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1996-04-09 Agenda
CITY OF I0 ~ CITY IOWA CITY CITY COUNCIL AGENDA REGULAR COUNCIL MEETING OF APRIL 9, 1996 7:30 p.m. COUNCIL CHAMBERS, CIVIC CENTER 4i0 EAST WASHINGTON Subject to change as finalized by the City Clerk. Clerk's Office, 356-5040. ITEM NO. 1 For a final official copy, contact the City AGENDA IOWA CITY CITY COUNCIL REGULAR COUNCIL MEETING APRIL 9, 1996 7:30 P.M. COUNCIL CHAMBERS CALL TO ORDER. ROLL CALL. ITEM NO. 2 MAYOR'S PROCLAMATIONS. a. Fair Housing Month- April 1996. b. Community Development Day - April 11, 1996,) · c. Days of Remembrance of the Victims of the Holocaust April 14-21, 1996. d. Medical Laboratory Week - April 15-20, 1996. e. A Day of Honor for Bethel A.~I.E. Church-April 19, 1996'~ f. Infant Immunization Week - April 21-27, 1996. g. Week of the Young Child-April 21-27, 1996j h. Crisis Center Week- April 21-28, 1996~,' ~ ~ ~/~. ITEM NO. 3 SPECIAL PRESENTATIONS a. Outstanding Student Citizen Awards (1) Roosevelt Elementary (a) Student Council (2) Grant Wood Elementary (a) Shanna Emerson (b) Sara Griffin - (c) Nick Rocca #2 page 1 IT~{ NO. 2 MAYOR'S PROCLAMATIONS. a. Fair Housing Month - April 1996. b. Community Development Day - April 11, 1996. c. Days of Remembrance of the Victims of the Holocaust - April 14-21, 1996. d. Medical Laboratory Week - April 15-20, 1996. e.A Day of Honor for Bethel A.M.E. Church - April 19, 1996. f. Infant Immunization Week - April 21-27, 1996. g. Week of the Young Child - April 21-27, 1996. h. Crisis Center Week - April 21-28, 1996. Nov/ Proclamations for those who are here to accept them and those people may step to the microphone here at the podium and plead their cause or announce their event or whatever they want to do. (Reads agenda). We are going to start with Community Development Day. Who has that one? Lehman/ I have that one. (Reads proclamation- Fair Housing Month). Linda Murray/ On behalf of the HCD Commision and the Neighborhood Centers of Johnson County, I would like to invite everyone who is interested to the annual Community Development ceremony and celebration this Thursday, the 11, from 4:00 to 6:00 at the new neighborhood center at Pheasant Ridge Apartments, 2651 Roberts Road. Thank you. Nov/ I believe we have someone here from Bethel A.M.E. Church. Kubby/ (Reads proclamation- A Day of Honor For Bethel A.M.E. Church) Rev. Clemmons/ On behalf of the Bethel A.M.E. Church, I accept this proclamation with great honor. We will be having our celebration this year on April 19 at a banquet which will be held at the University Athletic Club and we hope that the community will be a part of this celebration. The tickets are $45 and you may secure tickets that night at the door or you may secure them from the membership of the Bethel A.M.E. Church. Thank you so very much. Nov/ I believe that we have someone here to accept the Week of the Young Child. Thornberry/ (Reads proclamation- Week of the Young Child). This tel;resents only a reasonably accurate transcription of the Iowa City council meeting of April 9, 1996. F04996 #2 page 2 Barbara Endel/ Thank you Mayor NovicR and city council members, especially my friend, Dee Vanderhoef. Today we know more than ever before about the importance of children's earliest years in their development and their learning. The week of April 21 to the 27th has been nationally designated as the Week of the Young Child by the National Association for the education of young children. Here in our community lots of volunteers are working to make this week very special for all of us. While many exciting and fun filled events are scheduled for children and childcare givers during the week and please be sure to check your local listings. Children are among our nation's most vulnerable. A few facts to bring you attention to. In 1995 8.4 million children lacked access to healthcare. At least 5.5 million children younger than age 12 experience hunger each year. In 1995, 14.6 million children were living in poverty, including 1 of every 4 children younger than age 6. Families with children represented 36% of the homeless population in 1992. so what can Iowa city do? During the Week of the Young Chil~, 4-C's, Community Coordinated Childcare will be having a drop off site for diapering and other supplies necessary to support their homeless childcare program. we can support this effort, all of us can. Secondly, during this week all of us who have children who are being taken care by others can thank them publicly. During this week we can make an effort to than those people, your daycare teacher, your after school program director, the grandmother who took care of your kids every time you go out. Anybody who has had a chance to take care of your kinds. We hope that you would say thank you. The week, April 21 to 27, is proclaimed Iowa City's Week of the Young Child and the theme this year is called Early Years Are Learning Years. Make them Count. In Iowa City we plan to do just that. As a thank you and an expression of our appreciation to Mayor Novick and the city council, I have brought with me two ambassadors to help us say thank you. Since the week is focusing on young children, I wo~!!d like to call Katy and Jamie up if they would pass out something that they would like to give to you. So I will have them do that right now. Nov/ I understand Deb Greene, our children's librarian has been honored as someone who has worked on the Week of the Young Child. Endel/ That is correct. Deb Greene was named as the honorary chair person during the Week of the Young Child and also Joyce Carroll at the Iowa City Recreation Division has been named as a children's champion award winner at a luncheon that week. Thisrepresents only a reasonably accurate transcription of the Iowa City council meeting of April 9,1996. F04996 #2 page 3 Nov/ A very nice button and the poster as well. Beautiful art work. Endel/ Thank you very much for your support. Thanks. Thornberry/ The buttons say Early Years Are Learning Years, Make Them Count. It is very nice. Where do others get this button? Is there a place to buy these? Endel/ Some of the daycare centers and pre-schools have them at their counters. You can get those. Nov/ What she said was daycare centers and preschools will have them. Next item, Crisis Center Week. Norton/ (Reads proclamation- Crisis Center Week). Ellen McCabe/ On behalf of everyone at the Crisis Center, I extend our appreciation for this proclamation. We invite the community to take part in Crisis Center Week. During this week we ask the citizens of Johnson County to focus on the services that the Crisis Center offers and the volunteers that provide them. We will be having our 8th Annual Gourmet Benefit Breakfast on Sunday the 28th from 8:00 AM to 1:00 PM at St. Wenceslaus Church and I invite the community to attend that. Also have several other events throughout that week. You can contact the Crisis Center for additional information. Our phone numbers are located on the white pages and the yellow pages. Thank you again for this important proclamation. Nov/ I understand there will be a so called local celebrities like council members serving food at the breakfast. Oh, I have one more announcement here. In Des Moines today, Iowa City received a Tree City U.S.A. Award and it's a growth award for achievement in education and public relations, our Tree Safety Worker Program and it's for partnerships in engineering and forestry coordination. Also our local city forester, Terry Robinson, was given an award as the Forestry Professional of the year. Kubby/ Congratulations to Terry. This represents only a reasonably accurate transcription of the Iowa City council meeting of April 9, 1996. F04996 #3 page ITEM NO. 3 SPECIAL PRESENTATIONS a. Outstanding Student Citizen Awards (1)Roosevelt Elementary (a)Student Council (2)Grant Wood Elementary (a)Shanna Emerson (b)Sara Griffin (c)Nick Rocca Nov/ Now we have awards for children who have been active in their schools. Our first award is for Roosevelt Elementary School and in this school the entire student council was nominated for this award. The student council at Roosevelt Elementary has been in operation for three years and the people to accept this are Cris Harms, Chris Sorrell and Rachel Allen-Holbrook. Would you please come up and stand here? (Reads statement). Congratulations to all of you. (Reads Citizenship Award). Next we have students from Grantwood Elementary. Shanna Emerson, Sara Griffin, Nick Rocca, and Jennifer Leggett please come up. Okay. Let's put two on this side. Two on one side, two on the other side. It doesn't matter who. Very good. (Reads statement). We have a certificate. Jennifer, and Shanna, Sara and Nick Rocca and all of these say the same thing. So I am going to read just one of them. (Reads Citizenship Award). Thisrepresents only areasonably accurate transcription ofthclowa City council meeting of April9,1996. F04996 Agenda Iowa City City Council Regular Council Meeting April 9, 1996 Page 2 ITEM NO, 4 CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED, Approval of Official Council Actions of the special meeting of March 25, 1996, and the regular meeting of March 26, 1996, as published, subject to corrections, as recommended by the City Clerk. b. Minutes of Boards and Commissions. (1) Historic Preservation Commission meeting of January 9, 1996. (2) Historic Preservation Commission meeting of February 13, 1996. (3) Historic Preservation Commission meeting of March 4, 1996. (4) Iowa City Human Rights Commission meeting of February 26, 1996. {a) Consider a recommendation to amend the Iowa City Human Rights Commission by-laws as follows by an addition to Section Xl - Human Rights Complaint Process, as follows: "In a human rights complaint alleging sexual harassment, the parties making the probable cause determination as to whether discrimination occurred must weigh the prejudicial va!ue and relevance of any evidence concerning the past sexual behavior of the complainant," This matter will be referred to the Council Rules Committee. (5) Board of Appeals meeting of March 4, 1996. (6) Iowa City Board of Adjustment meeting of March 13, 1996. (7) Design Review Committee meeting of March 18, 1996. (a) Consider a recommendation that the proposed Design Review Oveday Zone Ordinance be amended so that the City Council acts as the final arbiter in the appeal process. (8) Iowa City Planning and Zoning Commission meeting of March 21, 1996. c. Permit Motions and Resolutions as Recommended by the City Clerk. (1) Consider a motion approving a Class C Liquor License for GMRI, Inc., dba Red Lobster #759, 1069 Highway 1 West. (Renewal) (2) Consider a motion approving a Class C Liquor License for Ki~ Hawk Co., Inc., dba Kitty Hawk, 1012 Gilbert Ct. (Renewal) Agenda Iowa City City Council Regular Council Meeting April 9, 1996 Page 3 (3) Consider a motion approving a Class C Liquor License for Little Donkeys, Inc., dba Panchero's, Inc., 32 S. Clinton St. (Renewal) (4) Consider a motion approving a Class C Liquor License for The Regina Foundation dba Regina Gala, 2140 Rochester Ave. (New) (5) Consider a motion approving a Class B Beer Permit for Terry French dba $am's Pizza I.C., 321 S. Gilbert St. (Renewal) (6) Consider a motion approving a Class C Liquor License for Oldies, Inc., dbe Golden Oldies, 1910 S. Gilbert St. (Renewal) (7) Consider a motion approving a Class C Liquor License for Cafe Pacifico of Iowa City, Inc., dba Mondo's Sports Care, 212 S. Clinton St. (Renewal) (8) Consider a resolution to issue a Dancing Permit to Golden Oldies, 1910 S. Gilbert Street. d. Setting Public Hearings, (1) CONSIDER A MOTION TO SET A PUBLIC HEARING FOR APRIL 23, 1996, TO DISCUSS THE ALLOCATION OF $'100,000 OF FY96 COMMUNITY DEVELOPMENT BLOCK GRANT AND $'100,000 OF FY96 HOME INVESTMENT PARTNERSHIP FUNDS TO ROBERT BURNS AND GREATER IOWA CITY HOUSING FELLOWSHIP FOR AN AFFORDABLE RENTAL HOUSING PROJECT. Comment: These funds had previously been allocated to the Bums~GICHF Partnership for an affordable rental housing project on Old Dubuque Road. A new affordable rental housing proposal has been submitted for 16 lots in Walden Woods Part 4. A public headrig is necessary due to the change in the location of the proposed project. (2) CONSIDER A RESOLUTION SETrING A PUBLIC HEARING FOR APRIL 23, 1996, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE CONSTRUCTION OF THE IOWA CITY LANDFILL FORCE MAIN PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Comment: This project-involves construction of a force main and gravity sewer to connect the new landfill lift station to the sanitary sewer system of Iowa City for treatment of the landfill leachate. The estimated cost of $350,000.00 will be funded by landfill revenues. Agenda Iowa City City Council Regular Council Meeting April 9, 1996 Page 4 e. Resolutions, (1) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A PROMISSORY NOTE FOR REHABILITATION OF THE PROPERTY LOCATED AT 226 ORCHARD COURT, IOWA CITY, IOWA. Comment: The owner of the prope~ located at 226 Orchard Court received financing through the City's Housing Rehabilitation Program on October 7, 1986. The financing was in the form of an seven year Declining Balance Loan for the amount of $16,775. The terms of the loan were satisfied October 7, 1993; thus, the lien can now be released. (2) CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER PUBLIC IMPROVEMENTS FOR WALDEN WOOD, PART 9. Comment: See Engineer's Report. Correspondence, (1) Letter from Robert Oppliger regarding BBoPs. (2) Letter from Russell Karkowski, Jalandhara Meditation Center, regarding Tibetan lamas. (3) Letter from Kenneth Moore (President) and Laura Reed (President- elect), University of Iowa Staff Council, regarding transit service. (4) Letter from Karen Chappell, Joyce Summerwill, and Shirley Wyrick (Co-Chairs), The CenterSpace Committee regarding CenterSpace. (5) Memoranda from the Traffic Engineer regarding: (a) Stop sign installation on Fifth Avenue at its intersection with F Street and removal of stop signs on F Street at its intersection with Fifth Avenue. (b) Stop sign installation on F Street at its intersection with Sixth Avenue. (c) Stop sign installation on Waterfront Drive at its northerly intersection with Stevens Drive. (d) Parking prohibition on both the north and south sides of Stevens Ddve from its intersection with Gilbert Street east to its easterly intersection with Waterfront Drive. Agenda Iowa Cit, City Council Regular Council Meeting April 9, 1996 Page 5 g. Applications for Use of City Plaza. (1) Nicole Cook for the Rape Victim Advocacy Program "Clothesline Project Display" to be her April 27, 1996. (approved) h. Applications for Use of City Streets. (1) Diane Denneny for the Children's Miracle Network Telethon/Ronald McDonald House Race to be held Saturday. May 4, 1996. (approved) END OF CONSENT CALENDAR. iTEM NO, 5 PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA). ITEM NO, $ PLANNING AND ZONING MATTERS, Consider setting a public hearing for April 23 on an ordinance amending the Zoning Chapter to change the use regulations of a 3.09 acre tract from RS-5, Low Density Single-Family Residential, to OPDH-5, Planned Development Housing Overlay, and approval of a preliminary OPDH plan for property located on the north side of Village Road. (REZ96-OO04) Comment: At its March 21 meeting, by a vote of 5-0, tee Planning and" Zoning Commission recommended approval of the proposed rezoning and preliminary OPDH plan. The Cornmission's recommendation is consistent with the staff recommendation. Action: #5 page ITEM NO. 5 PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA). Nov/ Item No. 5 is public discussion. This is for items that are not on today's agenda. If you would like to speak to us, please come forward, sign in or put the label down and please limit your remarks to no longer than 5 minutes. Kubby/ Looks like the crawdad lady is here. Holly Berkowitz/ That is right. 612 Granada Court. I represent the crawdad community in the state and we would like to lobby for clean clear water. It is not just a local problem. It is a state problem and I think the local crawdads would really like to take this problem to the state and I am not sure local sales tax is the method to tackle it because that just sends people outside of the Iowa City area and it has to go to state, it has to go to the national, it has to go the global. you know, if it keeps continuing, the water just keeps getting dirtier and dirtier. I get very irritable. I don't get any cranky crawdads for nothing. And I have support of my children and the kids that came to the water festival at Northwest Junior High last weekend thank you very much. Here are some clay models that they made of some of the water insects that indicate water quality, indicating that it is possible, very cost efficiently, to determine the quality of the water just by the kinds and types and numbers of the insects in the water. You can come to me for assistance. There is going to be a promo this weekend for the Ralston Creek Stream Clean Up on April 20 and that is a good start. It is a good demonstration of what the urban runoff does to a stream. Thank you. Kubby/ Thanks, crawdad lady. Richard Rhodes/ 2014 Rochester Avenue. I would like to address you tonight about transportation networks in new subdivisions. I asked the City Clerk to pass out a copy of the statement that I am going to read. It includes an illustration on the back. (Reads statement). Thank you for attention to this question. Vanderhoef/ May I speak to- I appreciate you watch dogging this kind of thing and yes, if you would take this to the Neighborhood Open Space Action Committee. This is something that is in the next section that they have requested the trail away from the sidewalk. But it is in still that undeveloped area and it would be with that request that they have for the trail head up on Melrose in the far northeast corner of the tract. Thisrepresents only e reasonably accuratetranscription oftha Iowa Ci~ council meeting of April 9,1996. F04996 #5 page Rhodes/ That may be true but this information has not been previously brought forward. Vanderhoef/ No, it isn't. So just keep watch on it and thank you very much because it is part of the intention of plans to get a trail there that is not. Rhodes/ I am glad to hear that but unfortunately that still leave this whole central fairly dense area unserved by- Which I counted almost, counting the potential area reserved for future development- There are almost 50 lots back after that which is a considerable population to have with that large open space with nothing running through it. Thank you. Anna Buss/ 525 West Benton Street. I had noticed- When I was here the last time you had mentioned that you might be discussing the backbilling issue at this time and I noticed that it wasn't on there and I just wondered if you had had a chance to look into it or to talk about it within one of the council private sessions? Nov/ Not yet. Buss/ Okay. Nov/ We said we would look into it. We just didn't have time on this agenda. Buss/ Okay, well that is fine. One of the things that I thought about was making a suggestion that, you know, in all of our water bills, we always get like a little newsletter from the city which I think is a great idea. I think about everybody reads those. Maybe the city could put something in that newsletter and say for all of those people who are in a situation where you have a duplex or a three-plex or a four- plex where the city picks up your trash, it would be beneficial for you to check out your water sewer bill and trash bill to see if you are affected by this back billing. Maybe the city could declare somewhat of a moratorium for all the people who do come forward, like myself, maybe, since I was the one that looked into it. I know that about, to date, I think there is 15 others that have been affected by this. And maybe the city could implement a plan where if those people come forward by a certain date that there is no back billing fees after said date. Then you will be charged maybe the full price or whatever and I think that would encourage a lot of people to really look at it. I know, like I said, to me Thisrepresents only ereasonabiy accuratetranscription ofthe Iowa City council meeting of Aprllg, 1996. F04996 #5 page 3 it was a real surprise. The other thing that I would like to mention for a few minutes is the recycling program. I know that in our neighborhood it is kind of a problem being on Benton Street. Today, if you would have driven up Benton Street, you would have seen a lot of trash blowing around because not everybody puts the lids on their containers which is no fault of the city's. But I noticed that last week, in a number of areas of town, that there was only one person on the recycling truck and he was having to drive forward, run back, pick the stuff up and in my opinion, I am sorry, but that is not really time effective as well as cost effective. I don't know what the problem is there but there might be some reconsidering on that program. I know our house is kind of, even though we are paying now for that extra person or that extra duplex, we have always recycled down at the recycling center. So maybe something could be rethought there and there could be a little more input into that. The other thing is that I was reading about the 1% option tax which of course a lot of people had come to you years ago about and that is, I know a lot of people have been talking about it with the neighbors and stuff. A lot of people think it is a good idea only if that money is specifically pinpointed to 90 towards some of the city's major expenses like the water plant or the sewer plant so that that is completely offset because the people who are- And we have all said this before, this is on record, that the people who are actually coming here from out of town would sort of share that cost. A lot of the local residents that I have talked to are kind of concerned in the fact that this could be just put to other things. I think that if the city kind of made a decision that this money would only be placed towards that expense, to offset the raising of our water and sewer bill, I don't think there would be as much resistance. The other thing I wanted to mention, since I have got a couple of seconds left, is that I just got back from Washington D.C. a few weeks ago and my expenses weren't nearly as high as the city's were and I stayed in a pretty nice place. I will have to say that I didn't know about my meeting until two days before. So it cost me almost $500 for an airplane ticket. It only cost me $150 for a motel room for four nights. I happen to be lucky and I didn't stay in a very fancy place. My food bill only came to like $125 and I did rent a car and that did cost me $100. I would not necessarily have had to do that. But my total travel expenses and I am sure that you have all seen the paper that this was in, Saturday's, the 6th, where each person's travel expenses were put in here. Congratulations to Mr. Norton for finding a free place to stay. I don't know if you paid for that yourself or This represents only a reasonably accurate transcription of the Iowa City council meeting of April 9, 1996. F04996 #5 page 4 not but in being in Washington D. C. and ! realize you probably had expenses ~n paying for classes or conference fees. I also had those and I kind of offset those. I think I could have saved some money had I been able to know further in advance about my meeting. The other thing that I would like to suggest is when I was in business many years ago as a hairdresser, our employees of which we had quite a few. We kind of had a salon policy there only two people- We had a budget, an education budget and we all paid into that budget. And only two people were allowed to go to each major meeting. That way we could travel all over the United States and it didn't cost ~s as much. So I, among other people, feel that the expense of sending six people to the same meeting was a bit outrageous. So, in the future, maybe this council could talk in and amongst itself and set some kind of policy where only two people go to all the major meetings and then you can go to more meetings and spend your money in a better place and then come back and share that education with others. Thank you. Nov/ We are going to talk about travel policy at some point. Kubby/ Although we did meet on a daily basis, too, and make sure that not too many people went to any one conference. There is so much stuff going on at that conference. To me it was a real advantage having so many people there that we could split up all the issues to make sure that someone was at every kind of workshop. So I thought it was a great- Nov/ Also for Anna and anyone else who is concerned about sales tax, we will have some public discussion on that when we get it on making that decision. Thornberry/ And too, it won't be our decision. It will be the people's decision because it will be on the ballot for the people to vote on. We will open discussion before it is even put on the ballots. Nov/ I was trying to say what you said much better. We have to put on the ballot what the purpose of the tax is. We are required to do that. So we will have people tell us what purposes they believe are the best. Okay, moving on. Anyone else who wants to talk to us about an item not on the agenda? Public discussion is closed. This represents only s reasonably accurate transcription of the Iowa City council meeting of April 9, 1996. F04996 Agenda Iowa City City Council Regular Council Meeting April 9, 1996 Page 6 Public hearing on Amendments to City Code Title 14, Chapter 6, "Zoning," Article J, "Overlay Zones," by creating a new overlay zoning district entitled "Design Review Overlay Zone." Comment: At its March 7, 1996, by a vote of 5-2 (Scott and Gibson voting in the negative), the Planning and Zoning Commission recommended denial of amendments to the City Code Zoning Chapter creating a new overlay zoning district entitled "Design Review Overlay Zone." The Commission further recommended a suggestion, by a vote of 7-0, that if the Design Review Oreday Zone Ordinance is adopted, that: a) an alternative appeal process be considered having the City Council as the final arbiter; b) a preset time limit be established in which the City must act on an appeal; and c) that the City adopt a resolution to abide by the Design Review Overlay Zone Ordinance. At its June 12, 1995, meeting, the Design Review Committee, by-a vote of 7-0, recommended adoption of the Design Review Overlay Zone Ordinance. Subsequently, at its March 18, 1996, meeting, by a vote of 5-2 {Reisetter and Rohovit voting no), the Committee recommended that the proposed ordinance be amended so that the City Council acts as the final arbiter in the appeal process. Action. ~,~ Public hearing on an ordinance amending the Zoning Chapter to change the use regulations of a 1.88 acre tract from RR-1, Rural Residential, to RS-5, Low Density Single-Family Residential for property located at 3263 Rohret Road. (REZ96-0003) ('Sf-fL~j Comment: At its March 7 meeting, by a vote of 6-0, the Planning and Zoning Commission recommended approval of the requested rezoning. The Commissiof'~'s recomnlendation is consistent with recommendation. Action: the staff #6b page I ITEM NO. 6b Public hearing on Amendments to City Code Title 14, Chapter 6, "Zoning," Article J, "Overlay Zones," by creating a new overlay zoning district entitled "Design Review Overlay Zone." Nov/ P.h. is now open and I understand that Design Review Committee would like to present some slides and then we will go ahead and take public comments. Martin Haynes/ I am the chair of the DR Committee. Nov/ Would you please move closer to the microphone? Thank you. Haynes/ Last night in the work session council had the opportunity to look at the details and mechanics of the actual ordinance and at that time council asked me to show them and with the public a slide presentation that myself and other members of the DR Committee have presented to over a dozen community organizations over the past 4-5 months. That presentation really, and I will be happy to share that with you as you have asked, deals with more the goals of what the DR Committee has established for this ordinance. Some of the history of the DR Committee and also some examples of the guidelines and how those guidelines might work as the actual ordinance would be implemented. So I will, with that, go ahead and share with you what this slide presentation is. (Presents slide presentation). Just introductory slide, of course. This is what we all recognize as d.t. Iowa City which I think we would all agree is a heart of our community. Also I think you would agree that change in Iowa City and the d.t. area has been constant and these next few slides will illustrate how dramatic some of the change has been. I believe this is the north side of College looking east back before urban renewal. Nov/ Are we hearing him, Marian? Haynes/ And this is also the north of College but it is looking to the west and you see, of course, the development of the pedestrian mall, Plaza Center One and the Old Capitol Center across Clinton. Another slide of pre-urban renewal looking north on Dubuque, the west side I believe and then subsequent change after urban renewal looking to the south. You see, once again, Plaza Center One and the Holiday Inn in the background and, of course, development of the street or the pedestrian- scape now of the pedestrian mall. And just as the d.t. look has changed, the role of the DR Committee has changed and when This represents only 8 reasonably accurate transcription of the Iowa City council meeting of April 9, 1996. F04996 #6b page 2 the committee first started to look at proposing this ordinance, we decided that we need to define what design review is in Iowa City in the context of Iowa City and design review is a process in which citizens have an opportunity to review the aesthetic changes in d.t. Iowa City. These changes affect buildings and the facade, the streetscape and public spaces. So, yeah, you got this process. You know, what good is it and how might it be used. What are the goals of this process and that is something the committee asked itself and we felt it, of source, important to establish goals for the ordinance that we are proposing. One of the goals is to enhance existing character of Iowa City's d.t. I think all of us who are familiar with Iowa City d.t. know and ag£ee that it is a unique mix of not only architectural styles of different types of buildings and occupancy. This, of course, is a more historic building of Bushnell's Turtle. Here a more modern architectural interpretation, Prairie Lights, which, of course, there are varying opinions as to who likes restoring history, who likes to have a more modern approach. But within both of those approaches there are ways that a good design can be implemented and the big part of the d.t. is the streetscape. Is the pedestrian mall-It is those landscaping elements that, you know, start to link everything together to tie it together as a cohesive d.t. unit. Another goal is to promote development of diversity and there is a special character. And, as I said before, there is a unique diversity in the d.t. and it is brought about by, you know, all the different kinds of establishments that there are. You know, there is restaurants and you know there are jewelry shops and art stores and you know, all of these things that has helped to contribute to that unique character that Iowa City has and is something that was critical to you know, the DR Committee's ideas in putting together this proposed ordinance and just more slides showing the various types of establishments in the d.t. Restaurants, of course, retail establishments, more restaurants, and offices and there is even residential involved in the d.t. This, of course, is a recent development just to the south of Burlington and right now there is another residential development underway just to the west of town center. Another goal: To provide for a pleasant, rich and diverse pedestrian experience. You know, that is the kind of thing that attracts people to d.t. Iowa City. It is a great place to go and not just for the residents of the community and for the students but for people outside of the community in outlying cities. So I think Iowa City, you know, is a destination point and it is because it has, you know, great places to shop and good places to work and good places to eat This represents only a reasonably accurate transcription of the iowa City council meeting of April 9. 1996. F04996 #6b page 3 and you know, it is a great place d.t. just to gather as a community and that is something we want to preserve and enhance, make better and, you know, a goal once again of the DR Committee. A final goal was to humanize the d.t. by promoting the arts and design excellence. You know, I think a primary goal. Here, you see, the well known fountain out in front of Plaza Center One at the, I guess, the T or terminal points of the pedestrian mall. You know, a popular spot. This is not in Iowa City but it is a good example of how art can be integrated into the streetscape. It is something that the committee would like to promote and see happen in the d.t. It is a goal that isn't illustrated by a slide but it is one that the committee has always been thinking about. That it is very important that the committee use this ordinance to educate the community about the merits of good design and how good design can contribute to the overall well being of the d.t. area. And that is kind of what design review is in terms of, you know, its relationship to the d.t. Iowa City. But also to achieve those goals and to achieve a level of good design there has to be parameters or design guidelines that can be milestones for developers or owners as they pursue different development projects and a goal that we establish for those guidelines would be to preserve the harmony of d.t. by encouraging the design of the buildings and streetscapes which relate to Iowa, Iowa City, its setting, people or its history. And the following slides will illustrate what some of those guidelines are. I think the guidelines are critical to the proposed ordinance because they - CHANGE TAPE TO REEL 96-48 SIDE 2 Haynes/ -establish those parameters and set milestones of what good design and appropriate design is in Iowa City. One of those guidelines that we would encourage would be that renovated building should retain the original architectural style and the prominent features of the facades and you may or may not recognize this particular group of buildings even though it doesn't look like a group of buildings. But I'm sure this will kind of clue you in. It's very apparent how, just by removing the paint and restoring some of those architectural features that were there, this becomes a distinct group of three buildings, not just one building that has a fairly blank facade by virtue of the paint that was on it. Each one has its own unique cornice and its own unique approach to a storefront, its approach to the sidewalk, or how one enters the building, the certain rhythm of window. So all those things are important in bringing the building of the facade to Thisrepresents only areasonably accurate transcription ofthelowe City council meeting of April 9,1996. F04996 #6b page 4 the sidewalk and animating the pedestrian experience. These are just another example, this shows the old Iowa Theater which was on the pedestrian mall. It doesn't have to be rctroed. It doesn't have to go back to what it was in the past. It still can be good design by going forward. This is a modern interpretation of what the facade was. It's clear that the person who developed this particular project was conscious of design, and that there were other ways to develop a facade that animates the streetscape and engage the pedestrian besides just going back to what it was before. Thornberry/ Thank you. Nov/ That was yours, wasn't it? Haynes/ And this of course, (can't hear) is not a building, it's a billboard, it looks like to me. The any architecture this building had has been erased and it's being used as a billboard. But here you see what it is today. Whether or not what you see there is what was underneath that mural, it reall~ doesn't matter. It's still, this was a development or not a restoration, but a renovation of that facade, you know, that works very well. Those three buildings now are going to start to work together to unite that section of streetscape and sidewalk. And just the simple use of the awning at the same height to connect them all really goes a lot forward in maintaining the continuity of the street. Another guideline that we would support would be that all signs and graphic symbols should relate to the building, its facade, its color, should be compatible with the signage of other buildings around it. This was Iowa City before urban renewal and you can see it's just a landscape littered with signs and not too desirable to look at. And this is something that we think is a good example of discrete use of signage, GM Malones that is, where it doesn't have to be, we'll hit on the other one to the left in a minute, because there are worse examples on either side of something that we wouldn't promote. It's discrete use of signage still communicates this is a restaurant. It's a bar. It's a nice renovation of that facade. And there's some other examples well known to me and well known to a lot of us here I'm sure is Mickeys. Here you see signage that done in two scales. First of all you got one that is sort of an upper level that comnunicates to a person across the street, this Mickey's, on a green background which relates to the green on the arches above the windows. But then there is this nice sign on the window as you are walking by next to it. This is good usage of signage. It invites one in. To me, even the door is This represents only a reasonably accurate trenscription of the Iowa City council meeting of April 9, 1996. F04996 #6b page 5 friendly. It is inviting. So there is a number of ways you could use this signage in a discreet way that works without being a Pizza Hut sign. And another guideline that we would promote would be that the development, the first floor provides some animations. Provide some way to invite people in through lighting, planting, shop windows. It would become a place where pedestrians like to walk by. We are all familiar with this building that people don't like to walk by. All the students cross the street before they get to the intersection because there is nothing there to keep you on that side of the street and this is something that we would discourage and this is just another example, not in Iowa City. It happens to be in Washington, Iowa. But you do see it. At one point in time this facade of this building was full of windows, something that would be pleasant to look at. For one reason or another they were boarded up or bricked up and really denied the architecture of that particular facade. Also you see the front that probably faces the main street has been covered with aluminum or some sort of metal siding. I would bet that the facade looks something like what that building is to the right where you have got some sort of unique cornice. You have got a rhythm of windows that relates to what is happening behind the facade. Truthfully, you know, Barbara's Bake Shop and those adjacent buildings could have done the same thing because there wasn't anything in place to keep people from doing that and I don't think any business or property owner would want that going into next to them just because it wouldn't be friendly. This is just a good example of how to animate the streetscape. Here you see an overhang kind of coming out to offer some shade, some human scale, some device that puts a recessive entry. You get an idea that is where you go in. It starts to communicate to the pedestrian these are good things. Also next you can see a signage band that establishes the first floor level and you see that repeated in other shops along the way. Not exactly the same height but you get a notion of where the first level is, so it's all about, and even though the (can't hear), it's about creating a nice pedestrian space. All of these things, we see them happening in Iowa City and we want to preserve that but we also want to enhance that and keep that going and that's what this ordinance is about. A final potential guideline would be that canopies and awnings must reflect the style and character of the architecture and they relate to it and the color is appropriate and it works with adjacent buildings. You're all familiar with this and it's been somewhat controversial. Unfortunately I think it's going to remain because through some whatever it's under either the signing, the awning, or D This represents only 8 reasonably accurate transcription of the Iowa City council meeting of April 9, 1996. F04995 #6b page 6 canopy ordinance, it was the correct interpretation at that time. When you're next to this building, you really aren't aware of the building above the canopy or awning or sign at all. You don't realize that at the entry, there's this nice bay window that would tell you that this is the entry to the building because it announces it. You're not aware that these arches over the windows are on there. It's really just a big advertisement and not appropriate. This is in Cedar Rapids but it shows kind of a discrete usage of an awning showing that it breaks down the scale of the building to a more human scale and provides some shelter, delineates the shop windows and the colors are appropriate with the building materials in the signage for that business. It's a nice composition. And once again that's the type of thing we would like to see happen in Iowa City. It's happening but we want to see it continue to happen. And we don't want to see another Pizza Hut sign on a whatever. Another example, here you've got McDonalds. They don't feel it necessary to have huge golden arches everywhere. They recognize that they are ubiquitous throughout the world, and Pizza Hut the same for that matter. So instead of plastering a big awning up there that said McDonalds, they used architectural tools to help engage the building to pedestrians. The copper awning that you see there once again breaks down the scale, announces the entry, announces where the windows are and makes real pleasant facade that's appropriate. Just quickly, a little history of the design review. Probably council's aware of this, but the DR Committee was established as an ad hoc committee back in the mid-1970's to give citizens the opportunity to assist with the design of urban renewal parcels and improvements in public areas. It's also reviewed projects in the near south side area which request property tax abatement. But it's done this only in an advisory capacity. It takes recommendations to city council and city council makes the final approval or disapproval of those projects. Granted now because of the number of urban renewal parcels left, the scope of the DR Committee, it's ability to contribute to the high level of design really isn't there and that's part of what this proposed ordinance is about, to make it possible once again for the DR Committee to contribute in a broader sense to the development of d.t. Iowa City and the near southside. So basically that brings us to where we are tonight, what's the future of design review and one last comment I have is that over the course of the past few months, the effort of the DR Committee and myself to get out and communicate to the public and the community what this proposed ordinance would do and what it was about has given us the opportunity to talk and meet with a lot of people. And Thisrepresents only areasonably eccur~etranscription ofthelowe City council meeting of Ap~il9,1996. F04996 #6b Nov/ John page 7 we've heard a lot of things, different opinions on what design review ought to be, where it ought to be or how it should be integrated in the development of d.t. Iowa City, but I think there is an underlying consensus that good design is an important part of the equation that equates to an economic and physical and social vital d.t. to Iowa City. And the DR Committee sees the proposed ordinance as a clear opportunity to contribute to that equation. We feel that by being able to review projects that are under way, we can help Iowa City put its best face forward. And that's what we are about. That's what the ordinance is about. Thank you. Thank you, Martin. Anyone else who wants to talk about the Design Review Ordinance please come forward now and we are going to go back to five minutes. He was an exception to the ordinary rule. Beckord/ Chamber of Commerce. Good evening. At our March board meeting, the Board of Directors of the Area Chamber of Commerce considered a recommendation from our Local Governmental Affairs Committee about this issue and voted unanimously to oppose the proposed Design Review Overlay Ordinance. Now it's important to indicate that the Chamber strongly endorses quality design review. And there's no argument ~hat there's real benefits to good design. But your decision tonight is not about whether design review's a good thing. Your decision about whether the city should actively encourage owners and leaseholders of buildings of private property to use design review assistance or whether the city should mandate compliance to specified design standards which have not been laid out for us in overlay zones which again have not been laid out for us at this time. And I understand the way this was put together, that was not possible. It's not a shortcoming of the folks that put this together. It's the nature of the way it's presented. The proposed ordinance extends significant regulatory authority to the DR Committee and imposes a costly administrative process on improvements on private property. I'd ask you to think about this in two very different ways. In your conversation last night, it was clear to me that we're floating around between different scenarios. One of them is the large project, that 6-7 story building, where architects, engineers involved. It's a whole different set of circumstances from the very small project. There might be a small facade improvement. In the large project, I might set up a scenario for you where a developer has decided to build a very significant project, has gone through a very expensive process of developing the plans for that structure This represents only a reasonably accurate transcription of the Iowa City council meeting of April 9, 1996. F04996 #6b page 8 and submits all the proper documents and the like. Financing's arranged. They're locked in for 30-60 days at a particular rate. They've assigned and (can't hear) a particular tenant to perhaps 2 or 3 floors of the building. Tenant comes in shortly before the deadline and says we need some changes. The project hinges on this tenant. This tenant needs some changes. This happens all the time in big projects. The way the ordinance is written now, any exterior changes have to go back and submit a whole new set of documents for review. The locked in rate expires. Who knows what's happened to the economic climate. Interest rates change. You have to go refinance the project. You could potentially even lose your tenant. Now that's a worst case scenario, I admit. And you're not going to be seeing many big projects in Iowa City over a period of time. Let's be real. But that's a very real example of what could happen. In small projects, you're talking about the small business person. No big budget for architects and designers. And you'll be putting a significant burden on that small business person to interpret the ordinance, interpret the design standards for the particular zone that that person happens to be in, and the preparation of all the documentation that goes in to this. We're talking now about the one two person kind of shop. Now we've met with the Design Review people and knowing Marty and Clara and some of the others, these are people who are willing to be extremely helpful. They're going to bend over backwards to be timely and do everything they can to move the process along and be helpful. And that's the way they have been in the past. It's almost hard to oppose an ordinance like this with people like this who are involved. But of course this is something that will be on the books for some time. Times change. People change. Attitudes change and that's part of the risk that goes with an ordinance like that. Last night's discussion, David Schoon said, given the detail required to evaluate a design, the applicant should start the process before the building permit is issued. Again I go back to the small business owner who has to pour over this detail while of course running the business on the side and get all this detail together, so they can be reviewed. There's the issue of subjectivity of design. It's very difficult to pin this down on anything, but the example we saw tonight of the Jefferson Hotel with the first floor, the pedestrian level awnings that come out which I would expect that most of us would agree wouldn't pass a Design Review test today. But 20 years ago it won design awards. Last night Karen said that, is good design a community value? And I'd say absolutely yes. But I ask you carefully consider your reflex to immediately endorse proposals like this ordinance to This represents only e reasonably accurate transcription of the iowa City council meeting of April 9, 1996. F04996 #6b page 9 embrace that community value, because there may be other ways, certainly voluntary compliance and education of people who own property to comply with good design standards without mandating this. Thank you. Nov/ Anybody else like to talk about this? Tom Gelman/ Chamber. I've lived in Iowa City all my life. remember when the (can't hear) sign was put up and it finally put Iowa City on the map, as ugly as it appears to me now. And I'm here also to speak against the ordinance and certainly not because I in any way feel that design review is not an admirable goal or process. The way that I perceive the issues here that you're confronted with, is essentially what to do with DR Committee. Its functions, as Marty explained, are dwindling in that there are very few urban renewal projects left, And its responsibility is therefore diminishing. The issue then is how should we revitalize this groups mission in our community. And I would offer to you that the proposed ordinance is a very uncreative way to do it that there are much better ways that their energies and efforts could serve and still bring about most if not all of the goals of good design in this community. The ordinance is cumbersome. It will be burdensome to enforce and it will be burdensome upon all people to comply with. I've been through the ordinance several times, and I know from my professional responsibilities as a practicing attorney in this community that it's never as easy as it looks in these ordinances. This enabling ordinance is 8 pages. There will be another ordinance with the overlay zone which will be another 2-3-4 pages. And there will be guidelines which will be another 2-3-4-5-6 pages possibly. So we're already dealing with a very cumbersome paperwork let alone actual provisions of the ordinance. I would point you towards the very first sentence of the ordinance. It says, whereas the City of Iowa City deems it necessary. And I question whether this ordinance is necessary. We saw some wonderful examples of good design in Iowa City. They occurred without any ordinance. And they occurred without the advisory guidelines of the Design Review or at least most of those projects did. And in fact, if we look at very recent projects in Iowa City in the areas that we're talking about, they occurred without Design Review. Now the message is getting out there. We do have examples of bad design but most of those are old. And the question is, what is our tolerance as a community and what are we willing to impose upon all those in the process in order to meet that tolerance. Can we tolerate one bad design in d.t. Iowa City? I think we probably can. Can we This represents only a reasonably accurate transcription of the Iowa City council meeting of April 9. 1996. F04996 #6b page 10 tolerate two? I think that we probably can. But what are we going to impose upon everybody who's involved in the process to have no tolerance? And I think that's an unreasonable expectation. I think the process is cumbersome. Again from my professional standpoint, there will be leases, there will be real estate transactions, that are contingent upon design review approval. If during the course of your project you have to for structural reasons change your design on the exterior of your building, your project is stuffed. You have to reapply. You have a 21 day period possibly to get an answer and you can't work in the meantime at least on the exterior of your project. That is a cumbersome process. I know also that even when ordinances have deadlines for periods of time, how often is a decision made within that timeframe. We know that those timeframes are always extended by agreement of the parties but the problem is that the applicant is unwilling to take the risk of denial and they are forced to extend and these projects will be extended and it will be at cost. I know that in reviewing the details of the ordinance, I became alarmed when I read that not only the common name but the Latin name of all vegetation my be included in the documentation. That's why I encourage you to look at the minutiae of the ordinance to see the nature of the encumbrances that wil] be imposed upon people trying to comply. Now what would the alternatives be? I don't think the DR Committee should disappear. To the contrary, I think they should continue to exist. I think they should continue to play probably a mandatory role in connection with any project that involves city, state, or federal government funding. And play the same role they played in the past. The question becomes what role do they play with the other projects. And I would encourage the DR Committee to prepare materials, to distribute those materials, and try and get their message to the potential developers, potential remodelers of what good design is. And to try and impress upon them, those good design standards without imposing this type of ordinance upon that community. These are people who are trying to do good. They're trying to improve their properties. And I think we can educate these people and get the message across. And if that doesn't work, then maybe this as a l~st resort. But as a first resort, I think it's an improper process. I think that the DR Committee could do a lot of good in getting their message across and in giving guidance to the development of projects at the right time of the project. Not at the end when you have to submit all of your final drawings, but through the whole course of the project. I think there would be more potential for that type of guidance be given at the proper timing, then This represents only a reasonably accurate transcription of the Iowa City council meeting of April 9, 1996. F04996 #6b page 11 the actual city ordinance provides. This ordinan.-e really comes down to final drawings, to your final documents, and then once they're submitted and approved, you can't change them without a lot additional time and energy and money. So I would encourage you to carefully consider the ordinance. Please don't get the message that the Chamber or myself is against good design. We encourage it among our members. We've talked to the Design Review. I feel bad that I'm here speaking against a concept as potentially beneficial to the community as design review, but that's not what I'm doing. I'm talking about this ordinance. And I have told the Design Review people that to the extent that the Chamber could participate in a less intrusive process, we would be a player. We would help to educate our members, and help to educate the business community of the very valid benefits of good design. Thank you. Kubby/ I hope the Chamber will do that whether this ordinance passes or not. Gelman/ We (can't hear). Anna Buss/ 525 W. Benton. As a small business person in the 1970's I was lucky enough to bid on one of Iowa City's urban renewal properties and get it. And again I would also like to see the DR Committee be like a voluntary basis instead of mandatory. But when we wanted to build a building in d.t. Iowa City it was down by Breese's Auto Parts. And I know what it's like to design a building and have that design in place. The city made some changes about their green space and their parking which on a small level knocked our project completely out of the budget. We just couldn't afford to do it and as a small business person, I can tell you that a lot of people don't have the big budgets that can afford to have someone come in and like he said when changes have to be made, any time you have a delay and ours was, we had it all budqeted out and we had allowed something like $50,000 to run over budget. And when that quadrupled, we never did get a building put up. We ended up selling our property to Mr. Breese who because of the way the things were laid out, he also could not build on it. It's disappointing for small business people not to be able to comply with the city and to have their project knocked out because they just can't afford it. And the DR Committee came and they made their presentation to the Iowa City Landlords' Association and a lot of the people, you know we sat around later and talked about it as well with them, and we all thought it was a really good idea, but again on a voluntary Thisrepresents only ereasonably accuratetranscription oftbelows City council meeting of April9,1996. F04996 #6b page 12 basis. So I would like to also agree that maybe if it could just be on a voluntary basis and not mandatory. Thank you. Nov/ Thank you. Glenn Siders/ Homebuilders' Association of Iowa City. It's a membership of over 250 people, the majolity of which live and work in Iowa City. We'd like to reflect the comments of Mr. Bechord and Mr. Gelman. We agree wholeheartedly with every word that they said. We however take it one step further then what they did and oppose primarily the way this ordinance is drafted. We feel it's another added layer of bureaucracy which is not needed. But we particularly disagree with three aspects of this proposal. One is the fact that in this proposal, they talk of adopting guidelines after you adopt this ordinance. We fell guidelines if you're going to adopt an ordinance and make it mandatory, guidelines do absolutely do need to be necessary part of that document so that you know up front what you're looming at, what you need to do. I think to quote Mr. Haynes, guidelines are critical to this ordinance. I think it needs to be part of the ordinance. A second thing that we would oppose in this draft is the timeframe, turn around time it takes to make a decision. I did a little, I'm not going to call it worst case scenario, but I did a little counting on a calendar and if I were to walk into a building tomorrow and start this process, assuming that I wasn't rezoning any property, having to go through P/Z, assuming I didn't have any changes that had to be made to any proposed zoning was fine and dandy, but also assuming that everything ran off to the maximum time frame which is probably unlikely but there are some submittal dates, it is theoretical that I could walk in to the building Department and apply for a building permit tomorrow, April 10, and be issued that permit July 25, simply because you've gone through the 21 working day process. You haven't submitted the 7 days prior to the regulatory meeting, holidays, etc, etc. We think that would be a little bit much. And the third thing that we would probably oppose is the appellate body being City Council. I'm not sure or we're not sure who the appropriate appellate body would be, because you're talking about design. That's a very very difficult issue for anybody to review much less appeal. We do not feel the council would be the appropriate appellate body. Thank you. Nov/ I would like to clarify just a little bit. Siders/ Sure. This represents only e reasonably accurate transcription of the Iowa City co[mcil meeting of April 9. 1996. F04996 #6b page 13 Nov/ Because this is an enabling ordinance, each district will have its guidelines attached to this ordinance and there will be p.h.s on each of those guidelines in the future. This ordinance must be done this way as we understand it. First you enable the ordinance to adapt a district and guidelines, and then eventually they do this and the guidelines should be adapted according to plan with the neighbors who live in the district who own property in the district. And then the p.h.s provide that. Siders/ The thing that concerns us is when Mr. Haynes mentions certain areas he wants to on the first floor put windows, doors, you're starting to get into items that could be costly in lmture. And it's very difficult not knowing what the guidelines are to go ahead and pursue a project and decide whether you want to do it. I think the guidelines need to be known immediately. Baker/ Glenn, that's the point. The guidelines will be in place at the designation of the district. We don't designate the district go in for building permit, there are no guidelines. The process requires that the guidelines be in place with the district, not afterwards on some unforeseen date. Nov/ The guidelines will be different. If your building's on this street instead of that street, your appearance will be different. Thornberry/ In other words Glenn, your choices have been seriously curtailed on if you want a certain design and you're not in the right neighborhood, sorry, you can't have it. Siders/ I understand. Kubby/ The guidelines aren't: you have to look like A,B, C. They're written so that there's compatibility and there's lots of room for flexibility. So I think it's a very important unfair characterization. You still may disagree with the mandatory nature of it. But you should characterize how it is, not how it. Siders/ In opposition to what you just said though, there's nothing written. We don't know just what it is. Nov/ That's why this ordinance is written this way, so that guidelines can be distinct to each district. This represents only a reasonably accurate transcription of the Iowa City council meeting of April 9, 1996. F04996 #6b page 14 Baker/ And the development of those guidelines is going to require the participation of the property owners in the proposed district. They will have input into the guidelines. It ain't going to be a surprise. You might not agree with the eventual product, but it will not sneak up on you. Thornberry/ In other words Glenn, your neighbors are going to tell you what your building is going to look like. Siders/ Thank you. Nov/ Is there anyone else who would like to talk to us about the Design Review Ordinance? Okay. Nov/ You need a motion for correspondence? Moved by Kubby, seconded by Vanderhoef. Any discussion? All in favor please say aye- (ayes). Kubb¥/ Before we close the p.h. I just want to note that we have received correspondence from 1, 2, 3, 4, 5 different people who own either one or multiple pieces of property in d.t. or the south side of Burlington who are in favor of this ordinance. I guess I just ~on't want to leave it that it seems like anyone who appeared or corresponded with us was all against it. There is a lot of discussion about this, whether we should do it or not. It is not all one sided. Nov/ Correspondence was on both sides. Is there any council discussion, any amendments, things like that that we may want to consider? We are not going to vote on the ordinance today. We will do that two weeks from now. But if there are any council ideas about changing things, we should mention it during the p.h. Kubby/ I guess I would like to move to continue the p.h. because I would like to think about some language that really clarifies that the process is in the Building Department and through DR can be parallel. To somehow clarify that to clarify that people can come. They don't have to wait until you come in to get a building permit. Somehow for the language of things at the poh., comments at the p.h. and correspondence. That doesn't seem very clear that you can come in way ahead of when you need a building permit to go through DR. So I would like to think about some clarifying language and therefore would like to continue. I would move that we continue the p.h. with the understanding that our first vote would be next. Through This represents only 8 reasonably accurate transcription of the iowa City council meeting of April 9, 1996. F04996 #6b page 15 April 23. Nov/ Before we vote to continue, I had a couple of ideas that DR Committee or just staff may want to think about. We have procedures for the designation of DR Overlay Zone and it said in the case of non-concurrence between P/Z Commision and this committee, the reports of both bodies will come to city council. It has been out practice that we receive those reports whether they concur or not. So I am questioning why in this particular ordinance are we saying both reports come to the city council only if they do not concur. So if we can justify that, fine. But otherwise- Schoon/ Typically under the Zoning Ordinance the wording comes from the P/Z Commission in terms of the report. So if the P/Z Commission would change something in the report, it would come before you in the form of the P/Z Commission's recommendation. What this is saying is if there is non-concurrence that both forms of the report must be sent before you. Nov/ Well, we have also had those kinds of reports where the staff and P/Z did not agree with each other and whether they agreed or not we had both reports. So, I am not sure why we wouldn't get all of them even if they did agree. Schoon/ This is just saying they both must be presented to you. Nov/ Well, that is fine. I would like to to say they both must be presented, not just they both must be presented only if they do not concur. Scho0n/ Well, if they concur, then it will the same report. They will be the same district report. So there wouldn't be the need for two separate district reports. Nov/ Okay. So there will be a single report which will be signed by both of them? Schoon/ Correct. Nov/ One more question. On the committee review and approval of the final application, it says that copies of the committee's findings will be sent to our building officials if they are disapproved. Do you think that we could add that the disapproved- I am on page 5, bottom of page 5. We would send an approval to the applicant. We would send the disapproval to the building official. Can we also send a copy of these This represents only 8 reasonably accurate transcription of the Iowa City council meeting of April 9, 1996. 1:04996 #6b page 16 findings of disapproval to the applicant? Schoon/ Okay, add wording. Nov/ Just add the wording so that we know everybody has the same materials. Kubb¥/ Linda, would language that would- Woito/ That should be in there anyway. I thought it was. Nov/ These are just housekeeping type of things. It is not changing the intent. Kubby/ The language clarification that I was talking about would not be considered a significant change, would it? So that we wouldn't need to continue the p.h. if that is all the difference it was. Woito/ That is nonsubstantive I think. It is just clarification that they can move parallel. Kubby/ I remove my motion even though it wasn't seconded. Just so it is not sitting on the floor by itself. Norton/ Madam Mayor, I have a question I would like to direct to the committee if I could. Have you any idea Marty, roughly how many zones you think might be involved in these two areas d.t? Haynes/ At the most- I think for the CBD I foresee it as being just one and for the Near South Side, having not done the study of what the architectural significance is of perhaps different areas there, I don't know. I wouldn't think it would be more than two or three° Probably just at the most just two just because there aren't that many areas in the Near South Side neighborhood that would have distinct architectural features that we would want to separate from the rest of it. However, when you think there is the area around the depot, that may have some character that is not quite the same if you go farther to the east. But two perhaps. Norton/ Could you also comment on other cities that adopted DR and have articulated the guidelines that you will subsequently articulate when each zone is established or proposed. How long do those run? Have we any examples in hand that people could see? This represants only a reasonably accurate transcription of the Iowa City council meeting of April 9, 1996. F04996 #6b page 17 Haynes/ There are a large number of cities that do have DR processes. They differed somewhat to what we have and what we have outlined and it is really local significant review process. It depends on where you are and how it shakes out. Norton/ One page, two pages five pages, fifty pages? Haynes/ No. Right now we have design guidelines that we have used, that we have developed. They were not developed as part of the initial DR Committee. The committee got more involved- First of all you need to have some parameters to make these-You know, they are subjective decisions. Our guidelines that we have set up, I think, are- with illustrations, four to five pages and I would think that would be consistent with other communities. Granted, these design guidelines that we are talking about, you know, I want to underscore they are participatory. That is part of the reason why they cannot be set down right now because we do want to get the involvement of the property owner establishing what those guidelines are going to be and we, of course, have encouraged people to come forward with their opinion of what should be the parameters of the design set for a particular district and we have to go in and make that study to determine what are those significant architectural features of this particular district, once we have got the enabling legislation to establish the district, to see what guidelines need to be in place to develop the criteria and parameter for designs and development in that particular area. Norton/ Thank you. Nov/ I have one more question. There are some CB-2 zones that are included here and some of those north of Iowa Avenue are not included and when I first thought about this, it is the kind of things that I thought every CB-2 zone would be included. Do you have some reason that you cut it off without included all of it? Haynes/ Not specifically other than in terms of the geographic footprint. those particular CB-2s happen to be excluded from what our focus wanted to be. That would be the only delineating reason, I guess, that it is a geographic focus. Nov/ There are some property owners or business owners along Market Street that are quite interested in forming a neighborhood and cohesive design and I was just wondering if we might not include that area? Thisrepresents only areasonably accuratetranscription ofthelowa City councilmeetlng of April9,1996. F04996 #6b page 18 Haynes/ I surely think it would be possible. When we initially went, actually last July to P/Z, the ordinance was written such that it would encompass potentially and could encompass all of Iowa City and P/Z really felt it wasn't a good idea and we retrenched and went back anH felt that where we wanted to have the most impact was indeed, in the CBD and the d.t. If there are areas that are significant and would need DR as they develop, sure we would embrace that and the city council would have the power to say yeah, we would like to establish it as a district. We need to look at that and study it to see if it does need to be incorporated as an overlay district. So, if we were directed by the city council, I am certain that we would look at those areas. Baker/ Marty, can I ask you a couple of questions just for clarification? You talked about other communities having similar processes, is voluntary or mandatory review processes? Haynes/ There are both in place and you could see examples of those. A lot of them are mandatory. It is difficult off of the top of my head to cite some of those. Des Moines, it has a DR process. St. Louis. Obviously there are a lot of communities in California that they perhaps are not something that we would want to relate to. Baker/ And how long ago did you start the process for this proposal? How long have you been working on it? Haynes/ Quite some time. The actual, I guess, ordinance and the writing of the proposed ordinance took place, as I said, last July where it was brought to P/Z. But we had been working the goals and the guidelines, you know. Goals and the potential guidelines a long time before that. And as I said, when we went to P/Z it was made clear to us and it was apparent that we needed to get out to the community and educate them as to what this proposed ordinance could be, what the DR Committee was endeavoring to do. We definitely see that there is a benefit to the community for a level of good design. To keep and to achieve that level of good design we felt and we still feel that that proposed ordinance is appropriate. Baker/ And I am assuming that you are evolving not out of some abstract idea but in response to specific concerns that people had about specific projects in Iowa City as part of the evolution of your proposal. Haynes/ Yes. Of course, initially the DR Committee was established ,@ This represents only a reasonably accurate transcription of the Iowa City council meeting of April 9, 1996. F04996 #6b page 19 to look at urban renewal because at the initial time it was established there were a lot of urban renewal projects going on, the tax abatement potential and the city felt it important that there would be a level of design, a threshold of good design in those projects. And just because the number of projects is diminishing, we shouldn't, I guess, throw away the opportunity to contribute to the overall good design of the community and true, yeah, there are still a few areas that could apply for tax abatement and get it. There are so many other opportunities for development to take place without the DR looking at them. There would be very little chance to maintain a level of continuity throughout the d.t. and Near South Side. Baker/ Okay. One final question about process timing. If you were to get this enabling legislation and you are going to go back and look at districts and guidelines, how long do you think it would be before you would come back before us with this specific proposal on district and guidelines? How long is the process going to take? Haynes/ I think it would be a few months before that would happen. Several months because you would have to go in and look at, you know, particular district which I say initially would be the CBD. Do a study and report as to what the architectural significant characteristics are. There would be meetings with the property owners. There would be P/Z meetings and ultimately we would come back to the city council with those guidelines and with the recommendations for that district. So it is an evolved process and its- Baker/ So even with this enabling legislation there is always the chance that you could come back with guidelines and district that this council could reject. Haynes/ That is absolutely correct. Baker/ Okay, thank you. Kubby/ Naomi, could we direct staff and or the committee to come up with that clarifying language of those four items? Nov/ Yes. It would be my preference that we enable this legislation to cover all commercial buildings in the city but I would be willing to extend it just as far as all CB-2. Would council be willing to extend it that far? Thlsrepmsents only orea$onably accuretetrm~scriptlon ofthelowa City council meeting of April9,1996. F04996 #6b page 20 Thornberry/ Absolutely not. Nov/ Okay. Baker/ I would like to start with the proposal that is in front of us and see how it works. [Tape problems at end] CHANGE TAPE TO REEL 96-49 SIDE 1 Schoon/ -business ownership. Baker/ I was just wondering if there was a way in the process that you could do this education program an~ get people involved to begin with but businesses do turn over. If there is a way that you could figure out how to keep everybody notified. That is just something to see if it is possible. Schoon/ The city does not require a business permit or license per se just to operate a business. So it would require the committee keeping an eye out in terms of the change over in business. Kubby/ And let contractors know about it, too, who might be asked to do some changes. Nov/ Is the council prepared to close this p.h.? Okay. P.h. is now closed. Thisrepresents only ereasonebly accuretetrenscription ofthe[owe City council meeting of April 9, 1996. F04996 Agenda Iowa CiW City Council Regular Council Meeting April 9, 1996 Page 7 96- .~7 z$ Consider an ordinance amending the Zoning Chapter by changing the use regulations of an approximate .14 acre parcel located at 24 N, Van Burart Street from RM-44, High Density Multi-Family Residential, to R/O, Residential/Office. {REZ95-0016) (First consideration) ~,~, Comment: At its February 15-meeting, by a vote of 6-0, the Planning and Zoning Commission recommended approval of the requested rezoning. The Commission's recommendation is consistent with the staff recommendation contained in the staff memorandum dated February 9. No comments were received at the March 26 public hearing. Action: ~/'~~ ///~'/.//~'~¢-~c~) Consider an ordinance amending Title 14, Chapter 6, "Zoning," Article H, "Industrial Zones," to al!ow the outdoor storage of recyclable materials in the I-1 zone as an accessory use to a recycling processing facility by special exception. (Pass and adopt) Comment: At its February 1 meeting, by a vote of 4-0, the Planning and Zoning Commission recommended approval of the proposed amendment concerning outdoor storage of recyclable materials. The Commission's recommendation is consistent with the staff recommendation contained in the staff memorandum dated January 26. No comments were received at the February 26 public hearing on this item. Action: Consider an ordinance amending Title 14, Chapter 6, "Zoning," to allow temporary real estate sales centers in residential zones. (Pass and adopt) Comment: At its February 1 meeting, by a vote of 4-0, the Planning and Zoning Commission recommended approval of the proposed amendment concerning real estate centers in residential zones. The Commission's recommendation is consistent with the staff recommendation contained in the staff memorandum dated February 1. No comments were received at the February 26 public hearing on this item. Agenda Iowa City City Council Regular Council Meeting April 9, 1996 Page 8 Consider a resolution approving an amendment to the Comprehensive Plan by incorporating an amendment to the JCCOG Arterial Street Plan which adds the extension of Oakdale Boulevard between First Avenue Coralville and County Road W-66, Comment: At its February 15 meeting, by a vote of 5-1, with Scott voting no, the Planning and Zoning Commission recommended approval of an amendment to the Comprehensive Plan to incorporate an amendment to the JCCOG Arterial Street Plan adding Oakdale Boulevard between First Avenue in Coralville and County Road W66, Dubuque Street. This amendment to the Arterial Street Plan was unanimously approved at the March 27 meeting of the JCCOG Urbanized Area Policy Board. Comments were received at the March 26 public hearing. Consider a resolution approving a preliminary plat in Johnson County for Woodland Ridge, Part One, a 19-lot, 55.95 acre residential subdivision located on the east side of Dane Road at its intersection with Osage Street. (SUB96-0003) Comment: At its March 21 meeting, by a vote of 5-0, the Planning and Zoning Commission recommended approval of the preliminary plat for Woodland Ridge, Part One, subject to the approval of a Grading Plan prior to Council consideration of the preliminary plat. The Commission's recommendation is consistent with the staff recommendation in the report dated February 15. The Grading Plan has been approved. Action: Consider a resolution approving a preliminary plat for Galway Hills, Parts Three and Four, a 27.77 acre, 78-1ot subdivision located south of Galway Drive, east of Highway 218. (SU895-O032) Comment: At its February 15 meeting, by a vote of 6-0, the Planning and Zoning Commission recommended approval of the preliminary plat for Galway Hills, Parts Three and Four, subject to City approval of a Grading Plan and Sensitive Areas Site Plan prior to Council consideration of the preliminary plat. The Commission's recommendation is consistent with the staff recommendation in the report dated January 18. The Grading Plan and Sensitive Areas Site Plan have been approved. Correspondence regarding this item included in Council packet. ~'~./?~.~_4/~/~;~.~,~--'//-~ .~_.~),- ~ #6g page 1 ITEM ~O. 6g. Consider a resolution approving an amendment to the Comprehensive Plan by incorporating an amendment to the JCCOG Arterial Street Plan which adds the extension of Oakdale Boulevard between First Avenue Coralville and County Road W-66. Nov/ Moved by Kubby, seconded by Thornberry to defer. Woito/ Indefinitely which will kill it. Kubby/ Really? Can we bring it back- Woito/ Sure, you can bring it back. Thornberry/ For a later date. Nov/ At one point yesterday, we were talking about deferring until the alignment is settled. We could do it that way or we could just defer period and bring it back. Thornberry/ Well, there is more than the alignment issue. There is this sensitive areas issue as well and as you all know it is a super environmentally affected area and until this study is completed I would like to defer this and not vote on it until that study is done and the alignment is no longer a question. Is that about right? Nov/ Well, that is a little bit more definite in terms of deferral. Norton/ Madam Mayor, what is the motion in front of us? Kubby/ To defer indefinitely. Norton/ What does defer indefinitely mean literally? I mean indefinitely is a long time. Kubby/ It means the unless we consciously bring it back there is no action on it. Woito/ It will not be on another agenda at a certain date. It will be gone until you bring it back. Kubby/ It may the language. I don't want us to get caught up in that language because either way, we know that our intent and staff will catch us up on it, is that when the engineering environmental studies are done it will come back to us to decide if we want to incorporate it into our comp plan. This represents only a reasonably accurate transcription of the Iowa City oounctl meeting of April 9, 1996. F04990 #6g page 2 Norton/ I am a little concerned how do we rationalize this action with the votes that were expressed at the JCCOG meeting. Lehman/ Dee, I think and correct me if I am wrong, unless we put this on JCCOG arterials map we did not have the opportunity of studying the alignment and finding the impact. In other words, at least my opinion was that we voted to put it on the plan so that we could see the impact, study the alignment, come back and then say yes or no. Is that correct? Davidson/ Say yes or not to an alignment, that is correct, Ernie. It will remain in the plan regardless of the results of the alignment study unless JCCOG Board takes action to take it out of the plan. Kubby/ And some people had that as a rational for voting for it, so we could move forward on the studies. For example, myself, have kind of committed that if I don't like the results of the studies that we can try to get someone to move to reconsider. Since it was a unanimous vote anyone can move that. Davidson/ I think the other control that the Iowa City city council has that is very significant is that you have control over the annexation of that area. At the present time, Iowa City does not control any of the corridor of that proposed street and certainly the portion of it that is controlled by the county lessens, as long as it is controlled by the county, lessens the probability that that road will ever be constructed. I think a lot of people feel that it will take Iowa City annexing the portion of it that is in the annexation agreement between you and Coralville for that road to ever be constructed. Kubby/ Because it is in the Arterial Street Plan, if it is built it must be an arterial street standards which will never happen in the unincorporated area. Davidson/ There is nothing, Karen, to prohibit the county from constructing it in the county or having a private entity construct it within the county. But certainly, I think, the board of supervisors and the county engineer would tell you that typically they do not build urban style city streets, which is what this is proposed to be, in the unincorporated county. Kubby/ I know that traditionally we adopt the arterial street plan to our Comp Plan but I feel fine about not being consistent This repre=ents only a reasonably accurate transcription of the iowa City council meeting of April 9, 1996. F04996 #6g page 3 because many of our votes, at least of the Iowa City votes of the five for JCCOG, were as a move to go forward on the specifics. Norton/ I quite agree with that general philosophy as long it is clearly understood that we are not contradicting anything. We are just deferring until we see the details. Nov/ And I have no objection to allowing the line to be on the map because that does not obligate us to construct the street. Kubby/ It doesn't but it does send a even more explicit message to the development community that this is in our plan and ! prefer to- Davidson/ It will attempt to protect the corridor because it is in the plan. ~hat is the big thing that it does is try and protect that corridor. Kubby/ We still have that protection because it is on the Arterial Street Plan without having to input from the development co~unity because it is in our Comp Plan. For not I feel like we have the best of both worlds. Thornberry/ Jeff, we didn't want to vote on this and defeat it? We just would rather not vote on it at this time. Davidson/ That is fine. This action that you are considering does not impact the arterial street plan. It impacts your Comp Plan. Thornberry/ They will go ahead with the study? So it has been moved and seconded. Nov/ Moved and seconded that we defer. Roll call- Woito/ Motion. Nov/ Okay. All in favor, please say aye- (ayes). Motion carried. Thisrepresents only ereasonably eccuratetranscrlptlon oftholowa City council meeting of April9,1996. F04996 #6h page I~EM ~Oo 6h. Consider a resolution approving a preliminary plat in Johnson County for Woodland Ridge, Part One, a 19-1or, 55.95 acre residential subdivision located on the east side of Dane Road at its intersection with Osage Street. (SUB96-0003) Nov/ Moved by Lehman, seconded by Thornberry. Discussion. Norton/ Well, I have a couple of questions. One, I suppose we are in a situation here where it would be difficult to do anything to pass this at the moment but I am concerned that in some of our talks with the county on the fringe area, this is in our fringe area between the growth limit and the two mile boundary. We had talked about getting into some kind of cluster development in those areas when they did go residential. But I think that is not in the present plan and could not be imposed in anyway at this point? Davidson/ It certainly cannot be imposed at this time. discussion as you indicated, Dee, with the agreement that is under consideration. It is under Fringe Area Norton/ I just want to get on record that we need to get back to that Fringe Area Agreement and see where it stands because we are kind of hung up here between-with no document to guide us basically. Davidson/ We have been doing in staff reports is refer both to the current existing Fringe Area Agreement and the one that is proposed if it is pertinent. Norton/ I am raising this point because it seems to me this area is really crucial to trying to meet one of our general objectives of the Vision 2000 Statement and about trying to define our borders reasonably and avoid just random sprawl and this is right outside where we could grow and this is going to go to residential suburban and presumably no clustering. So, you won't be able to tell when you are in and out of town. That is what worries me. Davidson/ It is a conventional subdivision. Nov/ And this was not in our Fringe Area Agreement because it was part of Hills fringe area agreement and we just sort of changed that. Any further discussion? Okay. Roll call- (yes). This represents only a reasonably accurate transcription of the Iowa City council meeting of April 9. 1996. F04996 #6i page 1 i. Consider a resolution approving a preliminary plat for Galway Hills, Parts Three and Four, a 27.77 acre, 78-1ot subdivision located south of Galway Drive, east of Highway 218. (SUB95-0032) Nov/ Moved by Vanderhoef, seconded by Lehman. Now many of the people who have given us this correspondence have requested an opportunity to speak at city council and we agreed yesterday that we would allow this kind of speech and we did ask that the people in the neighborhood appoint a couple of spokespersons because we have read the letters, we do understand your concerns and this is in consideration of our long agenda. So, please come forward, whoever has been spokesperson. Dale Reiman/ 28 Galway Place. Thank you for giving us the opportunity to talk to you and voice our concerns and consideration on this issue. There is a lot of things that are at issue here and I don't know that we can cover most of them but I am going to try and give you an overall perspective of where I am coming from and where a lot of our neighbors are coming from and I am not going to go into anything about what we were shown or what we were told or what our neighbors were shown or told. I don't think that would serve a purpose right now on what happened prior to all of this purchasing of property in Galway 1. Many of these items have been discussed here. They have been discussed before the Zoning Commission. We have written you letters. I hope that you have all taken the time to read the Zoning Commission's report and to read our letters and, excuse me, although I can't speak for my neighbors, I think and believe that many of them probably feel as frustrated and as mislead as I do. When my wife and I first purchased our property in 1994 we did what we could with the information available to us and told to us and tried to make an informed and intelligent decision. We have owned homes in several other cities in the Midwest. I don't believe that I am ignorant when it comes to buying new homes. However, I didn't assume a worst case scenario which is kind of what we feel has happened here. I am not opposed to development. In fact I am pro development and I don't oppose mixed density housing if it is done in a well thought out planned fashion and I think Galway 1 is probably, in some regards, more diverse than what 3 & 4 would be and lot sizes being mixed and prices of homes being mixed. What I do object to is in the case of my particular property, is I have got- I am looking at 7 60 foot lots now bordering the back side of my property, pushed up to the back side. I think that is an unreasonable, unacceptable, and in my opinion, unethical and that it was done without any Thlsrepresents only a reasonably accuratetranscription ofthelow8 City council meeting of April9,1996. #6i page 2 regard for our neighborhood and the people that are presently property owners there and it is done without any thought and transition or buffer zones between two extremely different types of neighborhoods. I know that preliminary and concept plans are just that. And I know it even more now. However, again, we did not believe that a worst case scenario would take place. In discussions with people knowledgeable in the area of zoning, planning people, Realtors, etc., this is a case where the entire scope of this development has changed and probably more dramatically than any of the people that I have talked to have ever seen. We know there is always problems and disagreements and concerns with zoning matters and we would like to see an acceptable resolution and the developer has shown no regard for discussing those matters with us and with the people who purchased properties and homes from him in the starting of this development. I would like to also point out that there has been no attempt made by either the Parks Commission not the developer to use green space or public open space that would be of any benefit to the current home owners and property owners in Galway 1. We are also very concern about the safety issue and access. There is currently many undeveloped lots in Galway 1 and I know last night there was discussion about playing in yards and things of that nature. We don't have a way now to get to other places in the development, get out. Kids walked up to the bus, walked to school because many of those lots don't have sidewalks on them and they have to walk in the street. That is the only choice that we have. One question that I have, and I don't know that you can answer this or not, if 3 or 4 is approved as it sits, if there is going to be a loop that will be required as drawn from Kilarney around. If that road would have to be made right away. If not, I think what you are going to see happen is Part 3 is going to get started and you are going to have a way into Galway Drive, down the new road, and back. You are going to have a one way in and a one way out scenario unless at least the road off of Kilarney is going to be built as shown on 3 & 4. You might ask what we want or want to know what we want. We would like to see something similar to the initial plats that were drawn or some sensible way of a transition between our properties and the new properties. There are many issues here which include safety, more access, green space, partial plat development, and severe changes from a initial plan drawings. If you feel that this is unfair and it is wrong, then I would ask you to do what you can to prevent it now and to prevent it in the future. I believe that the City of Iowa city's best interest is also at stake here for present and future residents. Again, thank you for listening. I appreciate your This represents only a reasonably accurate transcription of the Iowa City council meeting of April 9, 1996. F04996 #6i Jody page 3 time and your commitment to the City of Iowa City. Thank you very much. Murph/ I live at 3505 Galway Court. And I wanted to first comment on the newspaper article that made the quote about the $300,000 homes being a concern for the Galway Hills community and I think that really misrepresented and trivialized the concerns of neighbors. We really aren't interested in dictating the prices of the homes or the design of the roofs or anything else about how the houses themselves are constructed. Our real concerns and issues are really about safety, about the existing neighborhood and about the issue of misrepresentation. When we purchased our home in Galway Hills, the developer specifically stated that the rest of the subdivision would be developed in a similar way to Part 1 and the sign, as you go into the development states that this is a large lot development. So, we purchased our home based in part of these assurances and the practice of partial platting provides a legal loop hole for the developer to make assurances that they know they won't be held accountable for. If the requested changes are approved, it also puts the city council in a position of at least appearing to condone these practices. There are several reasons why the issue of partial platting needs to be addressed by the city council/ If there is a complete or full plat approval prior to development then the perspective homeowner can make an informed decision about where they are going to live. We purchased our home in Galway Hills because we wanted a low density housing development with minimum street traffic in order to provide for the safety of our children. The concept of placing higher density housing at the rear of the development, particularly with only one access road, is contrary to any prudent or desirable development plan. With only once access road onto Melrose Avenue, the amount of traffic is going to be extraordinarily increased and it has already heavy. Also, considering the fact, again, that we don't have sidewalks in the development. The heavy construction vehicles are going to present a tremendous risk to the children who live in the neighborhood. Another concern is the configuration of the new proposal for changes in Parts 3 & 4. These long streets with many closely spaced homes also present a safety concern for the children who are going to be living in those homes. There will be a lot of traffic flow on all of those homes and those long streets and it is not a child safe, it is not user friendly development plan. The purpose of planning and development is to identify desired outcomes and potential problems before new construction takes place. Developmental planning needs to take into consideration Thlsrepresents only areasonably accuratetranscription ofthelowa Citycouncil meeting of Aprilg, 1995. F04996 #6i page 4 housing needs of the community, the traffic flow, access to major thoroughfares and the impact on existing schools. City growth that is based only on the financial concerns of the developer is unlikely to take these issues into consideration. So, I urge the city council to take a strong proactive role in shaping the growth of Iowa City and taking a long range view about how we can build and nurture neighborhoods instead of just housing developments. Thank you. Nov/ I have to make one comment for clarification. There has been final plats for other developments that were approved that were subsequently changed. The fact that a final plat has been approved does not guarantee anything. So, even if we required it, it would not have any- Murph/ Then I would propose that perhaps we need a change in the law so that we can have some kind of guarantee for people when they are purchasing homes and when they are looking for neighborhoods that really meet their needs. So there can be some assurance for them that the developer won't change their mind and won't change the plans substantially. Kubby/ It is really difficult because sometimes we even change out Comp Plan which is even a more underlying document and more generalized and people come in and it seems that changes really help the community but they will impact people who live around those zoning. In a certain way I want to balance being flexible as the changing needs of the community but also wanting to have some planning. It is very difficult to balance it. I don't want to not change. Murph/ I think that we all know that things change. But I think that there should be some kind of assurance for neighbors that are already established, for neighborhoods. Because when you make big changes like this, it really changes the whole configuration and how the neighbors can use the land, especially in a place like Galway Hills where we really don't have sidewalks. We only have one bus stop. So all the children from the neighborhood walk to one bus stop at the front of the development and they share this with all the traffic and construction vehicles. Nov/ As I understand it, the only place without sidewalks are undeveloped lots and the way we may be able to do something about that is to require sidewalks to be developed along with streets. But I don't know that that makes sense. Does that make sense legally? This represents only a reasonsbly accurate transcription of the iowa City council meeting of April 9, 1996. F04996 #6i page 5 Woito/ It doesn't make any sense since Melrose Avenue West is being reconstructed and they would have to be torn out and then which would have been expensive for everybody. There will be sidewalks along Melrose Avenue West, very nice wide sidewalks, very soon. Murph/ I am talking about within the development now. Woito/ Within the development, if you put in sidewalks before the house is constructed, the builder basically has to redo it. The homeowner is going to pay for it twice. Somebody is going to pay for it twice. Murph/ If there was more than one access onto Melrose Avenue it would dilute the traffic somewhat and that would help. I think the concept of doing this major construction with only one access is probably ill conceived and I think that the issue of safety is really a concern to those of us who have children and who use those streets to ride their bike and to go to their neighbors house. And hearing as though there isn't a plan to put another access road in even after they begin development with the higher density housing that is proposed for the rear of the development. So I think my concern is that this development appears to have very little planning. That it sort of is amorphus and evolving to meet the needs of the developer more than anyone else. And I really think there are probably ways that we could work together. City Council, P/Z, the developers and the neighbors to try and resolved some of these issues we have been confronted with a brick wall in that we don't have phone calls returned and it doesn't appear as though there is an interest in really pursuing some kind of resolution that would really meet the needs of the neighborhood as well as the city as well as the developer and I think that is what really the neighborhood is asking for. Norton/ We're are to some extent against the same or similar or related brick wall. We talked, for example, last night about secondary access and according to the staff the devslopment as proposed meets the requirements and does not at this point. It will, with further expansion beyond 3 & 4, have to have another access which maybe some virtue down the road. But at the moment- In other words, we may need to change the guidelines. I am quite sure we will with respect to buffering, with respect to access. I don't know that it is going to be able to do it now after the fact. Murph/ It is a difficult position. I would want us to try and do i© This represants only a reasonably accurate transcription of the Iowa City council meeting of April 9, 1996. F04996 #6i page 6 what is right even if it is not necessarily- Even if it means changing the guidelines, even if it means looking at some alternative answers and solutions. I hate to be tied in just because this is the guideline, that this is the way we have to do it even if it not safe and not right. Lehman/ I really share your concern here. You had a very very good letter. I am sure we all read it. But it seems to me- We have zoning ordinances, we have rules to try control certain things. And sometimes what we try to do doesn't work out exactly the way we want it to. And I think in this particular case, rather than controlling this by zoning, it probably should have been controlled with agreements between the purchaser of the lot and the development insuring you that future development will be of a certain nature and obviously he conforms to the zoning but certainly not to what you expected to be there. So- Murph/ And again, that is an alternative that the neighborhood is considering pursuing. But it also doesn't address the issue for what happens next time and that is why I think the growth and development is really important and we have to make some accommodation for change. But I think there also has to be more planning put into how development took place and that I think is crucial. Thank you. Nov/ Thank you. Is there anyone else who has other concerns about this development because it seems to me that some of the letters we have read we are hearing very much the same thing again? So, I will allow one more comment. If we cannot repeat I would appreciate it. Mark Kamps/ I live at 16 Galway Place. I am also a broker owner of Coldwell-Banker, Anderson-Bender Realtors here in Iowa City. I am going to talk a little bit about the way I looked at it as a Realtor before I purchased lot #31 back in October of 1991. And I, as a Realtor, talked to Dave Cahill as a Realtor in his office and was shown the large plat map that indicated large lot development and in fact, Dave told me he was going to build himself a home in Galway Hills. In my research I try to look at other developments to see if they had changed very much from preliminary to final plats and the only changes that I really found were in the numbering of the lots or variations on where the street might go. And I can't really recall a change such as drastic as this one. And I have heard the issue of diversity come up a couple of times and I would say that we are pretty diverse actually. The lots in Part 2 range from This represents only a roasonably accurate transcription of the iowa City council meeting of April 9, 1996. F04996 #6i page 7 10,600 square feet or roughly 1/4 acre to over 27,000 square feet which is well in excess of 1/2 acre. The original prices ranged from $38,000 to $60,000 and the existing homes out there right now would range from $185,000 to $290,000 and I would call that fairly diverse. In fact, the proposals for Part 3 & 4 all look identical to me and I think the house probably would too. If Mr. Cahill thinks all he has to do to sell his lots quicker is to make them smaller and reduce the price, I think he is maybe mistaken. Today I ran a search on lots listed through the Iowa City Multiple Listing Service. Just in Iowa City, between the price of $30,000 and $50,000, there are over 200 lots on the market. Between $20- and $36,000 there are 135 lots. Thornberry/ Would you repeat that please? Kamps/ Yes, sir. Between $30,000 and $50,000 in Iowa City, which we call area 1, there are over 200 lots on the market today. Between $20,000 and $36,000 there are 135 lots on the market today. And the market has changed. I have heard that mentioned a number of times. No longer can somebody stick a for sale sign on their property on one day and expect a full price offer the next. Sellers and developers have to promote their property more aggressively. Sometimes they have to reduce their price. Maybe you have to paint a room or put in some new carpet. But if the house is priced correctly and it shows well, it sells. And the same can be said about lots and ! will use an example of Mace Braverman in Walnut Ridge. He has beautifully landscaped entryway, beautiful brick signage, the vacant lots are maintained, the blvds. have flowers and trees and even a sprinkler system and we are not asking for that, of course. Last Sunday I took a walk through Walnut Ridge and saw at least ten homes under construction and I am going to guess the least price house there was over $400,000 and I have heard that there is no market for $300,000 and we are not even to $300,000. There definitely is a market for this price home. Today I showed five homes, all being built on speculation, listed between $250,000 and $300,000 in Windsor Ridge. A well maintained east side development. I would consider it very comparable to Galway Hills. But it is being done correctly. There is a pond. There are light paths. There is green space. The contour is very similar and we have got a school right next to us and schools usually help sell lots. So my points are four: 1- 99% of other developments haven't changed very much from preliminary to final plat and as a Realtor, do I have to go back to saying let the buyer beware. 2- We have a variation of over $100,000 in the price of our homes. There This represents only a reasonably accurate transcription of the Iowa City council meeting of April 9, 1996. F04996 #6i page 8 really aren't very many neighborhoods that can say that they have that kind of a variation in their home process. There are a lot of lots on the market today and a well planned and well maintained development will sell. Thank you very much for your time. Nov/ Is there any other council discussion? Thornberry/ These are very well articulated comments from the neighbors and I really appreciate those comments and I share 1000% your viewpoint. However, legally, what could we do? Woito/ It is too late. A restrictive covenants should have been in place at the outset which would have protected the buyers. That would have been a matter between the subdividers and the owners. And there were none. Nov/ Even if there were restrictive covenants, is it something that the city council can require? Woito/ Not for platting. For a conditional rezoning. I mean you can attach things to a conditional rezoning but not the platting. Nov/ That is what I thought and we never did fezone this area, did we? I don't remember. Do you remember if we rezoned this at one point? Woito/ I think it has been RS-5 for a long time. Kubby/ Is there any legal problems with deferring and trying to communicate with the developer? I know in the past sometimes when neighborhoods had had a hard time with communication or developers have had a hard time with communication with the neighborhood that sometimes you slow the process down and the city as an entity has asked parties to get together and we have helped facilitate those discussions to talk about a couple of issues like- I understand there is this legal right to have a lot this size and to have 60 foot lots but to talk about issues like buffering the different size lots with some landscaping or trail issues that Sandy Rhodes brought to our attention or some intentional open space- Thornberry/ Or another egress. Norton/ A secondary access even in the future that might help these folks even though it goes through the future development. Is it possible to do that? I would certainly support it if we This represents only e reasonably accurate transcription of the Iowa City council meeting of April 9, 1996. F04996 #6i page 9 could- if it is reasonable or legal. Kubby/ Are there any legal problems in us deferring that? Woito/ I don't think so. You have listed four or five things. The trail that Sandy proposed. Are you representing Dave? Will he oppose that? I don't see any problem with it. And the secondary access, you are going to need some staff input on that, I believe. Kubby/ I think that is a tougher issue for us to defer because this is already in the process. We can't change our guidelines. Woito/ You can make a finding that this is unsafe. I mean, that is within your purview. Nov/ Well, that Is hard to do. Woito/ That is your call. Thornberry/ We tried that last night and there wasn't much findings available. What if one of the lots was purchased down here to the south? One of the little lots down to the south was purchased by the neighbors or whomever and if they purchased it, would Dave put a street through because I would sure be willing to accept- Norton/ Street through where? Thornberry/ No other access available from there? Kubby/ I don't think we should figure out how this plat should be. That is not our job. Larry Schnittjer/ From MMS Consultant. There are several issues that have been discussed here that I would like to briefly talk about. I don't want to spend a lot of time on it because I am tired and want to go home, too. Secondary access issue we have kicked back and forth and around so many times I am tired of thinking about it. We had a secondary access shown on the first plat that the neighbors all saw and we have had several other alternatives that we worked with the city staff on for over a year trying to get resolved and the school board didn't want to go along with that. I don't know where we are at with that right now. Last night there was an extended discussion about open space. When this subdivision plat was approved, there will be nearly 12 acres of open space in the total Thisrepresents only areasonably accuratetranscription otthelowa City council meeting of April9,1996. F04996 #6i page 10 development. It is not all public. There is 11.9 some acres of public and private open space. Now that private open space is available to the people that want to use it. The discussion about a trail through that open space. I don't have a problem with the trails through the open space if the city were to maintain it. But if we are taking acre of this by ourselves, maybe we want to be more private about it and have it our own semi-passive open space. I don't know the intent of the new homeowners in that area whether that is what they want or if they want a trail. Once they get their homeowners association established and they want a trail they can build it. If they want green pasture out there to look at, that is what they can have. It will be up to them to decide. There is five acres, plus or minus, open space around that pond. It is all private open space but there is no improvements proposed except to maybe mow a few trails but not to make any paved trails. As far as lot sizes, I guess we have to make business decisions whether we like them or not as the business climate changes. I know that they didn't like the idea of changing the 60 foot lots but that is a decision that they came up with and it is a decision that they are going with. Kubby/ I guess the question is will Mr. Cahill be negative about doing some buffering in between the different kinds of lot sizes especially, I mean, there is one kind of corridor where the backyards meet. Schnittjer/ I don't recall the plat precisely because it has been several weeks since I have worked on it but I think those lots in that particular area are deeper than most of them and at one point in time I did have a green strip, so to speak, shown in there but it was kind of cumbersome as far as maintenance goes for a homeowners association to go back in there and maintain that green strip or whether to put trees in it or just leave it as grass. So that was taken out. Kubby/ I guess my question is would Mr. Cahill be open to discussing that issue in a- Schnittjer/ He has not been happy with the delay so far. We have been delayed for about four or five, maybe six, weeks just trying to get everything resolved on your Sensitive Areas Ordinance. Kubby/ Were there any meetings between the developer and the neighborhood? This represents only e reasonably accurate transcription of the Iowa City council meeting of April 9, 1996. F04996 #6i page 11 Schnittjer/ Not that I am aware of. There has been a meeting between several neighborhood members and myself but I was unable to provide them with any satisfaction. Vanderhoef/ Larry, did you say there is a homeowners association that has been formed? Schnittjer/ In Part 2 there is a homeowners association to maintain the public open space or private open space and there will be a homeowners association for Part 3 to maintain the private open space of Part 3 and my guess, I don't have a positive feeling on this, that the two associations will be combined so they have got related- Vanderhoef/ But there was not one before- Schnittjer/ The original plan had shown, as you were shown last night, some of the public open space down next to Willow Creek and some place they might have some more in the future and there was no private open space planned six years ago when that plat was originally initiated. Vanderhoef/ The ordinance wasn't in place at that time? Schnittjer/ The ordinance wasn't in place then. The design concepts, Dobody was doing private open space at that point in time and we were essentially throwing the extra waste areas onto the lot. That is why you get 20,000 square foot lot or 30,000 square foot. There is not a lot of 40,000 but you end up with some large lots because there are some waste areas on any subdivision that does not have a grid pattern subdivision. But when you provide semi-public open spaces or private open spaces, you can throw that access area into that open space. Nov/ This particular section, Parts 3 & 4, does have quite bit of open space because I divided the acres by lots and they all have 2.8 houses per acre on the average. So there is quite a bit of open space. Schnittjer/ It appears dense because they're 60 foot lots and we are not all that comfortable with 60 foot lots. We have a lot of them in town. Kubby/ Well, they meet requirements. I am not asking to open up that discussion because it is on the books. Schnittjer/ I can't give you authorization to delay the vote. I Thisrepresents only ereesonably accuratetranscription ofthelowa Citycouncil meeting of April9,1996. F04996 #6i page 12 don't have Mr. Cahill or Mr. Thomas's permission for that. Baker/ I am assuming you are going to have a date specific referral? Kubby/ Yeah. I guess I would like some discussion about what that should be. I don't want to delay this unduly because of the construction season if there are some plans to get moving, yet I want to make sure that there is time to fulfill the purpose of the deferral. So I guess I would be open to suggestions of people if it should be two weeks or four weeks. Nov/ I would be uncomfortable with this because of the time of the year. It is the season for construction. Kubby/ Do you feel comfortable with two weeks? Nov/ Does anybody think that two weeks is going to be enough to figure out something? Woito/ Is the goal to get the neighbors together with the property owner and discuss any shared goals they might have? Kubby/ Yeah and I guess for me some of those might be the buffering between the different styles of RS-5 within the subdivision that are distinctly different, between Part 1 and Parts 3 & 4 and looking at some of these trail issues as possibilities because they will help movement throughout the development in a non-street way. And to discuss the future of secondary access. Those would be my three choices and really to defer it to April 23. Woito/ The trails would be ultimately city owned? Kubby/ I don't know. Thornberry/ There is a gentleman in the audience that would like to speak to this I think. Nov/ About trails are you talking about? Thornberry/ No, about the meeting. Nov/ The meeting with the developer? Okay. John Bayless/ My name is- This represents only a reasonably accurate transcription of the Iowa City council meeting of April 9, 1996. F04996 #6i page 13 CHANGE TAPE TO REEL 96-49 SIDE 2 Bayless/ Galway Drive. What we have done hero is essentially legitimizing development. It is ethically wrong to allow developers to behave this way. An offer was made by a delegation of our community to go to the developer with this expressed purposo of providing buffer zone. We were rebuffed. That is all I have to say. Baker/ Mr. Bayless, when you say you were rebuffed, is that the same thing as saying there was a refusal to meet with you? Bayless/ My understanding is that there was no refusal to meet but the moeting went nowhere. I believe the discussion had to do with I have had enough of these rules and regulations. I just want to build back here. I have no objections to development. I believe in Iowa City. I have been here for almost 20 years. I believe in it. But I do not believe in change in zoning and a structure of a development just to line a developer's pocket. It is inappropriate and we have no recourse but to talk to our city leaders- Thornberry/ There was no rezoning for this. Bayless/ I am talking about the changes from an initial partial platting that was allowed by the regulations in force that allow us to be sold down the river. Kubby/ That is very difficult because we have certain laws that we have put in place and these follow all those rules and regulations. So it is also unfair on the other side to say no when they have met all of the rules. Bayless/ I understand that. But the initial- I guess ! would request some kind of a mechanism where a developer is not allowed to show a partial plat with the idea of saying these are all going to be like this and then a few years later it is gone. Lehman/ Well, I think that mechanism is in place with restrictive covenants. You could have done that up front. Bayless/ I would like someone not to show me a plat that contains- Lehman/ I would disagree. Bayless/ It is inappropriate. This represents only e reasonably accurate transcription of the Iowa City council meeting of April 9. 1996. F04996 #6i page 14 Baker/ Can I get some clarification on what was shown? Nov/ We are all in agreement but I don't know that we can do anything about it. Bayless/ Well, we are asking whatever you might consider doing within your- Woito/ The protections in Walnut Ridge are in writing. That is why it is so specific. Baker/ I would like to get some clarification because there have been several references to a plat or a design proposal that you were shown and led to believe that would be future development. was that a plat that had somehow been legitimized by city review? Bayless/ I don't know. Davidson/ We were shown at least one concept plan and it was just that, a concept plan, for a development that showed the whole thing being developed out similar to what is out there now according to what the neighbors would have liked to seen. So city staff did see that concept plan but it is a concept plan and Parts 3 & 4 of the plats do comply with the Zoning Ordinance as you all have seen. Baker/ Concept plans are fairly typically part of the process. Davidson/ Yeah, you know, we usually try to encourage developers to do that so that we have an idea, and it is just that, an idea of what the whole- We just started working on street networks and things like that. But we, of course, are always aware that they are just concept plans. Baker/ Because we have seen concept plans for over on Longfellow neighborhood and other projects as well that didn't turn out the way that they were represented to make. Davidson/ And if a concept plan assumes a rezoning or something like that then the developer is apprised of that. Something that would require a legislative process with you all to achieve. Norton/ We have to consider a way to change this. It seems to me we can't simply live with it. we have got to find a way to have better control with other development. This represents only a reasonably accurate transcription of the Iowa City council meeting of April 9, 1996. F04996 #6i page 15 Woito/ Your alternative would be- Thornberry/ Linda has already addressed that in having a preliminary agreements. Woito/ That is a matter of private property law. Your other alternative is to have cookie cutter subdivision and later the subdivider pull two or three together. I mean that is the one way to avoid the problem and I don't know- Kubby/ It is also not very creative or sensitive to the topography. So I guess because the plats meets all of our legal requirements and we hear this issue and feel this issue of unfairness or concern about some issues, I would move that we defer this issue until April 23 for the expressed purposes of the city helping facilitate discussions between the developer and neighborhood about issues of buffering and future secondary access possibilities and trail issues that Sandy Rhodes outlined. Baker/ And one last clarification. I support that suggestion. Nov/ Are you seconding this? It would be nice to have a second before we start discussion. Baker/ Second. Nov/ Thank you. Moved by Kubby, seconded by Baker. Baker/ I heard two different versions of a meeting. One where the developer did not meet with the neighbors and one where the developer did. So which one Js accurate? Somebody needs to speak at the mic. Mark Kamps/ Three of us met with Larry and talked to him to see if he could come up with some different ideas. We have not, that I know of, met with Dave. Baker/ All right, so Mr. Bayless comments were not- He did meet with Mr. Cahill, okay. Kamps/ We did not meet with Mr. Cahill. Baker/ I certainly would support the amendment then, two weeks. Lehman/ Let me just say this. Because this development meets all the technical requirements that the city has and I am playing This represents only a reasonably accurate transcription of the Iowa City council meeting of April 9, 1996. F04996 #6i page 16 the devil's advocate because I don't disagree for a moment with the things that have been brought up. If I were the developer and I have met all the requirements and you give me a delay and ask me to do something I don't have to do, I think I am going to be a little irritated. Woito/ I will hear from Chuck Mullen tomorrow. Lehman/ If you pass this and say hey, look, we don't like it. We really believe that you could improve this development. Now we have gone ahead to pass it to facilitate your getting started. Would you please look at this and see if you can't do something. I think I would be far more inclined to do something under those circumstances then if you delay it. If we delay it for no legal reason to delay it. And I think it would be an irritation. It would be to me as a developer. I would be far more interested in talking to a council or city that said hey look, we know you can do it this way but we don't think this is a right way to do it. We really wish you would sit down with the neighbors and sit down with some folks in the city. Let's see if we can't improve it. That would be my- Council/ (All talking). Baker/ Can I rephrase the question? Not your question, Ernie but a version of your question which is-Is a vote to defer for two weeks illegal? Woito/ We are pushing the envelope. 100% sure whether it is legal envelope. I am not going to saf for a or not. You are pushing the Nov/ When we have done this kind of thing before, it has always been this rezoning and- Woito/ You have a lot more discretion with zoning. Kubby/ Actually I guess it was Part 2 we did have a condition on the plat with the Tree Preservation Plan. It was unusual from my experience on council. So this whole development had some unusual things in the platting process attached to it. So, it is just an extension of that. Woito/ And unfortunately Larry doesn't have authority to a deferral which would be the easiest way to do it. This represents only a reasonably accurate transcription of the Iowa City council meeting of April 9, 1996. F04996 #6i page 17 Thornberry/ Well, there is a motion. Dee, unless you have some more? Norton/ I am just thinking now, even though I am not in favor of it, I don't think we can afford to defer it and take that risk. Baker/ It has been moved and seconded. So we need to vote on it unless- Nov/ We need to vote on whether or not to defer and the motion is to defer it to April 23. Lehman/ Can we have a roll call? Nov/ I suppose you can but let's just do the normal vote and then if you are not happy with it- Baker/ It will be clear, Dean, don't worry. Kubby/ We can raise out hands. Nov/ I would like to propose one more discussion. If we can discuss this with Mr. Cahill, I think that the buffering between backyard lots is something that is very difficult to request. i think we can probably request trails because that is not a commitment to do it today which the other might be. If we are going to discuss a trail or a secondary access, this is something that need not delay construction because it can be done after the street is put in. So what do you think about going ahead with this and then try to get some discussions on going on things that can come in later? Woito/ Madam Mayor, can I call a recess? I need to check the subdivision ordinance. Nov/ I would be happy to call a recess. We can all use a break. [RECESS] Nov/ Back in a min~]te. Should we go ahead and start with Linda's discussion? Did you find anything interesting? Woito/ Yes. I was thinking perhaps there was a time deadline on the preliminary plat that if you didn't approve it by such and such a date it would be deemed approved. But there is no such thing as a preliminary plat stage for the council level. There This represents only a reesonably 8ccurate transcription of the Iowa City council meeting of April 9. 1996. F04996 #6i page 18 is at the final plat stage. doesn't necessarily mean operation of law. So, if you don't act tonight, it that you have approved it by Nov/ My question is because this is a preliminary plat, can we go ahead and approve it and continue negotiating so that the final plat will have a trail and secondary access and whatever other concerns we have. Woito/ They would not be obligated. If the final plat is in substantial compliance with the preliminary then we have a legal obligation to approve it. Baker/ We have much less latitude in the final plat than the preliminary it seems like. Nov/ There is not much latitude now either. Baker/ Not much now but less later. Kubby/ But if we have any kind of push to help create discussion, I think we should do so. It is in the interest of neighborhoods and it is sending a message to the development community and neighborhoods that the whole process is smoother when people are communicating especially when it is requested on either party's side. Norton/ What about Ernie's point that sugar gets more than vinegar? Kubby/ I don't think in this case it will make a difference. Baker/ Considering the merits of the particular case, I am not sure sugar works. That is a subjective judgement on my part. Thornberry/ I think that delay in the building aspect- I think they could sit down while the building aspect was going forward. But I still would like to see some rhetoric back and forth but to delay a project that is legally viable- Nov/ Larry was waving at me. Do you want to say something else, Larry? Larry Schnittjer/ If it is permissible, I would like to make one comment with regards to secondary access. That would constitute a major change to a plat and we would have to come back through the process and at the present time, we have not been able to work out with staff or anybody else where that This represents only e reasonably accurate transcription of the Iowa City council meeting of April 9, 1996. F04996 #6i page 19 secondary access may end up being. Kubby/ I would not suggest that secondary access has to be part of this plat. That would be changing our rules in the middle of the game. Schnittjer/ We are fully aware and we want secondary access out there as bad or worse than the neighbors do and there has been a considerable amount of time spent trying to figure out where that is going to be and one of the comments that Dee made earlier was the possibility of building these roads ahead of time. We can't really do that because you got to put in so much infrastructure and we got to develop that road as you built it. We can't just build a road out to no where and expect it to pay for itself. Kubby/ I would ask that no matter how the vote goes that we request that this kind of conversation take place. Lehman/ I would agree. Nov/ The current motion is to defer for two weeks and ask both the neighbors and the developer to get together and have a conversation. Is that right? Kubby/ That includes issues of trails, buffering, and the future issue of secondary access. Nov/ It would appear to me that we have a decent argument to say we can put a trail in here and it ought to be on this plat. I don't think that buffering backyards of RS-5 zone is something you should put on the plat. I am not sure this is the right thing to do and secondary access is something that will be in the future plans. There is no question that there will be secondary access in the future. So to be what really should have been on this plat is some kind of trail connecting open spaces and I would like to see that happen. Kubby/ That motion is to have those discussions take place. The result will we whatever result that they can come up with. That maybe in two weeks we see what is before us and then we will have a legal oblipation to go forward in one direction or another. Baker/ And I agree with you, Naomi. I would like to see some more clarification about the trail system in particular. But the other issues have some merit but I think that in my mind is This represents only 8 reasonably accurate transcription of the low8 City council meeting of April 9, 1996. F04996 #6i page 20 the primary issue that justifies this particular deferral. Woito/ May I ask for clarification, Naomi, you talked about the trail system should be connected. Were you talking about a public trail system between the north and the south? Nov/ I was concurring with Mr. Rhodes kind of plans. He was not committing himself to a specific trail but he was saying that when we are having this much open space in a plat, he would like to see a trail drawn into it that would be a public trail. It may not lead anywhere publicly now. Now it leads just for the people who are living there. But eventually it may lead to Willow Creek Trail of Melrose Avenue and eventually it would connect the two. So the premise of having a plat include such a trail is one that I agree with. As I said, I am not sure I agree with having a development put buffering between two backyards on the plat. I just somehow don't think that is a platting decision. But I do think that a trail on a plat is a good decision we ought to at least discuss. Woito/ Okay. The public trails I think is a legitimate concern. Vanderhoef/ I would request then that we look at the Neighborhood Open Space Action Committee plan that is in place right now which the developer probably has already seen and work it into the entire process here and not look at just parts that are being developed at this point. As I understand that there is a way that when we accept neighborhood open space, we can only accept it or require it in the areas that are presently being developed even though we have a larger area here in Galway Hill, it is not all being developed right at this point. Therefore we cannot extract that requirement until such time as they develop the rest of this area. So there is more that will be showing up here and I want to be sure that this is all coordinated with the entire area as it will look when it is fully developed. Davidson/ That is the assurance we have gotten from the developer. Vanderhoef/ That is what I would hope. Nov/ I am not requesting that this trail be built now. I am saying that if we are dealing with the potential of having a trail in the plat, the part that should be in this section of the plat should have been on the map. Okay, motion to defer. All in favor please say aye- (Nov, Norton, Kubby, Baker). Okay. All This represents only 8 reasonably accurate transcription of the Iowa City council meeting of April 9, 1996. F04996 #6i page 21 opposed- (Lehman, Thornberry, Vanderhoef). Looks like a 4-3 vote to defer for two weeks and if the council will somehow agree to have the meeting or have a discussion with the developer as soon as possible so that if it takes more than one meeting we can get it done within the next week. Karr/ Could we have a motion to accept correspondence this evening? Nov/ Moved and seconded (Kubby/Vanderhoef) to accept correspondence. All in favor please say aye- (ayes). Thornberry/ I have one question, Naomi, on this delay for two weeks before the development can get started since it is not a legal issue. It is just a delaying tactic basically and I don't think much is going to become of it. Is this going to take three readings or- Nov/ This is one. Thornberry/ Is there any possibility after the meeting was held- That if the meeting were held this week and comes to a conclusion, is there anyway that we can speed this up so that the developer could get started if that in fact is what is going to happen? Kubby/ Special meeting. Lehman/ The motion was to defer- Kubby/ Yeah, the motion to defer was April 23. So- Davidson/ Could I present a clarification? Is there an expectation on council's part that the PCD Department will be somehow coordinating this meeting? And if so, I would then ask the City Attorney. I mean, is that something we can do? I mean, how far can we go in requiring this meeting to take place. Woito/ I think all we can do is request it. Lehman/ Ask. Davidson/ Ask. Woito/ All I will do is call Chuck Mullen and convey the request. Davidson/ Okay. This represents only a reasonably accurate transcription of the Iowa City council meeting of April 9, 1996. F04996 #6i page 22 Woito/ I mean, we can't force it but we can certainly ask. Thornberry/ I guess my question is once the meeting has been held and there is no clarification or meeting of the minds between the developer and the current residents, it would come back in two weeks and we would vote on it again? Lehman/ Right. Thornberry/ If there is a meeting, when there is a meeting and they do come to a conclusion, we would vote on it in two weeks anyway? Nov/ Right. Kubby/ The only way to speed this up would be to hold a special meeting and have someone reconsider- Thornberry/ We can't even do that because the motion was a specific date. Kubby/ Right but I am saying we could reconsider the motion and change the date. Nov/ We could. Council/ (All talking). Kubby/ It don't know that is really makes a big difference and the developer may be able to give us some indication of- (can't hear). Woito/ I don't think so. Let's keep it simple. If the meeting is held and you want to call a special meeting, we call one. Baker/ Can I ask a question about a clarification on process again from Jeff? This is a preliminary plat. Any development couldn't start until the final plat is approved? Davidson/ I believe there are some things that can occur at the preliminary plat stage. Grading for example. Baker/ There is some work that may be delayed, okay. Woito/ You might want to clarify your motion to include or a special meeting rather than a- Thisrepresents only areasonebly accurate transcription ofthelowe City council meeting of April 9, 1996. F04996 #6i page 23 Kubby/ As the maker of the motion I would say that that is friendly. Nov/ Okay, the motion would now read that we defer it to the 23 of April or a special meeting prior to the 23rd. Kubby/ My only concern with that is that makes it even weaker than it already is to have some true collaboration among the parties because we could call him up and say no way, a special meeting, I might not show up for that one. Thornberry/ You are forcing two people that may not want to talk, you are forcing them to. Kubby/ No, we are not. We are saying that we think there is a way to maybe have some movement in some direction or another so at least things are a little bit better for all parties. If they don't choose to take that opportunity, that is everyone's choice. We cannot force them. Thornberry/ I would have like to suggested the meeting, approve the plat and suggested that they have the meeting which would have been far more productive perhaps- Kubby/ But that is not where we are at right now. Thornberry/ Than to hold up a developer from developing which is putting the hair up on the back of his neck as a person who has done some developing. But the motion has passed, so. Nov/ We have changed the motion to say or a special meeting. So we need another vote. All in favor- Kubby/ Do we? It is a friendly- Norton/ The amendment belongs to the body. There is no such thing as a friendly amendment. Woito/ Then go ahead and vote on it. Norton/ They always belong to the body. Kubby/ This is why people don't want to get involved in local government. This kind of- Nov/ Okay, we are voting on amending the original motion. All in favor say aye- (ayes). Okay. All opposed say same sign- Thisrepresents only areasonably accuratetranscriptlon ofthelowe City council meeting of April9,1996. F04996 #6i page 24 (Lehman). Sounds like a 6-1. I hear only one opposed. Kubby/ So the motion was April 23 or a special meeting. It is for the record Marian. I made that. Let's get out of P/Z. This represents only s reasonably sccurate transcription of the Iowa City council meeting of April 9. 1996. F04996 Agenda Iowa.City City Council Regular Council Meeting April 9, 1996 Page 9 ITEM NO. 7 ITEM NO. 8 PUBLIC DISCUSSION INTERSECTION, ON BURLINGTON/GILBERT STREET Comment: The project contract has been awarded and provides that the project area will be kept open for limited traffic, Council will be making a decision whether or not the intersection will be completely closed for a shorter period of time in order to reduce the total construction cost and time. Correspondence rega~din .g-thi~. item included in Council packet. PUBLIC HEARING TO DISCUSS THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIPS (HOME) FUNDING RECOMMENDATIONS FOR FY97. Comment: At its March 14, 1996, meeting, the Housing and Community Development Commission (HCDC) made recommendations on the allocation of expected CDBG and HOME funds for FY97. This funding, and the proposed activities to be undertaken, is a portion of the Annual Action Plan the City is required to submit to HUD as a part of the CITY STEPS Plan. A 30-day public comment period regarding CDBG and HOME FY97 funding recommendations began on March 23, 1996. Action: .....~2 ~'. ~.~/'.~--~/' #7 page 1 ITEM NO. 7 PUBLIC DISCUSSION ON BURLINGTON/GILBERT STREET INTERSECTION. Nov/ Is there anyone here who wants to talk about it? Please sign in. Please limit your comments to five minutes. Larry Waters/ It has been a long five minutes on some of these. Nov/ We only state a maximum. It is okay if you end up at three minutes or whatever. Waters/ I don't have the right kind of watch, I guess. First I would like to say- Larry Waters, 1538 Rochester Avenue and I have a business located at Burlington Street. I am really not in favor of closing up the street but I do want to say I really do appreciate what the staff did by deferring the closing at least until after graduation. I do appreciate that. I want to speak to just two points I have some concern about. And one of them I think I have a solution to. The other one I don't know that anybody has a solution to. The first is when that traffic gets on Governor Street, I mean College Street, I would think they are going to take parking off of there. Also I think you have to take it off of Linn and I don't think how you could avoid that. There is like 11,000-12,000 cars on Burlington Street a day and I don't have the figures but 6,000-7,000 on Gilbert I would guess. I don't know specifically. And I know when you have a detour that you reduce that but if you reduce it by 50% so still are going to have a lot of cars on that street. So my suggestion is that if you do decide to approve the alternate route, that you during that period of time, cover up the signs on Burlington Street and allow parking on Burlington Street. Most of those homes up through there are lots of roomers and there is a lot of cars stored on the street and you are going to create a lot of problems for a lot of people if you don't do something like that. I don't see, if Burlington Street isn't being used as an artery street, that there should be any reason that that couldn't occur. Atkins/ Personally, Larry, I guess I don't have a problem with it. I don't know if it is our call. It is a state highway. I think it depends on where you come down on this issue. If you want the closure we will explore all the reasonable options to permit that parking. Kubby/ We would have to ask the state for permission. Thisrepmsents only areasonably occurate transcription ofthelowa City council meeting of Aprilg, 1996. F04996 #7 page 2 Arkins/ I would suspect that we would. Nov/ I suspect we would on Burlington but maybe on College Street we would not. What do you think. Arkins/ I think on College and some of the peripheral streets that are off of Burlington, my recommendation to you is if you choose to close it, see how it goes. If it appears to be congested then pull it off. I have authority under the ordinance that I can pull it off virtually immediately and you can confirm it later on. So I think we can take care of it easily. Waters/ The second problem I see in this alternate route is and I don't have a solution to it and I don't know that anybody does unless you just go ahead with the original plan. That you are going to take four lanes of traffic off Burlington Street and four lanes of traffic off of Gilbert Street and you are going to move it up Linn Street and down College Street for two blocks. I think you are going to have a lot of congestion in that area. I think it is going to be very difficult. You are near the library. The Presbyterian Church is under construction right now. Also on Burlington Street there is some construction. And the bus stop. Those are areas that you have to think about at least. I don't have a solution for that problem. I am concerned. I guess I would say it would be better to keep the two lanes open on Burlington Street. I don't think- I think if you did keep it open, I was looking at some of the engineer's remarks. I don~t think it would particularly affect the integrity of that street if it was kept open. There is surely enough experience in that area that they have done this that I would think that that wouldn't be a major problem. But I also understand that it is a $31,000 savings and I understand that should be important. I wish it was just as important when you were adding onto the other expenses. But my two concerns are the congestion in that area. Drive that area. You are going to have difficult problem there. That two block area is going to really be a mess and so that, no knowing how the vote goes, but suspecting I know how it will go. I would say get these contractors going and get it done as quickly as you can. Thank you. Baker/ We are really making a decision tonight on this? Arkins/ Yeah, you got to tell us which one of the options do you want to do. Thisrepresents only a reasonably accurate transcription ofthelowa City council meeting of April 9,1996. F04996 #7 page 3 Nov/ We want to hear from the engineers and then we want to make a decision. Atkins/ We need to know. You asked us to bring it back. Kubby/ Close the street. Do it in May and pray for good weather. Baker/ I don't- ! suggest the opposite. The time and money savings compared to the disruption don't justify the closing. Arkins/ That is your call. Norton/ With all the juggles in here, how long is it literally going to be- would it be closed? Four weeks? I didn't see that number somehow. It seemed pretty crucial. Jeff McClure/ We are saying approximately four weeks. Norton/ It would be closed for four weeks? McClure/ Yes. Norton/ You save one week of the total construction time for four weeks closed. Kubby/ But you have to remember that traffic patterns are extremely different in this town when after graduation and before summer school starts. So there is going to be three weeks when that kind of traffic is significantly different although diminished to zero. But it is significantly different during those three weeks which will be three out of the four weeks that it is going to be closed. Nov/Right. McClure/ And what I would like to add is you are looking at two main things. You are looking at working days and you are looking at cost savings. There are two more items. That it is not tangible, you can't see it, you can't touch it, you can't say money or business. It is quality of construction. I can't emphasize that enough and safety. This project is coming from USTEP funds, some of it is, and that is to make the intersection safer. What safer environment could you ask for between a construction crew and the public driving through a construction area is to not have that conflict and that is to route the traffic around. You will have workers, if you keep it open, working right next to traffic. This represents only a reasonably accurate transcription of the Iowa City council meeting of April 9, 1996. F04996 #7 page 4 Woito/ And I am going to jump in at this point and I agree with Jeff's recommendation on safety. We have several law suits that we are defending right now that involve precisely the kind of conflict that this would create and it was similar. I would recommend closure. Baker/ Hey, that is compelling. I am backing up. Nov/ Okay. Council/ (All talking). Nov/ I want to say something once more because we have said it enough times and we haven't said it yet tonight. We are talking just about Burlington Street, right? Gilbert Street is definitely closed. Our only choice is Burlington Street? McClure/ That is correct. Thornberry/ I certainly hope that there will not be parking on Linn Street and on College where semis have to make big turns. It is going to be a problem. Is there anyway of closing down like maybe one lane of Burlington Street, like a block before they get to- You guys, that is their problem. Arkins/ We will figure that out. I just want to know, closed or open? Council/ (Closed). Arkins/ Closed. Thank you. Kubby/ Thank you, Jeff and Rick. Karr/ Motion to accept correspondence. Nov/ Moved by Thornberry, seconded by Kubby that we accept correspondence. All in favor please say aye- (ayes). Thank you. Motion carried. Thornberry/ I didn't vote. I am waiting for the Kubby/ So what is your vote, Dean? Thornberry/ Close the sucker. Nov/ Okay. (can't hear). This represents only a reasonably accurate transcription of the Iowa City council meeting of April 9, 1996. F04996 #7 page 5 Kubby/ Glad we clarified that one. This represents only e reasonably accurate transcription of the Iowa City council meeting of April 9, 1996. F04996 #8 page 1 ITEM NO. 8 PUBLIC HEARING TO DISCUSS THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIPS (HOME) FUNDING RECOMMENDATIONS FOR FY97. NOV/ This means that the vote on this issue comes on April 23. So, p.h. is now open. Please sign in. Please limit your comments to five minutes. Linda Murray/ I am the chair of the HCD Commission which is the citizen commission that reviews and makes recommendations to you on all of the requests for the federal CDBG and HOME funds that Iowa City receives. This year we are making recommendations for the allocation of a little over $1.6 million. We received 21 proposals requesting a little more than $2 million. All the proposals we reviewed were worthwhile projects that were attempting to address a valid need in our community. Our recommendation decisions are based on such criteria as CITY STEPS priorities and goals, feasibility of the project, the number of the people who will benefit from the project and the ability of the applicant to carry out the project within the federally imposed time lines. Of course co~tmission members' experience, knowledge, and personal opinions and biases are also brought to the table. Commission members and city staff spent approximately 20 hours in February and March during this process which is a reflection of how seriously we take out responsibility to you, to the agencies and organizations applying for these funds and to the Iowa City residents who will benefit from these funds. Thank you. Lisa Pauley/ Good evening. I am a resident of Pheasant Ridge and I am a member of the board of directors of the Neighborhood Center of Johnson County. I want you to know that I am here to support the recommendation of the loan from the HCD Commission. I also want you to know that we understand it is a loan. That the fundraising that we do will not in anyway be stopped. That we also want you to know the space we have available right now is a three bedroom apartment in Pheasant Ridge, that is what it is operating out of. It is very very cramped for the activities that go on. And the need of this building has been a great great need. That we have seen growth already, the building is almost done. We invite you to come out and take a look at it. There is going to be an open house on Thursday. I want you to know that we personally feel that this is a good blending of private along with community funds and I have four children that have been through the preschool program and one that is in the teen group and all of them have Thisrepresents only areasonably accuratetranscription ofthelowa City council meeting of Apri[9,1996. F04996 #8 page 2 participated in benefitted and support. the after school programs and have really I want to just thank you for all of your Kubby/ Thanks for staying to speak to us. Linda Miller/ Good evening. Program Coordinator for Mayors Youth Employment Program and I am here tonight on behalf of that program. CDBG funding has been a very important part of the Mayors Youth Employment Program. We have always been very grateful for the funding that we have received and we feel that we have accomplished wonderful things with that funding. However, I felt that it was important for me to come here this evening and address the fact that the amount of funding that we have asked for was reduced by at least 50%. I understand that only 15% of the HUD's moneys may be used for employment training. However, I would encourage you, members of the city council, to in some way have HUD consider that moneys that are used for job training and employment be considered that as economic development. We are all concerned about the economic health of Iowa City and our communities and our economic health depends upon our work force and what better way to have a healthy work force than to spend time, money to train our young people today to be good active employees and citizens of this community in the future. I know some of you are new to city council and may not know a lot about Mayor's Youth Employment Program and what we do. I have collated some information that I would like to hand out for those of you that aren't familiar with our program as well as for those of you that are. You can maybe brush up on what our missions and goals are. Would there be any questions at this time? Kubby/ I guess I have a question for Steve. Under federal guidelines, can you shift some of the employment issues from public services to economic development if they are for wages? Steve Nasby/ The way the regulations are set up now, economic development job training money which is different from others is set up for permanent job training in specific skill and they are doing like Mayors Youth, The Promise Jobs one that is also in the same funding pot, is doing more of an educational jobs training, not necessarily for permanent employment such as a business or specific skills. It is more of a generalized and that is just the way the regulations are written and we certainly have expressed that concern to HUD that, you know, we have this 15% limit but yet we have things that are economic development related like this that we would like to This represents only e reasonably accurate transcription of the Iowa City council meeting of April 9, 1996. F04996 #8 page 3 fund and can't just because of the 15% cap that Linda mentioned. Kubby/ Thanks. Miller/ Thank you very much. Robert Ballantyne/ I am director of the ECI Employment and Training Consortium and that is a 28E consortium under Iowa law involving Benton, Iowa, Jones, Johnson, Linn, Washington Counties and the City of Cedar Rapids to operate federal and state employment and training programs in that six county area. The main programs that we have are the Job Training Partnership Act which is a Federal Dept. of Labor Program. It has many parts. But most of them are involved with job training and job readiness for economically disadvantaged or persons who have disabilities. The other main program that we have is called the Promise Jobs Program and that is Iowa's early venture into the welfare reform and our part of that new welfare reform process in Iowa is the employment and training part of it. We take folks who were on the old ADC Program and as of January of 1994 all of those people who were mandated to be a part of the new welfare reform were transferred to the new Promise Jobs Program which required them to work in order to get benefits under the new welfare reform. Now, many of these people are single parents, young woman, young children and many of them do not have job skills. Many of them are short on high school education in order to get work. So on part of the program is to provide education and employment and training resources in order that they should get the educational background they need and the occupational skills they need in order to be self sufficient. Now, we are talking about the very poorest part of our society. Single parents of young children, mother in poverty on the welfare program. When this occurred in 1994 there was not enough money in the Department of Human Services Promise Jobs Program to provide childcare and transportation and employment and training resources money to go to school in order to get occupational skills for all of the people that were a part of this promised jobs program. As a result, there is a fairly long waiting list. There was a glut of people transferred at one time and many are still waiting to use the resource that are available through the Promise Jobs Program. In addition to those resources through the Promise Jobs Program, the JTPA which once served approximately 1/3 welfare recipients is now serving in the neighborhood of 60% welfare recipients in order to help move these people into self sufficiency. Last year the Thisrepresents only areasonably accurate transcription ofthelowe City council meeting ofAprilg, 1996. F04996 #8 page 4 state made provision for CDBG money that the state controls be available to these service delivery areas. I just described ours in this area and we can use that money for rural residents and so my organization approached the City of Cedar Rapids and the City of Iowa City because both of those entities have CDBG. And much the same money that is available for Mayors Youth Program, the 15% of HUD dollars is the money that we were looking to use to provide childcare transportation and tuition to provide schooling for this people. We requested approximately $36,000 and made not that all of he funding that we request would be available for childcare transportation- CHANGE TAPE TO REEL 96-50 SIDE 1 Ballantyne/ -Funding and I understand that approximately $10,000 has been recommended by the committee. We can provide service to fewer people with that amount of money but that amount of money will make it possible for four to eight perhaps ten people to have the resources that they need to complete schooling and to get an effective job. I should tell you that when the Promise Jobs Program began, approximately 18% of people who came to use were already employed and the average wage of those persons coming to us wasn't much above the minimum wage and after two years of training the average wage is considerably higher in the $8.00 or $8.50 an hour range and most of those jobs come with benefits and it is much more likely the person is going to be able to sustain their family with a wage and benefit package like that than they might on minimum wage. As people, we are two years into this program right now as of January of 1996 and of those people who have been enrolled in employment and training programs that were two years or less in duration, the average placement wage is between $8.50 and $9.00 and hour which is considerably better and we are seeing people leaving Promise Jobs for employment. How long they can stay, I don't know but they are better sustained on those wages than they are on wages near the minimum wage. And I want to thank you for the time and consideration you have provided to us with regard to our project request. Nov/ I have a question for clarification. You said that the money you received at the state level can be used only in rural areas? Ballantyne/ That is right. This represents only a reasonably accurate transcription of ~l~e Iowa City council meeting of April 9, 1996. F04996 #8 page 5 Nov/ Small towns? Ballantyne/ Outside of Iowa City and Cedar Rapids that have there own grants and I was considering the rest of that rural. Nov/ Okay. Ballantyne/ Any other questions? Thank you. Maryann Dennis/ I am the administrator of GICHF. I am a proponent of the citizen review process and commend the members of the HCD Commission for their work~ The commissioners make very difficult decisions with lots of applications, any of whom are very outstanding applications. The process resulted in the efficient use of public funds. The Housing and Community Development Commission recommended that Greater Iowa City Housing Fellowship receive funding for the acquisition and rehabilitation of 12 units of rental housing. This project will provide affordable rental housing for working families. I also believe the recommendations for economic development and initiatives to better our community and result in more job training and more jobs. The reality of the situation in Iowa City is that at the proposed wage levels from these initiatives, households that directly benefit will still be cost burdened as far as housing costs given the local average rent. Greater Iowa City Housing Fellowship has completed similar projects in the past, and in our experience acquisition of existing property as proposed by this project represents a very small number of properties available on the market in these price ranges. we cannot pay more than the appraised value for the property. We have not acquired property that included a conversion from owner occupied to rental. We have a very clear plan in the CitySteps document, and I quote, the emphasis in Iowa City strategy is on housing with six of ten priority activities targeted and approving housing conditions or availability for lower income households, end of quote. The top two priority in the Steps plan are the acquisition of land and/or construction of rental units or rehabilitation of, sorry. The second one is rehabilitation of the existing housing stock. I'm asking you to please ensure that the CitySteps plan is implemented. Thank you. Kubby/ Maryann, would you go in to some more detail when you said that one of the concerns from council members expressed last night was that if the Fellowship might be taking property off the market that has very little supply, and you were Thlsrepresents only areasonab[y accuratetranscription ofthe[ow8 City council meetingof April9,1996. F04996 #8 page 6 indicating that the numbers that you were talking about were small compared to the numbers available on the market. Can you throw out some numbers, or get those to us? Dennis Schutt/ I can get you the numbers as far as how many, the price ranges that we used for the proposal, and how many are on the market in MLS. But it's considerable the property that we have acquired in the past was properties that were previously used as rentals. We can separate that out also as far as single family homes and as far as what kind of income, what's called income properties are on the market. Kubby/ That will be helpful to some of us. Dennis/ Okay, I can do that. Any questions? Nov/ Thank you. Anyone else? Sandi Schutt/ Iowa City Housing Authority. I'm here to ask the council to consider our application for tenant based rental assistance, rental assistance in the form vouchers and this was identified as high priority in the CitySteps plan. We serve exclusively very low income families and individuals in the form of subsidized rent. This plan would expand housing for this very low income population that we serve. Our application does allow for the immediate rental assistance to very low income families in emergency situations. It also allows some flexibility on who we can serve. It would allow targeting for the very low income families with special needs. For example, targeting from ICARE clients and tenants. This also would allow payment of security deposits and utility deposits, provide other financial support in that manner. Some other benefits that our application would provide is that it uses existing private housing units, rental units. It maximizes housing choice for these households. And it provides scattered site housing of the rental assistance. So we are asking that you do consider our application for the tenant based rental assistance program. Thanks. Thornberry/ May I ask a question? You help the tenants with their deposits if there's a deposit that they can't, sometimes they can afford to be in an apartment, but they can't afford the up front deposit like one month for a damage deposit. You help them with that as well, is that correct? Schutt/ Our application does address that, that we could use some of this money to help with utility deposit or security This represents only a reasonably accurate transcription of the Iowa City council meeting of April 9, 1996. F04996 #8 page 7 deposit. Thornberry/ Good. Thank you. Nov/ This is the group that we haven't yet given money too. Thornberry/ I know but they deserve some. Nov/ We talked about that yesterday and we may transfer some money. Norton/ Is there some chance they were going to get money from another source that they don't know about yet? Nov/ No. Norton/ I thought there was a contingency. Nov/ It was contingency. It was intended to be small amounts but they may need the whole thing. Nasby/ I think what Dee was talking about is that the Housing Community Development Commission did make a recommendation that TBRA get priority should funds from last year to this year, should projects fall through. Basically if they could receive funding. But right now the funding that we were initially looking at is looking like it's going to be committed to a project. You're holding a p.h. on it at your next meeting, so. Kubby/ The other thing to note is that in this program, that money can be used for water, utility deposits and we have what I believe is a very discriminatory policy in our ordinance that has tenants paying $100 for that deposit while a homeowner only pays $75. We could fix that with four votes. Baker/ (can't hear). Kubby/ ¥eah. Michael Richards/ Heartland Candleworks. Heartland Candleworks operates with a very simple premise, that if people who have been homeless in the past and are presently disabled are given an opportunity to work in productive employment, they can meet their own needs for housing and their other basic necessities. And at Heartland Candleworks, this isn't just theory. We have proven that it works. Fourteen people have been provided with si~ort term interest free loans to get in to permanent housing. This represents only a reasonably accurate transcription of the [owe City council meeting of April 9, 1996. F04996 #8 page 8 Some individuals have been living in vans. Some have come out of the shelter and then after they are in their permanent housing, they maintain their own costs through their own work. I would like to extend an invitation to all of you on the council and anyone in Iowa City to make a visit and see. It's really quite a phenomenon. We have people who some haven't been employed for as long as ten years and have now entered in to the national and international marketplace. The funds that people are now using to pay their own housing, are coming, it's classic economic development because those funds are coming in from all 50 states. The products that the individuals that work at Heartland are distributing to over 1000 locations in the whole 50 states and now this has gone international. Heartland has just acquired the contract where funds are now coming in to Iowa City from Canada. 130 stores now have Heartland producing their private label candles. We have provided extensive documentation on the financial structure of Heartland and a detail of how these funds will be used to expand the business so that the numbers of individuals that are employed will grow. But more important than the paper documents will be if you can make a visit and see how it works firsthand and perhaps just visit with some of the people who are their working and they can tell you directly how this has changed their life dramatically. Rebecca Teasdale/ Furniture Project, DRIP. As you know, the Furniture Project is a recycling program that distributes donated furniture and appliances to individuals in our community who have been formerly homeless or near homeless. The project has been in existence since 1993. It was formed by 18 local human service agencies that recognized that when families have been homeless they frequently lack the furniture that they needed to establish a home of their own once they retained permanent housing. We serve families that are utilizing all the housing resources in Iowa City including the Iowa City Housing Authority and HACAP transitional units. The funding proposal that we submitted for CDBG funds is to support the coordinator position, and that's the only full time, or only paid position at the Furniture Project. It is a full time position. I'm here this evening to update you on our funding situation for FY97. As our application details, we had a application in to the Emergency Shelter Grant Program and Homeless Shelter Grant Operations Programs at the time, but this was submitted. We just received notification that that application has been denied. Due to their own funding cuts, they were not able to consider any new applications. And so we appreciate the recommendation for full funding from the This represents only a reasonably accurata transcription of the Iowa City counciA meeting of April 9, 1996. F04996 #8 page 9 Commission, and it does appear at this time that the future of the Furniture Project will depend on receiving the CDBG funds. I'd be glad to answer any questions that you might have. Thank you very much. Steve Nasby/ One of the projects that was under some discussion I guess last evening was the down payment assistance project. And I wanted to give you just a brief, very brief history of where that came from. Last year when council had their affordable housing discussion, a number of staff were present at those and out of those discussions came some indications that we wanted to, Housing Rehab Program is the only thing that assists homeowners. And so somewhere in the continuum of housing and assisting homeowners with rehab, there's a lack of providing sponsors and helping people acquire housing, the down payment assistance. So staff put this proposal together kind of as a result of those meetings and I realized that those were with previous council, but that's how this proposal came about. And I just wanted to let you know that. We have done it in the past and we have been very successful doing it, and so. Nov/ Thank you. Baker/ Steve. Nasby/ Yessir. Baker/ You say you have done this in the past? Nasby/ We did it I believe city fiscal 93 and city fiscal 94. Baker/ So there have been people who have taken advantage of this program. Nasby/ Yes. Baker/ What are the numbers? Nasby/ With very limited funds, I think in my first year here which was fiscal 93, we had 18,000. Baker/ $18,0007 Nasby/ $18,000 which we did 6-7 loans with. Baker/ Okay, did you have a sense of a waiting list of people who Thisrepresents only ereesonably 8ccurMe transcription ofthelowe Citycouncil meeting of April9, 1996. F04996 #8 page 10 would be eligible that would? Nasby/ Because we had such limited amount of funds, we didn't widely advertise. What we did was we notified the lenders and gave them the income criteria and said, you know there's a fairly tight window for these folks to fit through, because they have to make enough money to qualify for a mortgage to buy a relatively expensive house for a low income person, but yet not make enough money to be over the low income guidelines. So that window was fairly tight but there are people out there who can fit through it and would benefit° Kubby/ So if the equivalent of the Tenant Based Assistance Program for renters but for home ownership. But you can make the monthly but you need some help with the down payment, like you need some help with the deposit. Nasby/ Correct. And there are some local lenders that have also seen this need and come up with some solutions and one local lender runs I think it's called a two three program. 2% of their deposit, or excuse me, of their down payment has to be from their funds and 3% can be from other sources, gifts, public assistance and they'll do a 95% loan to value ratio loan. So this would help those folks get in that door as well. Nov/ Anyone else? Before we close this p.h. do you want some council discussion about any of these other items? Nasby/ Excuse me. I was waiting for the p.h. to close. Marian had asked me to ask for that very thing. You, last night there was some discussion to get some indication from the council on particular projects or funding scenarios that you may would like the staff to put together for you. If we could get some indication of those so we can do that, then the next meeting is the April 23 meeting and we do need to get this in to HUD by May 1. Nov/ It is usually our habit that if we make changes we continue the p.h. in case someone has a colmment on that particular change, so we'll just vote on it next time even if the hearing hasn't been closed. Nasby/ Okay. Nov/ So, the one thing that there were people looking to (can't hear) that I remember was the Iowa City Housing Authority Rental Assistance. And was there anything else? This represents only a reasonably accurate transcription of the Iowa City council meeting of April 9, 1996. F04996 #8 page 11 Baker/ Naomi, I'm going to use this phrase you heard tonight, question for clarification. Nov/ Okay. Do it. Baker/ The money we've got, I mean if we're going to shift stuff around, it's got to come in this money, total money figure. There are no other sources that we're dealing with. This is it, so if we move something over, we've got to take something away from something else. Is that? Kubby/ There's actually precedent in the past that there're been times when we've taken money from other sources to supplement block grant money to make something happen. Nov/ If we have money in other sources. Baker/ Okay. Kubby/ Right, but I'm just saying that there's a precedent that in the recent past that we kind of. Baker/ Can I ask a question about a specific program that wasn't discussed tonight, Steve? This is the Housing Rehab Program. It's a substantial chunk, $450,000 requested and approved. Nashy/ Yes. Baker/ This is not money that people are, that projects or people are already obligated to. Nashy/ This would be a new funding source. Baker/ So if there's a cut in that allotment, we're not cutting out somebody who is already working under the assumption they're getting it. Nashy/ No. We haven't obligated these funds to specific households. We do maintain a rather lengthy waiting list and the rehab funds that are requested here are for a variety of programs. I mean they're for energy conservation as well as residential accessibility, comp rehab, mobile home repair. Baker/ So if you took just a chunk out of housing and rehab, you'd have to reformulate all the subprograms? Nashy/ We would shift those budgets around. I mean we would deal Thisrepresents only areasonably accuratetranscription ofthelowa City council meatlngofAprilg, 1996. F04996 #8 page 12 with whatever budget comes out of this. we also have 2 1/2 staff tied up with rehab programs. Baker/ Okay. Nasby/ So that would be consideration as well. Baker/ Great. Thank you. Norton/ Does the city have any choice between these? We have the city with the housing rehab 4 1/2 of them with a tenant based rent assistance with nothing. Is that the way the city staff would like to see it? Nasby/ I'believe in the big dream book you all got, there was a staff recommendation at the end of Marianne Milkman's memo that kept us within those spending priorities that Mr. outlined, but we have provided funds for both those programs. Norton/ If you want them both, yeah. Nov/ Do we need to at this point say we want to pay for this particular item to come from that particular item? Or do we just say to the staff, please transfer some money. We think this is something worth funding. Nasby/ What would be particularly helpful to know where you want it to come from. Kubby/ They've already done their work. The committee and staff have done their work. Nov/ I just wanted to make it clear. Nasby/ If we could add something, we have to take it away from someplace else. Norton/ Why should we second guess. What do we have for a good basis for second guessing here? Baker/ That's my concern, because these people spend hours and hours doing this with discussions with all the AV's and detail, and we seem to be on the verge of just saying I like this better than that. Nov/ We do that. This represents only a reasonably accurate transcription of the lows City council meeting of April 9, 1996. F04996 #8 page 13 Baker/ We probably do it all of the time in all sorts of other issues as well as this, and this seems a little bit more dramatic because of the. Nov/ He remembers all the things he wanted that we didn't let him have. Baker/ Oh, well. That's all right. We say no to Steve all the time. I'd like to ask staff, I guess what was the basis for not funding some of the programs? Nasby/ I believe the only one that staff had recommended against funding was the one from the Everest Connors Center, and that was because they're currently going through the ISED training program. And we would like to see that project go, but if we could re-work it after they're through the program, we could do it as an economic development program, and then we wouldn't have to run against that 15% funding cap that we've heard about this evening. The other zero funding projects were part of the commission's recommendation and I think in their rationales and maybe Linda or the other commission members can expand on that. Baker/ I'm just wondering, do you just want to dive in and just make suggestions, or raise possibilities. Kubby/ That's what we need to do tonight, we need to get some suggestions. Baker/ Let me start one. Tenant Based Rent Assistance Program and Housing Authority. I'm not sure I feel comfortable with $150,000 but I'd like to make some sort ¢f substantial commitment to that program. And the first thing that I looked at as an alternative source of funding was the rehab program because we're not dealing directly with people already conm~itted to that sort of thing and it is an ongoing project and that's my first inclination. I mean I'm comfortable with the other stuff. I said last night there were a couple of these things that I'm uncomfortable with but not strongly enough to consider suggesting changing them. But the Tenant Based Rent Assistance Program I'd like to see us do something with. Norton/ Something. Baker/ And that's the suggestion from me. Thisrepresents o~,ly areasonsbly accuratetranscription ofthelowaCitycouncil msetingofAprilg, 1996. F0¢996 #8 page 14 Kubby/ The Commission's suggestion for contingency fund is $27,000 more than the staff's. And I know it's good to have a contingency at a certain percentage for some cost overruns so that the programs have some wiggle room if needed although it's not gotten into for that purpose very often. So in my mind, I'd like to reduce the contingency as the starting point for adding anything in at that $27,000 level. Baker/ That's fine with me. Norton/ Where,d you'd get the 27 number? Kubby/ I'm looking on page 10 for the staff's suggestion for contingency° compare it to the HCD on. Norton/ So they had 22. Yeah, I see. Nasby/ And look in the HCD Commission recommendation to that $22,000. The difference was that research and planning money. Kubby/ Thank you for the reminder. Norton/ In other words, that's earmarked here, yeah. Nov/ Well, we also have the possibility of saying we have not been doing research and planning on this year's budget but there are some of us who think it is probably time to start doing that kind of thing. Kubby/ And it may be that we say the Tenant Based Assistance Program is important to us and that will be the high priority for next year or for any funds that are returned as the committee suggested and give a message to the committee that that is an important thing that we would like to have looked at seriously next year. Baker/ At a minimum I think we ought to do that but I would still suggest the we fund some part of it this year. Norton/ Of the Tenant Based Rent Assistance. I would like to see so, too, and I would like to hear why that- It seems like such a heavy need. It doesn't get any allocation. It is not quite clear. The need seems so desperate at least according to Doug last night. Murray/ I guess the best explanation I can give as to what the This represents only a reasonably accurate transcription of the Iowa City council meeting of April 9, 1996. F04996 #8 page 15 conunittee's thinking was is to bring up the $200,000 that we were- I mean, at that time that we had this meeting, it seemed fairly certain that we were going to have to reallocate those funds. So we thought we could do both. We thought we could fund everything, you know. It turns out that probably isn't going to happen that those funds are going to have to be reallocated. And but we have already done our decisions and so I think I encourage you to, you know, if you can come up with a way that is suitable to you to fund some part of this program, I don't think that anybody on the committee is going to be real unhappy about that. I guess, it is not that we didn't agree that this is a valuable program. Norton/ You were hoping against hope, in other words. Murray/ We were hoping to have our cake and eat it too, yes, basically. Lehman/ You folks spent a tremendous amount of time and effort into this and obviously you are more familiar with all of the various programs than we are. I am a little reluctant to go into any particular program because I am not that familiar with it and I realize that time is short. Would you be interested in possibly recommending where some of this money could come from? I would much rather see a recommendation from you folks. You are familiar with it, you have looked at it, you have talked about it, you have got the background. I would much rather have a recommendation from you folks as to where we should take it from than for us to go into, at least from my own personal point, to say hey, let's some out of here and some out of here. Murray/ Sure, we could do that. Lehman/ It would be something that would have to be done by 23rd. Nov/ Yeah, it would have to be done by the 23rd and ~ think it wouldn't hurt at all to have a recommendation from council and a very- Baker/ I actually agree with Ernie. Ernie's approach is better which is we have something we would like to see happen and if we were forced to make a decision we could certainly offer where we would take it from. But if they can make that decision, it is a more thoughtful, I think, decision. Lehman/ Much more comfortable with that. This represents only a reasonably accurate transcription of the Iowa City council meeting of April 9, 1996. F04996 #8 page 16 Vanderhoef/ I would offer that we consider $50,000 to be put into this fund and see if you can find a place to pull $50,000 from. Baker/ I am nodding $75- If you are picking figures, I am nodding $75- Norton/ Some number. Nov/ I am seconding $50,000. This was the original staff recommendation and something that we haven't done before should start smaller rather than $150,000. Kubby/ Although we know the program, we know the people, we know how to administer these moneys. So, for me, it is not a new program, it is an extension of the federal program with actually greater flexibility to serve more people. Baker/ And the way I read this, the staff recommended $75,000. Nov/ Oh, well, the one that is in our current book was $50,000 recommendation. Nasby/ The confusion here is when staff did its original recommendation, we didn't have the $100,000 from Adult Day back in this pile. So that money then got divided up amongst a couple of different projects which is the reason that staff recommendation is two different figures. Baker/ Which was the original and which was the later recommendation? Nasby/ The higher one is the latest. Norton/ They could handle $75- presumably. Nasby/ And one other point of clarification is that we are running a Tenant Based Assistance Program now with HOME funds. We funded one last year, Sandi? Last year. Nov/ Do you remember what the amount was? Kubby/ That was like the pilot? Nasby/ We did $150,000 with them last year. So we do have that going underway. This represents only a reasonably accurate transcription of the Iowa City council meeting of April 9, 1996. F04996 #8 page 17 Kubby/ So we might need to have you prepare two resolutions. One that is the current commission's recommendations and one that is the latest one. Nasby/ We will have to set this up. If that is the way you decide to go we will have to set up a special meeting with HCDC and have them work through different funding scenarios to try to find that $50- or $75- Kubby/ Do you think the committee would be opposed to meeting to do that task? There is at least three members here. Murray/ The numbers that are here seem to be as you just said. I think the committee would be all right to do that, yeah. Nov/ This committee has put in many long hours. I guess they figure one more hour isn't going to make that big of difference. Murray/ This ought to be overtime pay. Baker/ And we are just recommending in a positive way. We are not recommending that we want them to go back and consider anything specific. Okay. Nov/ It is fair top say that we are not committing anything specific. It is also fair to say that we are thinking like Larry. There are some places that have larger commitments, therefore, it is easier. Norton/ Are we going to give hints about those? Lehman/ I don't think we are qualified. Nov/ Sure we are. Lehman/ I don't think I am qualified. Baker/ We have tricked the public. We are qualified. Thornberry/ Next year, would you like to spend three months with Karen on the funding. Kubby/ It was pleasant, Dean. Didn't you learn a lot? Thornberry/ I learned a lot and it was very interesting and I learned a ton about the different programs and yeah, I feel like I am sort of qualified for that, too. But since the- Thisrepresents only areasonably accurate transcription ofthelowa City council meetingof April 9,1996. F04996 #8 page 18 Baker/ Is there anything else that council would like to see increased? Any other programs council would like to see increased or- Nov/ No, but I would say there is a potential of decrease here because of last year's funding that was not spent. There is a potential of $504,000 for GICHF within one year and there would be easy ways to defer some of those amounts that we could put it into Tenant Based Housing. Nasby/ The $504- came from Nov/ $200,000 left from last year. Nasby/ Right. Nov/ There's $304- for this year and I'm thinking because last year's is going to be committed this year, some of this year's could be. Nasby/ Be deferred. Nov/ Be deferred to another day. Nasby/ Okay. I just wanted to make sure. Nov/ There's the potential for a very large sum of money to be spent by a single group in a single year. Kubby/ I hope they can do that. Nov/ I feel sorry for the other group too. Norton/ Yeah. Kubby/ Do you feel Nasby/ I think so. like you have enough direction Steve? We'll give you something. Nov/ The committee will work it out. We have confidence in them. We need a motion to continue the p.h. Moved by Lehman, seconded by Norton. Any further discussion among the council? Baker/ Format, and this was Karen's requested staff recommendation, the same page? So it's clear. idea. Next time can we get committee recommendation on This represents only e reasonably accurate transcription of the Iowa City council meeting of April 9, 1~96. F04996 #8 page 19 Nasby/ You certainly may. And that does lead me to another question. Do you want these big green books? Nov/ You may want them back. Is that what you're saying? Nasby/ If you are finished with them after, through this process, I would like them back. But in the future for future years. Baker/ I found the summary adequate unless I had specific questions and I could always call staff. Nov/ I like the book. I would be happy to read it and give it back to you. Nasby/ Okay. I just wanted a general feel because these are, they're a couple hundred pages long and we print out 15-20 of them it gets kind of costly. Norton/ We can pass one around. Nov/ If it's far enough ahead of time, we can pass it around. Norton/ We could certainly share them. Nasby/ Okay. I'll keep that in mind. Kubby/ This is a tab discussion. Baker/ I was going to say, it (can't hear). Norton/ I'll put tabs on mine for Larry. Kubby/ Private contract. Thornberry/ Before you all leave, I would like to thank you for staying so late. Norton/ Yes, thank you. Nov/ Thanks for all the hours you spent before and the hours tonight. We didn't vote on that motion to defer and to continue. All in favor of continuing the p.h. until April 23 please say aye- (ayes). All opposed please say the same sign. Motion carries. Nasby/ Thank you very much° Thisrepresents only areasonably accuratetranscriptlon ofthelow8 City council meetingofAprl19,1996. F04996 #8 page 20 Kubb¥ Thanks, Steve. This represents only e reasonably accurate transcription of the Iowa City council meeting of April 9, 1996. F04996 Agenda Iowa City City Council Regular Council Meeting April 9, 1996 Page 10 ITEM NO. 9 ITEM NO. 10 PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR CONSTRUCTION OF CONTRACT 2 OF THE WASTEWATER TREATMENT CONNECTION PROJECT, ALSO KNOWN AS NAPOLEON PARK PUMPING STATION AND NORTH PLANT IMPROVEMENTS PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Comment: This work involves the construction of the Napoleon Park Pump Station, minor improvements at the North Wastewater Treatment Plant, new bar screens at the North and South Plant Pump Stations and a fiber optics line between the two wastewater treatment plants. The estimated cost of this work is $5,548,000. Funding for this project will be provided by sewer fewhue bond proceeds, a. PUBLIC HEARING Action: ")/~,~ b. CONSIDER A RESOLUTION APPROVING Action: PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MELROSE AVENUE WEST RECONSTRUCTION PROJECT, STP-U-3715(6)-70-52, AND DIRECTING CITY CLERK TO PUBLISH NOTICE. Comment: The Melrose Avenue West Reconstruction Project consists of extending the four lane boulevard urban section of Melrose Avenue from West High School, west to Hwy. 218. The total estimated construction cost is $2,081,600, of which up to $1,720,000 will be reimbursed by Federal Surface Transportation Program funds. The remainder will be funded by General Obligation Bonds and Road Use Taxes. a. PUBLIC HEARING Action: CONSIDER A RESOLUTION APPROVING Action: ' #Pb page 1 ITEMNO. 9b PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR CONSTRUCTION OF CONTRACT 2 OF THE WASTEWATER TREATMENT CONNECTION PROJECT, ALSO KNOWN AS NAPOLEON PARK PUMPING STATION AND NORTH PLANT IMPROVEMENTS PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS AND FIXING TIME A~D PLACE FOR RECEIPT OF BIDS. b. CONSIDER A RESOLUTION APPROVING Nov/ P.H. is open. Would staff like to say something during the p.h.? No. Okay. Lehman/ Thank you. Nov/ P.h. is closed. We need a motion to adopt the resolution. Moved by Lehman, seconded by Vandarhoef. Any discussion? Kubby/ My only request is that we have archeological and State Historical Preservation folks on board as early as possible. That we don't wait for- Atkins/ I signed the contract amendment this afternoon. Kubby/ So they are not there when the equipment is there. That they are there before they are digging. Nov/ Okay, everybody is nodding. So, for the record, we did it. Any other discussion? Roll call- (yes). Thisrepresents only a roasonably accurate transcription ofthe Iowa City council meeting of April9.1996. F04996 #10b page 1 ITEM NO. 10b PLANS, SPECIFICATIONS, FORM OF C0NTR~CT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MELROSE AVENUE WEST RECONSTRUCTION PROJECT, STP-U-3715(6)--70-$2, AND DIRECTING CITY CLERK TO PUBLISH NOTICE. b. CONSIDER A RESOLUTION APPROVING Nov/ P.h. is now open. Any comments? Okay. The p.h. is now closed. We need a motion to approve the resolution. Moved by Lehman, seconded by Vanderhoef to approve this resolution. Discussion? Kubby/ Yeah, Rick. We have got a beautiful drawing of what the future of this street will be and I think it would be good to show it and maybe could you outline, I was very concerned about some things in your memo about the city complying with the intent of the Sensitive Areas Ordinance. How challenging is that and what we are doing to mitigate those concerns? Fosse/ Okay. Kubby/ Do you need an extra hand? Fosse/ Can you hear me, Marian? Okay. First I might start by saying the Sensitive Areas Ordinance was approve in December of '95. Design on this project began of July of 1994, So there wasn't much opportunity to take those things into account up front. We have done a Phase 1 archeological investigation and identified two historic farm sites near the project but not on the project. We have also identified there is protected slopes on this within the project and what those protected slopes actually are is the embankment from the roadway that is out there now. They are just very steep and that is one of the reasons we want to rebuild this is to ma~e it safer. So we will be flattening those slopes out and making them more stable and safer and the offer issue is two small potential wetland areas. They total about .28 acres and at this point they have not even been identified as anything more than potential wetlands and we can't make that identification until probably later this month. We have our state and federal approvals to work in these wetlands and one of the things we need some direction on is do you want us to pursue the Sensitive Areas Ordinance with regard to these. There is some issue on whether or not our Sensitive Areas Ordinance was actually intended to regulate wetlands this small. It depends upon how you interpret the ordinance and I guess we have been taking the strict interpretation. Kubby/ Could you point out where those areas are? D Thls represents only a reasonably accurate transcription of the Iowa City council meeting of April 9. 1996. F04996 #10b page 2 Fosse/ Those are near the west end of the project on the upstream side of the existing roadway and I believe they were created by the existence of the roadway interrupting the drainage ways that are out there now and that is what is creating those- Woito/ They are newly created? Fosse/ Newly in the sense that they are as old as the road is, the existing road. Nov/ Its similar to a low spot along the edge of the road and if we widen the road, we then fill in that low spot and put something over it. Fosse/ That is correct. Thornberry/ Kind of like a manmade slope. A manmade wetland. Kubby/ A wetland created by human activity, you mean. Nov/ Human road building. Norton/ While you have that up. If we are satisfied with dealing with the Sensitive Areas issues, what about that light now and the funding. Are we just going to have a straight road and no light and entire federal funding? Or are we still going to have some of that that we are swallowing? Fosse/ Sure. At issue here is the traffic signal at the entrance to West High and Hawkeye Drive. What happened was is because none of the federal warrants are made and there are federal moneys involved here, they said if we want to use federal money on this job, we can't put the light in. In order to preserve our local decision making in that, we put the project here and we are paying for this 100% locally. The rest will still contain federal funds on it. As far as the decision making process is concerned, last direction from council was to ask the school board if they were interested in participating in the cost of the signal. The response from the school board has been no, they are not and if I am reading them correctly, it is associated with the liabilities of putting in a signal that doesn't meet the warrants. So, at this point today, we have got three options that we can pursue. One is to put the signal in concurrently with the project. Two is take a wait and see attitude. We have preserved our ability to do that by splitting the project and we can put the signal in at any time you desire after the project is complete. It doesn't meet This represents only a reasonably accurate transcription of the iowa City council meeting of April 9, 1996. F04996 #10b page 3 warrants, you need to understand what those ramifications are. Or the third option is to merge the project back together and we need to clear this with the feds and the state. We could merge it back together to get federal funding for the whole project. But that takes away our decision making ability and that locks us into no signals until at least one of the warrants are met. Norton/ Until the warrants are met, yeah. Kubby/ And we had said to the school board we are willing to share liability to put a light in with the warrants not being met and they said they don't want to participate in that sharing of liabilities. I prefer not to do the light at this point unless they are willing. Norton/ Do you want to leave it for future possibility? Kubby/ Well, when the warrants are met, then there is no problem. Baker/ You said federal warrants. Are those the governing warrants or are there state or city warrants? Fosse/ There is a nationally accepted standard published in the manual of Uniform Traffic Control Devices. There are 11 warrants. If you would like something in depth about that- Baker/ No. Fosse/ Joe has been sitting here for five hours. Baker/ Rick, what I want is- You had said three options. What are the money figures for the three options? Fosse/ Oh, boy. I am not prepared to really go into depth on that. The rough figures were foregoing about, if my memory is serving me correctly, about $120,000 in federal money will not be utilized in this project. It is possible we can retrieve that money in other future federal aid projects in Iowa City if we spend enough money on those other projects. There is some chance that we may not see that money. Baker/ Okay, $120- or $140. What did you say? Fosse/ About $120- Does that sound about right? Atkins/ I think the second option is the one that probably appears This represents only a reasonably accurate transcription of the Iowa City council meeting of April 9, 1996. F04996 #10b page 4 to be the most favorable. It preserves your option at some time in the future. The loss of moneys pretty much kind of goes back into a pool we believe that we can apply it to another project. We are not going to lose it, lose it. We lose it on this project. I think we can pick it up somewhere else. Thornberry/ But we save out option. Atkins/ You preserve the option. If you want to go for the full funding then you- Norton/ Well, if it is only $120- and you think you are going to recover it somewhere else, it wouldn't be worth taking a risk. Atkins/ We believe we have a very good chance of recovering it. Baker/ Okay. But that in no way obligates us to put in the light? Atkins/ No, it does not. That still remains your call because the liability issue doesn't change. There are all those other questions associated with that. This just preserves the option. Baker/ $120,000 additional cost to us with that option and we ask the school board to contribute $25,000. Atkins/ We figured $50,000 for the light and we asked for half. Baker/ Oh, that doesn't include the cost of the light. So it would be about $170,000 and we asked for a $25,000 contribution. Atkins/ Yes. Norton/ We didn't ask- CHANGE TAPE TO REEL 96-50 SIDE 2 Baker/ They are not generating the traffic there. Atkins/ It is not a thoroughfare. I mean, we talked about carving that up into thirds and we couldn't make a sound argument. So we went with half of the school. Baker/ We put the temporary light in knowing full well that on any other intersection, any other road in town, the warrants would not have justified that. That was a- Thisrepresents only sreasonably accurate transcription oftbelows City council meeting of April9,1996. F04996 #10b page 5 Atkins/ At the time the temporary was put in everyone was fully aware that it did not meet the warrants. Baker/ And it was put in because we were trying to accommodate concerns of the school board. Fosse/ And we will be improving the geometrics out there. We will have improved sight distance and we will also have left turn bays that will let turning traffic in. Baker/ It is going to be a safer intersection. Norton/ Will that cue be long enough? Fosse/ Well, we sure hope so. Without signals there will still be delays at peak hours, peak times. You know, when the students are going to school and those delays will be especially long for those heading south out of Hawkeye Drive wanting to cross to turn into West High. You can expect long delays there. But that is right at one peak time. Atkins/ It is also kind of unusual traffic movement. Why would you drive from Hawkeye to West High? Norton/ Not often. Atkins/ I can't imagine. Kubby/ Because teenagers like to drive to school. Atkins/ I have heard that. Fosse/ When the signals went in, the signals that are out there now, the traffic pattern is redistributed and a lot of traffic did start cutting through Hawkeye Drive. Nov/ The University didn't like people to do that but they do it. Kubby/ So with an improved intersection, why would we agree to put a traffic light in without the warrants? With an improved intersection? Nov/ We are not saying that we should. I don't think anyone is disagreeing. Baker/ No, we are not. But I would anticipate some people, when they discover that the light is not going back in, coming down Thisrepresents only ereasonably accurate transcription ofthelowa City council meetingof April9,1996. F04996 #10b page 6 and being concerned about safety of motorists. Kubby/ I thought the discussion was going in the preserving that option. Council/ (All talking). Norton/ I think we are thinking right? direction of of preserving a light option, Nov/ Well, even if we preserve the option we still are saying that the warrants have to be there before we put the money into it. Kubby/ So what difference does it make to preserve the option if we would only put it in if one warrant was met. Lehman/ It is 20 minutes to 12:00 and we don't have 50 parents out here yelling at us. And even if we don't have the warrants I guess I can- We didn't last time. Kubby/ We knew we were going to be making roadway improvements in talking to the school board. Baker/ It was clear that all we obligated ourselves to was a temporary light and we are still talking to the school board about access off of Galway Hills and other issues as well. Lehman/ I still think at some point in the future, although I certainly do not advocate it, we may find ourselves almost forced to put in a light whether or not we meet the warrants. Atkins/ If the warrants are met, I assume that someone could make the argument that it is a city responsibility. If the warrants are met. Vanderhoef/ Rick, so we keep putting in wiring and everything- Fosse/ Yes, we'll put the conduits in. Kubby/ Would we be using Road Use Tax money for that $120,0007 Fosse/ I think so. Possibly some GO bonds. Kubby/ Okay, so I mean that does make some difference because GO bonds come from General Fund, okay. That means what don't we do? This represents only a reasonably accurate transcription of the Iowa City council meeting of April 9, 1996. F04996 #10b page 7 Lehman/ If we recover the $120,000 from some place else, it is taking money out of one pocket and putting it in the other. Baker/ But we are not going to recover it right away. Atkins/ No. Kubby/ That's right. So it is like for the FY that this will have to be paid for, what are we willing to forego to have this option open? There are consequences. Baker/ I am willing to preserve this option because there are more questions besides just a traffic light in our relationship with the school board that we can talk about. It is going to be a part of another discussion. Fosse/ I am sorry, Larry. One thing to remember is the warrants really aren't that close and the time horizon on this may span different councils, too. You are preserving not only your ability to make that decision, but perhaps a future council. Kubby/ Well, it sounds like the majority wants to preserve the option. Baker/ Does that mean it in not unanimous? Kubby/ I don't feel that strongly about it. I think- Norton/ I hate it but I guess I have to. Kubby/ Without knowing for that FY how much of the GO bond will have to be paid back and what are we going to have to forego in that budget year, it is really h~rd for me to sound so good about that option. I don't object to it. I would not vote no against this resolution. Baker/ I can foresee where in future discussions with the school board on many issues, this may be something that we can negotiate in context of other issues as well. This preserves that option. Kubby/ I don't object enough to vote no on the resolution. Lehman/ You need some direction on this .28 acres of wetlands? Fosse/ Yes, I do. Thisrepresents only ereesonably accuratetranscription ofthelowa City council meeting of April9,1996. F04996 #10b page 8 Lehman/ Did you say .28? Fosse/ Yes. Lehman/ As much as I agree with the Sensitive Areas Ordinance, I really don't think we should let the area this small really interfere with the project. So I guess I would- Woito/ Not having secured the DOT's bid letting date that we worked so hard for. Kubby/ I guess my question would be if a private developer were wanting to do something and there was this amount and quality of wetland, which we don't know yet. Really either one of those two things exactly. Would we be requiring them to do some kind of mitigation? Nov/ Not with this time line. If this- Woito/ Not a year and a half- Kubby/ That is not my question. If they came in today with something. I mean because there are some provisions in the ordinance that then you have to mitigate somewhere else, right? Baker/ Aren't we in a sense retroactively applying the ordinance? Woito/ Rick said there is a question whether this is a large enough wetland to even qualify. Fosse/ I think the first thing that needs to be answered is to do some research and find out if it was the intent of the ordinance to regulate the wetlands smaller than an acre. By the letter of the ordinance, whether they meant it or not, it does. There is recollection by Karin Franklin that was not the intent. I need to find out from some other folks if that is true. That could very well help answer the question. Woito/ It was my recollection that it was not, anything under one acre. Baker/ And wouldn't a private road builder also have the option to go to the Board of Adjustment and say, for whatever reasons, this is not applicable? Fosse/ If this were a private development? If it were a private This represents only a reasonably accurate transcription of the Iowa City council meeting of April 9, 1996. F04996 #10b page 9 development- Baker/ If it were a private developer going through 2.2 acres of wetland, wouldn't he or she have the opportunity to go to the Board of Adjustment and make some appeal? Fosse/ Oh, does that exist within that Sensitive Areas ordinance? Baker/ I don't know. That is what I am asking. Nov/ I don't know if it does or not. Baker/ .2. Nov/ They would certainly have the ability to shift the road which at this stage we do not. Woito/ And we are improving a bad situation. Baker/ I want us to be as consistent as we can because we are going to hear from other people about if you don't figure out a way to justify what you are doing, why should we. Fosse/ What I recommend is that I be given an opportunity to talk to Karin Franklin and find out what the intent was. If that was not the intent then we need to fix the ordinance so this doesn't happen again. If that was the intent then I will be back to you with the same question at a later meeting at an earlier hour. Nov/ Later date and earlier hour sounds good. Thornberry/ Is the city required by the ordinance to adhere to this entire ordinance? Atkins/ By policy. Kubby/ That we follow the intent of the ordinance. Thornberry/ I think we should start with the road, make sure we hit all the dates that we fought to so hard to get to get this thing started and take a look at this .2 acres at another time. Lehman/ I think that is what you just said. Fosse/ I will research the intent of the ordinance and I will be This represents only a reasonably eccurete transcription of the Iowe City council meeting of April 9, 1996. F04996 #10b page 10 back to you if the intent was to regulate smaller than one acre. Norton/ One way or the other. Nov/ Sounds like that's- Baker/ Quick question on the Sensitive Areas Ordinance. It is our policy that we abide by our own ordinance. Refresh my memory about how this is applicable to the University, for example, in their construction. Atkins/ I think it is encouraged is the language we use with the University. Kubby/ Since we can't mandate. Woito/ Since we can't mandate it. Atkins/ Wait a second, Larry. I got the language here. Council hereby instructs, should the city manager conclude the deviation from this instruction is required in order to execute council policies, the manager shall seek and obtain formal council approval. That is why we are talking about it. The city encourages other public bodies such as to consider compliance sensitive further development projects. That is schools, Johnson County, federal government, and the University. That is the policy. Kubby/ Could we send that resolution to those bodies highlighting their names? I mean encouragement. Atkins/ It can be done and I thought we did. I will check that. Nov/ You can check into that. Okay, thanks, Rick. We need to vote. Roll call- (yes). 6-0, Baker absent. This represents only a reasonably accurate transcription of the Iowa City council meeting of April 9, 1996, F04996 Agenda Iowa City City Council Regular Council Meeting April 9, 1996 Page 11 ITEM NO. 1t ITEM NO. 12 PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE PINE STREET PEDESTRIAN TUNNEL PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Comment: The Pine Street Pedestrian Tunnel Project is part of a larger project to construct a pedestrian link between the south end of Rundell Street and the north end of Pine Street. This component of the project will provide a tunnel under the Iowa Interstate Railroad at an estimated cost of $132,000. This project will be funded by Road Use Taxes. The tunnel is being bid at this time in hopes of favorable bids because of other tunnel projects being constructed locally this spdng..See memo from staff. a. PUBLIC HEARING Action: ~'~,~ ~-~ ~b~.~_~ CONSIDER A RESOLUTION APPROVING Action: CONSIDER AN ORDINANCE ESTABLISHING PASSENGER CONDUCT ON BUSES IN IOWA CITY BY ESTABLISHING CONDUCT GUIDELINES FOR PASSENGERS AND ESTABLISHING GUIDELINES FOR THE REMOVAL OF PASSENGERS. (FIRST CONSIDERATION) Comment: This action is being taken to establish conduct guidelines for passengers on Iowa City Transit. Recently, there have been instances where the actions of some passengers have infringed on the rights of others, This action is necessary to insure the safe and continued use of transit by passengers and to establish a safe work site for the Mass Transit Operators. Action: ~-~~//~~ #11 page ITEl4 NO. 11 PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE PINE STREET PEDESTRIAN TUNNEL PROJECT~ ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Nov/ The correspondence said go ahead with the p.h. and then delay the resolution or vote no and I am not sure exactly what he meant. So tell us what you want. Fosse/ Did you get the memo? Nov/ Yes, we got the memo. Fosse/ Okay, good. There is some issues that really need to be resolved and what we are finding out is there may not be some great financial advantages to bidding it now wh~le the contractor is in town. Recommend having the p.h. on the project but just deferring the bid date indefinitely. What is indefinitely? It is when we decide that it is a better time to bid it later when we have worked out the other issues. Nov/ Okay. If this is something that is brought back within the next month or two, that makes sense. If it comes in like next construction season, why hold the p.h. now? Woito/ Good question. Fosse/ The p.h. is set. I thought perhaps we should just follow through on it in case anybody was planning on being here. Lehman/ Rick, I think you also said in your memo something about topography or whatever out there. There may be problems other than the fact that we can't save any money? Fosse/ Right. Lehman/ Well, wouldn't those factors be germane to the p.h.? Fosse/ They will be and that will be part of the- Let me back up just a moment. The tunnel is just one part of the project. the bridge getting over Ralston Creek is another part and that is the part we need to work out some issues on and that is the p.h. that those people may have some acute interest in. Lehman/ And we are 'talking about just the tunnel here? This represents only e reasonably accurate transcription of the Iowa City council meetin~ of April 9, 1996. 1:04996 #11 page 2 Fosse/ Right. Nov/ Does somebody here who has an intention talking to us about the tunnel on Pine Street? Don't see anybody here. Can we then defer the p.h. along with- Woito/ You can continue it to- Nov/ Continue it indefinitely rather than just defer the p.h. and the resolution? Woito/ You will need a date for certain. Fosse/ Can we just hold it today and hold it again when we finally do the project and then there is not a continuation and mess around with the date? Woito/ You mean combine it with another project? Fosse/ In all likelihood, yes. Nov/ What is wrong with deferring a p.h.? You would have to have specific date? Okay. I will read it and we will open the p.h. and continue it to date indefinite. Is that what you want? Woito/ No, we just want to close it. Nov/ Open it and close it. Okay. I got my instructions. (Reads agenda comment) P.h is now open. P.h. is now closed. We need a motion to defer the resolution of approval. Moved by Norton, seconded by Lehman and we are going to defer it to a date indefinite. All those in favor please say aye- (ayes). Motion carries. Thisrepresents only areasonably accuratetranscription ofthelowa CitycouncilmsetingofApri19,1996. F04996 #12 page ITEMNO. 12 CONSIDERAN ORDINANCE ESTABLISHING PASSENGER CONDUCT ON BUSES IN IOWA CITY BY ESTABLISHING CONDUCT GUIDELINES FOR PASSENGERS AND ESTABLISHING GUIDELINES FOR THE REMOVAL OF PASSENGERS. (FIRST CONSIDERATION) Nov/ Moved by Vanderhoef, seconded by Norton. discussion. Kubby/ Well, I always have a problem in voting on an ordinance before people who it will affect are notified and have a chance to speak to us about it. I don't know if there was any notification on the buses about such an ordinance. Joe is shaking his head no. We talked- I know you are going to say this is a no braiher. Baker/ I am not going to say that at all. I am trying to figure out who is affected that is not here. Who and why aren't they here? Kubby/ Because people couldn't be here anyway because the buses have been down for 1 1/2 hours anyway. But this is just a principle. When we do things that affect the Homebuilders, we defer things until we get a chance to notify them and get feedback. We do that for developers. We do that for neighborhood groups. Why aren't we doing it for transit riders? Even though it is not legally necessary to hold a p.h. I just think it is good policy to do that for any- Nov/ I understand the policy and for the most part I agree with it. I just don't expect any transit riders to come here and tell us that they really want us not to have a law like this. They really want to be able to stand around and throw things and play the radio too loud. Kubby/ But it may help us know that there is a need to have a law to regulate this because someone could say why are you having another layer of law. Is there really a problem? Thornberry/ The Transit Director is here and perhaps he could enlighten us. Joe, could you tell us about it? Kubby/ It is a point about process, not about the specific content of the ordinance. I have no objection and I have heard no objection. But if transit riders don't know it is here, how can they respond? Baker/ A statement question. A statement because I ride the bus. I have seen some conduct like this. But my question is these This represents only a reasonably accurate transcription of the Iowa City council meeting of April 9. 1996. F04996 #12 page 2 rules, especially about the radio that can be heard by other people also applies to the drivers? Joe Fowler/ Yeah, they are all going to have to turn their radios down. Baker/ Because I have some real objection to some drivers that can hear in the back of the bus and their radios. Okay. Thornberry/ How do you kick the driver off? Nov/ We give him a firm warning and a paper trail before you kick him off. Lehman/ Tell us about it, Joe. Fowler/ This originally- The original idea came up at the request from drivers. They were having problems what some passengers and had no way to deal with them effectively other than to call the office. The office would call the Police Department. the Police Department would try to get an officer who wasn:t busy who could get to the bus before the person got off and then the only recourse was to have the person charged. This was our solution to being able to send a supervisor right away to the situation. Have the supervisor deal with the disorderly person rather than make the bus driver who is going to be in regular contact with them set up a confrontational situation. And it also gives us some leeway to talk to the person, to take a person off of the bus for that day. To take a person off for a short period of time or for an extended period of time. We had an incident last Friday where it was a three day build up between a passenger and a driver over some accusations that the passenger was making. It got to the point where the driver couldn't drive the bus and concentrate. He ended up stopping the bus. We sent a supervisor out, the person got off the bus before the supervisor got there but the supervisor picked the person up and talked to him, gave them a ride to their destination in a city van and told them they were off the bus until they had talked to the transit manager. Monday, the person called and said hey, ! will clean up my act and get off. I will behave myself. There will be no more confrontations between the driver and I. That is one example of how it works really well. Some other problems that we have had. We have had some people with cigarette lighters light passenger's clothing on fire that are sitting in a seat in front of them. The passengers don't want the police called because they are afraid of retribution and our hands are tied Thisrepresents only a reasonably accuratetranscription ofthelowa City councilmeetlng of April9,1996. F04996 #12 page 3 because if no charges are filed, we can't do anything. I have had calls from people who either quit riding or have gone to other buses because of loud inappropriate conversations on the bus. We have had situations where people have had too much to drink and become confrontational with other passengers who were just kind of minding their own business. And these are like a year's worth of things and they sound terrible but there but there is only like maybe 5-6 individuals in a year that are repeated problem for a period of time. And it is something we feel that would improve service to the entire community. It may negatively impact a very few number of people but they are making transit an unacceptable means of transportation for the majority. Norton/ Is this drafted or copied from other cities, Joe? Fowler/ Yes. Sarah from Legal worked on the original draft and the Anne got involved at the end and I believe Sara's original draft came from Des Moines and Dallas, Texas. And what I would propose it to take something like the library has, the conduct in the library, and before this was enforced. To print up a similar brochure, make it available on the bus right where the schedules are so if any passengers have any questions about it, they will be able to- It will be right there. Drivers will be able to take something and give it to a passenger and say look, these are the rules, you got to follow the rules. Nov/ But you will also be able to do that on one of the bus cards that are up above so that somebody would be more likely to see it? Fowler/ Yes, we could do it up there, too. Kubby/ It would be kind of hard to read, frankly. Nov/ Well, it would take more than one card. There is not question about it. You might have to summarize instead of- Kubby/ How about parody appropriate? Fowler/ It will be appropriate, information available upon request. Nov/ You could also say watch the noise level on the radio instead of reading the entire paragraph and putting it up on the card. You could put another card somewhere else that says something about another behavior. This represents only a reasonably accurate transcription of the Iowa City council meeting of April 9, 1996. F04996 #12 page 4 Norton/ It is surprising that public disturbance laws aren't sufficient. I find that very strange. Woito/ Well, by the time the police would get there the person would be gone and there is no one to charge the disorderly conduct with. It is too cumbersome. Norton/ Somebody still has to do that, make the charge don't they? Woito/ This is will be the supervisor. Kubby/ The driver can remove. Fowler/ The driver, under this scenario, the driver would have to call the office before removing and that is another safeguard. We have also had situations where there have been instances where drivers to a passenger, get off the bus without verifying with anybody that that action was appropriate. And there ]]ave been times when it has been inappropriate for the driver to do that. So it is a safeguard for both sides. Lehman/ Do it. Baker/ Just a question. If someone is asked to leave the bus before they reach their destination, do they get their money back? Woito/ No. Norton/ You get a ride home in the van is what they get. Woito/ No. Thornberry/ Maybe a ride home in the police car. Nov/ Okay. First consideration has been moved and seconded. Is there any further discussion. Roll call- (yes). I think we have enough discussion that anybody who has heard about this or read about this or something will be here on second consideration. Baker/ At midnight the next meeting. Nov/ Well, you never know. We may collapse something else and make it earlier the next meeting. This represents only e reasonably accurate transcription of the Iowa City council meeting of April 9, 1996. F04996 Agenda Iowa City City Council Regular Council Meeting April 9, 1996 Page 12 ITEM NO. 13 CONSIDER A RESOLUTION ~RESCINDING RESOLUTION NO, 92-75 ESTABLISHING THE NORTHGATE CORPORATE PARK URBAN RENEWAL PLAN, Comment: In July of 1992, the City Council adopted a resolution establishing the Northgate Corporate Park Urban Renewal Plan and an ordinance establishing a tax increment financing mechanism to.assist National Computer System (NCS) with the construction of a new facility. Since then, NCS has expanded its facility at its existing location and other development activity has taken place within the Northgate Corporate Park Urban Renewal Area. The proposed resolution would rescind the adoption of the Urban Renewal Plan. ITEM NO. 14 CONSIDER AN ORDINANCE REPEALING ORDINANCE NO. 92-3630 ESTABLISHING A TAX FINANCING INCREMENT MECHANISM FOR THE NORTHGATE CORPORATE PARK URBAN RENEWAL AREA. (FIRST CONSIDERATION) - Comment: The proposed ordinance would repeal the ordinance establishing the tax financing increment mechanism for the Northgate Corporate Park Urban Renewal Area, Act,on: ITEM NO. 15 CONSIDER AN ORDINANCE ADOPTING THE 1994 EDITION OF THE UNIFORM BUILDING CODE AS AMENDED. SAID ORDINANCE TO BE KNOWN AS THE IOWA CITY BUILDING CODE. (SECOND CONSIDERATION) Comment: The Board of Appeals has reviewed the 1994 Code, received input from the construction community, and recommended several amendments to accommodate local conditions and practices. Action: ~..~2/'~.. _g~c~ /'..~,-~,,-~.~ /~.~-/~C~ #15 page 1 ITEM NO. 15 CONSIDER AN ORDINANCE ADOPTING THE 1994 EDITION OF THE UNIFORM BUILDING CODE A8 AMENDED. SAID ORDINANCE KNOWN AS THE IOWA CITY BUILDING CODE. (SECOND CONSIDERATION) TO BE Nov/ Items #15, 16, 17, & 18 are all amendments to the Building Code. Does anybody feel like collapsing all of them? Lehman/ Yes. Woito/ Combining them, yes. Nov/ Let's combine and then let's collapse second and do third and let's get these things on the book and let's not discuss them, not print them again next time. Would that work? Kubby/ (Can't hear) still here? Nov/ All right. May we have the motion to combine the Building Code amendments 15, 16, 17, & 18 and I will read them all and we will make it one vote. Moved by Lehman and seconded by Norton. Motion- We are moving to combine them. All in favor say aye- (ayes). Okay. The items are combined. I am going to read through quickly. (Reads agenda: 15, 16, 17, & 18). All of these have been on the agenda for second consideration. May we have a motion to waive second and do third. Moved by Norton, seconded by Lehman that we waive second consideration for items 15-18. Roll call- (yes). Moved by Norton, seconded by Lehman that we do final adoption of these four ordinances. Roll call- Kubby/ I had one quick comment that last night it was suggested and council agreed that we send a letter to the Homebuilders to outline ways to adjust especially the Building Code but maybe the other ones to decrease housing costs without compromising safety or quality of building and so the mayor will be sending that letter out. Thornberry/ Another comment that I requested and received. City of Iowa City amendments to the UBC; City of Iowa City amendments to the National Electric Code; City of Iowa City amendments to the UPC and other ordinances passed the council, by the city council. I will be looking into this and these are just the differences between the national and the local. Norton/ State? Thisrepresents only a reasonably accurate transcription ofthelowa City council meeting of April9,1996. F04996 #15 page 2 Thornberry/ National. The national codes. So I will be looking at these and finding specific items through the Homebuilders and others of items that perhaps, not necessarily, but perhaps will cause the price of housing in Iowa City to be a greater than in perhaps some other area. Maybe not but at least I will find my comfort zone. Norton/ Very good. Nov/ And you may even find something that says that we could do it safer as well as save money. Thornberry/ That is correct, right. Nov/ You never know. Kubby/ Maybe the letter could stress not only things in the code in the way homes are constructed but also the process that the city goes through in making sure everything is okay in saying yes to permits. That they might have specific suggestions. If things can be done more quickly or more easily, time is money. Thornberry/ I am glad you said that. Kubby/ I mean, no one has ever disagreed with that. Thornberry/ Well, when you put on layers of bureaucratic-Is the press still here? No, he is not. I can't say that word anyway. Baker/ There are thousands of viewers out there. Thornberry/ Levels of hoops, for example. This is money, that is money. One of them we talked about earlier this evening which I think can be combined with another agency but we will talk about that later. Nov/ This is today. Before we close discussion, people have been talking about houses and homes. I would prefer that we send a letter on construction costs in more generic terms because commercial construction should apply also. Okay. Ready? Roll call- (yes). Okay. Baker/ Naomi, can I ask a question? You got a gentleman in the audience here and I am wondering if there is some big item that he is waiting for that maybe we can pull up? Nov/ That is not a bad thought. The gentleman in the yellow shirt This represents only a reasonably accurate transcription of the Iowa City council meeting of April 9, 1996. F04996 #15 page 3 here. Have you been waiting for a particular item? / You just went past it. Nov/ The building and that sort of thing? / Yes. Nov/ Okay. Thank you. Anything else, Larry? Baker/ No. Thisrepresents only areasonably accurate transcription ofthalowa City council meeting of April9, 1996. F04996 Agenda Iowa City City Council Regular Council Meeting April 9, 1996 Page 13 ITEM NO. 16 q6-JTZ5 CONSIDER AN ORDINANCE ADOPTING THE 1994 EDITION OF THE UNIFORM FIRE CODE, AS AMENDED. SAID CODE TO BE KNOWN AS THE IOWA CITY FIRE CODE. (SECOND CONSIDERATION) Comment: See comment for Item No. 15. Action: ~~ /--'~/ ~/-~ ITEM NO. 17 ITEM NO. t8 CONSIDER AN ORDINANCE ADOPTING THE t994 EDITION OF THE UNIFORM PLUMBING CODE, A~AMENDED. SAID CODE TO BE KNOWN AS THE IOWA CITY PLUMBING CODE. {SECOND CONSIDERATION) Comment: See comment for Item No. 15. Action: ~/~--~ /-c~/ .~r/_¥ CONSIDER AN ORDINANCE ADOPTING THE 1994 EDITION OF THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, AS AMENDED. SAID CODE TO BE KNOWN AS THE IOWA CITY DANGEROUS BUILDINGS CODE. (SECOND CONSIDERATION) Comment: See comment for Item No. 15. Action: ITEM NO. 19 CONSIDER A MOTION TO ACCEPT THE FORM OF TAX EXEMPTION CERTIFICATE PERTAINING TO THE $6,100,000 GENERAL OBLIGATION BONDS. Comment: This certificate is executed and delivered in connection with the issuance by the City of $6,100,000 General Obligation Bonds, This certificate sets out in detail a number of facts, promises and obligations which must be met and agreed to by the City in order to maintain these Bonds as tax exempt. Action: ~/ 7("~'z /'-~'~' Agenda Iowa City City Council Regular Council Meeting April 9, 1996 Page 14 ITEM NO. 20 CONSIDER A RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $$,t00,000 GENERAL OBLIGATION BONDS AND LEVYING A TAX TO PAY SAID BONDS. - Comment: This resolution provides final authorization for issuance of the t~6,100,000 General Obligation Bonds. Action: ~.J/~-~z-O~ ITEM NO. 21 CONSIDER A MOTION TO ACCEPT THE FORM OF TAX EXEMPTION CERTIFICATE PERTAINING TO THE $18,300,000 SEWER REVENUE BONDS. Comment: This certificate is executed and delivered in connection with the issuance by the City of $18,300,000 Sewer Revenue Bonds. This certificate sets out in detail a number of facts, promises and obligations which must be met and agreed to by the City in order to maintain these Bonds as tax exempt. Action: ~'~ "/~_¢~~J ITEM NO. 22 CONSIDER A RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SECURING THE PAYMENT OF $18,300,000 SEWER REVENUE BONDS OF THE CITY OF IOWA CITY, IOWA, UNDER THE PROVISIONS OF THE CITY CODE OF IOWA, AND PROVIDING FOR A METHOD OF PAYMENT OF SAID BONDS. Comment: $18,300,O00 Sewer Revenue Bonds. This resolution provides final authorization for issuance of the Agenda Iowa City City Council Regular Council Meeting April 9, 1996 Page 15 ITEM NO. 23 ITEM NO. 24 c/e- 90 ITEM NO. ~= c~6- 91 CONSIDER A MOTION TO APPROVE DISBURSEMENTS IN THE AMOUNT OF $6,742,448.77 FOR THE PERIOD OF FEBRUARY I THROUGH FEBRUARY 29, 1996, AS RECOMMENDED BY THE FINANCE DIRECTOR SUBJECT TO AUDIT. DISBURSEMENTS ARE PUBLISHED AND PERMANENTLY RETAINED IN THE CiTY CLERK'S OFFICE IN ACCORDANCE WITH STATE CODE. Action: CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND MWR TELECOM, INC. TO USE PUBLIC RIGHTS- OF-WAY FOR THE INSTALLATION, OPERATION, AND MAINTENANCE OF A FIBER OPTIC NETWORK. Comment: This license agreement will continue to allow the State of Iowa Communications Network to install fiber optics within Iowa City rights-of- way, as previously approved by the City Council in Resolution//91-264. This agreement substitutes another company now hired by the State of Iowa, namely MWR Telecom, Inc. The agreement continues to require Public Works' approval priori to any placement of fiber optics within City right-of-way. Action: C~?~ ~/~-;~,/~-~cc~ ~-~J ~/~ CONSIDER A RESOLUTION APPROVING, AUTHORIZING, AND DIRECTING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A PERMANENT SANITARY SEWER, STORM SEWER AND WATER MAIN EASEMENT AGREEMENT BETWEEN THE CITY OF IOWA CITY AND B & S PROPERTIES. Comment: This easement is for a portion of IDOT right-of-way which is not needed by the IDOT for Hwy. 1 or by the City for a frontage road. This easement is for existing utilities within the area to maintain access for maintenance. Act,on:/ i© #23 page 1 ITeM NO. 23 CONSIDER A MOTION TO APPROVE DISBURSEMENTS IN THE ~%MOUNT OF $6,742,448.77 FOR THE PERIOD OF FEBRUARY i THROUGH FEBRUARY 29t 1996, AS RECOMMENDED BY THE FINANCE DIRECTOR SUBJECT TO AUDIT. DISBURSEMENTS ARE PUBLISHED AND PERMANENTLY RETAINED IN THE CITY CLERK~S OFFICE IN ACCORDANCE WITH STATE CODE. Karr/ This is just a simple motion. Nov/ Okay. Moved by Lehman, seconded by Thornberry. Discussion. Kubby/ Why is this not on the Consent Calendar? Karr/ It was inadvertently moved from the Consent Calendar. It will be back. Nov/ It will be on the Consent Calendar another day. Very good. We can dispense with reading it. All in favor please say aye- (ayes). Motion carries. Thls represents only e reasonably accurate transcription of the Iowa City council meeting of April 9, 1996. F04996 #24 page ITSMNO. 24 CONSIDER A RESOLUPION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT B~TWEEN THE CITY OF IOWA CITYt IOWA AND MWR TELECOM, INC. TO USE PUBLIC RIGHTS-OF-WAY FOR THE INSTALLATION, OPERATION, AND MAINTENANCE OF A FIBER OPTIC NETWORK. Nov/ This is continuation of the state fiber-optics network and the only change is that they have hired a new contractor. Moved by Lehman, seconded by Vanderhoef. Discussion. Kubby/ My property in my neighborhood is one of the neighborhoods where this is going through and the only way I knew about it is that a city worker came by and marked my yard and the street and my neighbor's yard. And it would just be nice to have some kind of notification that especially with information that there is going to be boring versus trenching. Just so people don't get alarmed unnecessarily. Just having some information I think would be very helpful. Fosse/ I thought the work in your neighborhood is independent from this. That is going on by U.S. West and they operate within our r.o.w. and alleys by virtue of our franchise agreement. So there is not much opportunity for advance notice there. Kubby/ Well, in this case then, can we do some advance notice so people can be expecting. Fosse/ In this case, this facility will be attached to an overhead facility that is already in place. They will just be adding another wire overhead. We shouldn't see much digging. I will check on that. If we do any digging near. Kubby/ In the other case, why can't there be notification even if it is another-? Fosse/ It depends on the amount of staff you want to dedicate to it. We have a permitting process for those types of projects but currently- We issue permits everyday for work in the r.o.w. and there is no provisions right now for property owner notification. If you want to do that, we can look at that. Kubby/ It is just disturbing to have someone marking on your lawn and you have no idea what is going on. Fosse/ I think that one stirred up quite a number of folks, the one in your neighborhood. Thisrepresents only a reasonably accurate transcription ofthelowa City council meeting of April 9, 1996. F04996 #24 page 2 Kubby/ Blue is water, green is sewer. Nov/ Roll call- (yes). Thanks. This represents only areasonebly accuratetranscription ofthelowa City council meeting of April9,1996. F04996 Agenda Iowa City City Council Regular Council Meeting April 9, 1996 Page 16 ITEM NO. 26 ITEM NO. 27 CONSIDER A RESOLUTION APPROVING, AUTHORIZING, AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY OF IOWA CITY TO PROVIDE ENGINEERING CONSULTANT-SERVICES FOR THE IOWA RIVER PEDESTRIAN TRAIL FROM PARK ROAD TO TAFT SPEEDWAY. Comment: As part of the Water Facility Improvements, the City will be installing a raw water main from the existing water plant site to the new water plant. The route of the water main will be, in part, along the Iowa River from Park Road to Ten'ill Mill Park. This route will necessitate removal of the existing sidewalk and asphalt shoulder in order to accommodate construction. With the sidewalk and asphalt shoulder removed, an opportunity exists to install the portion of the Iowa River Pedestrian Trail between Park Road and Taft Speedway. The total cost of the pedestrian trail project is estimated at $350,000 of which $75,000 can be attributed to water main construction. Public Works recommends construing the Iowa River Trail between Park Road and Taft Speedway as part of the water main construction project to minimize future pedestrian trail construction costs. The consultant fees for this work is $49,000. Work under this agreement will be paid from Road Use Tax Revenues. ,c,,on: /- CONSIDER A RESOLUTION AUTHORIZING THE ACQUISITION OF PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FOR THE CONSTRUCTION OF SCOTT BOULEVARD TRUNK SEWER PROJECT. Comment: This project involves the construction of a sanitary trunk sewer to provide sewer service to a portion of the undeveloped southeast area of Iowa City and to provide the Vii!age Green area and BDI development area with gravity sewer thereby ellminating the need for the Village Green Lift Station, which is currently undersized, and the Heinz Lift Station. Property acquisition includes permanent and temporary easements to construct and maintain the trunk sewer. #26 page ITF.~ NO. 26 CONSIDER A RESOLUTION APPROVING, AUTHORIZING, AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY OF IOWA CITY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE IOWA RIVER PEDESTRIl%N Ti~IL FROM PARK ROAD TO TAFT SPEEDWAY. Nov/ Moved by Norton, seconded by Kubby. Discussion. Kubby/ There is a section in the consultant agreement about the preliminary design plans where it specified that the consultant in the city will do a walking tour. Will there be people from FIRST involved in that discussion as well? Schmadeke/ We can involve those folks, yes. Kubby/ I think it would be a good idea because there are the people who have really gotten us moving on these issues again after 20 years, after Dee got us moving a while back. Norton/ casey would Nov/ No reason why advisory group send someone. love driving up there. we shouldn't involve them and there is also for JCCOG and you might ask if they want to Schmadeke/ I think it would be good. Thornberry/ I understand the construction consultant fees for? Schmadeke/ For the design work. Thornberry/ $49,000 to follow a sidewalk? Schmadeke/ Well, it is to put in a trail, Dubuque Street, to extend the and- Nov/ Draw the blueprints. Thornberry/ $49,000? Norton/ That is a lot of burger- It is really. a large number. Thornberry/ Thank you. costs. What are the to put in box culvert at Kimball curbs along Road, It is surprisingly Thisrepresents only areasonably accurate transcription ofthelowa Citycouncil meeting of Aprilg, 1995. F04996 #26 page 2 Nov/ Any other discussion? Roll call- been adopted unanimously, (yes). Okay, Resolution has This represents only a reasonably accurate transcription of the Iowa City council meeting of April 9, 1996. F04996 #27 page ITEM NOo 27 CONSIDER A RESOLUTION AUTHORIZING THE ACQUISITION OF PERI~ENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FOR THE CONSTRUCTION OF SCOTT BOULEVARD TRUNK SEWER PROJECT. NOV/ Moved by Vanderhoef, seconded by Thornberry. Discussion. Norton/ Can you sell an old lift station? Nov/ I don't know. Norton/ Anybody want a used lift station? Nov/ Well, the Iowa League of Cities magazine advises other used kinds of equipment. Maybe somebody wants it. Council/ (All talking). Kubby/ Rick, will the route of this go along where the Strebs are currently tearing out all the trees along the creek? Fosse/ Chuck is a little more familiar with this one than I am. Kubby/ I asked the wrong guy. Schmadeke/ Yes, it will. It will be adjacent to the creek and I haven't been out there since he has removed the trees. Kubby/ It is devastating what has happened. If you go down Scott Blvd and look to the east, on the east side outside of the city limits, there is a creek that runs along there and the way that the trees have been removed is really shocking to me personally when I went out there to look because I got calls about it. People thinking it was within the city property that it may be a city project and I told them it was not in the city limits. That we did not have control over that and if people had concerns about whether the trees are being removed or not or the manner in which they were removed because they were just kind of shredded. You can just see how they were just kind of taken out. All of the, all the way up and down Scott Blvd. That they can talk to A1 or Mary Jo Streb about the manner in which they removed them and that the city is not doing it. You should go out and take a look. Norton/ Parallel to Scott Blvd.? Kubby/ Yeah, in a very long line. Thisrepresents only 8reasonebly accuratetranscription ofthelowa City council meeting of AprJig. 1996. F04996 #27 page 2 Nov/ Any other discussion? Roll call- (yes). This represents only a reasonably accurate transcription of the iowa City council meeting of April 9, 1996. F04996 Agenda Iowa City City Council Regular Council Meeting April 9, 1996 Page 17 ITEM NO, 28 ITEM NO. 29 CONSIDER A RESOLUTION AMENDING AGREEMENT BETWEEN TRINITY EPISCOPAL CHURCH AND CITY OF IOWA CITY, IOWA, FOR USE OF PUBLIC RIGHT-OF-WAY FOR PORTIONS OF GILBERT AND COLLEGE STREETS IN IOWA CITY, IOWA. Comment: This agreement is an extension and modification of a previous easement agreement with Tdnity Episcopal Chumh for the temporary use of public right-of-way for portions of Gilbert and College Street approved by Resolution No. 95-163. Renovations and construction of a new addition to its facilities was not completed as estimated, therefore a 60 day extension was requested for continued use of the right-of-way. Public Works recommends to approve a 60 day extension with modifications to the agreement limiting the right-of-way use to the closure of a portion of City sidewalk adjacent to their property along the north edge of College Street and the requirement for the protection and preservation of City trees withi~ the affected dght-of-w~y~as~' dictated by the City Forester. ~ .~.~:~.~, 7~/~.~'~ / ' · '7; - - /' 0/., , 'u // Action: ~/~h,~v~' 0,.,~}4~ ANNOUNCEMENT OF VACANCIES, a. Current vacancies. Histodc Preservation Commission - One at-large vacancy to fill a three-year term endin~ March 29, 1999. (Betty Kelly's term ends.) (3 females and 4 males currently serve on this commission.) This appointment will be made at the May 21, 1996, meeting of the City Council. ITEM NO, 30 CITY COUNCIL APPOINTMENTS, Consider an appointment to the Housing and Community Development Commission to fill an unexpired term ending September 1, 1998. (John Falb moved out of state.) (5 females and 3 males currently serve on the Commission.) #28 page 1 ITEM NO. 28 CONSIDER A RESOLUTION AMENDING AGREEMENT BETWEEN TRINITY EPISCOPAL CHURCH AND CITY OF I0WA CITYt IOWA, FOR USE OF PUBLIC RIGHT-OF-WAY FOR PORTIONS OF GILBERT AND COLLEGE STREETS IN IOWA CITYt IOWA. Nov/ This was approved in 1995. They haven't yet completed. Their construction and we are providing a 60 day extension of this. Also we have some concerns about the treatment of the trees and our forester has written them a good memo and they are to abide by his guidelines. Fosse/ At this time staff does not recommend approving this resolution and the reason for that is Terry did get to them outlining what needs to happen over a week ago and to date nothing really has happened yet. CHANGE TAPE TO REEL 96-51 SIDE 1 Kubby/ I know there is snow fencing, not even a drip line, but at least a little bit around the direct trunk of the tree that was up about a week ago and then there was a lot of equipment in there and now the fencing is back up although it is not very far around. Fosse/ What they have done is they have rearranged the fencing but they have done little to repair the root zone where a lot of the damage has occurred. Terry thinks there is a good chance we will lose the trees but if there is an opportunity to save it, we need to take action now before they start to bud out. Kubby/ They are pretty substantial. Fosse/ And it took us by surprise because going into this project those trees were so important to the church that they didn't even want to Terry doing the trimming on it. They wanted to have their own special pruners take care of those trees there. So there was some assumption on our part that they were going to take care of them. We were wrong. Nov/ They have been throwing construction materials and porta pottles and all kinds of stuff at trees. Norton/ That is weird. Kubby/ Can we use this as a lesson that when we allow this kind of use of the public r.o.w. that we automatically have a tree protection section? .Q This represents only a reasonably accurate transcription of the Iowa City council meeting of April 9. 1996. F04996 #28 page 2 Fosse/ Yes. I think it has been a good learning experience. Nov/ I did ask Terry to send that memo every time we give anybody any use of the r.o.w. Fosse/ I think Terry can develop some standard language to put in our agreements for use of public r.o.w for just how to protect the trees. It may be as simple as fencing off the drip line and having no activity occur within that. Woito/ Just put it in the agreement. I didn't know it was a problem before. Fosse/ Like I said, we didn't expect it to be because we knew how they felt about those trees. But it didn't materialize. Nov/ So we need a motion to deny the resolution. Woito/ For a motion or what? Fosse/ Well, at this point I think denial is what we are looking for. We get them out so we can get in and do the work. They will still want to preserve some parking spots there. They can do that by working with the Parking Division and heeding the meters. Kerr/ So just move it in the affirmative and vote in the negative. Nov/ Okay. Lehman/ Have we talked to these folks? Fosse/ About a week ago. Terry was out and Kim Johnson from our office and talked to them about the things that needed to be done. Lehman/ You know because we got this note from them asking us to let them have their easement until two days before we close Burlington Street. I mean, it sounds like at least they were talking. But they are not cooperating I take it? Fosse/ Not as far as the trees are concerned. We can work with them on those parking spaces right up until that detour occurs and that is no problem. Nov/ I made a point to drive by yesterday and they didn't seem to have moved anything that was in the way. Thisrepresents only areasonably accuratetranscription ofthelowe Citycouncil meetingof April9.1996. F04996 #28 page 3 Moved by Thornberry, seconded by Lehman. Roll call- (no). Karr/ Could we have a motion to accept that correspondence? Nov/ Moved by Kubby, seconded by Lehman that we accept correspondence. All in favor please say aye- (ayes). Okay. Correspondence is accepted. This represents only a reasonably accurate transcription ofthe Iowa City council meeting of April 9, 1996. F04996 Agenda Iowa City City Council Regular Council Meeting April 9, 1996 Page 18 ITEM NO. 31 CITY COUNCIL INFORMATION. ITEM NO. 32 REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY. a. City Manager. b. City Attorney, ITEM NO. 33 ADJOURNMENT. #31 page 1 ITEM NO. 31 CITY COUNCIL INFORMATION. Nov/ City Council Information. Mr. Norton. Norton/ Very briefly. I want to just get them in the record. I want to- I think we need to take some steps to move along on the fringe thing. We just can't- We haven't heard in their response to a letter of February 23 I believe was the date of your letter and I think it is crucial and it affected of one of the issues tonight, Woodlawn Ridge. Nov/ I did check that at one point when the council brought it up and read through the minutes when we had last discussed this and we had asked for some definitions and Karin Franklin is going to be working on those and I am hoping that she will get to us soon. Kubby/ Maybe we need to direct her to have them by a certain date. Nov/ I will ask her again. Norton/ Well, we are hung up now with it considerably. The other thing I think we need to take some steps to see what we can do about establishing or reestablishing a decent discourse with the school board. I don't know what context. I just want to get it in the hopper that we need to do something there. We got three hangups in our- and there can be more. So that is it. Kubby/ I have two things very quickly. They are both events. One is on Saturday, April 20. It is the fifth annual Ralston Creek Cleanup and people can come to the County Administration Building at 913 South Dubuque Street between 10:00 and 2:00 and help clean up the creek. There will be boots and garbage bags provided and the city will be picking up garbage to take to the landfill. So that is one of the ways the city is participating. We keep doing the same four blocks every year and we keep getting tons of trash out of the same four blocks. Amazing. Vanderhoef/ What time is that, Karen? Kubby/ From 10:00 AM to 2:00 PM and any time in there we can set people to work. It is a good family event, too. A lot of people bring their children and get them active in cleaning the creek up. The second event I wanted to call attention to is that same week, actually two weeks from today, April 23, Thisrepresents only areasonably accuratetranscription ofthelowa City council meeting of AprJig, 1996. F04996 #31 page 2 Randall Arendt is going to be in town. He is a person who wrote a book called Rural By Design and he is one of the nation's leading experts on developing subdivision that concern the rural character and the environmental character of the surrounding area while maximizing the number of house lots under current zoning and respecting the wishes and desires of both developers and neighborhood organizations. So it is a very nice resource to have someone like that coming to town and he is going to be talking in a bunch of different venues but for the general public it is 7:00 PM in Lecture Room 1 of Van Allen Hall which we will be here at that time on that night but the public can come. Norton/ We might be off by 7:00- Kubby/ It starts at 7:00 and it is on a council night, April 23. Lehman/ We don't start until 7:30. Kubby/ Well, you will have 15 minutes to hear his opening remarks and then- Norton/ Is there any other time available to talk? Kubby/ There is a round table discussion but that is a smaller group of people and the mayor will be going to that. But there is one other thing that is happening. A public forum from 11:00 Am to 12:30 PM in Room W151 of the Pappajohn Building. Nov/ And I think that is a large room. Kubby/ Yeah, the general public is invited to come to that and this is being co-sponsored by the Lecture Committee, EA. I am not sure who else. I know the Homebuilders were approached. I don't know if there are participating. They will be participating in discussions. Nov/ And Chamber of Commerce is one of the sponsors. Kubby/ Chamber of Commerce, Iowa City Planning and Community Development, graduate program in Urban Regional Planning, Residents for Responsible Land Use, Jonathan Jordahl is the contact person; the City of Coralville, the Lecture Committee and the University Geography Department. That is a very wide range. Norton/ I went around to get his book and it cost so much I Thisrepresents only araa$onably accuratetranscription oftheloweCIty council meeting of AprJig, 1996. F04996 #31 page 3 couldn't afford it. Kubby/ Jim Throgmorton has given us a synopsis of different chapters. You could ask him for copies of those electronically even. He has got the- Nov/ The pages that came with the invitation were very interesting and I think we would have excellent application in the fringe areas. Lehman/ Good morning. Thornberry/ Just one little thing. Steve, we got to get the recycling done on time. My recycling hasn't been picked up today. Arkins/ We had two trucks go down with break downs. We have no reserves. I talked to Floyd two days ago and told him to lease another truck at the very least to give us some back up. Thornberry/ It is not pretty. Okay. Arkins/ We hear you. Nov/ Same thing happened to me yesterday. The stuff got picked up today. Arkins/ We have been trying to squeeze it and we may have squeezed it too tight. Nov/ At one time Floyd was saying he thought there was an opportunity to purchase an extra truck as a backup. Is that still available? Arkins/ It is and I discouraged the purchase. I am just not comfortable to plunk down $70,000. So I said how about a lease purchase for a few months and he made those arrangements. The individual said that it would apply substantially, the lease payments against the purchase price. I am just more comfortable rather than the big outlay. Thornberry/ That is fine. It is just that it is not working very well. Arkins/ In fact it is working too well. Thornberry/ Not if it is not being picked up. This represents only a reasonably accurate transcription of the iowa City council meeting of April 9, 1996. F04996 #31 page 4 Arkins/ I understand what you are telling me. Nov/ The public is working just fine. The trucks are not doing well. Vanderhoef/ I am just going to take a bag. council/ (All talking). Nov/ I have one thing which is the kind of thing that is ordinarily in our info-packet. Somehow this thing was not in the info- packet. But we have an announcement that the State Historical Society of Iowa has awarded a grant to Iowa City for $9,000 to do a historical survey evaluation project. I just wanted the council to be aware of it. I will get it in the info-packet the next time. This represents only a reasonably accurate transcription of the iowa City council meeting of April 9, 1996. F04996 City of Iowa City MEMORANDUM DATE: TO: FROM: RE: April 5, 1996 City Council - City Manager Work Session Agendas and Meeting Schedule [April 8, 1996 '5:30 p.m. Special Council Meeting. Council Chambers Executive Session - Pending Litigation, Land Acquisition 6:30 p.m. City Council Work Session - Council Chambers TIMES ARE APPROXIMATE 6:30 p.m. 6:45 p.m. 7:15 p.m. 7:25 p.m. 7:55 p.m. 8:10 p.m. 8:20 p.m. 9:00 p.m. 9:30 p.m. 9:45 p.m. 9:55 p.m. Review Zoning Matters FY97 CDBG and HOME Funding Allocations Highway 965 Alignment Design Review Overlay Zone Conduct on City Buses Ordinance Scott Blvd. Trunk Sewer Redevelopment of Urban Renewal Parcel 64-1 {a) Local Option Sales Tax Scheduling of John Carver, Government Consultant Council Agenda, Council Time Consider Appointments to the Housing and Community Development Commission (1) IApril 9, 1996 7:30 p.m. Regular City Council IVleeting - Council Chambers · IApril 22, 1996 6:30 p.m. City Council Work Session - Council Chambers I April 23, 1996 7:30 p,m, Regular City Council Meeting - Council Chambers