HomeMy WebLinkAbout1994-04-26 Agenda
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IOWA CITY CITY COUNCIL
AGENDA
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REGULAR COUNCIL MEETING OF APRIL 26,: 1994
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7:30 P.M.
COUNCIL CHAMBERS, CIVIC CENTER
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AGENDA
IOWA CITY CITY COUNCIL
REGULAR COUNCIL MEETING. APRIL 26,1994
7:30 P.M.
COUNCIL CHAMBERS
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ITEM NO.1. CALL TO ORDER.
ROLL CALL.
ITEM NO.2. SPECIAL PRESENTATIONS.
a. Presentation of awards to winners of the essay contest sponsored by
the Human Rights Commission.
b. Presentation of a plaque honoring Chauncey Swan by the Daughters of
the American Revolution. This plaque replaces one originally given to
the City in 1948 which hung in the old City Hall,
ITEM NO.3. MAYOR'S PROCLAMATIONS.
b,a: Chauncey Swan Day - May 4, 1994.
~ .t>. Arbor Day - April 29, 1994.
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h.
Tourism Awareness Week. May 1.7, 1994.
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Senior Citizens' Center Week. May 1-7, 1994.
Take Our Daughters to Work Day. April 28, 1994.
Historic Preservation Week. May 8-14, 1994. ~ .
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Drinking Water Week. May 1-7, 1994.
School Board Member Recognition Week - May 8.14, 1994.
ITEM NO.4. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR
AMENDED.
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a. Consider approval of the Official Council Actions of the regular meeting
of April 12, 1994, and the special meeting of April 15, 1994, as pub.
Iished, subject to correction as recommended by the City Clerk.
b. Minutes of Boards and Commissions.
(1) Parks and Recreation Commission meeting of March 9, 1994.
121 Broadband Telecommunications Commission meeting of March
16,1994.
(3) Board of Library Trustees meeting of March 31, 1994.
(4) Riverfront and Natural Areas Commission meeting of March 16,
1994,
(5) Airport Commission meeting of March 22, 1994,
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#2b page 1
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Horow/ (#2b) The next presentation we have is one that is a very
special honor for the City as a whole. This presentation of
a plaque honoring Chauncey Swan by the Daughters of the
American Revolution. This plaque replaces one that was
originally given to the city in 1948 which hung in the old
city hall and we have spent quite a while trying to find that
without success and we are absolutely delighted that from the
national level all the way down we are honored to be able to
receive a replacement for that. Marsha Huck would you be able
to come forward, please. This plaque which reads in honor of
Chauncey Swan, Father of Iowa City, born in New York, 1799,
died at sea in 1852. First territorial commissioner placed by
Nathaniel Fellows Chapter Daughters of the American Revolution
presented 1948 and 1994. This is truly an honor. This will
be placed up we have now a bench from Santa Rosa, California
and this will be placed in a case just above the bench on the
second floor. Thank you. Would you care to say a few words.
Marsha Huck/ Mayor Horowitz and members of the city council, on
behalf of the members of Nathaniel Fellows Chapter of the
Daughters of the American Revolution, I am pleased to present
this plaque that honors Chauncey Swan as the Father of Iowa
city. chauncey Swan is recognized as the Father of Iowa City
for his participation in the development and selection of Iowa
city as the permanent site of the territorial capital and his
endeavors as a businessman. As you said, in 1948 our chapter
presented a similar plaque and we are pleased to present this
at this time.
Horow/ Thank you very much.
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#3 page 1
Horow/ (#3) Historic Preservation Week
Doug Russell/ On behalf of the people of Iowa city and my fellow
commissioners I thank the mayor and city council for this fine
proclamation. During HP Week on May 11 which is Wednesday at
4:45 PM there will be an awards program at the Johnson county
Court House. The program is sponsored by your preservation
commission, the county HP Commission, the Friends of HP and
the JC Historical Society. There will be refreshments. There
will be a slide show of the projects, home rehabilitations
nominated for awards. There will be awards presented by both
the city commission and county commission and the Margaret
Noywish award for HP Person of the Year will also be given.
There is no admission fee. The public is invited. The city
council is invited to attend and we hope to see you there.
Horow/ Thank you. Along these same lines the next proclamation has
to do with Chauncey Swan Day and I think in the context of
both the very generous gift for the Daughters of the American
Revolution and HP Commission I would like to read this (Reads
rest of proclamations).
F042694
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Agenda
Iowa City City Council
Regular Council Meeting
April 26, 1994
Page 2
(61 Board of Adjustment meeting of April 13, 1994.
{71 Planning and Zoning Commission meeting of April 7, 1994.
c. Permit motions and resolutions as recommended by the City Clerk.
{11 Consider a motion approving a Class "C" Liquor License for Cafe
Pacifico of Iowa City, Inc., dba Mondo's Sports Cafe, 212 S.
Clinton St. (Renewal)
{21 Consider a motion approving a Class "C" Beer Permit for Coastal
Mart, Inc., dba C Mart #1058, 606 S. Riverside Dr. (Renewall
(31 Consider a motion approving a Class "C" Beer Permit for Thomas
E. Harris dba Harris Discount, 71 Commercial Dr. (Renewal)
(4) Consider a motion approving a Class "B" Beer Permit for Chill &
Grill, Inc., dba Chill & Grill, 206 N. Linn St. (Renewal)
(5) Consider a motion approving a Class "B" Beer Permit for Terry
French dba Sam's Pizza I.C., 321 S:Gilbert St. (Renewal)
(6) Consider a motion approving a refund for an unused portion of a
Class "C" Beer Permit for Krause Gentle, Corp., dba Kum & Go
#104, 1104 S. Gilbert St.
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(71 Consider resolution to issue Dancing Permit.
d.
Setting public hearings.l.
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(1) CONSIDERlSETTING A PUBLIC HEARING FOR 5/10/94 ON ADOp.
TION OF PROPOSED CODE OF ORDINANCES FOR IOWA CITY,
IOWA.
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Comment: After more than two years of review, update and
reformatting, City staff is recommending a public hearing be set
on a proposed new City Code for May 10, 1994. The public is
advised the City Code does contain some changes. Copies of the
code will be filed in the office of the City Clerk and the Iowa City
Public Library, A memo from the City Attorney and City Clerk is
included in Council's Packet.
J-/IV
(21 CONSIDER A RESOLUTION SETTING PUBLIC HEARING FOR MAY
10,1994, ON AMENDING THE,FY94 OPERATING BUDGET.
Comment: State legislation mandates municipalities amend their
annual budget by May 31. This resolution sets the public hearing
for amendments on May 10, 1994, Detailed information on
amendments will be available for public inspection on April 29,
1994. '
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Agenda
Iowa City City Council
Regular Council Meeting
April 26, 1994
Page 3
9"'1-- 1//
(3) CONSIDER A RESOLUTION SETTING A PUBLIC HEARING FOR
MAY 10, 1994, ON PLANS, SPECIFICATIONS, FORM OF CON.
TRACT AND ESTIMATE OF COST FOR CONSTRUCTION OF THE
1994 MAINTENANCE AND REPAIR PROJECT - CAPITOL AND
DUBUQUE STREET PARKING RAMPS.
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Comment: This project includes structural repair and preventative
maintenance work items for the Capitol Street and Dubuque
Street Parking Ramps. The Maintenance/Repair Program is con-
sistent with the City of Iowa City's Parking Ramp Maintenance
and Repair 5-year plan that was initially prepared in 1989 and
updated in 1992. The preventative maintenance for this project
includes concrete spall repair, waterproofing membrane, expan-
sion joint repair and replacement, joint sealant and weld plate
repair at control joints, parking stalls restriping, and miscellaneous
painting and repair work. This work is anticipated to commence
in mid-June 1994 and be completed by mid-August 1994 prior to
the start of the 1994-95 school year. The work will be phased
such that both ramps will remain open at all times. Portions of
the work will require partial closing of some levels. Access to all
levels where work is not scheduled shall be maintained. The
contractor will be encouraged to work at night and non-peak
hours during the day. The estimated cost of construction is
$170,000.
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e. Motions.
(1) CONSIDER A MOTION TO APPROVE DISBURSEMENTS IN THE
AMOUNT OF $5,508,241.31 FOR THE PERIOD OF MARCH 1
THROUGH MARCH 31, 1994, AS RECOMMENDED BY THE Fl.
NANCE DIRECTOR SUBJECT TO AUDIT.
f. Resolutions.
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(1) CONSIDER A RESOLUTION ACCEPTING THE WORK FOR CER.
TAIN STORM SEWER IMPROVEMENTS FOR KENNEDY PLAZA.
Comment: See Engineer's Report.
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Agenda
Iowa City City Council
Regular Council Meeting
April 26, 1994
Page 4
rrt..1iC:f7/l/G 11/ /).5
'if~ 1/3
(2) CONSIDER A RESOLUTIO
THORIZINC TII '!{- CLERI( TO
FOR THE CONSTRUCTION OF THE IOWA
CITY SENIOR CENTER EXTERIOR REPAIRS PROJECT.
Comment: The bid opening for this project was held April 19,
1994 and the following bids were received:
Northwest Waterproofing Co. $113,333 ;..
Rock Island, Illinois
.,
E&H Restoration Inc. $113,769
Davenport, Iowa
Engineer Estimate $65,275
Public Works and Engineering recommends rejection of the bids.
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(31 CONSIDER A RESOLUTION SETTING PUBLIC HEARING FOR MAY
10,1994 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 and add
alternate #1: $21,700.
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(4) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN
REGARDING A PROMISSORY NOTE FOR PROPERTY LOCATED
AT 2119 EAST COURT STREET, IOWA CITY, IOWA.
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Comment: The owners of property located at 2119 East Court
Street received a no-interest loa.n of $3,700 through the City's
Housing Rehabilitation Program on April 9, 1979. The loan was
paid off on April 1 , 1994, and can now be released.
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Agenda
Iowa City City Council
Regular Council Meeting
April 26, 1994
Page 5
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(5) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST THE RELEASE OF TWO FI-
NANCING STATEMENTS (UCC2 AND UCC4 FORMSI FOR PROP.
ERTY LOCATED AT 314 SOUTH GOVERNOR STREET, IOWA
CITY, IOWA.
Comment: The owners of property located at 314 South Gover-
nor Street received assistance through the City's Housing Rehabil-
itation Office in purchasing two G.E. stoves and two Whirlpool
refrigerators on January 17, 1987. A continuation of the financ-
ing statement was filed on May 1, 1992. The balance due on the
financing statement was paid in full on January 11, 1994, and
can now be released.
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(6) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN FOR
PROPERTY LOCATED AT 914-914% NORTI:l DODGE STREET,
IOWA CITY, IOWA.
Comment: The owner of property located at 916 North Dodge
Street, Iowa City, Iowa, received $5,750 in the form of a condi-
tional occupancy loan under the housing rehabilitation program.
When the loan instruments were recorded, the legal description
that was on the owner's original warranty deed (from 1972) was
used. After 1972 the owner had actually conveyed part of the
property to 914-914 % N, Dodge St., and that part ofthe proper-
ty had inadvertently been included on the lien of the 916 North
Dodge Street property. Since we had encumbered the owner's
property, as well as the adjacent property that had been sold, the
lien for 914-914% North Dodge Street needs to be released.
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9<1~ 1/ '0
(7) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST EASEMENT AGREEMENTS
FOR KENNEDY PLAZA.
Comment: Pursuant to Section 27-37 of the Code of Ordinances
of the City of Iowa City, Iowa, Kennedy Plaza, Inc. submitted a
site plan for the development located at 702 S. Gilbert Street,
known as Kennedy Plaza. City staff approved the site plan sub-
ject to the property owners entering into Storm Sewer and Drain-
age Way Easement Agreements, a Sanitary Sewer, Water Main
and Utilities Easement Agreement and a Storm Water Detention
Facility Easement Agreement. This Resolution authorizes the
execution of the necessary Easement Agreements.
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Agenda
Iowa City City Council
Regular Council Meeting
April 26/ 1994
Page 6
94-~ /19
(8) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST A PUBLIC WALKWAY EASE.
MENT AGREEMENT FOR LOTS 9 & 10, WEST SIDE PARK.
Comment: The Conditional Zoning Agreement for property locat-
ed in West Side Park Subdivision requires the developer and the
property owner to provide a 15 foot wide walkway easement
prior to the issuance of any building permit for Lots 8, 9 or 10 in
the subdivision. The Developer has applied for a building permit
for Lot 10. This Resolution authorizes execution of the required
walkway easement agreement.
, .
g. Correspondence.
(1) Letter from Lesa Bowles regarding Colonial Lanes.
(2) Letter from Jill Smith requesting the City to purchase the ADS
property for a park.
(3) Letter from William Van Orsdel regarding decisions about the
airport.
(4) Letter from K. Smith regarding SEATS.
~ a4.4d7 dY\
h. Applications for City Plaza Use Permits.
(1) Application from Ann Marie O'Daniel for permission to use the
stage area for Earth Day celebration on April 22/ 1994. (approved)
(2) Application from Angela Lariscy to set up a table for the purpose
of selling books and literature on April 16/ 1994. (denied)
(3) Application from Emma Goldman Clinic to set up a table on April
29 and May 13, 1994, for the purpose of distributing information.
(approved)
(4) Application from the Libertarian Party to set up a table on City
Plaza on April 19 and 20/ 1994/ for the purpose of distributing
literature and conducting a survey. (approved)
(5) Application from Mike Hamm to have the Hemp Tour! in the stage
area of the City Plaza on April 26/ 1994. (denied)
{5) Application from the University of Iowa Animal Coalition to set up
a table on City Plaza to distribute information and to have a can.
dlelight vigil on April 24/ 1994, (approved)
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TO:
FROM:
RE:
City of Iowa City
MEMORANDUM
April 26, 1994
Mayor, City Council, General Public
City Clerk
Additions to the 'Age~da fo~ the regular Council.meeting of 4/26/94.
~Memo from Marjorie HAyden Strait regarding the selection process
~ for the Iowa City Vision Committee selection process (Task Forces).
6k. Consider an ordinance amending Section 36-20.5 CB-5 Zone and Section
36-58 Off-Street Parking. (1st consideration)
Letter from Robert Opplin~er regarding alternative transportation
days (B-Bops).
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Letter from Ann M. Bovbjerg regarding the national conference of
the American Planning Association.
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Agenda
Iowa City City Council
Regular Council Meeting
April 26, 1994
Page 7
i. Applications for the Use of Streets and Public Grounds.
(11 Application from Phi Delta Phi Legal Fraternity to have a Fun Run
on April 16, 1994. (approvedl
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END OF CONSENT CALENDAR ~ p.h, /J Q.<I ~
ITEM NO. 5 - PUBLIC DISCUSSION.
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ITEM NO.6- PLANNING AND ZONING MATTERS.
a. Consider setting a public hearing for May 10, 1994, on an ordinance to
vacate a portion of the Linn Street right-of-way located west of Gilbert
Street and north of Benton Street. (V AC93-0006)
Comment: At its April 7, 1994, meeting, by a vote of 5-0, the Planning
and Zoning Commission recommended approval of vacating a portion of
the Linn Street right-of-way, subject to certain conditions. The Commis-
sion's recommendation is consistent with the staff recommendation.
Action:
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b. Consider setting a public hearing for May 10, 1994, on an ordinance
amending Section 36-20(g)(1) of the Zoning Ordinance to modify the
parking requirements for religious institutions in the Central Business
Service ICB-2) zone.
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Comment: At its April 7, 1994, meeting, by a vote of 6-0, the Planning
and Zoning Commission recommended approval of amending Zoning
Ordinance Section 36-20(g)(11 of the CB-2 zone to read: Religious
institutions may expand without compliance with the off-street parking
requirements. The Commission's recommendation is consistent with the
staff recommendation.
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#4 page 1
Horow/ (#4) Before we get to item #4 I would like to let you know
that the item Housing Inspection Fees resolution has been
deferred and the Baculis Mobile Home Sewer Bill discussion has
been deferred.
Moved by throg, Seconded by Nov. Any discussion.
Kubby/ I have a couple of questions. On page 4, (3), the Senior
Center Repair Project. I don't understand how we could think
about awarding or rejecting a bid that we haven't had a p.h.
on. I thought we already did that.
Atkins/ We did have a p.h.
Kubby/ So what is item #3 about.
Atkins/ Calling a new public hearing.
Kubby/ Because we are rejecting this we have to go through -
Atkins/ Start over again.
Gentry/ Yes.
Kubby/ Do we have an idea why there is such a discrepancy between
the engineer's estimate and the bids that came in. They are
80% greater.
Atkins/ Specially I don't know. Rick, our city engineer, had
indicated that they had discovered certain things in the
specification that he was going to modify and I really don't
know the details on that.
Horow/ Any other discussion. Roll call- (Yes).
F042694
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Horow/ (#5) This is the place on agenda where we invite the public
to address council for any issues that are not already on the
agenda. We ask you to sign your name and state your name and
then limit your discussions to no more than five minutes. If
what you'll say is going to be repeated, we have a full agenda
this evening. I would really ask you to- if there are a lot of
people in the audience who agree with you, then stand unless
you wish to have other points of view.
Lelia Helms/ 1945 Graslon Br. Penny Bryn Neighborhood Association.
May I approach the council with simply a summary of what I'm
going to say. There's only one of us tonight on this topic.
The topic that we want to bring to the council is to speak
about the impending connection of Teg and Aber Drive which
will join West Benton to Sunset Drive and Highway 1 creating
a throughway. This is due to open in more or less a month as
best we can figure it. Our concern to place before you is the
safety of residents and park users, especially children using
the park. The speed of cars will increase as well as the
volume of traffic when this throughway is open. This is not a
vague concern unfounded. There is a basis in fact here. Our
neighbor Michael McCabe was killed in an accident on Teg in
front of the park in the late 1970's. In addition, attached to
the letter you have the Department of Transportation in our
city completed a study which indicates traffic on Teg at this
point before it is opened is at a level almost 90% of what you
expect on a collector street. And that the average speed on
Teg at this point approaches 35 mph. We are requesting that
the city council delay the connection of Teg and Aber until
first the new soccer fields may be opened and we know that
this is a project of which there will be moved south of the
city and eventually all the soccer will occur there. And
secondly until the question of a light at Mormon Trek and Hwy
1 is resolved which we also understand may take some doing.
Alternatively we would ask for placement of stop signs to slow
traffic or as set forth in the city code dealing with speed
limits to reduce the speed limit by the park to 15 mph because
indeed this is a park area. We are seeking to deal with this
problem prospectively rather than retrospectively before there
is a problem or an accident which has already happened.
Finally we realize we're late in the ball game in terms of
asking for this. We are a new neighborhood group organizing
specifically around this issue of safety for children and
residents crossing to the park. While we're relatively late in
terms of asking for this. we think there's some good reasons
for this. When the subdivision at the end of Teg was
contemplated and platted and the original plans put forth,
this was not a qonnection that was contemplated. Indeed Aber
was going to go from Mormon Trek over to Sunset and then back
up to Hwy 1. This has not occurred. And in fact the connection
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is going to be tagged to Aber. We were never notified and
never discussed. We did not know how in fact this came. So
that you get us now coming relatively late to the council and
asking for some sort of consideration in terms of safety and
in terms of traffic, particularly as related to speed. We ask
that you consider this request. We will help as best we can.
We are concerned about the volume of traffic, the nature of
the park, and in particular the safety of the large number of
families particularly children who are eight and nine years
old who are using those fields regularly. Thank you.
Kubby / steve, what is our time frame in terms of annexing the
intersection of Mormon Trek and Hwy 1 so we can put a traffic
light. Secondly about the collaboration with the Kickers
about soccer fields to the south.
Atkins/ I'll take the soccer fields if you like.
Franklin/ The annexation of the r.o.w. so we can put in the light
will be going to the P/Z commission at their first meeting in
May.
KUbby/ How long does that process take in terms of going to the
state annexation board and then coming back here.
Franklin/ We probably will not have to go to the state with this
one because we're not within two mile I believe of another
municipal jurisdiction. The P /Z Commission if this is a
relatively simple annexation which I believe it will be will
take just one meeting on it. It should come to the council by
the beginning of June surely if not your second meeting in
May.
Nov/ Can we assume delaying the Teg Drive construction is not going
to be a problem.
Franklin/ I can't answer that. I'd have to look into it.
NOV/ Can Steve answer that.
Atkins/ No I can't answer that for you. I'll get answers for you.
Franklin/ We have a subdivision that is in the process of being
built there so we'll have to check that out.
Horow/ At the neighborhood meeting that Jeff Davidson, Marcia
Klingaman, and I went to this subject came up and there were
some people from the new development at that meeting and they
voiced their desire to have the street go through that they
needed that access both ways. So there is a problem there and
F042694
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everyone is trying to work it out.
Atkins/ The second question was on the soccer fields. That is
compounded by a whole variety of issues the first of which is
that where we want to construct the soccer fields is in the
county and you are subject to county zoning agreement at the
time we developed the sewer plant which means a north access
road has to be built and that is not something that occurs
rather easily. The other issues associated with the soccer
fields is that we would have to talk to the Kickers, the
organization I think as you know, we no sooner build soccer
fields, then they get gobbled up with respect to use and I
don't want to mislead the neighborhood to think that by simply
opening some new soccer fields that is going to diminish the
problem. Susan had alerted me to this and I did had the Police
do a quick check for me, a computer check, and I think the
speeding problem is very legitimate and we do need to address
that issue. If you wouldn't mind I would like to take this
letter, there is about a half a dozen questions raised,
prepare a formal response.
Horow/ I would appreciate that.
Atkins/ That would be okay and I will prepare it and distribute it
to you.
Kubby/ Is it possible during weekends that we have additional
enforcement and just a presence there to make sure people are-
when they see a police officer people tend to be more careful.
Atkins/ Normally the soccer has been a concern out there for some
time and the congestion, quite frankly, slows the folks down.
When they are not there is that they are experiencing the
speeding problem. At least at the time of day and the speeds
at which they are moving through here. But we will address
that and we will prepare a response for them.
Horow/ Okay. Thank you very much.
Karr/ Motion to accept.
Horow/ Moved by Pigott, seconded by Nov. Any discussion. All those
in favor signify by saying aye (ayes).
Is there anyone else who wished to address council-
I :
Kubby/ Sue, before you close it I think there is somebody in the
lobby who may not know this is the time to come out. I saw
them a moment ago. He has got a brown leather vest on.
Horow/ Frank Riehl. sire, this is the public discussion. Would
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F042694
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#5 page 4
you like to sign in. Just sign your name and limit to what
you have to say to no more than five minutes.
Michael Rowe/ I would like to quote Caesar Cheves. One of the last
interviews he had when someone asked him about farm chemicals,
asked him what he thought of them, and he said they are poison
and they add up. A little bit here and a little bit there and
pretty soon you got quite a lot on you and in you and around
you. He died shortly after that interview. I don't thin he
died from those poisons. I am not sure. I would encourage
really that you ban the use of all those chemicals. They are
fool hardy. It is the lazy man's way out. And the lazy
woman's way out. I live out in a rural area now but I worked
in the city a long tie and worked here and lived here both and
I am scared of those things. As far as spraying to protect
yourself from law suits on your playing fields, I saw a
vietnam Vet. swell up and blister in the city park two years
ago because you all had sprayed it. I don't like you all for
doing that. I really don't. We got on our bicycles and got
the heck out of there. He has only one leg but boy could he
move fast at that point. Now that wasn't Agent Orange that
you used out there but that is what he has already go in him.
I swelled up a few times this year in the country. The farmers
are throwing it on there wind or not. Some of them are. You
just got to stay out of the way. The riches Mennonite farmer
I know told me he don't want any city people moving out in the
country. You all just get in the way of what we are doing.
Ain't that a heck of a Christian attitude. I have caught more
fish on the river in the 40's than all of you put together.
I quit eating out of the river in the 70's. I am scared of
what you are doing. If you do it near me at my home I shall
fight back and this is my home. Cut is out. Don't be fools.
The Farm Bureau doesn't even want it advertised anymore. They
are asking the companies to quit advertising those chemicals.
They want to slicker it on through. We have a federal law
that says farm workers have to where uniforms and be trained,
etc. Clinton, that dirty little Democrat.
Horow/ Mr. Rowe, would you keep your remarks just to Iowa city.
Rowe/ The chemicals are all around. Clinton has allowed now that
law to just stand still for a year and the people that are
throwing it around out in the countryside don't need to follow
those rules even though the law exists. One year grace. Boy,
oh boy, oh boy.
Horow/ Thank you very much.
Rowe/ Is my five minutes up.
F042694
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Horow/ yes it is.
Rowel Thanks for hearing me today. I appreciate the opportunity to
take part.
Horowl Would anybody else care to address council.
Bob Hardy/ I just wanted to inform council that as of tomorrow we
are going to be changing the cablecast machines to playback
the city council meetings and because of that there may be
some loss of programming and this is also to inform the public
that that is going to happen so if they tune in and they don't
find the programming they are looking for for a few days
eventually it will be back on once we figure out what we are
doing with the new machines. Thank you.
Horowl Anyone else care to address council.
discussion.
Close public
F042694
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Agenda
Iowa City City Council
Regular Council Meeting
April 26, 1994
Page 8
c. Public hearing continued from April 12, 1994, on an ordinance amending
the Zoning Ordinance by conditionally changing the use regulations of
an approximate 7.86 acre tract of land located at 2312 Muscatine
Avenue (Towncrest Mobile Home Court) from RFBH, Factory Built Hous-
ing Residential, to CC-2, Community Commercial. (REZ93-0010)
Comment: At its November 4, 1993, meeting, by a vote of 6-0, the
Planning and Zoning Commission recommended denial of a request to
rezone approximately 7.86 acres located at 2312 Muscatine Avenue
from RFBH to CC-2. In a staff report dated September 16, 1993, staff
recommended that the proposed rezoning be approved only if concerns
regarding the improvement of the First Avenue and Muscatine Avenue
intersection and the loss of an area zoned RFBH are resolved. A revised
Conditional Zoning Agreement addressing these concerns has been
submitted for Council consideration. Comments were received at
Council's November 23, 1993, January 4, 1994, JanuarY;~~94,
and April 12, 1994, public hearings on this item. k 7V-- A
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Consider an ordinance amending the Zoning Ordinance by c ditionally
changing the use regulations of an approximate 7.86 acre tract of land
located at 2312 Muscatine Avenue (Towncrest Mobile Home Court!
from RFBH, Factory Built Housing Residential, to CC-2, Community
Commercial. (REZ93-00 1 0) (First consideration!
Comment: See item c. above.
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Action:
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Consider an ordinance amending the Zoning Ordinance by amenchng th7fl ~
Conditional Zoning Agreement for Wild Prairie Estates, a 71.05 acre
property located north of Rohret Road. (REZ94-0003! (Second consid-
eration)
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Comment: At its February 17, 1994, meeting, the Planning and Zoning
Commission, by a vote of 5-0, recommended approval of the proposed
amendments to this Conditional Zoning Agreement. The Commission's
recommendation is consistent with the staff recommendation contained
in a memorandum dated February 17, 1994, No comments were reo
ceived at the Council's March 29, 1994, and April 12, 1994, public
hearings on this item.
Action: ~J~l'1;v".JM (I,v/b '
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Horow/ (#6c) Open the p.h. I would ask you to sign in and keep your
statements to five minutes please.
Phil Leff/ Madam Mayor and members of the council, I am Phil Leff
the attorney for the Eagles Enterprise. You have now in your
materials two letters from Eagles that outline their proposal
and I believe are encompassed in the conditional zoning
agreement. You have two April 8 letters. The last letter is
the one you would have received on about the 23rd of this
month. Just let me summarize for you the proposal since it is
contained in those two letters. It is that Eagles will
provide $30,000 in cash for the use towards the improvement of
the intersection involved. That payment is to be made when
the city council actually takes and lets the contracts for the
improvements.
Nov/ Mr. Leff, that microphone works better if you stand about six
inches away from it.
Leff/ Thank you. The additional $150,000 Eagle is proposing to pay
would be utilized for the relocation expenses. You have
received enough arguments, analogies, pros and cons about this
in letter and written form that I don't think it is necessary
to reiterate those. You will recall that in the last
communication Eagles indicated that they must secure the
approval of the Camps to certain modifications in the
contract. I come here tonight to tell you I just found out a
few minutes ago that those agreements have not yet been
reached. The Camps attorney have been ill for several days,
received the conditional zoning agreement and has not agreed
to those terms and the modifications that need to be made so
they can be made in writing. We believe that we have verbal
assurances between the parties and are confident that those
can be worked out but I must tell you that the conditional
zoning agreement cannot tonight be signed by the Camps. And
wi thout the Camps signature it cannot be signed by the Eagles.
What I hope that you will do in this is to indicate by vote or
otherwise whether or not the conditional zoning agreement, if
it were signed and submitted to you, is satisfactory.
Obviously if it is not and if the vote is negative we have no
reason to proceed further. If your vote is affirmative then
we would come back to you in the next council meeting with the
agreement signed. Or if we don't come back with it signed we
will simply tell you that we are dead in the water and issue
is over. I don't think of any other alternatives other than
to reluctantly, as a third alternative, ask you to continue
the hearing one more time until next meeting. But we are just
as anxious as you are to find out how the council stands and
decide whether to proceed or we simply need to stand out.
Kubby/ The agreement that we have tonight-last night it had two
blanks. A blank for the traffic improvements and a blank for
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#6c page 2
the relocation and one of the blanks is filled in but the
other one is not.
Leff/ The blank that is not filled in on the copy you have is
$30,000 figure, I believe, for the intersection. Yes.
Kubby/ And that is how we should fill in the blank.
Leff/ Yes. There was some other changes made as I believe are
reflected in the document you have that dealt with the legal
description. There was a typographical error and those have
been changed.
Gentry/ Paragraph 12 plus the legal description have been changed.
Horow/ And how many days is that that there is a blank there.
Within so many days of publication of the ordinance.
LeU/ That depends on when the action is actually taken. The
figure that we had originally was 90 days but it will depend
upon whether you postpone this or whether you act on it
tonight. I don't believe you can act on this officially
without having a signed agreement in front of you.
Kubby/ If we close the p.h. and don't have a signed agreement
everything is moot, isn't it.
Gentry/There is not much to vote on. Wi th all due respect to
everyone I think the parties need to have some indication from
you as to what you are going to do.
Horow/ I agree.
Leff/ We can tell you that the proposal that was made, the monetary
amounts and the deadline for closing the mobile home park are
not the items that are in contention. You can assume that
that is submitted on that basis. That is not what is causing
the problem between the parties. It is other contractual
obligations between them.
Horow/ Do you have a question.
Nov/ I would like out city attorney to go through the options for
us, please once more.
Gentry/ You may close the p.h. in which case you would not have a
signed agreement and your vote on the ordinance would-other
than giving a signal to the parties would not have much merit
for force and effect because there is basically no signed
agreement. You can't have an ordinance without the
conditional zoning agreement attached to it. If you want to
keep the ordinance alive with the conditional zoning agreement
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then I would suggest you continue the p.h. If you want to be
done with it, close the hearing and indicate to the parties
one way or the other up or down on the ordinance. The problem
with voting up or down on the ordinance is it is not really
going to have a whole lot of effect. It may at least be an
indication to the parties what you want to do. You don't have
to vote 0 the ordinance. You can table it to a date certain or
indefinitely.
Nov/ We can table it whether or not we continue the p.h.
Gentry / Pardon/ You can defer the vote on the ordinance if you
continue the p.h. or if you close the p.h.
Gentry/ That is correct.
Franklin/ If you close the p.h., however, and defer the ordinance,
you will have to reopen a p.h. on a conditional zoning
agreement in order to practically do anything.
Gentry/ That is right. You would have to start over.
Franklin/ So really it is a choice between closing the hearing and
having the whole thing be dead or you have to start over again
or continuing the p.h. to give the Camps, Oakridge Properties
an opportunity to resolve their differences if you want to
continue with this.
Horow/ There is no way then that we can continue the p.h. and get
an indication n the ordinance.
Franklin/ If you wish to, through your comments, you may give some
indication as to what your sentiments are about what is before
you which is the $150,000 for housing and $30,000 for traffic
improvements. That is just through your comments. It is no
kind of formalized vote. But if you want to leave the whole
thing open and you want to continue the p.h. to allow them to
come to some closure on the agreement. Okay.
Horow/ The p.h. is open. Is there anyone else who wished to
address council on this subject.
Ed Murphy/Good evening Madam Mayor and members of the city
council. Ed Murphy, former tenant. I will keep my remarks
brief. If you choose not to accept this redevelopment
including the relocation assistance program I ask that you
formally adopt a resolution to assist the residents should
their living environment deteriorate to the point that they
cannot tolerate or afford to continue to reside at Towncrest.
My concern is for the stability and security of the tenants
living situation. Unless you have any other questions that is
all I have to say tonight.
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#6c page 4
Horowj Anyone else which to address council. Council has the option
now of continuing.
Kubbyj I think there is one more person.
Rex Merifieldj I am a Towncrest Mobile Home resident. I currently
reside at 2312 Muscatine Avenue where the park is located. I
have here some reasons why I think it shouldn't be sold or
rezoned and they are it would create traffic and safety hazard
for children and day care in the area. It would cause more
pollution than already is here and further deplete our only
ozone layer surrounding the earth's atmosphere. And it is
also a low income area in the neighborhood. Many residents
that are there cannot afford to relocate and a lot of
residents have dogs and wouldn't be able to find a place. An
apartment house or trailer that would allow dogs because such
a policy that managers and landlords have. And it would be
unnecessary and anti environmental to remove all or part of
the existing trees in the area and there is already-final
reason is there is a supermarket one mile north of the
proposed site being HyVee and two other supermarkets meaning
Randalls and Econofoods in some plazas one and two miles
southwest of the proposed site. Thank you for the time.
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Adrian Knuthj Madam Mayor and council persons. I am an attorney
from Anamosa. I represent Senior pablos restaurant. Carmen
Paulson is my sister and on behalf of Senior pablos we would
ask that the council consider a continuation to afford the
Eagles Enterprize as well as the Camps to reach an agreement.
I was privy to some of the discussions and I can confirm as
Phil Leff has told you that the $150,000 for the relocation
and the $30,000 for the street impact are not the issues in
contention. There are other contractual issues that, from at
least my perspective, won't affect the city's interest and
certainly don't affect our interests as one of the parties.
Senior Pablos is interested in the deal with Eagles going
through, obviously, from very personal point of view. We also
think that enterprise or that project, if it were to go
through, would serve the better interests of the city in the
long run. We certainly would hope that the council would
grant the opportunity to reach accord and I also have the feel
just from knowing the parties, some of the parties involved
and having judged from the conversations I was privy to, that
within that extension period or continuation period that the
parties would be able to come back here and sign that
agreement. Everyone is sitting on the fence as to what the
council is ultimately going to do. It would be a great
benefit to all of the parties. It would be certainly to my
sister and I. I am sure to Phil and his clients and to the
Camps as to where. Is this a waste of people's time or is
there a genuine interest on the part of the city to accept the
essential provision that you have before you. We would hope
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#6c page 5
so. eagles has negotiated with my sister and I in good faith
throughout this dealings. We have not had problems. The
proposal has been straight forward and in earnest and I think
that the proposals that they have presented to the council and
their behalf and that you have before you in the proposed
CHANGE TAPE TO REEL 94-64 S1
Knuth/ Again, it would be a great relief to all of the parties and
maybe for those who have interests as well as the occupants of
the trailer park and others in the neighborhood if we could
have that indication. Thank you very much.
Karr/ Could we have a motion to accept correspondence please.
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Horow/ Moved by Throg, seconded by Kubby. Anyone else who wishes
to address council. I would like to ask council if we could
hold off the indication of what we want to do and make a
decision about the p.h. Would that be appropriate.
Gentry/ If you close the p.h., the ordinance is dead.
Kubby/ On the other hand if there are at least four people who
would not be supporting why waste everybody's time putting it
back on the agenda. If there are four people, give them an
indication now, close the p.h. and let it lie.
Horow/ Would someone care to make a motion to continue the p.h.
Moved by Lehman, seconded by Baker to continue the p.h. to May
10. Any discussion.
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appropriate question so I will just ask it and if somebody
thinks it is not appropriate tell me. We had some
conversations about this issue last night during our work
session and I guess I am just wondering whether Eagle is aware
of the substance of that conversation. Whether anyone was here
representing Eagles that was listening or whether the essence
of that conversation was communicated to Eagles. And, again,
if that is an inappropriate question, please let me know.
/ No, I think it is perfectly appropriate. Phil.
Leff/ It wasn't communicated to me.
Gentry/ staff communicated the information to someone.
Rockne Brosman/ I was here. What was the question.
Throg/ I am aware that we talked about this last night and there
was some signals given during the council meeting last night
that at least from my own personal point of view would
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#6c page 6
indicate how I would be likely to vote on the issue tonight
given the way I think it is. I am just wondering if anybody
knew that.
Brosman/ What was the signal.
Kubby/ I am not sure that it was clear. We didn't count noses.
Throg/ There was no signal from the council as a whole. I didn't
mean to say that.
Brosman/ What I am asking is what is it- are you asking what am I
aware of. I was here.
Horow/ Were there any issues that we discussed last night which you
had any consideration or some opinion on. We talked about the
plan of widening the street. We talked about the share of the
traffic assessment. How much r.o.w. we would need. We talked
about the number of households getting relocation. Bruno
brought up responsibility for the neighborhood, many residents
want the offer. Some residents don't want the offer. I think-
Brosman/ I thought that staff answered those questions or shared
wi th them their opinions to satisfy those to some degree. Did
I hear anything last night that would change what we have
before you, no, I am unable to make any changes.
Nov/ I have one more piece of discussion. When we talked about
traffic and street widening last night we were told five lanes
and I looked at my diagrams again from I don't know when, last
November or whenever they were given to me, and I cannot see
how that can happen. I think four lanes is the best we can do
if we have 7 feet from this side of the land and 7 feet from
this side of the street we can get one more lane. So, tell me
the plan.
Jeff Davidson/ The city engineer and I have discussed this Naomi
and it would be nice to be able to have plans spread out in
front of us to exactly show it. Rick indicates that five
lanes, that being the two through lanes in each direction and
a center turning lane is possible with the additional r.o.w we
have asked for.
nov/ One of the diagrams that I saw we have three 12 foot lanes.
Now where are we going to get to the point of five 12 foot
lanes.
Davidson/ We have some excess r.o.w. in the corridor now that could
be used for the additional lanes as well as what we are asking
for.
Nov/ Okay. So we currently have r.o.w that is city owned that the
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#6c page 7
city does not have to purchase and if we get 7 1/2 feet more
we can put in five lanes.
Davidson/ We need 7 1/2 feet from the Eagles side, the side that
would have the 8 foot sidewalk on it. From the other side we
need 2 1/2 feet. 7 1/2 plus 2 1/2 plus what we have already
for r.o.w would be adequate for the proposed improvement.
Nov/ Okay, so the basic need is 9 feet more.
Davidson/ That is correct.
Nov/ And on Muscatine-
Davidson/ 10 feet more-
NoV/I think it was 7 feet. And what is the other side.
Davidson/ 7 feet on the north side of Muscatine. That is correct.
Nov/ And do we need something from the south side as well.
Davidson/ Five feet. I believe the 7 1/2 and the 2 1/2 is 10, not
9.
Horow/ Are there any other discussions on this. Just discussing
continuing the p.h.
Baker/ When we get to the next item-
Horow/ We will have a discussion about where we stand on this.
Kubby/ I don't know. I am tired of continuing this and the only
reason I will vote to continue this p.h. is because people are
going to give an indication on how they are feeling about this
on the next item otherwise I would not.
pigott/ It doesn't make me happy that we have to continue this. It
is one of those things that we have made a commitment to
people that we would make a decision on this and we have
stretched it our time and time again. It is tie for us to at
least make an indication of how we are going to vote.
Nov/ I think if we continue it we have made an indication that we
are still planning to vote on it.
Pigott/ I meant how we are going to vote on it.
Horow/ All those in favor of continuing the p.h. to May 10 signify
by saying aye (ayes). The p.h. will be continued to May 10.
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#6d page 1
Horow/ (#6d) This is rather than first consideration we do not
have the conditional agreement signed this is more an
indication of where we plan on coming from.
Moved by Kubby, seconded by Throg to defer until May 10.
Discussion.
Throg/ One of the things I said last night is that in my view it is
important for any firm like Eagles to bear its share of the
cost of public improvements that would have to be done as the
result of a particular development. In this instance, as I
understand, the rezoning would result in additional traffic
that would force us to accelerate the schedule for making
traffic improvements at that intersection and according to the
documentation we have received in the past and during previous
meetings, Eagles share of that would be somewhere between
$81,000 and $120,000. In my view, we should expect, as a
condition of rezoning, Eagle to pay at east the low end of
that share.
Horow/ Okay, anybody else.
Lehman/ I think Eagles has offered of $150,000 for relocation
expenses which is something that we cannot legally require.
That along with dedication of land of the approximate value of
$100,000 and $30,000 in cash I think is a tremendous
contribution in addition to building a building that is
probably is going to be $5-6-7 million. I don't know what
you have to do in this town to do business. This obviously is
an improvement for this community. It is the only chance that
people in this mobile home court have. That is going to be
closed and unless we help those folks. Now Eagles is offering
to do it. If we don't accept their offer we are probably going
to do it. I don't know what more we can ask for. So
obviously I think it is a bonified offer. It is a generous
offer. I think it is something we should accept.
Baker/ Sue, I tend to agree with Jim in one very important respect.
I think that offer of $30,000 is woefully insufficient.
However, in the context of the bigger issue which is what do
we do with the residents, what is their future. I am much
more sympathetic to the Eagle proposal. I think is it were
just a matter of rezoning empty land, I would say no tonight
unless we got the full cost of the improvements. But in
conjunction with the other proposal, in conjunction with at
least accepting the principle they have some obligation to pay
for some of the infrastructure cost I don't think it is
enough. But again, in the context of the overall offer I am
willing to settle for that $30,000. I think it is important
that we remember that two weeks ago the offer was zero on this
and now it is $30,000. In the best of all possible worlds we
would get more. But I think in this particular case to relieve
any potential strain-stress, any misgivings or hesitations
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#6d page 2
that the residents out there feel about their future, I think
we should accept this proposal now.
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KUbby/ I have a lot of stuff that I want to say. And I know that
we are getting away from the issue of land use and that I have
really been trying to stress to us that this is a land use
issue but I, too, am concerned about the relocation,
especially even more than the traffic. Less than a year ago
P/Z turned down another rezoning to CC-2 in the Sycamore Farms
area and the reasoning behind that is that we already have a
sufficient amount of CC-2 acreage in the city. And that was
part of some of P/Z members voting no on this as well as some
of the monetary issues. So-and I believe that keeping this
piece of land residential is paramount importance. I realize
that going through this process of evaluating this application
for the zoning change that we found a need for more trailer
park zoning in town and so it is good that this kind of came
to us in our face and that we are going to act on it. But
when we are consistently struggling in the creation of more
affordable housing, why would we want to back peddle and
rezone a piece of land that is already zoned for manufactured
housing and is in general affordable housing. So I don' t
really understand why we would want to go backwards. In terms
of the relocation that if residents were forced to move I
still believe that many people would not maintain their status
in the housing market. Especially in terms of ownership of
equity. I don't believe that this move would replace that
equity with equity. And I don't believe that we should make
a decision that causes people to lose assets. Of the 43
households that are still living at the Towncrest Mobile Home
Court, only 11 are owners of trailers that can be relocated,
6 households are people who are renting trailers that can be
located and still rent somewhere else in town. But that
leaves 26 people, over half the residents, who own their
trailers but they will not be relocated. What they will do is
they will receive either $3,000-4,000 as a cash payment but
they will not have a place to go and I do not believe that
they can replace the equity they now have with that $3,000-
4,000 cash payment. And thirdly, as people have already
stated, the traffic improvements I think that Eagles should
pay their fair share of the million dollar project. And
lastly, I guess I realize that if nothing changes that the
cost of maintaining Towncrest Mobile Home Court may continue
to rise. And at one of the p.h.s the attorney for the owners
of the trailer court stated that 38% of the expenses for
running the park are for sewer and water charges and right
there when you are trying to make a business work you either
raise the price of your service and that has happened twice in
the last year at Towncrest or you decrease your expenses and
one of the ways Towncrest can decrease their expenses is to
make it a profitable business is to do something about water
and sewer usage. I think that I disagree with Ernie that this
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#6d page 3
isn't the only option for the residents of Towncrest. I
believe that the city could create a partnership between the
owners of the trailer park, the residents, and to help them
revitalize Towncrest. And I think that we should do that and
I know that council has agreed that if this rezoning request
is turned down that we will not turn our backs on the
residents or the owners of Towncrest and we have all made that
commitment no matter which way the vote goes. But I strongly
disagree that the only option for the residents, the only
positive option, is to rezone the land. And I will be voting
no.
Pigott/ I think we are dealing with a lot of issues. I think the
first and the one that Karen was mentioning is one you have to
get past and that is what the best use of the particular
property is. Another is the relocation of the tenants. A
third is the issue of the street improvements and the fourth
is the character of the neighborhood, the surrounding
neighborhood. And when we consider this issue you have to
think about those-I mean this decision we have to think about
those issues. We also have to think about the different groups
that have a stake in this area. One of the groups is the
neighbors in the surrounding area. I think the neighbors in
the area have a deep interest in seeing the area revitalized,
the area that is close to their home. I think they are
interested in this proposal because they are interested in a
shopping center. A shopping center sounds like a great idea.
I am not sure that they would be interested in a store the
size that Eagle proposes but I think that they are interested
in something to revitalize that area. Then there is another
group of people, the people who live in Towncrest Mobile Home
Park that we are all very concerned about. The interest that
they have is the interest in habitable place to live. They
originally, I believe, prefer to stay at Towncrest and because
it is closer to d.t. , the bus line services and it is a place
that they have been for years. In the last few weeks as this
decision has dragged on I however, and is seemed to have
churned along, the residents have called me and many of them
have expressed an interest in accepting this offer because
they fear if they don't act now rents are eventually going to
go up at Towncrest and they are going to be run out of that
area whether it is our intention to run them out or not and
they will receive nothing. That may not be the view of all
the residents but it is a view that I have heard in that area.
Then there is the interest of Eagle grocery store. Eagle sees
this as a prime opportunity. It is a wonderful area serving
an expanding part of town and it looks like a very profitable
venture for them or else they wouldn't pursue it for as long
as they have. Then there is the interest of the council. The
interest of the council, I think, is to-when considering this
request, is to talte in the desires of these various groups and
make a decision that is in the best interest of the community.
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That would be pretty obvious but I thin it is worth stating.
When I think about the first issue what is the best use of the
land in the short term and in the long term. Many have said
that the best use of the land given the fact that we don't
have a lot of affordable housing is to leave it as is.
Especially for those who can't afford a lot more. I believe
that the present zoning is not necessarily the best use of
that land in the long run. In the short run in the next year
or so I believe that it is perhaps the best use. After
considering that I have to consider the relocation, the street
improvements and the neighborhood itself. Relocation fees I
think about what many residents have called me and said.
Despite the fact that we have lived here for a long time, many
of them are interested in accepting this offer. Despite the
fact that it is not going to be equity many are interested in
accepting this offer. And despite the fact that many of these
trailers will not be able to be relocated they are interested
in accepting the offer. And I hear that and I think that is
significant. And I think it is important to listen. I think
that where I really get stumped on this issue is the offer of
street improvement. It is a $30,000 offer when the council has
clearly made a plea for Eagle to provide more. I am sort of
sadden here that the grocery store has felt that $30,000 is
enough and that its offer to donate 7.5 feet on the east side
of First Avenue and 7 feet on Muscatine is legitimate. I think
that is ridicules and I think that the company should give
more. I am really not happy about that and it is a real
sticky point for me. I wish that the company would come up
here and say we contribute the $80,000. I believe that they
probably could. And then the other issue I wanted to bring up
was the character of the neighborhood. The size of the store
in this residential area is huge. And I think that the
neighbors are excited to see this there but I also believe
that they may not be happy with the size of the store that is
bigger than Econofoods in that neighborhood. Maybe, I don't
know. Maybe they would be happy. When I shift through all of
these issues and come back to something that is what Karen
said is a paramount concern and that is the relocation.
Granted that the fact that I am very unhappy with the way that
Eagle has come forward and offered only $30,000. I think that
is inappropriate. I think the concerns of neighbors are
paramount important and I think that I am willing to go along
wi th the rezoning because I think that the neighbors, the
people in Towncrest, are interested in moving out of this
because they see that the city isn't going to do anything
regardless of the possibility of doing something and the would
like to move on to another area and they find that this is
acceptable. I appreciate Eagles coming up from $60,000 or
whatever the amount was to the $145,000 offer. And I think
that is commendable. I am not all happy with the improvements
but given the fact that I think that these people need to be
compensated because we should worry about affordable housing
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#6d page 5
and that the see people may, regardless of what we do in other
areas of affordable housing, not be taken care of in the
future without this rezoning-
Nov I Almost everything has been said. Karen, do you have some
confidence in the numbers that you have come up with as far as
ownership is concerned because I have been very concerned
about ownership and equity and all of this and the numbers
that I read in some previous council material are that there
are 66 trailers and of those 56 are rentals, only 10 are owner
occupied.
KubbYI I got my numbers from Ed Murphy via the last p.h. and Ed did
a survey earlier on and some people have left, other people
have come in, so things have changed since that one survey.
ut the numbers I got were what Ed gave us.
Novl You said that there were 11 owner occupied and that were not
movable. I understand that there are 11 owner occupied
trailers but some may be movable.
Kubbyl I said that only 11 households are owner occupied trailers
that can be relocated and that 26 will receive the $3,000-
4,000 compensation and they will not be able to be relocated
and they will sign away salvage rights as well. So over half
of them will not be relocated.
Novl Because they are owner occupied or not is my real concern. if
they own a rental unit, if they are renting and have to be
relocated and they do not move the trailer with them that is
not my concern.
KUbbYI There are six people in that category. And the rest of the
43 are owner-
Novl We need to really worry about those kinds of people. That is
one of our main concerns and I think we need to readjust,
rediscover or whatever to be sure that we have those numbers
accurate. I believe that those who do relocate if we rezone
this will not get along the contribution from Eagles alone.
We will have to put some city funding or some eDBG funding
from the federal government that will have to be spent by the
ci ty for the purpose of these residences and I agree with
Karen on the fact that our eyes have been open and the city is
going forward on a city owned trailer park. There is a
positive aspect of this. I think that fact that we will have
to do something about the streets is important to recognize.
Our eIP budget will increase. It will increase no matter how
much Eagles puts into it. The same way our relocation costs
are going to increase. And based on all of this I am not
ready to decide.
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#6d page 6
Horow/ You are not ready to decide.
Nov/ Right. I think deferring for two weeks and thinking about it
for two weeks more is important and I am hoping that these
kinds of things will be more accurately presented at that
time.
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Horow/ I, too, have considered this for quite a while. I have also
spoken with the chairman of the P/Z Commission who asked me to
relate that P/Z turned this down because at the time that they
looked at this there was not the availability of RFBH. There
is now that the city is working on this. That from their
point of view they are comfortable with the changing of the
zoning on all of this. We have consistently looked at this
from a land use point of view. I have talked with the
neighbors. There are neighbors not only adjacent to this but
also in the immediate area who have told me that they are
delighted that they know longer have to increase the traffic
heading south on First Avenue to go to the south part of the
city where all the grocery stores are. They have, for some
time, wished that there was another grocery store in that
area. I feel that the city's relocation efforts we have made
a commitment to that no matter what. I would certainly be
remiss if I said I would not want $150,000 that Eagle is
willing to give me to assist the tax payers in helping
relocate these people. I am sorry but I am not about to turn
down $150,000. We have heard from the people who live there.
They want us to help them. They asked us to listen to them.
Frankly, I am willing to go along with this. And so you do
have your indication. According to my count, there are a
majority of people who would lilte to have this land rezoned.
throg/ Could I make another brief comment. It is clear that there
is a majority in favor so I won't belabor that. I think we
are on the verge of making a mistake and I am not going to
belabor that either. What I would like to do is draw
attention to the importance of item 4d on page 2 of the
condi tional zoning agreement which indicates that the Director
of PCD must approve a concept plan including the elevation
drawings, landscape plan, provisions for landscape buffers
between the proposed development and existing residential
development to the north and east of the property and so and
I think the point I would like to make is this is not just a
li ttle neighborhood store. It is a 67,000 sq. ft. development.
It is very large and it could easily overwhelm the
neighborhood if it is not well designed. So, I guess I would
like to plea with Eagle and with staff to strive to make sure
the store will blend in with the surrounding neighborhood,
blend in with the surrounding homes and contribute towards
creating a vital center for that area. otherwise- it will be
good in many ways but really quite harmful in many others.
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#6d page 7
Kubby/ I guess I, too, want to make one last comment and that is I
want to make it real clear that there are other costs to the
city. When we make a decision like this that rearranges our
eIP that means that other neighborhoods and other city needs
get pushed back and we mayor may not end up getting to some
of those and that is a cost to tax payers and quality of life
and possibly in tax dollars. So, I think we just need to
recognize that and accept that so it is not just that we can't
say no to $150,000. It is a much larger issue than that. And
for me it is another example of how easy this is for us to
inconvenience and change the lives of low income households
for the benefit of certain kinds of development and I, too,
want that corner redeveloped. I live right next to it. It
needs to be redeveloped. I just don't think it needs to be
bigger and that we shouldn't take the first thing that comes
to us.
Horow/ okay. We have a motion on the floor to defer this to May
10. We have had discussion. Is there any further discussion.
I would like a roll call on this if possible.
Gentry/ Okay, no problem. (Roll call-)
Horow/ This has been deferred. You have your indication.
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Agenda
Iowa City City Council
Regular Council Meeting
April 26, 1994
Page 9
'.',
f. Consider an ordinance amending the Zoning Ordinance by establishing
the Brown Street Historic District. (Second consideration)
.' "
Comment: At its January 25, 1994, meeting, the Historic Preservation
Commission, by a vote of 5-0-2 (Russell and Irelan abstaining), recom-
mended approval of the proposed Brown Street Historic District. At its
meeting of February 17, 1994, the Planning and Zoning Commission, by
a 5-0 vote, recommended approval of the proposed Brown Street Histor-
ic District. Staff concurs with the recommendations of both commis-
sions. Comments were received at the Council's March 29, 1994,
public hearing on this item.
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Action:
%
g. Consider an ordinance amending the Zoning Ordinance by conditionally
changing the use regulations of an approximate 422 acre tract of land
located south of Highway 6 and south of the southern corporate limits
from County RS, Suburban Residential, to RS-8, Medium DensitySingle-
Family Residential (62 acresl; RM-12, Low Density Multi-Family Residen-
tial (10 acresl; RM-20, Medium Density Multi-Family Residential (15
acresl; RFBH, Factory Built Housing Residential (84 acres); RR-1, Rural
Residential (191 acres); and ID-RM, Interim Development Multi-Family
Residential (59 acres). (REZ92-0015l (Pass and adoptl
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Comment: At its November 4, 1993, meeting, by a vote of 6-0, the
Planning and Zoning Commission recommended approval of a proposal
to rezone the Sycamore Farms area as noted above, subject to condi-
tions related to environmental concerns, neighborhood open space, an
elementary school site and infrastructure responsibility. The
Commission's recommendation is generally consistent with that of the
staff. At the applicant's request, the State City Development Board has
deferred consideration of the proposal to annex this land to Iowa City
to May 17, 1994. Consequently, in a letter dated April 13, 1994, the
applicant requests deferral of Council action on the rezoning to the May
24, 1994, Council meeting.
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Agenda
Iowa City City Council
Regular Council Meeting
April 26/ 1994
Page 10
9't-3'=>I/"
h. Consider 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 block south of Sheridan Avenue from 1-1 to RS-8.
(REZ94-0002) (Pass and adopt)
i.
Comment: At its March 3, 1994/ meeting, the Planning and Zoning
Commission, by a vote of 4-0, recommended approval of rezoning the
former electric power substation site from 1-1 to RS-8, This recommen-
dation is consistent with the staff's recommendation contained in the
report dated March 3, 1994. No comments were received at the
Council/s March 29/ 1994/ public hearing on this item.
Action: xbo/ ,jl~)
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Consider a resolution approving the preliminary plat of Longfellow Man- '()
or, a 7.64 acre, 20-lot residential subdivision located on the south side
of Sheridan Avenue, east of Oakland Ave. (Sub. 94.0003) .
Comment: The Planning and Z~ning commi4n ~~w.e.
application at its April 21, 1994/ meeting.7In~~he staff report dated
March 17/ 1994/ and report dated March 17/ 1994, and the staff memo
orandum dated April 21/ 1994/ staff recommends approval of the pro'
posed plat subject to conditions. The applicant has requested expedited
consideration of this .Plat ~/1~ ~ 1A)/~
Action: M ~
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Public hearing continued from April 12/ 1994/ on amendme s t
Zoning Ordinance, Chapter 36-58, to require parking for commercial and
office uses in the CB-5 Zone.
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Comment: At the Planning and Zoning Commission/s April 21/ 1994/
meeting, amendments to the off.street parking requirements for com.
mercial and office uses in the CB-5 zone will be considered. These
proposed amendments are the result of Council discussions regarding
redevelopment of the Near Southside. Comments were received at the
Council/s April 12/ 1994/ public hearing on this item.
Action: _It///~/,V
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#Gh page 1
Horow/ (#Gh) Last evening council heard from IIGE, two gentlemen
dealing with environmental compliance. The question had to do
with a spill of oil and PCBs at that site. Ms. gentry, would
you like to give us the information that you have.
Gentry/ Yes, I think the property owner may have some new ideas
they want to present tonight. but with respect to the site
assessment we did contact the EPA and they suggested certain
levels of contaminant testing for the concrete as well as the
soil. Ironically enough the concrete is gone. The gentleman
suggested there is probably is nothing in the soil but we do
have the contaminant levels that would be appropriate for the
soil for the testing and if they come up below that level then
the site is considered clean for EPA purposes. And for PCB
regulation for some reason, EPA has kept that to themselves
rather than passing it on to the DNR and I have confirmed that
with the DNR. you still have the opportunity, even if the
property owners choose not to dedicate that as a public
street, it is my opinion that in talking with Rick Fosse and
Chuck Schmadeke that we will need still need a public access
easement for fire protection purposes and possibly for garbage
collection and other city services and still need an easement
access which is still one of those bundle of sticks of
property rights and so it is my opinion that you will still
have the right to require a site assessment if you choose even
though we will not be fee title holders. We will still have
a property interest of lesser magnitude than fee title which
is all the bundle of sticks of property owner.
Nov/ Does this pertain to the vote on the ordinance or just the
resolution approving the plat.
Gentry/ It pertains to the resolution on the preliminary plat and
you have a corrected copy that Marsha and I have redrafted on
item Gi. So h. the ordinance on conditional zoning does not
change, the resolution on the preliminary plat is the
conditions for the site assessment.
Horow/ So we are voting on the ordinance right now. Chair would
entertain a motion to adopt the ordinance.
Moved by Lehman, seconded by Nov. Discussion.
Throg/ It is worth saying that the spills that have occurred were
very small spills. He didn't use those words but just to make
sure that other people who might be listening.
Nov/ They were a leak from a gasket rather than a can of oil that
poured out on the concrete.
Horow/ Any other discussion. Roll call- (Yes).
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Horow/ (#6i) Moved by Nov, seconded by Throg.
Nov / We have a new resolution which resolution does accept the
necessity for the developer to go through the test and meet
the EPA standards on PCB contaminant. Now, do we also want to
consider testing the flood plain/floodway changes which have
been proposed by Mr. Rhodes that came up at yesterdays
meeting.
KUbby/ Before we talk about that I would really appreciate it if
sandy could come up again and -
Horow/ Do you have a question for him. This is not a p.h. Do you
have a specific question.
Kubby/ I want to make sure that I understand the memo that he gave
us and I think if we are going to talk about it it would be
good to have an explanation for the public as well as-
Baker/ I agree also. I was wondering if the staff has had the time
to go into this and respond to it.
Kubby/ So before the response even I would like to hear the idea
and the concern and then hear the response.
Horow/ Give us a very terse abstract here.
Richard (Sandy) Rhodes/ Thank you very much Madam Mayor. My
signature is even more legible than usual because I rushed it.
I hope you all have had an opportunity to look at my letter.
I have what I regard a fairly serious concerns about the fill
that is being placed in the 100 year flood plain. Up onto the
edge of the floodway on the north end of the ADS site we know
that any flood plain may be filled from both sides to the
floodway edge and it will increase the water level of the 100
year flood by no more than one foot. I have been told in P/Z
meetings and have heard the city engineer say that this falls
within that provision, it is therefore legal, and therefore
can take place. My concerns are that we do not know how much
less than one foot this elevation of a 100 year flood will be.
We do not know what the effect on the five year flood, ten
year flood, the 25 year flood and so on will be. We do not
know the elevations of the houses on the east side of the
creek, the existing houses on the east side of the creek and
how they will be impacted by the unknown but less than one
foot increase in flood levels. There are approximately, and
let me look at my letter to make sure I have this right, there
are 12 dwellings that represent 14 households that are within
the 100 year flood plain on the east side of the creek. These
are on Sheridan Avenue and Rundell Street. There are six
additional existing dwellings that may be one foot or less
above the presence 100 year flood elevation. To me it is the
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#6i page 2
essence of planning is finding out the effects of what you are
going to do before you do it. I think it is incumbent upon
the city, given what happen last year and the extensive
flooding that we had, that we look at this before you allow
the fill to be placed on the ADS site. certainly if you can
be concerned with landscaping and shrubbery protecting
existing housing from the visual and noise impact of a
commercial development, I think you can be concerned about the
impact of potential flood waters which are more hazardous than
noise and visual pollution.
Kubby/ Sandy, to make sure I understand, you are saying if we allow
fill on one property on one side of the creek when it rains
and the creek doesn't have any place to go, it is going to go
into the lower areas that currently have houses on them and
there is possibly the potential for greater flooding then than
now with no fill.
Rhodes/ That is correct.
KUbby/ In a certain sense I am feeling this conflict in a couple of
values here. Or maybe it is in our laws. One is says you
have to go a foot above the 100 year flood plain to build,
otherwise they don't want you to build. In order to let you
build you fill it so that it impacts on neighboring
properties.
Rhodes/ There are potential engineering solutions that could allow
an adequate volume of flood waters to pass while still
allowing the raising of properties to build the houses at the
ADS site.
Kubby/So those two things don't ave to be in conflict.
Rhodes/ They are not mutually exclusive. I am no hydrologic
engineer. That is why I want one to look at this situation
before we endanger 20 different households.
Horow/ I think in fairness to what you have said, because I do
appreciate that particular point of vi.ew, I think it is only
fair to ask developer's engineer if he wishes to comment on
Mr. Rhode's comments.
Nov/ Do you have any information about the recent flooding, summer
1993 flooding, and its affect on those homes that we are now
concerned about.
Rhodes/ I have no information whatsoever on those.
Nov/ We had relatively good luck with Ralston Creek this summer in
that particular area because of other upstream kinds of basins
and that sort of control systems. I have no actual concrete
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#6i page 3
information from these people. I want to know, steve, have
you heard anything from your Engineering Department on this.
Atkins/ No I have not other than the subdivision satisfied all of
our regulations.
Rhodes/ I might mention that I went to the engineer's office to get
the flood plain map to see what the extent of the fill would
be in the flood plain and I inquired very specifically at the
time whether those flood, 100 year flood limit, on those maps
reflected the construction of the South Branch Ralston Creek
Storm Water Detention Facility out on Scott Blvd. And the
very specific answer was yes that they did reflect the
presence of that storm water detention facility. So that does
not in any way lessen the impact, that is the wrong way to
phrase it.
Nov/ The impact is accounted for-
Rhodes/ Thank you, Karen. The impact is accounted for.
Nov/ And of course the amount of paving that the new development
would contain is not accounted for.
Rhodes/ That is true but I think that is fairly minor on the ADS
property but there are other large areas of paving going in
such as the City High Parking Lot, the new parking lot, which
is several acres which is not accounted for in the flood
plain.
Horow/ Thank you very much.
Throg/ Sue, I would also like to be able to ask anybody from the
Longfellow Neighborhood Association who happens to be here and
who might want to speak. I would like to ask them a similar
kind of question.
Larry Schnittjer/ MMS Consultants. We have been working on this
project for a little over a year now and in regard to the
questions on the flooding, Jim has related several times that
he did go out to the site during the heavy rains last summer
and that at no time was the creek our of its banks. I can't
relate to that because I did not observe that. And whether
there are residents out there that observed something that Jim
didn't, I don't know. But as far as the amount of filling
that is proposed and the site I, at this point in time, can't
refute what Sandy has projected because we have not done a
super fine final grading plan. We have done a grading plan
that will allow us to do our temporary filling in there and do
another one at the time we finalize the subdivision plans.
And we don't anticipate that we will be exceeding what Sandy
has projected. It probably will be less than that. As far as
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#6i page 4
the impact on the neighbors, I don't have an answer to that.
Whether there will be any impact or whether it will be minor
or whether it be some what major, I can't tell you that. If
that information is necessary we will figure out some way to
find it out.
CHANGE TAPE TO REEL 94-64 S2
Schnittjerj And if you want to change the ordinance that is up to
you.
Horowj Thank you. Do you have a specific question.
Throgj Yeah, I would like to ask Pat Folsom or anyone else from the
Longfellow Neighborhood Association who might like to address
this question. If you don't want to feel free not to. The
basic question is whether any homeowners on the east side of
Ralston creek have experienced flooding last year or have the
same kind of fears as expressed in Sandy's memo to us.
Randy Neprashj I live in the Longfellow neighborhood. I am also a
civil engineer. To my knowledge I am not aware of anyone on
the east side of the bank who has come forward with a specific
flooding problem. Addressing some of the other questions that
have come up in the last ten minutes. Last summer Ralston
Creek exceeded its banks at my household once. It came about
half way up into the backyard. It didn't reach the house but
it exceeded the banks. In a broader sense this raises some
short term and long term questions for you folks. These house
in question on the east side of Ralston creek pre date a lot
of flood control provisions for housing construction. Also
this creek, the flood plain, and the flood way have changed
over time. certainly since those houses were built. The storm
water detention facility is an excellent example of that.
Another factor is increased development, paving over, etc./
etc. I have had a conversation with some of the federal
people who administer some of the floodway provisions and the
one foot line is not a magic line. There are some flood
studies where going into flood study they use a smaller
increment than a one foot increase for the 100 year flood in
their flood studies. It is not the case in this flood study.
This flood study appears to have used the one foot but it is
not a number that appears to be cast in stone. Also, a factor
to consider may be how the flood studies ar done. I am
somewhat familiar with a computer model that is used. It is
referred to as Eck 2 (sp?) written by the Army Corps of
Engineers. If it is possible to dig up the original computer
files that were used for this flood study it may be possible
to include one or two new cross sections in that flood study.
The new shape of the channel for the creek and simply rerun
the model to see what it looks like. That may be a job that
is feasible. I cannot say for sure one way or another.
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#6i page 5
Horow/ Thank you very much, We are considering the resolution. The
motion is on the table and has been seconded.
David Poula/ I only have one sentence to share with you tonight
although I will add more. Can we agree that the discharge of
a non polluting substance cannot cause pollution of the earth
on to which it was discharged.
Throg/ What is the meaning of the question.
Poula/ I did not know that council asked IIGE directly for some
information which she never received. They sent me a five
page fax which I will share with council in just a second
here. The PCB levels were tested on the three containers that
make up the substation. The federal PCB allowable level is 500
parts per million. The tests indicate 293 in one tank, 204 in
another tank and 173 in another tank. If the PCB levels as
measured do not reach the federal threshold then there can be
no pollution on there. That is our position. I will handout
these pages for the councils consideration. The tests are
referred to by number. I only have one copy of this. I just
got this at 7:30. It is the log sheet which puts the two
together.
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Horow/ I appreciate that. I am sure you realize that council is
representing the citizens in this part and their concern for
any potential problems. Thank you very much.
Gentry/ Incidently, I asked for this information three weeks ago
from IIGE.
Horow/ Great. Any further discussion on this.
Kubby/ I think we probably need to answer the question that was
just asked because it may change how the resolution reads.
Throg/ You mean this one, the one David just asked about.
Kubby/ Even though we have a concern, and I believe a legitimate
concern, if we know on the front end that if the oil had been
spilled and not been cleaned up and we tested it it would
still be deemed clean upon testing, why go through the
rigamaroll and so even though I an very concerned about the
environment and contamination, there is some logic and expense
here that isn't going to help alleviate fears of the
neighborhood.
Horow/ And it is not going to help alleviate it because the
material not there any longer as I understand it.
Kubby/ In a certain sense we can deduce that the tests will come
out clean.
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#6i page 6
Horow/ The material is not there.
Kubby/ But even if there are traces there it is at a level that
would be deemed clean even if it were there in full
concentration.
Horow/ This is not a p.h. We have got to make a decision on this.
Kubby/But we are talking about a $7,000 decision. I think we need
to-
Gentry/ You can have public discussion. You should always have
discussion among yourselves.
Throg/ I would like to ask a specific question. We just got this
form. Trying to hurry through it. I heard David use the
expression 500 parts per million and I am looking at figures
on here that say 293 parts per million. But what I recall and
I am just trying to find out if I am correct, that the form we
received earlier as a part of the plat-the letter to Linda
Gentry from 11GE talked about 500-1 thought it said parts per
billion and I needed to check it out.
Horow/ Does someone have a question for Sue specifically.
Sue Scotti I had a question about the PCBs, I guess. I live at 722
Rundell Street and I am president of the Longfellow
Neighborhood Association. We are just wondering if based on
the information that Mr. poula what we assume those counts
were recently taken by 11GE and does that assume that the same
oil spilled in the 1950s and 1970s was the same oil that was
removed what could have been 40 years later in the 1990s and
if that is the case has the threshold for PCB contamination
changed in that span of time. The other thing that I wanted
to point out is I am not sure where the $7,000 figure that the
developer and his counsel and engineers have talked about. I,
again, contacted the State Hygienic Lab at Oakdale and they
told me the same thing the second phone call as they did the
first phone call and that ~1aS that they can test for PCB
contamination in soil for $150 per sample. They will not come
out and get the sample but they said that it is something that
they can give you directions on just exactly how to do it.
They can tell you where to take the samples, how to take the
samples. But the cost is not a $1,000 per sample. It is only
$150 per sample and they do that routinely at the Oakdale
Hygienic Lab facilities.
Kubby/ Thank you for that verification. So the levels that are in
this fax are ones that are currently used in the oil today.
NOV/ 1983 is the date on this if you go to the last two pages.
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#6i page 7
Throg/ I wonder if David could clarify on the report for us a
little bit. The last two pages indicate there were samples
taken three different dates in 1983. The first page is dated
1992.
Poula/ No, that is a summary sheet that they included. What it did
is they transcribed the bottom of the 83-84 data over to that
92 sheet. I did not edit the document. The reason for the
two pages of the CFR, the Code of federal Regulations, is
there is a verification on page 2 about three inches down on
the left hand column verifying the 500 parts per million also.
In terms of the oil, this is the same oil that was poured in
the day they put in the transformer as they took out. This is
my information from ~rr. Duffy. The oil was never changed. In
terms of the test being ten years old, I am not a chemist by
I am reliably informed that PCBs do not breed, multiply or
change. It is simply a molecule like a molecule of water and
so the PCBS would not change in a decade absent the addition
of more fluid or subtraction of fluid. There is not record
that any addition or subtraction occurred since 1970. And
this can be verified by council directly by IIGE people if
this is the question.
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Horow/ Any other questions.
Kubby/ I guess I would like to hear what people are thinking about
in terms of testing the soil now and in terms of the fill.
Throg/ One thing that I am thinking is this is a staff matter in
terms of reviewing this kind of detail for a particular
application. Turns out that we have in front of us right now.
I don't know that we should consider ourselves confident to
judge this.
Gentry/ IIGE could have made this a lot easier by bringing this
information forward three weeks ago when I asked for it.
Nov/ Yeah, there is no question about that.
Throg/ So you asked for it three weeks ago.
Gentry/ I did. I specifically asked for it. This very thing. I
said I want to see the inspection reports.
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Throg/ What would be the merit of deferring.
Kubby/ So staff could look at this and-
Gentry/ I would appreciate it, yes.
Kubby/ I feel uncomfortable about getting stuff at the moment and
trying to read it quickly while there are one thousand things
.
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#6i page 8
going through my head. Not very quiet.
Gentry/ No, I am uncomfortable.
Horow/ All right, there is a motion to approve the resolution on
the floor. Would the maker of the motion care to withdraw.
naomi, do you care to withdraw.
Nov/ I would withdraw or defer and-
Kubby/ Have to defer in either case.
Nov/ Let's withdraw first.
Horow/ Would the seconder care to withdraw your second.
Throg/ Okay.
Horow/ The maker of the motion and the seconder have withdrawn.
Chair would entertain a motion to defer this until May 10.
Moved by Kubby, seconded by Pigott to defer. Any Discussion.
Baker/ I sort of think this particular issue will be easily
resolved. It is the other issue that has been raised tonight
I would like to also have the staff look at, Sandy's letter.
It may resolvable as well in the next few weeks. I ma not
sure that we need to do something in addition to this but I
would like to have staff respond more formally to his
concerns. Or have you already done that.
Nov/ I think engineering staff should really look at it.
Baker/ It is not a legal question, it is an engineering question.
Franklin/ If you want the evaluation that Sandy has alluded to then
we need to go outside for that because we don't have the
computer program that does that analysis.
Baker/ No, I am not saying that is what I want. I am saying I want
you to respond to whether or not you think it is a good idea
or a legitimate concern.
b
Franklin/ okay.
Nov/ We may get a response from our engineering staff that says
that because of our ameliorating plan for Ralston Creek which
has been in affect for the past ten years we did not have any
problems during this 100 year flood or 500 year flood. Nobody
quite understands how serious our flood was this 1993.
Franklin/ okay, so you are interested in what the impact was in the
1993 event to houses on Rundell. If they had any problems.
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#6i page 9
Nov/ No, is that Rundell. Yes, that is Rundell, sorry.
Franklin/ And then you also would like a response to Sandy's
proposal about evaluating the impact of this fill and the
properties across the way. Correct.
Baker/ Yeah, to be quite honest my first response is I am not sure
that we need to do that but I would like the staff make me
feel comfortable.
Franklin/ okay, I just want to be clear on what you were after.
Horow/ Let's take a roll call on this. All those in favor signify
by saying aye (ayes).
Karr/ Motion to accept correspondence.
Horow/ Motion to accept correspondence by Kubby, seconded by
pigott. Discussion. All those in favor signify by saying aye
(ayes) .
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#6j page 1
Horow/ (#6j) Karin, it is my understanding that the P/Z April 21
this was deferred.
Franklin/ Yes, the Commission deferred this item awaiting further
council direction on how you want to go with this.
Horow/ Thank you.
Franklin/ You are welcome.
Horow/ okay. The p.h. is open. Anyone wishes to address this item
please come forward. Close the p.h.
F042694
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City of Iowa City
MEMORANDUM
DATE: April 26, 1994
TO: Mayor, City Council, General Public
FROM: City Clerk
RE: Additions to the Agenda for the regular Council meeting of 4/26/94.
4g(5)
,8
4g(6)
Memo from Marjorie Hayden Strait regarding the selection process
for the Iowa City Vision Committee selection process (Task Forces).
Consider an ordinance amending Section 36-20.5 CB-5 Zone and Section
36-58 Off-Street Parking. (1st consideration) ~ ~~
Letter from Robert Opplinger regarding alternative transportation
days (B-Bops).
,
4g(7) Letter from Ann M. Bovbjerg regarding the national conference of
the American Planning Association.
(C-
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Agenda
Iowa City City Council
Regular Council Meeting
April 26, 1994
Page 11
ITEM NO, 7 - . PUBLIC HEARING ON AN ORDINANCE AMENDING CHAPTER 32.1, IOWA
CITY CODE OF ORDINANCES, "TAXATION AND REVENUES" BY AMENDING
ARTICLE VI, ENTITLED "PARKING FACILITY IMPACT FEE ORDINANCE".
Comment: At its meeting of March 29, 1994, the City Council directed staff
to prepare an amendment to the parking facility impact fee ordinance requir-
ing new commercial development in the Near Souths ide Neighborhood to pay
a parking facility impact fee. The public hearing is continued from the April
12, 1994, Council meeting.
Action:
l0 ~./ 1f~AAt?~
ITEM NO, 8 - CONSIDER AN ORDINANCE AMENDING CHAPTER 32.1, IOWA CITY CODE
OF ORDINANCES, "TAXATION AND REVENUES," BY AMENDING ARTICLE
VI, ENTITLED "PARKING FACILITY IMPACT FEE ORDINANCE," (FIRST
CONSIDERATION)
Comment: See previous item.
Action:
~ /J1/J ~
ITEM NO.9- CONSIDER A RESOLUTION APPROVING THE NEAR SOUTHSIDE COMMER-
CIAL URBAN REVITALIZATION PLAN.
(
Comment: The Urban Revitalization Plan outlines the improvements which
qualify for property tax exemption in the proposed urban revitalization area.
The proposed urban revitalization area includes the area zoned Central Busi-
ness Support Zone, CB.5, located between Burlington and Court Streets.
This item is deferred from the April 12, 1994, Council meeting.
Action: /jtdfll?Yl-~~~ <
~ / ~A<>') firtt ~ ~
ITEM NO.1 0 - CONSIDER AN ORDINANCE DESIGNATING AN AREA OF THE CITY OF IOWA 'fJi,~
CITY, IOWA, AS AN URBAN REVITALIZATION AREA WHICH SHALL BE ~
KNOWN AS THE NEAR SOUTHSIDE COMMERCIAL URBAN REVITALIZATION JiaJ
AREA (Pass and adopt). (It<_ 7
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Comment: See previous comment. Adoption of this ordinance designating
the proposed urban revitalization area is required to implement the Urban
Revitalization Plan; therefore, final passage should occur only after the
Council's adoption of the Plan. This item is deferred from the April 12, 1994,
Council meeting.
Action:
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#9 page 1
Horow/ (#9) Moved by Nov, seconded by Lehman. Discussion.
Roll call-
Throg/ No discussion.
Baker/ I was going to say something for the next one. Do it on the
next one.
Gentry/ (Roll call)
Horow/ The motion fails, Horow, Nov, and Lehman voting yes.
F042694
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#10 page 1
Horow/ (#10) This is considered moot.
Gentry/ Yes it is.
Karr/ Could we have a motion to accept correspondence.
Horow/ Moved to accept correspondence by Kubby, seconded by Pigott.
Discussion. All those in favor signify by saying aye (ayes).
F042694
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ITEM NO. 13. CONSIDER A RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM
~ - 120 OF CONTRACT AND ESTIMATE OF COST FOR CONSTRUCTION OF THE
CIVIC CENTER WEST POLICE DEPARTMENT LOWER LEVEL REMODELING
PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY
EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR
BIDS AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS AT 10:30 A.M.
MAY 17, 1994.
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Agenda
Iowa City City Council
Regular Council Meeting
April 26, 1994
Page 12
ITEM NO.11 - CONSIDER A RESOLUTION SETTING A PUBLIC HEARING FOR MAY 10,
1994, ON AN AMENDED NEAR SOUTHSIDE COMMERCIAL URBAN REVI.
TALlZATION PLAN.
Comment: The City Council has directed staff to prepare an Amended Near
Souths ide Commercial Urban Revitalization Plan. The Amended Plan defines
new construction, limits the amount of residential uses allowed in qualified
real estate, establishes a design review procedure for qualified improvements,
and defines the area as only an "economic development" area (rather than
both an "economic development" area and "blighted" area).
Action: ~ !u dJ/~ K ~~
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ITEM NO. 12. PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND
ESTIMATE OF COST FOR CONSTRUCTION OF THE CIVIC CENTER WEST
POLICE DEPARTMENT LOWER LEVEL REMODELING PROJECT.
Comment: This project consists of the remodeling of the Police Department I
lower level to increase the size of both the men's and women's locker rooms,
provide larger more secure evidence storage area, and provide increased fresh
air ventilation and cooling capacity for the locker rooms and squad room,
The estimated cost of construction is $195,000.
Action:
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ITEM NO. 14 - ANNOUNCEMENT OF VACANCIES.
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a. Previously Announced Vacancies,
(11 Charter Review Commission - Nine vacancies for one-year terms
ending May 10, 1995. These appointments will be made at the
May 10, 1994, meeting of the City Council.
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Kubby/ #11 is moot as well.
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#12 page 1
Horow/ (#12) (Note: Comments during #12 regarding #11)
Gentry/Madam Mayor, may I interrupt. Now that I have- Marian and
I were talking about #10, that is moot. #11, I guess is moot only
to the extent that you don't have a plan to amend.
Kubby/ We don't have an area and we don't have a plan to amend.
Gentry/ You don't need an area.
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Gentry/ But you don't have a plan. I can give an opinion that item
#10 is moot by operation of law. I cannot give an opinion
that item #11 is moot by operation of law.
Kubby/ What do we need to do. Do we need to vote it down.
Gentry/ Either that or it dies of a second, lack there of.
Nov/ Well, there was no motion.
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Gentry/ No, Marian and I were talking about #10 and you went over
#11 before I realized it.
Nov/ There was no motion on #11. Could it be dead for lack of a
motion.
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Horow/ Okay.
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#13 page 1
Horowj (#13) Moved by Kubby, seconded by Nov. Any discussion.
Kubby j I had requested the Police Department that they take
pictures of the murals that are at the firing range. If you
haven't seen them you should go down and look at them because
an officer in the past had some real talent and they are greta
murals. It should be part of our record of city buildings.
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Chair is going to take a five minute break.
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Agenda
Iowa City City Council
Regular Council Meeting
April 26, 1994
Page 13
(21 Committee on Community Needs - One vacancy for a three-year
term ending July 1, 1997. (Andy Penziner's term ends.)
(3) Design Review Committee - Three vacancies for three-year terms
ending July 1, 1997. (Terms of Craig Welt, Don Sinek and Gilda
Six end.)
These appointments will be made at the May 24 meeting of the City
Council.
ITEM NO, 15 - CITY COUNCIL INFORMATION.
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ITEM NO. 16 - REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY.
City Manager. €)
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ITEM NO. 17 - RECOMMENDATIONS OF BOARDS AND COMMISSIONS.
a. Consider a recommendation of the Board of Adjustment that the City
Council favorably consider the concept of amending the Zoning Ordi-
nance to permit minor modifications to the ordinance to occur adminis-
tratively,
Comment: The Planning and Zoning Commission will be considering
this matter in the near future, No action is required of the City Council
at this time.
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Horow/ (#15) city council Information
Kubby / Two things. One is after the situation off of Lakeside
where there was an isolated parcel that people kind of
interpreted as open space and it was really zoned kind of high
density. There was some conflict between the developer when
the infill development was to take place. There was a
suggestion after that that we look at other infill areas to
see what the zoning is and to see if we want that zoning to be
maintained and if we want to change some zoning to do so
before a specific application comes in. And we have really
never done any follow up on that. And I found it on a piece
of paper on my desk and thought that we had better look at
that before other applications come in. I don't know how big
of a deal that is to do, how many infill parcels there are
that are individual parcels-
Horow/ Karin Franklin could you please come to the mic.
Kubby/ I am suggesting that we look at the zoning map and see where
there are some infill parcels in already developed
neighborhoods and sections of town to see if we like what the
current zoning is. So that if we want to change them we can
do so before specific application comes in.
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Franklin/ Okay.
Kubby / Is that a big deal to do-to make a list of parcels,
locations and current zoning.
Franklin/ When do you want it by.
Atkins/ We did that infill when we were looking for sites,
remember. We looked around town.
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have got a couple of inventories. One, a city owned property
and one is vacant lots for s.f.
Kubby / Where this came from, I will say it again, it is that
property near Lakeside Apartment that was rezoned. So that we
can double check before an application can come in that we
like our current infill parcels zoning.
NOV/ But it was something that had not been rezoned. It just it
had built-
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Franklin/ That is the point is that should we be looking at zonings
in some of those areas. I think probably we know a lot of them
just off the top of our heads.
Kubby/ So, in the next month could we get a list.
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Franklin/ So these would be vacant infill parcels and what their
zoning is and the surrounding zoning.
Nov/ I don't think it would be too much to just hand us a list. I
think you would have to give us an evaluation. Here is this
spot and here is the zone, you do or do not think it is
appropriate.
Franklin/ That is a bigger project.
Horow/ This is getting to be a bigger project here, folks.
Kubby/ No, I think a list is okay because if I interested in this,
I can take the list and I get look at the zoning map and I can
see where the parcel is and what is zoned around it. I can do
that work on my own and each of us if we are interested.
Franklin/ We will give you a list and give you a map that shows
you-or put a map up in the conference room that shows you
where they are and then you can either look at them yourselves
in the field or look at them on the map. However you wish to
and decide to go further with it.
Horow/ Are four people wanting to do this.
Baker/ Again, how big of a hassle is it. I was going to say
something but as soon as I said it, it was going to complicate
the issue and make your life living hell.
Horow/ We have got four people interested in doing specifically
just the-
Franklin/ We are a little tight right now. We have got the
visioning project, staff changes. We will make a goof faith
effort to get it done.
Nov/ Karen, would you be agreeable to saying this is okay in July
after the visioning process.
Kubby/ That would be fine.
Franklin/ Okay.
Kubby/ Is isn't an immediate thing but the more we put it off it
can become immediate.
My other thing is about the way that our parking ticket
escalation program is working. And I frankly don't have a
problem with escalating the tickets. What I have had some
calls about is that say you had ticket #1, when you get ticket
#2 and you pay and you didn't pay ticket #1 so it escalated.
But you did pay ticket #2 on time and you put it in the
envelope and everything. They take the money from ticket #2
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which was not escalated and put it against ticket #1 so then
ticket #2 escalates when you have had good faith effort paying
#2 and I don't think that is fair. I think you should be able
to designate which ticket your money has been paid for.
Because I talked to Don and Don wants to keep it the way it
is. I have talked to him about this. And I want to let people
designate what ticket their money is being paid for.
Pigott/ Is there a simple way to do that.
Gentry/ They all have numbers on them.
KUbby/ Put the ticket number on your check or put it together with
the ticket-
Horow/ Why don't you just pay the first ticket if they are
numbered. Pay the first ticket that you have got.
Kubby/ If your tickets are up to $15 and you only have $5 and you
want to make sure that second ticket doesn't escalate you pay
the $5 for the ticket to not escalate and then you end up with
a $10 fine that is due instead of having a $15 balance due.
That is why.
Horow/ Frankly, I would have borrowed the money and gotten rid of
the escalating problem.
Kubby/ you are lucky that you are in a situation that you have
friends that you can borrow money from and pay them back.
Nov/ It isn't just that. There was also a problem where someone
did not know they had a ticket. Some cute kid took the ticket
off the windshield and then they were billed for the escalated
ticket they hadn't paid, if they had known they would have
paid. So this is a complex issue, they is no question about
it. Can we get a staff opinion on why and how this works.
Please.
Throg/ I certainly have received several complaints as well about
the process. I don't know that I agree with Karen's solution,
it seems like it might be worth looking at.
Atkins/ I will prepare something.
Nov/ I will remind everybody that the last Legislative Forum is
this saturday morning at 9:30 at the Iowa City Public Library.
If you want to go pester your state legislators about why they
voted this way or that or just find out, it is a good time to
do it.
Throg/ I would like to tell you about a new book I just received
and it is really hot off the press. It is a book by Randall
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Arant and others called Rural bv Desiqn and it is a
comprehensive look at traditional design of small towns and
the affect of contemporary zoning codes on those small towns.
And it is about the affect contemporary zoning codes have had
on small towns. So it also contains a large number of case
studies about efforts to contain suburban sprawl. So, those
efforts which are documented at length in this book, it is
really a very interesting book, seek to preserve the quality
of agricultural land. They seek to preserve natural areas.
They seek to preserve the character of existing towns and to
build new neighborhoods rather than formless developments that
lack a sense of community and a sense of place. I know Karin
probably knows about it because it is in the back of Planning
magazine this month, right. But I encourage you to take a
look at it. Also I would encourage people to watch it on t.v.
who are interested in this issue. Take a look at it.
Kubby/ Is it readable for lay people.
Throg/ It is readable. It is also pretty long. I don't want to
make it sound as if it is a breeze to go through. It is about
500 pages.
Horow/ Small print, too.
Throg/ It is small print but it is a really nice resource that is
full of case studies of other cities and other towns around
the country who are comparable in size and character to Iowa
city and surrounding communities of Iowa city. It addresses
the kind of thing that you and I have talked about before.
Pigott/ What book store.
Horow/ wait a minute...
Pigott/ A couple of things. I was reminded by an article in the
newspaper last week about the issue of bicycles and that
reminded me of an item that we had that Steve, you presented
a special meeting discussion item. One of them is d.t. bike
racks. I am wondering whether we need a special meeting to
discuss that or whether we can put that on an informal work
session agenda because I just got the sense in discussions
that there could be a majority of people in favor of
additional bike racks and purchasing bike lockers and whether
we cold or would we as a council be willing to talk about that
in an informal session instead of using that special meeting
and in the next, say, month.
Atkins/ It is really a matter of scheduling. We have thee map
drawn that shows all the locations and numbers of bike racks
d.t. We have a brochure that indicates what bike lockers cost
and quite frankly, we are just kind of sitting on the
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information to find a convenient time to get it on an agenda
so we can talk about it. We are scheduled for the 19th for
solid waste. This I don't think is a particularly long winded
issue. We could add it.
Throg/ Why don't we do it at the next work session.
Kubby/ There is a lot of controversy about other bike issues like
should be bicyclists be in bike lanes or on wide sidewalks.
be a question
Certainly a
Horow/ But couldn't that be addressed-why not that
raised through the visioning process.
transportation element of it.
Kubby / In terms of a policy that we encourage bike lanes or
encourage-
Horow/ I hate for us to spend time on this when we have got this
group already formed.
Kubby/ I guess it would go to the transportation. Maybe we could
just make a suggestion that we would like some kind of
discussion on the topic. I like that.
Throg/ That concerns bike lanes, right.
Kubby/ Right, not the locker.
Atkins/ This goes through cycles. A number of years ago we
had bike lanes and then let's get rid of the bike lanes.
Now, the interest I think is beginning to push the other
direction.
Horow/ What is council's desire about bike racks and bike lockers.
Kubby/ Informal is fine.
Horow/ Okay.
Pigott/ Second thing is given the speed with which we decided the
Near South Side Urban Commercial Revitalization Zone issue
tonight I just thought maybe I could add a few words about the
vote and not open up a pandora's box. Just to say a couple of
things about the way I think the process went and there will
be inevitably a lot of discussion about this issue because it
has been at the forward for the past several months or it was
before us and I just want to say a couple of things. One
thing was that often times we had heard in discussions or
through things that councilors that weren't immediately
supporting the project were obstructionists or were seeking to
stop growth. Words of those sorts. Rhetorical flourishes were
out in debate. And I wanted to say that I thought members of
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the council that I worked with on this issue really worked
very hard to come to some sort of compromise on the issue
where at first at least it seemed to be one of those
inevitably divisive issues where we would be split 4-3 in a
way that was along the traditional notions that people paint
about a liberal/conservative council. And I don't think it
was fair nor do I think it is one of those things that
actually did happen and I just wanted to say that I thought
that all of the councilors really made an effort to
compromise. Larry Baker, Jim Throg and myself, Karen,
everyone here I think made an effort to work at coming to an
agreement. Because we voted this down I would also like to
say didn't-doesn't mean that we don't appreciate Freida's
willingness to put up a structure in d.t. Iowa city. I hope
she goes forward and does it without a tax abatement. And
furthermore, the final thing I want to say about this is that
it is important for us to go ahead and consider the Near South
Side and our vision for the future anyway. I hope that
because we voted this down 4-3 tonight doesn't preclude us
from working together as a council to make this area a real
place where all of us can enjoy the diverse of mixes of use
that we aim to accomplish and perhaps this effort at it didn't
work but another one down the road will. I look forward to
working with everyone to see that happen.
KUbby/ Nicely said, thanks.
Nov/ Either we have to emphasize that all of us did give this
careful serious consideration and in spite what may have
appeared in the paper we do not have problems working
together.
Baker/ Yeah, I would like to follow up on something Bruno just
talked about. I got two minor issues. I want to make it
clear that indeed the council-this is the most diverse council
I think we have had in the last ten years or maybe even longer
in Iowa city and it is going to require a lot of work on
everybody's part to come together on these things. We are
going to have to build up a level of trust from all sorts of
sides and I think it is important therefore that we don't just
simply drop the issue because we couldn't reach agreement at
this time. We should, Karin is going to come back to us very
shortly with a proposal to hire an outside consultant or
whatever to look at this area in general and he or she can
look at this south of Court street, south of Burlington.
Nov/ When does that happen.
Kubby/ She will come to us to say whether we need to do that or
not.
Baker/ We talked about this.
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Horow/ We have not taken a vote on that to direct staff to do that.
Kubby/ We did direct staff to look at what it would take to do the
planning and one of the things that Karen said could possibly
come from that is a proposal to go-
Horow/ That was before this was defeated.
Baker/ Absolutely. My point is we shouldn't let it drop just
because it got defeated.
Horow/ Now this has to be re-brought- But she has no direction
right now.
Kubby/ I would look at it the other way that direction would have
to be to stop that direction. Nothing has changed about our
need or our desire to re-Iook at the South Side because it was
voted down.
Horow/ Karen, we just got through taking those votes and there was
no request from any member of council to propose an
alternative. As far as the public goes-
KUbby/ Just because the CB-5 discussion is dead in that direction
doesn't negate the direction that we gave to staff about the
whole 20 block area. And I would say that we don't need
direction to have them to give them the same direction again
but if people don't want to do that then you need to see if
you have four votes to negate that direction.
Baker/ I am assuming there are still a majority of council that
wanted to work on the South Side area. We couldn't agree to
the terms of this particular proposal. It doesn't mean that
we don't see the need to do something down there and we need
to keep working at that.
Horow/ I think that is a very realistic picture. Everybody has
suggested this. Ernie certainly has come up with what I think
is a reasonable compromise suggestion but that has not been
placed on the table yet and until such a motion is made we
essentially are in a holding pattern. Staff has no direction
for us to do something. True.
Franklin/ Could I suggest that we do come back to you with
something which identifies the issues that we see that you are
facing in the Near South Side and suggest to you some kind of
strategy in reaching a consensus on how we are going to
proceed with setting a direction for the area because I think
it is unclear in the pUblic's mind as to what it is we want to
have happen. It will take some time to sit back reflect on
this. It won't come to you next meeting but the last one in
May.
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Horow/ I think that is very reasonable.
Kubby/ Isn't that our previous direction to staff was just that,
wasn't it.
Baker/ The previous direction to staff was specific to that area
south of Court. What I think that we need to now, since we
have not done anything with the area Burlington to Curt, that
has got to become part of the -
Franklin/ The previous direction is to look at a design plan for
the area south of Court street and also-well, it was going to
include from Burlington to court, too, in terms of any kind of
public amenities. The ideas that Jim and Bruno brought forth
and how we would actually crystalize that into something that
people could see. I think given that your efforts so far
haven't come to anything tangible, that what we need to do is
identify what the issues are out there now so that we can all
agree on what those are and what steps we are going to take
then which the design plan is one component of it.
Kubby / And I think it is really important for the public to
remember we have already done things south of Burlington. We
have got a plan. We have changed the zoning. We are talking
about parking structures. We are talking about streetscape
plans. It is not like we have no vision for south of
Burlington. That is incorrect.
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Throg/ I would very much support the way you phased that Karin.
particularly with regard to trying to incorporate the kinds of
suggestions that we have talked about several weeks ago with
regard to the design plan. I think there is a clear majority,
probably a strong majority on the council to do something on
the south side and that we have struggled to be clear about
what it would be and we have not been able to do that thus
far. But I think we want to. So, coming back to us with some
suggestions about how to clarify some of those issues, how to
resolve some of them would be a very helpful thing to do.
Baker/ My point was not to step back indefinitely but to keep it in
very near focus. I didn't want the public to think that we
were just walking away from this whole concept and weren't
going to do anything because I think it is very likely that we
will do something down there dramatically we hope. That was
the big item. Two smaller specific items. Two weeks ago, a
month ago, we raised the issue of increases in the
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Baker/ Let's start getting some money to pay for another ramp. The
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#15 page 9
other thing is an update for the rest of council. We had
talked in January about moving informal meetings around to
various locating and groups of people. One of the groups that
I talked about was student involvement. I have talked to the
president of the student body-the new one, Lowman. I talked
to him and he was very interested in the idea of having us
sometime in the future work with student government for an
informal meeting. I suggested that he has got to get his
group on the ground working. The summer is a bad time to do
this but Marian has sent them schedule of our meetings up
through the fall and I told John, you pick a date that is
convenient to you on one of our regular dates and give us
plenty of time to work out the details and get back with us
sometime this summer and we will try to get together sometime
this fall. That is in the works. And that was all I have.
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Horow/ I would like to remind people about project Green, May 7,
from 9-11, Carver Hawkeye Arena. On May 7 also is Ralston
Creek Clean Up Activity and out at Sycamore Mall Safe Kids
Project-they are gathering around at Sycamore Mall for Safe
Kid. I also once again would like to ask out public, your
relatives, your friends, anybody. This is construction season
around Iowa city. There will be detours. People are going
way to fast on side streets that are not constructed for the
speeds that is currently taking place right now. Please folks,
slow down. You are in somebody's neighborhood and there have
already been some accidents around some of the construction
sites. Please start out earlier, don't speed.
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#16a page 1
Horow/ (#16a) city Manager.
Atkins/ One item. I placed in front of you a copy of the lawn
treatment-Keep Off The Lawn- city sponsored sign and those
will be distributed to most of the locations that sell yard
waste bags. Those are free of charge. We would prefer that
you take one or two tops. Those are permanent. They have the
laminate on the outside and we have sticks to go with them and
those will be available to really anyone who is interested in
them.
Horow/ I would like to request that you take one to our former
mayor who suggested the black and yellow color. I think
Darrel needs this.
NOV/ The Darrel courtney Memorial Lawn Sign.
Atkins/ Susan, I think that is referred to as black and gold.
Horow/ Well, that is close enough.
Gentry/ I wanted hot pink.
Horow/ Anything else.
Atkins/ That is it.
F042694
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Horow/ (#16b) city Attorney, Ms. Gentry.
Gentry/ council member Baker wants to use some of my time. I defer
to him.
Baker/ I had to ask her for permission. I did want to point out to
all of you that pursuant to something Karen raised last night
at the informal meeting. I actually did walk to the council
meeting tonight from my home and I consider that my
contribution to the BBOP thing next week. Of course I had a
Milky Way and a Dr. Pepper when I got here but I did make the
effort.
Nov/ You have to do it again on May B.
Kubby/ Or we are going to lose that extra cash award we get.
Nov/ You don't have to walk, you can car pool.
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Gentry/I have an announcement to make, two announcements. Some of
you know Kim Hill, some of you know Kim Hill quite well. He
has been working with us doing magistrate court and property
acquisition and we have only been able to hire him hourly and
he is leaving for Pennsylvania and going to take the
Pennsylvania bar May 13. We are going to be doing something
informal with him but you might want to stop down and say
goodbye and good luck. Marsha Borman, her last day will be
June 17. We will be having a more formal welcome to our two
new attorneys and goodbye to Marsha probably June 6 but we
will get an announcement out and I know you want to say
farewell to Marsha. We are really sorry to see both Kim and
Marsha leave but everyone goes on and does additional
opportunities and exciting things. I also want to announce my
employment decisions for the two new attorneys. One new
attorney and the replacement for Marsha. Sara who is
practicing now in Cedar Rapids will be joining us late May and
Tom Herbert who is going to take the bar soon and will be
joining us in late June. And they are both very bright,
energetic, enthusiastic attorneys. I am sad to see the other
attorneys to go but I am looking forward to the two new
attorneys coming and having some overlap time. Thanks.
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pigott/ Sue, I am sorry. I noticed this awhile ago and I am remiss
about not bringing it up during my time. But I did notice a
memo from Dale Helling on ADA and the efforts that his office
is making in that regard in setting up a meeting to get this
thing going. And i did want to thank you, Dale, for the memo
and it is good to see that we are proceeding.
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#16b page 2
Novl While we are at it we can thank Linda Gentry for her memo on
it, too.
F042694
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Agenda
Iowa City City Council
Regular Council Meeting
April 26, 1994
Page 14
ITEM NO. 18. CONSIDER A MOTION TO APPROVE THE FORM OF TAX EXEMPTION CER.
TIFICATE AND TO PLACE ON FILE WITH THE CITY CLERK.
Comment: This Tax Exemption Certificate is included as part of the
$7,370,000 general obligation bond issue. (See Item No. 19.)
Action:
ITEM NO. 19. CONSIDER A "RESOLUTION AM NDING 'RESOLUTION AUTHORIZING AND
qLt-~ /2.1 PROVIDING FOR THE ISSUANCE OF $7,370,000 GENERAL OBLIGATION
BONDS AND LEVYING A TAX TO PAY SAID BONDS' PASSED AND AP-
PROVED MARCH 29, 1994."
Comment: This resolution amends Resolution 94.84 approved on March 29,
1994, by the City Council and provides final authorization for the issuance
of the $7,370,000 general obligation bonds and levying a tax to pay said
bonds.
Action:
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ITEM NO. 20 - CONSIDER A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK
....31 ~ I z.z.. TO EXECUTE AN AGREEMENT WITH SHIVE-HATTERY ENGINEERS AND
ARCHITECTS OF IOWA CITY, IOWA FOR CONSTRUCTION ADMINISTRA.
TION AND INSPECTION SERVICES.
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Comment: This agreement provides for the construction administration and
inspection phase of engineering services for the Rohret Road Pedestrian
Overpasses at a cost of $35,000. Construction is scheduled for 1994 and
1995.
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#18 page 1
Horow/ (#18) Moved by Throg, seconded by Pigott. Discussion.
Kubby/ Why on the next item do we need to amend it when we just
passed it last week-last meeting.
Don Yucuis/ The resolution that was adopted on March 29 was a
preliminary resolution that did not have specific bond sale
bid date information in there. So this formalizes everything
that occurred last meeting when we awarded the bids.
Horow/ But we are now on item #18. There is a motion on the floor.
Any further discussion. All those in favor signify by saying
aye (ayes).
F042694
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Agenda
Iowa City City Council
Regular Council Meeting
April 26, 1994
Page 15
ITEM NO. 21 - CONSIDER A RESOLUTION AUTHORIZING THE FILING OF A COMMUNITY
'14 - 123 DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM STATEMENT FOR 1994
UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 AS
AMENDED, INCLUDING ALL UNDERSTANDINGS AND ASSURANCES CON.
T AINED THEREIN AND DESIGNATING THE CITY MANAGER AS THE AUTHO-
RIZED CHIEF EXECUTIVE OFFICER FOR THE GRANT.
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Comment: The City Council held a public hearing on the proposed Program
Statement on April 12, 1994, and considered citizen comments on the
Community Development Block Grant (CDBGI funding allocation for 1994.
Passage of the resolution will permit filing of the Program Statement and
Budget with the Department of Housing and Urban Development (HUD). Of
the $1,130,000 estimated CDBG funds available in 1994, $945,210 are
.
direct project based costs, 100% of which benefit low-moderate income
per~ons. !~~~~~
Action: ft. aM %
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ITEM NO. 22- CONSIDER A RESOLUTION AUTHORIZING THE FILING OF A HOME INVEST-
J l Lf MENT PARTNERSHIP (HOME) PROGRAM DESCRIPTION FOR 1994 UNDER
TITLE II OF THE NATIONAL AFFORDABLE HOUSING ACT OF 1990 AS
AMENDED, INCLUDING ALL UNDERSTANDINGS AND ASSURANCES CON-
TAINED THEREIN AND DESIGNATING THE CITY MANAGERS AS THE AU-
THORI~ED CHIEF EXECUTIVE OFFICER FOR THE GRANTS.
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ITEM NO. 23 - CONSIDER A RESOLUTION CERTIFYING UNPAID SANITARY SEWER SER-
VICE UTILITY CHARGES TO JOHNSON COUNTY FOR COLLECTION IN THE
SAME MANNER AS A PROPERTY TAX,
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Comment: Iowa Code Section 384.84 provides that the City Council may
certify unpaid charges for services of the sewer system to Johnson County
for collection in the same manner as a property tax. Charges for unpaid
sewer services for properties located at 2120 South Riverside Drive and
2126 South Riverside Drive are presented to the Council. The Property
Owner has received notice of the date and time this matter will be considered
by the Council.
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#21 page 1
Horow/ (#21) Moved by Kubby, seconded by Pigott. Discussion.
Kubby/ I just wanted to make a few comments about two projects that
CCN did not recommend for funding that I hope will come back
in the future and one of them is Independent Living and I
really understand your train of thought that when they are
doing their CIL, Center for Independent Living, that it is a
lot to take on another whole new chunk of responsibilities.
And the other is the Longfellow Neighborhood and I hope that
the Longfellow Neighborhood can figure out a way to deal with
confidentiality for low to mod income residents in the
neighborhood and get that sidewalk project going and maybe it
is something that the city can help figure out as part of
another bigger Public Works project, too. This was a really
difficult year to be making recommendations and thanks for
sitting here for so long as well as the person from for
waiting us out.
Horow/ Any further discussion.
Roll call- (yes)
Karr/ Madam Mayor, could we accept correspondence.
Horow/ Moved by Pigott, seconded by Throg to accept correspondence.
Discussion. All those in favor signify by saying aye. (Ayes)
Kubby/ Sue, what is the time frame for the task force that is
looking at the Adult Day Program.
Horow/ The end of April for the short-we are meeting tomorrow from
one to four and we hope to at least get a short term response
on this by the end of April but we are honest to say that we
might slide a week. It would be no later than the first week
in May.
Kubby/ Thank you.
F042694
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City of Iowa City
MEMORANDUM
TO: Lorraine Saeger, Administrative Assistant
FROM: Steven Nasby, Associate Plann~
DATE: April 11, 1994
RE: Item for the April 26, 1994, Council Meeting
ITEM NO.~J..-
RESOLUTION AUTHORIZING THE FILING OF A HOME
INVESTMENT PARTNERSHIPS (HOME) PROGRAM DESCRIPTION .
FOR 1994 UNDER TITLE II OF THE NATIONAL AFFORDABLE,
HOUSING ACT OF 1990 AS AMENDED, INCLUDING ALL
UNDERSTANDINGS AND ASSURANCES CONTAINED THEREIN
AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED
CHIEF EXECUTIVE OFFICER FOR THE GRANT.
Comment: The City Council held a Public Hearing on the
proposed HOME Program Description on April 12, 1994, and
considered citizen comments on the HOME Investment
Partnerships program (HOME) funding allocations for 1994.
Passage of this resolution will permit filing of the Program
Description and Budget with the Department of Housing and
Urban Development (HUD).
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#23 page 1
Horow/ (#23) Moved by Kubby, seconded by Throg to defer this until
May 10. Discussion. All those in favor signify by saying aye
(ayes. )
Kubby/ I would like you to note that the reason we are deferring
this is not that we need more information but that a citizen
who feels very strongly we are accommodating that desire for
them to discuss things with our office.
Horow/ okay.
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Agenda
Iowa City City Council
Regular Council Meeting
April 26, 1994
Page 16
ITEM NO. 24 - CONSIDER A RESOLUTION AUTHORIZING ABANDONED BICYCLE SALE TO
9J.j-- 12.5 BE HELD ON MAY 14, 1994.
Comment: This resolution authorizes the Police Department to auction
recovered bicycles which the Department has not been able to return to the
rightful owners. The Police Department generally has one or two such
auctions per year. The auction will be held in the Chauncey Swan Parking
Lot area.
Action:
(/%
ITEM NO. 25 - CONSIDER A RESOLUTION STABLlSHING FEES FOR SERVICES AND AC-
TIVITIES OF THE IOWA CITY HOUSING INSPECTION SERVICES DIVISION:
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Comment: The proposed fee schedule represents a change ,in method for
assessing Rental Permit fees. The fee schedule is designed to finance the
cost of one additional full-time Housing Inspector. The proposal assesses
fees on the basis of the number of bedrooms per rental structure. Fees for
rooming units, one-bedroom, and efficiency dwelling units remain unchanged.
The proposal also changes the frequency of inspections for single-family
rental structures from every four years to three years. The last fee increase
was January ,1, 19~
Action: ~~{ (lfftp! CfflJJf./JplfY/rLMtb- aLf ~
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ITEM NO. 26 - CONSIDER A RESOLUTION ESTABLlS NG FEES FOR SERVICES AND AC-
'/.L/ _I z..!O \TIVITIES OF THE BUILDING INSPECTI N DIVISION) IlA ~.
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Comment: The proposed fee schedule represents an overall increase in fees
in order to finance an additional staff member, The minimum fee for any
permit will increase from $15.00 to $25.00. Plumbing and electrical fees
have been simplified in response to contractors' requests and additional fees
have been added for site plan review and the processing of bills for snow and
weed removal. Total fees for a $105,000 single-family dwelling will remain
below those charged by Coralville or Cedar Rapids, The last ,fees increase
was January 1, 1986.
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#24 page 1
Horow/ (#24) Moved by Nov, seconded by Pigott. Any discussion.
Kubby/ If anyone has a bicycle that was stolen you had better get
to the Police Department 0 look to see if your bike is in our
storage area before the auction. And there are lots of bikes
to look at. And you will need to really sow that it is your
bike.
Nov/ And it is a good idea to have a license for your bike so then
you can show this one is yours.
Kubby/ Or have your serial number.
Horow/ Roll call- (Yes).
F042694
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Horowl (#25) We have been asked to defer this for two weeks. This
is a resolution establishing fees for services, activities in
the Iowa city HIS Division.
Moved by Kubby, seconded by Nov.
KubbYI My previous comment was really for this item. Sorry.
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Horowl Motion. All those in favor signify by saying aye (ayes).
Karr/ Motion to accept correspondence on this.
Horowl Moved by Pigott, seconded by Baker to accept correspondence.
And Discussion. All those in favor signify by saying aye
(ayes) .
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Horowl (#26) Moved by Kubby, seconded by Nov. Discussion.
Novl Yes, I have some discussion. First of all the idea of waiting
this long to increase fees is something unheard of. We really
should set a policy of reviewing Building and Housing
Inspection fees in more frequent basis. Also we have a fee in
here for a permit issued subsequent to the commencement of
demolition work for historic building or a building within a
HP District. I would like us to amend that to say any
principle building within a HP District so that we will
include houses but we will not include gazebos or etc. that
might be in the back yard. Is this acceptable.
Horowl Since I was the originator of the original amendment to this
particular thing it is perfectly acceptable to me.
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Kubby I Some of the accessory buildings would be considered a
carriage house which is something that might be very valuable
in a historic sense that would be just as important to have it
be because of the principle of it as the principle building.
Nov I Well, this is a fee for only those who have started their
demolition without having a permit. So it is more like a fine
then a fee. And if the person who came for this permit knew
that they were in a historic district-they would find out from
the Building Department, they would go to the HP and then they
might still be allowed to demolish it because of its condition
or whatever valid reason. So we are not going to literally
prevent this but at least we will give people a deterrent by
giving them an incentive to not start before they have a
permit.
Kubbyl And that incentive is true whether it is a principle
building or an accessory building.
Nov/ Yeah, but a permit issued subsequent to starting demolition in
other place is $200. This is a $1000 and I just don't think
that that is a viable fee for something other than a principle
building. I think a gazebo or shed or something like that may
need a demolition permit but if some homeowner decided to do
that and is unaware that they needed a demolition permit we
are not dealing with the kind of person who really wanted to
take down a house and put up an apartment building. The motive
here is different.
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a new district or a current district is a historic district we
make sure people understand what the rules are.
Horow/ I think they do but certainly the information the HP
F042694
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commission sends around includes this information. Do you
wish to extract this particular item and have it sent to HP
Commission for a resolution of this.
Novl I talked to the chair of HP and he had no problem with this
and he predicted that if it went to that commission they would
also have no problem with this. And this is an administrative
change, not a ordinance change.
Throgj If I am following this correctly and I may not be-what I am
wondering is if the word building is defined anywhere in our
ordinances. If it is defined already it might already address
that.
Kubbyl The difference is between principle and accessory building.
Gentry I That would make a difference if you insert principle
because Karen is right, a carriage house would be deemed an
accessory use because it is a garage.
Novl An historic building is not in the current ordinance at this
time.
Horowj Excuse me but there are carriage houses in the north end
that are livable. They are not considered accessory.
GentrYI I don't know. Doug would have to look at that on a case by
case basis.
Ron Boose is here. He might be able to answer.
KubbYI So when you have a house, let's say Woodlawn. Some house on
Woodlawn has a carriage house that has been converted to an
apartment. Is that considered an accessory and I don't know
if the answer to that question makes any difference to my
argument but-
Ron Boosel It would be considered an accessory building even if it
were an apartment. The principle structure would be the main
structure on the lot. So it were a carriage house with an
apartment above a garage, it would still be considered an
accessory structure.
Throgl We don't want to encourage knocking down those kind of
structures.
Novl Yeah but I also don't want to encourage a $1000 fine for
somebody who took down an old shed and didn't realize he
needed a demolition permit. That there has to be something in
between here.
F042694
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#26 page 3
Throg/ By inserting the word inhabitable or inhabited.
Nov/ Well, a dwelling unit or something like that would be
acceptable I suppose. I don't know if it fits any definition
in the ordinance though. Does it.
Boose/ Sounds like from your intent the word habitable structure
would follow or fit the intent that I am hearing. If it were
a carriage house that were strictly a garage though with
nothing above it-
Kubby/ No, because if your intent is to make sure that people go
through the process it doesn't matter what the use of that
building is whether it is a principle, accessory or habitable
or not.
Horow/ The intent of HP Commission, the district, is to maintain
the integrity of that particular district through the height
of the house of the lines. I am not sure habitable is what you
want either because I can remember talking about a barn that
was almost about to be torn down and it was and there was a
human cry over that. That is an interesting-
Baker/ I would suggest that we go ahead and pass this as is and
refer this particular question back to somebody and we can add
that provision later with some clearer rationale and
everything.
Gentry/You need to amend this to delete it. ah ,it is not in
there.
Nov/ My amendment was to add a word, not delete.
Horow/ Let's act on the resolution as is.
Nov/ No, I have one more discussion. I think our proposed fee for
a major site plan review is ridiculously low. When we had
LSRD type reviews we had a fee of $490. Granted this took a
lot more staff time and it had to go to P/Z and it had to go
to council but I still think $75 does not reflect the amount
of staff time that a major site plan review entails and I
think for the purposes of discussion I would like to propose
$175 for the fee.
Kubby/ I agree with your point. I have no idea what the fee amount
should be.
Nov/ It is an arbitrary number. Put a one in front of it is my
choice.
F042694
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Lehman/ It should have some relevancy to the amount of work it
takes. These fees were prepared by staff. Is $75 enough.
Nov/ On the basis of some of the other fees such a $30 an hour,no,
it isn't enough.
Boose/ It is probably low. We have not, or since the enactment of
he site plan review and it is about a year and a half ago, it
authorized a fee for that service and we never passed a
resolution to collect on it. So we haven't been collecting
any fee. There is a fair amount of staff time involved with
several different divisions. Since we are going from zero to
anything I guess we took a conservative view but I think there
is definitely justification for a higher fee. Some of these
site plans do involve a fair amount of staff.
Baker/ What kind of time are we talking about because the item
right before this, minimum hourly $30 per hour. How many hour
does it take to do one of these things.
Boose/ For the item before that the review of grading plans, $30
per hour, that would be done by one engineer in the
Engineering Department and he would forward his time to us and
we would collect it. For a major site plan review you have
staff involved from our division, Building Inspection
Division, Planning Department, Fire Department, Public Works
Department and in some cases the city Attorney's Office and in
some cases Parks and Rec depending upon the location of the
site. Some of them are well prepared and don't take that much
time and others, depending upon the number of deficiencies,
can take quite a bit of time and quite a few meetings.
pigott/ Maybe this is an issue like the last one.
Baker/ let's bump it up here. We are below Coralville and Cedar
Rapids, we can't let that happen. $175 as a minimum, that is
a fine figure.
NOV/ okay, I have a second on that figure.
Horow/ Great. There is an amendment on the floor to increase this
to $175. Any further discussion. All right. All those in
favor signify by saying aye (ayes). back to the main motion
unless you have anything else. We are considering a
resolution establishing the fees. Roll call- (Yes).
F042694
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Agenda
Iowa City City Council
Regular Council Meeting
April 26, 1994
Page 17
ITEM NO. 27 - CONSIDER A RESOLUTION AUTHORIZING APPLICATION FOR 20 UNITS OF
91- /2. 7 SECTION 8 SET ASIDE VOUCHERS FOR HOMELESS DISABLED PERSONS TO
THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
Comment: This is a special application for funding reserved by the homeless.
HUD requires a guarantee of a match equal to the award. The Iowa City
Housing Authority and ICARE are cooperating in this match and application.
Action:
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ITEM NO. 28 - ADJOURNMENT.
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Didn't we just set a public hearing for May lOth on this one the last time
we met? Wasn't it on the April agenda to set a hearing for May lOth and
are we suppose to authorize the application before we have the hearing?
You can. We have an opinion from the Attorney General that permits us
to do that remember we had the problem about a year and a half ago that
you asked for an opinion because the federal person in Des Moines thought
you had to have a hearing and then apply and we asked for an opinion and
the AGsaid you can apply first and then have the hearing.
But not to accept them" "just to apply.
Yes, correct.
Marian do you have anything else? Roll call.
Throg. All ayes
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City of Iowa City
MEMORANDUM
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DATE: April 22, 1994
TO: City Council
FROM: City Manager
RE: Work Session Agendas and Meeting Schedule
Monday
Special City Council Meeting - Council Chambers
Executive Session (Land Acquisition)
6:45 P.M. - City Council Work Session - Council Chambers
TIMES APPROXIMATE
April 25, 1994
6:30 P.M.
6:45 P.M. Review zoning matters
7:45 P.M. - 1994 CDBG/HOME Allocations
8:00 P.M. - Weed/Brush Control in City Operations
8:20 P.M. - New Airport Hangar Building
8:35 P.M. - Weather Alert Sirens
8:50 P.M. - Council agenda, Council time, Council committee reports
April 26, 1994 Tuesday
7:30 P.M. - Regular Council Meeting - Council Chambers
May 9, 1994 Monday
6:30 P.M. - City Council Work Session - Council Chambers
May 10,,1994 Tuesday
7:30 P.M. - Regular Council Meeting - Council Chambers
PENDING LIST ' ,
Appointments to the Charter Review Commission - May 10, 1994
Appointments to the Committee on Community Needs and Design Review
Committee - May 24, 1994
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