HomeMy WebLinkAbout1994-09-27 Agenda
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IOWA CITY CITY COUNCIL
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AGENDA
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REGULAR COUNCIL MEETING OF SEPTEMBER 27, 1994
7:30 P.M.
COUNCIL CHAMBERS, CIVIC CENTER
410 EAST WASHINGTON
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AGENDA ~
"i IOWA CITY CITY COUNCIL ~
1
, REGULAR COUNCIL MEETING. SEPTEMBER 27, 1994 Jkdrr
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7:30 P.M.
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COUNCIL CHAMBERS
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ITEM NO, 1 . CALL TO ORDER. ~
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ROLL CALL. ,.
ITEM NO, 2. SPECIAL PRESENTATIONS, M.c~
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a. Presentation of Outstanding Student Citizen Awards to students of
Hoover Elementary School:
(1) Conor Hanick
(2) Phyllis Hemerson
(3) Ben Patience
(4) Hannah Rumsey
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ITEM NO.3. MAYOR'S PROCLAMATION.
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a. Fire Prevention Week. October 9.15/ 1994.
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b. Youth Salute Program Week. October 2.8/ 1994.
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c. Trick or Treat Night. October 31, 1994 between dusk and 8:30 p.m.
Be it further proclaimed that Trick or Treat Night will be scheduled on
October 31 of each year unless special circumstances warrant changing
the date and/or time.
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ITEM NO.4. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR
AMENDED,
a. Approval of Official Council actions of the regular meeting of September
13, 1994/ as published, subject to corrections, as recommended by the
City Clerk.
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b. Minutes of Boards and Commissions.
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(1) Board of Appeals meeting of August 8, 1994,
(2) Broadband Telecommunications Commission meeting of July 20,
1994.
(3) Housing Commission meeting of July 12, 1994.
(4) Housing Commission meeting of July 19/ 1994.
(5)' Airport Commission meeting of August 16, 1994,
(6) Charter Review Commission meeting of September 14/ 1994.
(7) Planning and Zoning Commission meeting of September 15, 1994,
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Agenda
Iowa City City Council
Regular Council Meeting
September 27, 1994
Page 2
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c. Permit Motions and Resolutions as Recommended by the City Clerk.
(11 Consider a motion approving a Class "C" Beer Permit for Clarissa
Watt dba Watt's Food Market, 1603 Muscatine Ave. (Renewal!
(21 Consider a motion approving a Class "C" Liquor License for Spear-
It, Enterprises, Inc., dba Metro, 121 Iowa Ave. (Renewal!
(3) Consider a motion approving a Class "C" Liquor License for
Diamond Dave's Taco Company Leasing Corporation dba Diamond
Dave's Taco Company, 1604 Sycamore #330 Sycamore Mall.
(Renewal!
(41 Consider a motion approving a Class "C" Liquor License for
Michael H. Tanchinh dba China Palace Restaurant, 21 Sturgis
Corner Dr. (Renewal!
(51 Consider a motion approving a Class "C" Liquor License for Hilltop
Tavern, Ltd., dba Hilltop Lounge, 1100 N. Dodge St. (Renewal!
'1'1- ~ 3o~
(6) Consider a resolution issuing a Cigarette Permit to Cub ,Foods, 855
Hwy. 1 West.
d. Motions.
(11 CONSIDER A MOTION TO APPROVE DISBURSEMENTS IN THE
AMOUNT OF $4,822,507.74 FOR THE PERIOD OF AUGUST ,.
THROUGH AUGUST 31, 1994, AS RECOMMENDED BY THE
FINANCE DIRECTOR SUBJECT TO AUDIT.
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e. Resolutions.
9'/-- 307
(1) CONSIDER A RESOLUTION APPROVING THE OFFICIAL FINAN-
CIAL REPORT FOR CITY STREETS AND PARKING PROGRAM
PROJECT STATUS REPORT FOR THE FISCAL YEAR ENDING JUNE
30,1994.
Comment: The Iowa Department of Transportation requires all
municipalities to submit these reports annually on or before
September 30th.
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Agenda
Iowa City City Council
Regular Council Meeting
September 27, 1994
Page 3
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94~ 31)'1
(21 CONSIDER A RESOLUTION APPROVING, AUTHORIZING AND
DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO
ATTEST AN AGREEMENT FOR USE OF PUBLIC PROPERTY BY
AND BETWEEN FRANCIS H., FRANCES C. AND DAVID J.
PANTHER FOR THE PLACEMENT OF A WHEELCHAIR-ACCESSI-
BLE RAMP ON THE NORTH LINN STREET RIGHT-OF-WAY.
Comment: The Hamburg Inn requests temporary use of public
right-of-way at 214 N. Linn Street for the purpose of making the
business accessible to persons with disabilities by constructing a
wheelchair-accessible ramp at ~he entrance of the building.
(31 CONSIDER A RESOLUTION ESTABLISHING A SENIOR CENTER
COMMISSION FOR THE CITY OF IOWA CITY, IOWA, AND
ESTABLISHING THE MEMBERSHIP, TERMS, DUTIES, POWERS
AND AUTHORITY OF SAID COMMISSION.
Comment: City Boards and Commissions not mandated by State
to be established by ordinance were not included in the reformat-
ted City Code, and were to be established by resolution, This
resolution was adopted and forwarded to Council by the Senior
Center Commission at their July 18, 1994 meeting.
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f.
Correspondence.
(11 Letter'from Linda Tomblin and Grace Trifaro regarding a meeting
regarding management of the deer population.
(21 Letter from Tom Smith regarding the Melrose Avenue project.
(31 Letter from Pat Knebel regarding speeding on Teg Drive.
(41 Letter from Timothy Clancy regarding participation of persons with
disabilities in planning a paratransit system.
(5) Lettepfrom Jim Glasgow regarding acquisition of water supply and
treatment facilities location.
(61 Letters regarding SEATS from:
(al Helen M. Kouba
(bl Jan and Aletta Boeke
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g. Applications for Use o'f Streets and Public Grounds.
(11 Application from Craig Carney of Racquet Master for permission
to use the public sidewalk adjacent to his business during Sidewalk
Days, September 15-18, 1994. (approved)
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City of Iowa City
MEMORANDUM
To: Mayor, City Council and General Public
From: City Clerk
Date: September 27, 1994
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Re: Additions to the Consent Calendar.
Item #4f(7) Letter from Wilfred, Leonard, Hubert and Bernard Yeggy regarding city
actions against them,
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Agenda
Iowa City City Council
Regular Council Meeting
, September 27, 1994
Page 4
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(2) Application from Pete Brokaw for permission to have the Bike and
Hike event sponsored by Friends of the Iowa River Scenic Trail on
September 25, 1994. (approved)
(3) Application from New Pioneer Co-op for permission to close a
portion of Van Buren on September 25, 1994 for a Midwest Food
Fest. (approved)
(4) Application from the Downtown Association for the use of public
sidewalks by members of the Downtown Association for Sidewalk
Days, September 15-18, 1994, (approved)
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h. Applications for City Plaza Use Permits.
(1) Application from Socialist Workers Campaign for permission to set
up a table on September 17, 1994, for the purpose of distributing
information and offering books and pamphlets for donations.
(approved)
(2) Application from Jacqueline Gharib for permission to set up a table,
on September 17, 23, 24, 30 and October 1, 1994, for the
purpose of distributing information about WINDS/Comadres and
offering crafts for donations. (approved)
(3) Application from New Pioneer Co-op for the use of two parking
spaces adjacent to their place of business for a four-piece combo
for a back-to-school event on September 14, 1994. (approved)
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END OF CONSENT CALENDAR
ITEM NO.5- PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA).
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#5 page 1
Nov/ (#5) Public Discussion
Torn Muller/ I am chairperson of the Senior Center commission and I
have something that I am really excited to be able to share
with you folks tonight. I will start out by passing these out
to you and then we will go from there, We want to share with
you the goals that the Commission has adopted and I would like
to read a little bit of this so that you and the public can
have an understanding of what took place, There is a cover
letter here (reads letter, beliefs, and goals). One other
thing to say. We have had this month at the Center an
unbelievable fantastic commemoration of the 50th Anniversary
of WWII, The program has been unbelievable, I know that you
all know that, It will end, of course, this Friday, the 30th
at 1:00 PM, There will be a tree planted in Chauncey Swan
Park and a dedication of a commemorative plaque and we will be
flying our flag at the Center at half staff, We invite all of
you to attend, please,
Nov/ For those of you who may not know, Where is the tree going to
be,
MUller/ In Chauncey Swan,
Nov/ Chauncey Swan is right across the street,
Muller/ Thank you for your patience, You are wonderful.
Nov / I would like to ask one more question. Is this beautiful
document available to the public at the Senior Center or the
library or somewhere.
Muller/ Yes, it is available at the Senior Center and we will make
it available to the public, too, by whatever media mean. We
have held back because we wanted to present it to you first,
Nov/ We appreciate that but I am sure there will be people who will
come to you and say they would like to have a copy.
Muller/ okay, We will follow up and make sure that happens, Thank
you,
Teresa Wagner/ Good evening, I am here to talk on behalf of Jim
Glasgow about the water treatment facility, You all should
have received a memo that was filed with this office
yesterday, September 26 and I would like to go over the
contents of this memo to a certain extent, I have attached to
it an alternative site plan that was prepared by Randy Van
Winkle. I didn't prepare it so I can't answer all questions on
it but I would like to highlight certain features, I know I
F092794
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#5 page 2
have only a few moments of time. If I had to give a theme to
these five minutes which I would like to do so I can simplify
really the thrust of this message, I thought maybe I would say
let's think before we act, But I am fully aware that this
water treatment facility has been well researched and in
preparation for years now, Even though we are discovering
different facts about this site as we go, So I would change
that theme to something more like let's study and let's pause
before we act, before we decide on this site, before we
condemn these lands for the water treatment facility, Now I
would like to reference to start to alternative site plan that
you should have and I was hoping that you would have in front
of you when I talked to you not that it is that critical
because it highlights what we all now know exists right on the
property, That being the pipeline bordering this southern
edge of the proposed site, It is depicted by the broken black
line on the bottom of the alternative site plan submitted,
That pipeline is owned by Williams pipeline Company and I had
a chance to talk to one of its representatives yesterday on
the phone, a Wilson Buzby. We talked for about 30-35 minutes
about the basics of that pipeline, Apparently it is part of
a system of thousands of miles and it spans 11 states and it
transports diesel fuel and other gasoline products. Now that
fact alone I think should give everybody pause. I reviewed
just this evening the executive summary report prepared by
your consultant, Howard Green, and on Page 9 on that executive
summary report he highlights the seriousness of the threat
posed by diesel fuel and gasoline products, I think you may
have read in the newspaper about the reference to 50 years for
Mother Nature and for us to clean up the diesel fuel as it
would go through the porous and permeable soil that the
subterranean soil that is here at this site, So I think your
consultant agrees and I think that information as fact alone
should give us pause that this pipeline runs through the very
ground that we are planning to place the major and perhaps
only water source of Iowa city. I think that deserves some
contemplation, NO~1 that said the obvious question left is
what are we going to do about this pipeline, And that is an
interesting question because whatever the answer more
questions follow, Are we going to leave it in the ground, If
we are going to leave it in the ground, how are we going to
monitor it, contain it, survey it to make sure that it doesn't
explode, To make sure that there isn't a leak, To make sure
that there isn't a spill, How are we going to investigate if
there hasn't already been a leak or a spill, And what type of
contamination has that maybe already done to the ground, What
types of costs are associated with that type of surveyance and
monitoring. These are very legitimate valid questions that
again, returning to my theme, I think should be studied before
we decide irrevocably on this site and before we move to
F092794
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#5 page 3
condemn these lands, The second answer would be that we would
remove it. That, too, leads to more questions, I spoke with
Wilson Buzby, as I said, and his idea was that removal of this
pipeline would be a project of such enormity that it would
take years just to prepare for it and remove it, Not to
mention the cost, As I said, this is an extensive system they
are going to have to relocate. It can1t be held in abeyance.
They can1t stop transporting these substances, So we would
have to find an alternative route, We would have to find an
alternative location, That would involve expense paying them
to relocate, to transport, Paying them for the easement that
they now have over the land, Innumerable expenses associated
with either option and it like those are the only two options
before the city, To leave it in, to monitor it, to survey it,
or to remove it, Both very costly items that really call into
question the suitability of this site, So, again, the theme
here is that we really ought to stop and think and study
before we act. Now, I was on the phone with Wilson Buzby and
he is a very pleasant character and I think he would be easy
to work with and I think we could get a lot of information
from him on how they monitor and survey pipelines through
other areas because obviously this poses similar threats to
other areas in the other states, He felt, and I think that
this is perfectly reasonable, that extensive studies should be
done now before we move to decide on this land, Before we
move to condemn this land a study should be done. Now I am
representing Jim Glasgow and obviously he has an interest in
this council pausing and thinking and studying before it acts,
But I could also be here just as a citizen and a water user of
Iowa city and I think these are valid legitimate and
compelling question that this council should confront, Now-
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Nov/ Thank you, Teresa, I really don1t want to dwell on this issue
for too long a period of time, It is a technical issue, The
engineers will look into it, We are not going to be able to
decide this.
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Wagner/ Well, I think it is important to be able to bring it before
the public and it has obvious public dimensions and I don't-
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Wagner/ Well, related to the water treatment facility. There is
the well interference study that I would also propose for
parties who would be affected by the location of the water
treatment facility, The wells in the surrounding areas and
since you don1t want to hear I would like to close by saying
that Jim Glasgow is perfectly willing and amenable to meet
with everyone which is the conclusion of the memo that you
recei ved yesterday, That he would like to go through and
F092794
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#5 page 4
flush out all of these questions and all of these issues to
avoid the costs that I have enumerated here, the cost of
litigation with him. I think it would be of incredible
benefit, not just for him but for everybody in Iowa city and
everybody who is going to be taxed by this costly project,
Nov/ Thank you,
Wagner/ Thank you,
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NoV/ We will be sure that our Engineering Department and Legal
Department will read the letter and think about it,
Wagner/ okay, We would appreciate that, Thank you,
Nov/ Is there anyone else who would like to address council, Okay,
We will move on,
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Agenda
Iowa City City Council
Regular Council Meeting
September 27, 1994
Page 5
ITEM NO.6 - PLANNING AND ZONING MATTERS.
a. Consider setting a public hearing on October 11, 1994, on an amend-
ment to City Code Section 14-6J-2, Planned Development Housing
pverlay (OPDH) Zone, and an amendment to City Code Chapter 7, Land
Subdivisions, to require dedication of land or payment of fees in lieu of
land for neighborhood open space.
Comment: At its September 15, 1994, meeting, by a vote of 6.0, the
Planning and Zoning Commission recommended approval of the
amendments to the OPDH zone section and the subdivision regulations
section of the City Code, as proposed by the Neighborhood Open Space
Committee in a draft dated September 9, 1994. The Commission's
recommendation is consistent with the s~aff recommendation,
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Consider setting a public hearing for October 11, 1994 on an amend-
ment to Title 14, Unified Development Code, Chapter 7, "Land Subdivi-
sions," by amending Article A of the City Code to require review and
approval of the division of land prior to recording.
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Comment: At its September 15, 1994, meeting, by a vote of 6-0, the
Planning and Zoning Commission recommended approval of this
amendment. The proposed amendment would require any division of,
land (except minor boundary line adjustmentsl to be administratively
reviewed and approved by the City prior to recording, The purpose of
this amendment is to prevent division of land (i.e. dividing a tract into
two parcelsl in violation of the zoning and subdivision regulations. A
memorandum from staff explaining the proposed ordinance is included
in the Council's packet.
Action: 'oj(~, / f?xJu),)
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Agenda
Iowa City City Council
Regular Council Meeting
September 27, 1994
Page 6
c. Public hearing on an ordinance amending the Zoning Ordinance to
change the use regulations of a 5.52 acre property located east of
Waterfront Drive and the CRANDIC Railroad right-of-way from CI-1,
intensive Commercial, to CC-2, Community Commercial. (REZ94-0010)
1!ltav
Comment: At its September 1, 1994, meeting, by a vote of 6-0, the
Planning and Zoning Commission recommended approval of rezoning of
a 5.52 acre property located east of Waterfront Drive and the CRANDIC
Railroad right-of-way from CI-1 to CC-2 subject to 1) Waterfront Drive
will be reconfigured and Stevens Drive will be extended across the
railroad to provide access to the property from the west, and the
applicant will be responsible for the cost of the Stevens Drive railroad
crossing; 2) the Director of Planning and Community Development will
approve a concept plan for site layout and landscaping; including
driveway locations, landscape, islands, and plantings; 3) the applicant
will be responsible for the relocation of the sanitary sewer line which
currently crosses this property; and 4) the applicant will contribute to
the cost of improving Waterfront Drive to the south of the site, at either
50% of the total cost, or $60,000, whichever is less, The
Commission's recommendation is consistent with the staff recommenda-
tion contained in the staff report dated July 21, 1994,
Action: 1..Mu ~
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d. . Public hearing on a resolution to annex a 1.02 acre p~ no~
of Scott Park Drive. (ANN94-00061 ~
Comment: At its September 1, 1994, meeting, by a vote of 5-1, with
Jakobsen voting no, the Planning and zoning Commission recommended
approval of a request to annex a 1,02 acre parcel located north of Scott
Park Drive. The Commission's recommendation is consistent with the
staff recommendation contained in the staff report dated August 4,
1994.
Action:
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#6c page 1
Nov/ (#6c) I declare the p,h, open,
Mark Brauer/ I am with HyVee Food stores, Chariton, Iowa. I would
just like to speak on behalf of this application because we
have a vested interest, The plan here is for us to purchase
this property and be an owner of not only the property but the
building, And with that we understand the conditions, We are
asking that the p,h, be held over to the next meeting as we do
not have the developer's agreement fully executed yet. We are
working with staff to have that, We would ask that action be
first vote or hearing happen once that agreement is fully
executed at the next meeting, Are there any questions.
Throg/ I think I would like to ask a question, You were at the
meeting last night, weren't you, Remember we discussed the
bit about shared parking of spaces between the new HyVee
Building and the existing HyVee Building and the existing Drug
Town stores and whatever might be located in them, I guess I
am just curious about what your sense of of the possibility of
sharing parking. If HyVee would be interested in that
possibility and would like to pursue it or whether you think
it would somehow make your project untenable.
Brauer/ The answer is the design for the parcel we have just meets
our minimum threshold of parking requirements for that size of
store on the property that we are rezoning. We do not have
control over those other tracts and we would have to enter
into some other kind of agreement with respect to shared
parking and as those uses are yet undetermined, it somebody
else had a requirement like ours there may be no area to
share, Our-I guess what I am saying here tonight is that the
concept plan that we used to present the rezoning-in it it
addresses our tract and meets the HyVee r.equirements and I
would be a little hesitant I guess to commit to you tonight
that we would work out a shared parking agreement because that
is another owner and another legal agreement that would have
to be entered into, I am hesitant.
Throg/ Just to make sure I understand. When you say HyVee
requirements, you are referring to the company's own idea of
how many spaces it needs to have in order to provide parking-
Brauer/ That is right, Most large retail users, Walmart or Mennards
or other people have a factor that is historically something
they need to support their store. We also have that and that
is what we have used to validate that this tract will
accommodate this plan.
Throg/ Do you remember what that number is for this particular
store.
F092794
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#6c page 2
Brauer! It will be a minimum of six cars per thousand square feet,
We are estimating 65,000 square foot store plus or minus with
the plan yet to be determined. That is approximately round
numbers, 400 stalls, And that is basically what is on that
site plan right now,
Throg! Thanks,
Brauer! Any other questions,
Baker! Mark, I understand that with this agreement it requires you
to get the concept plan approved through the city Planning
Department. You heard last night some of our concerns about
the pedestrian access and the whole landscaping issue about
making that as pedestrian friendly as possible, I would like
to reemphasize that and make something that will look really
good,
Brauer! That is understood and that was part of the condition for
Waterfront Drive extension to the south to create a public
street section with curb and gutter, sidewalks, which will
then tie into our facility, As far as extending it all the way
down through Waterfront to the restaurants, we haven't really
talked about that yet but I expect staff will identify that,
Baker! Thank you.
Brauer! Okay, Anything else, Thank you,
Nov! Is there anyone else who would like to address council on this
topic,
(Moved by Kubby, seconded by Lehman to continue p, h. to
October 11) Is there any discussion among the council members,
Throg/ Are we going to discuss this proposal more tonight or are we
going to discuss it next meeting, What do you want to do. I
guess there is a few things I would like to say but I don't
need to say them tonight,
Nov! Well, that is your choice, The p,h, hasn't yet been closed,
You can say something tonight or you can say something two
weeks from now,
Kubby/ I would like to hear it tonight so I have tome to think
about it instead of having to hear it and then having to vote
immediately afterwards,
Throg/ Should we vote on continuing the hearing first.
Nov/ No. No. Let's finish talking and then we will vote.
F092794
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#6c page 3
Throgl All right, My questions have to do with sharing parking
spaces and when we looked at the preliminary plan, the concept
plan, last night what we saw basically was a sea of parking
which included the 400 spaces that Mark Brauer just referred
to plus the other, I don't know, probably 200 or so spaces
between the existing HyVee store and Drug Town. So we end up
with a 600-650 spaces or whatever the total would be and that
creates the opportunity for HyVee and the other stores in the
vicinity to share parking spaces and share their requirements
so that instead of ending up with that many spaces we could
perhaps end up with maybe 500 or 550, Some smaller number of
spaces and use the remaining land-put the remaining land
either to some other economic use or to landscape the property
and create some pedestrian amenities there so that it becomes
a place for people to enjoy being and walking instead of just
a place to get out of a car and walk into a store and back out
to the car, So, I think there is an opportunity there and I
am not trying to put the burden on HyVee by any means, I
think we talked about it with Karen Franklin last night. If
there is some way that this committee can encourage that kind
of shared parking in this instance and in every other similar
instance I would like to encourage us to do that,
Kubby I And so how shared parking can happen now is that the
applicant can choose to go to the Board of Adjustment to ask
for a lowering of the parking requirement based on some kind
of shared agreement, And I guess one of the things we could
do is encourage the applicant to do that,
Throgl Perhaps we could be active in doing that in the sense of us
stimulating the concept of sharing parking instead of just
waiting passively for a firm like HyVee to come to the Board
of Adjustment saying hey, I want shared parking.
LehmanI I don't disagree with that, However, we have the existing
HyVee Store and the Drug Town uses in the future of which we
have no idea, They are retail uses that use their peaks times
the same as HyVee, There is no way they can share parking, If
you are going to build a 65,000 store I am sure that there are
parameters that you use saying that. we need X number of
parking spaces, And I am sure those are probably fairly
valid, If we have a night use of the present HyVee store,
yeah, maybe we can do that. I think it is unfair to even
suggest to HyVee that we share parking spaces until we know
what uses the other two buildings are going to have,
Throgl I understand the point, So, what I would like to draw
attention to is simply thinking about the issue and trying to
find a way to respond flexibly to it so that we can actually
enable companies like HyVee to share parking spaces if it is
F092794
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#6c page 4
appropriate. Now maybe under certain circumstances it simply
isn't, But if it is then what we are doing is requiring people
to build far more parking spaces than they need to and then
wasting a lot of asphalt, wasting money, wasting space.
Lehman/ But in this case you would have to know the use of the
present store and the present Drug Town in order to know
whether or not sharing was possible,
Nov/ The current HyVee system is to put up a big tent for selling
plants or garden implements or whatever they are doing. And
they put up this big tent and take up many parking spaces
maybe two or three times a year. If they are building a new
store with an interior section for that purpose they don't
need to then set up a tent in the parking lot. So all these
kinds of things could change the requirement.
Kubby/ Although I think the key for me is figuring out what that
flexibility factor is because even if we know who the tenants
are now those tenants could change, But once there is a
certain amount of parking it is probably not going to change
very much over time unless we take out landscaping-they take
out landscaping and put additional parking in, So i guess I
would like to know what some of the possibilities are for
figuring out what that flexibility factor is. I am interested
in this opportunity and not let it just Slip by,
Throg/ So, in a practical sense, here is the point, We could
instruct staff when they have time and given all the other
things they have to do, We could instruct staff to prepare
guidelines for use in enabling firms to share parking under
certain conditions, Correct me if I am wrong but right now it
is not-we don't have any guidelines by- There is no active way
that we are encouraging it. Rather it is pretty much passive.
If I am wrong, correct me,
Franklin/ There is no active way that we are encouraging it
particularly in this zone, What we have in the ordinance now
is there is a provision that certain uses can share parking
and that is based on those uses having different times of peak
use. What Ernie was referring to, So we would have to look
at the very basics of the ordinance that we have in place now,
But no, we don't have at this point in time really encourage
it, You have to go through the Board of Adjustment to have it
occur, So there may be some disincentive built in right
there.
Throg/ I would
difficult,
means.
like to urge us to make it easy instead of
I see a lot of nods so I don't know what that
F092794
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#6c page 5
Lehman/ Well, I concur,
, -:"
Kubby/ I think we should find a way to make it easy and part of the
status quo to look at if sharing parking is appropriate, It
should be just part of the process,
Nov/ And of course it any of the spaces is not devoted to parking
it is then devoted to planting, right.
Throg/ It is land that could be put to other use, It cold be
landscape, it could be used for amenities, economic value.
Nov/ Anyone else want to talk about this,
motion to continue (Kubby / Lehman),
(ayes). okay,
We need a vote on the
All in favor say aye
, '
Kubby/ Jim, were you looking for four people interested in
directing staff at some point on the long list-
Throg/ Yes, How do we translate that into direction,
Kubby/ I am with you,
Nov/ I think you had nods of the head,
Throg/ So we would like to instruct staff I guess,
Nov/ If people would like to at least look at the possibility of
sharing parking,
Kubby/ And maybe on the bottom of a long list of priorities but so
that it is there,
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Throg/ To facilitate sharing parking, I am sure you understand what
we are after. Thanks,
{,
F092794
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#6d page 1
Nov/ (#6d) p, h, is open. No one, okay, Does the council wish to
discuss this,
Baker/ Naomi, there was some discussion last night about the lack
of or the perceived lack of policy about this council's
attitude towards annexations, the size, the services, stuff
like that. I am just wondering if that is something we want
to informally talk about sometime soon, To have the staff
have a little clearer picture if that is possible about what
our feelings are about annexations of this kind,
Nov/ I think that we did express some opinion about small
annexations, scheduling p.h,s, etc.
Baker/ I didn't see a consensus last night on which way we were
going though,
Kubby/ If don't think there was one.
Nov/ There wasn't really,
Baker / Maybe we talked about it last night and decided that we
can't offer direction,
Lehman/ Larry, I think part of what we talked about last night is
I think it is particularly important that there maybe some
small annexations that you alluded to that might be very very
appropriate, While other annexations which we might not like
because we think they should be part of a larger one. I would
assume, at least as far as I am concerned, this should be a
matter we should discuss after we get some more input from
staff as a general rule because as I heard last night, there
are small annexations that we really need to do" It may be
very beneficial to the city, There are others that may be an
aggravation as we know, A firm policy regarding the size might
not be a good idea.
Baker/ I don't think we need to tie ourselves down, it is just that
I have ambivalent feelings about this particular issue,
Nov/ One of the things we ask her last night was a condition in
this rezoning that included a house that meets current city
building codes, inspection and all that kind of thing. Can we
write this into the zoning agreement.
Franklin/ We are writing this into the zoning agreement, You will
need to continue this-the p,h, on the rezoning you will need
to continue, The annexation p,h. you will not need to
continue, But the condition is attached to the zoning which
is your next item.
F092794
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Nov/' So we should then close the annexation hearing.
Franklin/ You may,
Nov/ Is there anyone else who wishes to talk about annexation,
Okay. The hearing is now closed,
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Agenda
Iowa City City Council
Regular Council Meeting
September 27, 1994
Page 7
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Public hearing on an ordinance amending the Zoning Ordinance by
changing the use regulations of a 1.02 acre parcel located north of Scott
Park Drive from County RS, Suburban Residential, to RS-5, Low Density
Single-Family Residential. IREZ94-00111 ~
Comment: At its September 1, 1994/ meeting, by a vote of 5-1/
Jakobsen voting nOt the Planning and Zoning Commission recommended
approval of rezoning a 1.02 acre parcel located north of Scott Park Drive
from County RS to RS-5 subject to conditions. The Commission/s
recommendation is consistent with the staff recommendation contained
in the staff report dated August 4/ 1994,
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Action:
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Public hearing on an ordinance amending the Zoning Ordinance to all~
crematoriums as an accessory use to a funeral home.
Comment: At its September 1/ 1994, meeting, the Planning and Zoning
Commission, by a vote of 6-0/ recommended approval of an amendment
to Section 14-68-2 of the Zoning Ordinance adding a definition of a
funeral home which includes crematoriums as an accessory use, The
Commission' s recommendation is consistent with the staff recommenda-
tion,
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Consider an ordinance amending the Zoning Ordinance to change the use
regulations of a 5.11 acre property located east of Wellington Drive from
RS-5 to OPDH-5. IREZ94-0010) (First consideration I
,
/,1,
Action:
Comment: At its August 4/ 1994/ meeting, the Planning and Zoning
Commission, by a vote of 6-0/ recommended approval of rezoning a
5.11 acre tract of land, known as Village Green Part XIII, from RS-5 to
OPDH-5, subject to 11 an agreement providing for adequate sanitary
sewer capacity for the development, 2) the legal papers for the final plat
addressing drainage for dwellings with basements and the removal of
snow from the sidewalks on Somerset Lane, and 3) a reduction of the
street width from 28 feet to 25 feet for Somerset Place and Somerset
Lane, and 41 a waiver of sidewalks on Somerset. Place. The
Commission' s recommendation is consistent with the staff report dated
April 21/ 1994.
Action: ~uV J 1 AAA)O{Vo~
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Nov/ (#6f) This p,h. is now open. Anyone who wishes to address
council please come to the podium, Interesting, I thought
this one was going to have a little more attention.
Gentry/ Did you notice the change, Is that acceptable,
Kubby/ Yes, I did,
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Gentry / It is funeral homes may include crematoriums as an
accessory use subject to compliance with any state or federal
regulation and with any condition reasonably imposed by the
Board of Adjustment for the protection of neighboring
properties.
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Nov/ That sounds fine to me, Is there anyone who has any objection
to the change in wording, Okay, P,h, is closed,
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Agenda
Iowa City City Council
Regular Council Meeting
September 27, 1994
Page 8
h. Consider a resolution to annex the City's south wastewater treatment
plant site, (ANN94-0003)
i.
Comment: At its August 4, 1994, meeting, the Planning and Zoning
Commission, by a vote of 6-0, recommended approval of a City-initiated
request to annex the City's south wastewater treatment plant site into
Iowa City. The Commission's recommendation is consistent with the
staff recommendation in the staff report dated April 21, 1994. Public
comments were received at the Council's September 13, 1994, public
hearing on this item.2.8 _
,1J~~/~~w 51,
.kj$a) &hJ It- 7: ~
Consider an ordinance amending the Zoning Ordinance to rezone te d/t~
City's south wastewater treatment plant site to P, Public. (REZ94-
00051 (First considerationl
Action:
j.
Comment: At its August 4, 1994, meeting, the Planning and Zoning
Commission, by a vote of 6-0, recommended approval of rezoning the
south wastewater plant treatment site to P, Public, subject to approval
by the City Development Board of annexation of the property to the City
of Iowa City, Iowa. The Commission's recommendation is consistent
with the staff recommendation in the staff report dated April 21, 1994.
Public comments were received at the Council's September 13, 1994,
public hearing on this item.
Action: fv/J-!Uj J~../ /$/ CJ; (/ /j)
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Public hearing on an amendment to the Comprehensive Plan 10 change
the land use map designation of property located east of Harlocke Street
from 16-24 dwelling units per acre to 2-8 dwelling units per acre.
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Comment: At its May 5, 1994, meeting, the Planning and Zoning
Commission, by a vote of 5-0-1, with Dierks abstaining, recommended
approval of the amendment of the Comprehensive Plan land use map
designation of the subject property from 16-24 dwelling units per acre
to 2-8 dwelling units per acre, The Commission's recommendation is
consistent with the staff recommendation contained in the staff
memorandum dated September 16, 1993. Comments were received at
the July 5, 1994, and the July 19, 1994, public hearings on this item.
Jim Houghton, attorney for Mr. Ruppert, had requested deferral of items
j. through s. 0 the Gguncil's September,27, 19.94, meeting. o~
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Novl Moved by Throg, seconded by Lehman. Discussion,
Bakerl I just want to make sure that the public understands that
this item and the next item are for specific purposes of
annexation and zoning, They do not deal with roads,
pipelines, and other specific engineering details that will be
worked out later, This no way commits us to a predetermined
plan on roads or where sewer lines are going, That is still
to be determined,
Throgl I guess there is another point that I would like to make and
that is the conditional zoning agreement that was signed in
1988 said that we would ask the county to review and comment
on any proposed use of the park and so one of the things that
we talked about last time was asking the county to review and
comment on our actions down there even though we would not
legally be required to do that given the fact we are annexing.
But as a matter of courtesy to our fellow government we want
to ask them to review and comment,
Kubbyl Actually I thought-when the site is actually rezoned we are
going to have a resolution that talks about maintaining our
commitment to when feasible to build the road that we had
promised in the other agreement and to add on to that that we
would forward any development plans on the sewer treatment
plant site for a park to the county, That it will be that
same intent. That it will be slightly more formal. It will
be written and voted on,
Nov I And we will not do this until after the state Development
Board or whatever has okayed the annexation. Until then the
current agreement still stands. Any further discussion, We
need roll call- (Yes)
F092794
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Nov/ (#6j) We're going to combine all of the p.h, 's on this,
Kubby/ I'd like to move that we combine p,h, 's j, 1, n, r,
Nov/ (Reads agenda items 61, 6n, and 6r)
If anyone would like to talk about the issues in any way, comp
plan or rezoning, now is the time,
Karr/ Could we have a second to combine those,
Nov/ (Moved and seconded Kubby/Lehman) All those in favor say aye
(Ayes) ,
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Mary Hitchcock/ 1506 N. Dubuque Road. I have here a map, I don't
know if you can see from there but (can't here), If you hold
it towards the camera maybe the general pUblic will be able to
see, Okay. Move it this way okay, Honorable mayor Pro Tern and
council members, I have no ownership in any of the parcels nor
do I own any property nearby, I and many others am concerned
about the constitutional rights of property owners and the
discriminatory aspects of this action, An investigation was
initiated, I reviewed the state zoning laws, I discussed this
with several area city attorneys to gain an unbiased
understanding of the perspective of the city and those versed
in zoning law. I looked over city files, county land records
and physically measured one parcel, I spoke MMS consultants
Inc, the DOT, residents and owners of the area, I would like
to make four points. One, the staff report is not complete or
accurate. The city map misleads Harlocke, council, and zoning
on this proposal. Two, the council should not initiate an
action lobbied for by residents over 200 feet away,
disregarding those in the immediate area. Three a-plexes are
here now at the top of Harlocke and are surrounded by multi
Units RM-44 reflects that I understand and I think that is as
it should be, Four, the council, should not spot zone to
benefit special interest, For many years the Rupperts and the
Jensens anticipated development of this land and studied
concerns expressed here. Their more knowledgeable than anyone
else about their lands, Both Ruppert and Jansen tract owners
agree 100% with Harlocke about traffic and topography issues.
Traffic should not burden the area. The primary Ruppert access
should be to Hwy 1. It's important any street or streets
planned be carefully situated to benefit the whole area and
not a selected portion or parcel. And it's too early to
determine street placement now as you might substantially the
area's potential. Each tract requires adequate access to reach
it's highest and best use thereby enhancing complementing the
whole area. It is faulty to assume oniY Harlocke is the
access, When the Ruppert tract is developed and access to Hwy
1 is complete, a second access to the north is guaranteed by
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a June 22, 1982 access easement adopted by the city council of
Iowa city and recorded at the Johnson County Recorder. That
would make four future accesses to the Ruppert tract. Since
any potential development plan requires council approval no
zoning change is necessary to address traffic concerns,
Topography was studied earlier in 1983 and an aerial
topographical map was drawn up, The bluff is not natural. This
area of major topographical concern which is nearly the size
of the Jansen tract was created, owned and controlled by the
DOT and look at the size of the Jansen tract and then look at
the Ruppert tract and realize that 3j4 of the Johnson tract if
you put that into, took that away from what is Ruppert, is
undevelopable. That will be green forever,
Throgj Mary, Excuse me for a second.
Hitchcockj Yes sir.
Throgj will you ask Charlie to turn the map around so we can see it
a little bit better, Can you point to the map so you can,
Hitchcockj Why don't you take it up closer so that he can have it
closer, You can show it around while I talk, thank you very
much,
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Throgj I just want to make sure I understand where the three acres
is that you're talking about.
Hitchcockj It's right adjacent to the Hwy, But it's hard to see,
Throgj So it's just a strip running along there,
Hitchcockj It's just a strip along the Hwy, It varies in size in
places it's deeper than in other places. But never the less
it's a whole three acres,
Throgj Okay, I understand,
Hitchcockj Let me, This won't be developed. No zoning change is
necessary to protect the bluff because the bluff isn't Ruppert
property, PjZ I think should understand this but it hasn't
been made clear in their details about this. And perhaps
Harlocke and council do not. Like the conductor of an
orchestra, the council must have a good ear to identify and
bring together the best players of each instrument so the
music sounds as if it's coming from a single entity. Your goal
is to figure out how to make the audience stand up in line and
pay to hear your music, And in four important areas your
musicians are out of tune and more effective listening is
necessary. First no council member has mentioned that the map
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is different, The city map and the this proposal incorrectly
identify 11,5 acres north of Hwy 1 as Ruppert tract, It was
very confusing to us to figure out what it was that you were
rezoning, I asked many times what are you rezoning and
repeatedly am told well the section that is RM-44 , Well the
section that is RM-44 is 8,71 acres, Okay I thought are you
trying with all of this riding on this paper are you trying to
rezone something more, will someone later say well when they
did that rezoning on that 11,5 acres they really meant this
over here as well, It was very unclear, Well normal property
joins the street like I said before the state commonly owns
sections of property adjacent to Hwys, And in this case over
three acres next to Hwy 1 is owned by DOT and MMS has provided
us with this map accurately reflecting the tract as 8,71
acres, The goal of good zoning is to assign each property its
most appropriate use, Looking at the map you notice the east
end of the tract is only 210 feet wide on the east side east
border okay, Consider these lot estimates, the lot estimates
that we're provided by your own Robert Miklo associate
planner, He said normal city lots require 124 feet for one
house and street or 218 feet for two houses separated by a
street, And 156 feet for two houses side by side, In view of
the space available and considering the views of Walmart, the
condominiums, and the potential health effects of Hwy 1 which
is magnified as it comes over the bluff. Sound which will
increase as traffic on the hwy increases through the years. I
find it incredible that anyone would consider this a desirable
location for single family homes even if an inviting
configuration could be found, The lots on the southern portion
of Weeber Street have been very tough sales and none of them
are required to face the hwy or an apartment complex. They all
are sat facing east-west so they have no poor view and so that
any sound that does come up there and there is less sound
because they aren't don't have the bluff effect, The sound
hits the end of the house, Sometimes where the garage is so
they don't have the same kind of impact at all. I was looking
to document everything I said here, And I was also looking for
independent unbiased opinions and so I sought out a developer
you probably aren I t familiar with but Tom Redman who is
president of Redman Construction Company and I took him the
map and I took him the photos and I took him the files and I
said Tom you know what would you do with this property, Is it
suitable for single family homes because I could support
single family homes if I could buy one myself. Okay, If it was
someplace I could say I myself would be willing to live, And
Tom said I don't know anybody who builds single family homes
there, I also talked with Mace Braverman president of
Southgate Development right here in Iowa City whom I didn't
know until that conversation and he was in agreement so were
Realtors Dave Cahill of Cahill Realty and Tom Lepic of Lepic,
F092794
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Kroeger Real tors, I don't know how many I can go to but I
don't think you'll find very many of them who will be anxious
to market or build single family homes there, So in my
certainly unexpert opinion the single family home designation
for this area is effectively saying you cannot develop here,
An overlooked consideration is that if you would build a
larger building or buildings they would break the sound coming
up from the bluff and thereby protect any homes that are on
the other side of them, Bluff sound is there's two kinds of
sound and one is the airborne which I'm talking about and then
the other is the sound like when you drop a pencil. When you
drop a pencil the sound stops as soon as it hits but the
sounds from the hwy just keeps going, It travels through the
air until it's absorbed by something, In front of Weeber
Circle the sound is absorbed by that wood section, The minute
you cut sown those trees those people up on Weeber circle are
going to say ohmigod what's happened to my house, The more
detailed staff report of July 13, 1984 which was turns out to
have been a P/Z states on page 1 paragraph that this is a
quote over drastic reduction in density and the site is not
suited for conventional single family development and at page
three item one the property quote in question must be allowed
to develop in a reasonable manner, Complete restriction of
development in not and option unquote, Page 5 item 3 is an
analysis of the impact of increased traffic volume, The
southwest area study of February 8, 1982 says that quote
residential development is discouraged in this general area
due to its location of the airport and proximity to Hwy 1
unquote, I don't know why we so these studies if we're not
going to pay any attention to the results, The point is that
the staff report and the map aren't accurate or clear, And
when the correct facts are reviewed I believe the correct
decision is RM-44 , Secondly all property owners from Miller
Avenue to Harlocke do cooperate and engage in talks from time
to time, They feel interdependent and have working agreements
with each other and council has failed to consider the wishes
of them, Refused to recognize and respect the relationships
and it appears designed this proposal to minimize or eliminate
any input from this majority of property owners within 200
feet of the whole Ruppert tract, The signed statements
indicating their preference have been provided, The Attorney
General's office states that the Iowa zoning code does
provide that opinions of people within 200 feet of the
proposed ordinance are of primary concern in any rezoning
petition, Owners of properties bordering the Ruppert tract
representing 360 some citizens who live in that area feel are
in favor of and feel benefited by the current zoning, Some
would prefer commercial zoning. When you paint your home will
your neighbors select the color, Well you might consult them,
But if each neighbor bordering your house wanted a different
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#6j page 5
color what are you going to do. I doubt if you'd paint each
side differently, Should you be required to paint your home to
please people a block away,
Nov/ Are we about finished,
Hitchcock/ Excuse me but I have been to three meetings, I have
never been allowed to speak, No one seems to want to hear.
Charlie had two minutes on July 5, I wish you would bear with
me for one moment more,
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council should initiate a change proposed by people over 200
feet away and disregard those who live immediately next to the
property, Third is that a natural border is in place between
the Ruppert property and the Weeber Circle, Several 8 plexes
exist at the top of that border and below those 8 plexes the
woods protect Weeber Circle residences from the Hwy sound and
prohibit view of the Ruppert property, Development here will
have little impact on these neighbors and zoning here was RM-
44 when Mr. knabbe and Mr, Mashburn purchased their home, They
won't suffer any injury by continuing the 44, Mr, Russell
who's the neighbor of Mr. Knabbe feels RM-44 is beneficial. If
RS-5 to 8 was appropriate for the west side of Harlocke then
that should have been designated prior to the construction of
the 8 plex, Now they are the majority in the area and we think
the zoning should reflect that, Lastly legitimate neighborhood
associations have charters and bylaws, They hold annual
meetings, they elect officers, and they conduct business, If
this issue was of such concern as they have repeatedly stated
don't you think it's strange that the Johnson and Ruppert
property owners were never invited to speak so an informed
decision could be made, This appears to be the action of a few
residents influenced by emotion rather than intellect or those
pursuing a private interest not an association, Benton Manor
is a chartered association representing 172 homes with borders
on both of these properties. And Benton Manor is in support of
the RM-44. Council should not spot zone to benefit special
interest or political action committee, In conclusion a great
many misunderstandings regarding these properties may have led
to the action, credibility is the foundation of leadership and
credibility is lacking here, Evidence doesn't support the
staff's conclusion, This property was extensively studied
prior to adopting the comp plan which assigned the RM-44 plan
after considering traffic, topography, bluff effects, sound,
and city zoning rules. Access, traffic, topography concerns,
were all dealt with again in 1984 and RM-44 zoning was
reaffirmed as the highest best use of the parcel, changes have
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#6j page 6
occurred and nearby development has been as anticipated by
that plan, The central belief of our culture is that Americans
have personal and property rights guaranteed by our
constitution and the constitutional right of property owners
and the discriminatory aspects of the proposed spot zoning are
major concerns, I hope all Iowa city citizens are equal. Mr,
Russell equal to Mr, Knabbe. Benton Manor equal to Harlocke,
But spot zoning seems to say something else. These hearings
have shown that there are four accesses to the Ruppert
property and that the DOT controls the bluff and area very
nearly equal to the Johnson tract which will remain green so
no zoning change is necessary to protect the bluff or to
control the traffic because I believe the staff report was not
complete or accurate and the city map has misled Harlocke,
council, and zoning, Because I believe the council should not
initiate a change requested by residents over 200 feet away
while ignoring those in the immediate area. And because I see
the 8 plexes here now surrounded by multi units and the RM-44
reflects that. And because I believe the council should not
spot zone to benefit a special interest I urge you to leave
the RM-44 until a development plan occurs, And I would also
like the July 13, 1984, thirteen page report by Bruce Knight
that I quoted included in the record. And I found that at this
time, Thank you very much for your time, I'm sorry it was a
little longer,
Nov/ Can you stay long enough to answer questions,
Hitchcock/ Oh I'm happy to answer any questions that I could, Yes.
Nov/ I think there may be people with,
Baker/ I just have one quick comment, You've probably given us too
much to absorb right now at one time, You read a statement.
Can you provide a copy of that to the city clerk who can get
it to us.
Hitchcock/ Which statement do you mean,
Baker/ What you just read,
Hitchcock/ Yes I do have a copy here for the record. I have a copy
of the memo that I rustled up today,
Baker/ I think we've got the Knight report.
Throg/ We have the letters you've given us and the memo but we
don't have the statement you just made,
Hitchcock/ That wasn't mine. I would like you to look carefully at
F092794
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#6j page 7
that map because there are places in there on Mr, Johnson's
property where there's a 40 foot hole. A 40 foot hole that
can't be developed, So even though it was the in fact on the
Ruppert property you know some people are fond of talking
about their ravine. See this space here, I don't know. It goes
from 710 feet to clear up to clear up by Harlocke it's 765
feet, You have 55 feet of something, This is after the three
acres are taken off. The hwy really is clear down here. These
are the Hwy 1 way down here. These are the hwy lines way down
here, All of this isn't going to be open and then you have
this, Now everybody has a different idea about what's going on
here, this is the 210 feet wide. This is Benton Manor, This is
the hole that's 40 feet deep. You know that's not going to be
developed. This hole itself here's 750, It's 30 feet. Okay, So
really all you have here I don't want to plead Mr, Johnson's
property case but all you have here is some little thing here
and maybe something over here that would come along here,
There's not much there, And here's what you have even if you
think about residential which some people would like you to
think very hard about, you see the biggest part of it is down
here closer to the hwy on this site, So if you put houses
you'd be forced to put them closer because this is also a
ravine now that the depth isn't measure there, But this is
also a ravine. See what this is, This is a sewer line, You
know when you wanted a sewer access or easement or something,
Charley gave it to the city. You didn't buy it, He gave it
because he thought someday he'd be able to use it, Now you're
telling him well I guess not. And then this property is wider
at the top so you could put something farther away from the
hwy but it's just.
Nov/ I heard you and it'd be helpful for us to be able to read what
you've stated.
Nov/ We will read what you've stated and for the record all these
are going to be continued because there are objections to
rezoning and our ruling is if there are objections to
rezonings by the property owners nearby we need six council
members to approve any rezoning. Since there are only five of
us here today this will be postponed, Now Karin Franklin is
there any reason that we should postpone more than two weeks,
Is there any reason to think something may happen that may
take a longer period of time.
Franklin/ There are some discussions that are going on still
between property owners to attempt to resolve this. I really
have no idea if they'll be able to put anything together in
two weeks or if it will take months, I'm sorry I can't give
you a better guess on that,
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Nov/ Well then continue the hearings for the usual two weeks. We
don't seem to have much choice,
Kubby/ Karin do you have the same view about four accesses to the
Ruppert property. I guess staff, When I say you I mean staff,
Baker/ Karen, Marian said we ought to accept the correspondence
first-
Nov/ Moved by Throg, seconded by Baker (to accept the
correspondence). All in favor (Ayes),
Throg/ Karen, I have a more general question and that was basically
is that Mary Hitchcock made a large number of very factual
claims that are interesting and important but I what I wonder
is whether Mary has spoken with anybody on staff to see how
staff would react to those factual claims, So, I mean there
is a whole series of questions that one might ask that were
like the ones that Karin just raised,
Nov/ And also I am concerned along the same lines because some of
the quotes in her speech were from 1982-83-84, okay, and I
would appreciate it if staff would look at that whole memo and
decide how much of it is still current because sometimes
things that were in 1984 have no application,
Franklin/ I think some of that was covered in Bob's original staff
report when this went to the P/Z Commission but I thin]( what
we will need to do is to look at Ms, Hitchcock's statements.
I couldn't absorb everything that was said tonight either, I
have not spoken with her myself. Obviously she has spoken
with Bob Miklo although I can't respond to the numbers that
she was stating tonight. So, is we can just take a look at
that and maybe give you some history at the next council
meeting, We did go through this ten years ago and it might be
of some value for you to understand why nothing was resolved
then,
Nov/ It would be of some value,
Franklin/ Okay. In terms of the access points Karen, I know that
there are two access points on Highway 1, There is an access
on Miller which is undefined but it is a public street so you
certainly would have access there, The access easement
through Benton Manor that was referred to is a provision in
the Benton Manor developer's agreement which states that the
city will pursue at such time as the south property owner
wishes and I think at the city's discretion access through the
Benton Manor property for development of the property to the
south. Basically, what happened, is we attempted to get
F092794
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#6j page 9
secondary access for Benton Manor as that was developed and
couldn't achieve it but Benton Manor was incumbered with
allowing access through there for the property to the south,
But that still has to be worked through, So that I guess
would be the fourth access point that she was referring to,
Kubby/ I know that we have had discussions in the past about access
onto Miller and some of the problems that can be created
there. It is a fairly narrow street, There are problems
turning onto Miller in the winter time from Benton Street
hill. So that doesn't seem as feasible unless the whole
street was widened, too,
Franklin/ Well, it depends upon what kind of development we are
talking about and what kind of counts. Not knowing what
development will occur it is difficult to say whether we would
preclude any access to Miller, I don't know that we would.
I think there would be one point on Miller some place.
Nov/ There may be some limits onto the highway area also based on-
Franklin/ On Highway 1 there are two access points that DOT
recognizes and as far as I am aware they are not prone to
grant additional access points, But those two Charlie does
have.
,
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Nov/ We need to motion to continue all these p,h.s to go to the
October 11 meeting, (Moved and Seconded Throg/Kubby), Okay,
all in favor please say aye (Ayes).
KUbby/ Before we go on I would just like a nod from Mr. Knabbe if
is your understanding that there will be continued discussions
between property owners at this point. The answer is we are
trying to do that, Thank you,
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the ordinances and comprehensive plan resolutions.
what we are doing,
Kubby/ I would like to move that we combine items k, m, 0, q, and
defer on
Is that
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Nov/ And defer,
Kubby / Can I make that in one motion to combine them and defer
them,
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#6j page 10
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KUbby/ Yeah, that is what I said,
Nov/ Moved by Kubby, seconded by Throg, All in favor of deferring
these issues please say aye. okay, We have gone all the way
to t, We are on t. We have completed everything through s.
Okay, We are now on t. Is everybody following me,
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Agenda
Iowa City City Council
Regular Council Meeting , /'1J.
September 27, 199/V" ;,..PIl.. I f//Wj
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/k. Consider a resolution amending the Comprehensive Plan to change the
land use map designation of property located east of Harlocke Street
from 16-24 dwelling units per acre to 2-8 dwelling units per acre.
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Comment: See item j. above.
Action:
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Action:
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I. Public hearing on an amendment to the Comprehensive Plan to change
the land use map designation of property located on the north side of
Highway 1 West from 8 - 16 dwelling units per acre to 2-8 dwelling
units per acre.
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Comment: At its May 19, 1994, meeting, the Planning and Zoning
Commission, by a vote of 6-0-1, with Dierks abstaining, recommended
approval of the amendment of the Comprehensive Plan land use map
designation of the subject property from 8-16 dwelling units per acre to
2-8 dwelling units per acre. The Commission's recommendation is
consistent with the staff recommendation contained in the staff
memorandum dated May 5, 1994. Comments were received at the July
5, 1994, and the July 19, 1994, public hearings on this item.
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m. Consider a resolution amending the Comprehensive Plan to change the
land use map designation of property located on the north side of
Highway 1 from 8-16 dwelling units per acre to 2-8 dwelling units per
acre.
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Comment: See item I. above,
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Action:
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Agenda
Iowa City City Council
Regular Council Meeting
September 27, 1994
Page 10
n.
Public hearing on an ordinance amending the Zoning Ordinance by
changing the use regulations of approximately four acres of land, known
as the Jensen Tract, located east of Harlocke Street from RM-44, High
Density Multi-Family Residential, to RS-5, Low Density Single-Family
Residential. (REZ93-0007)
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Comment: At its May 21, 1994, meeting, the Planning and Zoning
Commission, by a vote of 4-2-1, with Scott and Jakobsen voting no and
Dierks abstaining, recommended approval of rezoning four acres of land
located east of Harlocke Street from RM-44 to RS-5. The Commission's
recommendation is consistent with the staff recommendation contained
in the staff memorandum dated May 5, 1994. Comments were received
at the July 5, 1994, and the July 19, 1994, public hearings on this item.
A protest petition has been submitted and thus a three-fourths majority
(6 of 7 membersl vote of the Council is required to pass this ordinance.
Staff has also prepared an ordinance rezoning this property to RS-8.
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Consider an ordinance amending the 'Zoning Ordinance by changing the
use regulations of approximately four acres of land, known as the
Jensen tract, located east of Harlocke Street from RM-44, High Density
Multi-Family Residential, to RS-5, Low Density Single-Family Residential.
(REZ93.0007) (First consideration)
Action:
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Agenda
Iowa City City Council
Regular Council Meeting
September 27, 1994
Page 11
p. Public hearing on an ordinance amending the Zoning Ordinance by
changing the use regulations of an approximate 11.5 acre tract of land,
known as the Ruppert tract, located generally north of Highway 1 West
from RM-44, High Density Multi-Family Residential, to RS-8, Medium
Density Single-family Residential. (REZ93.0007)
Comment: At its May 19, 1994, meeting, the Planning and Zoning
Commission, by a vote of 6-0-1, with Dierks abstaining, recommended
approval of a City-initiated application to rezone an approximate 11.5
acre tract of land located generally north of Highway 1 West from RM-
44 to RS-8, The Commission's recommendation is generally consistent
with the staff recommendation contained in the staff memorandum
dated May 5, 1944. Comments were received at the July 5, 1994, and
the July 19, 1994, public hearings on this item. A protest petition has
been submitted and thus a three-fourths majority vote of the Council is
required to pass this ordinance. Staff has also prepared an ordinance
rezoning this property to RS-5.
Action:
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.q. Consider an ordinance amending the Zoning Ordinance by changing the '
use regulations of an approximate 11.5 acre tract of land, known as the
Ruppert tract, located generally north of Highway 1 West from RM.44,
High Density Multi-Family Residential, to RS-8, Medium Density Single-
family Residential. (REZ93.0007) lFirst considerationl
Comment: See item p. above. ~ II/( 1/
r. Public hearing on an ordinance amending the Zoning Ordinance by
changing the use regulations of an approximate two acre tract of land
located generally on the west side of Harlocke Street from RM.44, High
Density Multi-Family Residential, to RS-5, Low Density Single.Family
Residential. lREZ93.0007l
Comment: At its May 19, 1994, meeting, the Planning and Zoning
Commission, by a vote of 6:0-1, with Dierks abstaining, recommended
approval of the rezoning of an approximate two acre tract of land
located generally on the west side of Harl,ocke Street from RM.44 to RS-
5. The Commission's recommendation is consistent with the staff
recommendation contained in the staff memorandum dated May 5,
1994'. Comments were received at the July 5, 1994, and the July 19,
1994, public hearings on this item. Staff has also prepared an ordinance
rezoning this property to RS-B.
Action:
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Agenda
, Iowa City City Council
Regular Council Meeting
September 27, 1994
Page 12
s. Consider an ordinance amending the Zoning Ordinance by changing the
use regulations of an approximate two acre tract of land located
generally on the west side of Harlocke Street from RM-44, High Density
Multi-Family Residential, to RS-5, Low Density Single-Family Residential.
(REZ93-0007) (First consid~rationl
Comment: See item r. above,
Action:
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1. Consider an ordinance amending the Zoning Ordinance to reclassify
hotel/motel uses as commercial uses. (Second consideration)
Comment: At its meeting of July 21, 1994, the Planning and Zoning
Commission by a vote of 6-0, recommended approval of amendments
to the definition of hotel (Section 14-68-2, the definition of motel
(Section 14-68-2, and the off-street parking requirements for hotels and
motels (Section 14-6N-11 to reclassify hotel and motel uses from
residential to commercial. The Commission's recommendation is
consistent,with the staff recommendation contained in the memorandum
dated July 21, 1994. No public comments were received at the
Council's August 30, 1994, public hearing on this item.
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Consider a resolution approving the final plat of Longfellow ~~ a ~
7.64 acre, 20 lot, residential subdivision located on the south side of the
1300 block of Sheridan Avenue, (60-day limitation period: September
27, 1994.) (SU894-0012)
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Agenda
Iowa City City Council
Regular Council Meeting
September 27, 1994
Page 13
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v. Consider an ordinance amending the Zoning Ordinance by changing the
use regulations for property located in the vicinity of the Mormon Trek
Boulevard/Highway 1 intersection from County A 1 to CI-1, Intensive
Commercial, and land northwest ofthe intersection from County R1A to
CO-1, Commercial Office. (REZ94-0007) (Pass and Adopt)
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Comment: At its May 19, 1994, meeting, the Planning and Zoning
Commission, by a vote of 6-1 , Dierks voting no, recommended approval
of rezoning land in the vicinity of the Mormon Trek Boulevard/Highway
1 intersection from County A 1 to CI-1, and rezoning land northwest of
the intersection from County R1 A to CO-1. The Commission's recom-
mendation is consistent with the staff recommendation contained in the
staff memorandum dated May 12, 1994. This item was deferred
pending approval of the annexation by the Development Board.
J) 101
Action: "I\.~ I ;l~f111iii.J dJ-f.v.J 1;; 1d..5
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w, Consider an ordinance amending the Zoning Ordinance by correcting the
legal description of the CB-5, Central Business Support, zone. (First
consideration)
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Comment: The ordinance rezoning areas south of Burlington Street from
CC-2 to CB-5 contained a scrivener's error in the legal description. This
ordinance corrects that error,
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Nov/ (#6W)
Throg/ Where is that scrivener,
Nov / Hanging by his thumbs somewhere, okay, we need a motion
please,
Moved by Throg, seconded by Lehman, Any discussion.
Baker/ I would just like to say that my students are thrilled by
this particular ordinance because I teach a story called
Bartlebee The Scrivener and they don't think it exists,
Nov/ Bartlebee exists right here in the civic Center,
Roll call- (Yes),
F092794
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Agenda
Iowa City City Council
Regular Council Meeting
September 27, 1994
Page 14
x. Consider a recommendation from the Planning and Zoning Commission
that the City impose full city design standards on subdivisions within the
two-mile extraterritorial fringe area, as provided under Iowa state law,
because of the Johnson County Board of Supervisors' disregard of the
fringe area agreement, and thus the City's interest in both rezonings and
approvals of subdivisions in the fringe area.
Comment: At its September 15, 1994, meeting, the Planning and
, Zoning Commission, by a vote of 6-0, recommended that the City
impose full city design standards on all subdivisions within the two mile
extraterritorial fringe area. The Commission indicated that the Johnson
County Board of Supervisors has recently disregarded the City's
recommendations pertaining to rezonings within the two-mile fringe area.
The Commission noted that State statutes grant the City the ability to
require full city design standards in terms of street width and design,
water mains and sanitary sewer lines, the City can enter into a fringe
area agreement with the County and thus waive these standards if the
City so chooses. Due to recent zoning and subdivision decisions made
by the County, the Commission indicated that the fringe area agreement
is not being adhered to and that it may be in the best interest of the City
to impose city design standards on all subdivisions. The Commission
noted that this; in essence, would be withdrawing from the fringe area
agreement.
Action:
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ITEM NO, 7 - PUBlICHEARINGONAMENDED1994COMMUNITYDEVEL9 MENTBLOCK
GRANT (CDBG) PROGRAM STATEMENT AND BUDGET,
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Comment: This public hearing is to receive citizen input on the City of Iowa
City's 1994 amended CDBG Program Statement and Budget. At its meeting
on September 21,1994, the Committee on Community Needs rer.ommended
the allocation of funds from carryover and program income to the Housing
Rehab Program, Towncrest Relocation Program, General Administration, and
Unprogrammed Funds.
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ITEM NO.8-
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CONSIDER A RESOLUTION AUTHORIZING AND APPROVING-MJAMENDED
1994 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
STATEMENT AND BUDGE!.
Comment:
See Item No, 7,
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Nov/ (#6x) It has been moved and seconded (Kubby/Baker). All in
favor say aye (ayes),
Throg/ It is not a trivial point is it. If we have a Fringe Area
Agreement you would expect both parties to be (can't hear).
And I don't want to be blaming the county or anything like
that, But we would expect that kind of treatment. So it is
important that we meet with the P/Z Commission to sort this
through ,and then decide whether we want to continue the
agreement or terminate it,
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Baker/ It is interesting that between last night and tonight that
in the various news stories that came out about the meetings
last night and what the issues were that of all the issues
that probably have the most profound implications this is the
one right here that needs to be most discussed and the public
should be aware of, So I hope that the press will follow up
on this and keep taps of it.
Kubby/ I think part of it comes from a different interpretation of
the same agreement, Whether it is used as a way to decide
issues or whether it is used as very loose guidelines as to
how to decide issues and we use it more as a regulatory tool
and the county uses the Fringe Area Agreement more as a
guideline for making decisions. And that has caused some
conflict,
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Throg/ All right, so the point is we have to have a shared
understanding and if the understanding is not,shared and they
are doing something that is counter to what our understanding
is, why have the agreement,
Kubby/ Or negotiate one that we can agree on,
Nov/ We will have to renegotiate and re-discuss all of this and
hopefully come to at least a conclusion with the P/Z
Commission and the county,
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Agenda
Iowa City City Council
Regular Council Meeting
September 27, 1994
Page 15
#M?~ 4d
ITEM NO.9- PUBLIC HEARING ON AN ORDINANCE AMENDING TITLE 3, "CITY FINANC-
ES, TAXATION AND FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES,
CHARGES, BONDS, FINES AND PENALTIES" OF THE CITY CODE, TO
INCREASE THE HOURLY PARKING RATE IN THE DUBUQUE STREET
PARKING RAMP IN IOWA CITY, IOWA,
Comment: This ordinance increases the hourly parking fees in the Dubuque
Street Parking Ramp from $0.45 to $0.50 per hour. The maximum daily
period for which hourly users in the Dubuque Street Ramp will be hilld .,.ftj kJ
oontiFll:l8 te be eight hours. c.e. a' ~..e 0 ..
Action: ~ 17~ iff ~<-V q f- /6 ate r
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ITEM NO, 10 - PUBLIC HEARING ON AN ORDINJCE AMENDING TITLE 3, "CITY FINANC-
ES, TAXATION AND FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES,
CHARGES, BONDS, FINES AND PENALTIES" OF THE CITY CODE, TO
INCREASE MONTHLY PARKING PERMIT FEES IN IOWA CITY, IOWA.
Comment: This ordinance increases monthly parking permit fees as follows:
Capitol Street Ramp from $55,00 per month to $60.00 per month, Dubuque
-Street Ramp and Linn Street Lot from $45.00 per month to $50.00 per
month, outlying lots (Rec Center, Swan Ramp, Civic Center, and Market
Street) from $35.00 per month to $40.00 per month, and City employee
permits from $17.50 per month to $20.00 per month.
Action: k /Onu :/Iq
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ITEM NO. 11 - ANNOUNCEMENT OF VACANCIES.k.(l~ ~
a. Previously Announced Vacancies.
(1) Riverfront and Natural Areas Commission . Three vacancies for
three-year terms ending December 1, 1997. (Terms of Jim Pugh,
Nancy Seiberling and Judy Plohl end.) These appointments will be
made at the October 11, 1994, meeting of the City Council.
(2) Board of Appeals - One vacancy for a building design professional
for a five-year term ending December 31, 1999. (Robert Carlson's
term ends.) This appointment will be made at the October 44',
1994, meeting of the City Council. 5
(3) Senior Center Commission - Two vacancies for three-year terms
ending December 31, 1997, (Terms 01 Tom Muller and Mark
Thompson end.l These appointments will be made at the October
21, 1994, meeting of the City Council.
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#9 page 1
Novl (#9) Moved by Rubby, seconded by Throg (to combine #9 and
#10). All in favor say aye-
Bakerl May we have clarification, You mentioned last night that
discussion of these should include the statement that none of
these are intended to be before 1995.
Nov I Okay, I said that one for the first one and not for the
second one. All of these, if they are adopted, will be
effective January 1, okay, (Ayes), Okay,
Tom Muller I I am a retired retailer, I spent 21 years in the
retailing business in d,t. Iowa city, I, at the present time,
have no interest whatsoever in any business in the d,t, I can
remember back in the days of urban renewal how excited and
pleased we were that the city council had taken it upon
themselves to build parking in support of business and
retailing in d. t. Iowa city, Support of- I do not ever
remember them saying they were going to turn it into a cash
cow to support anything other than the d,t, business activity.
The reason I am uptight is because the tax money that comes
from the businesses that are d,t" the successful businesses,
helps support the programs we want in our community, And I am
scared to death that you are going to take that cash cow and
run people out of business, And I don't know if you have ever
been to Council Bluffs, Iowa, Has anyone ever been in their
d,t. It is like
CHANGE TAPE TO REEL 94-111 SIDE 1
And the shopping center is completely empty, completely. The
parking ramp is very lightly used, And I just want-I am so
concerned and I like Larry's words profound implications
because you are dealing with some very profound implications
here to the economic health of this community and you are
going to force someone like me who retired to leave because
you are going to have to raise my taxes so high after you harm
this d,t, that I am not going to be able to live here. So I
am very emotionally concerned about it and I would like to
have you think about what was the reason for building those
ramps in the first place, It was just simply to support, You
took it upon yourself, You said nobody else can have parking
in d,t. Iowa city, just us, Now you do have a responsibility
because then you invited people to come in, you as the,
council, invited people to come in and develop the ground,
You have a continuing responsibility there, Please, don't
drop the ball, Thank you,
John MurphYI I am with the DTA and with Bremer's clothing d.t., one
of Iowa city's oldest merchants by the way and t. v. 'star,
F092794
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#9 page 2
Thank you, As I have done in the past, exactly a couple of
months ago, I have got a handout sheet I would like to pass
out to everybody, There is a couple of extra for the people
who aren I t here tonight, There are several people here
tonight who are going to talk on some of these issues and this
is just kind of a group of things that the DTA is concerned
about and I will just read through it quick and it you have
any questions on any of these items, I will answer them or I
know other people will hit on the items a little bit more in
depth. The board of directors of the DTA of Iowa city and
many of our members have several concerns regarding the
proposed rate increases in the Dubuque street Parking ramp and
permit parking fees. We disagree with any increases and our
reasons include 1-The city council formed the D,T,
Transportation Committee to study the Iowa City parking and
transit situation, There were several committee members that
represented the business community, Welre concerned about the
elasticity of parking fees, There is a concern that any
increase will have a direct negative affect on retail sales.
Now they decided before that any fees are increased they
request that the city explore economies in fixed rate and SEAT
service and begin a marketing program to increase ramp usage
by 10%. The committee as a whole agreed that the public image
of parking in the central business district could be greatly
improved with several minor improvements, The general
consensus was that all alternatives be explored before there
is any increase in hourly fees and that-I was on that
Transportation committee, too, and I think that really came
out of the group. I mean-look into the expense issues, The
sides of the Transit. The sides of the SEATS things. The
escalating costs there the last ten years, Try to draw more
people d,t, by doing better things in the ramp rather it is
signage or painting the ramps, having special promotions like
the Mall and the DTA are working on now to try to get people
in the ramps free for a night, There is a lot of things we
are trying to do but those things were intended to be done and
to try to save from having to raise rates by exploring other
alternatives and that is 100% I think what this Transportation
Committee came out to and I realize that we were told that
nothing would be done until next year, That all of a sudden
it is right back up again with-to go into affect January 1 and
I think several members of the Transportation committee did
not think that this would happen quite so quickly. 2-SEATS,
Transit and Parking have been pooled together but we still
feel that SEATS and Transit should be funded by city wide
taxes, an example of property taxes or something else and not
by d,t, parkers, Parking rates do not need to be increased.
There is a need to look at SEATS and Transit expenditures and
also to promote more usage and therefore profit from the d.t,
ramps, 3-We need to be realistic about the increased
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#9 page 3
challenges Iowa city faces from competition. Our parking
rates are already amongst the highest in the state and we need
to keep them reasonable for our customers. 4-The community
response regarding this issue was overwhelming when it came up
three months ago in June. Remember the Press citizen letters
to the editor on June 14 of this year, And to display it
again, there were a lot of concerns, The whole community-this
was just one of the pages, I think this is one of two, This
is a whole community thing, You are going to here from a
variety of d,t. people and community members tonight and its
broad spread and I urge you to vote no,
Throg/ John, point of clarification here, The letters that you just
referred to in the Press citizen referred to the original
proposal about raising rates substantially in both Old capitol
and Dubuque for hourly parkers, This proposal is quite
different,
Murphy/ Yes, this is just five cents.
Throg/ And it doesn't apply to Old capitol Mall at all,
Murphy/ No, But it is still an increase and it goes against the
D.T, Transportation Committee,
Throg/ Just thinking of clarification because the letters were all
written against-
Murphy/ Right, No, it was the talk at that time was 10-15 cents I
think, But-
Baker/ I also want to clarify that we are talking about raising
Dubuque to the same level that the Capitol street Ramp is
currently at, That is also your understanding as well.
Murphy/ Right, But there are a lot of things going on and a a lot
of expenses I think that need to be looked at and a lot of
potential competition that we might know more about in a few
months. We don't think it is time to raise it and I don't
think it needs to be raised, We've gone along with the 8:00
to 9:00, at least the DTA has, I know not all of d.t. has,
Parking enforcement on the meters and hopefully that will
raise some money and we have accepted that one.
Baker/ John, can I get some clarification on the distinction if
there is any in your mind or the DTA I S mind between the
potential adverse affects of raising the Dubuque street Ramp
and/or raising the ramp permit rates, Are those equally
damaging in your mind or-
F092794
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#9 page 4
Murphy/ To a degree, I think the rasing it the nickel is probably
more damaging than the long term from my concept but-I hear
craig Welt back there mumbling, But I know that, as I thought
about it more, and I know especially in my business, a lot of
my business-the core business-is the d,t, businessman. The
banker, the lawyer, the person that works d,t, takes, whether
it is the bus or drives his car, he is the person that works
d, t, That is the good base of my customer, So if we
disappoint an insurance company and decide not to work d,t,
and move their offices elsewhere or any other group, I know
a lot of bankers, Some of these bigger companies that pay
their monthly permit fees for their employees, I know some
that will go from $7000 to $8000 now, If that happens I am
still c~ncerned about that now, Overall I just don't want to
see any increase I think at this time, I just don't like the
way the whole thing has transacted,
Baker/ Okay, and you are also concerned that the nickel at the
Dubuque Street Ramp will have an adverse impact on retail
shoppers.
Murphy / Can't help, Not in this day and age when there is
potential competition, We don't need to do anything to our
d.t" any negative to our d,t, right now.
Baker/ okay, Thank you,
Murphy/ Thank you,
Craig Welt/ I also served on the D,T. Transportation Committee and
one of the things that I know was mentioned during that
process of three-four meetings that we had was that, and this
came from council and from staff members as well, it was the
goal to raise $100,000 and that was support increased expenses
that were going to be incurred because of the Transit system.
And I think, you know, I turn around and see we want to
increase here on rates and our committee, the consensus was
raising rates was a last resort and not a first resort. And
it seems we are going right straight to the first resort, We
had several issues that we raised, Things that could make the
ramp more convenient, more accessible, easier for people, more
customer friendly and those don't seem to be under
consideration at all at this point, All we needed to do was
raise the usage by 10% and you got your $100,000 and there is
no effort being made to do that. The committee and of these
ideas in terms of raising usage, some of them were city
finance like lights and painting and things like that, The
flyer that you just have had sent around in front of you is
something that the DTA is doing, And if I could direct your
attention to the bottom, the Fall Concert Series is being
F092794
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#9 page 5
moved inside the Old capitol Mall but free parking is going to
be provided by the DTA, Now the DTA is trying to do something
to increase the usage in the ramp and I think it is only
appropriate that the city council try to do something to
increase the usage of the ramp as well, As far as the impact
on businesses, I mean John has addressed the retail side of
it, We are an insurance agency. Now we provide parking
permits to all of our employees, We have 11 people right now
and we pay that expense, And if you raise it $5,00 a month
that gives me the equivalent of $7000. I can go out in the
fringe and I can buy land out in the fringe somewhere and pay
$7000 more for it and move our office, Just the increase
gives me $7000 by the time you finance that thing out, And my
customers all complain about parking, And there is nothing
you can probably do to make parking a whole lot more
convenient d, t. But there are things that you can do to
change the perception and clearly there is a perception that
parking is a problem d,t, I really encourage you to explore
that, I guess my conclusion is if it is the wishes of the
council to go ahead with an increase then my time on this D.T.
Transit Committee was a waste of time, I should have just
gone out and stayed out on the softball diamonds and watched
my daughters play softball and the other conclusion is I might
as well move my offices as soon as I can, Thank you,
Baker/ craig, before you sit down, I just want to clarify a couple
of things. One, the subcommittee had talked about forming two
subsequent committees to deal with particular issues about the
maintenancing the physical appearance of the ramps and
advertising and promotion, And I don't know if you are aware
of this or not but when we discussed putting these issues on
the agenda tonight we also directed staff to start that
process and we made a commitment to follow through on that
process to spend additional money in advertising and
maintenance and that is part of the implicit package here that
we are talking about. And so it is not that that was ignored.
In fact, your participation and the other members of the
committees participation has substantially changed the
original direction that the council started with, We no
longer are considering any changes in the Old capitol Ramp.
We are talking about spending more money on maintenance than
we were talking about before and I think we have a clear
commitment on the council to spend millions of dollars for a
new parking ramp south of Burlington somewhere which is going
to come and be part of a redevelopment package for that whole
area, It is not that-I don't want you to walk away with the
idea it was wasted time and effort, We came back and
rethought the direction we were going and we changed that
direction. We modified it and we put these on the agenda to
discuss for the 1 January, 1995, Your input and everybody
F092794
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#9 page 6
else in there was extremely valuable and it did make a
difference,
Welt/ Well, I appreciate hearing that, I mean as far as the
commi ttee' s choice of increased being of last resort that
hasn't changed. I mean, it seems like increase is still a top
priority of the council,
Baker/ As you remember there was much discussion on the committee
what are possible funding sources, the 8:00 to 9:00 AM didn't
seem to be a problem, There wasn't a strong consensus about
the parking permit fee increase, You feel very strongly about
it, other people that I have talked too don't-
Welt/ Retail needs to be sensitive to that as well because as John
just told you, the business people d, t, probably supply a
significant amount of the retail trade, And if you are
increasing, and I am not the only one that pays for parking
permits d.t, There is a lot of other business people that do
it too,
Baker/ I don't want to get into-the purpose of a p.h. is not for us
to debate. It is to hear from you, So I don't want to get
into that. But I have one question, just a policy or
procedural question just as a business person, Your are
paying for a full price of a permit for your employees now.
We're talking about raising it $5,00, Why is it not feasible
to simply tell your employee that if you want this permit you
have to pick up the $5.00 on your own instead of the business
picking up the cost.
Welt/ Larry, I don't want to get into-If you want to get into a
debate, I will debate that issue, But I am not going to have
government tell me how to run my business inside and out, It
has been our policy to pick that expense up for employees and
we don't want to turn around and start passing the buck onto
them, But I mean they all vote too I guess, That is the
bottom line.
Baker/ I don't want to tell you how to run your business and I
don't think that is our purpose up here, But there are
questions about when assumptions are made, we have to ask
questions about why this and why that, The logical question-
Welt/ You mean business people, We are getting it from all angles,
We are not just getting it from the local government, The
state has got things that they want to do and commercial
property taxes has increase 10% this year and we have got
national health care that is trying to be passed, It won't be
done this year but it will be coming down the road, I mean
F092794
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#9 page 7
there is all kinds of things that we are being asked as
business people to pick up the tab on and what isn't being
recognized is this little incremental thing is growing into an
'enormous tax burden on the business community and nobody want
to recognize that,
Baker/ I just want to reemphasize that it is not simply us taking,
taking, taking, We do plan on spending money d,t, there for
development.
Nov/ Okay.
Baker/ I am sorry, I didn't mean to prolong this,
Nov/ We understand, We heard you,
Dennis Visser/ I live at 113 Post Road and I have a business d,t.
at 328 East Washington and I would like to address the issue
about the raising in the hourly fee as well as the monthly
parking permit and I would urge you to vote no for the
following reasons, It is my understanding that we would like
to have d,t. a good place to live, shop and work. Now there
are a large number of individuals who cannot live d,t, and
many of those people do like to shop d,t, and would like to
work d,t, for many of the amenities that have been developed
over the last number of years, And what I see as the increase
in both the hourly fee as well as the monthly parking permit
is a negative statement to people who are constantly voting
everyday with their feet and this is why we see urban sprawl
that is happening as well as outlet malls that take away the
d,t, strength that we did have and we do have but we are right
on a precipitous balance and it is my suggestion that a vote
for these increases is a vote for increasing urban sprawl and
the use of very valuable natural resources that could be
compactly utilized d.t, Ten years ago I put a lot of energy
into developing an old building just a block away from here
which I think was based on the premise of what Mr, Muller said
was a vision of what the d, t, could be like and if we
continuously increase these costs for both those at work and
would like to shop d,t, it will make it very unattractive to
continue that type of activity from an employer's standpoint
and will force us to go outside of town or discourage people
from coming d,t, which makes our business a viable tax paying
entity, jobs who people pay taxes and those sorts of things.
The bottom line is that it affects our net income and our net
income is what we spend d,t, and we spend at other places.
And ultimately it does also affect what we contribute to the
community and I would suggest that what happens in things like
United Way, The bottom line is if we have to spend dollars
such as that we cannot make contributions back into the
F092794
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#9 page 8
community, So if you are focusing on just this particular
area I would recommend that we vote no and hear what has been
talked about to this point. Thank you for your consideration.
Nov/ Dennis, did you say what your business is,
Visser/ Yes, I have an insurance agency, Northwestern Mutual Life
which is at 328 E, Washington street,
Jean Gilpin/ Good evening, Here we are again just a few months
later, I am a business owner of Preferred stock in d,t. Iowa
City and I guess I have a question to the council and that
would be this: Is there a need for an increase at this point,
You don I t have to answer eight now but if somebody has an
answer, Is there a need for an increase at this point,
Baker/ Yeah,
Gilpin/ Yes? Okay, what does that mean, What is the reason to
raise right now, I guess I-Maybe you all have different
opinions on that but as some consensus from the council, ius
there any,
Baker/ I don't know if there is consensus from the council, I will
speak for myself only, Yes, I think we ought to look at
increasing certain fees related to parking d. t, that relate to
the entire transportation system for the city,
Gilpin/ Okay, I guess my feeling is if there was a good reason and
good is a relative term. But if there was a good reason to
increase the parking fee, whether it be an hourly rate or the
monthly, If there was a good reason to compensate for the
actual parking system whether it be to build the new ramp or
an ad campaign to battle against or to improve the perception
of the parking in d.t" I think must of us would be supportive
of that, Two years ago when we increased the rates to build
the new ramp that is right across the street from here I think
most businesses went along with that, We were supportive of
that, I think right now we feel that there isn't particularly
we feel a good reason to increase the parking rates because it
isn't compensating the parking situation, That would be at
least my perception, I think to raise or to increase the
rates because we can sets a bad precedence, It only magnifies
the already poor parking perception, So, again, this whole
cash cow thing, I think we don't need to milk this without
exploring other equitable means of raising additional funds
for Iowa city, The is one point. I really feel like the
council needs to support d,t, businesses. I mean I think you
all need to help insure the vitality of a positive business
climate d,t, We pay taxes d.t, and a lot of them as people
F092794
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#9 page 9
have alluded to, We sponsor Friday Night Concert Series, We
constantly give donations whether it is united Way, bought
tickets to the Seratoma Fly In, I mean there are constantly
people coming through our door, High School students,
fraterni ties, sororities asking for donations and we are
constantly being asked to support those kinds of activities,
If it is made too difficult to make a profit d,t. running a
business, we are not going to be able to support all of those
other activities, And I guess I would ask you to think about
that and I think that point has been brought by a few other
folks too, So-Another thing I would like to say is that I
mean I talk with my business neighbors on a daily basis. I
talk with my customers and I mean I hear stories on a daily
basis about customers who you know have had it with the ramps,
They are inconvenient, The parking rates are increasing and
they are refusing to come d,t, They would rather drive, pay
extra in gas money, pay for the wear and tear on their car, to
drive to Westdale Mall or wherever, I mean they are at that
point where they are telling us that they are not coming d,t,
because they have had it, I hear these stories everyday. I
have business neighbors down the block that are saying if this
mall comes to Coralville they are there. They are leaving d.t,
and I think I would invite anyone of you to come to my
business and come and talk to my business neighbors and come
and talk to me customers, I mean I am not making these stories
up, They come in, they talk to me, they tell me. So, again,
I would invite you all. You know, if there is some disbelief
here, you know, come on down, They will shall your stories
just like I am, I guess the last thing I want to say is that
I voted for many of you that are on the council to serve me as
a positive voice, Not only as a private citizen but as a
business person in the d,t. And I tell you what, if you vote
yes for this ramp increase and I know that I am scaring you a
lot and if you vote yes for this permit increase I don't feel
like you are representing my best interests or the interests
of local citizens. So when your election time rolls around
again and I don't vote yes for you to represent me again.
Rather I choose a pro-business candidate who realizes the
importance of a strong and viable d,t, Don't be surprised.
Thank you.
Kubby/ okay, we are talking about a nickel, right. Okay,
Gilpin/ But it is an increase, Karen, It is not ten and it is not
fifteen but it is an increase.
KUbby/ We also have stated that we are going to be spending more
money than we usually do on maintenance, esthetics and signage
to help you deal with the perception, the negative perception
about parking which we all agree that is out there.
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#9 page 10
Gilpin/ And we already have money for that, don't we,
Kubby/ Well, that is a matter if interpretation, When you look at
we are dealing with a new conception of looking at our whole
transportation system in the community and when you look at
that we subsidize cars more than any other mode of
transportation in a grand way and when we balance that with a
nickel increase and for me the nickel increase is even more
attractive when we talk about spending even more money on the
ramps, I mean I am not totally bought into one way of
thinking or another, But when we talk about putting different
signage so people know there are spots available in the ramps
so when they drive by they see something that says 40 spaces
left, I don't know how we are going to do it but so that they
know it is not full, That costs money, That costs money for
capital costs, for maintenance, for monitoring to make sure it
is working right. I don't know what the options are for all of
the things we are going to do but I feel like people aren't
hearing that we are going to be investing, That all we are
doing is taxing and actually we are not taxing, We are
charging a users fee. We are not taxing the businesses. We
are charging a fee for parking in a public facility, And we
are also at the same time investing in the d,t, businesses
with this other commitment we make and I just feel like no one
is hearing that,
Gilpin/ I don' think that has been made very clear,
Kubby/ We can still vote it down and make that investment, But I
guess I want that acknowledgement that we have said we are
going to invest and that we do support d,t, businesses,
philosophically because they are small businesses and that is
where the employment is and practically because that is the
heart of the city and it is crucial that we keep d,t, viable,
I don't think anybody up here has stated anything different,
Throg/ There at least a couple of things that haven I t been
mentioned either but were referred to in John's opening
remarks, We are obviously pursuing economies with regards to
SEATS, I don't know why there is all the controversy over the
proposed reduction, You know fear of reduction and services
and all of that with regard to SEATS, We are looking at
changing the route structure for the Transit system and the
purpose of that is to achieve economies with regard the
servicing the public with Transit and again, that doesn't seem
to be acknowledged, I have got to be real frank, something I
am really astonished by and let me preface all of this by
saying I don't know how I am going to vote on this, But I am
really astonished by the general tone of the remarks in
general because they all sound just like they sounded two or
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#9 page 11
three months ago as if there was nothing any different and it
is quite different, The proposal that you have before you is
quite different and we have done all the other things that
Karen and Larry and I just referred to.
Gilpin/ It is an increase Jim,
Throg/ If you still oppose it I would understand that but my gosh,
KUbby/ All right, so the bottom line is like no increase, I mean
that is what I am hearing,
Gilpin/ Bingo, I guess maybe I am uninformed but this is the first
time hearing what you are saying about that we are having
these subcommittees doing research into these other things,
This is the first I have heard about the fact that we are
going to be spending money to promote the ramps, paint them,
maintenance, blah, blah, blah and I think those are things
that we have talked about at least from the DTA, I was
president four years ago, and we have talked about better
signs, let's make them more attractive, more user friendly,
So these are things, as far as I am concerned, that should
have been being done already,
Kubby/ Maybe it is a communication problem on our part. I am not
saying these are how-the p,h, is happening about the
increases, The increase proposal has been changed drastically
in our view and we investing in these ways and we are looking
at Transit and SEATS in these following ways, So may that is
a communication problem on our part to make sure that people
are aware of the other activities that go along with this.
Gilpin/ My last comment is however again that there is money in the
budge, right, and my feeling is that some of these things
should have already been done without having to increase to
cover the cost, I think there is already money there and it is
a positive step forward and we should be doing it and ~le
should have been doing it already and there is already money
to cover it, So, let's do it, Right,
Nov / About the only thing that we don't have money ready to
currently do is another ramp south of Burlington and sometimes
when we have to increase rates we have to plan ahead a little
bit. You can't do all of the advertising and maintenance and
save money for a new ramp all at the same time, So, sometime
between now and January 1 we will really look this carefully
and we will vote on it,
Lehman/ Naomi, as much as I hesitate to comment at a p,h, I feel
compelled to comment on this one. If in fact parking fees are
F092794
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#9 page 12
user fees, what I hear you saying is users fees pay for the
facility, They don't fund something else. If in fact we have
this cow that is making us money, why don't we use that money
to do the things we are talking about, If in fact we have two
other systems in the Transit that are costing us money, why
don't we look at those. I am not sure we are doing that. We
are trying to cut costs here or there, But what I hear you
saying is yeah, we will raise the rates, we will buy that, but
give us a good reason, And I don't see it any different from
three months ago, I don't see a thing different, And I do
recall Larry and I think the parking committee did, What we
heard at the parking committee was we will try to increase
usership of the ramps up to 10% before we decide to raise the
rates, And we are doing precisely the opposite, We are
talking about raising the rates before we have done anything,
Kubby / It is not before anything. We had a program that Joe
instituted, I don't know whose idea it was to offer people
coming out of the parking ramps some Transit passes so that
people who could choose to get into another habit using
Transit would free up spaces for short term retail sue, to
free up and help with that perception, We have talked about-
so, don't say anything,
Murphy/ Why I came back up is because, Jim, I think the reason we
are upset was because the intention was to give these
expense issues some time to work, You know, you haven't
given them time to worle I haven't seen any expense
control saving thing in the paper about SEATS or about
the Transit system yet, And I think that is why we are-
Throg/ You mean a final decision,
Murphy
/ Yeah, I mean that was the intention,
were told, I haven't seen it,
That is what we
Kubby/ Point well taken.
Nov/ What we are doing now John is a bit of simultaneous
discussion, The SEATS discussion is tomorrow morning and all
of these things are really being considered, nothing is being
decided, Was there anyone else who wants to talk about this.
craig Gustaveson/ I am the manager of Austin Burke Clothiers d,t.
Karen, you made a comment that you don't think people are
hearing what you have to say and I guess as a businessman and
a customer d,t, I sometimes feel the council is hearing us but
they are not listening to us. Everyday, as Jean has
mentioned, I hear over and over again. In fact this weekend I
had two customers come up to me and said we have had it with
F092794
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#9 page 13
d,t, I will go to Westdale Mall. It is much more convenient,
It is the increase in the parking ramp for one thing, It is
the all of a sudden have to come d. t, and now you are
enforcing meters from 8:00 on, It is those little increments
along the line that add up to one big problem, And that is
what we are seeing in d,t, We don't feel like you are
listening to us. You may be hearing us but I don't think you
are hearing what we are saying, We are very concerned about
d,t, We made a commitment ten years ago to make it a viable
d,t, We feel like we are getting away from that, I am hearing
day in and day out, people saying I am not coming d,t. anymore
and they give me a list of reasons, Parking, the expense of
parking, and as Craig made the comment, I am concerned about
a $5,00 increase to somebody who has 11 employees, You take
somebody who maybe has 50-75 employees and maybe they are
using that as one of the perks to have their employees, They
are going let's go out to industrial park. Let's go out
someplace outside of town where we have on-site parking, Much
more convenient for our customers, much more convenient for
our employees, We don't have to sorry about the hassles of
parking, We see businesses that are looking at the
Coralville, If they see that opening up they are going to
leave d.t, because of the ease of parking, Any increase we
have in parking is going to have a detrimental affect on d,t.
Iowa city. We have seen it happen over the last 5-6 years.
Most of us are saying we don't have the customer count that we
had 4-5 years ago. A lot of people are leaving d.t, Iowa city
and shopping at Tanger Outlet Mall, at Westdale Mall. It is
further to drive but there is convenience and that is the one
thing we don't have in d.t. Iowa City, We need to make sure
that our customers have a reason to come d,t, Iowa city and we
have tried very hard as a DTA, as we have stated before, with
the Friday Night Concerts and making activities that are
enjoyable for families to come down, To use the ramps, to
become familiar with the ramps, to find out that they are
maybe not as difficult to sue as they think they are, The
newest ramp that we just built I think is wonderful. I mean
whenever I come d.t, that is where I park, It is convenient.
It is easy to use, Some of the other ones I would like to say
are that easy but they are not, That is a perception we have
to overcome and anytime we increase rates we do ever thing, it
seems like, we can to discourage people from coming d,t, and
it is having a tremendous affect. We are seeing it already,
It is not just the clothing business, It is restaurants, It
is everything, Please don't vote for it, You are going to
see a decrease in revenues from businesses, We are going to
see a decrease in the taxes we take in and it is going to hurt
Iowa city d,t, and Iowa city overall,
Nov/ Thank you, Would anyone else like to discuss this item, Okay.
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#9 page 14
The p,h, is closed,
Karr/ Could we have a motion to accept correspondence,
Nov/ (Moved and seconded to accept correspondence Throg/Kubby).
All in favor say aye (ayes). I remembered that time,
KUbby/ Thank you for the calendar about the events, I think this
is a wonderful contribution,
Nov/ I have a calendar question, Marian, if we are dealing with
voting and publishing and getting it done before the first of
January, when would we expect to first vote on this issue.
Karr / That depends a little bit on council's December meeting
schedule couple with combining the votes, If you are backing
it up to a normal schedule, backing it up to three council
meetings, you would probably vote at the end of November for
the first time, Your last meeting in November for your first
reading,
Nov/ If we are going to vote in the last meeting in November which
is somewhere around the 21 of November hopefully, Then anyone
who would like to address the council on this topic please
send us a letter, Let us know what you think about it. DO it
soon,
Kubby/ I know that we said January 1, One problem that we are
trying to avoid is to not do an increase before holiday
activity d.t, which increases tremendously and is a large
portion of a retails business year, If we vote on this and if
there is a majority to say yes to this even though it won't be
implemented until January, will we have a perception problem
that we create for d.t, by voting on it in November and people
thinking it will be implemented immediately, And maybe-
Baker/ I think it is a good idea, I have no problem with moving it
back to January as far as a vote goes.
Atkins/ voting in January.
Baker/ voting in January,
Atkins/ I would like to ask Joe a question, What kind of time, if
the council would choose to make these changes, what kind of
lead time do you need. I assume you have to change cash
registers, computers and assorted other things,
Joe Fowler/ The minimum time would probably be two weeks. It
wouldn I t take a major time to get it done, We have to
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reprogram and then load it on the computers, The $5,00 permit
fee if it increased after the first of the year it would go
into affect then in April,
#9 page 15
Nov/ Quarterly billing on that.
Kubby/ I think that perception thing, whether we vote it up or
down, is really crucial,
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agrees in the next meeting or the meeting after next could you
give us a brief update on the status of those other projects
that we talked about in subcommittees: the signage and
maintenance and how that is proceeding along and just an
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Kubby/ Good idea, Larry,
Nov/ Well, since we finished all of our p,h,s, the council is going
to take a break, We will be back in about five minutes,
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Agenda
Iowa City City Council
Regular Council Meeting
September 27, 1994
Page 16
b. Current vacancies.
(1) Parks and Recreation Commission - Two vacancies for four-year
terms ending January 1, 1999. (Terms of Bill Brandt and Dee
Vanderhoef end.)
(2) Human Rights Commission - Three vacancies for three-year terms
ending January 1, 1998. (Terms of Jason Chen, Sara Mehlin and
Pamela Dautremont end.)
(3) Board of Adjustment - One vacancy for a five-year term ending
January 1, 2000. (Catherine Johnson's term ends.)
These appointments will be made at the November 8, 1994, meeting of
the City Council.
ITEM NO. 12 - CITY COUNCIL APPOINTMENTS
I
a. Consider an appointment to the Design Review Committee to fill an
unexpired term ending July 1, 1995. (Kim Merker resigned.)
Action: i{,J4'! 1Jw~( ~. ~ 1t+
N~ g ~}~t?) lJ,f (/v.L.)
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ITEM NO. 13. CITY COUNCIL INFORMATION.
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ITEM NO. 14. REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY.
a. City Manager.
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#13 page 1
NoV/ (#13) city council Information
Nov/ Ernie, do you want to begin.
Lehman/ Seems how we are talking about parking tonight I would like
to talk a little bit about the loading zones d,t, We have
commercial loading zones and we have loading zones for folks
who park for I think it is 15 minute limits, From a practical
standpoint the commercial parking zones are being used by
regular vehicles, people who are shopping or picking something
up. They are getting $5.00 tickets, The commercial vehicles
are having to double park on the streets. I would like us to
consider putting meters in both the commercial loading zones
and the regular loading zones. 15 minute meters, I think we
will accomplish a couple of things, It will eliminate a lot
of folks who are very unhappy about getting $5,00 tickets in
commercial zones because they don't read the signs. And
second, I think enforcement will be a lot simpler, We won't
have meter maids running around putting the item on tires so
they can go back and give them a ticket in 15 minutes. I
think it would make things a lot smoother d,t, I think we
should consider that,
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Kubby/ And then you suggested last night, too, that instead of
calling one a loading zone and one a commercial loading zone
that they all just be loading zones,
NoV/ And we are going to expect the UPS truck or its equivalent to
put money in the meter.
Lehman/ Joe told me tonight that for loading and unloading you are
not required to put money in the meter. So they would not get
a ticket anyway.
Kubby/ So what about the commercial regular private vehicle but
they have a sign like in front of the jewelry store on
Washington Street and in front of the bank, That have the
magnetic sign on the car, They have the right then as a
business then to load and unload without plugging a meter that
is in the loading zone,
Lehman/ Interesting.
Nov/ More complicated,
Fowler/ 15 minutes for a signed commercial vehicle while they are
actually in the process, It would not be of loading and
unloading. It would be 15 minute free parking while I stopped
to go do some business.
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F092794
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#13 page 2
Kubby/ There has to be some activity,
Fowler/ It would be activity, That you would have to be able to see
activity of removing merchandise or putting merchandise on,
Kubby/ Okay, Thanks, I am willing to look at it,
Atkins/ We will prepare a memo,
Nov/ Joe, while you are here, I think we need to clarify among
ourselves whether we are going to wait until after the 1
January for that vote on increased fees,
Kubby/ I would like to wait,
Throg/ Yes, we should,
Atkins/ After January,
Throg/ Yes,
Atkins/Okay.
Nov/ Unless we-
Atkins/ Vote in-
Kubby/ Vote in January,
Atkins/ Vote in January for implementation sometime thereafter.
Throg/ If we in fact adopt it.
Atkins/ Yes, I mean consideration of the item in January,
Nov / Okay, If we do first consideration in January ~le will
probably have a publication and implementation sometime in
February, Approximately a month,
Kubby/ Accept for the permits would be in April.
Nov/ And we did have four people here who seemed to think that that
was okay,
Atkins/ We will schedule it in that fashion.
Nov / It just wasn I t quite clear and we have been asked for
clarification, Thank you, Joe,
Nov/ Now we need city council information from Karen.
F092794
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Kubby/ We got a letter in our stack last night from Charlie Duffy
and I read it kind of quickly and I wasn't sure whether we
were suppose to make individual appointments to visit senior
Dining, have a meal and talk to people at the Senior Center or
do it as a group and Tom Muller clarified that it is a group,
So we need to come up with some dates or something when we can
go to Senior Dining together to tour the facilities, have
lunch, hang out,
Baker/ Is it a date flexible or is it a set date,
Nov/ It is anytime in october, isn't it, At least that is the way
that I read it.
Kubby/ Well, it is during October, So maybe at our next formal
meeting we can spend some time finding a day from 11:45 to
1:00 or whenever it would end that would work for the most
people,
Nov/ And we can do this among ourselves, We don't have to have a
formal meeting, do we,
Kubby/ No, it is just easier when we are all here instead of having
Marian or Lorraine make 20 phone calls, At our next informal
meeting, bring your calendars,
Nov/ We are going to have a meeting on the 4 October which is not
necessarily a formal meeting, It is a work session, But if
we all bring our calendars we could then choose a date,
Kubby/ I will bring this piece of paper to remind me, Maybe Steve
can help,
We also-a couple of times it has been
CHANGE TAPE TO REEL 94-111 SIDE 2
in terms of having some documentation that some wetlands were
non-jurisdictional or weren't there but the piece of paper is
in Public Works and it is there and so since the city Clerk
for the general public is the keeper of all records for the
city it seems maybe appropriate for those kinds of things to
make sure they are filed in the city Clerks office as well as
in the Public Works Department, Anybody have a problem with
that kind of thing, '
Atkins/ There is an occasional time they might get-Make it a
routine of seeing that Marian has a copy.
KUbby/ Okay because I know people know to go to her for stuff,
F092794
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#13
page 4
And that one was kind of interesting to me also because
whoever someone spoke to in the city Clerks office did not say
walk over next door to Public Works and see that piece of
paper,
Atkins/ They may not have known. Quite frankly what I heard about
the jurisdictional wetland letter-I went huh, I am not so sure
I would have known where to look for the thing.
Nov/
Nov/ Well, we also could have a little better line of communication
so that anybody could answer that kind of question. We just
know-
Atkins/ I will take care of it.
Kubby/ The last item I wanted to bring up was every year we have an
Energy Use Report and I always like to outline some of the
things in it because people are always talking about how
government is getting bigger and government doesn't do
anything to cut costs and this is somewhere where we have put
in a lot of energy and we have saved a lot of energy, Since
1980 we have saved $3,4 million on energy costs, We have
reduced our energy usage since that time by 41% and that means
that staff on a daily basis are doing things to conserve
energy, We have a half time energy coordinator who is in
charge of the program. His positions paid for, the capital
improvements we make to save energy are paid for, the money we
save is reinvested into the program, But we save more money
than we spent on the program. So it is a way we can buffer our
General Revenue Fund, It is not tons of money that we are
saving in there that we don I t have to then raise taxes to
create that money for programs, But it is a way that we are
making good strides. And every year the energy coordinator
outlines what departments have done well in energy savings and
which have fallen behind in energy savings and then goes to
those departments and figures out what is going awry and
compliments them if it is going well, I wanted to compliment
one particular department. The Senior Center, That last year
had a real decrease in energy efficiency and this year,
through their efforts-I am not quite sure the exact efforts
that they have done, have increased their energy efficiency by
10%, So it is real important to recognize those kinds of
efforts because it is daily things that make it happen and
commi tment on our staff people I s part, The southeast and west
side fire station also had almost 30$ in increase in gaining
efficiency which is significant. It should be recognized,
Nov / The Senior Center probably had their windows sealed or
something like that because that is an old building,
F092794
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#13 page 5
Kubby/ And it is paying off already,
Atkins/ The other way of looking at it is it is $250,000 a year
that we don't have to budget. In more simple terms in energy
savings.
Nov/ And we have saved all of this money in spite of increased
rates over the ten years,
Atkins/ Right,
Nov/ We are really doing well in that department.
Kubby/ That is all I have, thank you.
Nov/ Jim-
Throg/ Well, I would just like to make a few points. One has to do
with a statement I made a few minutes ago about SEATS, I said
that we are exploring economies with regard to SEATS to using-
saving money in running the operation. But I also made a
fleeting reference to reducing services and I just want to
make it real clear to our friends in the audience that we have
no intention what so ever in reducing the services of SEATS
and I am sure that this council wouldn't support doing that,
So I hope nobody misunderstood what I meant,
Nov/ We all understood what you meant,
Throg/ I know but there is this great fear about reducing the level
and quality of service and we have no intention whatsoever of
doing that,
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Throg/ I guess I would also like to praise Karen and probably
others of you for helping work on the Shimelc playground over
the weekend,
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Kubby/ Larry was there,
Throg/ I didn't see Larry but I was there so briefly,
Nov/ I was there for a while, Susan was there for a while, I think
they caught everybody,
Throg/ It was a good thing,
Kubby/ In Swahili the word for that kind of activity is herambe,
may we all come together, and it is how schools are built,
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#13 page 6
houses are built, It was like an old fashion barn rasing and
it really felt good to be there,
Throg/ Which brings up a point, I was just going to mention
Chauncey Swan Park, It has been sort of opened up and more
equipment has been placed there, It is really very pleasant
to walk through it, I haven't sat there having lunch there or
whatever really experiencing it but it feels pretty good, So
why not have some sort of opening celebration or a little
party over there for city staff and council.
Atkins/ By the way it is also an investment of your parking fund,
Throg/ Why not celebrate it officially.
Atkins/ Some sort of ribbon cutting open house whatever, Sure, I
will check-
.
Nov/ I have one more comment about Shimek School. The architect of
this playground came from New York, I am not sure what city
in New York, But they thought the folks in Iowa city who
volunteered to do the construction under their direction were
terrific, The one man just kept running around saying I love
this place, I love this place,
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Kubby / He was
directors,
volunteers
very interesting. He and Bonnie were great
To work with a number of skilled and unskilled
and to have it still go smoothly was incredible,
Nov/ And you lmow Elvis was incognito, That wasn't really his
name,
Kubby/ I asked him to sing and he wouldn't,
Nov/ Yes, a sure test, Anything else, Jim,
,! ,!'
Throg/ No, thanks.
Nov/ Larry-
Baker/ You all have taken all my stuff about Shimek here, I was
going to say nice things about those people. I worked out
there and I pointed out to Bob Dvorsky as he was carrying big
sticks of wood-
',.
Atkins/ Lumber.
Baker/ Yeah, carrying
I told him, Bob,
unskilled labor,
that around and I was working like a saw,
this is the difference between skilled and
And he didn't quite get it but I think the
F092794
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#13 page 7
point was made that they put people to work that had
enthusiasm more than ability probably in some cases and I
don't think there was any of the lost fingers or anything like
that, I was very pleased to be out there, It was a rainy day
when I was out there and Karen was out there and I built one
the slides or helped build one of the slides out there and I
wanted to get the first slide but that didn't work out but I
think everybody involved in that project that organized it and
participated ought to be congratulated and I was pleased to be
there, The second thing, I had a couple of phone calls from
I don't know if these were teachers or parents from West High
School about that exit-the one way exit onto Melrose there.
There is a bus stop there and a telephone pole and it is a
real visual hazard, I drove out there and looked at it and it
is, You have to pullout into the street almost to see around
those things, I am just wondering how convenient or feasible
it is to move that bus thing further down because it totally
blocks that whole,
Atkins/ I suspect it is nothing major, I will check with Joe
tomorrow for you,
Baker/ Third thing is that we had talked, informally a long time ago
on several occasions about some sort of recognition for Boards
and Commission. Did we ever decide what we are going to do
about that,
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Baker / Well, in the past just the boards and commissions had a
lunch that the chairperson of each commission came and did a
report and the council was there and they were recognized for
their efforts, I don't know if we decided to do anything like
that again, Tell me what we are going to do for the task
force,
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going to have a reception, Just a matter of getting it
scheduled, I think we have it for next month,
~
Baker/ Good. Okay, Hopefully not on a Wednesday of Thursday,
Atkins/ It is going to be the same night as the council meeting.
Double duty.
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Baker/ Also I have had some conversations behind the scenes,
backroom, cigar smoking conversations with members of the
Charter Review Commission and they are thinking about putting
in an amendment about pro rating council salary based upon
attendance of meetings, formal meetings, and to deduct pay if
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#13 page 8
you are not here at a formal meeting and I thought that was a
good idea, If they compensated with all the other meetings
that we would get paid extra for and then somehow threw in a
factor of sort of verbal abuse factor, That we get paid for
that, And so-
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Kubby/ Do you mean if you receive it or give it,
Baker / Just receive, We don I t do that, So there may be some
changes coming to us about our pay based upon our attendance
and vulnerability.
_ i
Nov/ And hazardous duty,
Baker/ And, hazardous duty, And that is it, I just wanted to
update you,
Nov/ Anything else,
Baker/ That is it,
''':
Nov/ I have some meeting announcements and I think I will start
with the League of Women Voters, The League is going to have
a very interesting meeting Wednesday, tomorrow night, from
7:00-9:30 PM at the First National Bank d,t, There will be a
performance, a single woman play called Yellow Rose of
Suffrage, the Life of Carry Chapman Cap and it is performed by
Jane Cox of Ames and of course Carry was a suffragette,
founder of the League of Women Voters years ago, a native
Iowan and this is open to the public. You don't have to be a
League member, Anyone who feels like coming should come.
There are lists of candidate forums all through the month of
October. All of these forums will be held in the council
chambers starting at 7: 00 PM,: October 5 there will be
candidates for the Iowa Senate; Oct 13 there will be
candidates for the Iowa House; October 19 candidates for the
county board of supervisors; October 26 candidates for U, S.
Congress-representatives, Okay, The next item. The Iowa city
Human Rights Commission is going to have a Human Rights Awards
Breakfast, This will be Wednesday, October 12 and it is at
7:30 AM at the IMU. Tickets for the breakfast ar $10 a
person, The speaker will be Ellen Dorsey, program officer for
the Stanley Foundation in'Muscatine, Iowa and her topic is
community Activist - The Global Work Force, Ticket information
and such is available by calling Heather Shank who is the
Human Rights Coordinator for the city and her phone number is
356-5022, The general public is urged to come and honor the
nominees, the awardees of human rights, Okay, Next Item.
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#14a page 1
Nov/ (#14a) city Manager,
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Atkins/ One item, I received a call this afternoon from Senator
Harkin's office, We have been awarded about a $900,000 grant
for the purchase of ten additional existing houses for ou~
public housing inventory, three bedroom, So it is a good deal
for us, That is all,
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Agenda
Iowa City City Council
Regular Council Meeting
September 27, 1994
Page 17
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b. City Attorney,
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ITEM NO. 15 - CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING
9f-3/'l, THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT
FOR THE CONSTRUCTION OF THE 1994 CURB RAMP PROJECT.
Comment: The bid opening for this project was held on September 20, 1994
and the following bid was received:
All American Concrete, North Liberty, IA
$91,757.50
Engineer's Estimate
$90,000.00
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Public Works and Engineering recommends awarding this contract to All
American Concrete, Inc. of North Liberty, lA, Funding for this project will be
provided by road use taxes & 1994 bond proceeds,
Action: ~~ / ,&kJ
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ITEM NO, 16. CONSIDER A RESOLUTION AUTHORIZING THE RESTRUCTU~~JG OF "
'if- 3(3 INVESTMENTS HELD UNDER REFUNDING TRUST AGREEMENT OF
JANUARY 15, 1993. " , ! ,f
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Comment: An opportunity exists under current market conditions to effect
a restructuring of investments held in escrow pursuant to the Refunding Trust
Agreement dated January 15, 1993, which secures the future payment of
the City's Sewer Revenue Bonds, dated August 1, 1986, through the final
redemption date of July 1, 1995, This resolution authorizes the Finance
Director to take such action as may appear timely and necessary to effect a
restructuring of the escrow investments, The Wastewater Operating Fund
should realize an approximate $200,000 savings, net of all costs, by
restructuring the investments in the escrow,
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#14b page 1
Nov/ (#14b) city attorney,
Gentry/ I have nothing,
Nov/ You are not going to report on your meetings, Didn't you go
away and come back with valuable information,
Gentry/ Yes. I will be reporting on it more informally in terms of
memos to departments on terms of what they need to do and what
retraining and updating we need to do, But it was a grand
time in Chicago. We are learning all about the law that I
need to do to protect the city,
Nov/ Good jOb,
F092794
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#15 page 1
Nov/ (#15) Moved by Lehman, seconded by Baker, Now, do we have any
discussion on this,
Kubby/ Yeah, I am a little concern when we have only one bid.' Even
when we have an engineer's estimate that is very close to what
the bid price came in, Do you think that we will have any
better luck in getting numbers of bids if we wait until spring
to bid it out or to bid it out this winter for spring
construction,
I
Jeff McClure/ I work in the Engineering Department, Rick couldn't
make it tonight and so I am here on his behalf, I know that
Rick and I discussed this and he discussed it with someone
else. They would really like to see construction start this
fall, We would like to see at least two intersections done
equivalent to about 16 curb ramps done this year, There will
be yet another program starting up next summer. The
contractor, All American Concrete, is a good contractor and we
feel confident that he will do a good job and isn't going to
require much supervision. The problem with these projects
right now is that a lot of the contractors are busy and a lot
of the small time contractors can't get bonded, So we are
kind of limited on this kind of work and it just depends on
schedules, We may have a better turn out next summer if we
were to bid it for construction next spring. But there will
be another project of a similar type occurring next year,
Kubby/ So sometime in the spring we will be bidding this out again
for the new set of monies,
, ,
McClure/ Yeah, It won't be this particular program, It will be a
1995 curb ramp. As I understand it we will be bidding another
one out next spring to be constructed next summer, These two
projects will be going on simultaneously,
I"
Kubby/ okay, Thanks, Thanks for being here, Jeff.
Nov/ Any other discussion,
Baker/ Does Don get to talk tonight,
Nov/ Later maybe,
Baker/ I want him to get his money's worth out of his suit here.
Nov/ Roll call-(Yes)
F092794
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#16 page 1
Nov/ (#16) Moved by Kubby, seconded by Throg, Any discussion,
Kubby/ It is almost a quarter- Almost $500,000 between the Energy
savings and this.
Nov/ Explain what this means, please, Don.
Yucuis/ We currently have in escrow approximately $30 million to
pay the 1986 bonds that were refunded at the time we issued
the 1993 sewer bonds in January 1993, We purchased government
securities at that time, put them in escrow, and now with the
market going up slightly over the last couple of months we can
sell those investments and purchase new ones and the cost of
the new ones will be less and the difference between the two
will go bacle into the waste water treatment.
Kubby/ So, are there any restrictions on how many times during the
period of debt service we can do this kind of restructuring
for the escrow investments,
Yucuis/ We will do it once.
Kubby/ You are feeling like it is not going to be a better time.
Yucuis/ The maturity of the current investments occur approximately
on July 1, 1995, That is the final payout of those bonds,
So it is within a year and we can still realize that savings
if the market continues to stay up, The resolution allows us
to look at it on a daily basis and based on that day we could
sell today and purchase the new ones on that same day, We
would have it in the bank,
G>
Nov/ This resolution is basically to give the Finance Director the
authority to go ahead and restructure this when the time is
right.
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Yucuis/ Correct.
Baker/ And the $200,000 savings-does the phrase net of all costs
mean anything other than just net.
Yucuis/ We will realize a larger savings but we have to payout
fees for bond counsel, the adviser, We have to get a CPA in
to look at and verify the numbers, There is one other cost in
there,
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it,
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F092794
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Yucuis/ No.
Ncv/ It means what is says, right,
Baker/ So that $200,000 is not the figure,
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Agenda
Iowa City City Council
Regular Council Meeting
September 27, 1994
Page 18
ITEM NO. 17. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING
9'-1--..3'<{- THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT
FOR THE CONSTRUCTION OF THE SOUTH SITE SOCCER FIELD AND
WASTEWATER PIPELINE GRADING IMPROVEMENTS PROJECT,
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Comment: The bid opening for this project was held on September 20, 1994
and the following bidSwas received:
Peterson Contractors (Reinbeck)
Barker's, Inc. (Iowa City)
McAninch Corp. (Des Moines)
J.B. Holland Const. (Decorahl
Foley Construction (Clintonl
Engineer's Estimate
$890/786.50
833,473.30
833,047.67
635,353.59
489,599.50
514,000.00
Public Works and Engineering and the Parks and Recreation Department
recommend awarding this contract to Foley Construction of Clinton, Iowa.
Funding for this project will be provided by 1995 general obligation bonds
and a $100,000 contribution from the Iowa City Kickers and Youth Soccer
Association.
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Action:
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ITEM NO. 18. CONSIDER AN ORDINANCE AMENDING THE IOWA CITY/JOHNSON
COUNTY ZONING ORDINANCE TO AMEND THE APPROACH SLOPE ON
RUNWAY 06 TO A 20:1 APPROACH SLOPE. (FIRST CONSIDERATION)
Comment: At the August 2, 1994, Airport Zoning Commission meeting, the
Commission voted to recommend amending the Iowa City/Johnson County
Airport Zoning Ordinance. The ordinance would revise the Runway
Protection Zone to change the approach slope on Runway 06 from a 34: 1
approach slope to a 20: 1 approach slope.
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Action: "f!,~,/ rXAl/Wla"".......
ITEM NO. 19. ADJOURNMENT.
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#17 page 1
NOV/ (#17) Moved by Kubby, seconded by Throg. Any discussion.
Throg/ These are pretty amazing differences in
wonder if somebody could help us understand,
they are bidding on different projects,
estimates. I
It looks like
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Atkins/ He is the closest I got,
Terry Trueblood/ No, I can't help you. It rather baffled us, too,
and we will admit it with the $489,000 bid being the fourth
one that was opened, I was a bit nervous, But our consultant
talked with the contractor, He feels comfortable with his
bid. He is a reputable contractor and it just-we really can't
explain the difference other than a couple of them needed the
work more obviously then the other three,
Kubby/ So for the pipe line part of this, this doesn't say where
the pipe is going to go yet,
"
Atkins/ This has a bearing on it but this is on our site only, It
would not have-the connection point with respect to Kroeze
none of that changes.
Kubby/ But because we had the specs in there will that dictate
where the actual connection happens,
Atkins/ No, The connection point does not change regardless of
what happens there. The connection point does not change,
Nov/ It is important to keep that clear in ,all the viewpoints,
This is just on city property. We are not anything beyond
that, '
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Atkins/ This is a grading project for all practical purposes. We
are just trying to take advantage of two projects at once.
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Nov/ Roll call- (Yes)
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City of Iowa City
MEMORANDUM
DATE:
TO:
FROM:
RE:
Septemb~r 23, 1994
City Council
City Manager
Work Session Agenda and Meeting Schedule
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,
September 26, 1994 Monday
6:30 P.M. - City Council Work Session - Council Chambers
TIMES APPROXIMATE
6:30 P,M,
7:50 P,M,
8:00 P,M,
8:10 P.M,
8:20 P.M.
. Review zoning matters
Outstanding Student-Citizen Awards
- Experimental Residential Stop Sign Program
- Council agenda, Council time, Council committee reports
- Consider appointment to the Design Review Committee
September 27, 1994
7:30 P,M. - Regular City Council Meeting - Council
Tuesday
Chambers
September 30, 1994
7:30 A.M. - Special City Council Meeting - Council
Separate agenda posted
Friday
Chambers
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October 4-; 1994 Tuesday
6:30 P,M, - City Council Work Session. Council Chambers
Economic Development
City Council Evaluation
(' October 10, 1994 Monday
\
6:30 P.M. . City Council Work Session - Council Chambers I,
,,"
;8 Agenda Pending
! October 11, 1994 Tuesday
7:30 P.M. . Regular City Council Meeting - Council Chambers
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October 18, 1994
6:30 P,M, -
Tuesday
City Council Work Session - Council Chambers
Refuse collection, Recycling, and Landfill Programs
PENDING LIST
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Appointments to the Riverfront and Natural Areas Commission - October 11, 1994
Appointments to the Board of Appeals and Senior Center Commission - October
25, 1994
Appointments to the Human Rights Commission, Board of Adjustment and
Parks and Recreation Commission. November 8, 1994
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