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HomeMy WebLinkAbout1995-03-06 TranscriptionMarch 6, 1995 Council Work Session Page 1 March 6, 1995 Council Work Session 6:30 PM Council: Horow, Kubby, Lehman, Nov, Pigott, Throg. Staff: Atkins, Helling, Woito, Kerr, Davidson, Miklo, Brachtel, Shaffer. Tapes: 95-37, all; 95-38, Side 1. Review Zoninq ITEM NO. 5a. Matters 95-37 $1 Consider setting a public hearing for March 28, 1995, on an ordinance amending Title 14, Chapter 6, entitled "Zoning," of the City Code by revising Article L, entitled "Provisional Uses and Special Exceptions,,, Section 1M, entitled "Neighborhood Centers," to repeal the access requirement for neighborhood centers. Miklo/ This was recommended for approval by both P/Z and staff. Horow/ Any issues that we should know about? Miklo/ Didn't seem to be controversial at P/Z. The city is funding a neighborhood center on Roberts Road... west side .... local street ..... provide services to the community residents .... We didn't see the need for arterial street access in a situation like that... everyone will be within walking distance .... We are anticipating a fairly small volume of traffic... will be reviewed by Board of Adjustment .... address at Board level. XTEMNOo 5b. Public hearing on an ordinance amending the Conditional Zoning Agreement for 1069 Highway 1 (Westport Plaza) to allow an additional freestanding pylon sign. (REZ95-0002) Miklo/ This was recommended against by both P/Z Commission and staff ..... allow the addition of one free standing sign in Westport Plaza ..... (refers to map) There are additional signage on the building ..... There are also other areas where they could also put signage ..... Nov/ They are allowed 15% in each facade. Miklo/ Right .... The CZA has not been returned from Florida .... do anticipate that it may be returned by tomorrow ..... Thisrepresents only areasonobly accurate ~anscrlption ofthelowa Citycouncil meeting of March 6,1995. WS030695 March 6, 1995 council Work Session Page 2 NO. 5c. Public hearing on an ordinance conditionally amending the use regulations of approximately 13.09 acres located at 655 Meadow Street from P~4-12, Low Density Multi-Family Residential, and RS-5, Low Density Single-Family Residential, to RS-8, Medium Density Single-Family Residential. (REZ94-0020) Miklo/ Several question came up at the last meeting...additional information to report to you. I did speak to the Fire Marshall about access to this general area and Bill said you provide emergency vehicle access from Dover Street to the south and Meadow Street to the north. He is concerned...in an ice storm portions of Dover Street would be impassable .... There is the alternative of coming from Meadow Street. There is an embargo on the bridge .... they would send a truck over it. Kubby/ When that bridge is replaced, that embargo would be lifted Jeff Davidson/ (Refers to map). That is the one we are replacing. (Hand held mic problems). Horow/ It still can be accessed... Miklo/ The Fire marshall, in terms of this development...prefers two ways in and out... so he would see that as a negative with this particular development. However, he also indicated that it is better to have a lower zoning in a situation like that than the current P~~12 zone. A question also came up about the grade on Dover Street...grade in that area, if you take the entire section of Perry Court around the curve, is approximately 9.6%. The area where the new street entrance would be built is at 8.1%. Pigott/ Can you point out where that new street is .... Miklo/ The new street would enter in this vicinity. (Refers to map). Pigott/ Miklo/ (Refers to map). Horow/ Is that the same degree as Weebet Street? Miklo/ Just for comparison, our subdivision standards for arterial Thisrepresents only areasonably accurate transcription ofthelowa City council meeting of March 6,1995. WS030695 March 6, 1995 Council Work Session Page 3 street is a maximum of 9%, collector 10% and local 12% ..... Kubby/ When you said Perry is 9.6%- Miklo/ (Refers to map). That entire distance is 9o6%...new street... 8.1% Kubby/ Guidelines used for secondary access, you would look at where the new street enters- Miklo/ For secondary access we would actually look at the grade on the new street which would be from this point west, which is 4% .... Jeff Davidson may be able to address that a little more. He will have information about traffic counts .... Also requested that we speak to the developer about limiting the number of units. Currently the CZA will limit that to 72 and he says he would not enter into an agreement limiting it below that. You had also asked the developer to approach George Gay about potential access across the funeral home property. And I believe he is doing that and we will check with the Gays ourselves to see if there is any movement in that area. Pigott/ Will he know something tomorrow? Miklo/ We should .... Horow/ That would have to come down the total length .... Throg/ Road there in that southwest corner anyway .... Horow/ It would have to be extended farther south .... Kubby/ Do you know what the distance is between Muscatine Avenue and the southern part of the tract? Miklo/ ...I can find that out between now and tomorrow night .... 200 feet .... Horow/ Kubby/ How much paving would there be? .... How much of a burden that Horow~ So between Muscatlne and the southern portion of that property there is approximately- Miklo/ ...I can look at the map and give you an answer. Another Thisrepresents only aragonably accurate ~anscrlptlon ofthelowa Citycouncil meeting of March 6,1995, W$030695 March 6, 1995 . council Work Session Page 4 question... stronger language regarding the trail .... he agreed to amend the CZA ..... Agreement has been amended to say the developer will participate and pay up to $5,000 for the trail... estimate of the trail .... total of $7,000. It may be less than that .... Nov/ Can you do something there to accommodate Mr. P~hodes concern that the trail be described as hard surface... Miklo/ At the time of the plat we would put those specifics in. Woito/ Sarah (Holecek) said the language "to the city's satisfaction" was put in there .... Miklo/ Right, to the city's satisfaction .... Woito/ That is what we talked about last week. Kubby/ Miklo/ You also asked about traffic counts and accidents counts in the area .... Jeff Davidson .... Woito/ And Mr. Brachtel is here for the accident history ..... Talked quite a bit about...secondary access question and the traffic counts .... here they are if they have questions .... Jim Brachtel/ ...five year accident experience that we have had there .... pin maps...based on accident reports we received from participants in accidents... no intersection accidents between Muscatine and friendship. We did find a couple of gridlock locations .... (refers to overhead projection) .... Weren't able to research the accident reports themselves .... accident that occurred on Perry Court was likely weather related .... two occurred down by Moose Club...weather related also .... So during five year period there would have been six reported accidents .... in all likelihood three of those would have been weather related. Kubby/ If someone calls in because their car hit a parked car, would that show up on here? Brachtel/ No. Kubby/ How do we find out about that kind of stuff? Brachtel/ We don't unless they file an accident report .... if they Thisrepresents only ereasonebly accurate transcription oftha Iowa City council meeting of March6, 1995. WS030695 March 6, 1995 . Council Work Session Page 5 have filed an accident report with the city, that would be on here, yes. Kubby/ Linda, do we have the legal ability to say we want fewer units because of the secondary access issue...? Woito/ If you have a rational reason for asking for that grounded in some engineering or planning or land use factor. Horow/ Do we feel that...? Woito/ Clearly staff doesn't. That is why I want you to hear what my potential witnesses are going to say on the witness stand Throg/ ..... The 1,000 cars per day guideline .... current traffic counts .... 700 vehicles per day. So we could... we wouldn't want to exceed 1,000 ...... that is somewhere around 40 units. There is a rationale there ..... Davidson/ I can produce a traffic engineering journal that will 1 ~how you up to 2,500 as being an acceptable street standard ~i~ It is a design guideline .... just we use that as a n guideline .... Throg/ As a guideline we are suppose to take into account the unique topography .... It is safety .... clearly an issue here with regard to this particular street ..... Davidson/ In doing out assessment of the secondary access situation, we looked at physical features .... anything that could disrupt or create a higher probability of there being a problem with emergency vehicle access. Horow/ .... This would bode well for a downzoning...rather than leaving it at the current zoning .... Kubby/ With this particular rezoning...72 units .... We could either fezone it without the CZA and get that number through our platting process ..... because of lack of secondary access ..... If there was that basis and we didn't want 72, we should say no to the CZA ..... Woito/ I am saying that it needs to be articulated in terms of what you are thinking and what you deem as safe. It is a legislative decision to be made as to the safety ..... Thisrepresents only areasanably accuratetranscription ofthelowa City coun~lmeetlng of March 6,1995. WS030695 March 6, 1995 Council Work Session Page 6 Horow/ When we go to this point...this has to be equally applied, our guidelines, throughout the whole city ..... Woito/ Obviously strive for some consistency...each plat...case by case basis... Kubby/ Horow/ If we go above those guidelines is that considered .... taking ..... Woito/ No. Horow/ How would we be able to decrease the number of units in a given zone justified by increased standards interpretation of a guideline? Woito/ Jim probably articulated as simply as you could come up with .... assume that you want to stick fairly rigidly to the 1,000 trip addition, limit, threshold for a local street and say you are not going to go beyond it. The problem is going to be is we looked around in that neighborhood and you have already got existing areas that go well beyond that. Davidson/ Our calculations on the number of trips is based on a projection .... There are other areas in this very neighborhood .... that have a higher number of lots ...... Kubby/ So what is a maximum daily trip capacity currently on a local street in that neighborhood? Davidson/ Capacity... is much much higher. Kubby/ Actual count .... Davidson/ In the range of 690-700 and something on the Dover Meadow area which Jim mentioned earlier. Woito/ So if you apply the numbers straight across the board it would mean if you had 600 and you would take whatever number of trips and divide it by the units to get how many units you could get and you could build... that is almost a cookbook approach to planning which I think you need to bring some judgement to bear on in terms of whether you truly deem it safe or unsafe. Kubby/ So, at what point does the guideline have no function...? Thisrepresents only areesonably accurete ~anscrlptlon ofthelowa Cid council meeting of March 6,1996. WS03069§ March 6, 1995 o Council Work Session Page 7 Woito/ We toss this around... what do you think would be dangerous .... 3,000 trips would be dangerous... move from that point down to where we are now. Nov/ You are still talking about guesstimates. Wolto/ It is a matter of judgement. Nov/ If you average seven trips a day...days when there are ten trips a day .... cannot predict this kind of thing. Pigott/ Lehman/ What is the difference in number of units in the present zoning from what they are asking for? Kubby/ 117 or something. Davidson/ Miklo/ Roughly RM-12 area can accommodate 150 units, RS-5 area probably no more than 6. Throg/ A downzoning of almost 70 units ..... Miklo/ Under the concept plan that we have seen .... is 72 units... RS-8 would actually allow somewhat more than that. Woito/ So even if you defeat the zoning, he can still come back with a subdivision and you will be faced with the very same problem. Lehman/ The present RM-12 allows how many? Pigott/ 150- Horow/ Kubby/ So Lehman/ I development that has fewer units. it is even lower than the zoning allows .... don't quite understand what the big huge cry is .... a Kubby/ Problem is if Dover Street were a pretty straight street Lehman/ Qption is 156 units as opposed to how many...? Thisrepresents only aressonablyeccuratetr~scrlption oftbelows Ci~ council me~tngof March 6,1995. WS030695 March'6, 1995 . Council Work Session Page 8 Kubby/ With that many units we would require secondary access. We have the power to limit the number of units. Davidson/ Regardless of the zoning, our concerns about secondary access will be the same .... Throg/ Even if it remained at its current zoning... staff would reco~u~end 72 units .... Davidson/ Woito/ For subdivision plat with the old zoning and the same configuration and you would have the same problem .... Throg/ Sounds to me issue is more one of proper zoning of the land rather than it is the number of vehicles ..... If we are going to be thinking in terms of secondary access .... Horow/ What you are saying is platting is going to be more important .... platting is how you look at where the number of units .... Kubby/ ...the vote has a CZA that includes the number of units ..... I guess the issue...hoping we could get down...50 .... or 60 instead of 72 to try to balance ..... the safety along that street ..... Pigott/ If you drove down there tonight...slipperyo.. a problem .... Horow/ At what point developer .... I changed ..... does this become counter-productive to the would rather have the underlying zoning Kubby/ Can we vote for the zoning change without the CZA and refuse to sign the CZA .... because then we have the underlying zoning and we can continue to discuss this for the plat on a number lower than 72...? Lehman/ Woito/ Lehman/ Horow/ What is the lowest that we have heard that the developer will-? Thisrepresents only aressonably accuratatranscriptlon ofthelowa City council meeting of March6,1995. WS030695 March 6, 1995 council Work Session Page 9 Miklo/ He said if this rezoning isn't approved he would submit the plat, perhaps slightly different configuration ..... (refers to map) .... He has indicated to staff that he would submit approximately the same proposal if the zoning is not approved. Pigott/ Miklo/ In terms of our plat we do have secondary access...to the north or access to the south .... We would consider in terms of our guidelines, we would have no more than 504 vehicle trips per day. That meets our ~econdary access policy. Woito/ That is where I am confused. that comes out and hits Meadow. threshold. The point at which-The street That is your secondary access Davidson/ That is the point in which we measure secondary access .... at that point there are two means of access .... Woito/ And we all right at the threshold of 504? Davidson/ What we have is a guideline, not a policy .... arbitrarily used the midpoint number of our design guideline .... the design guideline, that is law .... this secondary access guideline is just that, a guideline .... Horow/ Where else have we exceeded... this guideline .... ? Davidson/ .... First and Rochester area .... Woito/ Village Green. Miklo/ (Refers to map) ..... Davidson/ ...traffic volume on the existing streets is one of the concerns as well .... point at which the traffic would come out of the subdivision onto the existing streets, we have estimated 504 vehicles a day ..... at that point we don't control which direction that traffic turns .... Kubby/ How we arrived at 72 was using that cookbook formula .... Horow/ Woito/ I was getting lost in our discussion between secondary access and the 1,000- Thisrepresents only areasonably accurate transcription ofthelowa City council meeting of March 6, 1995. WS030695 March 6, 1995 Council Work Session Page 10 Davidson/ I think there are the two issues... Horow/ Issue right now 'is the rezoning .... Are there any other questions for staff...? ITEM NO. 5d. Consider an ordinance conditionally amending the use regulations of approximately 13.09 acres located at 655 Meadow Street from RM-12, Low Density Multi-Family Residential, and RS-5, Low Density Single-Family Residential, to RS-8, Medium Density Single-Family Residential. (REZ94-0020) (First consideration) Miklo/ The legal papers are in the City Attorney's office~... ITEM NO. 5e. Consider a resolution approving the final plat of D&L Subdivision, a 6.41 acre, four lot colmuer¢ial subdivision located on the south side of Highway 1 West, west of Sunset Street. Miklo/ Excuse me .... , would be the first consideration .... Horow/ So, legal papers are here. That's it. Thank you very much. Thisrepresents only ereasonahly accuratetranscription ofthelowa City council meeting of March6,1995. WS030695 March 6, 1995 Council Work Session Page 11 Telecommunications: leqislative Issues 95-37 Sl Helling/ Drew is here. Purpose of what we are doing is just try to give you an update before we go to Washington on what the current issues right now are regarding telecommunications legislation. We have provided you with an outline that includes both some historical information and focusing on the issues... The historical part of it...answering your questions .... don't want to spend any more time on this than you need .... maker you as comfortable we as possible... talking to legislators about this. Just very briefly .... background°.. when we franchised first in the late 70's it was pretty wide open... Cable Act 1984 which is primarily cable companies legislation .... deregulate rates ..... and it also created a lot of criteria for franchising and franchise renewals .....established a limit of 5% as a local franchise fee .... the '92 Act tried to re-regulate... legislate the authority and turned it over to FCC to create the rules and regulations and so what we have now is something as bad or worse .... The '94 Act did leave in place a lot of what was in the '84 Act .... the '92 Act I mean .... including the franchise fees... Congress has been trying to expand to pretty much a whole new ball game .... Trying to let the telecommunications industry to expand to include cable companies, telecos, wireless whatever .... open the market to competition ..... discovered .... what goes with the '92 and '84 act really isn't appropriate anymore .... seeing is an attempt to really kind of come up with a whole new ball game in telecommunications ..... last year there was legislation that failed at the last minute ..... wasn't happy with way cable companies and telephone companies were responding .... it didn't go through House and Senate ..... whole new ball game .... consistent through... from very beginning... franchise fee .... Drew will talk about .... Drew Shaffer/ I will just concentrate on issues that I see coming up in legislation .... Basically what we are seeing .... they are talking about essentially allowing telecommunications industry... into public r.o.w. without any franchising, licensing .... permitting and everything that may go along with that .... one of the things that we wanted to point out .... stress importance of city government maintaining and managing the public roo.w ..... Along with that the local government right to receive some kind of compensation from private profit making use of that public r.o.w ..... In terms of the franchising .... kind of chipped away at .... this bill is essentially would attempt to gut that whole capability .... The cities feel ..... should play a role in determining what the Thisrepresents only areasonably accumte transcription ofthelowa City council meeting of March 6, 1995. WS030695 Hatch 6, 1995 Council Work Session Page 12 needs of the locality are ..... in terms of gaining access .... in way of what it is they are capable of carrying .... examples .... access channels ..... There is going to be basically telephone 'companies and cable companies carrying audio... voice... video... all in your home... wire .... All the legislation we have seen coming through... is turning over... to FCC ..... We are trying to stress the point that we think localities should have something-to say in dealing with these telecommunication companies .... like local ability .... use of carrier service for critical information .... public institutions... Finally we are hoping that one of the messages...they create a level playing field .... FCC is in ernest attempting...phone industry to provide video .... We sent a letter... telephone companies should be treated like the cable companies if they are going to be allowed .... Kubby/ ...has it gone as far as no franchising process, period. Shaffer/ That has been discussed, yes .... Kubby/ Throg/ Horow/ Unfunded mandate .... Shaffer/ ...they simply override what it is we have in place .... potential... threat to erosion of rights of local government to control public r.o.w. and manage public r.o.w ...... Horow/ My question... Linda... Woito/ 9th and 10th amendment issues .... Horow/ Utilities law... Woito/ It is really an intrusion in the state's rights .... Lehman/ Nov/ Telephone companies do not pay fees to date. Horow/ In some cities they do .... CHANGE TAPE TO REEL 95-37 SIDE 2 Shaffer/ .... out of the information business ..... Thisrepresents only a reasonably accuratetranscription of the Iowa Citycouncil meeting of March 6,1995. WS030695 March 6, 1995 . Council Work Session Page 13 Nov/ ...I came to a conclusion that this kind of video dial tone and emerging video television telephone is probably not going to happen... Is it~likely to happen in Iowa...? Shaffer/ It is already happening... Cedar Rapids... Des Moines .... U.S. West has an experimental license .... wherever they think there is a potential place .... Iowa City is a profitable market ..... How dissatisfied is the cable customers .... Helling/ .... Now the telephone companies are equipped to do that .... It is a whole new deal. Horow/ Is the city still capable of doing something like this...? Helling/ We would have had to ...build our own system ..... Now, to do that .... competing with cable company and also with the phone company .... Throg/ Horow/ citizens have to know that ..... Nov/ More concerned about the regulation of phone rates .... Shaffer/ Issues .... cross subsidization .... hotly contested issue right now in Congress... difficult to track the finances of corporations .... but the phone industry is so much larger .... Nov/ In Iowa there must be several dozen little phone companies ..... What happens there? Shaffer/ Many of the smaller phone companies have been given permission to provide cable programming to the smaller communities. Lehman/ From consumer standpoint, what would happen...? Shaffer/ Personal feeling you are going to see the rates go Upo.. when the rates were deregulated .... rates just started to grow substantially .... Throg/ Counter argument... two competitors .... competing with one another .... consumer would benefit .... Lehman/ .... Thisrepresents only areasonably eccumte transcription ofthelowa City council meeting of March 6, 1995. WS030695 March.6, 1995 Council Work Session Page 14 Pigott/ Services you might get from your phone company might get more expanded ..... more for your money .... Lehman/ Shaffer/ Aside from the issue of rates .... access channels...cannot tell you how many people watch some of the programming... what .is being proposed... would not have the possibly to have those channels to do that kind of programming locally. Pigott/ Are there any good guys .... advocates that we should be sending letters to as well? Shaffer/ Senator Hutchinson from Texas .... is a Senator that has stood up and fought for city right .... she can use other people there supporting her. H6row/ Could you get me a~set of the letters that we have sent say over the past six months... set for each of us so that we have these .... been involved in this...? Kubby/ ..... we want to be able to have control over our r.o.w .... want franchise process .... want franchise fees for anyone providing same kind of service .... Horow/ Subset is fact that our population does use the access channels .... Lehman/ It can probably be shown... going to 10se public access channels... consumer is going to have to pay more .... Horow/'Let me alsogive you a copy of the Senior Center T. V. Media Award so that you will have those .... Throg/ If the franchise fee goes away because of whatever legislation .... we would not have the power to adopt a tax on services provided by those companies. Woito/ You're right. We would not have the authority to impose a tax .... question... whether we would have a right to charge a fee for use of r.o.w. which I think we could .... Lehman/ ...consumers, they are the losers .... bottom line is they will get less service for more money. Woito/ It would be an interesting battle to say pay our r.o.w. fee or else get out of our r.o.w. Thls represents only a reasonably accurate transcription of the Iowa City council meeting of March 6, 1995. WS030695 March'-6, 1995 council Work Session Page 15 Horow/ I would like to know the legal aspect of that .... could cable people come in through .... could telecos come into our r.o.w. based on the current no franchise that the telephone companies have right now. Woito/ Yes .... and U.S. West one is 1892- Lehman/ ..... small antennas .... won't need a wire coming into your house .... Shaffer/ ...One of the things we have seen in the media industry... biggest players swallow up the smaller players ..... Satellite players .... larger entities eating them up .... paying for what · you get .... put money down to buy it...pay for service on a monthly basis .... Nov/ Shaffer/ They don't carry the local channels... can't do anything interactive. Lehman/ ...matter of economics .... way we have it is the best of everything. Horow/ Need our local media, non television, to get the citizens in Iowa City to write to their state representatives, national representatives. Any other questions? Helling/ Always t~lking about tooting your horn. This is one where you can to the legislators. We have spent every dime that has come in from the franchise fee revenue over the last 16 years to put it back into the system ..... do anything in access .... Important for them to understand that you are coming to them as somebody who has dedicated that money to this purpose .... That is important... Kubby/ Nice to have some solid numbers on how many households tune in to ..... Atkins/ We could survey. Shaffer/ Yeah, we could survey. Horow/ What I would ask is to review our annual budget -franchise brings in each year .... past three years, been the annual franchise? that the what has Thls represents only a reasonably accurate transcription of the Iowa City council meeting of March 6, 1995. WS030695 March 6, 1995 Council Work Session Page 16 Helling/ $275,000 average over three years .... Throg/ I guess I would like to know whether we have the ability to adopt a fee for the use of r.o.w ..... Woito/ I think so. Arkins/ As long as it is a fee and not a tax .... Woito/ ...enforce it .... Nov/ Put it on the bills... Atkins/ Can we tax the assets in the public r.o.w.? Woito/ No. Atkins/ They have an asses, a capital asset... Woito/ In terms of Dan Hudson, yes. But for those of you that have been around long enough when I fought Heritage Cable Vision .... The Iowa Supreme Court eventually went to a replacement cost new depreciated method of assessment ...gets down to equipment .... get down to very little value .... They are paying a modicum of taxes in term sigh equipment... Atkins/ ...actual value of the asset if the r.o.w that it sits in. Woito/ Correct.'.. did do a major upgrade and increased their value somewhat in the last couple of years. Atkins/ Did stocks of those companies go up...? Woito/ You bet your bottom dollar that they did .... Atkins/ ..... value of my stock is going up .... Lehman/ Companies were sold and resold .... Atkins/ Argument of the need to raise rates is dramatically reduced when you can say the value of your stock has increased steadily during that period of time .... creating capital for yourself. Rat.e is only one factor .... Lehman/ Arkins/ Point is is that rates were regulated and the value of the This represents only a reasonably accurate transcription of the Iowa City council meeting of March 6, 1995. WS030695- March 6, 1995 Council Work session Page 17 companies went up.' Lehman/ Based on earnings. Arkins/ Helling/ They were growing here in terms of penetration rate .... Atkins/ ...... Throg/ Curious about a worse case scenario... disappears the franchise prQcess .... wbuld there be anyway by which we could insure that PATV... and Channel 4 were still somehow made available .... Shaffer/ We would have to lease the channel space .... Woito/ We would have to negotiate it .... Shaffer/ .... five channels... $500,000 right there... doesn't include... labor, hardware .... chunk of money if that is the worse case scenario .... Horow/ That question should be raised for our Congressman .... If there are any other tidbits...put them on a memoo..Wednesday is the deadline .... Kubby/ Do you know, Steve, if we did get an appointment with Grassley...? Atkins/ I will check. Helling/.Question about franchise fee .... $275,000... also funding fo~ PATV... average is $140,000 a year .... that is what we are talking about in terms of current revenue .... Atkins/ $415- Horow/ Nov/ Some of us who remembeP when cable t.v. was locally owned .... Horow/ ..... This represents only a reasonably accurate t~enscrlptlon of the Iowa City council meeting of March 6, 1995. WS030695 March 6, 1995 Council Work Session Page 18 Appointments 95-37 S2 Horow/ Consider appointments to the Board of Library Trustees .... got one vacancy and we have five applicants .... Pigott/ I would like to nominate Jim Swaim. Horow/ Second that. It has been nominated and seconded .... Lehman/ Kubby/ I know that Mark has applied before... Horow/ Lehman/ Very active guy ..... Kubby/ Throg/ I would like to say something about Ron Wright .... Very interesting conversation with him .... thinking is very good here with regard to library expansion .... Arkins/ Is there any problem ...Jim is a contractor with the city...? Horow/...I don't think so. Woito/ They really don't overlap, do they? Atk~ns/ No ..... Horow/ Okay, there is four for Jim here. Next on is for Board of Appeals. There is one vacancy and one applicant. Kubby/ .... I am nominating him. Throg/ I will second. Kubby/ I thought I had three women who were going to apply and none of them are here .... Horow/ Next on is the Housing Commission .... Nov/ I really would like us to not put anybody else on this Board. I think if we are planning to merge these two, let's just merge them ..... Thisrepresents only areasonably accurate ~anscrlptlon ofthelowa City council meeting of March 6,1995. WS030695 March 6, 1995 council Work Session Page 19 Kubby/ ...I would hope that we would not reappoint Jack McMahon even though he is someone I really want .... I got his attendance record today. In 1993 he missed 9 out of 13. In '94 he missed 8 out of 13. Lehman/ I agree with Naomi. If we are going to do this .... simpler for us not to appoint anybody. Pigott/ You would prefer not to appoint anyone for these three vacancies? Nov/ I tried to talk to Marianne today... I will try tomorrow° Karr/ Marianne Milkman did phone me Friday and did wish a message if this matter came up .... Fact that there was still work to be done on combining the by-laws and creating a new board or commission that would require a number of meetings to finalize those type of details and she just wanted to note that because she did not deal with that in her memo. Horow/ But this is May 1. Would this be assumed to be accomplished by May 17 Karr/ I believe her intent in the memo, as outlined, was to be given the six months and at the end of that period of time that attrition would have taken place and the Board would have come down to the 11 members she was requesting and that would given everyone ample opportunity to do the by-laws. Kubby/ In the memo .... it does say no new appointments after March 7 .... do these but don't do anymore. Nov/ Karr/ Throg/ .... defer it... Kubby/ We did have another applicant, David Purdy. I talked to him this afternoon and said if you were appointed... committees would be merged. He said...he didn't know that .... and it was okay with him if he only served a short term ..... Horow/ Are there four people who would be willing to defer this..? Okay, great. Let's do that. P/Z. We have two vacancies, two applicants .... So we have Ann Bovbjerg and Lea Supple. Thisreprasents only areason~ly accuratetranscription ofthelowa City council meeting of March 6,1995. WS030695 March 6, 1995 Council Work Session Page 20 Kubby/ ...we are going to have more women on. Horow/ I know, great. Gender balance .... Throg/ I am a little concerned that this is such an important commission and yet we only have two applicants for two vacancies and I understand it is a five year term .... big burden .... I would like us to consider extending the time for obtaining applicants. Horow/ Well, you have one person who already understands the- Throg/ Ann is wonderful and I would fully support her. Lehman/ I think you have a good point. Kubby/ The other concern I guess I have is just the position that we put a realtor in on this particular commission. Horow/ Oh no. I sat with Jackie Blank and I learned a great deal from her ...... recognize the breath of knowledge and the hope that she brought to the discussions. I would disagree with you on that... Kubby/ Well, I do have that concern. Pigott/ Has there been a conflict of interest problem with any past realtor that has set on P/Z...? Kubby/ If Tom Scott and D~ck Gibson can be on there without a conflict. Horow/ Jackie did not have a conflict. If they did they recognized it. Kubby/ If they had an interest in a specific development they would Horow/ Are there four people who wish to prolong this? Throg/ I would like to. Kubby/ I wouldn't mind deferring this one either, too. Nov/ I was ready to appoint those two women. Horow/ I am, too. Thlsrepresents~nly a reasonably accurate transcription of theIowa CI~ council meeting of March 6,1995. WS030695 March 6, Lehman/ tough interested- Pigott/ I don't commission. 1995 Council Work Session Page 21 I was, too, but I think Jim has a good point. That is one be commission and if we have other folks who might mind especially since this is such a big Lehman/ I have no problem with two applying, don't get me wrong. Nov/ I would like to see Ann Bovbjerg on there .... continuity is a good idea. Pigott/ You know what interested me is the number of people who applied for the Library Board. Nov/ Well, it is a lot less work. Kubby/ This next year it is not going to be. Nov/ Well, it generally is. Pigott/ The point is, too, that this is so important .... Nov/ P/Z Commission regularly meets four times a month. Throg/ Is there any way we could be more aggressive in publicizing these two vacancies on the P/Z Commission...? Horow/ I think those of us who are interested in it, we also- Pigott/ Association neighborhood newsletters. Kubby/ I know that CCN announces vacancies every month and they each carry around applications. Horow/ League of Women Voters has advertisements. Throg/ How about a salary increase...? Horow/ Nov/ I would like us all to look for people who could be on the Animal Ad¥isory Board. That has been advertised and advertised Horow/ All right, you want to extend the time on this. Thlsrepresents only ar~sonsbly occurate ~anscrlptlon ofthelowa CIw couoctl meeting of March6,1995. WS030695 March 6, 1995 Council Work Session Page 22 Lehman/ I don't object to' doing it. Pigott/ I don't either. Throg/ Is there any potential insult that goes to the two people Kubby/ Yes there is... Horow/ I think there is. I think the one did not get on the Library Board but I think she would understand that because of the gender balance but she has indicated that she wants to do this. This comes out of the Grant Wood Neighborhood Association. They have worked hard. Kubby/ The Grant Wood area. Horow/ On the area, that is right. But they did work hard to get people to consider these. Kubby/ It is true although some people I talked to from the association said they were interested in the other applicant from that area. Lehman/ ..... couldn't go wrong with hardly any of those folks .... tough ..... then we tell them no .... Nov/ Lehman/ I don't know. We got two folks who I guess are pretty qualified. I would really hate that either of them would feel in any way offended by us continuing to the next meeting. Throg/ Let me react a little bit. I am totally prepared and would be quite enthused to appoint Ann tonight. I know her. I have ~een her. I think she does a really fine job. I haven't talked with Lea. I don't know how she thinks. I don't have any idea how she thinks. I don't know whether she would be a better appointee than someone else who might apply .... I haven't even talked with her .... Kubby/ Well, they didn't call, so therefore, they are not as high in the running .... Horow/ You know, this is at best an art .... We have had people... one appointment to the Airport Commission be really insulted when we extended it ..... Thisrepresents only areasonably accuratetranscrlptlon ofthelowa Citycouncil meeting of March 6,1995. WS030695 March 6, 1995 . council Work Session Page 23 Throg/ For one of these positions I think we should defer because it is an important appointment because I haven't had a chance to talk to the person involved .... Horow/ Jim, would you be willing to try to talk with her tomorrow because I feel uncomfortable in making one appointment but not making another one. Throg/ Well, then fine, I would not push Ann in terms of appointing her if we can't do that. Horow/ Would you be able to call Lea tomorrow? Throg/ Well- Horow/ I have talked with the chair. The chair doesn't have any problem- Throg/ I can certainly try. Tomorrow is not a good day for me to be doing stuff. Lehman/ You could have (gotten) time to do it tonight. Kubby/ Can we keep. it loose and see because I frankly would like to talk to her, too? Tomorrow is also a very busy day for me and she is a realtor and I assume she is going at it now and she is hard to catch. So I will make an effort to make time to try to reach her. Horow/ I will try to get her early in the morning. Okay, get to me tomorrow before council. I would appreciate that. Board of Library Trustees-Jim Swaim Board of Appeals-John Staska Housing Commission-Defer Planning and Zoning Commission- Defer to Formal Meeting. Thisrepresents only areasonably accuratetranscrlption ofthelowaCltycounollmeafingof March 6,1995, WS030695 March 6, 1995 council Work Session Page 24 council Agenda/Time 95-37 S2 1. Pigott/ I wanted to talk about outdoor sidewalk a minute .... Wouldn't mind continuing the p.h. and not voting on it this time. cafes for just tomorrow night Kubby/ It is not on .... Pigott/ I would urge us to continue the p.h. and not close it tomorrow night to further address any concerns that Jim might have or other people in d.t. area .... Throg/ Point is there has been relatively little notice for people d.t ...... Horow/ 2. Horow/ Put down 22nd, which is Civil Defense meeting .... Iowa City being there is very important Kubby/ Anybody have any specific issues you wanted Sue and I to focus on when we meet sometime about the Board of Appeals by laws. Nov/ ...look fine for me .... Horow/ Kubby/ 4. Kubby/ (ITEMNO. 15 -CONSIDER A RESOLUTION PROPOSED IMPROVEMENTS TO THE CITY'S WASTEWATER TREATMENT FACILITIES.) I am really unsure about especially up on Showers Addition , how many-some discussions... nothing in this resolution about relocation... How many properties it is going to affect? ..... I would like to know some of that information, even informally. Horow/ We have to relocate people? Woito/ I think there are only three ...... two ...... Atkins/ Is there something we can do, just as a matter of your instructions so that if does involve such things as relocation? I hate to hold the whole thing up .... Some understanding on this thing... Kubby/ When we are doing a Public Works Project and we are relocating people, we need to know how many ........ Thisrepresents only areasonebly accuratetranscription ofthelowa City council meeting of March6,1995. WS030695 March 6, 1995 council Work Session Page 25 Arkins I will prepare something for you... I would like for you to vote on this thing tomorrow night .... Horow/ When Public Works acquires property, I wasn't under the impression that we then have the responsibility to relocate people. Atkins/ Woito/ Federal you do. Horow/ .... in this case .... so we do not have any responsibility to relocate? Unless there are four people, we don't have a responsibility to relocate people. Kubb¥/ This is my point... informed about how our decisions impact .... Woito/ It was my understanding that the wastewater project, the five acres, was Chuck's money and Marianne Milkman had money for relocation of these like three people. Atkins/ Yes, the intent was we were going to provide some assistance for those folks .... I just don't know specifically. Kubby/ I would like an update for that° What the options are...? Lehman/ At some point we should have a policy on what the city's obligation is when it comes to relocation of people who are displaced by ..... I think if we had a policy .... Woito/ This has changed dramatically from what we started out with because we were going to move all of these people .... Horow/ I would agree with Ernie .... Lehman/ Different projects .... Think we ought to have some sort of uniform policy... Kubby/ (ITEM NO. 16 - CONSIDER A RESOLUTION ROAD MAINTENANCE PURPOSES.) About the 28E agreement between Johnson County and the city. There is no mention specifically who is going to take care of the road the city will build in the county property .... Why isn't it mentioned in the agreement? Arkins/ I don't know. Thisrepresents only a reasonably accuratetranscription ofthalowa City coundl meeting of March 6,1995. WS030695 March 6, 1995 Council Work Session Page 26 Kubby/ Concerned about...there is a.condition in here when the city or county does work on those roads and I am assuming this means including ditch work .... that we agree about what the other party is doing .... I would like to advocate that when we maintain the roadsides in the county, that we do not use chemicals. Atkins/ I have no trouble going with county policy on that. Kubby/ They changed their policy so I don't want their policy. Horow/ It means more personnel time. Atkins/ Bottom line is this is a county road .... subject to their responsibilities. If you want to do something different .... we have an obligation to tell them we are going to-do something different. Lehman/ I would like to use as little chemicals as possible. Kubby/ ...County has a roadside management person... we should talk to him .... Like us to explore .... Atkins/ We do the snow already .... Lehman/ Atkins/ So, you would like for me to talk to them about the ditch work and other- Kubby/ Yeah. 6. Kubby/ About the letter to Lacina about the industrial park. I am not sure how explicit the request was that county to fezone to industrial was .... we should be really blunt... Arkins/ I talked to him ..... I thought that he understood .... Kubby/ T~e other thing that is mentioned in this letter that to me seems really important is this issue of criteria. That even though we don't know specifically what they are going to be yet, that there were four people agreeing that if there was city involvement there would be some set of criteria ..... Atkins/ Horow/ Can we possibly give leeway to staff to use words other than Thisrepresents only areasona§ly accurate transcHptlon of ~elowa City council meeting of M=ch 6,1995, WS030695. March 6, 1995 Council Work Session Page 27 criteria because the word is out and the fear is the word criteria is going to be misconstrued to be restrictions .... encouragement .... development that we are interested in rather than the criteria that will restrict. CHANGE TAPE TO REEL 95-38 SIDE 1 Lehman/ Based on certain incentives, the price of land could be reduced. If you have this level- Kubby/ Beginning price is higher than market value .... Lehman/ Kubby/ That is really a big set of discussions that we should have on the 20th ..... we agree to do something on that issue. Horow/ Kubby/ .... it would get me involved in economic development issues differently. Arkins/ I certainly understood it that way. Kubby/ I would like to have us- Kubby/ Being on the Board of Directors from HACAP... and as a representative from council... have time to talk about what is going on with HACAP and so there are some funding things... lobbying about in Washington that are really important... another kind of block grant that communities get called CSBG, Community Services Block Grant... Johnson County .... We get $49,200 in CSBG funds .... given out to HACAP .... all that money .goes to the Family Service Center of Coralville ..... Housing ..... 54 preschool kids .... talking child care and counseling services ...... fighting IIGE for changes on how they use Project Aid moneys ..... make it more flexible on what the definition of weatherization is ..... short update. 8. Horow/ We got a action call from Iowa League of Municipalities. The StanleyAmendment is moving in the House. March 7, 7:00 PM there will be a p.h. on the Stanley Amendment ..... imperative that you call your-representatives immediately and ask that they vote no on the Stanley Amendment ..... 9. Horow/ Jim and I had a session Saturday morning with the Rohret Road people...agreed to... concerned about the ..... agreed to Thisrepresents only areasonsbly accurate traescdptton oftbelows City council meeting of March6,1995. WS030695 March 6, 1995 Council Work Session Page 28 be gently aggressive with state IDOT again in terms of the intersection at Maier Ave. and Highway 1 to either have some flags... increasing enforcement ...... Horow/ At least have a sign watch out for merging traffic... Horow/ Kubby/ Is there progress on access part...? Horow/ There is one person that is not happy .... Kubby/ Will you get a memo about what that is at some point? 10. AtkiDs/ You asked me to remind you all about the 20th. Is that .still a go? ..... Horow/ Got to go with the majority on these things ..... Okay, go with it. 11. Throg/ Mention...talked with Gretchen Lobman .... Student Association... April 8 we will have a meeting with the Senate .... Like us to be there at 11:30 .... hang around for lunch ..... 12. Horow/ I have asked Ernie to represent council on the evening of 14th... visiting Russian physicians over at the hospital center. 13. Nov/ There are some Russian Bankers in town... I met them at the First National Bank today ..... Adjourned: 8:20 PM This represents only a reasonably accurate transcription of the Iowa City council meeting of March 6, 1995. WS030695