HomeMy WebLinkAbout1994-03-08 Agenda
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IOWA CITY CITY COUNCIL
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AGENDA
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SPECIAL COUNCIL MEETING OF MARCH 8, 1994
7:30 P.M.
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COUNCIL CHAMBERS, CIVIC CENTER
410 EAST WASHINGTON
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ITEM NO. 3-
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a. Daffodil Days - March 28-April 1, 1994.
b, ~f ~ ()~,.. Ya1.. I )Jiau~;k) I '7'/' 'f:
CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR
AMENDED.
AGENDA
IOWA CITY CITY COUNCIL
SPECIAL COUNCIL MEETING. MARCH 8, 1994
7:30 P.M.
COUNCIL CHAMBERS
ITEM NO. 1 - CALL TO ORDER.
ROLL CALL.
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ITEM NO.2- MAYOR'S PROCLAMATIONS
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a. Minutes of Boards and Commissions.
(11 Human Rights Commission meeting of February 28, 1994.
(2) Committee on Community Needs meeting of January 26, 1994.
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(3) Mayor's Youth Employment Board meeting of January 5, 1994.
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(4) Historic Preservation Commission meeting of February 8, 1994.
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(5) Board of Adjustment meeting of February 9, 1994.
b. Setting Public Hearings.
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(1) CONSIDER A RESOLUTION SETTING A DATE FOR A PUBLIC
HEARING ON MARCH 29,1994, ON THE PROPOSITION OF THE
ISSUANCE OF $6,940,000 GENERAL OBLIGATION BONDS OF
IOWA CITY, IOWA, AND PROVIDING FOR PUBLICATION OF
NOTICE THEREOF.
Comment: This resolution sets a date for a public hearing on
March 29, 1994, at 7:30 P.M. in the Council Chambers to receive
oral and/or written comments or objections from any reGident or
property owner regarding the issuance of $6,940,000 of General
Obligation Bonds. The projects include: Rohret Road
($2,100,0001; Wastewater distribution projects - Westside Trunk,
Pine, Kineton, Sunset ($795,000); Wastewater- EPA compliance,
design only ($1,555,000); New Water Treatment Facility - design
only ($1,500,000); Whispering Meadows Wetlands Park Develop-
ment ($190,000); Curb Ramp Improvements (ADA) ($50,000);
Regional Storm water Detention - S. Sycamore Area ($705,000);
and Bond Issuance Costs ($50,000).
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The actual bond issue will be closer to $7.4 million because the
City Council already approved Resolution 93-258, which allowed
the City to reimburse itself from bond proceeds for the costs
associated with the Robert H. Lee Recreation Center roof and
floor replacement ($425,000).
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Agenda
Iowa City City Council'
Special Council Meeting
March 8, 1994
Page 2
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(2) CONSIDER A RESOLUTION SETTING PUBLIC HEARING FOR
MARCH 29,' 1994, ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT AND ESTIMATE OF COST FOR CONSTRUCTION OF
THE IOWA CITY SENIOR CENTER EXTERIOR REPAIRS PROJECT.
Comment: This project consists of the repair and reconstruction
of the Senior Center roof and skylight as well as repair and resto-
ration of exterior stone work, brick facade, and window lintels.
Preliminary cost estimates include base bid: $43,575.00 and add
alternate #1: $21,700,00.
",j c. Resolutions.
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9.t/-~ ~S (1) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN
REGARDING A PROMISSORY NOTE AND A MORTGAGE FOR
PROPERTY LOCATED AT 1703G STREET, IOWA CITY, IOWA.
" Comment: The owners of the property located at 1703 G Street
- received a low-interest loan of $1,944 through the City's Housing
Rehabilitation Program on April 8, 1992. The loan was paid off
on February 16, 1994, and can now be released.
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q4-~ (2) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST THE RELEASE OF TWO LIFE
,-, ~ LIENS REGARDING TWO PROMISSORY NOTES FOR PROPERTY ,..,
LOCATED AT 502 THIRD AVENUE, IOWA CITY, IOWA.
Comment: The owner of the property located at 502 Third Ave-
(" nue, through the City's Housing Rehabilitation Program, received
'"~ assistance for a total amount of $2,705.25. This amount was
....----:!. paid back to the City on February 28, 1994, and can now be
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~ qlf- "7 (3) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN ;
AND THE CITY CLERK TO ATTEST THE RELEASE OF A DRAIN-
AGEWAY AND STORMWATER STORAGE EASEMENT LOCATED
~ ON LOT 44, FIRST AND ROCHESTER, PART ONE, IOWA CITY,
IOWA AND TO EXECUTE NEW DRAINAGEWAY AND STORM-
WATER STORAGE AREA AND NEW STORM SEWER AND DRAIN- ,"
AGE EASEMENTS FOR THAT PROPERTY.
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Comment: The City possesses a drainageway and storm water
storage area easement on Lot 44, First and Rochester, Part One,
Iowa City, Iowa. In order to increase the buildable area of the lot,
the owner has requested the City to rele,ase the existing easement
in exchange for a new easement over a smaller portion of Lot 44.
The City does not require the additional area included in the origi-
nal easement. In addition, a storm water and drainage easement
was inadvertently omitted during the platting process. This Reso-
lution authorizes release of the existing easement, execution of
the replacement easement and execution of the storm water and
drainage easement.
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Agenda
Iowa City City Council
Special Council Meeting
March 8, 1994
Page 3
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d. Correspondence.
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(1) Petition signed by sixteen Iowa City and Coralville residents re-
garding the SEATS service.
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(2) Letterfrom Timothy M. Clancy, Chairperson ofthe Johnson Coun-
ty Coalition for Persons with Disabilities, offering this organi-
zation's input on issues related to disabilities.
(3) Letter from Joy Smith and David Rust expressing support for
extending health benefits to domestic partners.
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(4) Letter from James E. Clayton regarding the proposed urban revi-
talization plan for the near Southside. .
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(5) Letter from Susan M. Goodner, M.D., of Coralville, expressing
support for extending health care benefits to domestic partners.
(6) Letter from Nancy Heerens-Knudson, Physician' s Assistan~, and
Ralph Knudson, M.D., of Coralville, expressing support for health
care benefits to domestic partners. '
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(7) Letter from the Iowa City Community School District regarding
the parking ban on Morningside Drive.
(8) Letter from Mona Shaw regarding health care benefits for domes-
tic partners. '
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(9) Memorandum from the Traffic Engineer regarding parking prohibi-
tion on the east side of First A venue from Rochester Avenue to
the north end of First Avenue.
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END ~F CONSENT CALENDAR
ITEM NO. 4 - PUBLIC DISCUSSION.
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City of Iowa City
MEMORANDUM
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Date: March 7, 1994
To:' Mayor and City Council
From: City Clerk
Re: Additions to the 3/8/94 Council Agenda
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Letter from John Morrissey regarding the proposed Urban Revitalization Area
south of Burlington St.
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IDe. Accept the recommendation of the Johnson County, Sesquicentennial Comm.
that Bud Louis be appointed as the representative of Iowa City on the Comm.
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#3 page 1
Horow/ (#3 Consent Calendar) Moved by Pigott, seconded by Kubby (to
approve consent calendar as amended). Any discussion.
Throg/ I guess I don't know how to phrase this. Can we consider
Item #3b(1) separately. I have a question to ask about it.
Maybe we can do that right now.
Horow/ Why don't we take that out. Actually I would also like to
take out Item #3d(7), the letter from Iowa city community
School bistrict regarding the parking ban on Morningside drive
and discuss those separately. Would council agree to that.
Throg/ Yep. Sure.
Horow/ And I would like-
Karr/ Motion to delete b(1)-
Horow/ Item #B(1) and Item #d(7).
Karr/ Okay, for separate discussion. So we have a motion on the
floor. It has been seconded. Roll call. Yes.
Gentry/ On the motion? Oh, I thought you were doing the motion.
Horow/ (Go through roll call-yes). All right. Now we will consider
Item #3b(1). Jim, do you have a question about this. This,
for the public, is setting a date for public hearing on March
29 on the proposition of the issuance of $6,940,000 GO Bonds
of Iowa City and providing for publication and notice thereof.
Throg/ My question concerns the potion of the resolution that
concerns the new Water Treatment Facility and I simply didn't
have time to ask about this before hand so this is the only
opportunity I have to ask I think. That would include one and
half million dollars into the GO Bond for design of the Water
Treatment Facility. I don't have any problem with spending
money on design of the Plant but I thought we hadn't resolved
how to pay for either the Plant or its design whether it be GO
Bonds or Revenue Bonds.
Atkins/ You have not. Let me explain that to you then. This is an
authorizing resolution. It will have to come back to you
ultimately before you actually approve sale. When we layout
these authorizing resolutions and build or put together the
bond perspectives we identify the projects that we would like
to finance under the terms and conditions of this GO Bond.
This small amount for this particular aspect of the larger
project, it was our intention to sell the GO Debt to finance
the engineering cost. However, how you pay for it, that is
F03894
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#3 page 2
whether you decide to retire it with property tax or water
revenue, has not yet been decided. We will occasionally sell
GO Debt because we can get a lower interest rate and yet
retire that debt by water or sewer revenues. You are correct,
that has not been decided yet.
Throg/ Okay, thanks, steve.
Kubby/ Along the same lines. Curb ramp improvements for $50,000,
we have been doing that through Road Use Taxes in the past.
Atkins/ Yes. And if you will recall in the seven year plan we
dramatically expanded that. This $50,000 is intended to come
from a GO Debt. We have another $50,000. We are doing
$100,000 a year instead of $25,000 under our seven year plan.
Kubby/ And are we expected to always do half from Road Use Taxes
and half from GO Bonds.
Atkins/ I don't have it committed to memory but I think that is how
we have laid the thing out, Karen. Here is $700,000 at
$100,000 a year. But I can look it up for you.
Horow/ Any other questions. You want us to come back to that,
steve.
Atkins/ No. Karen is satisfied.
Karr/ Madam Mayor, before we go to the next one. This is a
resolution. So I do need a motion and a second to approve it.
Horow/ All right. Moved by Baker, seconded by Lehman ((#b(l)).
Any further discussion.
Atkins/ May I comment before you vote. I did check, Karen. It is
50 and 50 each year for the next seven years.
Horow/ Any other discussion. Roll call- (yes).
I would like us to go to #3d(7), the letter from the President
of the School Board regarding the parking ban on Morningside
drive. For the public, Mrs. Champion has is writing on behalf
of the Iowa city School District in regards to the parking ban
on Morningside Drive. Money has been allocated for a new
parking lot for City High School and the construction on that
lot will begin this summer, 1994. Parking lot will be
completed and ready for use at the beginning of the 1994-95
school year. We are asking that the parking ban on
Morningside Drive be repealed by city Council until the end of
the school year. Thank you for your consideration. Sincerely
Yours, Connie Champion.
F03894
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#3 page 3
Baker / Sue, how many spots are they talking about on that lot.
Does anybody know.
Horow/ It is like about-
Atkins/ 200, I thought.
Baker/ Substantial.
Horow/ There are blo separate lots. The design, because of the
terrain, it is separated almost into two different terraces
and one will entrance and exit onto Court and the other will
entrance and exit from the circle.
Throg/ It is a substantial amount but I guess it won't accommodate
all of the cars that students drive out to city High in.
Lehman/ Do we know how many spots we are talking about on
Morningside Drive.
Horow/ No.
Nov/ No where near the 180.
Atkins/ Don't hold me to it. 18 seems to be a number that sticks
in my mind. I am trying to think of that general area.
Horow/ We are talking two blocks. A two block area. The 1600
block and the 1700 block as I recall.
Atkins/ It is something in that neighborhood if I recall.
Horow/If you recall we were discussing this in terms of whether or
not the school board actually did appropriate the money and
gave us a time definite in terms of when the parking lot would
be built. The idea for rescinding this for a temporary period
of time would be let the students know before they leave on
semester break this Friday that there would be parking on
Morningside after semester break. But only until the end of
school.
Nov/ I think you have the wrong friday. I think there is another
week in there.
Horow/ I think you are right. Yeah, you are right. The 19th.
Kubby/ I guess I would like us to also entertain an idea of talking
about rescinding the parking ban on Glendale Road except where
there is safety consideration and to talk about Third and
Dunlap because they are all kind of brought about by the same
F03894
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#3 page 4
issue. I kind of think in terms of being fair that we need to
behave equally on all of the neighborhood streets so that not
one neighborhood is negatively impacted. That it is spread out
a little bit more.
Nov/ On Dunlap Court they have parking on both sides. There is no
way an emergency vehicle can get in there. We really have to
bring that down to one side only.
Kubby/ I would like to propose that on Third and Dunlap that we
prohibit parking along the cuI de sacs because it is hard for
service vehicles to get around them. Each cuI de sac has a
tree that the vehicle ends up hitting as it goes around. But
on the other sites that we prohibit parking on one side of the
street eight to five, Monday through Friday. So there is
parking on one side of the street at all times but not eight
to five, Monday through Friday, so that service vehicles can
get in.
Nov/ Even on Dunlap Court they had parking on one side only the
vehicles could get in but two sides it is impossible.
Pigott/ The Glendale Road issue-
Nov/ We also need to do better enforcement. I get phone calls from
people who say that the cars are blocking the driveway, I
can't get my car out, and I called the school and I called the
police and nothing is happening. We need to do something
about it.
Pigott/ I am concerned about the safety on Glendale Road. There is
that path that goes up to the High School and you know I think
the residents in that area have legitimate concerns regarding
blocking that pathway and having kids come out into the street
if cars are parked there and I don't like the idea of blocking
that area off on that side of the road anyway with cars when
that is a possibility.
Kubby/ I talked with Jim Brachtel today about that and asked him
what he would recommend and he said that if we want to allow
parking brought back on Glendale but want to protect that
pedestrian access that 150 feet on each side of that sidewalk
would be a way to protect.
Horow/ Well I think we have a number of options here. Karen and I
have talked about this. The school board specifically asked
us to rescind the parking ban temporarily on Morningside Drive
until the end of the school year. They do not ask for the
other areas. Whether or not this is because the student
population has kind of accepted this at this point, I don't
F03894
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#3 page 5
know. But what is your pleasure. Would you like to have a
vote on the whole area or specifically Morningside Drive.
Baker/ Would it be Morningside Drive and a separate vote on the
rest of the areas. Morningside Drive I have no problem with.
Kubby/ Each one separately.
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Gentry/ May I have some clarification. Are you deciding on
accepting the letter which is a routine matter on the consent
calendar which is d(7).
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Horow/ It is not a matter of accepting it, Linda, and I need some
guidance on this. What I see is at this point in the consent
calendar, because the letter has been accepted.
Gentry/ You pulled it out for discussion.
Horow/ We are talking about action on it. In terms of achieving a
cooperation between school board and city council. To be
specific, we are talking three months from the middle of March
to the middle of June on this. That there would be permitted
parking where we right now have prohibited it. As soon as
school is out the prohibition will go back on again. And in
the amount of time that the students are allowed to park there
we will work on vigorous enforcement and the students will
know that they will be ticketed.
Pigott/ It is just one side of Morningside Drive if I am not
mistaken. Is that correct.
Horow/ Right.
Gentry/ Are you attempting to take formal action under the
traditional Brachtel reference tonight. Directing Jim
Brachtel-
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Baker/ To prepare whatever is necessary to do it.
Horow/ Not item 9, Linda. We are talking about item 7.
Kubby/ We can't act tonight.
Gentry/No. You can direct Jim Brachtel to bring something back to
you. Yes, that would be the appropriate mechanism.
NOV/ We can act, then, at our next meeting. '
Gentry/ Yes.
F03894
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#3 page 6
Baker/ And it would go into affect immediately upon the vote.
Gentry/ Yes.
Horow/ This is- Go ahead.
Lehman/ The letter from Connie was regarding Morningside Drive
only. Is that correct. We are talking about 18 spaces,
approximately. Somewhere in that neighborhood.
Atkins/ I am just digging back on some kind of recollection. It
seemed like it was something like that, Ernie.
Lehman/ Doesn't seem very significant to me and if we are not
talking about all the rest of the area I really don't think we
should single out Morningside Drive.
Nov/ That is what we are basically saying. But that is the one
that they wanted. So if we are only talking about 18 spaces
perhaps we should not consider any.
Kubby/ We can do more that what they requested.
Lehman/ I realize that or we can do nothing.
Throg/ It is important for us to not forget the letters we have
received from Kathy and Jeff Mccullough and any other
neighbors along Morningside talking about potential hazards to
their children. If I remember their letters correctly they
said there is something like 18 small children along
Morningside and so they are worried about cars being driven
through quickly and so on and we don't want to jump into this
decision. I am just reflecting upon this.
Kubby / Some of us have talked- I mean Naomi was talking about a
bunch of tradeoffs that everybody is doing. The school
district has taken responsibility to try to alleviate some
parking problems. The neighborhood may have to compromise for
three more months. And what we can do besides taking way the
ban is to also do more enforcement to try to accommodate the
neighborhood concerns. So it seems like everybody is doing a
little bit to help resolve the problem and so at least a chunk
of it can be resolved.
Horow/ The process is: 1- We need acceptance of the letter. And
then 2-Direction to Jim. The chair would entertain a motion
to accept the letter, #3b(7). Moved by Kubby, seconded by
Nov. Any further discussions.
Pigott/ I just wanted to say that I talked to the Mccullough's as
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#3 page 7
well and I think their concerns are pretty legitimate and
valid and I am afraid of jumping into something when their are
so many young kids around there and in some way I wonder if
the burden should be on the older people who know driving
those streets and parking on those streets as opposed to the
young children who play in that area. And there is a tradeoff
but I would just like to talk about that for a minute.
Kubby/ But with this letter we are just accepting the letter. We
are acting on it.
Pigott/ I just wanted to insert that part into the general
discussion.
Kubby/ So, we need to still tell Jim what we want to-
Throg/ I am also remembering that in the letters that we have
received from Dale Hibbs and the petition we received from
Chad Clark and the 170 or so students and the statement from
city High Student Body President and so on. I don't recall
hearing any clear discussion on their part about steps that
the students are taking to control the increase in traffic in
,the city High area. So my concern there is that we might be
able to deal with this problem now in the short run but it
seems to have gotten worst over the last few years and it is
likely to continue to worsen. So, in the spirit of wanting-
seeking each party to somehow to give a little and get a
little I am wondering if we can request the student body. If
there is some formal way to ask the student body to kind of
program in ways to reduce the increase the traffic.
Kubby/ To do more programming.
Horow/ I agree with Jim. I totally agree with him and I think a
letter would certainly be the minimal amount we could do to
the student senate asking them to understand the cooperation
that is going on right now but that it really means that not
only this year but next year that the student senate truly
needs to grapple with this problem. Good idea, Jim.
Pigott/ And maybe one of the things that have been mentioned was
the athletic programs and the after school programs and
perhaps they could talk as groups as football players or
whatever to coordinate their schedules. I don't know.
Kubby/ Maybe the letter can encourage them to get the group that
they solicited from that one meeting at the city High Library.
I know I signed up for that and did some follow up and was
told that I would be contacted and I haven't been so maybe we
could encourage them to get that group moving forward.
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#3 page 8
Horow/ Okay, that is a good idea. I totally agree.
Throg/ Sue, I would also like to make one other very short point
about this. Either last week or two week before that we
received a letter from a gentleman that lives on Third Avenue
in which he blamed the parking problems in his and other
neighborhoods on city High and the city. He wrote as if the
students are enemies who are invading his neighborhood and he
expressed irritation about having his personal freedom
curtailed by parking restrictions. And I take a very
different view and I imagine many other councilors do. Kids
who attend city High are not enemies or invaders. They are
children. My son goes to city High. He is not an invader.
So-
Horow/ Is he cutting through the back lawn of this man's-
Throg/ No, because when I drive him to school we don't get off
there.
Horow/ You drive him to school.
Throg/ At times, yes. If it were me I would enjoy the chance to
create a pathway through my yard for him.
Nov / But if you had peonies and rose bushes that were being
trampled you would be a little upset.
Horow/ Let's pull this back together again. We have a first and a
second. This is a mere motion. All those in favor signify by
saying aye (ayes)
Now we get down to the of the whole thing and that is
the instructions to' Jim. It has been suggested that we take
it piece by piece. The chair would entertain a motion to
rescind the parking ban on Morningside Drive until the end of
the school year.
Nov/ One side of Morningside drive only.
Horow/ Right.
Kubby/ I don't like the until the end of the year part.
Nov/ No. The end of the school year.
Kubby/ I don't like the end of the school year.
Nov/ Why.
Horow/ I have gone around and around about this. If they are
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#3 page 9
asking for it until the end of the school year. They are not
going to see students during the summer parking out there.
Kubby/ It is not just students who park on the street.
Lehman/ I think I see your point. You are saying rescind it
period. If we are going to rescind it, rescind it and don't
stop at the end of the school year because the pressure won't
be on during the summer anyway.
Kubby/ And other times. I have changed my mind. I think that
these decisions should be made on the basis of safety and
neighborhood concerns. I think we should rescind the ban
totally. I might be the only person so it is no big deal.
Nov/ I think neighbors have legitimate concern to ban parking on
one side of the street. I really do. Kids there need the
safety.
Baker/ (Can't hear)
Kubby/ What did you say Larry.
Baker/ I was confused by something you just said. It ought to be
based on safety and neighborhood concerns so you would vote
to-you would not have the restriction.
Kubby/ I think there are other ways we can deal with the
neighborhood concerns.
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rescinded. Isn't that right.
Kubby/ From their perspective, that is their view that that is the
way to take care of the problem.
Baker/ The safest possible arrangement from their point of view.
Just-
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Horow/ Chair would entertain a motion to rescind the parking ban on
one side of Morningside Drive. We need four nods of a head.
Nov/ I don't know. What does Linda say.
Gentry/ Are you going to do this now on your own authority or are
you going to direct Jim-
Nov/ Going to direct Jim. Need a motion.
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#3 page 10
Gentry/ I would appreciate it, yes.
Horow/ I am looking for a maker of a motion.
Baker/ I would move that we direct the city Traffic Engineer to
prepare a plan to rescind parking ban on one side of
Morningside Drive until the end of the school year.
Horow/ Is there a second.
Nov/ Second.
Horow/ Moved by Baker, seconded by Nov. Any further discussion.
Throg/ I have a suggestion. It has to do with sending a letter to
the neighbors along Morningside Drive indicating what we are
doing and why.
Horow/ Right. Definitely.
Kubby/ And talking about the increased enforcement during that time
period.
Horow/ All right. Any other discussion. All those in favor
signify by saying aye (ayes, Lehman - no.) Carried with
Lehman voting no.
All right, the next motion.
Kubby/ I move that we direct Jim to rescind the ban on parking on
Glendale, looking at safety issues on cuI de sacs and
pedestrian access.
Nov/ Also I would like to limit that one to one side of the street.
Kubby/ Yes.
Horow/ And that is until the end of the school year.
Kubby / I would make that part of the motion only because the
majority so wishes.
Nov/ I am seconding her motion.
Horow/ Moved by Kubby, seconded by Nov to rescind the parking on
Glendale, looking at the safety issues on the cuI de sacs,
this is to be one side of the street, Glendale only, and to go
until the end of the school year. All those for- Discussion.
Throg/ Wait a minute. I am a little concerned about this because
we have been asked by the school board to act on Morningside
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#3 page 11
but not Glendale. So my guess is that the neighbors along
Glendale don't have a clue that we are considering doing this.
So, my guess is that when we do it they are not going to be
very happy and legitimately so because they won't know that we
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Nov! We will have to send them a letter.
Baker! We are not doing it tonight.
Pigott! We are directing-
Throg! They don't know we are even remotely considering doing this.
Baker! In three weeks we could vote it down. But without the
resolution we don't have the opportunity. We may have the
same concerns and not want to support it because there was not
up front-
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Nov! Few months.
Pigott! six months.
Horow! About November.
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Lehman! How long have we had the parking restrictions on these
streets.
Lehman! So we are talking about November, December, January,
February. We have lived with it and got along quite well with
it for four months.
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recently started construction and they have took off some of
the parking that we had last fall.
Lehman! AII,right.
Horow! All those in favor signify by saying aye (Ayes-Kubby & Nov) .
Opposed (ayes). Fails.
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Horow! Yes, with Kubby and Nov voting yes.
Kubby! So do people feel the same about Third and Dunlap.
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Nov/ Why are you (can't hear) parking restrictions. We have not
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#3 page 12
done-
Kubby / This one may be a little different because there was a
resolution a month ago on our agenda. We postponed it so
there are no restrictions. People can now park on both sides
on parts of Dunlap and Third and there is-it is more narrow
than Glendale or the cuI de sacs.
Throg/ And there have been some letters sent out to neighbors.
NOV/ The recycling truck cannot get in there. The people had one
recycling pickup in December when there was no snow and they
had a second one at the end of February because there was too
much snow and school was closed.
Throg/ They can't get into the cuI de sacs.
Nov/ They can't get in there.
Pigott/ So, can we restrict it in the cuI de sac.
Nov/ They do not get picked up their recyclable.
Baker/ They currently have parking on that street that has created
a problem on two sides. So the motion or the discussion is to
restrict. That is different.
Nov/ To restrict from eight to five, on one side of the street so
that they cannot be blocking access vehicles that really need
to get in.
Horow/ And no parking at all in the cuI de sacs.
Nov/ Yes. I don't think so. The people that I have talked to on
Dunlap Court area, we can allow parking on one side and the
trucks can still get in there. Jim has to do his survey but
he can do that and get back to us. But they said that if
parking were allowed on one side only the recycling truck
could get in there.
Kubby/ But not around the cuI de sac-
Nov/ On Dunlap. I don't know. That is not what I heard. We
should have-
Kubby/ The motion can be to have Jim investigate what the
appropriate thing to do on the cuI de sacs are. That we can
get a good answer.
Horow/ Karen, would you accept the motion maker status.
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#3 page 13
Kubbyj I would be honored.
Novl I want to second this.
Horowj Great. Is there any further discussion. All those in favor
signify by saying aye (ayes). All right. We have three
actions for Jim. They have all carried. I would like to-
Kubbyj They did not all carry.
Horowj The second one did not carry. Thank you. You are right.
Novl They are putting parking back, if this goes through, onto
Morningside drive and then removing it from Dunlap and Third.
Kubbyj Partially.
Novl We may have cancelled out what we did. We may have shifted
it. I just want people to understand that may have happened.
Horowj Remember, this is only until the end of school. Let's move
on on this.
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#4 page 1
Horow/ (#4) Public discussion.
Harold Engen/ I am representing the Senior Center commission. I
have four short i.tems, Madam mayor and council members. The
first one is the proclamation you made regarding Women's
History Month and we have already progressed through two
events. Karen KUbby, I believe, was there Friday and
presented some of her wares and today C. Vivian Stringer
received the Iowa Woman of the Year Award. It was a very nice
presentation and there was a nice crowd there today. We will
continue with the month of acti vi ties. I have another
announcement to make. We are very proud to let you know that
the Governor's Volunteer Recognition Awards which we made May
6 have already announced that the outstanding Program and
Special Project Award goes to the Senior Center T.V. from Iowa
City/Johnson county and Susan Rogusky is here this evening and
she is the chair of the volunteers. We are very proud of
that. We do have one item that I wanted to bring you up to
date and that is you may recall when I was here a month or two
ago we had proposed studio fees for the Senior Center. I
happened to be chairing the Commission meeting in February and
t~e had about 25-30 people there presenting their views on
studio fees. As a result of that we received a number of
letters and we proposed a moratorium on the fees until we
could receive all of the recommendations from the persons who
use the Senior Center and discussion with the Council of
Elders and other groups in there. We will make a decision on
this at our March meeting. I did want you to know that we do
have a moratorium in operation right now and we have a lot of
happy campers over there. There was some disturbed people for
that. The other item that I have is-I want to say that at the
Commission meeting we have a good old town hall meeting and a
lot of people got up and gave their views and they were heard
and I think the Commission members appreciated them coming in
and it was a good way of establishing two way communication
within the Senior Center. I was very proud of the people that
did come in. The other thing is that I wanted to present to
you tonight the transportation survey that we have completed.
The ADA guidelines, coupled with the rising costs of providing
SEATS services to the city and Johnson county. There was a
discussion on that on how we should provide or who should
provide services and it motivated the Center staff to call
together providers of the services of the elderly. They had
questions and they decided maybe there was a problem and in
order to look at that they thought we might produce a survey
which would generate information that would be helpful for the
funding bodies to determine the transportation needs of the
elderly. 314 volunteer hours went int9 this and out of that
314 hours we had 243 of those hours provided by the gentleman
who is seated me and I want to present him to the council this
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#4 page 2
evening. I have filed a copy with the city clerk and you will
be receiving a detailed copy. The Post had some general
pictures in there that you can have.
Pigott/ Thank you for your hard work.
Horow/ Ymal, the city of Iowa city and the Iowa City/Johnson county
senior Center would like to present you with this certificate
of appreciation for outstanding service and commitment toward
a high quality of life to our Senior Center and the seniors in
our community. Thank you very much.
Engen/ Thank you. If you have any questions, we would be certainly
glad to take them at this time.
Horow/ We will look forward to reading it. Anyone else care to
address council.
John Morrissey/ 1001 Kirkwood Avenue. I recall last week I spoke
to you on another matter and at that time I lived at 1218
Highland Court. As a consequence of my remarks I have had to
move. So I wanted to come here and tell you abut that and
also bring an action item to your attention. Last August I
reached a private agreement with a legal tenant of 1218
Highland Court to share those premises with her. We both read
the lease and the lease did not seem to address the particular
situation that we found ourselves agreeing to. I parked my
vehicle in front of the building. I had my name on the
mailbox. I assisted the building owner's employees in moving
kitchen appliances when some new vinyl was put down. And I
walked past his front door everyday, twice a day, on my way to
and from d.t. So it wasn't like I was a mystery tenant I
don't think. As a result of my comments last week, Mr. Bruce
Glasgow, who owns the building had his staff call the very
next morning and tell me that I must come down and sign a
lease and fill out a tenant information sheet that he requires
of all of his tenants. Now his staff says that as far as they
can determine the lease does not cover the situation that we
found ourselves in. However, I was willing to sign the lease
but the tenant information sheet has kind of a curious clause
there that requires me to have my parents co-sign this lease.
Which is kind of a problem because they are both dead. Anyway,
I have since found another place to reside and I am happily
ensconced at a new address. So now that you know the size of
the ax that I am carrying tonight and how I have sharpened it,
I want to bring to your attention an action item. Mr.
Glasgow's building at 1218 Highland Court is next door to a
day care center called the Jack and Jill Nursery School. And
there are 25-30 happy kids that go to school there everyday.
And I enjoyed watching them from my desk in the afternoon wilen
F03894
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#4 page 3
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I lived there. Mr. Glasgow owns other properties on town and
those other properties are experiencing some appliance
failures. I went by this evening and there are four
refrigerators in the back of his building. There is a water
heater, there is a dishwasher and a oven that have been there
for at least a week. No precautions have been taken to secure
these old appliances so that children won't be climbing into
them and playing with them or pulling them down on top of each
other. And it seems to be that it might be in the city's
interest to send someone by tomorrow morning to see if Mr.
Glasgow can't be persuaded to do something with these things.
This is not an uncommon occurrence. During my tenancy there
have been one or two appliances sitting outside in the back of
his property every week. As I say he owns a number of
properties and there seem to be some failures which are to be
expected but he is clearly not taking reasonable precautions
to see that people aren't hurt by these appliances. It also
appears that last fall there was some remodeling done in this
building and as far as I can determine the assessor has not
been notified that a building permit was ever issued for that
construction. Whether it was of a magnitude that requires a
permit or not I don't know. Thank you.
Horowl Anybody else care to address council.
Grace Trifarol I am President of the University of Iowa Animal
Coalition and I had submitted the request that the Great
American Meatout be proclaimed for March 20 and I want to
thank Mayor Horow and council members for proclaiming the
Great American Meatout for March 20. On behalf of the U. of
I. Animal Coalition and the Environmental Coalition and the
Tall Grass (can't hear) we would like to invite you to a
Veggie Fest that we are having this sunday at the unitarian
Universalist Church, 10 South Gilbert at 5:30 PM. There will
be a lot of delicious vegetarian dishes, live music from local
bands and some art from local activists. I hope you can come.
It is a conscious raising event.
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Grace
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KubbYI Many of us are going to be out of town.
Horowl I would like though to give you the proclamation if you will
accept it.
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I Thank you very much.
Horowl Is there anyone else who would like to address council.
F03894
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Close the public hearing.
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Agenda
Iowa City City Council
Special Council Meeting
March 8, 1994
Page 4
ITEM NO.5- PLANNING AND ZONING MATTERS.
a. Consider setting a public hearing for March 29, 1994, on an ordinance
amending the Zoning Ordinance by changing the use regulations for an
approximate 7,500 square foot parcel of land located in the 1300 qlock
south of Sheridan Avenue from 1-1 to RS-8. (REZ94-0002)
Comment: The Planning and Zoning Commission will consider the
rezoning of a 50' x 150' former electric power substation site at its
March 3, 1994, meeting. In a letter dated February 28, 1994, property
owner James O'Brien has requested expedited consideration of the
~, proposed rezoning. The Commission and staff recommendations should
be available by March 29, 1994.
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b. Consider an ordinance amending the Zoning Ordinance to revise Section
36-20.5, Central Business Support (CB-5) Zone requirements. (First
Considerationl
Comment: At its February 17, 1994, meeting, the Planning & Zoning
Commission, by a vote of 5-0, recommended approval of amendments
to the CB-5 Zone. The Commission's recommendation is consistent
with the staff recommendation contained in a staff memorandum dated
February 17, 1994. No comments were received at the March 1 public
hearing on this item.
Action:
c. Consider 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. (V AC94.0002) (First Consideration)
Comment: At its February 3, 1994, meeting, the Planning and Zoning
Commission, by a vote of 6-0, recommended approval of the repealing
of the vacation. The Commission's recommendation is consistent with
the staff recommendation contained in the staff report dated February
3, 1994. No comments were received at the March 1 public hearing on
this item.
Action:
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Agenda
Iowa City City Council
Special Council Meeting
March 8, 1994
Page 5
d. Consider 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. IREZ93-0014l
(Second consideration)
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. No comments were received at the February
15, 1994, public hearing on this item.
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Action:
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e. Consider an ordinance amending t e 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)
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. This
plan has been approved by the Public Works Department. The Commis-
sion'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, public hearing on this item.
Action: If e i/
f. Consider amendments to Zo ing Ordinance Sections 36-5 , 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. {Pass and Adoptl
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. No comments
were received at the February 1, 1994, public hearing on this item.
Action: !&~ /~"'1/ f (-~ %
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#5d page 1
Horow/ (#5d) Moved by Lehman, seconded by Nov. Discussion.
CHANGE TAPE TO REEL 94-49 SIDE 1
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Kubby/ When we have got full schools. A school that would just
increase in size that is already full and no safe pedestrian
access across Highway 6. I hope that we can try to deal with
some of the impacts that approving developments have and
working with the school and trying to get a safe way across
Highway 6 in the near future.
Horow/ Any further discussion.
pigott/ I just wanted to echo that in the sense of the secondary
access question and say that I hesitate to vote for it but
will be voting for it despite the problems that I see with
secondary access on this.
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Horow/ Roll call-
Second consideration passes.
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#5e page 1
Horow/ (#5e) Moved by Baker, seconded by Lehman. Discussion.
Baker/ Yeah, I have a comment more than discussion. We had four
members of the P/Z Commission here last night at our request.
I don't think we asked them one question about this item. And
I thought that we did them a disservice.
Horow/ I thought we did too.
Baker/ I publicly apologize for ignoring them.
Horow/ That did not work out right at all.
Baker/ And I think that is our fault. All of us. I appreciate
them showing up and I wished that we had handled it better.
Throg/ Can I express my view. I was somehow under the impression
that by the very fact that we had invited them to come and
that there was opportunity to speak that I assumed that if
they felt there was something to say they would say it. So
that was the way-
Baker/ Well, they came at our request. At our instigation. It
wasn't that they wanted to talk to us. We wanted to talk to
them.
Pigott/ For some odd reason I thought they would be up at the table
with us as we have met with other.
Horow/ I did, too. The only other way of doing that was because we
were dealing with them within the context of other issues we
hadn't arranged it that way. In the future they should. But
barring that apparently direct questions encouraged by me,
frankly and I will take the blame on this one. We blew it.
I don't think we really got sufficient input on this except we
certainly did get input from the developer on the design. The
previous and the current one.
Baker/ I was under the assumption that they had a regular meeting
that they were going to after seeing us anyway but that was
not true. They were here just for us. They were not here
before another meeting. I just thought that we-
Horow/ Okay. Any other discussion on this.
Throg/ I continue to be concerned about secondary access to Parts
6 through 9 as discussed in the meeting we had two three weeks
ago. I can't remember when we last considered this.
Lehman/ I agree with you in your concern. However I think last
F03894
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#5e page 2
night it was demonstrated quite clearly that there was no real
substantial change in the amendment from the original plat
that they submitted. They changed street direction here and
a little bit there, the culverts were in the same place. I
guess in my mind it is a question of fairness. You come back
with essentially the same or very similar plan I think you
should find it very hard pressed to deny it based on rules
that we mayor may not have changed in the mean time.
Pigottl I just had the same secondary access questions that Jim had
on this issue and then the issue of Camp Cardinal Road gets
raised and so for me you know I tend to wonder how that is
influenced by a vote saying that I have concerns about
secondary access here. Does that mean that I am for extending
Camp Cardinal Road down to meet this. I think there are
bigger questions that enter into this discussion with the
secondary access issue. However I believe it is very
important especially with the culverts and the slope of the
land.
Throgl I guess I want to disagree with what you said Ernie.
Correct me if I am wrong but what I heard last night was Larry
Schnittjer speaking for MMS and Consultants indicating that
there wasn't a substantive change. But I thought I also heard
Karin Franklin saying that in her judgement there was.
Novl In my judgement there was but it was a matter of disagreement.
Throg/ I am just saying it is not just a clear cut case of there
being no substantive difference.
Kubby/ The fact is the plan had expired. So we can react
differently the second time around and it is within the rules
of the game. The rules may not be fair in your eyes in terms
of that specific-
Lehmani I realize that.
necessarily right.
Some things are possible but not
Novl Very well put.
Horowl Any other discussion.
Roll call-
First consideration passes, Throg voting no.
F03894
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Agenda
Iowa City City Council
Special Council Meeting
March 8, 1994
, Page 6
ITEM NO.6 - PUBLIC HEARING ON THE PROPOSED FISCAL YEAR 1995 OPERATING
BUDGET, FISCAL YEARS 1995 THRU 1997 THREE YEAR FINANCIAL PLAN
AND THE SEVEN YEAR CAPITAL IMPROVEMENTS PROGRAM.
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Comment: City Council has reviewed the fiscal year (FY) 1995 Operating
Budget, the FY1995 through 1997 three-year Financial Plan and the seven
year Capital Improvements Program. This is the second of two public hear-
ings being held to receive public input on the proposed budget. An increase
in property taxes by the amount of the percentage change in the price index
for state and local government purchases requires the city budget to be
published twice and the City Council to hold two public hearings. The reason
why the City is using the inflation factor is due to the continuation of the
property tax restrictions in FY95 and the need to minimize use of cash re-
serves.
Action:
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ITEM NO.7. CONSIDER A RESOLUTION ADOPTING THE ANNUAL BUDGET FOR THE
qJ.j.-foq FISCAL YEAR ENDING JUNE 30, 1995. ~0 "
Comment: Two public hearings were held on March 1 and March 8, 1994
to receive public input on the fiscal year (FY) 1995 Operating Budget. State
law requires that the City adopt only a one year budget. Council now pro-
ceeds to adopt the annual budget for the fiscal year ending June 30, 1995
(FY95) so that it may be certified to the Johnson County Auditor by March
15, 1994 in the format required by the State.
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ITEM NO. 8-
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CONSIDER A RESOLUTION APPR VING THE FINANCIAL PLAN FOR THE
CITY, OF IOWA CITY, IOWA FOR FISCAL YEARS ENDING JUNE 30,1995,
JUNE 30, 1996, JUNE 30, 1997 AND THE SEVEN YEAR CAPIT ALlMPROVE-
MENTS PROGRAM.
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Comment: Two public hearings were held on March 1 and March 8, 1994 to
receive public input on the FY1995 thru FY1997 three-year Financial Plan and
the seven year Capital Improvements Program. Council now proceeds to
adopt the three-year Financial Plan and seven year Capital Improvements
program.
Action: 1( MltdV / IJ.f!I'
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#6 page 1
Horow/ (#6) Chair declares the p.h. open.
Kubby/ Sue, I had requested that Steve make a very brief
presentation outlining a few budget issues and I wouldn't mind
it being part of the p.h.
Pigott/ Great idea.
Horow/ Good idea.
Atkins/ Let's see what we can do. I know the rules. This evening
you have your hearing and resolution of budget adoption.
Budgets in Iowa are unfortunately very very complex because
Iowa law is very complex. In all of the communities that I
have served in a number of states, far and away the Iowa
property tax law is the craziest layered - I don't know how
else to describe it other then they just stack one policy on
top of another without any real long term thought to the
implications of property tax and not only as our primary
source of revenue but how it affects the community in
particular and tax payers in general. Also the law in Iowa is
not particularly timely. As you know we have to submit to the
state by March 15 a budget that does not go into effect by
until July 1 of this FY. Approximately three months. One of
the difficulties is the legislature remains in session after
the adoption of your budget and some of you will recall two
years ago the legislature undid a number of things that we had
already placed in the budget that we had to make those
adjustments before the budget year ever began. The city
chooses a three year plan for budget adoption and to my
knowledge we are the only city in the state that does that.
That being we appropriate annually which is in accordance with
the law but we also put together a two year plan, planning
projection years in addition to our appropriation years. I
think the thing that is the most difficult for the public to
understand about municipal budgets, in particular the property
tax laws in Iowa, and I am going to try to take a run at it.
It is difficult to translate it into terms that are
recognizable let alone understandable. But there are so many
restrictions on you as a city council with respect to your
budget adoption policy and I would like to just take a minute
or two and just kind of walk through those for the public.
Tax rates, tax limits, those are all set by law. The assessed
value, the actual value of a property is not set by law but
the procedure by which property is assessed is established by
state law. The taxable value of that property, that is what
you ultimately apply your mill rates against, is also set by
state law. The state has something they affectionately refer
to as rollback factor. And basically what that does is that
fOllowing the assessment of the property it is roll backed to
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#6 page 2
a taxable value based upon some statewide averages. This is
only for residential and not industrial. Industrial is taxed
at 100% and I mentioned earlier the layering. You add those
elements and then we add a tax freeze on the revenue which in
effect ignores the tax rates, for all practical purposes
ignores the assessed value and the taxable value and sets the
amount of money that you would be permitted to spend to run
your local government. Somewhat like an allowance. That also
being set by state law. Nox, the state also and I think we
haven't spent a lot of time discussing this. Your budget, for
all practical purposes, is filed with and must be approved by
the state. Your local discretion is very limited. Our
budget, that is the budget that we have for hearing tonight,
I am going to try to translate it into somewhat local terms.
That is how it might affect a property owner. The home valued
at $100,000 in the upcoming budget year, after you apply a
rollback factor, has a taxable value of $68,000. That same
$100,000 home last year had a taxable value of $72,000 plus.
The city's property tax levy, the rate, remains substantially
unchanged. However the taxable value declines almost 7% in
one FY. With these rough numbers someone with that $100,000
home in FY94 would pay a city tax of $937. The budget as
presented to the council for resolution this evening, that tax
bill would be $881 or a decline of about 6 1/2%. I don't know
how to explain it in any simpler terms than that because it is
again difficult to explain the state law because it deals in
gross terms, gross values, gross taxable values and it makes
it difficult to translate it. There are certain things that
I think the community should remember. Is that we talk about
the city's tax only. 60% of your local property tax bill goes
to the schools and to the county government. The schools are
not subject to the revenue freezes that the cities and
counties area. And in our case our schools also have
available to them an income tax. We have chosen to use the
inflation factor and jump through a few additional hoops and
that inflation factor is 2.6% simply because we find it
necessary in order to operate the local government. Another
often forgotten fact is that in many instances the city
government is not really a whole lot different than a
business. We have to enter the private market to purchase
goods and services just like anyone else. Today's tidbit of
news is postage is going to go up. When we calculated it real
quick that is about $8,300 in new expense for the city. That
one decision. But when you take the market forces which we
must compete with the private. We buy cars and other companies
buy cars and we buy gasoline and we buy all of those things,
it is then I think a little bit more understandable why our
expenses rise. Additionally you have the burden of fulfilling
the states agenda. That is when they have mandated actions,
quite frankly they are incapable of carrying those out, they
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#6 page 3
pass laws which are in turn translated to located action
whereby you much fulfill those. So, not only does the state
tell you how to go about raising your money. These current
circumstances are going to tell you how much you are allowed
to have and also going to tell you how to spend it. So, it is
very frustrating'I know for you and I think for the public and
also for your staff is that the initiative process is the
proverbial wet blanket that is being thrown on by the state.
The bottom line is that our general fund for this year is
actually down over the previous year. We have done that by a
whole variety of factors. Primarily of postponement of
certain expense. We will fulfill the states agenda to the
best of our ability. We will use the limited funds we have
available to take what minimal initiatives we can. But the
bottom line in Iowa unless there is going to be a dramatic
revision of the state tax code. I think you can look forward
to several more years of these consequences. Is that about
five minutes worth.
Horow/ A little bit more than five minutes. That is all right.
Kubby/ Is that helpful to anybody in the audience. Someone shook
their head so it was worth it.
Horow/ We don't know how many people are out there watching but it
is complicated and we wish more of you would come here and
take a look at the budget and comment on it.
Pigott/ Sue, could I just ask Steve a question. You had mentioned
that the state is not only telling us how much money we can
take in but they also tell us how to spend our money. The
public probably knows that we have some discretionary
spending. I wondered if you had some sort of figure on what
percentage of our money is discretionary vs. what mandates-
Atkins/ within our budget about 83% of the revenues have some state
regulation placed on it. The remaining 17% rests with you and
you will see that mostly in our fees and charges. While I am
sure there could be some legal challenges if you put together
some extreme package of fees and charges, generally that is
abut what you have available to you.
Throg/ On a related point I was noticing in the paper today that
one of the current candidates for governor is proposing to get
the state's budget in order and to cut state taxes by cutting
local property taxes. Pretty neat trick.
Atkins/ I haven't figured out how he is going to do that one yet so
I will be curious.
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#6 page 4
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Kubby/ You have to read his seven page plan.
Atkins/ I see.
Horow/ Anyone else like to address council. Public hearing closed.
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#7 page 1
Horow/ (#7) Moved by Throg, seconded by Pigott. Any further
discussion.
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Kubby/ Yeah, I do. I traditionally make a few comments about the
budget and since it is an $80 million document I feel even
more obligated and would-I mean it is important because the
budget is the action plan for the next year and it really kind
of embodies and brings to life our community values. A couple
of things that I want to highlight. There are things in the
budget I really like and things that I don't like but you
can't nitpick on everything. But there are a few things that
I want to highlight and the first area is Transit. And I want
to thank Larry Baker for his proposal to take the cream off of
the Parking reserve and to transfer it to Transit and what the
cream is is money generated above and beyond any kind of debt
service, operation maintenance, and any savings for God Forbid
the next ramp south of Burlington or whatever the next one is.
So after we bring in revenues from the parking ramps and the
meters and take all the other stuff out that is part of what
the cream is and that is going to Transit. We also have over
$500,000 plus being transferred to Transit from our General
Fund and much of this is going to go for SEATS and I am glad
that we are going to finally sign hopefully soon I hope. Do
you know when a SEATS contract with Johnson County. Under
Housing Inspection the council has agreed as a majority to, I
think it was unanimous, to ask staff to come up with some
reasonable increases in fees to go toward hiring two new
inspectors. One a Building Inspector and one a Housing
Inspector. In terms of the Housing Inspector there has been so
much building in town that actually a decrease in the number
of people doing inspections on rental property and we really
need to get someone else on board to take of those
inspections.
Nov/ This is mainly a safety issue.
Kubby/ Right. And the Building Inspector is needed because as we
develop more protections for environmentally sensitive areas
we need staff to help guide and inform builders, property
owners and developers about what those ordinances are and to
help us enforce them. The Senior Center was in tonight and
mentioned how many hours it took for that one project for
volunteer and I believe that the Senior Center needs to have
an additional half time paid volunteer coordinator and from
the discussions it seemed like other council members agreed
with that too. I would like to to it this year. The majority
of council did not want to but I do understand and find
acceptable the thoughts of the majority that especially
because of the tax freeze and the rollback and the need for
the $43,000 repair job on the senior Center roof that it is
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#7 page 2
not feasible this year. I kind of feel the same way about a
new city forester and both of these positions I will probably
be harping about next year at this time. The library. I feel
a real responsibility to comment on not funding the new
circulation coordinator. Some of the new positions that we
are going to fund are going to be paid out of fees and others
that I want to happen aren't going to happen and as we talk
more about the expansion of the library I think we will be
talking more about staff and I think we do have a real
commitment to the library and that almost around 10% of our
budget from the General Fund goes towards the library and I
think that really shows a commitment to the great services
that they provide. We added a few thousand dollars to the
Recreation Division budget which is going to be earmarked for
keeping the rec center open one night a weekend until midnight
so that teens can come and have kind of a positive place to
expend some energy and gather. Mona Shaw had brought this up
during her campaign for city council. Larry Baker followed up
with some footwork as a candidate and it is in our budget. So
it really means that those campaigns talking about issues
generate a lot of action. The city is going to be working with
some of our employees on some healthcare costs containment
ideas and I think this is a real opportunity for management
and employees to work together to cut down on healthcare costs
which is a winnable thing for everybody. We also worked
about-this really isn't a budget item but when Steve Atkins
came to Iowa City he suggested that we have a citizen's
summary to make this information a little more accessible and
put it in a form that people could understand the budget and
just get it out to the community and it is a great idea. And
I think we talked about some ways to make some visual
improvements to it to make the information even more
understandable. And lastly I want to read the last sentence
that is in the beginning statement of the budget. It is an
appreciation statement to the Finance Department and the City
Manager's Office and I really take it to heart and it says,
IIWhile we surely appreciate all contributions to this budget
it must be remembered that the real thanks must go to the city
employees who on a daily basis transform this document into
the city's program of services. II I want to extend my tanks to
all of the city employees.
Horow/ Thank you, Karen. I think that is very real and I think that
Debbie Mansfield and Don Yucuis, our Finance Director, are to
be applauded for once again coming up with a very very working
acceptable document. Any other discussion.
Throg/ wait a minute. I was kind of waiting to see if anyone else
had anything to say. I would like to make one comment and it
has to do with economic development policy n the city. The
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current budget targets $50,000 for the Iowa city Area
Development group and several weeks ago when we were
discussing ICAD in a work session I proposed that our funding
for ICAD be replaced with funding for a new economic
development commission and at the time I said that ICAD needs
to be replaced at least as far as the city is concerned by an
entity that reflects more fully the diversity of the Iowa city
communi ty , is more publicly accountable for its work and
pursues an economic development agenda that is more compatible
with Iowa city's needs. I understand that some people in the
business community have been disturbed by that initial
proposal fearing that my proposal is hostile to economic
development in Iowa city. I do not mean it that way. My
proposal was to create a new economic development commission
which would help Iowa city find an economic development policy
that was most compatible with this community. So, that was
the spirit of my proposal. At the time it was a clear that
not a majority of council would support the proposal. I am
not going to bring it up right now. I am not going to make
that a formal proposal that we have to vote on but I just
wanted to be clear about that.
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Horow/ Fine. Any other discussion.
Roll call-
Our budget is adopted. Thank you.
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Horow/ (#B) Moved by Nov, seconded by Pigott. Any discussion.
Kubby/ Just that last night there was a big article in the Press
citizen about this new endeavor that we are launching into in
updating the comp plan and I hope that we will go back to our
seven year CIP after that process to make sure that that CIP
reflects the outcome of the comp plan update and it is a
natural process and so I don't want to get into the details of
just-
Horow/ I think everybody in the city of Iowa city should be proud
of the fact their city is in Iowa the only one that has and
that is able to look at a three year period of time for how we
are guiding the city through the future. This is a very
reputable way of looking at city budgets. I, for one, is very
proud of this. I have no problem in tooting our horn when we
go elsewhere.
Moved by Nov, seconded by pigott.
Roll call- (yes).
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Agenda
Iowa City City Council
Special Council Meeting
March 8, 1994
Page 7
ITEM NO.9 - ANNOUNCEMENT OF VACANCIES.
a. Previously Announced Vacancies.
(1) Design Review Committee - One vacancy for an unexpired term
ending July 1, 1995. IGordana Pavlovic resigned.) This appoint-
ment will be made at the March 29, 1994, meeting of the City
Council.
b. Current Vacancies.
(1) Mayor's Youth Employment Board - Two vacancies for unexpired
terms ending November 4, 1995 and May 5, 1996. (Karen Heim-
er and Paul Engler resigned.)
These appointments will be made at the April 12, 1994, meeting of the
City Council.
ITEM NO. 10 - CITY COUNCIL APPOINTMENTS.
/ a.
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Consider an appointment to the Animal Control Advisory Board for a
three-year term ending May 4, 1997. (Paul Cooper's term ends.)
Action: i);/f1IlI~/i I/. ~
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b. Consider appointments to the Housing Commission to fill two vacancies
for three-year terms ending May 1, 1997. (Terms of Paul Egli and
Charles Eastham end.)
ITEM NO. 11 .
Action:
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#11 page 1
Horow/ (#11) city Council Information.
Pigott/ This evening we received a packet of information regarding
the Iowa Festival and I thought it would be an appropriate
time to bring it up since I did bring it up during the budget
discussion, we have just talked about that, to remind people
to consider finding ways to support financially through the
shifting perhaps of our Hotel/Motel Tax revenue support for
the Iowa festival. The number of things I like about the Iowa
Festival, just to give a little pitch about it, is a local
festival featuring local musicians which bring a focus to our
d.t. over the past several months we have been talking about
expanding our d.t. Part of the expansion of or d.t. is not
just building new buildings but bringing in new culture. I
think it is a vital part of our d.t. and I would really like
us to consider shifting some resources and making sure that
this festival which is getting on its own feet which receives
the majority of its festival budget from private sources
including individual contributions and area businesses and
corporate grants. That we consider ways to provide some
funding for this through shifting Hotel/Motel stuff and I
would encourage if it is all right with the rest of council,
steve, to examine ways that we could do that and get back to
me on that.
Nov/ Did you talk to the Convention and visitors Board.
Pigott/ I haven't had a chance to talk to them about this yet but
I am sure that we will be talking soon. Especially
considering this will affect their budget.
Nov/ I think they may have some way to do that if they choose to do
that we may not have to.
Pigott/ And I agree with that Naomi. I think that is a tremendous
idea. If they would choose to support the Festival in a way
which will allow it to be as vibrant as it has in the past.
I think that would be an appropriate method of doing
something.
Horow/ Do you wish to take that back.
Pigott/ I will take it back if that is the sense of council that we
would like to see that happen then I would be happy to convey
that message as a member of the CVB Board member. Great. I
will take care of it. That is it. Thank you.
Nov/ I have a couple of things. We had a neighborhood meeting at
Lincoln School last week talking about the Woolf Avenue bridge
and we had very favorable comments from the neighbors who wee
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#11 page 2
able to attend and we had a little scolding from those who do
not recommend that we schedule again against a basketball game
in an area like that. So we did promise the neighbors that we
were going to be sure that those who could not attend would
get some comments in the mail and reports on the meeting and
if there was going to be another meeting at that school, it
would not conflict with the University basketball game.
Anyway, the comments about the bridge design were almost all
favorable. The bridge looks beautiful. At least the drawing
looks beautiful. Let's put it that way. Some of us attended
the Fine Art Fair, the Fine Art and Fun Fair. Whatever we
called it. The DVIP raised about $25,000 at this auction
which they will make good use of the rest of the year and our
community deserves commendation for having supported this
group in this way.
Horow/ There was some fantastic art there. Great.
KUbby/ I want to congratulate Jim Throg on his 6-1 vote. And
Ernie, too. I think they are important things to remember.
We got a bunch of memos from different departments about weed
and brush control and there were some things in here I liked
and some things I didn't like and I hate, in some ways I say
I want to talk about them right now because we are always
saying we will put them on an informal and there is just never
time. So what is council pleasure at this point.
Horow/ I would prefer not doing to tonight.
Kubby/ I would like it scheduled before spring so if we want to
direct our departments to behave differently and the things we
liked to make sure they behave the same. That it happens
before it is too late.
Pigott/ Next informal.
Baker/ Let's do it special Thursday night meeting.
Horow/ What about the meeting after the 28 and 29 is the 11 and 12.
Kubby/ Sometime in April would be fine. That seems early enough.
But there might be some preemergent stuff done that could
happen in April. So beginning of April.
Nov/ April 11 is the first meeting.
Horow/ Okay. All right. I have a number of items. On Friday,
March 4, the Iowa League of Municipalities had a meeting of
the nine urban mayors and the subject for this particular
meeting was on juvenile justice. I went along with your city
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#11 page 3
manager, steve Atkins, and your chief of police, R. J.
Winklehake, and Jerry Palmer from the Iowa City School
District was there as well. There were representatives from
the nine major cities. Their police chiefs, the justice
system in Iowa and other school boards were represented. The
whole issue of juveniles and a community response to the
problems that are emerging right now in Iowa was covered. Not
totally. We agreed we would continue working ont his and at
the same time I have been asked to be on a panel at the
national level at our National Meeting again on children in
the communities and I will gladly take part in that. Along
with the idea of children the Iowa City Area Science Center is
holding spring course during March 22-29 I believe and two of
the Iowa City employees are taking part in that. One is Terry
Robinson, our forester, and the other is Carol Sweeting, our
educational person in the Water Department. I was happy to
see them listed in that. And yesterday I went over to the
School of Allied Health Sciences and along with Al Axeen, the
two of us gave a proclamation on national Medical Laboratory
Week. It was AI's first turn in terms of giving a
proclamation and so we had great fun by he would read one
whereas clause and I would read the next whereas clause and we
kept going on down the line. It livened things up but both os
us were very very sincere about giving acclamation to those
people who work behind the scenes in hospitals in the
laboratories. Cross Laboratory, VA Laboratory, Uni versi ty
Hospital and my remarks in front of this group was I feel the
same very strong support for the City of Iowa city employee.
These are the people that you don't see in front of the
camera. These are the people that are working constantly to
keep this city as vi tal as it is and I gave you great
acclamation because I feel very strongly about them and about
what a great staff we have. We also, interestingly enough,
received a letter today from Maggie Elliot. Dear Mrs. Horow,
I would like to thank a city employee who helped me last
Friday in the snow storm. I apologize for not catching the
employees name. However she stopped her truck by the Shop, For
The Birds, pushed and shoveled me out until my car was free.
Not only do I appreciate this particular person's help on a
very cold day but I am grateful to live in a city that
encourages assistance to the public. Sincerely, Maggie
Elliot. I appreciated that and I bet I know who it was. I
bet it was Rosie.
Atkins/ It probably was and probably got a complaint form a
neighbor why she wasn't there plowing their street while she
is digging. It is a good trade off.
Horow/I had the pleasure of riding in the snow truck and sander
with Rosie and she is a fantastic employee.
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#11 page 4
March 10, this Thursday at the Korean Baptist Church on Mormon
Trek there will be a joint neighborhood meeting with Southwest
Estates, Walden Woods, Hunter's Run, Ty N Cy, on the
Comprehensive Water Quality and Facility Plan and the Rohret
Road update. Those are just some of the things that are going
on in the city and I just thought I would mention them.
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Agenda
Iowa City City Council
Special Council Meeting
March 8, 1994
Page 8
ITEM NO. 12 - REPORT ON ITEMS FROM THE CITY MANA'GER AND CITY ATTORNEY.
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a. City Manager.
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b. City Attorney.
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ITEM NO. 13 - CONSIDER A RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE
'11- '71 WATER DIVISION OF THE PUBLIC WORKS DEPARTMENT.
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ITEM NO. 14 - CONSIDER AN ORDINANCE DESIGNATING AN AREA OFTHE CITY OF IOWA
CITY, IOWA, AS AN URBAN REVITALIZATION AREA WHICH SHALL BE
KNOWN AS THE NEAR SOUTHSIDE COMMERCIAL URBAN REVITALIZATION
AREA (First consideration)
Comment: This resolution replaces a vacant position of MWIII with a Treat-
ment Plant Operator position. The new position will increase the number of
operators available for relief operations on a 24 hour basis and will increase
the on-call operators for plant emergencies. The TPO will also provide assis-
tance with preventative and repair maintenance duties. There will be no
additional cost under the revised reclassification plan. These positions are in
the same pay range.
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Action:
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Comment: The proposed urban revitalization area includes the area zoned
Central Business Support Zone, CB-5, located between Burlington and Court
Streets and is required to implement the Urban Revitalization Plan; therefore,
final passage should occur only after the Council's adoption of the Plan.
Designating this area as an urban revitalization area would grant property tax
exemption to qualified improvements as designated in the proposed plan.
This item was deferred from the Council's March 1, 1994, meeting.
Action:. ltM11cW il(7;: /t:f;:# It;
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#14 page 1
Horow/ (#14) This goes along with items #15-17.
Nov/ Can we discuss all of this at once or do we need a motion
first.
Horow/ Moved by Lehman, seconded by Nov. Go into discussion.
Kubby/ I hope that we can discuss all of these items because three
of them are options of how to behave and so we need to talk
about all of them. We have a motion on the floor. We can't go
to another item.
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Horow/ Sure we can.
Nov/ Put all the motions on the floor and discuss them all.
Gentry/ You can discuss them all without having them all on the
floor. As long as everyone agrees with that.
Horow/ For the purposes of discussion Item #15 (reads resolution).
Item #16 (reads resolution). That is it. There is one motion
right now. We are dealing with Item #14. I was on a roll
here.
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Nov/ Would our city attorney like to explain all of this that we
are now going to vote on if we vote on it.
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Gentry/ Yes, I would be happy to. State law has once again told us
how to do things in terms of abatement. Steve talked a lot
about budget and here we are with urban revitalization. There
is currently a public hearing was held on a urban
revitalization plan for a three block area south of
Burlington. State law requires that if the council chooses to
continue to look at that plan and eventually adopt it an
additional 30 days need to be open for persons, property
owners, to come in and object or present additional
information to you by requesting a second hearing. So if you
wish to proceed with the current plan you need not do anything
on the plan and you may as well go ahead and consider the
ordinance designating the area which is in tandem by giving it
first reading. But you need not do that. Your other options
I have outlined in a diagram and also in several memos. If
you wish to adopt the current plan and amend the plan after
your 60 day period ends for inclusion of design review,
clarifying the language on whether this is or is not a
blighted area, state law permits you to designate this area
and use the urban revitalization tax abatement powers for a
purely economic development purpose. It need not be blighted
and I think Ernie was interested in clarifying the blight
language and delineating it. You can do that later. And your
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#14 page 2
third thing was to clarify whether you want any percentage of
use of this property for residential. The general thrust was
commercial. So if you want to proceed with this plan and
amend it after your April 12 decision on the plan you may do
nothing and adopt the ordinance. If you want to change
courses drastically on the plan either with respect to what
you want out of the plan or you want to expand the designation
then Item #15 gives you an option to abandon the current plan
and direct staff on a fast track to give you an amended plan
with the three amendments that I gave you
CHANGE TAPE TO REEL 94-49 SIDE 2
Pigott/ That is Item #15.
Gentry/ That is Item #15. If you want to proceed to abandon the
current one and start another one running then I would suggest
you adopt a new resolution determining the necessity to do so.
If you completely want to abandon the entire process I suggest
that you direct staff to prepare a resolution of abandonment
period.
Horow/ If we choose to go along with the existing plan and work in
the proposed amendments and vote on Item #16. No, we adopt
Item #14.
Pigott/ What would have been called in the past the non-substantive
amendments for Item #14.
Gentry/ Yes.
Horow/ Then on March 19 we would come up with the amendments that
would address this. Is that right. Okay.
Nov/ I thought that we had already come up with those three
amendments.
Horow/ They haven't been-they are not in here.
Nov/ No, they are not.
Kubby/ It won't be any work to create them because they are already
created.
Horow. But we would have the p.h. for them. Could we have the p.h.
for them March 29.
Gentry/ No.
Horow/ The p.h. would be proposed March 29 for April 12.
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#14 page 3
Gentry/If you are talking about the short time frame for an
amended plan and continuing on-let's assume you approve this
plan April 12. You will then set a p.h. on your-assuming you
have agreed to your three substantive amendments: the design
review, the clarification. Set a p.h. on the 12th for the
26th. You give public notice you will have a hearing on the
26th and adopt an amended plan with those three changes.
Horow/ Okay.
Kubby/ Now where is the option is we want to start with a new plan
but to have more than the three amendments attached to it.
That we want to go with the Bruno/Throg design.
Gentry/ Then you should vote in favor of Item #15 and #16 may be
premature for setting a p.h. #16 may be very premature.
pigott/ So it is possible however that what could happen if we
wanted to proceed or if some of us wanted to proceed with the
Bruno/Throg plan that you could end up having a majority of
council vote for the abandonment of the current urban
revitalization plan and not those same, but still a majority,
voting for the setting of the p.h. for April 12.
Kubby/ Yes.
pigott/ Do you see what I am saying. Is the majority may change but
you may end up with a majority for both.
Gentry/ It would appear to me that if you are going with that- The
proposal the you were talking about last night, I don't know
if it is humanly possible for you to set a p.h. for April 12
and have anything in front of you. I mean it is just not
humanly possible. Karin is wonderful but-
Horow/ If we voted for Item #14, a majority voted for Item #14,
then would they also vote for Item #16.
Gentry/ No.
Kubby/ What matters. I don't think that is completely true. That
if you voted for Item #14 it got voted down, you would want to
vote for item #16.
Horow/ Sure.
Kubby/ So let's get into this.
Gentry/ One would assume that if there is a majority for 14 that
means you want to continue on with the plan and vote on it
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#14 page 4
April 12.
Pigott/ without any substantive changes.
Gentry/ And go for amendments for the 26.
Kubbyl Everyone agrees with the amendments so that is really not an
issue of contention.
Novl If we cannot amend this on April 12 I would suggest that we
amend it as soon as possible and present the possibility of
somebody coming in under the original plan before the
amendments take effect.
Horowl What is the (can't hear)
Gentry/ You will set-I will put on your agenda for the 12th to set
a p.h. for the 26th with and Karin will mail out the notices,
your 30 day notices, no-it is a seven day notice, for the
amended plan on March 11. That is as soon as you can do
anything lawfully.
Kubbyl No one is going to come in for building permits in that
period of time.
Gentry/ As a practical matter I find it highly highly unlikely. If
someone should for some reason do we have any rights to deny
them because we are in process on amendment.
Atkins/ There is no moratorium.
Gentry/ No. It is not a zoning change.
Novl What we do have is approval of each individual project and by
the time somebody has gone through the building permit process
do they also get tax abatement at the same time. Wouldn't
that come some time later.
Gentry/ No. You can't get tax abatement until you get the project
approved and you apply to the tax assessor and he has
inspected your property. That is way down the line.
Throg/ But the rules that apply to any new applicant would be the
ones in affect at that time that applicant makes an
application for approval under a revitalization plan. Isn't
that right.
Gentry/ They would have to get a building permit first.
Novl But even if they had a building permit, I was thinking that
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the tax abatement requests comes in well after that.
Gentry/ It does.
NoV/ At that point we would have had all of our rules in place and
we would be able to say that if you expect tax abatement your
building has to conform to these rules that we have set up.
Gentry/ I can't envision anyone coming in for a building permit or
a request in that two week hiatus, between April 12 and 26.
Just seems extremely unlikely.
---',
Kubby/ Well, I would like to encourage people to vote for
abandoning the plan so that we can step back from this 3 1/2
block area and look at this bigger issue of revitalizing south
of Burlington with the concept outlined with the plan that
Bruno and Jim presented last night. I know that there may be
people who disagree with some of the details but I think the
concepts are really good. That if our purpose is to spur
economic development and to really bridge Burlington street we
need to have something more than an office building and for me
even though there are great community goods with redevelopment
in that 3 1/2 block area, for me the question is not whether
those are good things but whether we should use tax abatement
and under what conditions we do that. And for me having an
office building that doesn't provide other kinds of public
amenities that aren't already in the underlying zone like some
of the design considerations is not enough for me. I need
things like public spaces. I need things like affordable
housing. Some kind of targeted employment. That it might be
things that I believe are worthy of using that tool at this
time. Especially because we are already planning some public
investment south of Burlington. One a streetscape plan. We,
in our budget, are investing publicly $50,000 in and it may be
more over time. Two, the zoning, that is the purpose of the
whole south of Burlington plan was to create some incentive.
And three, with the commitment in that plan even though I have
some problems with it in terms of parking. So, for me those
are lower level incentives that I don't believe have had time
to work before I am interested in taking a more bigger kind of
public investment especially when it doesn't meet those
conditions for me of the public housing-of the affordable
housing and the public spaces.
pigott/ If I could just for a moment. Two things. One is that
during the p.h process which was a really an educational
process for me. I stayed very quiet and listened because I
wanted to hear what people had to say. I heard one thing
consistently and that is step back, don't just consider this
single project. This single project shouldn't drive this
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#14 page 6
plan. step back and consider the plan. I think last night
what we did was step back and consider the plan. I think that
that was a wise thing for the public to tell us. That is the
first thing. The second thing I wanted to say was that I
think that many of the concerns that you raised Karen are
important concerns for not just you but for other members of
the community and one of the things that I really like about
the plan that Jim and I presented last night was that it met
several of the needs and desires and vision of a wide variety
of people in the community and one of the things that I think
we have to consider when we consider revitalizing any area in
town is how are we addressing the desire and needs of our
community. One of our desires and needs of our community is
the office building consideration that is being met through
this plan. Other desires have not been considered in the
current plan. I think one of the beauties of the Jim
ThroglBruno Pigott Plan is that it meets such a wide variety
of those needs and desires for the future vision of our city
that it makes it possible for everyone in the community to
embrace it. And so that is why I think we should step back
and not step back to delay but step back to move forward in a
fast way to make this near south side a real vital area.
<
Lehmani Susan, there is a couple of things that I would like to
say. Originally I really did oppose this which is one of the
reasons I would like the language changed that doesn't say
this is a blighted area which it obviously is not. The d.t.
area really has only one way to expand and that is across
Burlington Street. And I really don't envision this as
something replaces or in fact I think it enhances what we
looked at last night. To me this is the first step in a
journey that will take care of this area south of Burlington
Street. And I have no problem with starting this. It
encourages commercial development. Basically it discourages
residential development or will when we get through. What is
built there as commercial buildings is none of our business.
If somebody wants to build a shopping center, if they want to
build an apartment house, they want to build an office
building, that is not relevant. We are talking about 3 1/2
block area that either is important to the d. t. or is not
important to the d. t. It either is worthy of tax abatement to
encourage people to develop there or it isn't. It really has
nothing to do with who is doing it, how much they are
spending, or what they are building. If it is commercial, it
is commercial.
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with different criteria. I think the criteria that we set for
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#14 page 7
a revitalization zone, the criteria that we set for tax
abatement in an area that we want to be densely commercial
will be different from the kind of thing that we would do
south of Court street because we want that one to be more
residential which may have some commercial mix to it but we
don't want the heavily commercial density that we want in the
CB-5 area between Burlington and Court and it would be my
preference to set those two areas differently and to do them
one at a time.
Baker/ Let me agree and disagree with Ernie. I tend to favor
starting this process with this area. If at least a majority
of people can come to some terms that agree on how we want it
to work. But it does matter to us what kind of commercial
development goes in there. We want not just any commercial
development. We want the highest possible density. We want to
figure out a way to encourage that sort of development. We
make all sorts of general and specific guidelines here. I
think Jim and Bruno's proposal last night is almost, in my
mind, an inevitability. I think we are going to look at that
area. We are going to do it very soon and again, not knowing
exactly how it is going to end up but I see much of what you
are talking about happening down there. I am very excited
about it. I think the time frame that we are dealing with
here is such that we can look at the commercial revitalization
as a separate issue and it is not going to be distinct from
and it is going to be incorporated into your plan or your plan
will be incorporated into commercial district. But I don't
think we need to wait to finalize all of the details on your
plan to do this other plan. saying that in general I have
reservations about the current plan for the commercial area
and I have some things that I would like to see happen there
in conjunction with the discussion of the revitalization plan
which is some sort of amendments or fast track discussion of
the underlying commercial CB-5 zone and with certain
amendments in the zone itself underlying the revitalization
plan I am comfortable with proceeding with that. It depends
if there are at least three other people who are willing to
look at the underlying zone and address some of those other
issues. I don't have a strong sense that voting for 14 vs.
voting for 16 is going to make a major difference on the time.
I would like to be able to do it in conjunction with
amendments to the zone itself and which ever 14 or 16 works
out best for that I would like to see us adopt. But I have
talked privately with all of you and members of the public and
for example I see a strong sense that we need to look at the
parking requirement in that commercial zone. Not as
restrictive as the CB-2 but something needs to be in place
that requires any development to take into account commercial
parking up to a certain percentage and this is where staff and
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#14 page 8
commission can do something for us and they have been thinking
about this. with some sort of impact fee schedule for
commercial parking and I am quite willing to also ask the
staff to look at some sort of way to mitigate the impact of
the impact fee. For example we don't necessarily have to
require that that impact fee be paid full amount up front. It
might be able to be phased in and make it easier on any
potential developers to take advantage of the other incentives
and lessen the impact of the impact.
Kubby/ Could be a land swap.
Baker/ Land swap especially if someone has lots of land in the
area.
NoV/ The kind of thing that we don't require the impact fee at the
time of the building permit which has been in our original
impact fee.
Baker/ That is something that our impact fee ordinance and parking
regulations the staff can work out to make it work. The
underlying zone has always been my problem with this
revitalization plan. It has never been the concept of tax
abatement to spur development. And I am glad that we are
going to do design review and restrict the residential. I
don't want us to lose track and I don't want the public to be
mislead by us if we do indeed go ahead and work on this
commercial district let them think we are going to let this
other project slide. I certainly will not let that happen.
I don't think Jim and Bruno are going to let that happen. In
fact I would like us see us set a self imposed deadline that
indeed that we have something in place for that south side
beyond Court for the next building season. Sort of a six
month program for development and have it in place by January
1, 1995, so we can talk about development. And then get the
two plans coordinated, offer the incentives, here are the
rules, let's see what we can do to spur development down
there. But I can only support the revitalization plan if at
least the majority of the council is willing to look at the
underlying zone and that is basically where I have always been
coming from the last six or eight weeks.
Kubby/ That is exactly why these two issues are linked. The impact
fees that will help create some of the public space and the
tax abatement because they will not be financially linked in
terms of one document or one payment. If the impact fee
things don't happen I could not support the tax abatement.
And you are saying that that might not be true for you.
Baker/ No, I am not saying that at all. I said without that in
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#14 page 9
place I wouldn't support the revitalization plan that included
tax abatement.
Kubby/ And I am saying that those two things are connected for me
because I could not support a revitalization plan for tax
abatement purposes unless these impact fee that help create
other public amenities is linked to it. And because we
haven't really thoroughly flushed all of that out I a~ not
sure that council would agree that-I am sure we can come up
with something but I need to see what that is before we agree
to the district.
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discussion about the whole concept of parking in that area and
whether or not how big a ramp, if a ramp. I, for example I see
a ramp down there close to that area south of Burlington. Not
on Burlington. I would never support a parking ramp that is
lined up on Burlington. To make all of the commercial
development occur you can tax abatements and everything else
but you are going to have to have some sort of parking and I
just think that there is a quid pro quo here and it is not to
give you tax abatement and we take it all back for parking.
That is not anywhere in my field of vision. But there has got
to be some balance, some formula where we offer incentives and
if we do work on what Jim and Bruno are talking about with the
other amenities down there that also acts as an added
incentive to development in that area. I think that is a
vital part of development of that commercial area which is the
start of their plan.
Pigott/ It is also a link between what some people are calling
separable plans which I sort of disagree with. I think the
beauty of this plan is that it does integrate these area in
impact fees and makes it possible politically as well as
insures that this process really does go forward.
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I would prefer these things are done in conjunction. What I
have always said I wish we can find a way to make this
particular proposal in front of us go.
Pigott/ And this would do that.
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would delay it.
Baker/ That is a judgement that you and I disagree on. I think-I
am willing, for example, to say no to this project if we can't
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#14 page 10
get the underlying zone conditions agreed on. But if we can
I think we can speed up the process.
Throg/ Fascinating listening. I must admit I am going to be
totally fascinated by the collective mind and action.
Particularly with regard to this particular decision I see us
struggling to try to do what is best for the city. I don't
have any doubt about that whatsoever. And seeing each of us
trying to articulate different points of view that we think
are consistent with the best interests of the city is really
quite fascinating and seeing us trying to struggle to find
some kind of resolution that will preferably satisfy all of us
and if not, at least a majority. So it is really intriguing
to see that. So, let me say some more specific points. Like
Ernie, I don' t consider the area to be blighted and I do
firmly support revitalizing the areas south of Burlington
generally in accord with the near South Side Plan. I think
that would be good for the d.t and good for the community as
a whole. Generally for that Near South Side Plan. The
questions are with regard to the particular plan before us,
commercial revitalization plan, the questions are first
whether tax abatement is needed to make the area redevelop as
we would prefer and then secondly whether the benefits, the
overall benefits, of that redevelopment out weigh the costs of
the abated taxes. I have talked to a bunch of people as you
have, all of you have. I have read all of the stuff we have
received. Listened to all these people talk in the p.h. and
learned a great deal. And I find that I am not persuaded that
tax abatements of the size requested or of the size indicated
by legislation given the property value involved are needed to
make the desired kind of redevelopment occur within a
reasonable amount of time. I am not convinced that the
abatements are needed to make that happen. I am also not
convinced that the current plan provides sufficient public
benefit. So, as a result of that, Bruno and I worked pretty
hard to come up with an idea that we thought would provide
adequate public benefit that would warrant us giving a plan
our firm support and you know we presented that last night and
we really appreciated the way you listened and talked about
it. I guess I won't belabor the details of that because we
all talked about it last night. I sense some excitement on the
part of all or most of you about that. That is good. I guess
another point that I would like to make is that I can recall
many statements by members of the council about how we should
not focus on Mrs. Hieronymous's project. That it was crucial
not to do that and I got to admit I found it terribly ironic
that we are being asked not to talJc about her project but to
project about the \~hole plan while at the same time being
urged to act quickly so that Mrs. Hieronymous can build her
project. The irony cannot escape me. I think that stifles
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#14 page 11
debate in an unproductive way and so that bothers me. Let's
see I have a- I guess, over all my sense is that I cannot
support resolution #14. I will vote against it. My sense is
that we need to adopt a plan that has difference boundaries
that involves incentives and an impact fee that Mrs.
Hieronymous and others who build in the area would both
benef it from and in a sense have to pay. And also a
commitment from the council to act on a revised plan for the
area. So I would like to just encourages to adopt the amended
kind of plan that Bruno and I were suggesting last night.
Nov/ I think revising the plan certainly is not unheard of. We came
up with the Near South Side Plan a couple of years ago.
Looking at this plan as part of our general revision of our
comp plan and our general vision for the future of the city is
certainly something we should do. However when we are starting
to talk about impact fees and applying them to tax abatement
I am not comfortable. And I now this uncomfortable feeling is
very similar to what you are saying because I really believe
that if a project, a development, whatever you want to call it
has an impact in a certain direction, this impact is something
they should pay for and it should not have anything to do with
tax abatement. So I am back to Larry's idea that if we are
going to put impact fees into this we should do it as part of
the general zone, not as part of the tax abatement process.
So I am going to say okay, let's look at this change in the
zone. Let's see what kind of recommendation you can get from
the staff and let's look at the schedule of setting a p.h. on
March 28 for the April 12 to get what kind of revisions the
zone should have in terms of impact fees or whatever else. Is
this what you are talking about.
Baker/ Can I ask a couple of questions here. Jim, I want to ask
you a question. You are not sure that tax abatements are
necessary for redevelopment as an incentive for redevelopment
of the commercial district. Is that what I heard.
Throg/ Not quite. I think what I said is tax abatements of the
size mandated by the legislation that we are following. If we
have a $9 1/2 million building, that translates, by law, into
a $1.3 abatement. There is no justification economically for
that. It just derives from the legislation.
Gentry/ You can lower the'schedule somewhat but all of that-
Throg/But we have to do that for every other project, both within
this area and any other similar area.
Gentry/ For whatever schedule you can choose to adopt.
lower that tax abatement but you can't increase it.
You can
You can
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#14 page 12
adopt a lower schedule.
Nov/ But whatever schedule we follow has to be part of the-
Gentry/ It has to apply to all of the properties in that
classification. '
Schoon/ Every schedule has to be the same in every urban
revitalization area. So the schedule would have to be the
same in the Block 62 Urban Revitalization area. You can adopt
a different schedule and this gets more complicated. If the
area is also designated urban renewal area then under the
urban revitalization plan you can adopt.
Kubby/ So if we wanted to decrease the to lower the schedule we
would have to go back and amend the other revitalization plan
we have for affordable housing that was specifically spurred
by that.
Schoon/ Right.
Baker/ Again, for clarification. It is not the concept of tax
abatement. It is the amount of tax abatement that was the
hang up.
Throg/ certainly not the concept. I am not objecting the concept
at all. I think providing incentives to redevelop the area
are fine. What I think is necessary is some way of providing
public space for public use and other desired activities that
we talked about last night in that larger area and how
precisely we do that I think we should leave to staff. But
what I imagined was either impact fees or some other
equivalent. Maybe what David was just talking about in terms
of a combination of a revitalization plan and urban renewal so
that you can combine capabilities.
Baker/ I do want to make it clear because this is complicated
enough without us being confused and us confusing the public
which would be the first time I am sure. But the reason I ask
the question is because if we want to talk about levels of tax
abatement. There is a lot of subjectivity in anything that we
do anyway and now we are dealing with another level of
subjectivity and other things are already in place and it
seems that when your discussion last night of your plan it is
very clear that part of your plan involved tax abatements to
spur that development. And I just assumed that you would have
wanted for that area and that kind of revitalization a real
incentive. If you are going to use tax abatement you want a
real incentive as much as possible to make it happen which is
what we seem to be doing in the commercial district. But are
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#14 page 13
you saying you don't think we need to do that anyway.
Throg/ I think what I was trying to say was that I was reacting to
the plan that is before us and making comments about it. And
so I was suggesting that the tax abatement either was too
large or else the public benefits deriving from the project
didn't in my mind justify that magnitude of tax abatement.
Now there are other ways to proceed and some combination of
incentives and impact fees or something else that gets direct
public benefit and public use would be-
Baker/ I guess one of the things that people want to go forth at
this point need to do it outline in your minds and to the
public what we perceive as those benefits to be if we adopt
this plan with certain provisions in the zoning ordinance. We
can talk about a public benefit being a new building. There
is a legitimate sense that an increase in the taxes generated
from that property is a public benefit. There is no irony
there. We will get, if this project goes through, more tax
money than if it doesn't go through. And so we benefit the
public because we can take that money and pour it back into
that area or put it into the general fund and pend it
somewhere else.
Nov/ And we can put it into anything that we want. The river trail
or anything that occurs anywhere in the city.
Baker/ And if we want to redevelop that area this particular
project and at this point I don't mind talking about the
project because I am doing this with a clear sense that once
I get satisfied on the plan I want to have the plan used a
quick as possible. I have always had a hang up with the plan.
Now it in place, if we can do something as soon as possible
let's figure out a way to do that. Once you are comfortable
with the underlying zone and the plan. I think we can do that
with this schedule assuming that we get four people to agree
on what the underlying zone is. And in the long run I want to
use tax abatement again. I want to use it exactly for your
plan and at the same level. I want to spur development down
there along that creek and that residential area and I go on
record right now I would like to see us close that one block
of Dubuque street and do something there. I don't know what
but do something there as far as public space goes and I think
that is going to further increase the viability of the
commercial area, set up that plan that you want, stimulate
that gaSOline station across the street on Dubuque. Indeed,
if we can get it going as soon as possible with a plan that we
are comfortable with, there is a great deal of public benefit
to be derived from that because it sets the stage for doing
what you want to do very shortly thereafter.
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#14 page 14
Pigott/ The interesting thing is that it does encourage and there
is a benefit and it encourages the growth of that area, the
public space there. The benefit that everyone who is in that
area will receive and we will pay for. Again it is like
adding an additional incentive on top of the abatement in
adding another incentive to those people and I see that as
only enlarging in a way the attractiveness of the area which
isn't that big. However since they benefit from it shouldn't
those people in that area contribute to it.
Baker/ I want to make very clear the big difference between what
seems to be happening tonight and in the near future as
opposed to what we discussed in the past. There will be a
significant contribution under a revised underlying zone by
any developer. Not just this particular project but by any
other developer that goes in there and we will-we have changed
the terms here. We are getting much more back then before.
Throg/ Just a clarifying question because we haven't had a chance
to talk about changing the underlying zone. I gather from
previous conversations that what you mean is providing an
impact fee to facilitate sooner earlier construction of a
parking facility in that area. Now that certainly would
provide an incentive for developers to build new commercial
office buildings south of Burlington. I see that very clearly.
Baker/ And with the change in the underlying zone they are in a
sense paying for the.
Throg/ What I don't see in that concept is how any of those impact
fees come back to benefit the public in terms of direct public
use and public space for public use or for subsidizing some
units of affordable housing like we talked about last night or
for providing for a creek walk along Ralston Creek or any
other similar public-
Baker/ Because, as you well know Jim, you will never be able to
withdraw from a developer, whether d.t. or non the fringes, a
100% of the cost on public infrastructure. you will get very
close in some cases and not close in other cases. This, at
least, gets more out of it than we did before. And you are
right, this will not pay for every public amenity down there.
We are going to have to put more money into it. But there is
the indirect benefits down the line that will flow from that.
It will make the area more attractive for developers that is
true. The development helps us also. There is this connection
and I think we all realize that. It is how much can we get
back without killing the incentive for the development.
KUbby/ The problem for me is a political one. And usually things
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#14 page 15
like this are not talked about. But if we go ahead with this
plan I have nothing to negotiate with you about about impact
fees because you already have. It may be that people up here
don't want to do the parking thing. You have already given
away your chip, Larry.
Baker/ Explain that.
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Kubby/ If you say yes to the current plan and the reason that you
are doing that is because you believe that we can find
something you will find acceptable to negotiate about in terms
of parlting impact fees. But it doesn't happen. Like people say
yes, I will discuss it. But it doesn't happen to your
satisfaction. You have given away-
Baker/ Whoa. That ain't going to happen. Because if we don't get
an agreement on parking fees and impact fees and changes in
parking I will certainly vote no.
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thing.
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work plan last night, what are you going to bump. I mean, to
fast track what you are talking about means redoing some of
the work plan that we talked about last night and agreed to.
So you are also not only having to negotiate all of these
issues with all of these people but you have to negotiate how
are we going to move the Planning Department's work plan to
make sure it happens and the timing for what you just said is
true.
Baker/ Karin Franklin.
Nov/ You were shaking your head and we wanted to know how
significant that was.
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changes that you are talking about in terms of the zoning
ordinance changes are in terms of the text not significant.
It will take five minutes to insert something in there in
terms of a requirement for commercial and office.
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Franklin/ The process. It goes through P/Z and through the city
council and then that is as quickly or as slowly as you mal{e
it. I don't see this as a significant piece of the Urban
Planning Division work program and if the council is inclined
to move in this direction there are other ways we can pick up
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#14 page 16
that work in the department.
Kubby/ But the thing is is that Larry seems to be just focusing in
on parking. There are other issues that I am more interested
in.
Baker/ For the commercial zone.
Franklin/ In terms of the urban revitalization plan for the entire
area that would not be a work item in the Urban Planning
Division's work program anyway. That is an economic
development.
Kubby/ By working on the bigger plan and by talking about public
amenities and impact fees for public space.
Franklin/ That will be in Economic development. I will assign it to
David.
Kubby/ And what program does trying to find ways to say if you get
tax abatement you need to provide some kind of affordable
housing.
Franklin/ We will coordinate that between David and the Community
Development Division. We will get input from the community
Development Division to David's work. There is ways to work
around the work program.
Baker/ But Karen you are not thinking about affordable housing in
the CB-5 zone are you.
KUbby/ No. I am saying that I can't agree to tax abatement in the
CB-5 zone unless I get affordable housing south of Court
street.
Baker/ In a separate area and a separate kind of development.
Kubby / I am saying they are connected because of the timing of
things. I can't agree to one without the other.
Baker/ My philosophy about impact fees is they have to be related
to the development. The impact of the development.
Horow/ Not just your philosophy but to be legal.
Baker/ I have a legal philosophy.
Throg/ Clearly they have to be. Any impact fee-
Horow/ It comes down to a matter of trust Karen. I think we all
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#14 page 17
agree and have agreed for a number of years in terms of the
affordable housing aspect of south of Court.
Kubby/ I disagree because the plan that it is an incentive. I felt
there was a very good way to demand that there would be
replacement of affordable housing and a majority of council
said that it can be incentive and not a mandate. And I
believe one way to show commitment is to say that it has to
happen. Council chose not to do that and that is where that
thought comes from.
Horow/ In this manner. I guess I would-
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affordable housing.
Baker/ Isn't that what Jim talked about last night.
Horow/ We talked about it. Not in this area.
Nov/ Not in this area that we are currently discussing. It would
have to come in a separate discussion of tax abatement south
of Court street.
Kubby/ I hear what you are saying. I disagree with you.
Baker/ You disagree with what though. Tell me what you disagree
with.
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Kubby / I disagree that I want to get this whole thing in one
package because I want to look at it all at once. I think it
is not prudent to look at one section because if the other
section doesn't happen. It is complicated. I hope we can
work it out. But I don't want to leave that to chance.
.
Baker/ By the same token I am not going to hold up the commercial
revitalization with a clear plan that seems to be
materializing now for a plan that we are going to work on
shortly there after. Karen, you have my commitment. I think
you have the commitment of everybody on this council to
address this issue. We didn't scoff at Jim and Bruno's plan.
It is an intriguing plan and I think some version is going to
happen in the very near future.
Throg/ Could I ask a clarifying question. I have heard Naomi talk
about having separate areas-
Nov/ Separate criteria for residential areas and this is to me
logical. Same tax abatement criteria for commercial
development do not necessarily apply to residential.
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#14 page 18
Throg/ And we are proposing tonight to adopt a revitalization plan
for a three block area. Do you see that area as having one
revitalization plan and then another area, kind of like-
including the area south of there but not including that area,
in being included in a second revitalization area. is that
the way you see it.
Baker/ At least. Jim, I don't want the public to be misled by a
possible 4-3 vote. That does not indicate dissatisfaction or
opposition to your plan.
Baker/ I hear you very clearly about that. I am just trying to
understand how you are drawing boundaries. See a different
way to think about it would be to have this three block area
and then amend it to include the southern part so that there
is not two areas with two revitalization plans but ultimately
one area with one revitalization plan. I am just trying to
understand what you mean.
Lehman/ Then the commercial is going to have an exemption for
residential. You build more than a certain amount of
residential you won't get tax abatement which obviously-
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Lehman./ It would have to be two separate plans.
Throg/ It would depend on how we write the plan.
Kubby/ So in my mind if people are wanting to separate them then my
original statement of saying that I find tax abatement
acceptable only if there are certain kinds of public amenities
for public benefits that are greater than tax dollars coming
in because I believe this place will revitalize itself with
some help that we are already helping to do to spur it. That
then in this 3 1/2 block area I don't agree with the
philosophy of tax abatement because the plan can include some
of these things. So I probably would-
Baker/ Aren't the taxes coming in greater than the abatement.
Kubby/ They are. I am not saying that it is not a nice project.
That the specific Hieronymous project isn't good. I am not
saying that I don't want commercial development in a dense way
there. I am saying that I cannot support tax abatement in
this area unless there are some other public benefits besides
tax dollars and that is not going to happen. It might happen
south of Court Street but it is not happening here.
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#14 page 19
CHANGE TAPE TO REEL 94-50 SIDE 1
Baker/ public benefit in a tangible, in a tangible concrete
manifestation of a public benefit.
Kubby/ I'm saying that the tax dollars aren't enough to warrant
supporting tax abatement.
Lehman/ But they support the tax system. They do a lot of things
for the public benefit.
Kubby/ I understand that. I'm not denying that at all. I'm saying
that-
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Baker/ Well let me ask you this, Karen. What other in the
commercial and the CB5 zones are we talking about? What
other tangible public benefit do you want to see happen?
Kubby/ I'd like to see affordable housing in that 20%, in that 20%
of the building that can be housing. I'd like to see some
pavement for Dubuque Street or some- I know not legally but in
terms of the timing of things I'm talking about public space
on Dubuque Street.
Baker/ It may be that, by good lawyering, a definition of impact
fees used for parking or parking problems might even include
some part of, if you're dealing with transit and traffic and
all of this other stuff, might include some of that money
being used for the Dubuque Street renovation. I don't know.
, But it doesn't rule it out I don't think right away unless
Linda's going to shake her head immediately and say it' s
absolutely impossible.
Kubby/ But I'm saying that I can't up front agree to it unless I
know that those things can happen.
Nov/ You're not going to get a written guarantee that they will
happen today, but yes they can happen.
pigott/ Yes but Larry'S saying the same with the parking. You ]cnow
he would like a commitment to parking as part of, or he cannot
agree to this and Karen's saying I need other things and other
things are just as important to her as his issues are and I
think that's just as fair to say that.
Baker/ Okay but affordable housing in the 20% residential. So if a
project comes in with no residential in it they don't get a
tax abatement.
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#14 page 20
part would not be. And I'm saying if those units or some
percentage of those units are affordable and in our section 8
program that tax abatement should apply.
Nov/ I don't agree. I really don't want to encourage large
amounts of residential development in that area between
Burlington and Court because I think it's the area where
our commercial development belongs.
Kubby/ But we're limiting it. We're saying only 20% of the building
for tax abatement.
NOV/ If I had my wish it would say zero.
Kubby/ Well we disagree.
Pigott/ The majority says 20% and Karen saying that 20% ought to be
affordable.
Throg/ And on that particular point Naomi I think there's a lot of
literature that says it's very good to have residential
activity in and near d.t. areas for public safety reasons so
that people can walk safely at night because there's activity
throughout the day because people are living there as well as
working there. So I think it would reinforce some of the
things you care deeply about.
Horow/ I think I agree with Jim in terms of literature I've read
but it in many cases has talked about people who own some of
the retail above which they live. And I guess I don't see that
in the same sphere as Karen is talking about in terms of
affordable housing. I would like us to move on on that.
Nov/ May I say one more thing. I had a phone call today from a
gentleman who thought the picture in the paper was wonderful
because it looked as if we were dedicating so many blocks to
pedestrian only traffic. And it looks as if they had this huge
new building that was covering 2 1/2 blocks. It was amazing.
Can we please get a corrected picture.
Horow/ I'd like to bring this all together. I think all of us have
been certainly excited about Bruno and Throg's project. From
my point of view, I find it fascinating that this
redevelopment, revitalization area, part of its origin came
from deliberate attempt to protect the historic near business
that's on the north side. To deliberately thwart development
up there and crowd all that area that we have and so for
closing Dubuque Street on that part and working on projecting
a need to want to cross the street I think that's absolutely
fascinating. I really really appreciate. And like Jim I find
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#14 page 21
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together and work for the best of the city. This city, this
council and previous councils have been consistent on wanting
to work on revitalization in this area. We've been consistent
on our commitment to the concept of using fiscal tools. And I
believe that we've been consistent in acknowledging that local
government can take an action to cause something to happen and
I am very, very comfortable with supporting item #14 because
I believe that it gets the whole thing started. I, we've got
a motion on the floor by Lehman, it's been seconded by Nov.
Roll call-
Baker/ Wait a minute, can I ask one clarifying question. You've got
to grant me this. Sue in your mind what's the advantage of
voting for 14 vs 16.
Horow/ In voting for 14, I'm taking the original plan and going
forward with it. setting on the 29 of March setting the p.h
for the 12 on the amendment. We're looking at changing the
zone. Put the impact fee in there and working on the
amendments for design review, the maximum of 20% for
residential, and taking- refocusing the language in this to be
for economic development rather than a- commitment.
Balcer/ Okay. And the underlying revisions to the zone itself. The
timetable for that at least-
Gentry/You can't set that hearing until the 12 after you've
approved the plan.
Baker/ What I want to get clear in my mind is indeed the fact that
those things we'll have a chance to vote on those revisions
before we make a final decision on this plan.
Gentry/No. You can informally discuss it but you cannot take
formal action on an amendment before you've approved the plan.
Baker/ When's the last consideration of this ordinance.
Gentry/ The ordinance should be- The last consideration of that
should be when you adopt the plan. April 12.
Baker/ Okay. And this can be if necessary deferred as long as it
takes to get the underlying zone changed.
Kubby/ Because you don't want to have a final vote on the plan.
Baker/ I can't vote on the plan until the zone change. It's very
clear.
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#14 page 22
Karr/ You can set a p.h. as Linda's indicated on your schedule on
March 29 if that's the day of your formal meeting. On the zone
changes for April 12. Which means then that you'll have your
p.h. and a recommendation from the PZ on the zone changes
before you on April 12. The impact fee ordinance change is- we
can start to work on and you can have something before you on
the 29. That does not require going to the PZ because that's
a revenue ordinance. It's not a zoning ordinance
Gentry/ It's not a zoning ordinance.
Franklin/ I also don't know that that one requires a p.h.
Gentry/ It does not.
Franklin/ Okay.
Kubby/ So I want to be clear what these impact fee issues are.
We're talking about a parking impact fee on commercial
property. Is that correct. We're talking about some kind of
impact fee for pUblic use of public space, to create some
public space.
Baker/ No we're not. We're talking about a parking impact fee.
Kubby/ Okay so the only thing that we've got negotiated in here is
parking.
Pigott/ Is parking. That's right.
Kubby/ Okay so how are affordable housing issues and public space
for public use getting incorporated into the people
benefitting-
Baker / First of all affordable housing is probably not getting
incorporated into this plan.
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Kubby/ I'm not talking about- I'm talking about- If we're going to
do ordinance changes we have to do it for this one for CB5 and
for the zone south.
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plan for the south area which would include your- an urban
revitalization plan for abatement for affordable housing and
if you wish to have included in that impact fees for public
space that can be part of your consideration to balance-
Kubby/ How does public space on Dubuque Street get paid for. Why
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#14 page 23
aren't people in the CB5 going to be required to helping
contribute.
Pigott/ Why aren't they going to be required to pay for that.
Gentry/ Because that's a city wide need and you can't impose an
impact fee for a city wide need. That's very clear in the law.
Baker/ That's directly related to the development.
Gentry/ If you want to include affordable housing it's appropriate
in the plan you outlined last night. It's perfectly
appropriate as a tax abatement incentive.
Kubby/ okay. So you're saying that- Say what you just said again.
Gentry/ Affordable housing is one of the criteria in both urban
renewable and tax abatement that you can ask and insert into
your plan. You can also require a certain percentage of the
uni ts be affordable housing. That's appropriate under the
state tax law structure. Impact fees cannot slop over into tax
abatement or urban renewal.
Kubby/ Is it possible to have tax abatement offered to those who
offer a certain percentage of affordable housing in their
building. And have an impact fee so if you tear down
affordable housing you either replace it with affordable
housing, the same number of units or provide an impact fee.
Gentry/ You do it in the plan but you don't call it an impact fee.
You put it as one of the design criteria. Just as you've done
in this plan.
Kubby/ But if people don't want tax abatement they don't have to do
it. So can we combine an impact fee with affordable housing.
If people choose not to replace it then they don't get any tax
abatement but they have to pay for it somewhere else. And have
tax abatement for affordable housing.
Horow/ Remember we want to encourage development.
Kubby/ If you're tearing down affordable housing -
Baker/ You're talking about south of Court aren't you.
Kubby/ Yes.
Baker/ Which I'm inclined to agree \~ith you but that's not the
issue right here.
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#14 page 24
Kubby/ I cannot support the CB5 zone tax abatement without
affordable housing in it and this plan won't have it.
Baker/ And I'm not sure affordable housing is a major issue for the
CB5 zone this particular 3 1/2 block area.
Kubby/ It is to me.
Baker/ It might not be appropriate as a condition of that
development of that zone. It's certainly appropriate south of
Court street and we will have some version of that take place.
Kubby/ I'm saying that I disagree that I think affordable housing
should be looked at in this area. We're allowing residential
and I think it should incorporate all kinds of it.
Throg/ I'm a little curious about the impact fee and its
relationship to the pUblic space idea on Dubuque. It strikes
me that that kind of public space would provide a tremendous
urban amenity for anyone who owned property along the eastern
or western sides of South Dubuque Street which would include
phase II of Mrs. Hieronymous's project. I don't exactly how
the impact rationale, the rational nexus notion works, but it
strikes me that if someone's going to benefit directly from
something like that, it's not unreasonable to ask them to pay
for some of the cost.
Gentry/ Well the key issue is not benefit but need. She has not
created the need. The city has created the need. In fact you
as policy makers have designated that it is a public need that
the whole city has, just like the pedestrian mall. Now the
traditional sense of urban removal or urban renewal is you go
in clear it out and start over. The city buys a property. You
build the amenities. And I take it you're not interested in
that approach. But for the impact fees you have try to tie it
the developers who's created the need. This is a need you see
as a city benefit not something the developer's created. The
fact that those adjoining property owners as well as all the
citizens will benefit from it is just a plus plus plus for
everybody. But the fact that those adjoining property owners
accrue the benefit of the that particular amenity does not
answer the question. It's circular reasoning. You have to look
at the need created by the developer whether I'm going to
bring in a plant and I'm going to expand 500 cars on this
street therefore I ought to have to pay for the public
infrastructure to support 500 additional cars per day on that
street. That's the impact. That's the need created by my
development. There isn't- she hasn't created a need for the
open space. You have. That's he difference.
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#14 page 25
pigott/ Couldn't you argue that-
Gentry/ It's need vs benefit. It's entirely analysis under the law
Horow/ Are there any other discussions specific to this vote.
Roll call-
Baker/ I want to make it clear I'm voting yes but if the underlying
changes aren't made it's going to be no eventually.
Horow/ Carried 4-3. (Yes: Lehman, Nov, Baker, Horow. No: Throg,
Pigott, Kubby)
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Agenda
Iowa City City Council
Special Council Meeting
March 8, 1994
Page 9
ITEM NO. 15 . CONSIDER A RESOLUTION OF ABANDONMENT OF THE CURRENT
URBAN REVITALIZATION PLAN KNOWN AS THE "NEAR SOUTHSIDE
COMMERCIAL URBAN REVITALIZATION PLAN," AND DIRECTING STAFF
TO PREPARE A NEW PLAN ENCOMPASSING THE CITY COUNCIL'S
PROPOSED CHANGES.
Comment: A majority of the City Council wishes to include a "design review"
component in the existing Urban Revitalization Plan, Since such change is a
substantive amendment to the Plan and may render the tax exemption status
of the property owners flawed under Iowa tax law, abandonment ofthe current
Plan is one option, '
If the City Council is willing to proceed with the Plan as originally proposed by
the staff in January, without any substantive amendments, the City Council
should reject this "resolution of abandonment" and let the legal process pro-
ceed, If the Council wishes to "start over" with a new Plan. then the Council
should pass this "resolution of abandonment." See memo from City Attorney,
Action: Id1 / ~f#:
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ITEM NO. 16. CONSIDER A RESOLUTION DETERMINING NECESSITY AND SETTING A
.
PUBLIC HEARING FOR APRIL 12, 1994, ON A NEW NEAR SOUTHS IDE
COMMERCIAL URBAN REVITALIZATION PLAN FOR A PROPOSED UR.
BAN REVITALIZATION AREA IN THE CITY OF IOWA CITY.
Comment: As noted in a memo from the City Attorney, if the City Council
chooses to abandon the current Plan, and adopt a new plan for the three'
block area, this resolution would put the new plan on a "fast track" by setting
a public hearing for April 12, 1994, on the new plan,
This should be passed only if the current plan is abandoned, and only if the
City Council chooses to direct the staff to prepare a new plan, as noted in the
City Attorney's memo,
Action: ~b
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ITEM NO. 17. CONSIDER AN ORDINANCE REPEALING DIVISION I OF ARTICLE IV
ENTITLED "COMMERCIAL PESTICIDE APPLICATION," CHAPTER 34,
CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA. (SECOND
CONSIDERATION)
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Comment: This ordinance repeals the "Commercial Pesticide Application"
Ordinance passed January 18, 1994. Staff recommends expedited action.
Action: ~1/J7ft;dJ JIld I/It f1
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#15 page 1
Horow/ (#15) Is this moot.
Gentry/ No. You should vote on it.
Horow/ (reads #15)
Moved by KUbby,seconded by pigott.
At this point I wonder at this point if council would permit
the owner of the property has asked to address council for a
few minutes. Would you willing to have a representative-
pigott/ Is there a need to know.
Gentry/ You don't need to know.
Horow/ Discussion.
Roll call- (Yes: Pigott, Throg, Kubby. No: Lehman, Baker,
Horml, Nov.)
The resolution fails.
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#16 page 1
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Nov/ okay. I move.
Kubby/ I second.
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Gentry/ It can die.
Kubby/ I withdraw my second.
Nov/ Okay, let it die. We can just do it that way.
Horow/ The second was withdrawn, the first was withdrawn. Item #16
has died for lack of a motion.
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Agenda
Iowa City City Council
Special Council Meeting
March 8, 1994
Page 1 0
ITEM NO. 18 - CONSIDER A RESOLUTION RESCINDING RESOLUTION NO. 94-17 OF
THE CITY COUNCIL OF THE CITY OF IOWA CITY.
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Comment: See Item No, 17 above, This resolution rescinds the "registry fee"
and should be approved only if the above ordinance is given final consid-
eration,
Action:
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ITEM NO. 19. AOJOURNMENT. !,ddy / Icf-t!
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City of Iowa City
MEMORANDUM
DATE: March 4, 1994
TO: City Council
FROM: City Manager
RE: Work Session Agendas and Meeting Schedule
March 7, 1994
6:30 P.M.
6:30 P.M.
6:45 P.M.
7:30 P.M.
7:45 P.M.
8:15 P.M.
8:35 P.M.
8:50 P.M.
9:00 P.M.
Monday
- City Council Work Session - Council Chambers
(Times approximate)
- Review zoning matters
- Meeting with Planning and Zoning Commission
a. Street Hierarchy (Sycamore Farms)
b. Secondary Access (Walnut Ridge)
- Urban Planning Division Work Schedule,
- Near South Side Redevelopment Plan
- Community Vision/Community Planning Recommendation
- Cablecasting of Work Sessions
- Council agenda, Counci 1 time, Counci 1 committee reports
- Consider appointments to the Animal Control Advisory
Board and Housing Commission
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March 8, 1994 Tuesday
7:30 P.M. - Special Council Meeting - Council Chambers
March 14, 1994 Monday
NO CITY COUNCIL WORK SESSION
\ March 15, 1994 Tuesday
NO REGULAR COUNCIL MEETING '.!
f.'; March 28, 1994 Monday
! 6:30 P.M. City Council Work Session - Council Chambers
-
Agenda pending
March 29, 1994 Tuesday ,
7:30 P.M. . Regular Council Meeting. Council Chambers
PENDING LIST
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Appointments to the Mayor's Youth Employment Board. April 12. 1994
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