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Home My WebLink About1976-08-31 Council minutesMINUTES OF OFFICIAL ACTIONS OF COUNCIL AUGUST 31, 1976 - 7:30 P.M. The cost of publishing the following proceedings & claims is $ Cumulative cost to date during this calendar year for said publication is $ Iowa City City Council, regular session, 8/31/76, 7:30 P.m., Civic Center. Councilmembers present: Balmer, deProsse, Foster, Neuhauser Perret, Selzer, Vevera. Absent: None. Mayor Neuhauser presiding. Addition of #76-304 Class B Beer & #76-305 Sunday Sales for Sanctuary, & deletion of Items No. 3b5, 3b6 and 368 from the Consent Calendar were asked for by the City Clerk. Moved by Balmer, seconded by Selzer that the following agenda items and recommendations in the Consent Calendar be approved and/or adopted as amended: Minutes of Boards and Commis- sions: I. C. Library Bd. Trustees, 8/3/76; Mayor's Youth Empl. Bd., 8/28/76; P&Z Comm., 8/16/76 & 8/19/76. Permit Res. recommended by City Clerk, recorded in Res. Bk. 36, P. 372-378: #76-300 Class B Liquor & #76-301 Sunday Sales/The Highlander Inn. #76-300 Class C Liquor & #76-303 Sunday Sales/The Brown Bottle. #76-306 Cigarette Permit. Correspondence: From N. Swigger regarding parking meter fees at Public Library, referred to Finance Dept. Affirmative roll call vote was unanimous, all Councilmembers present. Foster moved, Vevera seconded to set public hearing 9/21/76, 7:30 PM at Civic Center on Bryn Mawr Hts. application to rezone several parcels from RIA Zone to R2, R3 & RIB Zones; adopted unanimously. Mayor Neuhauser announced a vacancy on Committee on Comm -Needs, to be filled after 30 da. notice & urged people with real estate exper- ience to apply. Councilman Selzer presented an Ord. concerning inspection of single- family dwellings, & asked that it be added to 9/7/76 agenda. Moved by Foster, seconded by Perret that the Ord. be referred to Housing Comm. for their recommendations, adopted unanimously. Councilwoman deProsse requested budget figures presented by City Assessor. Memo from City Mgr, regarding charges by Bruce Glasgow noted, (discussed at 8/30 informal session). City Mgr. Berlin recommended Council authorization of sewer hook-up for Carol Barker construction of Gymnast. Moved by Balmer, seconded by Selzer to so authorize; adopted unanimously. Moved by Foster, seconded by Selzer to set public hearing, 9/21/76 at 7:30 PM at Civic Center on Res. to dispose of part of E 1/2 of Block 101 to Iowa State Bank & to Perpetual Savings & Loan; adopted unan- imously. Moved by deProsse, seconded by Vevera to adopt RES. #76-3071 recorded in Bk. 36, Ps- 379-380, AUTHORIZING & SETTING 9/21/76 AS DATE FOR PUBLIC HEARING ON RES. MODIFYING URBAN RENEWAL PLAN FOR PROJECT IOWA R-14. Affirmative roll call vote unanimous, all Councilmembers present. Moved by Foster, seconded by Vevera that ORD. APPROVING STORMWATER MANAGEMENT ORD. be considered and given second vote for passage. Atty. John Nolan, representing several developers & Ed Thomas appeared for discussion. Mayor Neuhauser directed Atty. Nolan to meet this week with Atty. Hayek & others for discussion. Roll call vote on motion: 5/2. Ayes: Foster, Neuhauser, Perret, Vevera, deProsse. Nays: Selzer Balmer. Second consideration given. Public Works Dir. Plastino announced that prel. draft spec. for storm water mgmt. & erosion control will be done by 10/3, & a short course for consulting engrs. will be conducted by Consultant Lindley in Oct. The Mayor requested that Item 20, motion to provide financial support for Rape Awareness & Prevention Week, be discussed at this time, no Council objections. Barbara ElXn how funs lo eduforbthesprogram�;eadoptedby deProsse, seconded byPerret that $250beal unanimously. Moved by deProsse, seconded by Vevera, that ORD. #76-2805, recorded in Ord. Bk. 10, ps. 28-29, AMENDING IN PART & REVOKING IN PART ORD. #2605 (5.24.9, 5.24.10, 5.24.20 & 5.24.25 of Mun. Code) WITH RESPECT TO INVESTIGATION OF AN APPLICANT & SUSPENSION OR REVOCATION OF A LIQUOR LICENSE OR BEER PERMIT FOR CERTAIN SPECIFIED NUISANCES, be passed & adopted. Bob Welsh appeared for discussion. Affirmative roll call vote was unanimous; all Councilmembers present; Ord.adopted. Vevera moved, deProsse seconded that ORD.#76-2806, recorded in Ord. Bk. 10, p. 30, DESIGNATING THE ALLEY LYING BETWEEN LOTS 2 & 3, R ollFcaN1:S Ayes: WITH Per et, Vevera, Balmer, deProsse, dopted. Foster, Neuhauser. Mays: Selzer. Ord. adopted, 6/1. Vevera moved & Selzer seconded that ORD. AMENDING ORD. #73-2687 BY DECREASING gi VER- TIME PARKING FINE & REPEALING ORD. # 76-2800, be considered & given 1st vote for passage. City Mgr. Berlin suggested deferral until Council receives relevantbudget information. Moved by deProsse , seconded by Perret to table the motion to give cons. & 1st vote for passage; adopted 4/3, Balmer, Vevera & Selzer voting 'no'. Foster moved & Vevera seconded that ORD. AMENDING ZONING ORD. #2238 BY REZONING COURT CREST PROPERTY FROM R2 TO R3Abe consideredWhite &red. given 1st vote for passage. Court Crest Atty. P Roll call: Ayes: Foster. Nays: Selzer, Vevera, Balmer, deProsse, Neuhauser, Perret. 1st consideration failed, 1/6. Moved by deProsse, seconded by Vevera to adopt RES. #76-308, recorded in Res. Bk. 36, ps. 381-382, AUTHORIZING DISPOSITION OF SECURITIES HELD BY THE CITY OF IA. CITY & EXECUTION OF DELIVERY OF BONDS FOR SAFE- KEEPING. Affirmative roll call vote was unanimous; all Councilmembers present. Balmer moved, deProsse seconded to adopt RES. APPROVING PREL. P.A.D. PLAN & PLAT, VILLAGE GREEN 6. Perret moved & deProsse seconded to defer the motion to adopt this res. until 9/7/76; adopted 4/3, Vevera, Balmer & Selzer voting 'no'. Selzer moved, dePAUTHORIseconded to adopt RES 076-309, recorded in Res. Bk. 36, p. MAYOR TO SIGN AGREEMENT WITH CEDAR RAPIDS & IA. CITY RR. CO., allowing City to install 3" conduit on rr. co. r -o -w & reworking of Westlawn curve lights. Affirmative roll call vote was unanimous; all Council - members present. Balmer moved, Selzer seconded to adopt RES. #76-310, recorded in Res. Bk. 36, p. 384, ACCEPTING SANITARY SEWER IMPR.,VILLAGE GREEN VII, done by Knouncil Bros Const. Affirmative MayorvNeuhauserll vote announcedsthatntheuRES. all Councilmembers p AUTHORIZING A CONTRACT WITH 2UCHELfor dliscussion. TheoMayorestatedre for one week. Bob Welsh appeared that Welsh's remarks would be referred to the City Mgr. 0 Moved by deProsse, seconded by Perret to adopt the motion to approve the concept concerning coop. agreements with Coralville, Univ. Hts. & Johnson Co. Bd. of Supervisors regarding housing assistance pay- ments, & to direct staff to initiate discussions with these agencies; adopted 4/3, Balmer, Selzer, & Vevera voting 'no'. Moved by deProsse seconded by Perret to extend the arrangement with consultant Don Zuchelli for his services for another week, a maximum of $1,000.; adopted, 6/1, Selzer voting 'no'. Moved by Foster, seconded by Perret to adjourn; adopted unanimously, 9:00 PM. A more complete description of Council activities is on file in the office of the City Clerk. lL Mayor e City Clerk • INFORiM L COUNCIL DISCUSSION AUGUST 27, 1976 4:00 P.M. INFORMAL COUNCIL DISCUSSION, August 27, 1976, 4:00 P.M. Mayor Neuhauser presiding. Conference room. COUNCILMEMBERS PRESENT: Balmer, deProsse, Foster, Neuhauser, Perrot, Selzer, Vevera. Absent: none. STAFFMEMBERS PRESENT: Berlin, Schreiber, Kraft, Glaves, Brei. City Manager extended invitation to Councilmembers to attend luncheon at the Highlander on August 30 at 11:30 A.M. with Mr. Nate Ru ;n H D before the n P.M. for the Autumn Park Apartments- Councilman idi ceremony ndicated he could not attend. TRANSIT SYSTEM'S FIFTH ANNIVERSARY City Manager Berlin stated in honor of their 5th anniversary, the T" nsyt_Depar-tment_would like to suspend bus fares on September 1st. However, since this would result in a loss of $800 income, Council approval was required. several Council - members felt it would be a good promotional scheme and ex- pressed their desire to have it heavily publicized. There were no objections to the bus fare suspension. URBAN RENEWAL Director of Community Development Kraft and Redevelopment Spe- cialist Glaves were present for the discussion. City Manager Berlin's preliminary comments concerning the proposed contract with Zuchelli Hunter & Associates, Inc. included (lj this contract is obviously more specific than most, and (2) it in- cludes an implementation program. He advised Council to fully consider the aspects of the contract, that they should be pre- pared to deal with the policy making issues in a reasonable timeframe to follow through with it. He stated that in no way should this contract be translated as taking pressure off making decisions. Council discussed ri-ty staff articioat; contract. ation to the City Manager Berlin stated more staff lcould be hired rather than hiring a consultant but that the City could never hire staff with the expertise needed for the marketing of this Project in the fields of financing, mortgaging, retailing, and developing. fie further stated additional staff would cost a minimum of $25,000 up to $50,000. Redevelopment Specialist Glaves stated three additional staff members would be needed to substitute for the contract services. The contract has a. limit of $55,300 in expenditures for services. Councilman 01 Page 2 Council Discussion August 27, 1976 Selzer noted that according to the contract, City staff would actually do mos;of the work with the consultant merely ad- vising. He felt this contract was an expensive way out (to lead the Council by the hand). City Manager Berlin indicated staff has outlined staff responsibilities under the contract, and they have scheduled a meeting with Zuchelli next Monday, August 30, to discuss trade-offs. At that time, Zuchelli is to present a man-hour, week -by -week schedule which will help determine whether or not staff is doing too much "leg work". Mr. Berlin noted that the contract was set up so the consult- ant was not to do anything our staff could do. Consultant control over d v io_e,% was discussed by Council. Glaves stressed the need to have a consultant to determine whether a developer is stating posture or a tactic. when asked what this consultant provides that others haven't, Kraft responded "expertise" from an agent of the City to proceed through the development process. He further stated that if we want smooth solicitation for developers, this is the only way to go. Glaves added the consultant would would help deter- mine whether or not the grievances of the developers were legitimate or not. Councilman Selzer felt the consultant ser- vices extend too far into developer's duties. He also stated there is no guarantee the consultant will find a developer, that on page 17, Task 13, it states the consultant "will as- semble and maintain a current list of prospective developers." Berlin stated the responsibility of the consultant in obtain- ing developers should be defined more specifically. Council- man Selzer indicated he was more interested in buying zuchelli's contacts. Mayor Neuhauser was opposed to Task 5 on page 10 concerning marketability analysis She felt the developers would go ahead and do this anyway. However, Mr. Berlin stated it would give basis to sell land more readily. Glaves added that this analysis was to be just a brief overview. Council deliberated the necessity of Ph_ asP T In referring to page 9, Task 4, Mayor Neuhauser noted noted the contract seemed to say the City must follow zuchelli's advice concern- ing marketing if committed to the contract. Therefore, if Council were to determine the marketing policy, this area of the contract could be deleted. Councilman Selzer questioned Task 6 where it states "the Con- sultant will dimension the Project Reuse Plan-"* He'felt this would be a waste of time and money since the City has updated the Urban Renewal Plan. When told it needed to be more speci- fic, Selzer stated it would put additional requirements on the form and use of parcels, and, in turn, on the developer. n u Page 3 n Council Discussion August 27, 1976 City Manager Berlin stated that if Zuchelli's suggestion was omitted, the bidder would be free to make decisions on the form and configuration of parcel uses. Mayor Neuhauser noted the larger parcels could be used in a variety of ways (which might not be satisfactory with the City) and further felt areas for streets and parking should be pre -determined. Mr. Glaves stated that although it is inappropriate to impose too many restrictions, it would be just as inappropriate to allow too much uncertainty. A balance needs to be obtained. Council discussed pages 13 and 14 regarding financial analysis. Redevelopment Specialist Glaves indicated staff would provide the preliminary analysis. This would provide a basis for the consultants to evaluate the status of our funds and possibly identify other funds available from the State. Concerning compensation for services in case of termination by Council, Council felt the contract should be changed so the consultant would be paid for services actually done rather than an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the consultant covered by the contract. Councilman Vevera was concerned that if Council did not agree to advice given by the consultant (i.e., parking ramp), the contract would allow the consultant to terminate, leaving the City with the most important matter unresolved (Phase III). City Manager Berlin assured Council that Mr. Zuchelli was flex- ible. Glaves explained we would be buying marketing services to help us by talking to developers and tenants, not a marketability study. To attempt this by staff, would require approximately 15 to 18 months, much longer than by consultant. In referring to Task 9 on page 13, Mayor Neuhauser noted the City already has an appraiser. Glaves stated the City shouldn't obtain appraiser values before it is really needed. He also explained various terms used by the contract including "FAR control" which means For our Area Ratio control. Councilman deProsse felt the parcels would be sold to local developers; she did not anticipate it being advertised nation- wide. She further stated she greatly respected Paul Glaves' advice, noting there was a limit to what he can do; and if staff advises hiring a consultant, this is what should be done. Councilman Selzer explained two things he felt should be kept in mind: (1) a great amount of the work covered by the con- tract has been done, and (2) we're not talking about develop- ing downtown Detroit, the more controls we place the less chance of success. s Page 4 • Council Discussion August 27, 1976 As it appeared Council would not adopt a resolution approving this contract in present form, it was decided Council could meet with Zuchelli on Monday afternoon, on August 30, after staff had smoothed out a few of the problems presented by this meeting. Glaves indicated Zuchelli had been requested to have a definitive e com- pelling reasons whyittwas mimpossible ktoimake ng tthe erecommenda- tions on Monday. Council also wished the contract to be more specific about site plans, loading zones, and accessi- bility to and from sites. Council came to the consensus that the last seven lines of page 5 should be deleted from the contract. City Manager Berlin stressed the importance of being frank and asking questions not covered by staff on Monday when Coun- cil does have the opportunity to talk with Zuchelli. adjourned at 5:50 P.M. Meeting Tape recorded on Reel n29. INFORMAL COUNCIL DISCUSSION ' AUGUST 30, 1976 INFORMAL COUNCIL Neuhauser DISCUSSION, August 30, 1976, presiding. 1:50 P.M. Mayor Neu COUNCILMEMBERS PRESENT: Neuhauser, deProsse, Vevera, Balmer, Foster, Perret, Selzer. Absent: None. STAFFMEMBERS PRESENT: Berlin, Stolfus, Geshwiler, Boothroy, Schreiber, Hayek, Strabala, Kraft, Kbshnir, Glaves, Jones. CONTRACT WITH ZUCHELLI Present for discussion were Don Zuchelli from the firm Of Zuchelli, Hunter and Associates, Halprin AssociatesInc., and Harold Baxter from Lawrence concerns Pointed . City Manager Neal Berlin expressed by Council at last Freda sout that discussed with Mr. Zuchelli and the city staff meeting had been Councilman Vevera asked for the consultant's opinion on How to market � before discussion that he did not agree with of the contract. .Phases of the He stated Zuchelli outlined three contract. 1) the master developer processes for diSone;ria of th P concept, has control o� f all Title—tin-d, properties under the reuse plan and in keeping with the environ- mental impact statement, 2) a cluster pattern, more than one re- developer, 3) individual parcels. The parcels are divided into a) prime land, b) reasonably marketable and Ile would combine alternatives one and two. Phase contract %-,ill show how to link the c) difficult sites. that some of the parcels have been sorfarscommitted o Henotedbe our, of the process (banks). , they should A visual aid outlining the integrated work schedule was dis la Phase I, the Disposition Method; Phase II, the Disposition/Redev- elopment Program; and Phase III, Developer Selection. p yed* Councilman Selzer stated that as there had been a previous consen- sus to sell the parcels South of Burlington individual) Clusters, and Blocks 83/84 as one parcel, it left only Blocks 65, 64 and 82 to work with. He suggested y or �n maneuvering to dispose of these. Mr. Zuchellithisexplawas inedthof ow Phase I related to the other phases, and suggested certain changes that had been discussed with staff. Council discussed re -use appraisals versed in real estate number of man_need fortenee= staff or consultant depart- ment's personnel involved; financial considerations and plan. each Council Zuchelli advised that he would not terninate the contract unless negotiatelinegoodhim faitin h,noroifaCounciilPosition notmakewhere edcould not ecisions. He also stated that he gave no guarantee to sell all the land. Page 2 • Informal Discussion The Mayor asked each member to give anust 30, 1976 indication if he/she agreed that somewhere between alternative 1 and 2, is how the land should be disposed of. She summed up the comments of the Councilmembers noting that there was a concensus to use between alternatives 1 and 2. There was also a concensus that Council had excluded a master developer for everything, and also the single developer for everything. Mr. Zuchelli commented that he would bring a cluster pattern, as he sees it, after discussion with the Staff, for Council discussion. After the disposition method is decided, major decisions for Council include street closures, a method of public financing of the project, and decision on whoto sell the land to. Council discussed Zuchelli's working on a 'needs' basis after the contract has ended, specifically during the negotiation stage. Mr. Zuchelli advised that it is usual to have changes to contracts, not substantial changes, but proclaimer-type changes. Redevelopment Specialist Paul Glaves pointed out services to provide and certain constraints, to explain the 'dimension re -use plan'. Councilman Balmer voiced concern over the contract, suggesting that Council is going the same circuitious route as before. The City Manager commented that he did not see the timeframe moving adversely as a result of this. Mayor Neuhauser pointed out that the quality of the decision was important so that it is not constantly challenged. Councilman Vevera suggested marketing Blocks 83 84 and 64 in one t. parcel, all the rest clustered or individually.. After discussion, Zuchelli advised that if Council made that decision now, he would take it as a guideline of instruction. The City Manager said to know this preference would be helpful for staff. The concensus by Council was to consider this suggestion as an alternative. Councilman Selzer stated that he could not support the contract pro- posed, but to expedite decisions of Council, would support a modified version of the contract, to be accomplished by reducing its scope. Mayor Neuhauser requested an addition to the contract on page 22 under 'Confidentiality', asking that any discussion of material that the developers did not want made public, would be revealed only to the Council thru the City Manager or in a Council session, but not to individual members, as certain members of the Council do not keep things confidential. As the modifications to the contract will not be ready and Council needs time to digest the changes, the contract will be deferred from the Aug. 30th agenda. Also total program costs will be pro- vided, and an indication of whether or not there will be any problems in other- departments in providing the necessary information, or if other programs will be disrupted. Glaves advised that two more appraisers are preparing proposals. The City Manager was told to proceed working with Mr. Zuchelli for another week. Councilman Selzer questioned the meaning of 'standard overhear] and profit' on Page 24. Zuchelli advised that this would be rewritten, and as to ho:•i he put his fees together, he used 2.65 as a multiplier. Page 3 Informal Discussion Pa 9 August 30, 1976 CITY ATTORNEY REPORT ON QUESTIONS ASKED OF THE BANKS BUILDING DOWNTOWN City Attorney John Hayek reported that in answer to the two questions Council had asked him to report on concerning the building of the banks downtown, 1) the banks, Iowa State Bank and Perpetual Savings and Loan, are interested in building on Block 101,'and 2 they wanted the City to deal with Old Capitol Associates in their behalf. A letter will be presented outlining the authority of Old Capitol to act for them. Concerning the price, the average of the two fair market value appraisals of the property without significant restrictions, was used, a figure of approximately $356,000. There is one problem, P.S.K. will need 25' of land adjacent to their site on the west in addition to the alley (part of urban renewal land). At least they will need to be able to bid on that, or they will need a curb cut or access on Burlington St. Staff has significant reservations on having a curb cut. The City would have to cut 25' off a parcel. Use of the alley was discussed. The requirements of the building permit were discussed. It was noted that a public hearing would have to be held on disposal of alley property. The Attorney was asked to come up with the best legal way to settle this. COUNCIL T114E Councilman Balmer questioned condemnation of land for the mini -park. This is an item on the pending list. The City Manager advised that he had revised the pending list and had eliminated some of the items. A revised copy will go out in the packet on Friday. Councilman Balmer asked why the projects in theap rks, to be funded by HrDA had not been started. Glaves advised that an environmental assessment statement was needed, which would then be reviewed by the City Manager and the City Attorney. Concerning the City Manager's memo on charges by Glasgow, the City Attorney suggested that any such problems be discussed with the Manger or Attorney, so that all the facts can be presented. It was noted that the City has for several months been without a Building Official. Interviewing of final ,can- didates is being done this week. The new official wiill.prepare as one of his first duties, an entire inspection program. Councilman Selzer called attention to the condition of the Mormon Trek Road. The City Manager advised that the Public Works Dept. had asked to work on this road. Mayor Neuhauser asked where the bicvcle paths would be on the new configuration of Muscatine Ave., and called attention to the communication from schools concerning riding of bicycles. There will be a memo from Dick Plastino, Director of Public Works on this and on the extension of First -Avenue. Councilwoman deProsse discussed the policy for dirt roads, relative to Scott Boulevard. The City Manager noted a request from residents on F9ster Road concerning the dust problem. Mayor Neuhauser advised there were no apparent problems with the Agenda. Meeting adjourned, 5:00 P.M. Tape Recorded on Reel n28. iNT DATE: August 2S, 1976 TO: City Council i FROM: City Manager ( �' RE: Proposed Contract with Zuchelli, Hunter and Associates The intent of the informal meeting on Friday, August 27, at 4:00 P.M. is to receive Council comments and questions so that Mr. Zuchelli will be respon- sive to your needs when we meet on Monday. (inclosed is the proposed form of contract with the firm of Zuchelli, Hunter and Associ.ates, Inc. A copy of the contract has been referred to the Legal Department for review. Mr. Zuchelli is preparing the Integrated Rork Schedule described in Task 1. This will be reviewed in detail with him on Monday, August 30. Any changes in the tasks assigned to the consultant and to the City will be made based on this detail review. Following this task review, any needed change in the contract task assignments will be made. The program set forth in the contract is excellent. The timing and duration of certain tasks differs somewhat from initial staff estimates, but the over- all work program is scheduled to progress faster and be concluded sooner than originally estimated. A careful review of task responsibilities indicated certain areas where the City could do more and other areas where the City should do less. These adjustments will be made when the Integrated Work Progravn is reviewed. Overall, the contract and cork program have closely identified the capabilities Of the City staff and the areas where professional development assistance is needed. Mr. Zuchelli will be in Iowa City on Monday and Tuesday, August 30 and 31, to work with the staff on the integrated Work Program and any needed contract revisions and to meet with the City Council concerning the contract and the disposition program. At that time, Mr. Zuchelli will provide a statement and answer questions re- lating to the overall marketing strategy for the program, the work program, and the contract. Enclosure Is