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HomeMy WebLinkAbout1983-06-14 Council minutes1 ~'LETE DESCRIPTION OF COUNCIL AC'_ITIES June 14, 1983 Iowa City Council, special meeting, June 14, 1983, 7:30 P.M., in the City Manager's Conference Room. Mayor Nellhauser presiding. Council - members present: Balmer, Dickson (7:40 P.M.), Erdahl, Lynch, McDonald, Neuhauser, Perret. Absent: none. Staffinembers present: Berlin, HelIing, Jansen, Boothroy, Schmei ser, Karr. Tape recorded on Tape 83-19, Side 2, 48-215. Moved by Balmer, seconded by Lynch, that ORD. 83-3125, Bk. 21, pp. 75-76, TO REZONE APPROXIMATELY 70 ACRES OF LAND LOCATED NORTH OF HIGHWAY 1 NEAR WILLOW CREEK, be passed and adopted. City Atty. Jansen clarified that the 60 -day moratorium established by setting a public hearing for 7/5/83 only affected 1500 sq. ft. of the subdivision. Affirmative roll call vote unanimous, 6/0, Dickson absent. The Mayor declared the ordinance adopted. Moved by Lynch, seconded by Balmer, to adopt RES. 83-180, Bk. 77, p. 491, APPROVING THE FINAL PLAT OF B.D.I. FOURTH ADDITION, A REPLAT OF LOT 1 OF B.D.I. FIRST ADDITION (as later amended). Staffinember Boothroy announced that a common driveway easement and agreement were not yet finalized and the resolution should be passed contingent upon receipt of legal papers. Moved by Perret, seconded by Erdahl, to amend to read subject to receipt of satisfactory legal papers. Dickson arrived. Lyle Miller, President of B.D.I., present for discussion. Councilmembers discussed the procedure to be followed re legal papers before an item appears on the agenda. Original motion to amend withdrawn. After discussion, moved by Balmer, seconded by McDonald, to amend the resolution to read contingent upon receiving correct legal papers. The Mayor declared the motion to amend carried, 4/3, with Perret, Dickson Erdahl , voting "nay." The Mayor declared the amended resolution adopted, 4/3, with the following division of roll call vote: Ayes: Balmer, Lynch, McDonald, Neuhauser. Nays: Dickson, Erdahl, Perret. Moved by Balmer, seconded by McDonald, to adopt RES. 83-181, Bk. 77, p. 492, APPROVING THE PRELIMINARY AND FINAL LARGE SCALE NON-RESIDENTIAL DEVELOPMENT PLAN FOR MILLARD WAREHOUSE, A TEN ACRE DEVELOPMENT IN B.D.I. FOURTH ADDITION. Boothroy announced that this item was in order. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Erdahl, seconded by Dickson, to set a public hearing for 7/5/82 on 25 additional units of Section 8 Assisted Housing. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Balmer, seconded by McDonald, to adjourn to informal session, 7:45 p.m. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. C, MARY C. NEUHAUSER, MAYOR ATTEST: �'>71 -e MARIAN K. KARR, CITY CLERK ti MICROFILMED BY 01 !JORM MICROLAB CEDAR RAPIDS -DES MOINES r Informal Council Discussion June 14, 1983 Informal Council Discussion: June 14, 1983, 7:45 PM in the Conference Room at the Civic Center. Mayor Mary Neuhauser presiding. Councilmembers Present: Neuhauser, Balmer, Lynch, Perret, Erdahl, McDonald, Dickson. City Staff Present: Berlin, Helling, Jansen, Karr, Schmeiser, Boothroy and members of the Planning and Zoning Commission. Tape Recorded: Reel 83-19, Side 2, N48 -End. Central Jr. High Property Mayor Neuhauser said that the school board was meeting now to also discuss the proposal. An outline of the proposal was handed out. Mayor Neuhauser read the proposal as follows: It was agreed that the following proposal would be taken before the City Council and the School Board for each bodies' consideration: i' 1. The City would deed its interest in the property to the District immediately with the deed being placed in escrow pursuant to an escrow i% agreement. 2. The escrow agreement would provide: (a) The City would be entitled to a cash payment when, and if, the School District sells the property. The amount of the cash payment would be $50,000 if the sale was made in such a manner that a public purpose was served e.g. Mercy Hospital buying the property and providing parking. If the sale did not somehow fulfill a public purpose, the School District would pay 10% of the proceeds to the City. i7 (b) Until such time that the property was sold, the School District would be able to use it for any purpose subject only to laws and regulations that normally apply to the district. 3. The above would represent a complete settlement between the parties concerning their respective rights and interests. City and District staff would be directed to draft the required deed and escrow agreement to implement the agreement. i Jansen explained that the $50,000 offer was not adequate standing alone. The City would be relieved of its financial obligation if the $50,000 offer was coupled with an assurance that the sale of the property would serve a public purpose, e.g. Mercy Hospital buying the property and providing parking. If the school district doesn't sell the property to fulfill a public purpose, they would pay the City 10% of the proceeds, which would meet the adequate compensation test. Jansen recommended placing the deed in escrow with a third rr MICROFILMED BY 'JORM MICROLAB I - CEDAR RAPT DS -DES MOINES r G party until the proposed conditions were met. Erdahl asked about the length of the agreement and about the use of the land after a given period of time. Jansen suggested 2-5 years for the length of the agreement, then being able to sell the property, or use for some other use within the zoning requirement. Neuhauser raised the concern of tax exempt property being used for a private purpose. Neuhauser explained that the school board could sell the property to the highest bidder or reject all bids. Jansen said also that a potential bidder for the property would be prudent to inquire at the City if their proposed use of the land would be a public purpose. Jansen explained that the activities of a private non-profit corporation, in and of itself, are not a public purpose but does serve the public. The escrow agreement will have to include a method of determination of public purpose. Councilmembers generally agreed with the proposal. Lynch said that the City's money from the sale of the property should be earmarked. Neuhauser said it would be appropriate to commit the money to park purposes. Jansen stated that the school board asked for the option of being able to rent the property to other sources while the property is pending sale. He recommended that if the property were leased, the City should consider stipulating a time limitation on the lease. Erdahl suggested a one year lease with a renewable option for one year, with minimal improvements on the land. i Neuhauser suggested that any extension of the lease would be with the authorization of the Council. New Zonina Ordinance Neuhauser recommended addressing major issues of the new zoning ordinance immediately. She recommended that the Council consider those major issues as amendments to the present ordinance now. Neuhauser stated tht these recommendations weren't the result of the meeting with the developers and that there still are many reasons to have a new zoning ordinance. Erdahl urged that the Council deal with the important issues now, such as the zero lot line ordinance, and then continue to work on the new zoning ordinance in a phased -in manner over a year. i John Seward introduced the members of the Planning and Zoning Commission: Tom Scott, Jane Jakobson, Larry Baker and Jackie Blank. lie stated that a main concern is that the process of finalizing and adopting the new zoning ordinance not be slowed down so as to lose the motivation and emphasis of the ordinance. The P&Z Commission has asked the Council to formalize its position on the new ordinance. Seward explained the specific issues raised at the public hearing have been handled with the exception of the philosophical issues, such as with the University fraternities and sororities. Lynch noted that it was not the intention of the Council to work with the new zoning ordinance in a piece meal fashion, but items such as the single-family zone need to be determined soon. Tom Scott stated that he has concerns with working on specific issues of the ordinance, forming a subcommittee and rescheduling the finalizing of the ordinance away from the election date. He was unsatisfied with delaying the j ordinance for another year. Neuhauser said that the ordinance would not be delayed unreasonably with the exception of the expansion of the commercial zone to allow light industry and prohibit shopping centers. The subcommittee would facilitate keeping the ordinance on schedule. Schmeiser explained that the CI -1 zone has been worked on. T. Scott emphasized that if the Council addresses the major issues now, they would diminish the political viability of passing the g1•• �ij MICROFILMED BY ':JORM MICRO_ LAB ! CEDAR RAPIDS•DES MOINES( 1 J 3 ordinance. Balmer disagreed and stated that contractors have supported the ordinance by show of their presence in meetings. T. Scott also stated that PQ Commission members are concerned that Councilmembers no longer consider the new zoning ordinance a high priority. Neuhauser stated that it still is a priority but major issues need to be acted upon now. T. Scott said that PQ could have the ordinance to the Council within two weeks of the August 18 date. Neuhauser said that she is concerned with holding public hearings in August when many people are out of town. Erdahl noted a concern about voting on zoning ordinance when a majority of the Councilmembers may not be on the Council next year. Jane Jakobsen urged the Council to act on the complete ordinance and not just portions of the new ordinance. Larry Baker shared his frustration that the time spent by P&Z on the zoning ordinance would be wasted if the ordinance is not acted upon by the Council. Lynch said that he would be willing to wait eight weeks to see the final draft of the ordinance, although there are major issues that need action. Erdahl explained that the subcommittee concept has helped the Council to become more informed and responsive. Also, he would like the PR Commission to keep the Council informed about the ordinance's progress and schedule. Balmer stated that if the Council looks at zero lot line, the Council needs to direct the staff to follow the time period laid out by Schmeiser. Schmeiser said that the Council has reviewed the R1C zone and chosen to defer action then. Neuhasuer said that Council has been looking at the Coralville zero lot line ordinance with the addition of the two hour fire wall and separate utilities. Neuhauser stated that the major issues need to be dealt with now. Erdahl suggested that everyone agree on the two or three items that could be finished by Labor Day. Seward agreed that there is an obligation to resolve the issues that are deemed necessary. Councilmembers reviewed the issues listed on the June 3 memo from Mary Neuhauser. Councilmembers agreed that the zero lot line ordinance be given high priority; the CI -1 could wait; the limiting single- family zone be reviewed by the Housing Department with regards to the definition of family; and the rest of the items on the list could wait eight weeks. In answer to a question from Balmer, Jansen said that the current moratorium would have to be amended because the enacting of a comprehensive ordinance is not an amendment and does not trigger a moratorium. Berlin noted that PR and the Council should agree on how PAD's and OPDH's will be approached in the new ordinance. Seward said the the OPDH hasn't been considered by PR and probably wouldn't have a firm proposal by the Labor Day deadline. Perret questioned staff plans for the tree ordinance. Balmer commented that not all items will be completed by Labor Day. Meeting adjourned at 9:00 p.m. MICROFILMED BY f l�r' '..JORM MICROLAB I CEDAR RAPIDS•DES'MOINES