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HomeMy WebLinkAbout1985-04-02 Council minutesMeeting of City Council of Iowa City with Area Legislators March 16, 1985 Meeting of City Council of Iowa City with Area Legislators: March 16, 1985, at 8:00 a.m, at the Holiday Inn, Iowa City, Iowa. Mayor John McDonald presiding. Council present: McDonald, Erdahl, Dickson, Baker. Staff present: Berlin, Helling, Karr. Tape-recorded: Reel 85-C26, Side 2, 445 -End; 85-C29, Side 1, all, Side 2, 1-235. House 8 Senate Tax Bills Small inquired if the local people will vote for local option tax. Berlin said it is dependent on how the local government proposes to spend the money. SCOPE OF COLLECTIVE BARGAINING: Reel 85-C26, Side 2 McDonald inquired about the open scope collective bargaining bill. Small stated the bill originally came out of committee as an open scope collective bargaining bill but was reduced by amendment. Bargaining unit work, job description, insurance, and sick leave provisions were deleted from the bill and grievance and discharge, and minimum equipment for safety provisions were added to the bill. Teachers were separated into a separate category. In response to Berlin, Small stated negotiations for health care for retired employees were retained in the bill. Representative Jean Lloyd -Jones suggested Iowa City City Council contact the Chair of the Labor Committee in the Iowa House of Representatives, to discuss the scope of the collective bargaining bill. Helling stated a case is before the Supreme Court, appealing a PERB decision that payout of unused sick leave is not a mandatory item. Iowa City has reached voluntary agreements with all three bargaining units, freezing sick leave payout at the end of this fiscal year so benefits will not accrue in the future. Senator Small stated he received input about the scope of the collective bargaining bill from Anne Carroll. Small stated Iowa City needs to focus on specific problems of the bill. Berlin stated there are problems with additional items in the bill, decisions made by an independent third party, and the City's ability to control and pay for the additional collective bar- gaining items. Erdahl stated that payout of benefits and health and safety matters including minimum equipment and staffing levels are most harmful to Iowa City. Berlin stated more information about the concerns raised by Iowa City will be forwarded to the area legislators. State Capitol Parking Lot: Area legislators discussed implementing a fee for a parking plan at the State Capitol and suggested individual members of the union should be able to choose which benefits they want, including a parking permit. Berlin stated that the federal tax law complicated offering a benefit package to employees. S �� CITY COUNCIL WITH AREA LEGISLATORS MARCH 16, 1985 PAGE 2 Mandated Costs: McDonald stated that the Iowa Legislature fiscal notes do not inform counties and cities of the financial impact of new legislation. McDonald stated communities may need to recover from the possible loss of revenue sharing. Helling noted Iowa City could need a 14 percent tax increase to cover the loss of revenue sharing, personal property tax exemptions, and lost liquor profit revenues. McDonald inquired about municipal assistance. Small stated money is now appropriated out of general funds for municipal assistance. Doderer said it is in the Governor's budget. Berlin stated the federal revenue sharing program may be phased out over two more years. Small stated municipalities might lose municipal assistance but gain local option taxes. Berlin stated communities have to have a sound financial base for the State's economic development. Small noted that the House and Senate have not agreed on raising taxes. Berlin raised concerns about the financial impact from the collective bargaining bill and Davis -Bacon bill. Small stated municipalities are specifically excluded from the Davis -Bacon bill. In response to Berlin, Small stated the tax package will include some kind of local option bill but with some type of phase-out of the municipal assistance. Doderer stated that cities will need to be allowed to impose local option without going to the vote of the people. Other Issues Representative Lloyd -Jones stated there is a provision in the House bill that allows $20 million worth of bonding for cities for their infrastructure to be serviced out of the use tax. Berlin said there is a bill that would allow cities to issue bonds for general corporate purposes with a reverse referen- dum. Representative Lloyd -Jones asked the Iowa City Council for support for a choo-choo check -off measure as proposed by J. Fuller. The income tax check -off would be used for railroad purposes, including a light rail system. Lloyd -Jones said a light rail system is needed between Iowa City and Cedar Rapids. Berlin noted that cooperation has increased between Iowa City, Cedar Rapids, Kirkwood Community College, and the University of Iowa. Erdahl suggested an official committee be formed to promote that cooperation and that corridor development is important. Small suggested that Iowa City and Cedar Rapids present an Iowa City -Cedar Rapids night for legislators next year. Berlin inquired about the League of Municipalities lobbyists' contacts with the area legislator. Area legislators stated that contact from the League of Municipality lobbyists have been minimal. Berlin stated the League of Municipalities should have the responsibility to contact area legislators about the scope of the collective bargaining bill. Small stated cities are most effective if they have someone capable of drafting language and giving a one chief explanation of the rationale why the language is necessary. City Council and area legislators discussed work done by lobbyists. Berlin stated the bill straightening out public depositories is important. S /� CITY COUNCIL WITH AREA LEGISLATORS MARCH 16, 1985 PAGE 3 Berlin inquired about the bill on long-term lease of private or public property. Berlin stated O'Kane has entered a bill in the house to clarify a question whether or not cities have the right to enter into lease purchase agreement. McDonald inquired about amendments to the manufactured housing legislation. Helling said three amendments exist: deleting reference to federal defini- tion of manufactured homes, specifically stating manufactured homes need to be set on on-site foundations, and all counties and cities zoning ordinance need to provide at least one zone for mobile homes. Helling stated the Civil Service bill has been amended substantially. Iowa City does not object to the point system but does object to absolute veterans preference. McDonald stated area legislators will be contacted regarding other issues. Berlin stated additional information about the collective bargaining bill will be forwarded to area legislators. Council members and area legislators discussed comparable worth. Doderer stated that collective bargaining unions should not negotiate comparable worth. Berlin stated staff and the union worked together on the comparable worth study. Informal Council Discussion March 19, 1985 Informal Council Discussion: March 19, 1985, at 6:35 p.m. in the Council Chambers a e ivic en er. Mayor John McDonald presiding. Council Present: McDonald, Erdahl, Strait, Zuber, Baker, Dickson. Absent: Ambrisco. Staff Present: Berlin, Melling, Karr, Jansen, Franklin, Cassady, Beagle, Schmeiser, Schmadeke, Brachtel, Brown. Tape-recorded: Reel 85-C29, Side 2, 235 -End; Reel 85-C30, all; Reel 85-C31, Side 1, 1-45. MINIMUM OPEN SPACE REQUIREMENTS: Reel 85-C29, Side 2 Franklin said comments were received from the Iowa City Board of Realtors and developers Glasgow and Schnittjer, stating there isn't any need for mandatory open space. Suggestions received were that if open space were required that a tax be imposed for a parkland acquisition fund or an amendment to the ordinance for an impact fee at the time of subdivision. The impact fee would be exacted at the time of subdivision and the amount of the fee would be based upon the acreage or the number of lots in the proposed development. Franklin said correspondence was received from the Homebuilders Association. Franklin stated the mandatory dedication or fees in lieu of and impact fees should be substantiated by a plan that rationally explains who is to receive the benefit from the dedication or fees, where the parks are going to be placed, and what criteria the City will have to get the open space. Iowa does not have any enabling legislation for mandatory dedication or impact fees. Franklin emphasized a lot of work is still needed for the plan and reviewed the time table for completion of the work by September 30, 1985. Franklin noted that the Planning & Zoning Commission will be revising the Subdivision Ordinance and if the Council agrees to the open space requirement schedule, the Planning & Zoning Commission priorities needs to be designated. Erdahl and Baker emphasized that the minimum open space requirement should be a priority over the subdivision ordinance revision. McDonald raise concerns about the workload of the Planning & Zoning Commission. Berlin said it would be useful for staff to review and respond to the correspondence received. Zuber said the minimum open space will be public parks and should be paid for through general tax revenues. Franklin said the Council can allocate a certain amount of money for parkland acquisition out of the property tax revenues. Erdahl emphasized the need for a minimum open space ordinance. McDonald said staff should continue to explore ways to provide open space. In response to Strait, Franklin said a fee has merits because it minimizes uncertainty for a developer as to whether a dedication will be accepted and with a small subdivision, the City won't get enough land to make the dedica- tion worth anything. Franklin said staff studied a $110/250 square foot fee in lieu of but that figure will not purchase very much. The reasoning for that fee was that it was low, and assumes the City will pay for some of the costs of acquiring parkland. Strait stated the fee may be more legally defensible than a mandatory dedication. /.�r Informal Council Discussion March 19, 1985 Page 2 In response to McDonald, Franklin said the Planning & Zoning Commission will explore the minimum open space requirement and present Council with a single recommendation. McDonald stated a majority of the Council would like to proceed with the minimum open space requirement and requested staff keep Council apprised of Planning & Zoning Commission and staff work. Berlin said staff will proceed with the schedule, give a higher priority to minimum open ssace pecificginfor information, andhe subdivision willrespond torevisions ethcorrespondence resent the it with received. HACAP FUNDING REQUEST: Reel 85-C30, Side 1 Jean Snow, president of the regional HACAP Board of Directors, requested $3,000 funding from the City to be used towards the construction of a new school for the HACAP/Daycare Program. Snow explained that 4,040 square feet of classroom space and 75 square feet per child outdoor space is needed for the program. Snow said $3,000 each is being requested from Iowa City, Johnson County, and United Way. In response to Strait, Snow said the use of churches was studied and the building cost will remain the same in future years. Council agreed to fund the $3,000 to the HACAP/Daycare Program contingent on Headstart receiving funding for the same amount from Johnson County and United Way. HARLOCKE/WEEBER AREA REZONING: Reel 85-C30, Side 1 Council and staff reviewed the proposed street layout as submitted by MMS Consultants and looked at maps of the Harlocke/Weeber Street area. Schmeiser said staff recommended against the proposal because of the expense to acquire the property and constructing a public street. Schmeiser noted also there is a problem of the City contributing funds for a private development. Schmeiser explained that the staff's earlier recommendation was predicated on secondary access being provided to the property. Because plans have not provided a good secondary means of access to the property and due to concerns about the impact of traffic to the neighborhood, staff recommended the property be downzoned to as low a density as would not impact the area to any great extent and would still provide some reasonable form of development for the property. Schmeiser said staff could support the Planning & Zoning Commis- sion recommendation only if the eastern portion of the property could be denied access to Harlocke Street, but it is the City's legal staff's opinion that the City cannot deny access to the street that already fronts the property. In response to Strait, Schmeiser said traffic has a correlation with density of development and with the decrease of density of the development, there would be a decrease of traffic. McDonald inquired about the zoning recommen- dation for the west side of Harlocke Street. Franklin explained staff recommends the existing development west of Harlocke Street be rezoned to RNC -20 which will leave the existing four-plexes as conforming and one property that could be developed as one dwelling unit per 1,800 feet. Schmeiser said that if the owner of the property east of Harlocke Street could work out an arrangement with the property owner to the south to develop his own means of access through the property to the south, then staff would recommend the property be developed in two different ways: that the east side of Harlocke Street develop with lots opposite the lots on the west side of he propertycke would Streetinia separate zoning i meansofa cesshas RS -8 provided bydatdiffereJensen different route r-4 Informal Council Discussion March 19, 1985 Page 3 than Harlocke Street. When McDonald inquired if the east side could be rezoned RS -8, the rest of the Jensen property zoned RM -12 and provide a driveway from the RM -12 zone through the vacant lot, Schmeiser replied yes. Schmeiser said that if access could be provided to the property by a differ- ent direction, the property could support a higher density of development. Schmeiser said that if another access is developed, not to Harlocke Street, staff would be amenable to a higher density of development. Berlin noted the developers would provide the access and the City would not be financing the access. In response to McDonald, Franklin said recommendation to zone the Ruppert properties RM -12 was made to make it consistent with the Comprehen- sive Plan. In response to Erdahl, Schmeiser said Harlocke Street could be extended or terminated in a cul-de-sac. Strait inquired about drainage problems. Schmeiser said drainage flow would be directed toward the Highway 1 corridor. Dickson raised concerns about traffic accessing from Highway 1 to Harlocke Street. Berlin said if Council approves of the staff recommendations, staff would draft a resolution for Council to adopt so there will be a record of the Council's position. Input was received from Charles Ruppert and Chuck Mullen. Ruppert said the street did not need to be filled, there is adequate access and downzoning is ridiculous. Ruppert presented Council with a large map of the area. Mullen, representing Viggo Jensen Company, stated it was never his client's assump- tion that the City would pay all costs of the proposal submitted on behalf of Jensen and Ruppert. Mullen said the proposal should be considered based on participation by the Council because the Council has the power to establish the access. Berlin inquired if Mullen's client is prepared to pay full cost of the acquisition of the property and construction of the road including removal and reconstruction of the existing fill if the City uses the power of eminent domain to acquire the access. Mullen said his client would need an estimation of the costs involved. Berlin stated the City has never had a policy of front ending costs of access for subdivisions. Erdahl noted that this is a community problem and the City should be willing to invest some- thing to resolve the problem. In response to Zuber, Franklin said if the developer provided the access necessary, staff would still have reservations about the RM -44 zoning as it now stands because of maintenance problems on the road to be constructed behind Hillsboro Apts., and the one-way arrangement coming from Weeber Street would not work. Franklin said there would need to be two access points for high density development. Franklin noted that staff did not evaluate the proposal in terms of the RM -44 zoning. Mullen said his client will not give up access to Harlocke Street without compensation and that it would not be reasonable tout an RS -B zone in a higher multiple use density area. Schmeiser said duplexes could be built in the RS -B zone. McDonald explained Council has informally agreed on the staff proposal presented, first consideration will be given at the April 9th Council meeting, and further input can be received until final vote is taken. Berlin said staff is willing to discuss using the City's power of condemnation to accommodate alternatives with the developer. .I- /51 Informal Council Discussion March 19, 1985 Page 4 Input was received from Daniel Bray. Bray stated it is important to stop traffic coming on to Weeber Street with a barrier and transition zoning is important. Strait inquired if it would be helpful to ask Legal to give Council a memo on whether or not the City can cut off a street that accesses into another existing area. McDonald said Council has agreed to the staff proposal and will accept other information that might be provided. Erdahl requested an estimation for the cost of the barrier. STREET NAMING POLICY: Discussion will be rescheduled. COUNCIL TIME: Reel 85-C30, Side 2 1. McDonald stated letters were received from Attorneys Hayek and Meardon requesting Council to defer action on the downzoning of the Williams and Neuzil properties, respectively, and requesting a legal written opinion from the City Attorney about ramifications of Council action. Jansen stated he can give an opinion if Council requests it, but he is not in favor of giving an opinion on an issue that is certain to go to litiga- tion. Jansen said the Planning & Zoning Commission and Council has had access to legal advice throughout discussion. Council declined to request a formal legal opinion from Jansen and decided not to defer action on the downzoning of the Neuzil and Williams property. EXECUTIVE SESSION: Moved by Dickson, seconded by Strait, to adjourn to executive session under Section 28A.5.B litigation to discuss strategy with Council on matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried and adjourned to executive session, 8:50 p.m. :r—/S