ,~', , , ~ ':.'",:~ to,;') ,,!..,,_,;:(~',;, , , ,..--,-,._--_.-,..-=-..;._._'-~-. , , , Agenda Iowa City C,ity Council Regular Council Meeting February 15, 1994 Page 5 , d. Public hearing on a resolution approving the voluntary annexation of an approximate 422 acre tract of land, known as Sycamore Farms, located south of Highway 6 and the southern corporate limits. (ANN92-0003) Comment: At its November 4, 1993, meeting, by a vote of 0-0, the Planning and Zoning Commission recommended approval of the annex- ation of the 422 acre Sycamore Farms area. This recommendation is generally consistent with that of staff as set forth in staff reports and memoranda contained in the Council packet. The public hearing is to be continued from the February 1, 1994, Council meeting. Action: ,. l I I ',,', ' ~ I , I #5d page 1 Horow/ (#5d) ". 1 j , Public hearing continued. Franklin/ I would just like to address a procedural matter. You have this item and then the rezoning which is the next two items on your agenda after consideration of the resolution for annexation. It is preferable that you act on these two items in concert. That is that you consider the resolution for annexation and the first consideration of the ordinance on the rezoning at the same time. In terms of how you handle your agenda then, possibly we can leave this p.h. open, and move to the p.h. on the rezoning. Open that one and run them concurrently. Horow/ Okay, that is fine. Great. " \, 'j" KUbby/ Does there need to be a motion to make that happen. Gentry/ Yes. Horow/ Moved and seconded (Kubby/Pigott) to keep the p.h. on item d. open. Move to the p.h. on f. on the ordinance and run them concurrently. After closing them, move back to item e. to vote on the resolution. .'(;\.. ." '0 Gentry/ If you close them. Horow/ Right, after closing the p.h. on both. Any discussion. All those in favor (ayes) I am keeping the p.h. open on the voluntary annexation. > .. r \ "~'I II I I .~ I I, '1 i I ~; j 0' i , F021594 ~ 0;' " ~~ r::: , (, o I' " ".. ",,';,...,' ';':"::0'. "~I,,: ",:',1.' ,", , ""':''1 '-',','.'r",:",\1,..::'\::"1 , , :".\ \ rc'C""'< .""""'i"":;'S. ..1"010; ,i " ,~.' I , : .!tIwt.( ,\ . ',", ; , . . .' . :,>" .~:,.," : ,', , , "';t''-, , ," ~ I' · ....: " ", . !,'" , .~, ,,' , .' ~.,' '.' , .~,... 11" . . . " .__.~, L_"', ;,t'. '.',... ...~",_. ,..; '. .~_'.._~.__~ _.__... ,:.".,', ... ._,.__.._.__..,_u________.__,_._.,--.:.__ _., . , , _' ._,___".~ ,:..' ~.,,1" ."':. .'.. ,,,,,",,'u"r..._,~'~ --.;...__.;_,."._.._~ #5f page 1 Horow/ (#5f) Public hearing is now open. Franklin/ I would just like to update you on where we are. As I indicated last night at your work session that we were going to be going through further discussions with the developer today. We did have those discussions. We are very close on the mitigation plan and the conservation easement. In fact the only issues, they are not really issues, that are outstanding. They are technical matters that are outstanding. We would recommend both the developer and the city staff agree that we are close enough to move forward on this rezoning. If you recall, the conditional zoning agreement does not require that those documents be finalized for you to vote on the rezoning and the conditional zoning agreements. The way this works is the conditional zoning agreements says that the property is rezoned only when the conditions have been met. So what you are voting on are the changes in zoning classification and then that these conditions will be met. The zoning is not in place to allow platting of that property subdivision and sale of it until all of the conditions have been met. Does everybody understand that. okay. ~ l Nov/ Now, before you go away. Franklin/ I have more to say. The conditional zoning agreement has been amended and you have a copy before you and what I would like to outline for you are those changes which are minimal. In the original agreement there was a reference to mitigation plan. We had, from the beginning, the intention of having a conceptual mitigation plan for the entire conservation easement area. In addition, it was the desire of the P/Z Commission that with each platting within the Sycamore Farms development there would be a specific mitigation plan that would be of the detail that it would approach construction plans. The mitigation conceptual plan is what we have before us now. What the staff has before us now and what we are very close to coming to agreement on and approving. The only thing that is delaying us is we yesterday at 5:00 received the responses from Stanley Consultants on the review that was done by Lon Drake and sandy Rhoads and we have to review those responses to see that everything has been addressed and everybody is happy. At the point then the mitigation plan can be approved. That is the conceptual mitigation plan. What has changed in the conditional zoning agreement to explicitly outline that there are two sets of mitigation plans essentially. The conceptual mitigation plan and the individual plans that will come as the property is platted. okay. There is no way that we can get the specific mitigation plans at this r: ~ F021594 '.l ~I ) ,1 _(C~~~~ __i -,: __ ,- ,Q )~;,. r '''~ ., ~ - ..4_ o 1[1 . " .'j: """~':< :'J ",'. ., "::!,.' " : ~:,.,:, ,'~ " 'It, ",,>',\1.'. . "-":,1,," ..,','. ',;" <. '" ... , ... ',- . ....:.....,. \ ' '. , , ',,' ".,' _;':'~, ,e,;.' .'.;;._....;~.';...'i.'.~ ,..;.;>.':: ..:...,......~'>J.,.:.:.......:..:',.."--J~";,A,, " ..~(~ ....'-... \ y,\ ~ i~ i k. , i{'~ ,,' J !W' , , 0:(: . '. . "'~' ~; ~:i' I ~ \ri~, \ ~'~1" .-......: . tC= 0:' " ' , , ". " , . , .' .' " . ..- ""_,....i.......:'._,....'.;,:....'..lI~~...~O__.:..,...'....:__--...:...._.~,___..-.:,_.,~.. #5f page 2 point in time. The other change refers to and these are underlying in the version that is given to you in subsection 4a on page 2. That is just referring to these two different kinds of mitigation plans in section Band C. The second significant change has to do with a buffer being provided around the jurisdictional wetlands within the conservation easement. As we reviewed the data that was brought in by the consultants it became apparent that we may have a situation in which a jurisdictional wetland within the conservation easement is close to the boundary of the conservation easement and would not have the same kind of buffer that we are requiring for jurisdictional wetlands outside of the easement. What this does is it says that if you have a jurisdictional wetland within the conservation easement and that wetland is less than 100 feet from the conservation easement boundary a 100 foot buffer will be required around that wetland. Is that clear. It does not in terms of the language which is in the conservation easement then being expanded to that other area. It establishes a buffer. So technically speaking it does not expand the conservation easement. It ensures that there is a 100 foot buffer around the wetlands. And then the last change is on page 3 in which the language now is specific to neighborhood open space. Previously it was general open space which obviously is being provided through the conservation easement and it also allows for payment of fees in lieu of dedication which is paralJ.el to what we have done with subdivisions within the city. Those are the only changes in the conditional zoning agreement. We have a signed agreement and we would suggest that the council go ahead and close your p.h.s, vote on your annexation and vote on your rezoning. As we finalize the documents, the mitigation plan and the conservation easements we will bring those to you. Gentry/ This has been approved by the city Attorney's Office. Marsha forgot to sign that line. Franklin/ Any questions. KUbby/ Of the things that we got a response to from Stanley to the comments made by Lon Drake and Sandy Rhoads, what happens to those things if there isn't resolution about those items. We still have to ability to approve and negotiate that concept plan. Franklin/ Yes. But at this point in time in terms of the comments that have been made and what had come back and the things that we are talking about, they are not major issues at all. In the conservation easement ~e need a scale drawing that shows the easement and the wetlands on the same F021594 ,- ~! '-~=.. ...-;:.Q,;,.,.~)::,.." '\ -' ~', >,:' '.; ,," ..-'., ",~, y:'''' --'- .' . ,.. . -,-,..,. ,.' r "... ')~ t~, .... 16:. ,'.',,' '. " ': mWii" ' , , 4, '.~',; ':"'. " , ',~t ' '\1]' , ' . ",.'.,t, ':'''' ".' " >',i .1.', , ~ ',', ," . ' .... ','1 " " '," ,. ..'w.... ;" "~.;l ' , , , . . ;., :, :~~.~".. ;,,::~ '~~'~~';:":L:,::'j."";';":'C,~~,"",,,,'L'" ,~~...,:...j~~.:.","".,,,,: "...,"-:.....'..:..;_. ':_ ,; , , , " , ,'. .' .' .-.,_._..-...........--..._...",........"...."'..,-_.~---~._.._. '., '.'-" #5f page 3 piece of paper. For the conservation values and the base line documentation that sets out what is there now so that we know what we are preserving we need original photographs and maps as a submittal as opposed to photocopies. So it is fairly simple things. In the mitigation plan there was some areas pointed out by Mr. Drake and Mr. Rhoads in terms of where the wetlands were. I think that what they have shown Stanley Consultants is going to agree with because they show that in one of their drawings. So we still do have time to work those through and it has to be worked through or the zoning is not in place. Questions. Horowj The p.h. is still open if there is anyone who else would like to address council on this issue we would be glad to hear from you. Karrj Madam Mayor, could we have a motion to accept correspondence received from Lon Drake. r ..l '-', , \ 1\ ",-""" .,. (.}-1 " Horowj Moved by Throg, seconded by Pigott to accept correspondence from Lon Drake. Any discussion. All those in favor signify by saying aye (ayes). Thank you. Steve Brightj I am here on behalf of Sycamore Farms. I would like to confirm what Karin has indicated to you. We have been working the last two weeks on the documents for the annexation. I believe the annexation request and the conditional zoning agreement are in a form that is suitable for your approval tonight. The mitigation plan and the conservation easement I believe were at the final stages of refinement. I do not believe that we have any substantive differences. The correspondence is going back and forth. The staff wants to make sure that everything meets its approval and I think that is the key element here. It is the staff's approval at this stage because under the conditional zoning agreement we are obligated as the developers to provide a mitigation plan that is acceptable to the city. And if we don't get that done we don't have the conditional zoning. So I think that council can act on the annexation and the conditional zoning agreement tonight and allow the process to continue to finalizing the other documents and implement the annexation. Finally I would like to say that I was gratified by the state of the city because I think it identifies a number of criterias that our annexation was developed aiming at affordable housing, environmental protection, open space. And I think if you look at your map we have achieved those goals. I hope that you accept the work that we have spent over two years with staff and PjZ. I hope you can approve it tonight and we can getting building in 1994. Thank you. " , i . il,' ("'. , , : ' ; 1 I!~ 1~ l.....', F021594 (7 '.: .' .~~ =,. n_ _:_~ " , "",0 ' ,', ,,' , '" ' .' , '.," ",' , ),' I~ - 1 r .... < ... -,..' I b I . ,- "'5 .t . 10 " i'" I #5f page 4 , I , I I I 1 " ~ ",I Horow/ Is there anyone else. I declare the p.h. on the ordinance amending the zoning ordinance closed. Go back up to item d., declare the p.h. on the resolution approving voluntary annexation. Closed. . ' ',;' ': i '.' I' , " I I ,) . ~, I I II I i, 11;,; ~ \ \);;';/'1 , )'1 '. F021594 ,(' 0 ~,.i.,--'.'. " ,. ,._~~,~ .'..... ,', "."r.- ': r.... '....:-.,~7.-". ..,.",.,.,.",:,",:;iq,,:\\,' ','.'. .,'.:.7.:::':' .....,\ d""~~:...~UIIU ;'~'._.' <~_~""",~ ..~~'~,,' L'~.":'" ,\ , T.'..'..,-.,.'.!..','.' I' 5"..8.0:; . ' ,,,, ':' "':':.' '" ~,' ., '.'.,," "J' "..' , :.':~:~~, \\'1,~" """ ,'.. " ' <. i" t:\, '. '.' "I, ' (, , ...,' '. ,'I 00",".." :,';:;';J... ~",:, ;~"::",~~:;,,,:'....::r;':";',~ ~"~J"'o'.u.~...c..:,:.:..'~..,~~~:;2~..__......_.:.....:.~,." . , ".'#' . " "", '," .' ',' ,. .._.-,,_.~.........."-"~'~"----~~._,-......._., . #5e page 1 Horow/ (#5e) Kubby/ Before a motion is made I would like to have a short discussion about whether people would feel more comfortable deferring it and collapsing a reading later vs. voting on it now. I am not sure I have a feeling one way or another but it is something we talked about last night and there are some changes. We might want to look at them. Nov/ This is a resolution that requires one vote and the next vote is the one that requires three. Kubby/ But we need to do them together so we need to have the conversation on the front end of these votes. Horow/ I would prefer to get it out on the table with a motion (can't hear). Kubby/ Don't you have to defer before the motion is made or can you defer after. Gentry/ Either way.It takes precedence as we have learned from Roberts. Baker/ I am quite comfortable in going ahead and voting on this tonight because we do have a chance to amend it or change it or deny it later. After two years I think we can take this step now. ,J , \ Lehman/ I agree. Horow/ I am looking for a motion. Moved by Nov, seconded by Baker. Any discussion. \ Kubby/ I am not saying I want to do it. I am saying I want to have a discussion because we talked about it last night. And it's the largest annexation we have done. I want to make sure people are ready to vote on it. The answer might be yes and that is fine. Nov/ I think what has kept us sort of not ready to vote on it was the fact that the paper work wasn't quite in order and I think what we have heard tonight from Karin Franklin, it is in order and we get a chance to approve mitigation with each plat as it is submitted which is also a help. So I- Kubby/ We also heard last night that the developer wants it understood that if we vote on the conditional zoning agreement that it is accepting the concept plan and hearing that its technical things aren't a big deal. They can be ~ I i I, I . , , ' , , ~, ! \i, "1 F021594 i~i {; c' {", ,-, C" ~ ... ~-'-7=_~_ > " 7'"" .'~, ,)::, " , , , '~ ... \" j~ ,,' I ~ ,,;' (]) lb', .'~~:;,:,: ;:: l~~~( _..',~ : ( ,~~ \ / ,.:~ . , I I I~ I i i i ! i I . \,> , 1"'/ : i, ;"'" '1J j'~;~~:.' ;~ ..! " >-- ",t.,'. ~~' :;'.,' ,I " :.,", " . ," .'.~g\.I,,;.. '. ,',.. ;~. ..... "",1 '.,,' " , , ..', .:.'~,..' .', '.' ~ , :. " ~ . :~ ' , .'", ' . , , , , ~ ' , ' " ; '. , , _,_.._,,,,~......,,,-,:,,",,."l-;'#.,,,,~,,,,~~,,,,,,,,,,,,,,,,_.,."':,,,___,,_,,,,__,., ..._ ,_, #5e page 2 worked out. I want to make sure our process is squeaky clean. Pigott/ I feel a little nervous about it as well. I understand the concern about it but I feel a little relieved that we do have a chance later to talk about these and so I feel a little more comfortable than I did earlier about that. And so I would be willing to go ahead with this. Horow/ Roll call- KUbby/ I would like to make a statement before I vote on the biggest annexation that we have. And I have never in my terms on council voted for an annexation so I feel that I need to talk about it. I haven't even voted for a seven acre annexation because I felt very strongly that for where we are in Iowa City we haven't needed to expand our boundaries at this time because of all the land that we already have in the community to build on. There have been two reasons that I have said that I would consider annexation. One for major environmental protection and two for affordable housing. Even though the affordable housing in this agreement is one based on faith and commitment of a developer and not on any binding responsibility on the developer I believe that this will happen and I have made that statement before and have been disappointed and I am putting my faith in the developer that this will not be one of those disappointments. And I will be voting yes for the first time on an annexation. I am nervous about this. And it is a big one. Horow/ You have acted like a Catholic. Bless you. Anybody else have a statement they would like to get off chest. Pigott/ I would like to, too, while we are at it. I went to Catholic school, I know. First I would like to congratulate all of the work of everyone involved in this. steve Bright, sandy Rhoads, Lon Drake, city staff, everybody who has come up to this point has worked very hard on this and I think they have worked long and hard to come out with an agreement that people can be somewhat satisfied with. So I applaud that effort on your behalf. I think it is terrific to see that community working together on a project. Second, I have never voted on an annexation before so this is a big step for me as well in a wholly different way and in some ways I am somewhat hesitant to vote for annexation for many of the same reasons that you mentioned and sometimes I feel that the continuing to vote on annexation perpetuates some of the things that I don't like about suburban sprawl in communities and so even this annexation made me hesitate and F021594 o "'. < ~ ',',. o j 5 10'. .""::{:,:\'.::> ~"'" . ,'I'",~ .' ..~, ~.' . '", 1 /.';":'" ~~' " . . '_..;:~"::'...;~~~'~~l.-.(.'~~~"___~__'__"";'''':'._.._, ..____.'___, ._.. _,_' :'..__.'. . , 'I , i #5e page 3 made me think why should I vote for this. I have to have a compelling reason to do so. Because I would like to see us grow in many of the ways that we have grown before I wasn't always happy with. So I would like to see us take an intelligent thoughtful approach to growth. I think that I am pretty happy with the ways that this annexation addresses some of my concerns. Two of the issues that I am happy with most are the environmental protection you mentioned. Over 191 acres of wetlands known as the Snyder Creek Bottoms will be protected and I think that will be very important. Secondly the development of more affordable housing in town. I think that the 1989 Comp Housing Affordability Study showed us a great need for that with rental vacancies at 1.7% and a low number of houses that are affordable to purchase. This sort of annexation will make that sort of thing a more likely to happen. The other reasons that make me happy about this project that this development is contiguous with current development and not out of sequence. The provision of services that are done. When we consider annexation I think we have to consider the costs and not just the benefits. But the costs of providing city services to these new areas. Sanitary sewer treatment, water, police, fir department stuff, trash collection must all be extended to the area and therefore we have to pay for it and so we have to think about that. The developer's agreement to pay for oversized costs in this project is a big thing for me. It makes me happy and I am happy to see that happen. The fact that no trunk line extension is necessary for sanitary sewer services is also a very good thing and the fact that there is a covenant containing 15 acres for a potential school site also is a very good development and it is for all of these reasons that I am going to vote for this annexation tonight. Thank you. "', '. i (:--: ( i >\ \ )\ l\ . I I/! Nov/ We are saying we have a good conditional zoning agreement. Pigott/ I would say yes. Horow/ We have a very well working P/Z Commission, accepted a lot of input and w~:ked very hard to craft a conditional zoning agreement. I really applaud them. Thank you very much. Does anyone else have anything else to offer other than the continuation of what has already been said. ! I ,I I I , r~ Throg/ I would like to say something but I don't want to jump in front of anyone else who wants to talk. okay. I guess I feel a need to make a statement for several reasons. I opposed this particular annexation last February from that podium so I don't think I can be silent. I also think my reasoning still makes sense though I am going to qualify , , ,: II I , ) ,,'>' -',( I""; ),""','" ;," " ~; 'i .~' "',," I''C., F021594 , \ , ' o Q, ,'hi' " , .':'( ",( : ' . , "" .. " ,,.', '. ,..' _.. ___n,..~,. . 1'-"'''' .....t.., \ "" ,,) , - ", .;" '. 10,. . ..,~ .... I', ' I , : ,".! ~"""~ ! 'j ~"'_ I , , . i\ I I' I : I I ! I) J II "",-, (;if: o #5e page 4 that in just a second. My sense is that we do not necessarily need to annex more land in order to make room for more people. We need more room only if we continue encouraging subdivisions that average less than three dwelling units per acre. In this particular context, however, I do not want to and will not stand in the way of the proposed annexation and rezoning. Mr. Bright, the P/Z Commission, staff and a number of environmentalists, especially sandy Rhoads, have worked very hard to devise a development proposal that protects wetlands, ,provides more affordable housing and provides neighborhood commercial activities within walking distance of the homes. So, I will support the proposed annexation and rezoning. I don't consider it an ideal development but what is ideal in the world. So I congratulate you folks who have worked hard on the project. Horow/ Any other discussion. Roll call- (yes) F021594 I .;",':~,\:...'.'~ "'.; ....',,' ,',.',' ':}"."(\ ",,1,__ ,', ",<',1 ' ':' ',,:!, ,,::', ," "'.' l".,l~~" ,1 , ).. ,', ',- I, " ,,:'i . 10' " 1'-"'--" ;~"' '."\: .,'.5....",,0',,',., :, J.~ ,,::,\';"': , .' ":~' , I .,', ,,-,'~"- .,,' ,','I ,'\ J ., , .~, '- " ," ' '",',"", ' ~':':.; ":,', , . ...:,.,'.~\ 11\' ';,." ';',}~ ~:':i'< , " ," , ;,.:';f- ,:' , ',.1' 'I :',t" 1 ;...~ I~ . ," " . I'" .'...., ';, :' ,"~. :' ~ """: ,.'.;~.:.~~~.;:.,;~..:,....,:",...~~.:....~~..;':';'...~-~..,:_._~,~-.-,- #5i page 1 Horow/ (#5i) Moved by Nov, seconded by Lehman. Discussion. Throg/ When this came up two weeks ago several questions were raised about secondary access and I guess my concern is that the people who would be living in the far northern part of the particular subdivision, Parts 6-9 in particular, would- their homes would not be accessible to ambulance, fire and other emergency service vehicles. So, my recollection is that the staff recommend that we not approve Parts 6-9 at the present time. And I remembering this correctly. Pigott/ I thought so. Lehman/ It wasn't that they weren't accessible. It was a possibility. Throg/ Just help me be correct about this statement. My understanding is that they recommended-Karin can help, thanks-recommend that we act on Part 5 but - Franklin/ The staff recommendation to the P/Z Commission to yourselves was that there was a concern about secondary access and we could endorse the preliminary amended OPDH and preliminary plat on Part 5. But once it got beyond Part 5 our concerns about secondary access became greater. It is an issue that is not re~olved. Nov/ This is not the plat, is it. Franklin/ What you have before you is an amended planned development housing plan and a preliminary plat for Parts 5- 9. . ,- \ Kubby/ Once we approve the preliminary plat we can't say no based on secondary - \ ~ , ' Franklin/ It is more difficult. Kubby/ And it is not fair to the developer if we know that now to go ahead. Franklin/ If it is a concern. Horow/ We have had an agreement with the P/Z commission if we disagree or intend to disagree with them we get together with them to discuss this. I , I I I I , I~ pigott/ I am not really in favor of voting for this now because of the secondary access issues specifically. , , : i !.I , , ~. \i F021594 1'. ' ,~~ fi 1(,; II' .C"~o f'-7~_L~ , 1 T- -T. .' ,.-',;,q:/,)). ;/d, , , , .. " ~~", ","'.' """", .'::'", ' , \ ,- ,',i ~ J I " '" ... . . , .. )'51~l[j ',""",:'j " "_:"::~~\,..:/:-,~.t.,:;:>! ' , !~/,;,,\.-::!,r:~':~:', .," , .i~, " ,', ", ~, ~ ~ ,/':',,:,:~ ;j:.f.i::...._~___~'.;'~ :':':':':--';"'" .L2.i..;;:;.......~;i1l:.~~~:~.i.._".,~.~~~____,_"___,.____~~~,~____""_-':_'._'~':"'OC:h'-':__'_"., #5i page 2 Nov/ With everybody's agreement I will the motion. KUbby/ Larry has been trying to say something. Baker/Just call me Ned. I had a quick question for Karin. You said until it is resolved or until it can be resolved, how do you resolve something like this. l Franklin/ with some difficulty obviously because the property owner of Walnut Ridge does not own the property to the west. We do have a provision within our comp plan that it is a policy of the city that if necessary and at the council's discretion we would enter into condemnation for streets to complete the street network. One of the issues that is related here has to do with the connection of Camp Cardinal Road and one of the reasons that we raised this issue at this time was because the future of Camp Cardinal Road haG been called into question during discussions at the JCCOG Board and I think with the council members who were on the Board at that time. Because of the traffic that would eventually be placed on Melrose Avenue. Camp Cardinal Road was going to be one way to provide secondary access to this area generally. If Camp Cardinal Road is not connected through then one option is to have a loop street essentially that is made up of what is now Kennedy Parkway and an extension of Camp Cardinal from the south until those two connect. It is still through neighboring property and this is a dilemma that we reach periodically when development has progressed and we are at a point where you can't get-the private property owner cannot get the secondary access. This is the reason for the policy that the city step in. But we didn't have that discussion about this particular project with the P/Z Commission. They felt quite strongly that this project should go ahead because there had been some reliance on the previous action on the property. Baker/ What does that mean. Some reliance on the previous action. ,', (j) . i Franklin/ That the developer had another plan that was approved to this stage. What has happened is that the plan has changed and that is why they are coming back for an amended preliminary. Baker/ The plan that had been approved before. Franklin/ Walnut Ridge for the entire nine parts. Baker/ Did or did not have secondary access. . ~ F021594 ~ 1 _0""= ./:~': .'I"~.. ..', ".> 'I' : .." . ..i,:,-,O,:'):,'" , ,',,",- ""',Y'. ,"", , , . 'J _'______L~____ , .' ". ...." ,,~. ..,,',' " , .. ~)S,:' fo', '", , "",-.,,:,',(1 .,,'L";, ~ --'-.;'.\_, " J', " .'! ~ "1'",,, " , ' """""" "I"" oli;~'""","",..,, ':':;:,.:iL"i;~ '"." ,,,. ,,~, , .( , , '. ,', , , I . , #5i page 3 Franklin/ It did not have secondary access. At that time we raised the issue of secondary access but did not push it for two reasons. One was that we didn't think that Walnut Ridge would develop as quickly as it has. And Camp Cardinal Road was in our plans as a given. Well, as much as a given as anything is. It was in there as a given and it had been in there for years. And we assumed or figured that the development of Walnut Ridge would progress at a pace that might coincide with the extension of Camp Cardinal Road and everything would just come together nicely. Walnut Ridge is going faster, Camp Cardinal Road is called into question. What will be done about secondary access in this area. It does not appear that it will be forth coming soon. Baker/ Okay. But the original plat had been approved by a previous city council. Franklin/ The plan had been approved by a previous city council, yes. Kubby/ But once the new plan has come in is there any obligation, legal or otherwise, on our part to approve it again. since the conditions are different. Franklin/ I do not believe so. It is my opinion that it does not obligate you to approve it again. It is an amended plan. That opens it up again. :~.. ..L c-. \ 'I Gentry/ I agree. Nov/ However, if the amended plan is not approved they still have the other one and they can still go ahead and build. Franklin/ Yes. Gentry/ That is true. Baker/ How long is the other one good for. Franklin/ Then we ran into some issues with the preliminary plat having expired but the plan was still in force which is - .~'~'~ I," ~ Baker/ I see where this discussion is going. . I ; ~~ , I'. Ii' II : , ',I 0.:c;J ',jof fj,~ Gentry/ (Can't hear). Lehman/ Karin, which of the two do you prefer, the original or this one. Franklin/ I prefer the original in terms oc street design and how " ~. ,. Ii! F021594 b, . I" .~(~-; . ---~ '~ - ~ 7 ;,;, )'" , " ," ':,' '" ,',',: '-":"/~,'\""'i ,.,'.,'..:;.;.Q.;::,:';) ;:: ,. ',' I," ':':\, ).,...,'''' .\ \ , I " - ','-"'~' "..,.. \ " .,...;, ,:'" I " ", .",' ',',I 1 ,-"''''-'' , ~ ' ' , Q '1 , , T"" "r"";' ? 5';UO.., ",.,:,:,.'1,,"':' 1, .j , #si page 4 " , 1 , the system was layed out. Baker/ Can we defer action on this and in order to give us time to talk to the P/Z Commission. Franklin/ I think that under your policy that if in fact there is a tendency from the council to vote contrary to the Commission that you need to do that and have that discussion. Horow/The main motion has been-is there a second. Lehman/ Yes. Horow/ Would someone like to come out with a new motion to defer until - how long. Baker/ When we get with P/Z, does that mean seven and seven or subcommittees or what. , , " Gentry/ Seven and seven. Nov/ How about in three weeks. We have a meeting in three weeks. j....;-:-...... J,' (-.) 1\ 1 Horow/ Right. Nov/ I am talking about the 7th. Franklin/ I know that the 7th is a good date for the P/Z Commission because we had thought about scheduling a meeting with you folks to talk about streets then anyway. Horow/ Okay. Franklin/ It kind of all goes together. Nov/ I move to defer to March 8 official meeting and we will talk with P/Z on March 8... Horow/ Moved by Nov, seconded by Pigott to have March 7 informal meeting. /~.~, ' :1,': I f ~ <, 1:,- '1 " , r" : 1" I', ,., l' 'i ! I I I II : f; "I I, ' \i Jl' ,.t./. : ,"" Rubby/ What would be helpful to me at that meeting to not only talk about secondary access but comparing the old plan with the new plan in more detail. Is that okay with everyone. Horow/ Okay. All those in favor signify by saying aye (ayes). F021594 :(- 0 ...."..,:.',.'. - '. ,...-~~i1":< : ",' ",:>..<:, ,"",',":",: ;:;',':' , """, t\, . ",i' -,::; ~",,<:'.'i;," >'.";':.I~,.,I;'''','::'-,. ,,' ,':,:-:;' ... -.. ,..' I;:' ".i., -, , '..f ".. ;., ,', :1 .' , . i', i I I I ii 'i?'s'.':'''I"[j' I ',.,.,'... ,I""" _ 1 ;".',': '. ,~;~'{':f.i/' , , , ,~,' 1 ..:,:','.,.."'\:;.:",," " '; " ',./:',;::~~~:,ji,,,,..,...:.w"...::':~....-:.:,_~._.~L j . " , , ,.~_~j]~~'~~..~:L',. Agenda Iowa City City Council Regular Council Meeting February 15, 1994 Page 6 g. Consider an ordinance amending the Zoning Ordinance by conditionally changing the use regulations of an approximate 422 acre tract of land located south of Highway 6 and south of the southern corporate limits from County RS, Suburban Residential to RS-8, Medium Density Single- Family residential (62 acres); RM-12 Low Density Multi-Family Residen- tial (10 acres); RM-20, Medium Density Multi-Family Residential (15 acres); RFBH Factory Built Housing Residential (84 acres); RR-1, Rural ~ J. Residential (191 acres); and ID-RM Interim Development Multi-Family Residential (59 acres). (REZ92-0015) (First consideration) Comment. See f. above. Action: h. Consider amendments to Zoni g Ordinance Sections 36-58, Off-Street Parking Requirements; 36-60, Sign Regulations, and 36-9, RFBH, Facto- ry Built Housing Residential zone, to allow certain commercial uses as provisional uses in the RFBH zone, and to replace the incorrect referenc- es to the RMH zone with RFBH. (First consideration) Comment: At its November 4, 1993, meeting, the Planning and Zoning Commission, by a vote of 6-0, recommended approval of the Zoning Ordinance amendments cited above. The Commission's recommenda- tion is consistent with the staff recommendations contained in staff memoranda dated February 4, 1993, and April 15, 1993. I ! ,., r'~ \ 't t1 i. ! 1~ / ~!;J()j,) fo Action: /5teulf 1<Jlj~. Consider an ordinance amending the Zoning Ordinance by amending the PDH (Planned Development Housing) plan for Walnut Ridge, Parts 5 through 9, an 85.32 acre, 56 lot residential subdivision located north of Melrose Avenue on Kennedy Parkway extended. (REZ93-0015 and SUB93-0023) (First consideration) , , I I, I i I "I 01 P Comment: At its January 6, 1994, meeting, by a vote of 5-0, the Planning and Zoning Commission recommended approval of an applica- tion submitted by Southgate Development Company for approval of an amended PDH plan for Walnut Ridge, Parts 5 through 9, subject to submission and approval of a Grading and Erosion Control Plan. The Commission's recommendation varies from the staff recommendation contained in the staff report dated December 20, 1993. Public input was received at the Council's February 1, 1994, meeting. Action: 'De!';I'Ih)!~.Jl,/n?AMJ /src:.U{f 1~ ,. l.fltJJ~tD ' ~/~' t1 ~ to 3/t ~.~ ~t1 ';:;2 -0/'1' ad~ >___:.~ ....~:-..;,C/,.,.'.~).." .".',:.\ : ~-.: ".' ~~~, ~'L'~',:L'.~. . 'ill' I' J,l 'I' \ .;(~~~ . ,~:,- . ~" - .' I . .' .".. . , . ! , , , , o j"''- ~:rc;. "~ ~J .:,.'1'0'. ! -. ,'.. \:--":~:. :-- ' , , i i ',( "i " .'! I ! , I I ,J ?' \ , , ,... ~A* , , i I ~ I J; " '~(""O #5g page 1 Horowj (#5g) CHANGE TAPE TO REEL 94-36 SIDE 2 Horowj Moved by pigott, seconded by Lehman. Any discussion. Throgj I would like to make one very brief comment. This is nothing more than jaw boning. A suggestion to Steve Bright. I really do think you have done a terrific job. I guess I would just like to, perhaps naively, encourage you to investigate low cost ways to design the built portion of Sycamore Farms such that residents feel that they live in a vibrant and memorable place. I think you really have that opportunity given the fact that it is right next to the wetlands and I know given the fact that it is a place for affordable housing that you don't want to spend a bunch of money doing that. Horowj Roll call- Passed. ..0'...". , 'I ".. .: ..'" , ~ :,\, I. ': >i ,\",' F021594 ,,' J-'-;' :: '".:;~ ~,..,_,",'c"/)y:;k'\;\;~,i~,;::;t:).!;.i"'/ .,'''".,''',...,.......""....,..",..'T'....;''''..''I.'':,i/, '\' ,',I. ..,',...~'...5/\:,n': , '. .' .' ., ' . L.J, . " ,', ,;"'" , ;'.' .,.,:":.i",,,i>~.!,:'! ;;,;:j;" i;ilI~~>2\i" i,';'. '., ',.':,."';' ", ,',\~, '" , ,~' ::';~"""~,t . " '\.'. --:.,' ,. , , : "~', \ " .;.. , , , ....-!','..., " " ..' . .. ..,~,+.--,._-~'._-<->....~'-~..-.. < '~. .":, :>:' :.,~~'-,_.:.:"., ~._'.'.._' _:' ,',',,:.- ': '. ,,' ' .' :" f ....- ",'.~""';:': .';'';';''~'~'''''~~'''''~'''''._~.__._' --.:.. . , ,..' \ i ;, , ~ I,~', ~( , I ',' -" " ' , ' , ' . _' "_..~~__,_....",,-,,......""""""'k"U>>.--';"';_~_,.: Agenda Iowa City City Council Regular Council Meeting February 15, 1994 Page 7 9'1 - '1.? j. Consider a resolution approving the preliminary plat of a resubdivison of Lot 5 and portions of Lots 4 and 6 of a resubdivision of Lot 4 of Ohls Subdivision, an approximate 3.71 acre, nine-lot commercial subdivision located south of Mall Drive in Iowa City, Iowa. (SUB94-0001) Comment. On February 3, 1994, by a vote of 6-0, The Planning and Zoning Commission recommended approval of a preliminary plat of a resubdivision of Ohls Subdivision. This recommendation is consistent with the staff recommenda~~~ contained in a report dated Febru'ary 3, z;. 1994. ~ tl~ ~ reJ Aotio", ~1kr:2t~cft~~ r- ITEM NO.6. PUBLIC HEARING ON A PROPOSED NEAR SOUTHSIDE COMMERCIAL UR- BAN REVITALIZATION PLAN FOR A PROPOSED URBAN REVITALIZATION AREA IN THE CITY OF IOWA CITY, IOWA. ITEM NO.7- o Comment: The City Council has received a request from Hieronymi Partners to grant property tax exemption under Iowa Code Chapter 404 for a project located in the Near Southside Neighborhood. The proposed urban revitaliza- tion area includes the area zoned Central Business Support Zone, CB-5, located between Burlington and Court Streets. Designating this area an urban revitalization area would grant property tax exemption to qualified improve- ments as designated in the proposed plan. , Action: ,,~/./ _ tJ#...v frq/ ~ ~tJ9'l/~N.v ~ J) aLea<-u:.4) PUBLIC DISCUSSION ON AN ORDINANCE AMENDING CHAPTER 34. ENT(. nED "VEGETATION," CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY ADDING A NEW ARTICLE IV, DIVISION II ENTITLED "PRIVATE APPLICATION OF PESTICIDES," WHICH ARTICLE SHALL PROVIDE FOR REGULATING APPLICATION OF PESTICIDES BY PRIVATE APPLICATORS, AND PROVIDE FOR THE ENFORCEMENT THEREOF. Comment: At the request of the City Council, the City Attorney has stream- lined the "private applicator" version of the pesticide ordinance in order to track federal, rather than state law. This version anticipates city-provided signs, to be posted prior to application and to remain for 24 hours, with black letters on bright yellow background, sized 8 %" X 11". Farms are exempt. Violations will be prosecuted as municipal infractions: $ 50 1 st offense; $100 2d offense, and $200 3d and subsequent offenses. Action: - :.' ":",:,.,,,0,. ':~ '\ " ~, , ,.. r "i5 ,4, '" " ,,',,' , f1\ v ., 10 ',' '...., " ~~;\..r ; : " , I, ,;~ ..--~ \ > . , "'r ! .' Ii i " j , , i I i ,~ I! . i i [ \1" \.~ :"~"'. i!.\, :~r ~( 1..;. fC~~ ,. ",' . ',:' . ," ' , :,':,'AK':',:"':,': -".\1., , ~,,,,:,, ,', ' ,''','''' "', ( ':;, , , ~. . . ',' , , , .' ,,''-;, ',' ":';:",,~..i~...............~\.lU',-"''''l~'','~....:.:.,__,,:,:,:....'-,,_..,_.,. #6 page 1 Horow/ (#6) Declare the p.ll. open. David Schoon/ Last night at your meeting you discussed a couple of amendments that the council considered them. If you want to incorporate those amendments you need to incorporate those amendments before the p.h. is closed. It need to have the plan, how you want it worded before you close the p.h. Also presented to you tonight was another word change that staff recommends. The state code requires that you state in your plan what type of revitalization is being encouraged and the code states whether it is rehabilitation and additions to existing buildings or new construction or both. In the plan as proposed we have that qualified construction includes additions and rehabilitation to historic structures and new construction for commercial properties. In speaking with the city assessor we concluded that we need to clarify by what is meant by new construction. Proposing the plan staff had in mind that the deal was to encourage new construction, new buildings, in order to redevelop this area in a more intense use. That an addition to a rear of a building, a commercial building, was not what we had in mind. Therefore we proposed the wording that was presented to you tonight that states that new construction refers to buildings constructed after the date of adoption of the plan and any subsequent additions to those buildings. Throg/ David, could you very briefly summarize the the two other changes that were recommended last night. Schoon/ The changes last night dealt with the amount of residential use that could occur in a building that was eligible. Last night the council discussed limiting it to a certain percentage. Also it was discussed excluding residential completely from being eligible for abatement in terms of a structure that had commercial and residential uses would not qualify. That was expressed by one councilor. Also there was discussion last night regarding incorporating a design review process in the plan which would require a project receiving approval by the DR Committee. The Committee would send a recommendation to the city council and then the city council would need to approve the design of the building. Kubby/ The exterior of the building. Schoon/ The exterior of the building. Horow/ And you are suggesting to us that we have amendments- motions for amendments to be made to this within the context of the p.h. F021594 - "~h :~, ~'" r.,."..,:.o,...).:':.'.' ",;2~,:.:": ' '" ""',~~';' ",,~,::::,., . i ".. ;', , I I 1 ~ o r~,; ,lit , " ~ ,'..", ,..'/' ~,:: ',' ,~" 1~',.. ' I"" . ~:', ., '" , "t"" ";;'\li A ",', '~.'".. , . "r",__ :; '..' ," ' ' . ~ ' ", ': I .;" , .~.,. ," ' '."..,1, ,', ' ~ , , ," ~ ~. , ~, . . \ ',:,' ~..!,,:.1::,:..,. ,~_~ '_on..,. ". , , , ' , ',., , "___._~".:...,~.,,....;::.:~."'ll-J,.<'''''';'''''''_''_'~_____ , , u____,'_~,_ #6 page 2 NoV/ I would like to start by the residential component. I would prefer that building which receives tax abatement not have any residential whatsoever. I would like to eliminate it completely because I think a building that has residential uses will rent and will be a success and will not need tax abatement. I think any residences in that area are not going to give us any problems. If we need to encourage anything we need to encourage commercial, business, office kinds of buildings in that area and I would prefer that we take out the residential. Horow/ Would you like to make a motion. Nov/ I will move that we amend the proposal to say a building with residential areas will not be available-will not be acceptable, qualify or whatever- Schoon/ Could I propose some wording for you. Nov/ By all means. Schoon/ Wherever it states in the plan-presently it states except any commercial property in which more than one third of the above grade portion of the structure is used for residential uses. Replace that stating except any commercial property containing residential uses. o " Nov/ That is fine. Throg/ I would like to second that. Horow/ Motion made by Nov, seconded by Throg to read that eligible construction includes rehabilitation and additions to existing property determined to be historic and or architecturally significant by Iowa city HP commission and new construction for all other commercial property except any commercial property in which more than one third- Nov/ No. Except commercial property which contains residential. " \ \ I d Schoon/ And there are a number of places in the plan that that is referred to and those would all be in the- Horow/ Any discussion. I I I, .1 , , Baker/ I guess this is for Naomi in particular and for the council in general. I get the sense that you want a 100% exclusion of residential. That one of the options that we had before us was like a 20% residential/BO% nonresidential. You don't even want to go the 20% residential as a I .... " ,J F021594 '1'1', " 4 I' " , , I 0'; G'~ -- ., -,' ",~Q, ')", 1',-', \ I' -, " 0 '5 ',: , ' "'.' l~ ~ -,'----" ..-'~, ' " , ' .i."" ;! r I' I \ ("1 )\ \ ::~ if " I , I ! . ir ! . , I : i ~rJ t~;~". ( " ] . -' ',. ,:~' ".. ,'...,'., . , ,,' ". . . :,~k~'p' ' ,',,"," "":\.... . , ,\., , " '.',.:..... ' ';,.".:' , , \ '~ " ,. '\ .,', i, . .- "'., ':',.,: .'" '; . '"._'_____....,......""'"""""'A..~......_..____._..~, _, #6 page 3 possibility. Mov / What,. we had was one third. Baker/ One of the options on the information that we have gotten is 20% residential and 80% non residential. That is a five story building with the top floor could be residential. The reason I ask is that when we think of residential for that d.t. area we have been driven by the experience that basically that always turns out to be apartments and more student housing. It might be a development where you could talk about owner occupied condominiums. There might be an appropriate use of small percentage of residential in a development like this. That is possible and I would hate to exclude it 100%. Nov/ I think that that particular block should be commercial. And I think that if we are offering tax abatement we ought to offer it for commercial uses in that block. There are certainly plenty of opportunities for residential uses south of Court street. Lehman/ But we are talking about a three and a half block area. Nov/ Yes. Lehman/ I agree with Larry. I really have no problem with a limited amount of residential uses. It is within walking distance of d.t. It is on the bus line. I have not problem with that, particularly on the upper level. Baker/ But a very limited amount is what I thought. Nov/ I have no problem with the limited residential use. I don't want to change the whole zoning. All I want to change is the tax abatement. I think that limited residential uses are fine. I just don't think they need subsidy. Baker/ They wouldn't be in the previous proposal, would they. That residential part was not part of the tax abatement. Nov/ It wasn't until this week and now it is. Schoon/ Given the terminology that the city assessor used for tax purposes and the terminology we use for land use purposes it doesn't always coincide. The previous wording before the proposed amendments would-a structure that had commercial on the first floor and residential above would have qualified under that wording. The whole structure. F021594 o """ ' "... ,',q,. , < f/" < ,', ._,_,..c_",_.. , o . I'U" .,'.1"" )5,. .0,. ..-":' -"':'';i:t: .'~ Wllilllll, , ,,,"",,1,/ " , ~ :',:".~:, . ',+\Ii" , ,:0 ' '~':,': ,'.. . . " ~' , '", "'I . ',' '," , ',' . " , ' , :;", , .., ..,._.:..:..._~..........,,~:..,~j~....~""....,;~...-;~...:.2.';... #6 page 4 Baker/ The whole structure. Under that wording. Schoon/ Right. That we originally proposed. So we came back with the wording limiting the amount of residential that could be in a structure that would qualify for tax abatement. Naomi is proposing that no residential be permitted in a structure that receives tax abatement. Under the zoning the structure could still be built with residential above the commercial components of the building but they wouldn't receive tax abatement. Baker/ That is my concern. We are not precluding the construction just the tax abatements. Schoon/ Right. We are not providing an incentive for a structure containing residential uses. Baker/ As long as that is clear I don't have a problem with wording where we exclude residential from tax abatement consideration. Nov/ Yeah. It was only for tax abatement. The general zoning for this particular CB-5 area includes residential and the general zoning is not changing. It is just the tax abatement. Baker/ okay because I agree that very often we have a residential construction driving commercial development especially in the CC-l. , " J , Kubby/ Although there is one instance where I would want to encourage and use tax abatement possibly for residential and that is if it is affordable housing which we had done in another area d.t. And so that is another element that when we are looking at this we might want to say a certain percentage of housing and also making another qualifier that it has to be affordable and when we said affordable in our past tax abatement that meant that the landlord said that they would rent to people in the section 8 Program. And that would be a condition in which I would find very acceptable that we would support that kind of a building. Horow/ (can't hear) Kubby/ Because I think the residential property that gets built in this area is south of Burlington. Both this area, CB-5, and further south will not be affordable and the thing that I think will happen is that the affordable housing that is in this area. Not in CB-5 but looking at the whole south side is going to get raised over time. And will not be \ I~ '- "'r ~ " i I , : ~., . i , . ~ I \:.i" \~~ [.i~" .' (c, F021594 ~(" o' - ',.,'~~- ,\)..."'.,.: "C..' , ,',:, .' " : ~ ' .- - La - -I' ',0 (,IIJ, ,I '.,-, , "c ,.. . \ ',' ,,'. I I I 1 10 I . '! f' ,)5 10,. " ,..'r I - ',',':'~~:=r\.t,:;;".:X;~".';:':" ":' ~r~,~;,:,:"I:':>~" ,',',.... , , ",~ ': \',':- ' ' "';, .' .-~(:' ,:'~;~',~~~~...:L;:~;J-':'~"~'~>~''''_''.~A:~U__' ,~'_.'_m'_.__' . " ! ',' ; #6 page 6 revitalization. Throg/ I wonder. Is it possible, Linda, for us to hold a p.h. without acting on the proposed amendments. Or do we have to act on the amendments before- Gentry/ At some point you have to give the public some clue as to what you having a p.h. on and so you can certainly continue the p.h. but the more definition you can give to the shape of the plan the more the public will be able to respond. Did that answer your question. Horow/ As I understand it, David, we got one motion in terms of what Naomi made. You wanted another motion for an amendment dealing with this new wording in the sentence in the first paragraph. --.; Schoon/ Right. Regarding new construction. Horow/ (Can't hear) new construction refers to buildings constructed after the date of adoption of this plan and any subsequent additions to the (can't hear) buildings. Schoon/ Correct. And then the third possible amendment is up to the council regarding including the design criteria. ~(~ ,..'. C-'to ,: >~ ,~ i.::~;;;.1 , I, ' Horow/ Right. Kubby/ I think I would prefer to discuss some of these possible changes tonight and continue the p.h. I don't feel able right now I think on the design part and on the new construction part to vote to make a definite change. But for the housing or residential 30% going to zero, I would have to vote no if I was forced to vote and I don't want to have to vote no. I would like to think about it. !' Nov/ I understand that we're just not voting at all today. We are discussing and doing the p.h. Kubby/ If we are moving to change the plan we are locking that in an- i . I I , I I . ~:, I ~ , Gentry/ You have several motions on the floor to amend the plan. Kubby/ So I wouldn't mind making a motion and voting on the other things and leaving this other questions about residential open and hear comments from people about it that may then help me make a decision to vote on the change in the plan that we could do the next- ",."1:;'; ~("\ " tj , ~ C I ~,I ,~ ') F021594 ,~..' , , ~-~u .'~ - "'" ~. " .' YQ~,,:):, ..' ", ,.' . -1_" I ,~.. , , ,.' I . :', " . 1 , ...,.,,_u.., D I 'I"" ~ ' .~ '.0.... I.... .,' t ,'.. ,1,"'" ' .<"...;:...-,' , 'j ',' ~: ..""'1 ~, ~'" i;,'. ': . :"",~t>,i' , .\" ", .. ,~. ,.' '" '," ,) : ':' I:' ' "'," , , . ~ " ~~"l': ';, , ' ," . . "',.' ;'...,~~' ,)~'L~:...':~~_;';':::'::';'.;.:.....,1:~.:.L.,;:.;...:.~,,~.~~'~~~;.,.~.. "'_4__"~'____'_":_.~ ': ..', . ,', :,', .' ' , ' _.._'.:":,_,_~,.,""'''''W...._",.....~,,,.~.....___~_-:..;__ .,. , ,'I #6 page 7 Baker/ Because if you want to- You seem to be proposing that we can seriously consider excluding all residential from CB-5 zone. I mean that is a significant change. The Zoning commission is going to have to get back involved in for the zoning question and for some sort of study and recommendation to us. My first response is I want to see residential held out as some sort of option in the CB-5 zone but- Lehman/ I think what Naomi was saying it would not qualify for tax abatement. It could be there but it wouldn't qualify. Is that correct. Nov/ That is really what I am getting at. Lehman/ So it would not prevent it. Baker/ I am just talking about Karen's proposal-the zoning. Kubby/ I was not proposing it. I was saying if people are saying this is really what we want in this zone that this isn't the only place we should be looking at it. I wasn't proposing it. Nov/ However, if we propose to change the zone. If we consider changing the definition of this zone, it has to go back to P/Z and p.h.s on different levels and all we are doing today is tax abatement. KUbby/ What I am saying is that I am not prepared today. The way I want to give tax abatement is to commercial only. I am not ready to make that decision so I am asking to continue the p.h. maybe just on that one issue and not all of the changes that we could agree. Horow/ Does anyone have any problem or do you wish- we have got two motions. I' " I! , , Gentry/If you would proceed with your voting on your motions you could at least get something on the floor so the public could respond. Horow/ One motion that I would like to get from you and then we can have the public-that is the new construction refers to buildings constructed after the date of adoption- Karr/ Madam Mayor, we already have a motion on the floor. I ~: I i I' , , I i I , I \\~':/. -, Gentry/ And amendment. F021594 , .-......... {c.~~,~ r- , '~-' ",),",'~.".,',..'" .:c '..\:.... . '. ,,0 , ',I'. ~ ';; I ",. I . A I , 1 1 I ',lj;':"'[O,, . ", ~ "," ..". ,", "J - ", ''- ,-.-' ~, ~',:,; ~," .;. " ~ " \ I :~ ~ ~l. ~" " , ,., , "" . ",,' ",',"':,' ' -"',r.\\t~' ! ' ...,',4:, ':.:'-' , . ':, , , . ...., ,'," .... ".' "..', . , ., ,.,;~'._~d''''''''''''''''_''''''_';'R''''_'''''~~.__'''~ #6 page 8 Horow/ Motion is on the floor and amendment. That is very true. GentrY/Da~~s language plus Naomi's language to exclude residential. Those two are on the floor. Kubby/ I would like to move to defer that amendment. Pigott/ Second. Kubby/ No. Gentry/ No. Kubby/ Just vote it down and we can do it again. Horow/ Let's vote on the motion. Kubby/ If the amendment dies can the amendment be brought back in two weeks if we continue the p.h. Gentry/ Yes. Kubby/ I would urge people to vote no so we could continue a discussion on it and have the question be open. 'cY Gentry/ Da~'s language on the new construction is not in your friendly amendment. I thought someone made a friendly amendment. I am in error. You only have Naomi's motion on to exclude the residential. Nov/ And we need the other two amendments. We need an amendment to include design review. , KUbby/ We are taking them one at a time. Horow/ We are taking them one at a time. Gentry/ That would be easier. Horow/ We are taking the first one first. Schoon/ Karen is talking about continuing the p.h. If you want to consider this at a future meeting, in deferring this for two weeks it will push our schedule back two weeks. We need to provide a 30 day period in which, by state code, that a separate p.h. could ba called. Therefore in combining the readings we don't have that opportunity later to make up for lost time. Rubby/ Could we vote on the plan the same night as the F021594 o \ - ~' . " ,.., .._.,.~_.._..-... fJ\ v ~?5 ld, .'.....,: ,.',i.... ,U'., " , ,~, ,',\ . :",,;"., .. , ,;:~l '"i ' , ~ : ,'t".. " ,~, " , " :" '.;' " , ", " , '.. ~.,: "" , , . ' . , ' . ' .~' ',. '...;~,,'.:_~:,_:i ""..:":.:,;.',;",~_,'):,:.,,o';~"'_':"_ ,._.:,~.. ~~A.,"~:.:..,._ .._.,:.__, _. " ' . " ,. ,__,~_~,_,,,.~"=j,...a...,,..,,,,....__...._~.__~,~.__'_.. _ #6 page 9 continuation of the p.h. Schoon/ No because we need to designate the area first by ordinance. What will happen is you will close the p.h. During the 30 day period you will have consideration of the ordinance designating the area. Then by the time we go through the three readings of the ordinance designating the area you will come to that 30 day period in which you can consider the resolution approving the plan because it will be past the period in which might have to have a second p.h. It is at that point you would have third consideration of the ordinance and a resolution on your agenda approving your plan. Kubby/ I guess I would like to hear from the developer at some point during the -I guess I would like to hear now before I vote on this amendment what that does to the specific development that triggered this whole process in terms of an extra two weeks. Baker/ But we are also discussing an area larger than this particular development. Kubby/ I understand. Horow/ You realize that you are commenting on something that has not been voted upon as an amendment to an ordinance. I ( r'1:. , Cal Lewis/ I think I am just providing some information. Architect involved in the project. We have the time frame for this construction project is very critical which is why you voted earlier tonight to even expedite a portion of the ordinance approval process. And also it is why we even modified the plan from the last item when we made a presentation to cut it back and not include the alley vacation. We could try and effect as few people as possible in negative ways-in limited negated ways. Our goal is to expedite this and move this as quickly as possible because we have a very specific mandate that we are trying for the project. Whether two weeks is critical or not obviously different amounts of time can be absorbed but our goal if you can at all see it possible to continue this process as quickly as you possibly can. That is clearly our goal and we are doing everything we possibly can to coordinate and cooperate with you to get that accomplished. I realize you have very critical issues that you are considering and I certainly wouldn't want to short change. I understand you wouldn't want to short change any of those issues and the process as well but clearly those issues are not in-those particular issues regarding housing are not part of this > ~ I I;, I I i~ I , I : I : i ~,1.J "~ F021594 "~ '-i".,' l~ , j'~ ~ , L, :(~ --..-:', m--: ~ .'. ".-'/Q:,')/ -, ,- , - - ~--' " ,,.. I )5 I ~ ',' () to' , , " ". ",-:.~;i :-: ',~" ~", , ,../",:t ., .,"'.' " +).'" ,"::-:)~~"\\":,:,.' '. ';;:-i, ',,} '" ';/, , " :,\., :"">:'....;.' , ',\ ~.'~',' , . '., ~. "; " ,,', , ',' , ", " " ," '. ..;:,:~~~.:.:.:~.~;",.,;",;":,:""",:--........----,,:,,:,,,,~-~.,._:_-" ' -, #6 page 10 project not would they have any impact on this project and I would prefer it not delay that review and appeal if at all possible. Kubby/ Thank you. Throg/ Let me make sure that I understand one point. The amendments before us right now pertain only to the revitalization area. They do not pertain to the portions of the CB-5 zone that lie outside the revitalization area. Correct. So there could be substantial residential development in our commercial residential and the rest of the CB-5 zone and we are not affecting that at all. Pigott/ That is correct. Schoon/ And there could be commercial residential development in the urban revitalization but it would not qualify for tax abatement. Throg/Be clear about what is before us. Kubby/ Right and I guess I want to ask people to vote the amendment down so that we have time or so I have time to think about this more thoroughly. I am not-my no vote does not mean that I have made a determination. It means I can't vote yes so I only have two choices. Horow/ There is a motion on the floor. It has to do with Naomi's motion that there be no residential construction for the use of tax abatements. o Baker/ I am sorry. One final clarification at least for me. A five story building would be built, they could build the top floor residential and it just means the value of the first four floors would only be-the fact that there is residential in it doesn't- , i Schoon/ The entire structure. Kubby/ It is all or none. Horow/ Roll call- Throg/ This is reasonable complicated. So I simply found myself getting confused right there about what the vote was. So just pity me for a second and restate the vote so I know what yes means. Horow/ Yes means you are going along with the conc~pt. There F021594 ',L~ ~ .....;.,. , -- , '-,', , '. .. ) "....'.', CI '. "'..'... ..,..,',' ",f,','C,i;"",.,,.., ' , 'l~ ,,' .\ , r '5 I~ ,10, '."'.',..",,',, ','" -:""~7,\" .', :':.',,~ (-:;.... ..\ ';.'\ , ::~....,' \ . : '\ ! ' ;, \ ' ~Il Ii I, i I 'i I i I I I ~, , I':'~ ! " I i I ! II ",r .' ~''''~ " ~., '. - t:~~ ,-! " :"; ,',' ',<:,~:.'~;~ ',' " ',' ,)'.\1,'. ' ,If' "", .:.. i i.. .1 , -... ",' ., ...., :-....~,"" , I , , 'l;,' " 1 ( :' "'. . , :,' " . " ..', " " . ',.. :~_:~~~.;:~i,~).~.;~,...;~......lo""':'~'_"'__--'-'~+__" - #6 page 11 will be no residential aspect to the construction that would receive tax abatement in this three and a half block area. Throg/ Thanks. Horow/ Once again, all of those in favor signify by saying aye (Aye:Horow, NOVi) Opposed (Throg, Pigott, Baker, Kubby, Lehman) Motion fails in the spirit that it is for reconsideration whether than for damaging the total overall project here. Kubby/ So I would like to hear from people what you think about this tonight. Horow/ Let's get these other two motions off. Frieda, if we can just wait. Get these other two motions on the table. The second motion is that new construction refers to buildings constructed after the date of adoption of this plan and any subsequent addition to those buildings. Moved by Nov, seconded by Lehman. Any discussion. All those in favor signify by saying aye. (ayes) Okay. Third motion is the plans and specifications for the exteriors of new construction must be submitted to the Iowa city DR Committee for review and recommendation. And then they will be submitted to Iowa city council for review and approval. Moved by Nov, seconded by Pigott. Any discussion. Baker/ Yeah. A quick clarification. Does this literally mean that until the city council approves the exterior design they do not get the tax abatement. Horow/ That is as I understand it. schoon/ Correct. They would need to receive approval before they began construction if they want to ensure that they receive tax abatement. Baker/ Absolute final approval on design rests with the council. Gentry/ Yes. Schoon/ Yes. Baker/ Second thing. In this CB-5 zone by itself there is no design review process. ., Schoon/ Right. The DR Committee does not review it. There are design criteria that are administered b;y the Director of Planning. F021594 , " ' '.r..... " ..8,' ..,,;~ )S',~O, , o '''''0 ' ,'",", ' .- ,'.' "/,.,'.',,:;',' 'l " ":' ~ ',,, .,' '" "."",-., f,", , , ,~ , '. t, " '.', .',:',':.,,:, .,'. .. ",~t\.',; . ,.'..,'1'. " A ' ' '. ~",". ." " , 'I "" '... ..' ,., .,,':...'1' ,','\,i\'. , .' .... . . " . , . '., ~ .-,:.;,'::.,\,,- ,_':.",.-.,.; ~.-. ,..;.,~;."),.':"".-,,.,,-':'~ _: .',-- ,'" " ,,' , _'; _'-...:....._"'''---''.."LtI:.,~~:...-.r.:O-'.'.~''--''-''Iu:.L:_~,.........._...._.:..c.._,____ .....'~ J' '-', )\ , ~ ~ 'i' I I'; I I , I I I , b , I'. , , I' 11, ;,,~:."'>I. '. II j "~":';i ~~, ' [;:~ L__ #6 page 12 Baker/ The revitalization is the only way we would actually have design review over buildings in that area. Schoon/ Correct. Horow/ All those in favor signify by saying aye (ayes). Opposed (No:Lehman) Lehman voting no. Okay. We are still in the p.h. We have had two motions that were approved. One for Design Review and the other for construction after the date of adoption of this plan, new construction. That is where it is right now. This is a proposed Near Souths ide Commercial Urban Revitalization Plan and designation of this area as an urban revitalization area would grant property tax exemption to qualified improvements as designated in the proposed plan. I ask people to address the podium- Cal LewisiI actually am not going to speak officially right now. I had a question, a clarification based on the votes you just had. The one vote regarding the inclusion of residential that allowed no residential that was voted down moments ago has been taken care of in the past. Does the council still not have the option tonight to, if they choose, to take another vote on a motion that would include some minor or lesser degree or some greater than zero, some greater degree of housing as was discussed at your parking session that night. Does the council still have that option' at this point. Gentry/ Yes. Horow/ Yes. Kubby/ Yes. You would have to continue the p.h. Gentry/ Yes, you can still do that. Lewis/ My question is and it is based on, as I was a listener of this discussion, I think at your meeting last night there was discussion about what might be a reasonable and acceptable amount of residential in this and, gain, trying to reach a point of commonality among the council that everybody agrees with. Could it not be considered at this point to also consider one of the allowances to consider a portion of the tax abatement to be residential. Could that be done now before the p.h. is officially begun or can it be happened at any point. schoon/ How the plan is worded at this point, a structure containing any residential use would qualify for tax abatement. How the plan is worded right now the Bell and F021594 \ .(~ 0- --- , - ,-~, ",;~,'j,~i' ,\ , '.'" I ~. . '. '.' () 1)5 10, "',..,,, ) ~~':'::::;:-:'::;\~:;:;I;:~':"':':": ",":" ' ..,.".'>." , c' \ ! i- ~ II [,il t' I ',."":." "'I ,:"~ \\1" " ~,'., .' \, ",: '.. , .~. '.., '",; t ~ ' . ' '., , " ' ' , , :.';,:,:,_.._.:;~...",..:o=,;;;,:,.,{,-",.<.a.",",...:.o.........:.:..;'~~;:_~.:.__~. #6 page 13 Breese Building would qualify for tax abatement. Nov/ David, the thing that we have in our packet says one third. Schoon/ You need to adopt that as an amendment. Gentry/ That is an amendment. That is something that staff provided. NoV/ So we don't have that adopted. Gentry/ You don't have that. That is not in the plan right now, the one third. Kubby/ And to do what we want to do is we need to limit it somehow. The question is how and that is what we need to have either an additional amendment tonight if we are going to close the p.h or else the Bell and Breese type of building will qualify for tax abatement or we continue the p.h. and have discussions about what is the number, what is the ratio, zero or something greater than that. Nov/ Of 20% or 30% or whatever. Lehman/ I think the proposal that we got last night is a good one. And I think there are certain areas of that three and a half block area that where you may need residential along with tax abatement to make something fly. I have no problem with residential in that area. I think it is very appropriate. It is close to downtown. It makes a lot of sense. I don't think we want it on the first floor. But I think under the proposal that the staff has recommended it really does what we want to do. In some cases it may give the developer a little extra room because of the ability to rent residential space. Nov/ My real concern is residential space will be easily rented and will not need any help from us. Lehman/ Commercial may not be. It may take part of the revenue from the residential to help pay for the commercial downstairs. Nov/ Then it doesn't necessarily need tax abatement in addition to that. Lehman/ No, because then they won't build. Nov/ I don't know. I really think that this is a question. F021594 ,,((---~' --.~. I , '. .~." ) , , ' j" . ' . ..._",:;,0"..':/ ::" ::"'~~\ l:~,\"',."" .".'":,,,," '" .', ' , , . 'J , i I I .. i'.' I I (,l\ \.;I , :, I , jd ') r:.. .. ..) ,fo:; ""....".,',.." ',I,' , ,,' . ",'''~' , , , ,". .~'; ':',;"...., :..." 't, .e".t\\f" , ",' ": .~, , '..' ,', , U"\." " " . ".. I , i I I . ' ' . , ' , _.:':c:~'....~,~;;.,;.;;.,.-:-:.,.~~~-:..j:~';..~~~g.,~.u~.:.:..:.:~..~"".....:......:~_~...~, _ "__~__""____.n_'_'_'_~_"':'___.__'_"'_:::"" ~__,,-u,-.~, , '. ,,:!" ~~''-,'--_..._----.._", #6 page 14 Horow/ All right. Let's hear from the public on this. As we take up input we might be able to get some other resolution on this. Bud Louis/ I carry a lot of weight around Iowa city here. I want to address this question about tax abatement. After reading the Press citizen last night I thought we were coming here tonight to vote on that and I was going to arise here in defense of some things that are being said about Mrs. Hieronymous. First of all it seems to me that I have got a whole bunch of tax figures here but we don't have time to get into that. The bottom line is, as I say, is if this tax abatement is offered- As it stands now the property would bring in $45,392 CHANGE TAPE TO REEL 94-37 SIDE 1 , $7191 which is 14 times the amount of tax it is now so I don't see how there can be any question of whether this tax abatement is an important issue to her. There's been some really ludicrous things said here in the paper. One man says it's giving welfare to the rich and it goes on to say that, but we don't want to hear what the bad parts what they went on about. I really feel that we have to stop and think that if there's anyone who wants to put up a $10,000,000 building we better make sure she has all the help she can have. Another point is one man here says we don't want to expand the CBD. We don't want this building because of that. Well it's already expande. The council a long time ago, expanded to Court Street, so that question is crazy. Another person said what she's going to do is build this building and then sell it. Well that's really her business. I mean that has nothing to do with whether or not she should get the tax abatement or not. I'm 68 and I know that Frieda's a little older than I am and if she wants to keep the building ten years or so that should have nothing to do with our thinking on whether she should get a tax abatement. One other quick point here. My time's going fast. I'm speaking now for vicki Gilpin who couldn't be here tonight and she has the Preferred stock store at 110 E. College. And she's visited with several people lately that feel that the landowners in d.t. area now are raising the rent because there's just not anyplace for people to go and they know they've got these people right where they've got them. And she by all means thinks this building should be built, wouldn't be hard to fill and she gave me names of several people she thought would move in right off the bat. But the bottom line is here the word tax abatement seems to have been misinterpreted by some people and I think we should- the paper- the report " , \ ,I ,~ (,J I I I 'iI '~ \..1 ) F021594 . i'~, " K! ,: t' {C~ 0 ~~-' '.:~ ":___:-;' --1 , , , ;l:,;:'.,"" " , , 0 (/, ,,:;':, '"",' " '.' A I,J , 'I" , , ,'5' f6: "''',', ',"'j ,',. "'-'"".' '~/ :", 1.l~";'r " . 't, '",,~,;,I.: ,',;,,"';'. ,:.,' 'f' ""':''':P~\'~:!''~~:''t'''' ,', " , '-, .",. 1 . " , ", ,'., , , , ._.;.',;._....~....."'~~..,;'.:,\'>t:\~:;;.....'" ~;".;"';"',,,"_,..~.'':''':'.:~_._~..,,, I .,.' :J ,.. . '. .".... .u."._._,._',,__.__,,_.._~_,. i #6 page 15 last night in the paper didn't solve anything. It sort of mixed people up. One man said, I won't say if it was man or woman, said today I think that instead of giving Mrs. Hieronymous this woman they should give it to the poor. That's- you're not going to write her a check I'm sure. This is simply she'll only be paying about half the tax that she normally would over the period the building is being built and rented. Is that how I interpreted that right. Horow/ She'll pay less than half. It will start with 20% she'll have to come in with and then in the next ten years it would just keep increasing. Turn it around, it would be 80% tax deferral the first year and then 70, 60, 50, 40. Abatement, not deferral. Excuse me. Louis/ Well just so that everyone knows that it's not a gift to Mrs. Hieronymous and it's something that I think it's going to be a great addition to the town. An important thing for you to follow through. Thank you. Horow/ Thank you. Nov/ That is an excellent point. John Balmer/ 10 Princeton ct. Madam Mayor. Members of the Council. First I might say Madam Mayor you have settled into that middle chair very nicely and I compliment you on your conduct of this meeting. '" " ,\ ~'J c , , /\ ~ ,'4i ' Horow/ Takes one to know one. Balmer/ I want to first of go on record as saying I favor the proposal. I would ask that you give your favorable consideration to this. I want to give you a little historical perspective here. Twenty years ago you were looking at this d.t. and whether it had a future. At that time a number of people came forward, one of those who was Frieda Hieronymous among others, and made a commitment to this d.t. and what you're seeing the success of that today with Old Capitol Center and the revitalization of the rest of the d.t. I think while it's the logical progression to go south of Burlington to continue that- that's it's been kind of the step child of d.t. and it's time to take that next step. 20 years ago that wouldn't have been imaginable. Now it is. And if we can assist in that endeavor by offering tax abatement, not tax forgiveness, I think that's something that should be pointed out, The taxes will be paid ultimately and significant levels will be derived. I think you also have to look at the development that's being proposed. It will be an asset and a quality development and , I ' ' I" i . r , , , , I , , , , " 'I ~ 1) F021594 '~.. i~ .' .\ ~Tt;i.. " 'i_ .' _:(~'~ ~''''r _' , - ~-:--".>'R,:1:: ~: CD ~s F, 10. . ""'," r " : .";:'",'r -< '~;' ,.,;",,';', l~'f! ~,' ,;i ~. , ~',' '\' ", ' . '\\t:'I/'i .o't1' 0>- '. -,,' ' "..' . ., ',1'" . ... . ~.., '.' ....Of:, . .1" ~ ". -.' '. '"I,,', -'. ,;~: :.,,:,'..'.::-.;,;:~..:,;.~:;~;.,...;.::',i.:.~;~', .~:s~:;'.:.;.w;,~.:.,,--,.;'.:.:......o:.L:,,~,...:....~,'~ ~~.:...;' ..1 " ., :,','., . ..",.',:~";,;,,,...,L"""'''::''''''''''''";tl'''''''''''''''A''~~~.._,__..~ __.., #6 page 16 the linchpin hopefully to that area. Thank you. Horow/ Thank you. Dean Thornberry/ I agree wholeheartedly with what John Balmer just said and I don't think there is any objection necessarily from the council to having this building built where she says it's going to be built. I think some of the problems or questions that you might have is apartments with commercial. In building buildings in Iowa City I have seen and personally been involved with buildings containing both commercial and apartments. The apartments always fill up first. The commercial lags behind considerably. There's a lot more places in the close to d.t. area to do business than there is to live. I thought it was an excellent idea from Larry Baker whether it be 1/3 whether it be 20%, if it's a four story building if it's a three story building. The top floor being condominiums or apartments, whatever they may be. I thought was an excellent excellent idea. How do you put commercial on the fourth floor of a building. There are areas in town that are vacant wanting commercial spaces. 20% or 1/3 of the space available in a building such as Mrs. Hieronymous would like to put up would drive the building to be built. I think without it that much of that building would be vacant and I think that she will say the same thing. We need that type of building in the close d.t. area and I see absolutely nor reason not to put some commercial- some apartment or living quarter area above second or third floor above commercial. I ( ~ Kubby/ You're saying that you think that that building on that corner without residential will have vacancies. > 0- , Thornberry/ Absolutely. No question. Kubby/ My understanding is that Frieda not talking about any residential. Thornberry/ She should think about it. Kubby/ You believe if it's all commercial there will be vacancies on the upper floors. i . I Thornberry/ I don't see why there won't be for a number of years. Okay. The Bell Building is a prime example. I think all of the apartments are rented and I don't know if any of the commercial is rented. I'll give my last minute and a half to Wifrieda Hieronymous. Throg/ Dean, Dean. Could I ask you a quick question. Somewhere in I ! . ~ , I : I , I. ~:~ 1 F021594 ',' i,' ~; ~f1 " lC~~ ~ _: ~~~-= - - . r ) "....'.. .':",' " "':, '''( ,', ' " ,,-' ,'" ~' , ...~L, .: It, ;" ~. " I I , I , ..._,'.."" I I o ,\ I' " l~ 10. ",,"',',' . r:" . 4,. " :;',.'.', "t",. .":':,\'\(,1 , ",t .,.. ... I .1 ., " ',., , (~ ,;,:.;;ila' , ;~', .- :'i' , .,f- ',' " , '., '.-' 1 " A. " ,'''01 ~. , ' . ,_ L...l ~~~.~_:. :" ;:~.'~,,:W ~:.:..:, .,,: ;,..;..;.,~ .........~., .;:.~~, :g::~,,,, ,...' :~m':~':'.'-~: .. ' . . c.....i' " ,; " '. ' , u_-'-.'. _._.....'............,_.'..__,........____._..___.,.__ #6 page 17 your statement you made a comment about vacancy rate for commercial space. I was not clear whether you were talking about retail space or office space or both. Thornberry/ There are both readily available in Iowa City. Throg/ In the d.t. area or all of Iowa City. Thornberry/ In the close d.t. area. Horow/ Where. Thornberry/ Meet with me and I'll get my card out. There are places available. Lehman/ Retail is very low. Thornberry/ It depends on how big a space you want. Kubby/ I keep on making this distinction between larger office space and smaller office space. And one of the things Frieda is trying to say is that we need more bigger office space. Thornberry/ I agree. f:\ \;;J Kubby/ Are there larger office spaces available. Thornberry/ What do you call larger. Pigott/ I don't know. That hasn't been defined. Thornberry/ Larger hasn't been defined. , Kubby/ Over 1500 square feet. , ) '.... l~ Thornberry/ There's a proposal been made to the Airport Commission to build spaces there that might contain larger spaces. I I Horow/ Okay. Thank you. Anybody else. Marty Kelly/ ICAD. Space is what I don't have. Yes I think there's some commercial space is available but not in the immediate d.t. area of any size. Office space I can tell you from experience we had a client here just last week that was looking for a large office space and we could not provide him with anything except a warehouse that we tried to convince him to convert it. He was not interested and left. We had a phone call today from a company that wanted office . l I j . , \~, \'j i.:'~'I.. (l , L F021594 .',,' :(~ : ' --- r 7)," I I , ::~..~' .' , 0: . ...0 )5 ,. ..'",.' " .., ',~' .- '.- ~. ~ , ,.' ,.-"'...,,' /" ., 'i; ," " """,'" .,,,< "': ' ~',~t ~ . " i" ' , :"\'j , . ."\,' , ~ e, " to< '. ,'I , ",' " '." '. "'", .. ,,' ,::. ,;;"~:\';-"""";:'.;""''':'';:'::':':;'':'::'-::'':'',...:....;:.~.;2.'::'':''':'.~',:'~.,,':.:_. ,..:__"-:.:..,:"" " .:i;' . " , "" ' , " ,', , . . _' ,._,-.:._..._.......~......-""'.'.!.;..~J;;:;.;J..;..""'-\r'...M""..."...~_'"'._._h_ 'u. #6 page 18 (..'"\ \: C~~\ ';) ~ ! r \ I" I I space and when we told them that there was none available they said thank you very much and that was the end of the conversation. There's a number of those things that go on and some in more detail than others but there isn't any space whether it be factory space or office space in town right now of any size. There's very little in Coralville. There's none that I can find around and so if there's space around just give me the name of it and we'll work with the companies but I've not been able to find any and I've asked the Realtors in town to help provide me with that space when we have clients that come here and so the thing that I wanted to address beyond space was the fact that this building would enhance our ability to recruit better paying jobs because there are no office space of this quality that is in town in the d.t. area now outside of Center One and that's almost all rented. There's a little bit of space there. I think there's about 1000 square feet that's available currently. But outside of that there is nothing and one of the risks here being taken by Frieda is something I can't find too many people wanting to do there is the fact that she has no tenants for the office space to my knowledge. And she'll be building this building on pure speculation that we the community can find people companies business to locate into that space. And that's going to be a task that is not easy but again the commercial space is not what I deal in. It would be the office space that I would be more interested in trying to secure business and industry for. Thank you. Nov/ Marty. Before you go. Kubby/ You want to got first. Nov/ okay. I have heard and I'll admit that this is unsubstantiated rumor styled conversation floating around that people who want large numbers of square feet in order to put in offices also want parking. And this particular location will provide a lot of office space without a lot of parking. And I've been told that this is something that is difficult. For example Eastdale had many large spaces available for a long time even thought the parking was right there. And they had difficulty using them until they eventually broke them into small finished spaces and then Eastdale sold them. .1 , I ! 1 i I 1(" jC.'. Thornberry/ Um huh. Nov/ So what I've been hearing in vague generalities is not seem to back up what you've said today. Have you heard any of this. Do we- I : I ' ',I i ~ " F021594 'I'" ~\OO 1,; " '( '. l_~ " , o .\ I , , ,.. ,< , ;. -.--,..,-.-.,--,. ; . .' '~'.O"""';" T'... 15 . '.',., '.."..', ,~', i [ ~ \ ,> ;;1, if' ii I I I I i ! i~ I , ~ i ; i ~i'l 1 ~\ " ii, (~ ' " .,., " '... , ;~. ' : l'.' \ f' :1" , , .',".....','" . I,. , . , ~ " ,"",",' , ~~'----.:...-""- "~" "_..........,\'--~"'_.H'_~ ", ,,',' ,,<:.,'1,' .", ..', ..._,__.._,_.."""';'__n''''''. , ' , , ,.,.~.;.,.......;.....-",".:r;;.,'..;J~" :.;<i.Q,"'';':',,,,o'''',,,,;,,,~,,,,,,,_'''':''~__,.___, #6 page 19 Kelly/ parking is always important. D.t. I work d.t. and in the morning standing at the window I see a number of prominent business people walking to there offices past my office right here on the corner of Gilbert and Washington so there's a number of people that park now with the new ramp here that's helped a part of that but obviously parking is very important to any location and choice being that if somebody want to build a office building looking at the d.t. and its costs associated with higher priced land and building on the outskirts where they can buy more land for less money and provide parking in that sense it's true. What I've found is that if we have an existing building that's either under construction or here available we find that to be a major attraction to business, industry they'll look at it. without that building if their timetable- they don't want to go through a long period of finding developers or go through that. They just go right on looking for existing space. So parking is important but I think the existing building would be a magnet towards some of the type quality jobs that we're interested in attracted for this community. NoV/ For example if NCS vacated the Boyrum Street building because they finished what they're doing on the current site and that were available including its parking and it weren't competing with a d.t. location is there some reason that people would want to be d.t. even though parking was available somewhere else. Kelly/ It would depend on the quality of job. It's what image you want. On the building over on that side of town it was converted from a warehouse, Harry could probably tell me more about that, to a office and it provides office space. It doesn't compete, in my mind. If we want to find $5.00- $6.00 a square foot space vs. $12-$14 square foot space. It is two different situations. We would be looking, again, for higher quality jobs that would substantiate paying that kind of rent whether they be lawyers, doctors, insurance companies. Those are the kinds of people that would want that kind of space vs. being out on the outskirts of town. They want to interface with the d.t. area. Nov/ It is a logical place for lawyers. It is very close to the Court House. It is a logical place to have a lawyer's office because it is close to the Court House. Kelly/ I think somebody mentioned, I read in the paper, I think it might have been Jim that mentioned that there would be a lot of shifting going on. But that is positive, too. If some people move out of one space to move into the new proposed building. Somebody else would probably come along and take F021594 ~~ -.:~~,~,~~--~ ')." ", - -~ v'- :, Q" ~. . ,--.,--, o \ )S ! 10. - ",~ " '" ''', .' ':('r~:~' ,', .' ,"., .' ',it', ,', ''':''\,1 t:l. ' ,". '~ " .. " . ," . " '" ,. '. ','...',' , '-. . , ..".-,': > ::., :,-.; :~':'~:;;'~'. :~~ ,.' ,~:,::,..:.... ,.:;;, ,.';,.,;.. ....L...,..:.,."'-~,,.' ~.~.,..,,;i~.'..;::;,:.,___,.. ,_.,.._:_ .' , , . , , ' ' . , .', . _.'_M~',"""H}""""'\J~""",,,,,,,__,,,,,,____,,,_, ..'_', #6 page 20 that space. I think that is very positive to growth. Pigott/ Could I just ask a couple of questions of Mr. Kelly. First you said that you had received several calls regarding the office space available and you said that you had to say that we didn't have a lot available. And I wondered whether you could tell me whether they were in town calls or out of town calls or what percentage. Kelly/ Most of them were out of town calls. And the question, the way you said it, is that they would call and ask me to present a proposal of any existing buildings in the area and we would do that and a lot of times right now all of the proposals we are making cite no buildings at all based on the configurations that are being requested for. We don't have them. So we say that we have land available on a various number of sites that they would be interested in. We could find developers that would be willing to build for them based on further information. These particular people would then say, not all cases, we will keep that under consideration, thank you very much, goodbye. If they were in a big hurry they want an existing building. Pigott/ Okay. So you may be talking about new jobs coming into the community as part of what you are saying. Pigott/ The second question I had is the second statement you made you said that Mrs. Hieronymous's risk is that she is in a speculative venture and that it might be difficult for her to find tenants and she doesn't have tenants lined up presently for this. Kelly/ To my knowledge it is that. Pigott/ I just thought that I wonder what you think the risk is given the fact that you just stated that you do receive a lot of calls for this sort of apartment-I mean office residential. Kelly/ The rislt is that I am dealing in people that say that they want something but in what I do there is a long way from saying what you want and signing the lease and paying the rent and finding out after if they are financially able to handle a deal. So we go into those details. When somebody calls me on the phone- Bruno, if you called me on the phone and said Marty, I am looking for 20,000 square foot of office space I would provide you with all of the information. I would not question you beyond that at that point. Then when we got into negotiations I would ask you questions that would lead me to believe that you are F021594 o ',0,> , .. '.-', " ~ -' '.' ' " ~. . o j, Itt, ..,. " " , .: ~jj!j' , ..:~ ',,' I".. ,.,. "r' .,<,,\,\'':' , ., . '" '. ," , ',' " ~ , " " .' "':".ii,',,_ ' , , - ~'T ,j ., '" , .. .. c."" ,C,: ;..;;...,...' :..,"~.;. _, :_'._:.-,0'i.,~.',~ ,.:...,... _, _.., ' . ':.1: ; ,.-.' . , .. _~,_.._...~_,..."""-,<..'.l~_':":"""''1",'.,,,.~0.i....,,,,:.._,_,_::.:....:._ #6 page 21 financially able to deal with this project or who your business is or who you are, etc. etc. That is how we would work it out. pigott/ Thanks. " Horow/ Thank you, Marty. Kubby/ I have been waiting in line to ask Marty a question. I am trying to reconcile kind of the issue of free market analysis of this and that well, Frieda is saying in this particular project and we are all kind of focusing in on the specific and that is not really what the plan is about but it is just so tempting because that is the only specific out there. So, it has been said to us that this building won't go without the tax abatement because the rents are going to have to be at a certain level which is above fair market level and to get it going it needs this jump start so we subsidize. This tax abatement will essentially subsidize rents. So my conflict is that if there is such a demand for office space and the community really believes that 1-the demand is already out there or 2-we can kind of create demand. Say, hey, come here, we have got this great building. It is in a great location. That why couldn't that office space accommodate a higher rent. If the supply is short and the demand is high, why can't it accommodate a higher rent and be viable on its own. Kelly/ That is a good question. First of all it depends upon the risk involved here. The risk is that if Frieda builds the building she is willing to do 'that without a tenant. Obviously if it lays vacantly as somebody mentioned earlier for a couple of years without any tenants she has incurred a tremendous risk and a tremendous cost. What we are trying to do here, from my point of view, when somebody like Frieda wants to do something like this is it gives me an opportunity to help create better jobs. Very few buildings were built in your d.t. urban revitalization. I just moved to town when that all started or at least when they started talking about tearing down buildings and building Plaza Center One and the Mall, each one of those had tenants to my knowledge. They had tenants that were taking stores, taking floors, in Plaza Center One. This is, you are embarking here upon somebody that has no tenants today, tomorrow. Again, I am only speaking of the knowledge that I have at the moment. So, therefore, the risk is much higher. I can not-I do not know of anybody in the immediate area in the other cities that are taking this high of speculative risk. I think it is justified by the fact that there are no vacancies of any size around. But again, every time when K ::.. \, F021594 N ~I 'co ~_~- " ....- \, - ').': --- j "..,0. ,...;;;......"., ... . " " o i 'J t. \ .. ~> 10, " .' ;.~., ' '.,'1\::,:::." : , ," '. " ., .'. . ", " , ,.',0,.., "."" " :",:',:'f;'~'~, ~' ".,' ".,~, " ,I, '.j-" ,', , ,.-,...': ::' " ~ \ :.. i I, . 1 '-,',' '. '-,-', . '~ ',. ' ;.__. .:.i.I.: ~_',,_. ,^:'--'oo"'~~_..\W'_;l. '-'-~.,.:.,.....-.,____. _ . , ", ",' ,....' , , , \, ',',':-.........;.;.........,.~:..-.........._,..~..;..._~,.:...-..,-_. #6 page 22 somebody comes to me and say should I take that risk I try to give them the pros and cons to that risk. I try to tell them it is a major risk. The downside is nobody will come. This is not like the Field of Dreams. Nobody will come or hopefully we will work towards that. If you are willing to take the risk, I am willing to work very hard for you to find those people, those jobs. But again, there is no guarantee. I don't control anything in the process. I just facilitate the process. Therefore I have no way of knowing somebody is really going to come. Kubby/ You are saying that you think that the-you agree that the supply is low and you believe the demand to be high. You would be for the tax abatement to minimize the risk of that speculative venture. Kelly/ Because it would enhance the city. I think having that building d.t., if it agrees with your philosophies and policies are in this community, I think it will definitely enhance the d.t. area and I think the risk is worth taking but you need the support of the community. Kubby/ I guess we really take no risk. The city doesn't. Because whether the building is full or not full it is assessed the same value, it pays the same taxes. Kelly/ That is right. Absolutely. , \ Throg/ Marty, what you said about risk makes me want to ask this and I don't really mean it towards you. I mean it as a general question. That is would you be willing to invest $100,000 in the project and I guess what I am trying to get at there is that you know if somebody asked me that question I would say something like what is the return on the investment. And is there anyway I can minimize the probability that I will lose if I invest. So, it is one thing to say that it is a project that the city should commit to somehow and it is a risk worth taking. And it is another to say who is going to take the risk. Kelly/ Frieda is taking the risk. Throg/ I understand she is obviously going to do that. That is quite clear. e ~ Kelly/ She is the one that is willing to take the risk and I am saying that as part of our community we should support her in that endeavor because, again, the benefit would be to the community. In my opinion. And that is why endorse what she is doing. F021594 ~ 11 . {C--'~~- :.J , . . u' - .. .~ ";':~o.,1J', ,',,'/",','., t'. ',' ..:,,:,:,- ,.,;','.. " '1 '..' ".. . ","'.,.- 'I' ',' I t. l ~} , I o I , , . ~'d, ,-I, """',"",:' ;":"'/ ~,',.., LL",'" , .~, , ""1 " , , ',," ':" ",' '''''. . :.'~ ::":'i.::.,~'.:.:...,:';..:t~~~~;~~..,~,~:...-.;.;,;:~~_..~_,_, _...... #6 page 23 Throg/ Okay. Pigott/ Could I ask another question. Kelly/ I am over my time here. You can kick me out anytime you want. Pigott/ I am really struggling with this and I think you have a lot of good input into this and I guess I don't fully understand the way that people go about obtaining commitment for new office buildings. For instance, in big cities, is there an effort by builders to obtain commitments in general terms for tenancy rate of say 30% before they build a building, often times. And if so, why it is unfair for us or for anyone to ask a builder that if we are to grant a tax abatement why would it be unfair of us to ask that person to come up with that same sort of say 30% occupancy rates ahead of time. I don't understand enough about why that would be impossible but I would like an explanation. "'-~ , i I Kelly/ I can only tell you in the big cities you will find that most of the big developers will find tenants, secure tenants, whether it be a mall or whether it be a office building before they commit to build. In this case you are very fortunate because Frieda is willing to take that risk without that. , ....--' I, " ( ,I ("'\~'.' , 1 \ ' I', .' Pigott/ You will have to ask Frieda that. Kelly/ You will have to ask Frieda that question. I am not answering for her and I guess her bankers obviously have to agree that she has got the finances to take a risk as well. I think she is more qualified to answer that question than I am. I am just saying that you find somebody in your community that has that much dedication to you town and city and wants to do that I think that is much better than a speculator who wants the commitment. I mean a lot of people come up to me and say Marty, you find a tenant for me and I will build you a building. That is not much. If IBM wants to come to town I will build them a 50,000 square foot building on a ten year lease. That is wonderful. But I more interested in somebody who is going to take the risk with the idea that the building is here. Then we will go and find the client to fill that building. Pigott/ If I were a banker, though, and was about to loan money, wouldn't I ask that- ~ '. I , , b I I~"~ , i~1 1.1 ~"O/. ~l: Kelly/ Absolutely. That is a question-I am not a banker so I am not going to answer that. F021594 '. ! o \ , 0 ...... ':J;'~: ~::/,~ \ ~/,? ""::;,, : ,.... " , . .'-" , '.1 " ,. I ~ ~, ' .,., i I I i ] I . I .' I~:'5',',ld;. ' ~, ... . """--,~"':,":' ,>',::, , .""",1 " ':":', : ",,\,. '"t'll' , q ". ',. ~', J '.. " " ,~>:' "..:,:.'" ,~ . ',',...\'. '\ ' ' "'1 " ".'.;..... . .,' I','; " , " ,. ':~' . " " '. , , - " . , . ,',;_,_:..,_,....~.:.'.:.:,~J.",i;,::.\:',.::....:~,'"".:..:""',.......:.~.:._~__~_._._, _. #6 page 24 Horow/ Let us move on here. Lehman/ Susan, I have a question. Linda we are talking about a three and half block area. Is this correct. Gentry/ Yes. Lehman/ We are not talking about one building. So most of the conversation has taken place tonight has nothing to do with what we are talking about. The feasibility, the viability, the risk. I mean that really is none of our business. We are talking about an area and whether or not it is a good idea to designate this area as a special zone. Gentry/ That is true. You are not approving the specific project. As Karen said, it is easier to focus our human minds, as feeble as they may be sometimes or as overwhelming, on something specific. Lehman/ We are looking at something much bigger. Gentry/ Yes you are. [" ..\ -.} c )\ \ ~.. ,~~ , , Ii I I" I I , . I I Throg/ There is a related point, Ernie. It has to do with the process. I think part of the-what we have heard so far tonight is many people referring to Mrs. Hieronymous and we didn't start that. The first speaker made some comments like that and the flow just kind of went that way. Further when we loolc at the application for the revitalization plan it was driven by Mrs. Hieronymous's proposal. So in some ways we have the process backwards. If we were doing the plan first and being ignorant of Mrs. Hieronymous's proposal, then we wouldn't have it complicated by allegations about personality or whatever else. But we are where we are. Lehman/ We are looking at three and one half blocks. Throg/ Absolutely. i (;' : I". Horow/ Frieda. Frieda Hieronymous/ Risk that is something that is foreign to me. I have been doing it for years. It was a risk when I took on urban renewal and it was a very long and very painful process but it got done in spite of all of the people who said no it can't happen and all of the people who said I would vacate the d.t. and that it would stand empty and as Mr. Kelly said, what happens is yes you will get some movement. Somebody else will come in and take her place. .1 , . : I ,\irJ',j ',; , If F021594 ~< /!:~~'I. '!.j,r I. \t "'-' o , , iQ,>. "I', ;,: I I I . j" , ,.' ". , ,."'.' - , I o I,.' 5 ,; a OA': :"..... U , ,,:, , , ,",.-"':" .,.. ,"", 1\' . ,;" -> t1 , I' , , I I I I I ~ Ii I, , I '-j 1 J.~". '.... ~: ~:. ., c; ~co . " .- ,,'\.,_,r '," ':, '" :'.', ".,.-, . , ~ '~f ',~ f:,' ," .",'. ,', , , .~J " '" .. " :.' " ,:' " ,..."";,'" "l'.' ~ \, '':, jl, , . , '..,0. . , ' " ""_4...~~~~,i~l'~~;'.i;c;;:.;,~."..(."~.....;...,,,,~.....;,,.,":"~_._~,_...,_'_'._ _._,_....,._ #6 page 25 Then the result is that you have a great many more businesses d.t. than there were before. Not only that but the businesses that stay put had to refurbish and update and make the necessary changes to compete. That is what competition is all about. The one thing that I want to be sure that everyone understands is this tax abatement abates the improvement. The taxes on the improvement only. The taxes that I pay will stay the same. The taxes that I pay will stay the same whether this building gets built or not. Tax abatement helps the tenant. The tenant pays the taxes. And by making the rents less expensive for the tenants the buildings will fill sooner. It will provide jobs more quickly. It will provide improvements more quickly. It , will accomplish what I think we are all trying to get done. It would even induce somebody else in the three and half block area to try to the same thing. That is what we are after. It is not my idea to make this my project. My husband keeps saying tell them it is the whole area and I am telling you it is the whole area. But none the less, the proposal that we had, I told you some time ago that when I get ready to build this building I would hire the most efficient, most imaginative architect that I could find. I truly believe that I have done that. I spent months interviewing architects before I picked Cal Lewis. I think that we will have an energy efficient building which we are all interested in. We will have the building that everybody will point with pride. We will remove a blighted area. My husband had constantly reminded me that I won the worst looking block in d.t. Iowa city. And here I am spending all of my energy and yet I still own the worst looking block in d.t. Iowa city. Frankly, I had these leases all put together so that I could have done this five years ago. But the market wasn't ready in my opinion. So I gave them all new five year leases. The market, in my opinion, is definitely ready. There are no large office structures available and that is one thing that we definitely should have in Iowa city and don't have. We should have some insurance offices. We should have some medical offices. There are many kinds of tenants that are looking for space and it simply is not available. I don't have any. I don't know where all this vacant space. is. The minute that somebody suggests they are going to move I am besieged. So I don't know where all of this empty space is. I haven't made any leases because it is not my way of doing business. I am not going to tell you that I will provide you with 5,000 square feet of office space in a building that I am not sure that I am going to be allowed to build. And let me tell you quite frankly that I will not build this building without tax abatement because the rents will be too high. I am sorry but that is what building costs are today and I am F021594 -~ r _ -- ,. .......,..~., "q,,;,i)':' -",' ." ,.. ~ -.., I 25 :), 0.. '. I ,.10, :,'-: ;'. .',.", . ~ ,I , ',~ .' I ~' ' .,._..,_,,__.._.._:,__c__,'_ ~ . , " i " #6 page 26 ~ ; .', , , more fortunate than most people in that I already own the land, free and clear. So I don't have to include the cost of the land. I am talking about the cost of the structure. The kind of structure that Cal lewis designed, the kind of structure that I want to build. I won't build if it isn't the kind that I think Iowa city would have because I suspect this building to stand there at least as long as I have stood. So it has got to be first class and I could give you all kinds of reasons. I think most of them have been covered. I would like to call on Cal Lewis and let him show you what we are proposing but please remember that it is the whole area. I don't want to be the only one out there doing this. I want the whole area to develop this way. It is the only way that the d.t. can expand. And if we don't expand our d.t. it happens on the fringe and I keep hearing you people say you don't want fringe development. So you have got a choice. You either have to allow it to happen d.t. or you are going to have fringe development. I built two warehouses, both spec, they were both leased before I finished them. One of them is being used for the offices that you spoke of. That wasn't planned. It just worked out that way. And it provided 50 some jobs so I can't knock it. I just think-my biggest pr.'oblem with all of these delays is that we have winter in Iowa as we are very much aware of. And it gets very expensive to build in the winter. Now when it comes to retail we would like to have this space ready for their tenant improvements by July. That gives them an opening in September when school starts. If we can't do that then it gets more difficult to lease it. If we can't do that the tenant is going to miss out on the beginning of school and all of the sales that are associated with that. . That is the retail tenants and they will possibly miss to on Christmas because if we can't get this building far enough long before winter sets up we simply have to close down and wait for spring. And that is expensive and it is wasteful and I just urge you not to go that path. I hope that you can get all of the questions answered that you want. I would like to call on Cal and give some of idea of what we are trying to do unless you have some further questions for me. j ,) J ,.-'-' \ ,~, 4 , , . ' ~ Kubby/ Frieda, what I am hearing you say is that building is not viable on its own. : I j I~" i \ I 'I ~J Hieronymous/ I don't know how you make that interpretation. Kubby/ without the tax abatement. Hieronymous/ without the tax abatement the rents would have to be so high that I could not convince the banks and I am pretty F021594 \'~'~ " (Ii ,. F ':". ,. ,', ~ , 'c::-o ." ~. - A--=L -=- ~ . ':) ".-', ,,', , ,';' , , ,,', ." (~', ',:,,;:"',:, :-:;:,,: '(: ::: ~;"~" ,.-' , I; ;',~ \' "', ""Q.",." ",,~, , ' ',' .. " " ,', ..:,.-' , "~ -.., , , .,;, o T'" :'1""( }5 ,;uO> ^"l;" - - .,...', ., 1'\ ',,', " I':": ," ( ;;~" ", ~ ',' "t' :"\1 " 't., ." . . . ~," ,. ,.,. ,. ,;" , , ,. I:' , "- "',' :,'~..., ',.,.....t, . , ' . ,.,.' . '. , ,': ' ". . , ,. _ '. "~~~""H-->""-"'''~~''''-''''-'' '''''''--''~''''''''' ~_.____.~._ ,. #6 page 27 convincing. I could not convince the banks to lend me the money. KUbby/ Okay. So you are saying that you can't. You don't think you can tenants on its own to pay that high rent so that mean to me that it is not economically viable. That is not necessarily a bad thing but I want to be clear about it. Hieronymous/ The banks are saying these have got to be-they have got to have rents low enough that it will rent up quickly. Kubby/ So, I am hearing you say that we should subsidize rents for doctors, lawyers, and insurance agents. Hieronymous/ No, you didn't hear me say that but that is all right. Kubby/ That is what you are saying the kind of people that are going to rent these places. Hieronymous/ No, I didn't say that. I am sorry, I didn't say that. I would like to see this building leased mostly to large blocks of tenants because it is those kinds of tenants who provide the most jobs. Kubby/ Maybe it was someone else who said that. Throg/ I think Marty Kelly made a comment. Kubby/ I thought that you had repeated that in some part. Hieronymous/ No. Kubby/ Thank you. Hieronymous/ If I had my choice I would rent it floor by floor but I may not have that choice. Throg/ If there is so much-if there is so little vacant space in the d.t. area why would your building be risky. Hieronymous/ Because it costs a great deal of money and interests costs go on whether it is empty or full. You see there are costs that I would have to pay whether there were tenants in that building or not and certainly the first and foremost is the mortgage. The reason that I can borrow the money that I can borrow is not because I have money. It is because I have a credit rating that won't quit. I have never once failed to carry through on a promise that I made as far as borrowing money is concerned. So that gives me an advantage F021594 o o ',',\ " I I I I I '. ,.. I , ':' o . js ~d. , ' ',:',F'':::':,':,'''~'~ '-:1,<,' '" .~~ ~. ,....-~ (, C~\ ~ . 1 ~. i ; ! I i , , ![J ~~ ~! , -.." ~ ';,\ " ., ...)')t:,\I.: . ' , ',' ~ ." ,'. . , '".,'":';.,... ,0 1 , .' ..,,~,-,_:.:.......~'.......,;;.,...--'..:.:.:....~..:.....-_._,-~_._, #6 page 28 over many other people. That comes #1. I hope that helps. Kubbyj You are talking about a maybe a telemarketing. Give me some examples of businesses that need large blocks. Hieronymousj I would like to see an insurance company come to town. They don't pay $4.50 an hour. They pay good wages. I would like to see a medical supply firm come to town. Again, I would assume that they pay good wages. I have nothing in the world against part time jobs. The part time jobs that I am so pleased with in the shopping center have enabled a great many kids to go to college who might not have been able to go to college at all without those jobs because they are not high paying jobs but the difference between yes I make it and no I don't. So I am not going to knock those kinds of jobs. Kubbyj So with the example with the insurance company then with tax abatement you could subsidize the rents of an insurance company for short term. Hieronymousj That abatement is only on the improvement. That abatement is the first two years it is 80%, then it is 60%, then it is 40% and even in the first year, even I the first year, using the city's own figures the taxes that that building would produce are three times what I am paying right now. You know, you have got- Kubbyj I don't dispute those futures at all. I just want to be clear that when people ask me questions that I am clear about what your are asking the tax abatement for and you have been very clear saying it is for subsidized rents. Now I am more clear about the kinds or businesses that we would be subsidizing rents for. Thanks. Hieronymousj May I invite Mr. Lewis to the podium. pigottj One point of clarification on language and that is whether I will be allowed to build here or not. In fact, you are allowed by law right now to build and just what we are giving is not a tax give away. We are not writing you a check. That is a tax abatement is what we are giving you. We are not-just as that is true, too, I just wanted to point out that we are not denying you, by denying a tax abatement, your right which you have under law right now to build in that area if I am not mistaken. Hieronymousj I would have that right if I could get the loans but the banks are telling me that it is not a viable project because there is that period. And so I don't have the right F021594 o , ,0 "',,,.... ':", . ,",' ,,I,.., ~," ' . \ . .. . \ "'-' ,I . ".. , ", .. , , I , , I -- ,-..-"'..-...-......,. ?5 10: ,." ,,'I _:c~_- " '" " ;E' :...,/" ",,', r \ ~ I : I I 0-1 " J 'I ..\ " :'~ . '","" ".:" " "J'!')',i '. , ,":, , " " '~.'" , :', :'.~ ~\ I,:, , ",... ",.r"" ." " ;~. ",I, ,.,., ',....;i: , , .~'. .,;, " . . _.:..,~~.."_~~""._'w"....'.........."'...:_,.._._~,:..., . #6 page 29 you see. Thank you. Cal Lewis/ I will take a moment to set these up so you can see the material that we brought. I would like to clarify something as I do this. (Can't hear). Thank you very much. If you wouldn't mind distributing those plans. They are the most current plans that we have of which have been changed since we met with you several months ago and have been cut back to not include the early vacation in an attempt again to streamline the project and try to be in as little conflict with neighboring businesses as we possibly could. To again respond to the-before I get into the specifics of this, this is not about rent subsidy. In any project, no matter how successful it is. No matter how many potential tenants you have. Any new facility goes through a period of vacancies. It starts at best, even if you have 30% commitment, that would mean 70% of your facility is vacant the day you open the door. That is the reality of opening a building and doing business. So really what you are subsidizing, if you are subsidizing anything, is the vacancies. Is the ability for a new developer to take the time that generally it takes to fill a new facility and so you are not literally subsidizing the people who are renting the facility. You are basically subsidizing the fact that it has to go through a period of vacancy even in the most highly competitive market and available market and that is really what-and that is why the abatement also decreases as time goes along because the likelihood then of that property being rented increases. So that is the structure that many of the cities have adopted it in that way and that is why it is set up in that fashion. To tell you more, I realize this project or this discussion tonight is not exclusively about this project. It is about this area in general. I wanted you to be aware of what kind of project is influenced by your ability to have the tax increment financing in this zone. To review quickly, the plans we do have a lower level basement with some parking in this facility. We have a main level, the yellow, is the main public space. We open it up to Burlington and clinton. critical thing we have been working very closely with the city in trying to deal with staying open to the three fronts so it is a very interactive public environment as you can see the pictures. We have set the building back the ten feet that it is required but we have maintained big open expanses of glass in the walkways so there is an interactive environment and clearly, even in the expression of the building, there is a retail space at the first two levels and what is office space at the upper two levels. It is even relatively clearly identifiable from looking at the building type. Each one of those kinds of functions has different needs and therefore, the exterior of F021594 lL'<I'va. "'-, ,- - ',Q>J',.' .- ,- P' . CD i ')t. .w,; '\0) Jd, ~:..,~.:\ ' '" ,",," "t;'" ,'. 'i' ~. :." '.." ~,','.r"' '~', '.';' . ',\~': ' ..:"!\.-\'f,:' " . """ " ,. '" . '~~; ,', ", , ..'..,.".:,...'" ':', ... ,.', ~.~ ': ", .' " , , ;4" , , ' , " " , . " ":'" , ' """'" , ~:';::'~~;:, :;",~:,;;.,.;~~;,~:; _... ,,;~:L:,!.~ ::.;'.:,J..:-'-;';i~':';::''-; ..;-:,.~';":';':L'.1~~'~":""'_"._''''' ,_,~_~__:c,',~, rl , 1 'I I, ~, " }ll'" " ., ", I' \ ,~ c- ~ "L 0 . ---. , " " ' " ',', ,': ; ",,' :",'" "," .. "" "-~+-"""'-"""'''''''''''.'''''~-''''~-'-----'.' #6 page 30 the building addresses those needs. But I think the key thing is the vitality interactibility of the streetscape itself. Trying to make an environment here at Burlington and Clinton, being the two key streets of d.t. Iowa city, and we are trying to really activate that corner and give this whole three and half block development a corner stone from which to build the rest of the facilities. And so the identity and image and character that you are establishing on this whole new southside of d.t. is really begun to be established by the identity of this building at this key focal point. We have tried to take very very specific advantage of that and come up with a solution that was open and responsive. Again, under the guidance of the staff and working closely with the staff with their goals and requirements. In addition to that, the building is upside down-the building is an atrium building that goes up through the entire five stories of the building. The reason for that is to create daylight access to office space. On the interior of the space that is a very energy conserving access to day light. Office spaces need daylight access in minimum amounts and you can do it either on the perimeter of the building or the interior of the building. Doing it as a combination of perimeter and interior is a much more energy efficient way to do it and so we have done it in that fashion. Also there is a tendency to unify the retail and the office building portions making each more viable and making a quality public space so that each has access and the public in general has access to. The other critical aspects of the contribution to the city has to do with how we are trying to deal with the scale of the building. As I said before we have broken it down into parts so that this is not overwhelming. We had to deal with an image and scale that is consistent with the other architecture in d.t. Iowa city. Horow/ Mr. Lewis, I would interrupt you a minute here. Based on the motions that we have made this evening CHANGE TAPE TO REEL 94-37 SIDE 2 plan. That being new construction after the date of the adoption of the plan and subsequent additions to the buildings or the fact that it would have to be submitted to the Iowa city DR Committee. In other words, the p.h. right now is on the planned area for the three and a half blocks and not specifically for Frieda's project. Lewis/ And I apologize for focusing on this. And the reason I did that only and I will actually- won't make a comment about those things. But I will make myself available to F021594 ~-~~- - .."q'iJ:" .' ".. . - o 1,5 10""',:. I ~, ,\..,'1 , " ~ ;~ #6 page 31 answer any questions you have about it. Was to just give you a sense of what can be accomplished or what is able to be accomplished you know with this kind of a program that would not be able to be accomplished otherwise. Horow/ Thank you very much. Are there any question. Baker/ I apologize for missing the first part of your presentation but tell me again, how much parking is involved in this project because it leads into a question about the whole zone. " , , Lewis/ Again, there is no required parking as you know in the zone. We have parking at the lower level which would be parking primarily for limited parking for tenants of this building. It would not be for customers necessarily or people coming to use the retail facility. It would be primarily for office tenants within the facility. r-' L ' \' , ; ! (~\ \J I..~ 'I'j Baker/ How many spaces do you have. Lewis/ I believe there is 29 or 30 in that range. Baker/ You are providing 34 or 29 spaces assuming that will take care of the employees of this building. Lewis/ No. Again, this is basically parking that deals with a very limited amount of the usually office space and retail tenants. Usually maybe one stall or two stalls per tenant or per company. Again, large floor spaces with large tenants might get 5 or 6 but it is very limited in terms of the parking that it provides. Baker/ So what is your building assumption on where if that building gets full of tenants where they are going to park. Lewis/ Our assumption is that whatever is available in the city of Iowa city is where they would park. Again, we did the Kaleidoscope in d.t. Des Moines. We could not be responsible for or have any awareness of specifically where anyone of those tenants are going to park. In terms of meeting the ordinance of the city we are assuming that that is the critical aspect of making this work. Baker/ Your development would be helped by close proximity of available parking and the city is planning to build, now, a parking ramp somewhere south of Burlington. So the closer the city would put that ramp the more attractive that building becomes. This is a hypothetical leading somewhere, trust me. " I I I ~ i I ! , I , ir.~ I"~ i I : I . , II ',I,., ~" ~, j'; " ~.~;.:".." " ~:i ~', ' ~', "r,. L_~; F021594 ~~c~ -'0/' J- - ..::..::'>'-0...",.]. ,.;.;":,;,, .~ ,.': ::',~..';W..'" :-l'~~, '<":"":~ :::.''., '\ . ,; , I ~ ",. ~' , ',' , , , I , I l '\,~'~',.I'.O..i, .... ",) , ~':'. "\' , ',' , ' " 'i':-" ~. .' . . , , " ',' ," ~: '~. .~,:~~..;':'~,~i""'~':.''';: ",-,;~~~;~..""".~.~~~~~:..~ ;.,,__~..__, ,_ #6 page 32 I I , I 1 ~ I I Lewis/ I would say certainly, as was discussed earlier, the availability of parking to this facility or any d.t. facility is an asset. So yes is the answer to that question. Baker/ My question has sort of been developing as we talked tonight. It comes out of the whole concept of the zone again and not this particular project about what we want to get out of this zone and the incentives we want to offer but also the participation of any potential developer in the zone like this. I am wondering if there is some way that you can, as part of the revitalization definition, trade off with tax abatements require some sort of participation with public amenities for the area that improve the whole area but also provide a benefit to this particular development. Lewis/ There actually is part of that built in the ordinance right now having to do with floor area ratio. Baker/ Explain that to me. Lewis/ You have a floor area ratio within in this project which is the proportion of built area that you are doing vs. the site area. In other words, including the basement this is part of the new discussion. If Karin were here she could explain it more clearly. This is part of the new modified ordinance that is being ruled on by P/Z or being reviewed yesterday by P/Z. I will answer it the best I can and if I make a mistake Karin will fill it in. In what is allowed as a minimum again is a four story basement including the basement or three stories above grade. To get more than that you have other amenities defined by the ordinance that you have to deal with. One is if the building is brick it is considered an amenity and you get an asset for that. There are other general discussions about overall site amenities that you can get point toward doing more development on your site if you in fact meet the predetermined site amenities set up by the city. So in a sense that is already built in the system on the floor area ratio basis. You can either build a minimum floor area ratio. If you want to maximize it and get more on your site then you are obliged to deal with some of those other issues to meet the city guidelines. Baker/ The more floor space, the larger the project- Lewis/ The more you are obliged to do the things that the ci.ty sets up as their assets and their goals and requirements. So that is built into the system already. I I," @. , I '. F021594 o ( , . ' \'''' 0' "',"'" , "'"./: ~!, 11 s \; I 0,. . .' ,\ ' " '~..' f".' "<':~\.", ,'"r ~., " . ~ ." .. . ',,:..,~: .,"" "."t\\"t' , ;- '~, " ',' ' '-,,", '!' . I I ';~. , " , ' ' ,. , ,~, '.:' ",,~., '1 11" , ", ' ' " ~--,:, j:';,;,;' ,~~~,,';.:.:::'':;'''';'''_:';':~'';':~'-':;' ,~:'i~ ~,~L.. ~~.....,_......:.~ _...,. . < ~ :' " ,:", " : ...-.'_ ~.......~"",~,..../O...,~'\.u.",,:"""~.i;~...~ ..:,:....._.;...,.,_ ~_____ #6 page 33 Baker/ Did my sense come out in this discussion about in terms of the whole area why haven't we been discussing some other kinds of tradeoffs or some sort of pUblic private cooperation or- Horow/ (can't hear) of the whole area. Kubby/ Because the underlying zone has that aspect in it. Are you asking for further pUblic accommodations with in the zone that would receive tax incentive. Baker/ As part of a revitalization project we are offering an incentive in the form of tax forbearance-foregoing taxes. I would like to see us think about some sort of plan that requires-there is some incentive for the developer to participate in what we perceive as other public amenities for that area in addition to the floor space ratios here. We have got the Heywood Bell Building putting money in for the parking ramp. Hasn't been built yet, we got the money. I don't know. Once again these are financial questions. , \ Gentry/ It is already in there. The parking impact fee is already in the zone down there. .0 Baker/ So what is the parking impact fee going to generate. Franklin/ The parking impact fee relates only to residential uses. What you are talking about providing something in the plan where there are additional things required of the developer if they are to get abatement. You can do it. I think what you have to ask yourself then if you are providing abatement as incentive to redevelopment in this particular area, if you then burden that with requirements are you achieving your purpose. r.. Baker/ I understand and that is- Franklin/ That is something that you have to evaluate depending upon what you are talking about adding on here. Baker/ I don't know how razor thin these financial considerations are in this particular project or any potential project. I just though I would bring it up because it would make the whole concept of the zone more attractive to me. But if this were residential they would be paying-give us a figure if the top two floors of this were. Franklin/ If it is residential you pay $4,000 a space for half of your requirement. ~ , F021594 \ \ , \1 .....<Lnf!lI.'I!l'I ,-'- =~ -....'v-, ' . .Q,....,.),". '"" ,Ie, _".~':'/' '\ I l~ " Itt c. ~'~ ." "', ~:~,C,:.'\'.;, . ;'.._':~;"'" " ,',' ' "" . <, ; , :, ,0:, . "/'" . " ,"':,' . :::;I-'-.~:"~;~:"'~'~"~""~"";'~~~'~~~---'-"''':' #6 page 34 Baker/ But there are no requirements here. Franklin/ That is correct. That was purposeful. When this zone was adopted parking for commercial and office spaces was purposefully eliminated to treat it very much like the d.t. There is a parallel there and to provide an incentive for commercial and office space to be developed here as opposed to residential. Residential was allowed, it is permissive but it is not encouraged. Kubby/ I hear what you are saying. In terms of the formula for tax abatements that is set out by state law and that maybe by requiring some extra things on properties in this planned area that it tempers it. It doesn't eliminate it. Baker/ I am trying to figure out some way to do this without killing the project and I can't do that. Nov/ Can we continue the p.h. and think about that issue. Baker/ That is where the discussion led me. Horow/ I would like us to consider continuing the p.h. to March 1. Nov/ I see someone leaning forward. Does this mean somebody has something to say. Baker/ I don't want to close it if somebody else wants to talk. {" ..~ \ ~r' , ' Horow/ We have even at this now for an hour. Pigott/ But if someone made a special point of coming down tonight. Kubby/ We have been asking questions of people and have extended their five minutes. If think if people are here and if they have something to say they should each get their five minutes and we sit here if we have questions. ~ : I , I ! It; I' II II \', "J li~.; ~~ I Co';' Throg/ Why don't we just not ask questions and - Kubby/ This is a crucial community discussion and I think if points brought up it is important to do. That is what we are here for. Harry Wolff I am here this evening as a representative of the Chamber of Commerce Board of Directors and also as a member of the Downtown Expansion Task Force of the Chamber of Commerce. A few short weeks ago we were provided an F021S94 o , '\ ,<: , . "~' . .. . ,'. I ..1 i I , I ! ~. . ,- i ! ! ' I 10 )'5 10, .,.":".,,,,'1/," .':'i' ~,' /0,'.',:/"'1;' " ,--';' . .' "r " ,',",'\11', A ':"','t",,. . '.~ ': . ".. , , l:' ,.,..... ~ , ....,,: ;, . , " ,- " , .. ,___,.;,";'~"""'<",~N~.J.~,'I.,~-;:.,~"-:,~~"..,-2'~,,.~.._,.:..~,.-_._~,.,._ #6 page 35 opportunity to review this revitalization plan and possibly consider some input on it. 'I have prepared a letter that I will give you after I essentially read it and then share with a couple of other comments. A couple of quick comments before I read the statement. First of all we did have a relatively short item to review this so our position is less specific than perhaps you would like it to be with more research. Our comment I think will allow us to back up and look at this three and half block area as an area ignoring specific projects this evening but looking at what we believe to be the merits of revitalization. And the last thing we will do it put to you, many of you are new to council, back into perspective, what the Chamber feels it's role has been and will continue to be in the area in the expansion of the d.t. area. (Reads statement). That is the end of our formal comment. Again, the task force has not had an opportunity to meet and really actively become a participant with the writing of the redevelopment plan or the revitalization plan in front of you this evening. For that reason we cannot speak specifically to the merits of that particular plan. But again, we do feel it is consistent with the redevelopment plan that we were actively involved in writing or providing input and for that reason we feel the council should move ahead with a revitalization plan that you feel in appropriate. I would be happy to answer any questions. Kubbyj will the committee be meeting the next couple of weeks. It sounds like we may defer. Wolfej The task force is a task force and meets when there is a need to meet. And again, because of the conventionjcultural center we are sort of on notice to talk about that issue and clearly, if we had an opportunity to talk about this issue we would meet and do that. Kubbyj I would really appreciate it if that task force could meet and talk about not just the plan but the issue residential. Should we have no residential, some, and if so, what is the appropriate ratio you feel is warranted and why. That would be very helpful to me personally. Novj That is just in terms of tax abatement because the zone as written contains residential. Wolfej We have, as some of you may know, been very active in the input of the zone and the appropriate uses and clearly we had some input on the residential uses in the zone. I understand the issue of the abatement vis a vis residential uses and we could explore that issue. F021594 o . , ..',n , ,,/.-,,"t' , , I ,.. . , ' .. - n. v , I I )5 I let ,'," - .;::.'. "",,' ,~', ,,', ' ~:..' i"~ J.', ,...- " ,\ [\~ ~~ I I " i .Ir, . i . , \ i ~ ,}~'....~'.';. ", )i.ll11 " :VJ!, 1 -~ 1, " ',',;,', .',.,'t':,',' '. ,,' \'~j'i ' ~~. ." . ;; , , ': " ,i,',' " '.0;' . '1 , " " , , , . , ;..:.,..:..:,..".:::.:'..,:~;.;;~ ':,,:.;;~,;~<:.:'.:-,~,1~:~~J:~'~.::.~,~;.:~....~_..__, ,:. " , ", :,",' .' ,,' . , ,_~,_..~~......w.:'2"~'''''o.-.:..I'~~'',,,,",-,,,,~,,_~',,:_..,,_ #6 page 36 Kubby/ Thank you. Pigott/ Thank you. Horow/ Anybody else. Thornberry/ I have one real quick question and it is a question. If this tax abatement is approved for this project in this zone, would the council consider tax abatement for other projects in other zones with blighted areas. Kubby/ We have in the past. Thornberry/ Thank you. Kubby/ Would we consider tax abatement in other blighted zones. Throg/ We would have to define a zone and follow the same kind of procedures we are going through now. Nov/ Linda, I have a couple of technical questions. Can we get a quick answer on these just so it is part of the p.h. before we actually close it. Okay. After Clyde. Clyde Guillaume/Good evening. It has been a while to get here tonight. I am actually wearing several hats this evening. I first want to start as a member of the business community. I am here to encourage your support for the urban revitalization areas south of Burlington street and to enact a tax abatement policy to encourage commercial development in this area. The southside development plan, as Harry mentioned, was adopted more than two and half years ago yet we have not seen any commercial development in this area. Why is that. You asked that of Frieda and why her new project would not make it and it is because of the cost of developing in this area prohibits from getting new individuals into the area as they are developed. They simply won't come. I think you were trying to get to a point earlier Karen that even if it is higher priced if there is such a limit of the amount of office space why won't they take it. They can go else where. Other cities, other communities and pay less cost and that is why we don't have that great of demand here for or that great of a draw for it. The original intent of the southside plan was to help expand the d.t. area and this is the only area that is available for development. Yet the only projects that currently can afford to develop there are the apartment complexes that have been addressed tonight yet they complicate the other problems of this area and that is parking. If this trend continues there will be nowhere for F021594 o /1\ " ,",,\:,jI ",', :!,: II""'" " j/" I , j I . " r 'i t.. .. :'1 \ ~ [], """ ' 5"3,', ,- ,', " ~'"'.' " '}.' : '., "I' ,":",,\\1,; " . ," , ". ,'I ' " , ""'1, :.,' :; , ..,,':...... ,': "'.',~i'", , ' '" . , . .,'.:."',~"',"_.....~.,,.....~..-..:.._.,'-, -, '".',)~2~__,~_,,,_.",u.. ,"..' ,.' ':" ."",' ' " ,', c__...~;.._"........,J.r"",...!...";"~;':.r.:~-.',;\.;.....~:",;~~...._":"',.."'.__._.._.. ,'__ #6 page 37 ( J r-"-". , d.t. to expand to and I ask you if this is your intent. Many of us have talked about managed growth. Nothing will further strengthen your statements than tax abatements and encourage development in the area that we all want developed. The truth about tax abatement must be told. Tax abatement is not a subsidy for rents. Tax abatements is not a gift for the rich. You can't give away what you don't have. It is a way for this city to expand is tax base each year encouraging redevelopment of an area that needs it. Additionally these developments will offer new jobs and opportunities for our citizens and strengthen the d.t. as a whole. Secondly, I wear the hat as a representative of Mid America Savings Bank. As a Chamber member, participant of the d.t. and community partner and substantial tax payer of Block 102 we support tax abatements for the southside urban revitalization area and we specifically support the Hieronymi Partners Project of Block 102. Many of you will agree that the majority of the block is in need of improvement and Mid American welcomes a new attractive and well designed building for this area. It is long over do. with two main thoroughfares intersecting at Clinton and Burlington Streets a new commercial retail office complex, as proposed by Hieronymi Partners, will project a very positive and attractive image for Iowa city. In addition, this project will offer new opportunities for employment and with the right tenants will offer higher paying qualified positions for our unemployed and under employed individuals in this community. Lastly, I want to address the council on a personal note as a property owner and tax payer and I say to you in all seriousness how dare you. How you dare you under the guise of doing what is best for the city and its citizens attempt to implement a commercial pesticide ordinance for the last one and half years at a cost of by some estimates of over $100,000 of tax payers money for what. Larger signs. How dare you then suggest there is not enough funds to support the needs of the library, a true community pride, and the Senior Center and their volunteers to help shape and make this community for what it is today. You have an opportunity to redeem yourselves now. You have before you to broaden the tax base now and into the future without creating the urban sprawl that some of you are afraid of. The increase taxes on the Hieronymi Project alone are enough to support the requests from the Library and the Senior Center in the first year. Future developments with tax abatements create similar opportunities and may make the cultural center for Iowa City much more feasible. It is time to put aside personal agendas and do what is right and best for the city. Any questions. \ , f~~ '.f' i I' I i i I I ! ! , if,' : I"" i , , , ' Ii 0-.i.,) '1# :J- F021594 " , -' ~"~,, r,~ <, I:;' "".' ;~, ~ '-' ~(( ~~~~~:~' ~ -= ~: ..').'., , ' " " .-, - " ,'0 ,:, " ,- ~',; ,.. " r .15 ",' i I i CD "', o '" ", ',' ,"" , ., .. ~".,'-"'" 'p"", ") " ~,:. .':,;'<, ",' ."tw,., ~ '. ~ . ,".: / ",.,;...." ',.."','1' "I, ;/,; " ," ,I "':''.l: ..,;,"......' , " . ", , :, ~:,-,: ~'-.'..~ _~...,..~ _ ,'_,. ~_....~~ ~.........t....."--:~. '~....'-._..__ , " ,.' ,,'.',' ' ' ..,.~"..--,:..;.,...,.,....,"""".....~..,'~,,-,._,-.-._-_.,~-_.. ,--- , #6 page 38 KUbby/ Linda or steve, have there ever been any estimates of how much our ,pesticide ordinance has cost the city. That city figure has been thrown out many times. Gentry/ No, I have given some estimates on my time but there obviously- I have made no estimates in cost. Guillaume/ The main point is there have been excessive costs. Horow/ Lets keep on track here. Guillaume/ I don't want to get off on the ordinance. The point is that there was excessive costs on that- Kubby/You make a charge or you make an inflammatory statement that is not based on anything that we figured out. I think it needs to be clarified so that I can hear your point more clearly. Horow/ If we don't have that cost right now let's keep on going. If we can find it then we will get it and get it to the public. Any other questions. " " ( ",,'i~ \ Throg/ I think I would like to come back to Clyde for a question later on after we have other people-give other people a chance to talk. Tom werderitbh/ Good evening, I live at 3 Evergreen Place. On a lighter note, thank you Madam Mayor for allowing us business people to toot our horn. We need to do it more often I agree. As you well know I am a businessman in the community. I am also affiliated with the Chamber. I come here tonight as an individual, as a tax payer, and as a businessman. One of the statements, Madam Mayor, that you had in your state of the city was to the added value of their investments and building expansion and more jobs, commercial property taxes are provided to the city to assist in financing public and human services. I think that is what the crux of the whole thing is about. I looked at it simply as an opportunity not only on behalf of Mrs. Hieronymous but also on behalf of all of the potential developers who own property in that area. Again, statements in our media unfortunately aren't even half true. If the value of the other half of d.t. that Mrs. Hieronymous doesn't own is only worth $3.9 million, you folks have you r work cut out for you because we are in dire shape. One of the facts that has been published and I should say not exactly facts-projections is that if Mrs. Hieronymous's project and I am referring to that just in the context of the whole as an example. If she does not receive abatement , \ ,~ 1.':;; , : I I rt i 1 , , I i I i I ~ I I! : I , I ~;,J ~l !:~,: ",' ::.;, l~: ,; I,', L, F021594 c:~~~'~..~,' 1""_ -'. :~JU ',0,.,' "., , ": "::1'': " . \ - -, i ~' , , ~ ':~ " ... j , I I r:-. \wi 1)5 ..10', ",.,'.,'.1'1. '., "::~.,\'" /..r, ~,'-;:',,:;: ...:,,,:,....': . " .. .~: ,:.:..~~;.~\'I, " ,"': ",' " ,,/.' "r', ',' , .: ' , . , d'l;" , , ,',(. .- :;;:;::',;,'.:"~~1. :..~ ,;.;;: ~;;.:L,,~~~;,:.:,\:.;~~:':'':'',~~::;L,~,:~~~~':~~~.,.;..~"'-<..:_ ~~ ~..~. :;'; i ( \ ,.. r- \ ~ I I , I , , , ,~ , I i I .' \ ~J "~ \ .' 1, r: ;:~': _'f ,0 . ,. ' " . , ,- ' '. ,.:,.. ,,_~~.:.:..:,.."""""~"'''''''''''A'~''''''''''':'~;'';:~_'_~':':''_,~. #6 page 39 and the banks therefore will not back the project whether she would want to assume the risk or not. The city will this year collect about $32,000 worth of property taxes on those properties. And over a ten year period obviously ten times that or about $320,000. If this project is allowed to go through with the abatement and the banks backing her this project projects an additional, even abated, an additional $59,000 into the city treasury this year. Not this year but the first year that it is viable. And over the ten year period $1.6 additional, not take away, additional. Now I have been in this community five and a half years and I am really proud of the spirit of the citizens here even though I don't agree with all of their opinions all the time but that is fine. That they are looking forward to thi~g such as expanding the greenways, putting the pathways for the bicyclists, upgrading our library which is a fantastic place to be, thinking about a cultural center and these cost money and you know why worry about chopping a plant. Let's expand the pie. We are not taking citizen's tax money if you approve this. All you are doing is saying okay we will take all of the possible taxes. We will take a goodly portion but not all of them for a ten year period and then we will get all of them. Use that money to improve our community. Don't look at it on the downside. There are a lot of people who do not want any development here and to them I say that is fine, that is your opinion but I think you are wrong. And keep in mind, too, the bankers are calling the tune on this. They are saying Mrs. Hieronymous, from what I am hearing and I haven't talked to the bankers so I don't know for sure, they are saying without an abatement this project does not make economic sense for us to justify the risk no matter what assets you put behind it. So you have an opportunity here. Not only for Mrs. Hieronymous but you know for the whole area. You have a chance to get more tax revenue, more people in here to expand our community, to create better jobs, good paying jobs to get more cultural diversity-all the goods things. Let's make it good. Let's not look at the negatives. Let's look at the positives. Pigottl Thank you. Horowl Anyone else. Throgl I am trying to think if I really want to ask it. Can you give me two seconds or so. Novl Let me go ahead. I have a couple of questions for Linda. Do you want to think while I do that. Okay. I talked to Linda on the phone a little bit this afternoon and ask her to do some research on whether or not the tax abatement goes F021594 ~.....-..... -"~- ,J:oth. J..,'.: :',:,... "<,,, , \, ~" , , ',' " , ',' r\ ;".""~'" I '.',: ~. " . ':. .,.---.,...---......'... , I I I o .. 1"~'O"'I :15 8 , "...' ;,1: .',' , ',,' ,"," , . , ' ,. __~...__.,____o_~_ ~__n"~'~.h'_~ ..'. ' #6 page 40 with the property even if it is sold. It is going with the property no matter who owns it. Is that correct. Gentry/ Yes. It is an abatement that is a property right assuming this plan is approved in whatever form as long as the use. As of January 1 when the property is assessed by the city assessor meets with those guidelines that abatement right carries with it until December 31 regardless of the ownership. , : Nov/ When this property is finished whatever building is built that receives the tax abatement, does the increase in tax start when the building permit-the occupancy permit is granted or does it have a delay in the assessor's system. Gentry/ The evaluation goes on as of January 1 when Dan Hudson does his-puts the whatever improvements or increments are added to the property goes on as of January 1. That is put on the tax rolls. As you all know if anyone has moved into a new house, there is always a 18 month lag in collection of property taxes. What is on in January 1,'94 will actually not be collected from the County treasurer's Office until September the following year. So there is always an 18 month delay in collection. That is Iowa law. Nov/ So a new building, if it were finished today, would be assessed at the new value on January 1, 1995 and then we would receive an increase tax on that new assessment in September 1997. Gentry/ That is correct. No-1996. Nov/ September of '96. ,~ .L' ,....~"'.~ \ , \ ~ ~ U I~' Gentry/ Right. Nov/ I need to get all of this straight. Gentry/ That is not any different than any other tax collections. Nov/ So whatever taxes are being paid now would continue until that point. I I '. ~~. , ~'. i I \,\ \~J }~ \.:,1;: ii. ~j ~~ ' I"n Gentry/ The collection, yes. Nov/ And the abatement would start in September of '96 and would go for ten years. Gentry/ Correct. Assuming the use was not changed. F021594 .' , t. 0 A--.... ': ""~"")"/'" " " ','::,:""'t~',, ,::,', i;;'!" '""..'.""'.',,'"',.,,1,.:"", ,'" , " , : '. . ' ".- ' . , :': ,.' ' " '.< ~" " " ~' , ' ;'" ' ',', 11Jl ,:'1" . ';'\ 'i , , " :,:,.. " , ,\ i@ I" :'lb', ,', I':"~ /5 " , ,,' ~' "~" ! ".' ~;,/: ..,~.-,'"",; " \ \ .4 " : I I I , I I ~. " "I l~~: J; ,{, " I, __f( - 0 .. ',' '. :.:.\;,~', '; " , ." ::~t\\'!,~" "".',',':.. ii,:' ",:7, 'Ii' , ~ .','-:oi(:,,' " ",: .' . J' , '.'. ,.:....;.~-...;.;-.._...""......-..,,--:...~-;.~,._...,',.-, , #6 page 41 Nov/ Thanks. Throg/ Clyde, there was a question I wanted to ask that was connected to part of your statement having to do with the CenterSpace. When some people came in three or four weeks ago and presented the CenterSpace proposal one of the questions we asked had to do with whether they had considered the affect of their added rental retail space on the viability of Mrs. Hieronymous's project. So I guess I am wondering about the same question in the reverse. What would be the affect of this proposed project on the viability of retail space on CenterSpace. Guillaume/ It should make the retail space more affordable for everyone would be my thinking on the project. If more is available then the costs are easily maintained in the whole d.t. area. Throg/ Increasing supply, reducing rental costs, right. Guillaume/ Right or at least maintaining where we are at right now. Throg/ Might that result in a glut of retail space at least for a few or perhaps several years. Guillaume/ I don't know. I can't answer that. I don't do the projections for retail space in Iowa city. Marty mayor somebody along that line may be able to answer that question more easier than I can. I would think not based on the demand that has always been here for Iowa City space. We haven't seen a glut in-I have never seen a glut in Iowa city but again that is not my area. Throg/ If anybody else would like to respond that would be great. You had brought it up so I wanted to ask. Franklin/ CenterSpace is probably at least five to eight years away. The project tbat Mrs. Hieronymous is proposing is much more immediate obviously. It is very difficult to project what the impact of one would be on the other. Also CenterSpace is about 15,000 square feet in the estimate that is being used right now. I think it is very hard to reach a correlation between those two projects. Throg/ Okay, thanks. Horow/ Is there anyone else. If it is council's desire to continue this p.h. you can do that. What is your pleasure. F021594 I '.~'A _,- .~. .-, .i~~:,:.l:" '\ ;:...':.' ,. j .', : ;"; . ", " ' '. ' ".. i '\ ',',,' ._'.~ ,.'::...--'.-:. , ~ o d'~\5 'I' 0': . .""..",.,,' ,,;'" ~ '." ;, ",r ~."." , .. ,'. . '" ,", , "'t" '; "'~,w", .' 1: "'. " t>. " '.' , ',I "',1;,/,' ',t' .. ; " ;.", ' \,~.:! " "" : "'...,.: , , , l,,', ir, '. ...' , , , ' ',J -,;,...;.,-~,~~,~..~:., ':'&:':':":~:~~::';" '~'",'\;:':;';;:"LJ,:..:::r:.:..J,.~~' '-'; ~~ ;"".':'~~'d_~_;;,.L_ , ,< , ',~' .", , .' . ,':,_'__~.."'._,,_',......~~...'l..'IV."."".~.,."'"____....;...__...:.. , #6 page 42 Kubby/ I would like to continue the p.h. I am not sure what the appropriate date would be. Horow/ We do have to be date specific. We are under a time frame. ) Gentry/ That would be preferable. Kubby/ We can continue it to March- Pigott/ March 1. Gentry/ David. Throg/ I know there are many other questions that I would like to ask of people who are in the audience but I don't know that I want to do it now because there is a lot more stuff to do and it might be better to continue it. Horow/ Is this about the continuation of the meeting. (-; r . .\ ' c-.\ \l \) . ..,., ,~ r:7" i, \ , , Mark Phillips/ 1165 Oaks Drive. Two points. I almost got up earlier and I didn't. I am a tenant, a large tenant, I represent a large tenant in Iowa City d.t. Two years ago our lease came up for renewal. We looked and we scoured d.t. and there was nothing in d.t. Iowa city that would accommodate a 10,000 square foot type tenant and there is nothing available and there is not going to be anything available d.t. unless CenterSpace actually develops and Frieda would provide an opportunity for someone like that. To have another opportunity. There are people that would come eventually to this town. You talk about rent subsidy. The abatement is in some form a rent subsidy because you have to consider when a tenant walks into a new building like that Frieda is not going to have finished walls and carpet and a tenant that wants to finish it or a 10,000 foot unit is going to incur several hundred thousand dollars of improvements. Carpeting, furniture, walls, electrical and everything like that. A tenant for someone to come in they need to be able to afford the rent let alone to be able to pay the improvements. In a way it is a way to make it affordable for people to come to this town to do that. I don't quite understand the continuation. I will address the continuation. I don't quite under~tand why you want to continue it. It doesn't seem-I haven't heard anybody get up and talk against the abatement project. It seems to me like amongst the council you should come to some kind of concurrence as to what you want to designate this area for and go ahead and get the- I" ' I I . I i , I , !. . I~~ ; :! j ~ . , F021594 ,-~" . '~[ ~~' ~.-, '--~- .. - ' - ,':'.,.... " -\ '.0 '/"\ - - "'. . - .1 ~ 25 ' ~LJ. "",," ..", ,;~:\"'.1,,:,;.-,~, ,"j i\. .r.1w.j,. , I ~ '. ',:,~I.- ,': ,,', , "~I " , I " \ I '! , , , .-1 , ~ ; j ! '-.'"" i <1 , ; I I , ; ! ,...~....-- I, ' ,,\-, \0\ '.' , :\ , . ''"f-'' ~ I \ k' , l\ \ I. I.,' ~, I ., i'l , I II I I ~. : 1"; it ; I I, Ii! ' ~',j" , c: 0 'i~' ,', ' " 1 '," -,;,.., ).'.. I . !'. ,.~ , I , , , , , I " " , , ,-,;,-,_...,"_"'~"-"-" . #6 page 43 Horow/ But Mark, the point of the continuation had to do with the actual plan. The whole three and a half blocks and 'specifically about the first motion that failed. That of denying tax abatements for building that had any residential space in it at all. Phillips/ I guess all I am saying is that I would encourage you to go ahead and come to some kind of concurrence. Delay tactics and just delaying this doesn't really accomplish much. It seems to me like you can accomplish what your final objective is- Baker/ It is not a tactic Mark. It helps the process because if we make changes we don't have to start the p.h. process over again and delay it further. We can shorten the process if there are any changes this way. Horow/ We would still have to vote. decision-well, we can't. It is decision next time. For instance, if we made a a p.h. We could make a Phillips/ I will live it up to your prudence. I would just encourage you to not delay. You need to act with prudence and get the thing accomplished as quickly as possible. Nov/ The plan is to vote after the continued p.h. So the vote takes place two weeks from now whether we close the hearing today or not. Schoon/ You will not vote on the plan in two weeks. Nov/ We can't vote on this in two weeks. Schoon/ No you cannot. The state code requires a 30 day period in which a certain percentage of the property owners in the area can petition for a second p.h. We need to provide that time period within there to keep things moving along. Nov/ Okay. So it is not our option to have a second p.h. We have to wait until somebody asks for it. Schoon/ By code. You can continue the p.h. until March 1. Kubby/ Can, that time frame overlap. Horow/ I was thinking that too. Schoon/ No. I would say no. We can consider the ordinance designating the area at your next meeting. There is two parts to the process. One designating the area by ordinance F021594 ""<T17'-:-~ , " '. ',' " '.: ~, ~ ," .~,,;'2~>'.x:Jj:,! '. '. , ( , , , I I I I , I I , I I I I I ..'" ,,~, ;,t. )5")~' d.' --. , ---~~~--,~-~~'~"':'.< .,'. ,I ! I ,) , I ',:: I ,i I , I I , ~ ".'1" "', , 1 ',,; "1 ,I 'I i , , , 1 '--.....: ,\ ..,~ .'-j ! , , . , 'j f.' .1 I I ! ~ #6 page 44 and then you adopt a plan for that area. And in order to move things along that is how we set up the schedule with the Burns project that way and that is how we set up the schedule for this one. Nov/ Okay. And what we are doing the p.h. today is the plan. SChoon/ Correct. Horow/ All right. I am open for a motion to continue the p.h. until March 1. Moved by Pigott, seconded by Baker. Discussion. Throg/ Just for point of clarification. There area a few other questions that I would like to ask that might be best be answered by people in the audience but I don't necessarily want to do that right now because we have a full agenda, It is kind of a- Horow/ Perhaps direction to the Downtown Expansion Task Force. Throg/ I would be happy to talk to Harry about it, sure. Horow/ All those in favor of continuing the p.h. (ayes). continue the p.h. F021594 ":"1 '..'.""'.'. I," ',' 'I ,I' , ".' o . f' , ,. . ""~"""""":",-'[,",,,,,, ,....\'7'" -:".:" "."""0".:"'1,.. ....' " . ""5 ....' ',.< , " ',' " , .' ..... ," ,;,,,,:,,"'",:;::'I'i,)::,;"~,j.,, , ,:,"",;;!\i,";'::~;;\~9'!;;,F::"'" " ',,' I , ,i I i , I ; ,i ,"'j ) 'I I "! , , " i 1 ,- ~ ',j j j~,-i r,,:, , ,.\. ,..---' - \ \ o #7 page 1 Horow/ (#7) Thankfully we don't have to deal with. F021594 f ( "I,:,,' ':'~I": '; ': "."'" ":,:,',:';',h,'':<'i-'~:'''::r:'i:: ,R i;,;'/'V,i ,,"', . ' I, I !, . I : , , ! I ! , I, , " I ~ ' , , , ...."..'..1'-'.,..."-.'...- ',..., "',...,;: ,'" '" ..'Q..., if"", '."1',' ',' ' :";,,::\,' ,5" ? '., . ,~;;. ~~."~ '~'::~~:'.~. I "~'I ' Agenda Iowa City City Council Regular Council Meeting February 15, 1994 Page 8 - '~ ITEM NO.8- CONSIDER AN ORDINANCE AMENDING CHAPTER 34, ENTITLED "VEGET A. TION," CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY ADDING A NEW ARTICLE IV, DIVISION II ENTITLED "PRIVATE APPLICATION OF P~STICIDES," WHICH ARTICLE SHALL PROVIDE FOR REGULATING APPLICATION OF PESTICIDES BY PRIVATE APPLICATORS, AND PROVIDE FOR THE ENFORCEMENT THEREOF. (FIRST CONSIDERATION) i"',,' Comment: See comment above. Action: JJWuIv/ (~ Is/' r; 1// t ~/~r dp.v~ ~ f ITEM NO.9. PUBLIC HEARING ON CONVEYANCE OF A PORTION OF CITY PROPER Y TO GARY L. GAINES, IN EXCHANGE FOR ADDITIONAL CITY LAND. I 'I ,'; :",1 , Comment: A survey performed by Bob Mickelson of MMS in October of 1993 revealed that several properties in the 600 block of East Reno Street, Iowa City encroach on neighboring lots. More specifically, property owned by Gary Gaines encroaches upon City property, and a portion of the City cemetery encroaches upon Gary Gaines' property. Mr. Gaines has offered to exchange encroaching properties. This exchange would clear existing title objections and allow both parties to continue using the lots as they are currently used. A tree easement would accompany this exchange allowing the City to maintain control over the vegetation which screens the City property from East Reno Street. ..', Action: r\,(l fnA d) aNn.;! A".,o , - ITEM NO. 10 - CONSIDER A RESOLUTION CONVEYING A PORTION OF CITY PROPERTY IN 9J.f--'t4 EXCHANGE FOR A PORTION OF PRIVATE PROPERTY NOW OWNED BY GARY L. GAINES. Comment: See Item No.9 above. '. ;,,~ Action: ~~'"~,?) "1IA~:b;;'J f ~ ~ "% ./ ,,' .' ,-." i', o , ,/ , .,j ", "',,",,-- .j '"'..)"..,,.',..' , : '-'''- " ',:-Lc J" ..,'..,.....,"..... '.....,,{.;~);:!);\ O.{,.; '.;(,:'...,..... ,.,',,'.\, ":"~':.." .~>:',:" ~,',>:,:-;,:,\,,~,{'-'" , .', ..'-..".'---.."'''...T . " f-'J;'. '\, "', '.5.....';'..r:1. i . . . .t. . '. LJ,. ",'. '.'"",""'1<'.'.."1.'.' .(~ "...., - ~~:"-~,"}". " ~ ' .,',: (; ".: ..c C-', \ J ~ " ~..'/'...~ ! ~, I , ~ I I .1 '. k. I f"~ , ' Ii , , , I i ) ~ , I '.' i .A ',( . ,l, ,r.', .'J,;'.,.,. ",,~r>.' . ',-,'.\~' s' .. , .( .'," , . , . ' ,. '.:,....,.~....;.::-..:.:..,......;................"'.....:..'~_..-.~,-_:. ;.' I ,0:,', I ". '. ,u_._,.___..~_ ...c,",'_ .,'_"'. #8 page 1 Horow/ (#8) We don't have to deal with. Gentry/ You want to just defeat it. What do you want to do with it. Leave it hanging. Karr/ It is on for action. Horow/ On for action. Right. Karr/ do you want to kill it. Do you wish to vote it down. Defer indefinitely. Horow/ Let's vote it down. Kubby/ Let's defer indefinitely Pigott/ Second. Horow/ Wait a minute now. Let me read this. (Reads #8) Moved by Nov, seconded by Kubby to consider the ordinance. Motion by Kubby, seconded by Pigott to defer indefinitely. Discussion. Baker/ Why not just kill it. Nov/ I think we should just drop it. We can always resurrect it. Pigott/ I didn't know what the procedure was. How easy it is to resurrect it and what is the difference between deferring. Perhaps I can just ask that question. Does deferral for time in memorium is essentially the same as what you are saying. By registering a vote means I am against this ordinance and I would prefer to not vote on'this ordinance. I think that it what is means. That I am, against this ordinance, period, and forever and I am not so sure that I want to always say that and I am wondering whether deferral has the same affect without the vote. Horow/ if you wish to go on record as being for the ordinance all you need to do is vote against- Pigott/ I didn't say I wanted to do that but I did want to say that I didn't want to vote to the issue right now. Gentry/ You have a motion to defer indefinitely on the floor. Horow/ All in favor of the- Nov/ wait a minute. Larry is waving at you. F021594 o ).'.";'..'" ,;': ,~""Q".::',!,:::\,' ;:;~:' " '~' ,..; r: ' .\ - ~ " ,". , '.'", ,': (]) ~15' Id'. ,'I"" :: , ; J~ ..\ ,-' \, \ ,~.:;.:;, r , 1 ~~ f ~~ , "I ~,'i r .' j 1 #8 page 2 Baker/ I was having a religious-he was talking about resurrection as far as Ash Wednesday. Horow/ It is 10:30. There is an amendment to the motion to defer this indefinitely. All those in favor signify by saying aye. 4 to 3. Well, that takes care of that. , , .' F021594 " .; " o , ('-" i \"":~T~ .....lB~, ______ "J" I '.I/....:":"'~'"r,,'Lo, '" /,;I.:,;~' 'q'~'.-")';~'. <" ,:~ . ' ,',,', i') <",..: ,\:;,; , !, ':.~'/, "", ,'-': ~,.' :",' , ' \ " '" ;~:.~ :;'" t',,' ~:i:;'~'!{'f"" , , . Agenda. . Iowa City City Council Regular Council Meeting February 15, 1994 Page 9 1 ITEM NO. 11 - PUBLIC HEARING ON CONVEYANCE OF VACATED PORTIONS OF THE NORTHERN HALF OF LAFAYETTE STREET AND THE EASTERN HALF OF MAIDEN LANE TO KENNEDY PLAZA, INC. Comment: On December 17, 1993, the City Council vacated portions of Lafayette Street and Maiden Lane. This section of right-of-way no longer serves the public purpose of providing access to the properties in the area. Kennedy Plaza, Inc. has offered to purchase the property in exchange for their agreement to install public improvements including the installation of curb and gutter and sidewalk along the east and north sides of Maiden Lane and Lafayette Street and the removal of existing pavement. Action: Yl~/J nil- !lfjY.dA(lf - ITEM NO. 12. CONSIDER A RESOLUTION AUTHORIZING CONVEYANCE OF VACATED '1'f. 'f.5 PORTIONS OF THE NORTHERN HALF OF LAFAYETTE STREET AND THE EASTERN HALF OF MAIDEN LANE TO KENNEDY PLAZA, ", Comment: See Item No. 11 above. Action: ~J &PuuJ I ' (?~ % I 'I I I " ....~ \ ~ ITEM NO. 13 - ANNOUNCEMENT OF VACANCIES. a. Current Vacancies. d ! (1) Design Review Committee - One vacancy for an unexpired term ending July 1, 1995. (Gordana Pavlovic resigned.) This appoint- ment will be made at the March 29, 1994, meeting of the City Council. b. Previously Announced Vacancies. I , I it ~ (1) Board of Library Trustees - One vacancy for an unexpired term ending July 1, 1997. (Gary Lundquist resigned.) (2) Civil Service Commission - One vacancy for a six-year term ending April 1 , 2000. (Norwood Louis' term ends.) These appointments will be made at the March 1, 1994, meeting of the City Council. " ~? f " 'I (3) Animal Control Advisory Board - One vacancy for a three-year term ending May 4, 1997. (Paul Cooper's term ends.) .!t~_~ -. -, 'j..- )'....'---.." ..., ": ,I.',' ,', " '-,',' " ' ,I:-,'::'~':i",:; I" ., \; '.",",:",t'l,',',",""':". :,,'.., '. ;".\'..",;~:,~ ~.-(>:I:~:,:' ,-'-;';:},"'," " u',_____ ~'___ _ _1'.____ ,(oJ' ";. '1""~' '. \ .< . . , ',', ~ ,.,1 ,:'.' ,1.,',:';;'-'. -' "i I ;'1 I j j ,I I I : t':\ V \', ''''[''''''.'.., ," '.'1" ""i:: ..', [J" ..25" ,. :/' " . ", , '" ,', , ' i~"" , , .'- ,. ; , .._~ , i ~ ':'! _...:-,\ 'i( :,~, ,," ,', ' , ' Agenda Iowa City City Council Regular Coundl Meeting February 15, 1994 Page 10 (41 Housing Commission - Two vacancies for three-year terms ending May 1, 1997. (Terms of Paul Egli and Charles Eastham end.) These appointments will be made at theMarch 8, 1994, meeting of the City Council. ' ITEM NO. 14 - CITY COUNCIL APPOINTMENTS. A~~~ n ;& (). a. Consider an appointment to the Senior Center Commission to fill a three- year term ending December 31, 1996 (deferred from February 1, 1994, Council meeting). b. 1fI' ~4Ai/ J11j/~.-J J,!Ntf JY/~ (JMJ Consider appointments to the Historic Preservation Commission to fill two vacancies for three year terms ending March 29, ,1997: Action: (1) Woodlawn District representative (Gina lie Swaim's term ends.) Action: AL-1f' J:k~Pl~) L~ 1~a.4 11)/J/Jr/h;-//r;V (2) At-Iarge,representative (Doug Russell's term ends.) Action: AP-'~ ~ ~/M'tllt. 7 ~ a 4fiA/J ff c. Consider approving the recommendation of the City of Coralville that Les Kuehl be appointed to the Riverfront and Natural Areas Commission as a representative of Coralville for a three-year term ending December 1, 1996. Action: ~ ITEM NO. 15 - CITY COUNCIL INFORMATION. o )". /,' , .k.l_ ,P'-fL.J '~ .'" "'...-.i~.' . . - ',,':"'" )'-"::":""" :':--;:""j:",'~ ,:-:,c, ",";",", }i':,:'" " ".' ,."'" .",,, "...'.',.. '," ,': ".',.'. ..",.,"~' :.""...'!~ ,(,.--",i , '\' ,..' I I " I I Ii .! ,Ar,/3! , , , ?~,:'l[t ~ '. ..: ,", " ~.. .' ~ , ' ~, ....I , :.-:'- .:,' I' l'~ . ~\',>", .,.',~ :..lJ." ..',',.', ,', , ',' .. ~~ ;'" .~, ~l \\ I' . ':.-, '. 'l-, /',<1' l~. ., " " .'..: ,t>- '. "'1 '" ""~'ll, " ,', , , \, . : _'~,'~<:.,;~",""~;,,l,\: .. .a ~~_,..:...;,,,...:. ,..;~~,.!...."~",.':" ....; .~_,.__ ',,,,,, ," ", ,',.-,",' " ~;:.l.-..-:._...........u..."""o>r",""_,,,,_,:-__-,_ ____'__'_._.___"__'___"._'_'W"_'__.,_, _ #15 page 1 Horow/ (#15) City council Information. Baker/ Two very quick things. One I just want to, for the seven people still watching out there, I would like to remind you that this Thursday night in these chambers, the Historic Preservation and P/Z are having a meeting on the Brown street District designation. Especially for those people living on the northside it would be a good opportunity to come down and show your support for historic preservation. I hope that the public comes down and gets behind this and again, this Thursday night in these chambers and I believe the time is 7:30. The second thing I would like to say is to my children, Ben and Jenny, is you can see me and you are still awake watching this, you are in trouble. Pigott/ One of the things I want to talk about just quickly was the Iowa Festival letter that was in the packet and whether we would be willing to consider that and when would be the best time to consider whether we could- Horow/ It would have to be at an informal meeting. pigott/ How soon do they need to know and if so I would like to do it right now. Kubby/ I think it is a great use of that space and there seems like there is accommodation for cars. We should do it. r Nov/ Is this a council decision. I thought that this kind of thing usually went through the city Manager's office and the city Clerk's office. We don't have to do anything. Kubby/ steve, just say yes. Atkins/ Yes. Pigott/ Done. I, ., , Horow/ Anything else. Pigott/ I wanted to congratulate Marian on her efforts to get this Internet staff going. It was a lot of work and I appreciate it. That is it. Thank you. Throg/ A very brief thing. Right before the meeting tonight I ran into a fellow who lives out in the Towncrest Mobile Home Court and he indicated he is having-he owns a 1973 trailer. He is having trouble finding a new home and he feels like he is being sort of, not by anybody intentional, but he feels kind of pressured to move and he is very uncertain about F021594 I 1 o o~,'" / '::.:,;",J!: ',~ ' . ,--~.... ,I, ' ~. ' ,- '. " I CD , , r 'c.: , ~l :J 10, ...',','..,..., . . "Y';"'. ",,' . ~:,:> "',. :':,,<;,~'. ',' "t'li" '.', '~ ,'.. ," , . , " ' ' , ' " . ,f' " ''', ',,1,. , , , . ':~;:,~"~,~ :"L";:::'''~~'~~:J-';,\S".;~~~;.~,~:.~.'~~~,~~:(;;-,L~~~~'~""~"'~~_'_'_':.~ (' n I : I , \ ~, " ,1 , "I' \.'t.. ~: \~ 1"'1 , . ,,' " ' ',c" :",'..; , ':._,-,...;_...:...-......""".......... #15 page 2 what the future holds for him and other people out there and that is the kind of thing we don't want to have happening. I hope that it doesn't continue but I tried to convey a sense to him of what we are trying to do and how we are trying to support people and so on. Lehman/ Nothing. KUbby/ A couple of things. One there was a memo in our packet clarifying how advertising can happen in the newspaper in terms of gender and I would like us to send this letter from our City Attorney to the Press citizen, specifically to Joe Brown on the editorial staff since there was an editorial about it and to the publisher and advertizing manager so they are clear in terms of local law. Nov/ The D.I. also. Kubby/ Agreed. Horow/ It would be helpful if we had that is a press release that could be sent to citizens who call. Even the city Clerk's office or your own office about this. It is creating a lot of confusion. Gentry/ My understanding there is suppose to be a story about it but no one has contacted me. Horow/ Let's get his moving because this is distressing folks. Gentry/ Who else at the P.C. besides Joe Brown. Kubby/ The publisher, Chuck Wonneger and Joe Brown, editorial, and whoever the manager of the advertising section so they can make sure their employees are clear about what they can accept or not. I don't know. We had a letter in our packet about the Transit bus stop adjacent to someone's home and some problems they feel they are having. Atkins/ Joe is going to go out and talk to hi. Kubby/ So we will get updated. Atkins/ Yes. Kubby/ We haven't talked about the traffic light on the corner of Mormon Trek and Highway 1 for a long time and I asked about it last night. I happen to be in the presence of the county attorney who is supposedly the ball was in his court. We had talked about this in a joint meeting with the county and F021594 ~.? __ i -~ , ,. ." ')' ,,' ,,'-,' ,'" ,.,.0",,.,',,.., " " . I ~,",', " ',~.' , , ", ' " ~ J ~ '," ~'~'., . .' , j '., i i I I f" . ," '~ ' - o , I'd' /) ','la,. " '.., " ~~\:,,:::I:'~;i:1' ,', i: '.. , ,," .~, ,,~: ':: ';', ' o"."u ;":'~<:~~\~\t~,)' :.. :",:1' _ .",1 '~ ,', , " ',< "',"', " ".',:....._~,~~,;.~.~:.:u..:;,,;.,::...~,~~:~~:..:..:.. ~_____..,' " , #15 page 3 the city and where we left it was the county attorney would call the DOT to say would they accept a light. That hasn't happened. That question hasn't happened. I want to suggest a way of making this move forward and that would be to get some staff people together from the city and the county or engineering staff to figure out a way that we can work out how much responsibility of the county and how much responsibility of the city to see if we can negotiate either shared costs or if the answer is to annex that corner so that we can put a light in and if indeed a light is the best thing to do there. 'I , Nov/ I think there is a state question also because I think it is a state highway. Kubby/ We do need their permission to put a light. Atkins/ There are two sets of questions. First one I think we answered. We wrote the county I thought some time ago indicating we would pay our share that precipitated the hullabaloo that went on afterward. The second issue that you point out about the annexation I would suspect that if we proposed to do it we could pick the intersection up fairly easily and I can't imagine why the county would be opposed to it. Horow/ How much would that cost for us. Atkins/ The traffic signal is about $50,000 and we, at the time, I am trying to recall the-I don't remember the exact correspondence. I think we said there were three legs on the route and we were willing to pay our third and the county would pay its two thirds. Kubby/ Plus we would do the engineering for it. Atkins/ We would engineer it. Install it. We just simply wanted them to pay their capital costs for this. Kubby/ But they don't want to do that and I think it is wasting our time to say would you do this because the silence is an answer. i:----:" .\ ! (-'i \) '1 " ,', ., ~~:"'o.',\ I, '. " Nov/ And they don't want to pay the eiectricity costs either. Atkins/ I think we have offered everything short of the capital costs. We would design it, build it, operate it. We simply wanted the capital cost to be shared with the county. It just never really got further than that. F021594 .. ......~ ',(-' 0 __ )""""", .~i" <.:,"~;:,,~'.;::O,""r""':'::"" ,', :,;~;':,':'" ,'" ", "',',"; ,,,. ", '," ,,';:.- ' "' ~ ,',' - l ~. - -, '\ , ~ "1 ";.', ., ,~. . " , ' I' :;5: lOr I ',1 ,,', ','.. .", , >"i':"'" :5S1l," , :.'; ,'., ~,: ,f ;.. "1,', . ,.~IW,'; , ~ ~ J .. . " ,',", ...... ,I, J . ' , . " , , , .~ " 'j . , . ' , ,__",~;" ":,:~:.;~':,~'.:-,;,.;<.i,",':'~~.:~~.~,::..::::~,:.,~ ~;',.,.~,~('~~,~,_.___.. I~ , ""\ \ l ,~ (;7 I I ~ 1 ~' , , I I, ! i , , 0,',~ ) f ,', ~~,j ~'fo " \Hj , .-, " , ,'" . ' , 1 ,...__ ~_;_,,,,,,,,,,,"""'''''''~''''''''''_'A,",'''''__ h,_'~_.__,"'_ ._u_,_._. #15 page 4 Kubby/ Another option is to wait until they have a full board and to ask the question again. I am not sure I know what I think should be done. I want this to move forward as we continue development. In the county and the city there are pressures on that corner. Atkins! I did receive a call from some neighborhood folks yesterday or the day before on the same issue. KUbby/ Could we try, maybe, the two staffs getting together and getting some options and seeing what happens there. Atkins/ That is fine. Anything to move it along. Okay. We will do it. Nov/ The comment that I had wasn't even from someone who lived in the neighborhood. It was someone who drove by and who saw how difficult it was for the bus to get out into the traffic. That any long vehicle just doesn't have the space to do it. So our city buses are in danger. Kubby/ One last very brief thing. That on Sunday, February 27, as part of Water Watch '94 there is a family tour of the Coralville Dam. Encourage people to go out. starting at 1:00 PM on Sunday, February 27, to the Coralville Lake visitor's Center. You can call the Corps office on the phone to find out more details. I want to encourage families to go down there so you can understand how the Dam works before the floods come next spring. That is all. Nov/ I have a couple of things, too. The three of us or four of us who went to the awards ceremony this morning for city employees could not have been more pleased. We have wonderful long lived career type of employees here. Amazing number of people that are staying for 20-25 years and we are proud of them. They did a fantastic job. Also there was a letter in the newspaper recently from Jerry Newsome also complimenting our city employees because she watched them repair a water main and she saw, because it was cold, the water on the street iced immediately and she thought about eh danger, she thought about calling the city and before she picked up the telephone there was the sanding truck right there behind the water repair and the street was completely fixed. And we are happy about letters like that. I want to make two little announcements. The Library is having a meeting this Thursday at 7:00 for discussing their future plans. It is a public meeting. Everybody who feels like participating and listening is welcome to come to the Library at 7:00. And Independent Living is having an open house Friday, February 25, from noon to 6:00 PM at the Old F021594 ~'C 0 ,- -, ~~ r- 1 --~ - ',>:,~,tl; .' ,'; '1 I ,.. ".. . I ! o ~ " :' )' '. ilS lei: ,'~'''''''::::;,~,::.r:,::~'~, " D1!.I., . :irl "l' I , , ",', ".,,' . ,: ;-,;j,;.:;';":'.;"'''';'l_~;''::;A~:,..t(w{~~~~4,i;('4t;.:''.Iii-'~._.:_...,...:.._':''_:'':__..~ ,. #15 page 5 Brick Church, 26 East Market street and everybody can go in and find out about the organization and their members and their concerns. Horow/ Along that line they are also suggesting that local officials get their for a briefing, community leaders from 10:30 to 11:30. Now if four members of council wishes to do this we certainly can have this posted. If you will get to me and let me know whether you will be available between 10:30 and 11:30. This is on Friday, February 25. I would need to know when Marian. Karr/ Subject and time and location. Horow/ The subject is the Board of Directors of Independent Living briefing on the Independent Living Inc. Project, February 25, 10:30 to 11:30. Kubby/ You can mark me down. I will be there. Horow/ You need 24 hours notice. I have three already. Does anybody else. Fine, great. I have a couple of issues here. The First National Bank, Dance of Iowa and Iowa city Schools are presenting a sunday Afternoon for the Park. This is a musical variety show designed to benefit the park. It is sunday, March 6, 1:30 and 4:00 at city High Auditorium. Ticket prices are $3.00 for adults, $2.00 for children and Senior citizens. Tickets are for sale at all First National Bank locations and the Iowa city Rec Center. All proceeds go towards restoration of City Park. I urge you folks to take advantage of this. The immediate purpose it to raise money for the park. The secondary purpose is to involve school children in helping to restore their park. The artwork, the posters as well as the artwork on display at the Iowa city Rec Center and Mercer Park Aquatic Center have been done by students. All the performers in the program will be students from various schools, public and private. Let's pack that house, bring your grandparents and let us get behind restoring our city park. Thank you. Last evening we had kind of an unveiling of an environment inventory map which has been developed through our planning office. This map will be replicated and for sale. It will be at the Public Library but it will also be for sale. It certainly is not going to be right now but Steve do we have any particulars on when. Atkins/ Karin and I spoke about it today and I assume it is just a matter of getting it photographed and getting it put together. As soon as we can do her, we will do her. F021594 , , ,\G~-' ..~. ,,' .~.~. ---' , ,0::)' ,..., ;f,:;,~I,.z.:,:',,_,:-:,: '\ ',~",' .'.. .1 ;..,'. I " "I 1 . I j CD , " " . ~~I 5 . ,16,: #15 page 6 Horow/ This is a big-approximately. It is not your $10- Atkins/ We will recover our costs only. Horow/ It is fascinating. \ I I ~ I, F021594 I E'.- " ,', ' , ! 0 " , , , ' ' .." ",::.-;"-:7 . . . .. ..17.&:7':;<,::.".)'(::;'\.... " ,',... ..:" ,'l'".,..,,,,,,,,,,,q,,,,,,::,, ..",. . , "..,'"..';,' >;~:'"."I, ,~, \.":""';{':/i'::,,:>: . "'{' ,'." ,. . , '.., .".,.~.-...'-,...""' ',,','" ,\ ',: , , ,'I, ',--I , , " I); , , : , " ,', I' , . ;',..,;, ' ~,'...;, :-~( (:5.."...;80' ii,' .' ~'. ',~ '/,:J,,,,,!), ".:':<,:,c \ '~,~. .'., " , !~',,:,," , ",.. ., ...;, ,; , ;"", <\~, :' :' ~\ \ \ r ' -:-",,'t,.. . ~~, '-. ~ '" ',,' " ,', ...' "'." ,',',.....,. <' -' ,,' .'..~~;;\ ' , ' " " ,; ,':' , .. ,,' " , . '!":::'~'."'"-:':~:'~:':':':":"_'~:;';;'-~':;':':';;'~";':'~"~~>i~~..>i:::.:.:....I:2~~::_~~~___-'"-. " .:":,~'--,..........'..~",......~......~,:",-._-,-,~" ' Agenda Iowa City City Council Regular Council Meeting February 15, 1994 Page 11 ITEM NO. 16 - REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY. a. City Manager. .r()_ b, City Attorney. ~~) ITEM NO. 17 _ CONSIDER A RESOLUTION AUTHORIZING THE CITY MANAGER TO PUR- '1'1- '1(; CHASE THE PROPERTY AT 1109 FIFTH AVENUE FOR THE PROVISION OF MFORDABLE HOUSING TO A LOW/MODERATE INCOME HOUSEHOLD. , .L ~."....:~. \ Comment: According to the Council policy adopted in April 1992, the City is actively seeking to purchase suitable vacant lots to be used for affordable housing. The lot at 11.09 Fifth Avenue meets the criteria of suitability which include a reasonable cost of the lot. Staff recommends purchase of said lot for $16,500. \ ~ Action: ?0 .~ r,;';:,; I r " _9:L:!L/. . I , , i , Comment: As a result of the triennial review of Iowa City Transit conducted by the Federal Transit Administration (FTAl, the City's process for soliciting public input regarding transit service/fare changes needs to be modified. This resolution will establish a policy regarding )Nhen a public hearing will be required for any transit fare/service changes. This policy is currently used by Coralville Transit and University of Iowa CAMBUS. . I~" ,I .:1 ~\.J >,'Ji J1 Action: % '\~..~: ~: ' " " \~ I ~, ! L~ i' "'0 ' '.:, "",'~.' ~:t .;. o :,',' ',' , , . J J I f" > ' 1 10 '. ~5 ' lOt ".' ,l,',,", '.\ #16b page 1 Horow/ (#16b) city Attorney. Gentry/ Yes. I have several things. I want to thank Naomi for my three stars that she said I earned on some of my research recently. I haven't had stars for my work product for awhile. Secondly I want to say to spin off of Susan's comment about the project for the park, Terry Trueblood came to the Noon Kiwanis and he did a very nice job with some photos telling us about what has happened to the park and the fund raising, etc. It was very telling. Even though I see Terry regularly, I learned things from hearing his presentation that I didn't know. And best of all we won the landfill lawsuit with the DNR. congratulations to John Hayek and our office, of course, and Chuck Schmadeke and Floyd Pelkey for doing a very good job. So this will be faxed to all 98 counties and the chances of this being appealed are remote. ."1 i 1 ! 1 ! 'j i ) I I , I ",',,1 ;,1 I 'I ; ,,'1 i ". ) "',! --I i Baker/ For the people in the audience. Gentry/ For the people in the audience who don't know about this. The city was cited some time ago by the DNR for littering of a few pieces of paper and some area of landfill garbage that was not covered over and it wasn't covered over because first of all it was too wet and secondly of all the equipment broke down. And when we got to trial the DNR did not have the photos of the heinous crime and so the judge found that we did not violate the law. " Nov/ And the city was the one who sued that we are not going to pay the fine. Gentry/ No. Recall they wanted a consent decree where we acknowledge that we were bad people and we would pay a fine and we said no. So they did take us to court. Horow/ That is fantastic. Nov/ Terrific. Gentry/ That is all I have. F021594 ~~, ,(r" '~ 0 i I -' ,'-- " ~-- ,. ..... .., ..~"",i"".,..,,~:;,.:,Q',::,::.;:;')"',;' ' ",:;;",";: .\ . "-r"--I,:)-..~':"'iO"\: "",,,,,,"','-~ "','" ,,'.',' ",v,. .(,,:.:),, "".".,8"',.",,,:.,."'" " ,-,--,~---,---' ._-,,':" " -,------- ',", ,', ,; , I '('1 'I'; ,',,! '[ , I , I ! I ,i I ,I I ,J cl ,[ 1 i [ I , j I , " .,'" ~, I 'I , ~ t' ,.~ r"', \ ' \ ~ ,I , , I i/ ! I II~' , . ! II " ,I' ~-, 1 ,.:':, " #18 page 1 , Horow/ (#18) Moved by Nov, seconded by pigott. ' Discussion. Kubby/ The resolution states that any service change involving 25% or, more the route miles of the system would require a p.h. I am just wondering about the rationale for 25% vs. 10%. It seems like doing a quarter change is a lot and that figure somehow should be lower because of all of the people that it will affect. Kevin Doyle/ That number was arbitrary but it was acceptable to FTA as far as the threshold of when the scope of when you would need to institute a hearing. If you had some minor adjustments which might affect 10% of your route miles you might not want to or you might not need to have a hearing. That could be changed if you prefer that. Kubby/ Does Coralville and the University have the same figure. Doyle/ Yes, the same 25% which has been acceptable. It is basically a local policy that can be whatever percent that you want. Kubby/ I feel like it is high. Atkins/ It is a threshold number. Personally-anything. You certainly have the ability to call- Kubby/ This wouldn't limit us so that if we chose to do 18% change in route miles that the council couldn't direct that we hold a p.h. Atkins/ Any kind of substantive change in Transit you wanted Transit to hold a p.h. it is certainly your prerogative. Kubby/ Okay. Thank you. Horow/ Roll call- (yes) F021594 ,"" ' ;'1 ,- ~ 1 .. , I " .. o I ",I " ....... '.,,_....... '..'.."..r"...'" !';:I' ,'-'''.)!'', , '"",,:",: ", ",\':' " ""t-,',I, .:"~',,<,;::," ,,:,t1:'r~ ,''J 5"LJ ' ':":", " :", ,:';'::,f:,~.,,::'.:>;;,~;:,,~,~,',:,~:!,:'::~:.., '-.',..,!; , ,-,,: ' ','""," .. '::..;'! ,",J .,'., , Y,,'" :"-,,, ,\<;" " " ' ..; ~\: '; " 1:',,' . -, " ,", ':',<.:::';":';;\:.i::\';:" .,,'. ,"'" '. ,'..:::,.:.. ':;:;'~';:?/,.')I,,';/~.zj;:..~,:'Y.:' ';,..'.,.. ..~_..:: '~",~ . " , Agenda Iowa City City Council RegulafCouncil Meeting February 15, 1994 Page'12 ITEM NO. 19 _ CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE ~4 _ 'f'6 CITY CLERK TO ATTEST AN AGREEMENT WITH SHIVE-HATTERY ENGI- NEERS AND ARCHITECTS, INC. FOR ENGINEERING SERVICES FOR DESIGN OF THE IOWA RIVER CORRIDOR TRAIL FROM BURLINGTON STREET TO HIGHWAY 6. Comment: This project consists of the preparation of construction drawings and specifications for the Iowa River Corridor Trail from Burlington Street to Highway 6. A Request for Proposals was issued and Shive-Hattery Engineers and Architects, Inc., at a fee not to exceed $31,500, is the firm recommend- ed by staff to receive the contract. .,; Action: ~ ~ddVf.l /r . k~ Jk ~ ITEM NO. 20 - CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING N-.lf') THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE CONSTRUCTION OF THE 1994 SANITARY & STORM SEWER PROJECT WHICH CONSISTS OF THE CONSTRUCTION OF SANITARY SEW- ER AT DUNUGGAN COURT, PINE STREET, KINETON GREEN AND THE WESTSIDE TRUNK SEWER AND STORM SEWER CONSTRUCTION AT ELLIS AVENUE. @ , ' } Comment: The bid opening for this project was held February B, 1994 and the following bid was received: ,.!- \ , Tschiggfrie Excavating Co. Dubuque, Iowa Engineer's Estimate $694,697.76 $609,693.85 ~ I Public Works and Engineering recommends awarding this contract to Tschiggfrie Excavating Co. of Dubuque, Iowa. Action: I(u~ / /(tf/HdJ xl; ~~ ~~ ~ ,'", i I II ~ ..'-., ,,' Jl ~! , ~,~ , o {, ,"" " \, ': ':;;:.""':"";'::/;:;'\:-"Q""'::':'."~.".';.':-'.'" """,,,',,,"',:. ,,:'J" ,;, <,!", :, ~ ',.', \'~ '\', /,'~;:':", \ ,::'" ~,\,-'" \ ...'........"."""'1'...'"'...'.'..'1"'..'.'..;1; , ' '. . '[}' '25""" , '. .':' " , ,:.'. ,',:",.':,,/,;;,. i,:""",.A;, '. " ,.......: . , ,.:,.....~:J I' ' J. ......-.;. ',' I \ ;', 1,\ :1 ) ,Co' ,:~, ' ' ~ ,,' ' "" , , --~- #19 page 1 Horow/ (#19) Moved by Kubby, seconded by Pigott. Discussion. Kubby/ There are some additional services in here and one of them is soils investigation. It seems like that would be an important thing to do. Where in the process do we decide and which additional services. Kevin Doyle/ I am just covering this for Charlie but he said that there was a clause in there for they thought they would have to do some soil borings and then depending on the need to that that there was an extra amount not to exceed a range of $800 to $2,000 depending on what they found after they started designing it I guess. Kubby/ So when we vote for this we are saying that if the engineer feels a need then it will automatically be done under those guidelines. Doyle/ Right. So it could go up another $800 to $2,000. KUbby/ Okay. Thank you. Horow/ Roll call-(yes) F021594 :'. , ,'..,,1-- ...,'.',.,2> . .". ',.. \'>~'B:" "ili'J":~;':"';' "''''':','''' """,~"":,,".,..''"( q" 1'.";".,"',,...... '1;'~.'," ;'i/,:',',' <-..:,::'i;. "':~~ ''-''_1~~:1:' _1:'" '~:"'~ ",t:I,I~.., ::".-' '. _ ,\'(...':'~.."'\"'.: " F...~~.x'~. ""~Iii . ' "'}5 ,,0.., , ' . 1 , , '" " '" ,,,: ,", '.. ,":',', ,. , 11I;' '100 ,'i' ,I... , , , ' " '~ . . ' . -',~: "~", ~:"::':';.... ,I . ',',./' " ", ,,', ,,' '; , ','~ \ . :, " ,'. ;~, , ",I ',' " ' .-. : ';! ~, ....', ';'.' #20 page 1 ,i Horow/ (#20) Moved by Kubby, seconded by Nov. Discussion. Lehman/ I just have one question. It came in approximately $90,000 higher than the estimate which is like 15% and we are still recommending it for any particular reason. Atkins/ Yes, it is at least the third try. Gentry/ And it is important that we get it done. Nov/ And we are never getting multiple bids on this one. Horow/ Roll call- (Yes). Carried. 1.,- , , '"': I ,'\ I ,J, ~- \ \ " ~ i I .... . I : I : I I I~ I I\.' j F021594 :" , " " , ",,' "'~i-':''-,L_~..,''"" ' ~ i' "", ...-."..".' ':"',~.:-:::.'I:;,\;"."" "'::<, "::.::,,,.;,:':,::;(1".\\:;;:"1,;, . I" "",,),n, ,,'l", '"", '-':,:, ";",,:,,:,, <:"""""';";");\'; - ,..:-'~ . <\ ":"':':i'--"T~'5"" " "lO"\! , ',[', , ,.,"j.' U" ': " " ',,', "", ',,' t :<"~'I~'~,~,':,:,~,::/:'i' :( 0' 'I I """"'",,',' ~ -- ,-".,.,~,'. " . '~~.': _~:' "i. ",~:,;.. . ., " ' " ~ ,:,},~;:~~,~,~';,y :" . '.,' " ' ~~i '", ... ,., ", ',', " ,~ ',' , , ," . _:~~:-;':':;';L.'::;;'-':'::"'-::~l:.';;.'.;:";~:":".,;.;;~;~;~;;.~:"':::;~;'~'~';'~:"'...,~._,..~.,.__ L .. " ; '. ; j~ ~~ .. \ \. , ~ , , I' i I ! ~: : I ! I. '<I \',~ '] ~. ~(. I:, ~, \ , " .: ......:.:.........:~.'_,....-...,.............i'~~......_.:.:......'_,.,:, Agenda Iowa City City Council Regular Council Meeting February 15, 1994 Page 13 . ITEM NO. 21 _ CONSIDER A RESOLUTION AWARDING CONTRACTS FOR THE PARK DE- 9'1- - 5D VELOPMENT CONSTRUCTION OF THE WHISPERING MEADOWS WETLAND PARK. Comment: The bid opening for this project was held February 8, 1994 and the following bids were received: Contract 1 (Park Development!, Barker's Inc. Iowa City, Iowa $110,912.50 Steger-Heiderscheit Dyersville, Iowa $116,672.40 Gee Grading & Excavation Cedar Rapids, Iowa $178,405.96 Peterson Contractors, Inc. Reinbeck, Iowa $122,669.25 Engineer's Estimate $112,341.00 Public Works and Engineering recommends awarding Contract 1 to Barker's Inc. of Iowa City, Iowa. Contract 2 {Prairie Restoration}, Olson Bros. Sodding & Landscaping Marion, Iowa $23,975.00 Lafayette Home Nursery, Inc. Lafayette, IL $36,574.72 Prairie Restorations, Inc. Princeton, MN Prairie Restorations, Inc. Princeton, MN Barker's Inc. Iowa City, Iowa Applied Ecological Services, Inc. Brodhead, WI Sodko, Inc. Decorah, Iowa CRM Ecosystems Mt. Horeb, WI $62,450.00 $27,700.00 $24,000.00 $24,179.00 $35,750.00 Engineer's Estimate $37,045.00 $30,180.00 Public Works and Engineering recommends awarding Contract 1 to Barker's Inc. of Iowa City, Iowa; and awarding Contract 2 to Olson Bros. Sodding & Landscaping of Marion, Iowa. "'''on: 1kt-/f:!:;1: ~ % o .. ., =- , /' ,..' ,1~.., .' ....'.... .' - " ""~ ~-'" '.' .. )",...,.. . ,', ' ',' " ./ ,;":,:,~'",, , ',:":'; ," hi' " ~', ,', ',','", Q".""',,,., \ "'" ":',;"":', ;,',<,.-' ..:'....,,: ~ :;" ' ,I' , , ,", "",:.'. , , , ~. . ',' .' I , I 10 I '1'..." , ":l 15" , 'I' """;.' , ": .' 0' ,..,.,'",'...'.1 ,::', 'i, -I . <; i I ,I ~' I"~ .,W C~. \ ~ " " ,;. I' , , . I I ~ I, f'. I I' :\I.cJ , I(~. . '\ .' #21 page 1 Horow/ (#21) Moved by Throg, seconded by Lehman. Discussion. Pigott/ I had a question abut why Barker's on the second contract was $25 more expensive or higher than Olson who was recommended to be awarded the contract on the second contract. Why is it that we didn't go with Barker's on both given the fact that the second contract is only $25 more. Fosse/ Barker had proposed to use Olson as a sub to do that work. So we can save $25 if we do it this way. Nov/ I was going to ask why not use the same contractor. You would only have to deal with one person and it seems that you saved $25 worth of Rick's time by doing it that way. You still have to deal with two people. Kubby/ What I am worried about is experienced and doing this and ! don't know how detailed the specs are. Does it talk about-I know it talks about certain kinds of species when we had a discussion about the species of grasses, etc. Does it make a difference as to how successful the plantings are in terms of the experience in plating those kinds of grasses. Fosse/ It does but we have researched this. We believe that the planting that is required here is within the means of the contractor that is the low bidder here. It just requires that is be drilled into the ground for some of the species and that certainly is within his means. Kubby/ And there will be some oversight to help insure that. Fosse/ Yes there will. the correct seeds inspection. The key here is making sure that we get and that is the key part of the KUbby/ Okay. Horow/ There is a motion on the floor, any further discussion. Roll call- (yes) F021594 O-I,,:,nI , "~j~~~}<;:'3::t'.9(~?':;~J;~,}"L."". >\ ':Q,"-r i~ " Q I., " . .-.~a'" I. '..f."..'.--.. '.",..'.'1'..'"".: , '0" 'is''y .' '.:':.', .~, ' " .~,' , L' "',.,;_( "':':,I~"!' ': -;,> ~~;'\"":"::W" :? .m:m. " I> .' ,,~,. " , . Agenda Iowa City City Council Regular Council Meeting February 15, 1994 Page 14 -~~', ' :1. ,J '. ITEM NO. 22 - CONSIDER A RESOLUTION AUTHORIZING CITY STAFF TO BEGIN NEGOTIA- 94 _ 5/ TIONS FOR THE PURCHASE OF PROPERTY LYING BETWEEN WATERFRONT DRIVE AND THE CRANDIC RAILROAD RIGHT-OF-WAY !=OR THE FUTURE EXTENSION OF SOUTHGATE AVENUE. Comment: The Public Works Department has recommended that the City investigate the purchase of two lots which lie between Waterfront Drive and the Crandic Railroad right-of-way located in the commercial area south of Highway 6. The purchase of these two lots would insure the availability of sufficient right-of-way for t e future extension of Southgate Avenue, Action: ~ ITEM NO. 23 - CONSIDER A RESOLUTION AMENDING THE CONFIDENTIAL/ADMINISTRA- q'-i - 52. TIVE AND EXECUTIVE CLASSIFICA TION/COMPENSA TION PLAN. Comment: Position responsibilities of the Transit Manager and the Parking Manager have been reduced by the creation of the position of Parking and Transit Director. These positions now have reduced responsibilities in bud- geting and long-range planning. It is recommended that both of these posi- tions be reclassified to Range 29 of the City of Iowa City's Confidential/- Administrative and Executive Classification/Compensation Plan. This range reflects the current responsibilities and duties of these positions. 'Yl~/ &W t~% ITEM NO. 24 - CONSIDER A RESOLUTION CERTIFYING UNPAID MOWING AND PROPERTY q", _ 5 3 CLEANUP CHARGES AND UNPAID SNOW REMOVAL CHARGES TO COUNTY AUDITOR FOR COLLECTION IN THE SAME MANNER AS A PROPERTY TAX. Comment: This resolution authorizes the filing of a lien against properties for unpaid mowing and property cleanup charges and unpaid snow removal charges, On January 24, 1994, certified letters were mailed to each property owner listed in Exhibit A notifying them of the date for the Council's consid- eration of the resolution. After the resolution is moved for adoption, property owners should be permitted to be heard concerning the unpaid charges. Action: b>>UU<J / 7/, .bL t/'A.i Action: I ., ,- \ \ r1 I : I ll, \~J 'i , .' ~' ~ r;, 1~\ 7Ar% .e ~ _L~ 1, ',.." .:: ..",,::),.. ",',','."', ',"'.',,' " "",,,0, '.:".'" .". .. :,"';','l..:", ~ -...,t-':: \,' ' .,t" '. 'l,!:"" , '~" - ,.'<1 ,',..j " fI' " i;':, ,I . J ~ ,,' . @ , :! ,,'''1.'.'0...'....,1'...,...., ,..'1".., .'} t;. 4,;,;,} ,.. , .~ "", ',"~''''P "; .'" , . " ,,' , " ."-"._-" '. --, .--.. .,.~_.-,.-._~-~"-', #22 page 1 Horow/ (#22) Moved by Nov, seconded by Throg. Nov/ Can we have a little explanation here about why we are investigating the purchase of these properties. Fosse/ The extension of Southgate Avenue has been in the comp plan for a number of years and the properties on the east side of the RR tracks are privately held by a couple of different property owners now. It is important that if the road is to go through that we secure the property before it is developed and we incur additional acquisition costs. Recently the route on the other side of the RR tracks has been called into question. It appears that the developer on that side of the tracks will need to go through the 404 permit process with the Corps so that is going to enter into our decision on whether to purchase this property. But I think that it is important that we start the process and at least pin down our option. KUbby/ So that if it is found that those are jurisdictional wetlands and we wouldn't to-if we would choose to reroute the street then we would not close the negotiations. We would have to make that determination before we close the deal. Fosse/ That is the logical thing to do. Kubby/ Okay. Horow/ Any other discussion. Roll call- (yes) The resolution is passed. ( F021594 ,(~o ) ....,..,.'.'......';.:..,'t~i;,',R.,;/.'.:1... ' iir:"",..' "".',,,~ .:...' ",.,',,", U )J.;'.', ;\":.....;,' .. :," ~ ' , '.",1.", ..23 "J~'ll. - .. '(~ , ~~, -, , , " ,',' \ , ~ '1 I,,', , ,j ,': " "';-:'i:,':"",\"" ""D'5..'.:,"ffJ~ '; ,'-, 1 """,;,,,!,,""'!'-':'I:., " :, i ",.,'i j "! "1 , ",.'1 '\:""'1 'I '....' ,I ~' "'~<".j , , I "; , I I I ,I . . ""i ""\ ~--~: ';":1 ,I ..: i i I ! 'I I , ,) ~(;,..~'~ ,:,-,,:,,:, .:. " f"'"-:'" , \ '" ': \ " ~. I I . I i b I . , I ' I j ''!, ,,,.; i"- Ii !'t"-~ i :I! ' 0 ' ~'/ A.L__ #24 page 1 lIorow/ (#24) Moved by Lehman, seconded by Throg. Kubby/ Like anybody stayed this late. Horow/ Discussion. Kubby/ Accept staff. I want to thank staff for being here so late to respond to any questions. Horow/ Roll call- (yes) Motion passes. F021594 ,-'. n . ...,'. ..'.",. ,'.,~.', '.' . ',.',.. ,:)7S'?~C """",,,,,;,.0 "\''';''''.'. ~1"\ ' :;',~:':"':' ',"~,';':":,,,~,',f:,,::,,;'.;,:',; ,ii,,':,'.. '. ,,' , ,', :' , '..',', I' - ',',,',"" , - _.'.0. '\,', ,~':' :, I " , , 'I i , , ,...., '1"~-:~''''.'P'';I,',.,,~:,''rw~' ,r,:..~;i(,~" ')5""" '0':" .- :"~:";";-~,",,:,,,"1;,,,,,'I/::\;':' ,,~~~!;{tV'"' .,'.;i:,;"":.' , ", ,,'" 't~' , , ~ Agenda Iowa City City Council Regular Council Meeting February 15, 1994 Page 1 5 , i , i ! ITEM NO. 25 _ CONSIDER A RESOLUTION CERTIFYING UNPAID WATER, SEWER, SOLID 91- '9{ WASTE AND RECYCLING CHARGES TO THE COUNTY FOR COLLECTION IN THE SAME MANNER AS A PROPERTY TAX. , i ! I 'l Comment: This resolution authorizes the filing of a lien against properties for delinquent water, sewer, solid waste and/or recycling services. On January 26, 1994, certified letters were mailed to each property owner listed in , Exhibit A notifying them of the date for the Council's consideration of the resolution. After the resolution is moved for adoption, property owners should be permitted to be heard concerning the unpaid charges. Action: 1~1 ~/~/ ~ ITEM NO. 26. CONSIDER A RESOLUTION OLLlNG THE EFFECTIVE DATE OF PROPOSED '14 - 55 CABLE RATES (FCC FORM 393). " ,~ "~ r'-" , , \ ~ ! ' ~ , I I J , I I, , I ""1 :>,.,1 l ~b~i.:i ~~~, 1'( L. {~~- Comment: The FCC has imposed a deadline, 30 days after receipt of a request for cable rate approval (form 393) from a cable operator, by which a franchising authority must act to approve or challenge those rates. Howev- er, the City may toll that deadline by 90 days if additional time is needed. Due to one or more deficiencies in the cable company's filing and the time needed to review the reasonableness of the proposed rates consistent with FCC formulas, this extension is necessary to meet our needs as a regulating authority. Action: (% ITEM NO. 27 - CONSIDER AN ORDINANCE AMENDING CHAPTER 33 ENTITLED "UTILITIES" OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY ADOPTING A NEW SECTION 33-10.4 ENTITLED "TAP-ON FEE FOR THE NORTHWEST SANITARY SEWER PROJECT". ISecond Consideration) Comment: Section 33.10.3 of the Code of Ordinance of the City of Iowa City, Iowa, authorizes the City to adopt and implement project-specific tap-on fee ordinances to provide for the equitable apportionment of costs associated with extension of public utilities. The City is proposing to establish a tap-on fee for the Northwest Sanitary Sewer, a trunk sewer serving the northwest area of the City within the Clear Creek drainage basin. #ddr / tftI Action: J/~(!. vip ~~ ITEM NO. 28. ADJOURN. ~ //f~ mgrlagendaI2.15.agd ///5 I' m . ~~. , ).,.,.",:" ',,'i:"," " ,"':-'-,,", 'i'.";' .,q,i,,'....,.... , "'~,:,"'" ,- '- =,-,-., \ ':< I I I ,;0' . , - .....~+' , , I ' ' I I o . ""r"..' ". c. , ;'J, '."'1 "'o".'i... \' , . ,':' , l". ',' ,", I.. ,,,. ~ I " '.'.' >'.:;~': " , I #25 page 1 i I 'j i ! , ! , ,I , I i i .,1 \ , , '. , , "t \ , ',~ I , I , I >'<'~ " i "i ',I 1 . ~ i , I j Horow/ (#25) Moved by Throg, seconded by lehman. Discussion. Kubby/ Marian, did yo get any calls today about people hearing about this. Karr/ No. My office did not. I can't answer Finance. , '.,..'.. "',,; Kubby/ Thanks. ,;, KUbby/ Did Finance receive any calls about people who may wanted to have appeared tonight. I am just worried about the late hour and that doesn't seem. Gentry/ We didn't get any phone calls. Dianna Donohue/ We did not have any phone calls today. , , J ....' ! '<; --<I " ! , ,1 Horow/ Roll call- (yes) Resolution passes. ~, ! \, :/ ! I I r~ I In. \''..4 ' ,,,...., , F021594 \' ~ ',' " ,~:,~ ' ' "',' ", ',( :',....:;)':.'~;:;"f\ .../~.',;').I'..' ," ,,',.' \, ~ , ."t", ,'. , ,', "'''',, ,",', "','" ", ""\~'5'~~'"'" ".fO""", I{' -:\:,8" ,'/.' ",' ,"', \, /"',:':,:""~"';,,I':' " o i ,/ 'I" ' , \ ._( , ~j i ; ! . -~ I 1 , t r'4' ~ ,.:.a"l " ' I r ~ ~ .. '~ I" ,j :I, ~i ~, \; " 'i(t ~~, ',LO ....1 1 1 #26 page 1 Horow/ (#26) Moved by Nov, seconded by Pigott. Discussion. I would like somebody on the Board what tolling means in this context. , ,-, " Gentry/ Extending. Horow/ That is what it means. Gentry/ Puts in abeyance. Horow/ That is what I assumed it meant but usually a bell is tolled. " "'. Gentry/ It ~tops it from running. It doesn't mean the same at all. It stops it from running. It stops the clock. Hellin~/ what it does is it basically delays the deadline. It llioves it back. However you want to call it. It gives us 90 more days. Horow/ Do we have any other discussion. Roll call- (yes) The resolution passes. ,,'. Gentry/ I would have never put a word like that. Helling/ This is extracted right from the FCC rules. Of " i,.'; , /' F021594 , " '! -'I ,.... ,'~." .-"~~ ,',,:,~;(:II,,;q(.'y"~,l;!'.;'i:\ ,. ".\. .', ''''''''1;-5,;.:1. B"h!', "'I. ..~::,,~,:~IL, ,.', ~' . ",I'" ' ":'~.'" ",,' ; '..::' ,':'.,", ~\,",':':.i"~:,: ., , ',~, - ,~.- "";', .' " : "~t\.:, ,'~ ' ",'. ,.\I,~ ,. . ", , "i ';, .f ;~. , , '~., ,'<' , , ~~:.;:~,~'"~.,'~;\~.< ~;~';~:~"'~~""_':'~-~:~':"~~;'J,.,~,~:~..:...-':L~~_. --- '';' . , ' . . ,:' ',," . , ," , ,,' . ....,._-----....'....~~,....u"""""'...,...___ __.,'.._" .- 'j City of Iowa City MEMORANDUM DATE: TO: FROM: RE: February 11, 1994 City Counci 1 City Manager Work Session,Agendas and Meeting Schedule February 14, 1994 Monday 6:30 P.M. . City Council Work Session. Council Chambers (Times approximate) 6:30 P.M. Review zoning matters 7:15 P.M. . Near Southside Commercial Urban Revitalization Plan 7:45 P.M. . Sensitive Areas Inventory Map 8:05 P.M. - Pesticide Application Regulation 8:25 P.M. - Internet 8:40 P.M. - Council agenda, Council time, Council committee reports 8:55 P.M. - Consider appointments to the Historic Preservation Commission and Senior Center Commission February 15, 1994 Tuesday 7:30 P.M. . Regular Council Meeting - Council Chambers February 22, 1994 Tuesday 7:00 P.M. - City Council Work Session - Council Chambers Meet with Airport Commission February 28, 1994 Monday 6:30 P.M. - City Council Work Session - Council Chambers Agenda pending March 1, 1994 Tuesday 7:30 P.M. . Regular CQuncil Meeting. Council Chambers PENDING LIST Appointments to the Board of Library Trustees and Civil Service Commission. March 1, 1994 Appointments to the Animal Control Advisory Board and the Housing Commission. March 8, 1994 Appointment to the Design Review Committee. March 29, 1994 C.:.': 0 _ ~=.' 1" ;;<<0 ,). ..",:"",:': .-\ '~ ::~':':"J\,.i":"~'J,:~ ,,~!Y:' , - ,0, I , i I I I ".. . . ' A I;;J ~ "\ , I t. "~.l .. lti.' I ." ,