HomeMy WebLinkAbout1994-02-15 Agenda
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REGULAR COUNCIL MEETING OF FEBRUARY 15, 1994
7:30 P.M.
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COUNCIL CHAMBERS, CIVIC CENTER
410 EAST WASHINGTON
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AGENDA
IOWA CITY CITY COUNCIL
REGULAR COUNCIL MEETING . FEBRUARY 15,1994
7:30 P.M.
COUNCIL CHAMBERS
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ITEM NO.1. CALL TO ORDER.
ROLL CALL.
5TA7E oF' erN fYlt.5SIfGe.
ITEM NO.2 MAYOR'S PROCLAMATIONS
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a. United Way and Parsons Technology Hospice Road Races Volunteer
Appreciation Week. February 13.19, 1994. ~ ,"-c U.l.b<r :tLtI<l t.......
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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.
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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.
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#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.
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Agenda
Iowa City City Council
Regular Council Meeting
February 15, 1994
Page 2
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c. Setting Public Hearings.
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. (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.
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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
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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.
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Agenda
Iowa City City Council
Regular Council Meeting
February 15, 1994
Page 3
d. Resolutions.
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(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.
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ITEM NO.4-
END OF CONSENT CALENDAR
PUBLIC DISCUSSION.
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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.
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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.
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3e(9) Ltr. from Thomas Heingeist regarding the new environmental inventory map.
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#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.
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Agenda
Iowa City City Council
Regular Council Meeting
February 15, 1994
Page 4
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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.
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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)
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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.
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Action:
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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)
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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:
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#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.
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Horow/ Any other questions.
All those in favor (ayes).
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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.
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Agenda
Iowa City C,ity Council
Regular Council Meeting
February 15, 1994
Page 5
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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:
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#5d page 1
Horow/ (#5d)
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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.
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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.
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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.
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#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.
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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
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#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
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#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.
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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.
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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.
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#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.
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Horow/ I am looking for a motion.
Moved by Nov, seconded by Baker. Any discussion.
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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
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#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
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#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.
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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.
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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
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#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
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#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.
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on secondary -
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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.
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of the secondary access issues specifically.
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#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.
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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.
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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.
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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.
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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 -
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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
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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.
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Nov/ How about in three weeks. We have a meeting in three weeks.
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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.
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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
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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.
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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)
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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:
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#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.
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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
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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
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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:
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#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.
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#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.
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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.
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referred to and those would all be in the-
Horow/ Any discussion.
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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
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#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.
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#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.
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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
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#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.
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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.
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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
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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-
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#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.
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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.
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#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.
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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
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#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.
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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
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#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.
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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-
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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
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#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.
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Schoon/ Right. The DR Committee does not review it. There are
design criteria that are administered b;y the Director of
Planning.
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#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
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#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.
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#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
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#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.
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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
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#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.
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corner without residential will have vacancies.
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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.
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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
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#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.
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Thornberry/ What do you call larger.
Pigott/ I don't know. That hasn't been defined.
Thornberry/ Larger hasn't been defined.
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Kubby/ Over 1500 square feet.
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spaces.
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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
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#6 page 18
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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.
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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-
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#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
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#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
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#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
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#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.
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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.
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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.
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#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.
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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.
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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-
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#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.
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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.
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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.
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#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
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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.
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viable on its own.
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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
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#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
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#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
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#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
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#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
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#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.
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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.
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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.
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#6 page 32
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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.
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#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.
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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.
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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.
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#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.
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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.
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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
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#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.
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#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
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#6 page 37
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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.
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#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.
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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
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#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
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#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.
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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.
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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.
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Nov/ And the abatement would start in September of '96 and would
go for ten years.
Gentry/ Correct. Assuming the use was not changed.
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#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.
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#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.
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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.
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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-
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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
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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
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Horow/ (#7) Thankfully we don't have to deal with.
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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)
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Action: JJWuIv/ (~ Is/' r; 1// t
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ITEM NO.9. PUBLIC HEARING ON CONVEYANCE OF A PORTION OF CITY PROPER Y TO
GARY L. GAINES, IN EXCHANGE FOR ADDITIONAL CITY LAND.
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, 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.
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Action:
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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.
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#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
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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.
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. 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:
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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,
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Comment: See Item No. 11 above.
Action:
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ITEM NO. 13 - ANNOUNCEMENT OF VACANCIES.
a. Current Vacancies.
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(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.
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(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.
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(3) Animal Control Advisory Board - One vacancy for a three-year
term ending May 4, 1997. (Paul Cooper's term ends.)
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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.
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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.
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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:
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(2) At-Iarge,representative (Doug Russell's term ends.)
Action:
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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:
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ITEM NO. 15 - CITY COUNCIL INFORMATION.
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#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.
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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.
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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
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#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
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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.
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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.
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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
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#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
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#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
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Horow/ This is a big-approximately. It is not your $10-
Atkins/ We will recover our costs only.
Horow/ It is fascinating.
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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.
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b, City Attorney.
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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.
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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.
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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.
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#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.
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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
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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
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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.
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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.
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Comment: The bid opening for this project was held February B, 1994 and
the following bid was received:
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Dubuque, Iowa
Engineer's Estimate
$694,697.76
$609,693.85
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Public Works and Engineering recommends awarding this contract to
Tschiggfrie Excavating Co. of Dubuque, Iowa.
Action:
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#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
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page 1
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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.
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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.
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#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
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Iowa City City Council
Regular Council Meeting
February 15, 1994
Page 14
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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.
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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/,
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Action:
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#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
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#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
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Iowa City City Council
Regular Council Meeting
February 15, 1994
Page 1 5
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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.
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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:
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ITEM NO. 26. CONSIDER A RESOLUTION OLLlNG THE EFFECTIVE DATE OF PROPOSED
'14 - 55 CABLE RATES (FCC FORM 393).
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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:
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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.
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Action:
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ITEM NO. 28. ADJOURN. ~ //f~
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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.
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Kubby/ Thanks.
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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.
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#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.
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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.
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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.
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Gentry/ I would have never put a word like that.
Helling/ This is extracted right from the FCC rules.
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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 _
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