HomeMy WebLinkAbout1995-03-07 AgendaIOWA CITY CITY COUNCIL
AGENDA
SPECIAL COUNCIL iVIEETING OF IVIARCH 7, 1995
7:30 P,M.
COUNCIL CHANIBERS, CIVIC CENTER
410 EAST WASHINGTON
ITEM NO, 1 -
ITEM NO. 2 -
ITEIV] NO. 3 -
AGENDA
IOWA CITY CITY COUNCIL
SPECIAL COUNCIL IViEETING - IV1ARCH 7, 1995
7:30 P,IVI.
COUNCIL CHAIViBERS
CALL TO ORDER.
ROLL CALL,
IV]AYOR'S PROCLAIV]ATIONS,
a. American Red Cross Month - March 1995.
b. Women's History Month - March 1995.
CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR
AMENDED.
a. Minutes of Boards and Commissions.
(1) Human Rights Commission meeting of January 23, 1995.
(2) Housing Commission meeting of January 10, 1995.
(3) Housing Commission meeting of February 14, 1995 (excerpt from
minutes).
b. Permit Motions as Recommended by the City Clerk.
Consider a motion approving a Class "E" Liquor License for Nash-
Finch Company, dba Econofoods, //473, 1987 Broadway.
(Renewal)
{2) Consider a motion approving a Class "C" Liquor License for
Gringo's of Iowa City dba Gringo's, 115 E. College St. (Renewal)
(3)
Consider a motion approving a Class "C" Liquor License for Elks
Lodge B.P.O.E. //590 dba Elks Lodge B.P.O.E.//590, 637 Foster
Rd. (Renewal)
(4)
Consider a motion approving a Special Five Day Class "C" Liquor
License for the Regina Fodndation dba Regina Gala, 2140 Roches-
ter Ave. (Renewal) ,
#2a page 1
IT~,M NO.
Horow/
2 - MAYOR'S PROCLAMATIONS.
American Red Cross Month - March 1995.
(Reads proclamation).
/ I would just like to thank city council members and Johnson
County residents for supporting the Grant Wood Area Chapter
here in Iowa City.
Horow/ Thank you.
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Agenda
Iowa City City Council
Special Council Meeting
· March 7, 1995
Page 2
c. Setting Public Hearings.
I1)
CONSIDER A RESOLUTION SETTING A PUBLIC HEARING FOR
MARCH 28, 1995, ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF
A PUlVIP TEST/PRODUCTION WELL, A PRODUCTION WELL AND
OBSERVATION WELLS IN THE SILURIAN AQUIFER AT THE
WATER FACILITY SITE.
{2)
Comment: This work involves a two-phased approach for con-
structing the two Silurian wells at the Water Facility Site. Phase
one includes construction of the Silurian well at the northwest
corner of the site, construction the observation wells, and
performing a pump test. Phase two involves construction of the
Silurian well at the southerly end of the site. This work will be
financed with water revenues.
CONSIDER~ETTING A PUBLIC HEARING FOR MARCH 28, 1995,
ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATE OF COST FOR THE CONSTRUCTION OF THE NORTH
SUMMIT ALLEY EMBANKMENT IMPROVEMENT PROJECT.
Comment: The project involves regrading of fill material placed
along the alley south of Dodge Street between Governor and North
Summit Streets. Trees will be planted along the top of the slope
along the alley. The estimated cost of construction is $20,000 and
will be funded with General Funds.
(3)
CONSIDER A RESOLUTION FIXING DATE ON MARCH 28, 1995,
FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF
NOT TO EXCEED $2,535,000 PARKING SYSTEM REVENUE
BONDS OF IOWA CITY, IOWA AND PROVIDING FOR PUBLICA-
TION OF NOTICE THEREOF.
Comment: The City's Financial Advisor Evenson Dodge has
analyzed and determined that at this time it is advantageous to the
City to refund the 1985 Parking Revenue bond issue by issuing a
taxable Parking Revenue bond issue. Preliminary estimates predict
a savings of approximately ,~ 150,O00.00 net of issuance costs.
This resolution sets a date for a public hearing on March 28, 1995.
Agenda
Iowa City City Council
Special Council Meeting
March 7, 1995
Page 3
d. Resolutions.
(1)
CONSIDER A RESOLUTION AUTHORIZING THE EXECUTION OF
CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT RENTAL
CERTIFICATE PROGRAIVI PROJECT NO. IAO5-V022-019.
Comment: The Consolidated Annual Contributions Contract
(CACC) Rental Certificate Program and Rental Voucher Program
combines the 527 units of Section 8 Certificates and 310 units of
Section 8 Vouchers. Project Number IAO5-VO22-019 replaces
Project Number IA05-V022-008, which expired October 31,1994.
This amendment does not represent any new Vouchers but is
intended to maintain the number of units in the program at the
current level. The maximum Annual Contribution amount will be
$2,901,502.00 for Certificates and $1,418,904.00 for Vouchers.
e. Correspondence
(1) Letter from Sonia Ettinger supporting the proposed ordinance
regarding sidewalk cafes.
(2) Letter from Hoover Elementary School sixth graders regarding
projects to raise funds for Cystic Fibrosis and Muscular Dystrophy.
(3) Memoranda from the Traffic Engineer regarding:
(a) Parking prohibition on the east side of the 800 block of
South Dubuque Street.
(b) Stop sign installation on Wright Street at its intersection with
Clinton Street.
(c) Stop sign installation on Wright Street at its intersection with
Dubuque Street.
Applications for City Plaza Use Permits.
(1) 'Application from Jan Baker of Amnesty International for permis-
sion to use the stage area for a rally against reinstating the death
penalty on March 4, 1995. (approved)
END CONSE.T CA'ENDAR
#3 Consent Calendar page 1
ITEM NO. 3 - CONSIDER ADOPTION OF THE CONSENT CALENDAR AS
PRESENTED OR AMENDED.
Horow/ Chair would entertain a motion to adopt this.
Moved by Nov, seconded by Lehman. Discussion. Mr. Arkins,
could you please comment on c.(3)? We are setting a p.h. March
28 and the plans and specifications and form of contract,
estimate of cost, construction of the North Summit alley
embankment improvement project. But we are also dealing with
the proposition of the issuance of Parking System revenue
bonds. Would you address this?
Atkins/ As you recall, at your last meeting you authorized us to
proceed with General Obligation Bond, $8.5 million, for a
variety of projects. In the meantime we had been working on a
refunding which this particular bond proposal is. That is to
refinance the existing debt under the call provision we have
within this bond. And why I am bringing it to your attention
is that setting a p.h. on the 28th, I would like for you to
vote to accept the bond that evening which is a little
contrary to your policy where you have the hearing and then
vote on the following. If we can package all of those together
and go to the bond market once, we save the issuance cost and
thereby we believe the $150,000 is not only what we believe
what we can save on the Parking Revenue Bond financing but
also the issuance cost for the two particular bond sales. So
I would ask you to have the hearing that evening as well as
vote that evening. I just wanted you to be aware of that.
Nov/ Sounds like an excellent idea and if we can buy some paint to
paint the parking ramps.
Arkins/ I think we can save a couple of dollars to buy some paint.
Horow/ Anybody have any problem with that?
Pigott/ No, sounds like a good idea.
Horow/ (Reads agenda) Any other comments? Okay. Roll call- (yes).
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F030795
Agenda
Iowa City City Council
Special Council Meeting
March 7, 1995
Page 4
ITENI NO. 4 - PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA).
ITEI~ NO. 5 -
PLANNING AND ZONING MATTERS
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.
Comment: The Planning and Zoning Commission is reviewing the zoning
text amendment recommended by staff that City Code Section
14-6L-1 M 1, the additional regulation restricting access for neighborhood
centers to arterial and collection streets, be repealed. It is anticipated
that the Commission will vote on this item at its meeting on March 2,
1995. In letters dated February 14, 1995, and February 23, 1995,
expedited consideration of this item was requested by the City Commu-
nity Development Division and the Board of Neighborhood Centers of
Johnson County, respectively. Due to the time that will elapse in
between Council's March 7 and 28, 1995, meetings, and the stated
need for expedited consideration, Council is requested to set the public
hearing for March 28.
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)
Comment: At its February 2, 1995, meeting, the Planning and Zoning
Commission, by a vote of 7-0, recommended denial of the proposed
amendment to the Westport Plaza Conditional Zoning Agreement. In a
letter dated February 8, 1995, the applicant requests that this item be
considered by the City Council. The Commission's recommendation is
consistent with the staff recommendation contained in the staff
memorandum dated February 21, 1995.
Action:
#4 page 1
ITEM NO, 4 - PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA).
Horow/ This is for items not on the agenda. We ask anyone who would
like to address council about an issue that is not on the
agenda, come forward, sign in, state your name, and I would
ask you to keep your comments to approximately five minutes.
Walter Shelton/ Any issue?
Horow/ Yes, any issue not on the agenda.
Shelton/ Give you a copy of this. We would like to invite any of
you to the Senior Center any time you want to come over. You
can see at the bottom of the first page there a list of times
that we have special occasions. Please feel free to come.
Horow/ Thank you very much.
Throg/ Thanks.
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#5b page 1
ITEM
Public hearing on an ordinance amending the eon4i-
tional Zoning Agreement for 1069 Highway
(Westport Plaza) to allow an additional
freestanding pylon sign. (REZ95-0002)
Horow/ Declare the p.h. open. I would ask you to address council,
sign in, keep your comments to five minutes.
Bill
Macrum/ I with Chandler sign Company, San Antonio, Texas. I
represent General Mills, owner and operator of Red Lobster
Restaurant. I am here to request that we are looking to seek
an amendment to the CZA to allow a third pylon sign at this
restaurant location. I have been out there frequently and we
find that it is a real hardship for this restaurant to open
without a pylon sign. We are sitting about 15 feet below grade
on Highway 1. The signage that is going to be on the building
is on the north and south elevations. East and west elevations
do not accommodate signage on this particular Red Lobster
building. We will have no identification whatsoever to address
Highway 1 on the property. Existing signage out there, the
other two signs that exist out there, Wal-Mart and Cub Foods
will not accommodate the Red Lobster signage. Originally, I
believe, those signs were suppose to accommodate additional
tenant signs. Engineering-wise it won't and aesthetically-wise
I don't think the city would be pleased with the end result.
I am told if this agreement were in place today, that property
out there could have 125 square foot sign, 25 feet high which
is kind of a minimum requirement for that property. We would
rather have a 35 foot tall sign but what we have done is we
are accommodating the city ordinance as it is, the Sign
Ordinance, and requesting that you all consider to have those
pylons.
Horow/ Are there any questions?
Throg/ Bill, could you say again, perhaps a little more clearer in
different words, why the sign is necessary in your view? A
sign the size that you have in mind.
Macrum/ The property sits about 15 feet below Highway 1. It is
sitting down in a hole. The building will not accommodate
letters on the elevations required to have on either the east
or west elevations. All you are going to see day and night as
you drive by that building are some fish that are
architecturally designed to look like a Cape Cod fish house.
But it will not say Red Lobster. There is no identification on
the building° People, I think, are going to miss it. For
safet¥s sake, as you drive by that particular place, a lot of
people are going to pass the Red Lobster up as you are heading
towards town on Highway 1. The sign, a monument sign of any
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F030795
#5b page 2
sort will not work because of where the property sits. It is
too far below Highway 1. I think they have made a major
investment here and I don't think they realized at the time
they could not have a free standing sign. I know that they
have gone back and they have talked with the developer, they
have talked to the other tenants and have gotten the written
approval to allow them to have their own sign on their
property and I think the only thing that is stopping right
now, as I understand it, is the city, the CZA that is in place
out there with the property. The signage is certainly not an
overkill, that 125 square feet at 25 foot tall. Any smaller
than 25 feet tall is not going to be visible from Highway 1
traveling both east and west directions.
Kubby/ So, is it possible to have the words Red Lobster in a
different place than normal on the sign so it would be more
easily seen as you are driving by on the highway to
accommodate the rules of the game, so to speak?
Macrum/ On which sign, Ma'am?
Horow/ On the north.
Kubby/ On the side that you would see when you are driving on
Highway 1 so that you don't just get a fish,that you see the
words, Red Lobster, to accommodate the rules that we put out.
Macrum/ I tell you, the letters that are on there today and by
design and I guess you said it yourself, the inflicted
hardship, the biggest we can put the letters on right now and
have the remote transformers that they typically have with
that model building which they have been building quite a few
of them right now, is 18 inches. 18 inch upper case letters.
By the time you get to lower case letters they are half the
size. So just on readability-wise, the letters become awful
small to read. So, I would say with the speed of traffic on
Highway 1, I don't think it is getting adequate
identification. I know there has been comments about trying to
use like the Wal-Mart sign, put out sign on the Wal-Mart sign
or the Cub Foods. Which if we do that today, if we down at
grade level might as well put a monument sign. You won't be
able to see it. Plus it is off premise signage and it does not
allow people heading towards town to make the proper exit.
They have already passed the Red Lobster Restaurant. The Wal-
Mart sign will not engineering-wise accommodate. I know that
my company would not take the liability to put out sign just
because the additional wind on it, the additional wind on it
on the existing stilt was not built to accommodate more square
footage.
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#5b page 3
Nov/ Can you put up a sign that will accommodate the Wal-Mart sign.
Macrum/ Yes we could.
Nov/ You could sign an agreement with Wal-Mart to share one pylon
then.
Macrum/ Right, we could. And that is-I think a sign should be
designed to look like a multi-tenant sign and be properly
engineered and yes, that could be done. And I am not sure,
speaking out of school a little bit, as to who would want to
pay for all of that. I don't know if the Wal-Mart people would
want to participate since they already got a free standing
sign out there. I am not sure how that would work.
Lehman/ You are with a sign company. Is that correct? Don't you
think that this discussion should have taken place prior to
investing all the money in that building.
Macrum/ I agree.
Lehman/ You really kind of put us in a bad position because the
rules were there before the building was even started. And
those folks knew before they started the building that these
were the regulations and now that the building is nearing
completion all of a sudden we want the sign and you are coming
in and saying we go this huge, you are not but somebody is
coming in with this huge investment we really need a sign. We
knew before we started the building what the rules were.
Macrum/ I don't disagree.
Lehman/ I really think you are putting us in kind of a tough
position. You know. We made the rules. You knew the rules,
sir. Your company knew the rules. You chose to build. Now they
are coming in wanting us to change the rules because they have
already got the investment. I am not saying we can't do
something but I think this is really the wrong time to do it.
Macrum/ Mr. Lehman, I fully agree with you. I have spoken-I handle
signage throughout the country for General Mills for all
concepts. All of Red Lobsters and now the New China Coast
projects and one of my comments to the real estate department
in General Mills on several occasions has been let's get the
exhibits in place when you go in and make your deal up front.
And a lot of times in their aggressive growth they have, the
real estate department has completed deals without those
exhibits and we ended up in situations like this.
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#5b page 4
Lehman/ And many times they probably have been able to have the
rules changed. It is probably a matter of track record.
Macrum/ I spend 90% of my time going around correcting real estate
mistakes.
Horow/ Is there anything else? Any other questions for-
Nov/ I have one more question. Are you aware that the current sign
ordinance allows 15% signage on each facade of every building?
Macrum/ Yes, Ma'am.
Nov/ And are you sure you could not accommodate that kind of thing?
Macrum/ Like I say, we can't. I know by design that it is difficult
to because of the way the siding is applied, the way just
aesthetically. They are going to have to go back and change
because you notice the new Red Lobster Restaurant, they spent
a long time developing this particular style. This is probably
the I want to say the 10th one of that particular model that
is either up or under construction right now. But they have
got a real significant sign there and they put weathered wood
around the sign area, kind of a Cape Cod look and then they
put the letters in that area. So what they have to do at this
point in time is go back and redesign those elevations. I
don't think they will. I think what they will do later on if
they don't get some sort of identification on Highway 1 that
is adequate, is go back and find that they really do have a
hardship because I think they do. In going back out there
tonight, you see that building sitting down there and the only
thing that is they are going to put kind of a new stack of
lights on a couple of elevations that is going to light up
some pictorial type of graphics there and that is all you are
going to see. I think they have a major hardship out there.
Nov/
I had a phone call this week from someone who saw a Red
Lobster restaurant in Kansas City with one small sign that did
not seem to be doing badly. So, it has been done in other
locations.
Macrum/ Markets vary a lot and I think it has a lot to do with
locations. I think if you got a restaurant row in place, I
think it is significant. If you are a free standing building
off of a highway, I think that is a little bit different.
Sometimes a different situation.
Nov/ This was a very similar situation. That is why this person
called me.
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#5b page 5
Macrum/ I see.
Horow/ Thank you.
Macrum/ Thank you.
Pigott/ Thanks for coming down.
Horow/ Anyone else that cares to address council
Declare the p.h. closed.
on this issue?
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F030795
Agenda
Iowa City City Council
Special Council Meeting
March 7, 1995
Page 5
Public hearing on an ordinance conditionally amending the use regula-
tions 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)
Comment: At its February 2, 1995, meeting, the Planning and Zoning
Commission, by a vote of 7-0, recommended approval of an application
submitted by East Hill Subdivision, Inc. for a rezoning from RM-12 and
RS-5 to RS-8, subject to three conditions. The Commission's recom-
mendation is consistent with the staff recommendation contained in the
staff report dated January 19, 1995. A protest petition representing the
owners of 20% of the property within 200 feet has been submitted and
thus a three-fourths (six of seven members) vote of the Council is
required to approve this rezoning. The public hearing was continued
from the February 28, 1995, Council meeting. Public comments were
received at the February 28 public hearing.
Action: -'~ ,~/'Z~/'
Consider an ordinance conditionally amending the use regulations of
approximately 13.O9 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-OO20) (First consideration)
Comment: See item c, above,
Action:
Consider a resolution approving the final plat of D&~ SubdWisib~,~ 6.41
acre, four lot commercial subdivision located on the south side of
Highway 1 West, west of Sunset Street.
Comment: At its February 16, 1995, meeting of the Planning and
Zoning Commission, by a vote of 7-0, recommended approval of the
preliminary plat ~f the D&L Subdivision, subject to approval of the legal
papers by the City Attorney's Office and construction plans by the
Public Works Department prior to City Council consideration of the final
plat. The Commission's recommendation is consistent with the staff
recommendation included in the staff report dated February 16, 1995.
It is anticipated that the legal papers and construction plans will be
approved prior to the March 7 Council meeting. This item was deferred
from the Council meeting of February 28, 1995.
Action:
#5c page 1
ITEM NO. 5¢.
Public hearing on 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)
Horow/ We do have a signed conditional agreement. Therefore,
council will be able to take a vote this evening. I declare
the p.h. open. I would ask you to sign in, state your name and
keep your comments to no more than five minutes.
Nicholas Chmaruk/ Once again there is people in the audience that
are willing to give me their five minutes.
Horow/ No, we must hold to this five minutes. I think that we have
heard and we have read all the material. So that each person
will be allowed five minutes.
Chmaruk/ Well, what is contained in here is directly related to
what you discussed last night at the informal meeting. Okay.
There is not a redundancy. My name is Nick Chmaruk, 909 Dover
Street. Maintaining a perspective of concern for safety and
traffic related problems which currently exist for property
owners within 200 feet of the exterior boundary of he applied
for rezoning site, I begin with this quote, "The primary
objective of subdivision design is to provide maximum
livability. This requires a safe and efficient access and
circulation system connecting homes, schools, playgrounds,
shops and other subdivision activities for people living
there. Street design should be based upon detailed traffic
analysis which more closely approximates design procedures for
major streets except for lower speeds and strong emphasis on
access to abutting properties. Special subdivisions exist for
which average daily traffic guidelines may only partially
apply. These include cluster housing such as on Dover Street.
By their nature such subdivisions do not necessarily fit into
the planning framework for customary residential area. The
need for special design criteria on a case by case basis is
recognized in most jurisdictions by the planned unit
development concept." This quote is from Recommended
Guidelines for Subdivision Streets put out by the Institute of
Transportation, 1984, Regarding Traffic Considerations in
Subdivision Planning and Layout. At last night's work session
of the city council I agree wholeheartedly with the city
attorney's response to a question whether the city council has
a basis for which to limit the amount of units allowed on the
site due to the lack of secondary access. The city attorney
responded quote, "It needs to be articulated in terms of what
the city council is thinking, what the city council deems as
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F030795
#5c
page 2
safe. It is a legislative decision to be made as to safety,
whether the city council thinks this is reasonable and wants
to apply it to the guideline." This application for rezoning
is teaching me a tremendous lesson in city government. What
guidelines are laws and what guidelines are just guidelines.
What came out of the work session includes the fact that the
city council does have the power to limit the number of units
on the site. More importantly, traffic volume guidelines on
existing streets and at the single point of access to the site
were enacted into law in the city's comp plan. But secondary
access policy is just a guideline even though it employs
traffic volume guidelines which are law. In the October 12,
1992 memo from Jeff Davidson to the P/Z Commission the
proposed checklist of criteria for when secondary access
should be required starts off with, "1. secondary access shall
be required if a proposed development will result in any
portion of the single access road being over burdened with
traffic. Over burdened shall be defined as a projected traffic
volume which exceeds the midpoint design volume as designated
in the Iowa City comp plan for a local or collector street."
Local street, 500 vehicles per day. Collector streets, 2,500
vehicles per day. The projected traffic volume generated by 72
units detailed in the concept plan by the developer using the
formula of 7 vehicles trips per day per unit is 504. It should
be clear that the figure classifies 054 entrances and exits
through a single access point as over burdened before a
shuttle hits the ground. I hope the city council can see how
intertwined the law governing traffic volume and the guideline
governing secondary access are in this case before you now.
Take traffic volume one step further. As the City Attorney
said at last night's work session, "I think Jim articulated it
as simply as you can come up with. Stick fairly rigid to the
1,000 trip limit threshold for a local street and say you are
not going to go beyond it." When I called Jim Brachtel prior
to the January 19, 1995 meeting of the P/Z Commission
inquiring about traffic counts on Dover Street I was told
there had never been any. Then on January 31 within three days
following the major ice storm of the season, Traffic
Engineering had a one day count. Mr. Brachtel said in order to
get a reliable count, the counters should be operated for a
more lengthy period. The IDOT operates permanent traffic
counters in many cities in the state. The DOT uses monthly
counts to determine seasonal traffic volume change. The
statistics I provided you with at last week's meeting prove
there is between 21-27% seasonal change even right here in
Iowa City. Not that we can empirically rely on the one day
counts on Dover and Meadow Streets as a baseline January
average just after an ice storm, but if you adjust the 790
count on Dover Street as the ultimate low for an average 24%
seasonal change high, that is an average between 21 and 27.
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F030795
#5c page 3
What you come up with without adding any vehicular trips in or
out of the single point of access to the site is 979 or by
definition practically at the point of being overburdened
already.
Horow/ Nick, your time is up. I am sorry. It is actually over two
minutes. I appreciate you giving us this because we then have
a chance to read it after you are finished.
Kubby/ Will we take some time that we can read this before we vote?
Chmaruk/ The punch line is yet to come.
Horow/ This is a lot, Nick, and we would have liked to- I would
like to have anyone else address.
Kubby/ Pass your notes and let the next person.
Throg/ We have gone through a couple of different policies here
about how to respond to public but we have not talked about
what the policy should be.
Horow/ And another policy is that we engage in
them. That wasn't - I think we have got a
here. What I would like to know are they any
the audience who wish to address council.
discussion with
lot of policies
other people in
Russell Fate/ I live at 806 Dover Street which is on the corner of
Perry Court and Dover which is on the north side of Muscatine.
I would- I am fairly new to Iowa City. I have been here about
four years. I am retired. I came here because I liked the
city, looked over the community to find a place that we might
enjoy living and so they were building this corner lot there
and we have enjoyed living there. I guess I have not done the
background and frankly I am sorry that he cannot continue his
statement because I think really that is not fair. I mean
maybe I am not being fair but I don't feel like he is having
an adequate chance. He is the one who has done the work. I
don't understand the kind of reasoning and I do object to it.
I just want to say that. I think it was whether arbitrary and
I apologize for saying that but I feel that because he has
gone to a lot of work. Anyway that is-I will use up some of my
time here. I drive Friendship and go up Dover and I see all of
these cars there and you have to weave in and out with as
almost every family has two cars and I guess my concern is
that there is really going to be a traffic tie up in that
particular area unless there is some other kind of access and
I don't know the particulars of how that access is planned. I
am sure that this development will be a benefit to some people
but I think also it needs to be measured in terms of how this
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F030795
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will affect some of us who live in that area. We have
grandchildren coming. We like that area and it is the children
that are going to be in that area are going to be facing more
traffic there. I think there was a police car up at Dover and
Muscatine just this morning as I was coming down there. All I
am asking is please consider it and give it fair
consideration.
Horow/ Thank you, Mr. Fate.
Fate/ I don't know what else to say. I had no prepared speech.
Thank you very much.
Horow/ That is fine. Is there anyone else that would care to
address council?
Gens
Kroeger/ With East Hill Subdivision. I think we stated our
position clearly the other night. I want to reconfirm it just
slightly. We have done everything we can to conform to city
standards and city practices. We met with the staff. We
determined that 500 car trips per day were the acceptable use
in this place and we have tried to conform to that. We can
currently build 117 units there and chose not to. We try to
conform to the existing development that is in the area. I
don't know what else you do. You talk to the staff, you look
at how a piece of property is zoned and you try to do it right
and that is what we are trying to do. We would like to see you
vote tonight and close the p.h. and I would be happy to answer
any questions that you would particular have.
Pigott/ Mr. Kroeger, we asked at the last time we talked we asked
whether or not you might check with the property owner
directly south of you in regard to some purchase of land for
secondary access and wondered if you had done that and what
the result of your discussion was?
Kroegsr/ I had done that and the results were Mr. Gay, who owns the
property is in Florida somewhere. He is on vacation for an
extended period of time. So I was not able to talk with him.
I did go back and look at the preliminary numbers that we did
originally on the piece of property and you have to go back up
to a higher density to justify a secondary access. There is no
way the numbers work and I doubt seriously and I haven't gone
onto Mr. Gay's property and measured it that he would conform
were he to sell 50 feet on either side of his property.
Pigott/ May I just follow up for a second? Are you saying that if
you did some, for some odd reason, purchase that land and put
in a secondary access, the incentive for you would be to build
at a higher density?
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F030795
#5c page 5
Kroeger/ You would have to build at a higher density to spend that
kind of money. I don't think he is going to sell it and I
don't think his property would conform to city standards but
I can't say I know that for a fact. It just looks to me
looking at it from the outside.
Kubby/ Do you know what that density would have to be in order for
it to work out monetarily?
Kroeger/ For a double access. We can't go past 117 and that it what
it is currently zoned at. 117 units can be built on that
property, RM-12 and the current RS-5 is you put the two pieces
together. The ten acres and three acres. And I may be off by
one or two but its the calculations.
Lehman/ Last week we were told 150 or 156 units could be built the
way it is zoned now.
Kroeger/ I think you need to ask the staff. I think it was 117 but
maybe I made a mistake.
Miklo/ The RM-12 zone actually allows approximately 15 units per
acre, 14. something. So the ten acres that is currently zoned
RM-12 would accommodate approximately 150 units. There are
also approximately three acres zoned RS-5, that would
accommodate, although the zoning would allow up to about 15
units, I think realistically you would have to get fewer than
that by the time you put the road in and took out the flood
plain.
Throg/ Bob, it is RS-8 that would permit about 117 units?
Miklo/ Let me just do a quick calculation.
Lehman/ I think the proposal is for like 72.
Miklo/ The RS-8 with duplexes allows up to ten units per acre. So
theoretically on the ten acres or excuse me the 13 acres, that
is 130. By the time you take out the streets and storm water
detention and etc., it is going to be somewhat less than that.
So it is going to be in the range of 90-100 units.
Kroeger/ When we approached this project, we approached it because
we know the sensitivity of the people in the City of Iowa City
and we wanted to do a project that conformed to the
neighborhood. That is always a priority of everybody around.
It certainly has been with the council and that is what we are
trying to do and we have tried to get the proper number of
cars for one access subdivision which we were told was 500 and
that is what we are here asking for.
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F030795
#5c page 6
Lehman/ But you are looking at 72 units, is that correct?
Kroeger/ 72 units. 36 lots, zero lot line or zero condominiums.
Lehman/ 72 instead of a possible maximum of 150.
Kubb¥/ We would never allow that many without a secondary access
and if there was secondary access-
Lehman/ I agree but with 156 units you could certainly afford the
secondary access.
Kroeger/ If you could get it. I am assuming we can't and I think if
you go out there you will see that a 50 foot street is not
going to fit across anybody's property out there and Mr. Gay
is the only one but I have not talked to him. He is not in
town.
Kubby/ Actually this may be one of those situations that if it were
possible to get secondary access that we could reduce street
standards because it would be for a very limited number of
Units that a full city standards street would not be necessary
for 72 units or even 117.
Horow/ That would have to be-they would have to be a homemaker's
association that would be able to take care of then. Reducing
the street standards would involve unless all-
Kubby/ It would be a city street. The city would do maintenance,
repair and snow removal.
Kroeger/ When I approached this subdivision I approached it with
what I had to deal with and what were known ordinances that I
had-
Kubby/ That is what happens when you have a public process that
sometimes things need to be adjusted or not.
Throg/ Plus if you play out the hypothetical of providing somehow
managing to get secondary access to the south and to have the
other access over Dover Lane to the east. Then the developer
would rightfully want to develop the land more intensively
which means that the reduction in traffic that we might think
we could get on Diver Land wouldn't really occur. There would
be some reduction but it wouldn't be as much as you might-
Pigott/ Ultimately you might move back to where you were.
Kroeger/ Any other questions?
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F030795
#5c page 7
Horow/ I don't think so. Anyone else care to address council? Nick,
do you wish to continue?
Kubby/ I would ask that we allow Nick to finish his speech.
Horow/ If there is anyone else that wishes to address council
first. Let Nick finish. If you are going to say it in your own
words, that is what I was looking for.
Chmaruk/ I will cut it down.
Horow/ Thank you.
Chmaruk/ What can I leave out here. Okay.
Horow/ You finished on when the kids are out of school.
Chmaruk/ Yeah. Go to the next page.That that is all pretty self
evident. The definition of the streets, you know, that is
pretty self evident. So go down to do you know, this is
probably where it gets to be really fun. Do you know what is
all tied together cannot be dealt with separately because they
are so intertwined in this issue of developing the site.There
are three: traffic volume thresholds on existing abutting
adjacent streets and at the single point of access to the
site. That has to do with the circulation system, how traffic
will travel and at what capacity in relation to the city's
comp plan, an act of law. 2. Secondary access otherwise known
as safe access and thereby a safety concern. The guideline
relies on traffic volume thresholds. 3. Rezoning the site
means paying very close attention to the case by case cookbook
approach. Paying careful attention to the special design
criteria that by their very nature exist on the adjacent
streets and at the single point of access which is within mere
feet of a blind 9.6% grade hairpin curve. P/Z Commission
waffled on what criteria can be used to object and protest
this rezoning application. The Assistant City Attorney sat
there saying no, yes, no, you know, on what issues we could
address as property owners in the area. I hope that by now the
issues have been clarified. Let me conclude by citing once
again the very important 1981 Iowa Supreme Court Case, Oakes
Construction Company versus City of Iowa City in which the
Supreme Court upheld the city's position un the necessity for
secondary access to a 44 dwelling unit subdivision which is
Dover Street directly adjacent to the proposed access point
the the rezoning site. Testimony before the Supreme Court from
the city staff members outlined the following reasons what a
single means of access to the proposed subdivision would be
inadequate and I might add these reasons can be upheld as
protest objection to rezoning of this cite in question. And 1.
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F030795
#5c page 8
was the ability of the overall street network in the vicinity
to circulate traffic would be inadequate. 2. It would be
exacerbate existing traffic problems and negatively impact the
adjacent neighborhood. 3. Emergency vehicle access would not
be adequate, including single lane traffic such as what with
parking problems on Friendship and Dover Streets, after PM
peak drive time and before morning AM peak drive time. Let's
see. Okay. Then the 10 ton limit on the bridge on Meadow
Street, navigating a fire engine in good weather on Dover
Street will be tricky. Other wise go all the way around so
that the new bridge going in next year on Brookside and 4. Non
local traffic would be added to a street with am elementary
school. Should development occur, P/Z Commission discussed
putting a traffic light at the Dover and Muscatine
intersection and also at Friendship and Forest Avenue. Traffic
is already backed up around the curve on Dover duringAM peak
drive time. To circumvent the congestion residents of the new
subdivision have a straight shot onto Brookside then turn
south passing Lucas School as children are going to school to
avoid the snarl on Dover for easier access onto Muscatine. So
all four apply to this exact situation that we are dealing
with. Everything I have said in this statement is directly the
very same argument the city used to win its case before the
Iowa Supreme Court requiring Oakes Construction to extend
Dover Street to Muscatine Avenue. The argument in the case has
precedence over this issue of rezoning application. Just that
the table has been flipped. I am using the city's argument and
P/Z staff who advised the city council on this matter appeared
to have lost site of their mission by misrepresentation of the
facts to the city council and by error and omission. An
example of P/Z staff factual distortion and unethical lack of
total disclosure occurred last night at the work session on
the issue of traffic volume threshold. Staff members made no
mention of variance due to season change, okay, with traffic
counts which is a crucial piece of information from which you
render your decision on this rezoning issue. I pray the city
council recognizes the obligations and responsibilities
associated with a super majority vote in favor of granting the
rezoning requests. By doing so the city council would be going
against its own position it took before the Supreme Court
regarding secondary access and would be in violation of the
comp plan traffic volume threshold over burdened law. Thank
you for allowing me this time to state, as the neighborhood
advocate, the position of 65% of the property owners within
200 feet of the exterior boundary of the applied for rezoning
site.
Horow/ Thank you.
Pigott/ Thanks for your time, Nick.
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F030795
#5c page 9
' ' 9
Horow/ Anyone have any questions for anyone who has testified.
Karr/ Motion to accept correspondence.
Horow/ Moved by Pigott, seconded by Throg to accept correspondence.
Any discussion. All those in favor signify by saying aye
(ayes). Okay. Anyone else to address council on this. Declare
the p.h. closed.
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F03079§
#5d page 1
ITEM NO. $d.
consider an ordinance conditionally amen4ing the
use regulations of approximately 13.09 acres
locate~ at 655 Meadow Street from RM-12, Low
Density Multi-Family Residential, and RS-S, Low
Density SinglsBFamily Residential, to RS-8, Me4tum
Density 8ingle-Family Residential. (REZ94-0020)
(First consideration)
Horow/ Moved by Nov, seconded by Throg.
CHANGE TAPE TO REEL 95-39 SIDE 1
Baker/ Regardless of whether or not we fezone this or leave it
alone, if the developer wants to put something in there, he
has to bring before us a plat, a subdivision plat at which
time we specifically have (can't hear) secondary access.
Woito/ Exactly, plus the other items that he brought up.
Baker/ So we will either address it-
Woito/ Tonight or we will address it soon.
Baker/ We will address it in a way that we have to deal with
potential 72 units versus a potential of 140 roughly.
Woito/ Yes and I think Mr. Kroeger indicated last night that if the
zoning does not go through, he will bring in his proposed
concept plan for a subdivision.
Horow/ I have a question for Linda. Does anyone have anything else?
If the subdivider develops this at essentially an RS-8 zone
but it is not zoned RS-8, what are the ramifications of that,
if there are?
Woito/ You mean if it remains RM-12 and he comes in with an RS-8.
We say we are better off. That is no problem. I mean it is
not, I mean it is not inconsistent with the comp plan as I
recall.
Horow/ If there is a disaster of any sort and the land is basically
RM-12 and RS-5. Right? So if someone wanted to rebuild they
would be able to do it at RM-12 and RS-5?
Kubby/ But there still have a (can't hear) by which they live by.
Woito/ You still have the platting authority to approve the
subdivision in which case you can go through all the lists of
topography, the traffic, the density, the long list of land
use factors which are legitimately considered by you.
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F030795
#5d page 2
Lehman/ Let me ask another question along the same line. If we are
building zero lot line houses, one of them burns down, we are
in RM-12 zone even though we are building an RS-8-what happens
if we build a four-plex there? Can we do that if it meets the
zoning requirement?
Woito/ It would depend on the plat. If you were smart you would
nail down that plat very tightly.
Horow/ But why wouldn't you be smarter in nailing the RS-8 zoning?
Woito/ I think you can do it either way.
Kubby/ Because we will end-Using the reasoning of staff, whether it
is RS-8 or Rm-12, using that 500 threshold of the street
within the subdivision. Not the street that it is going to
spill onto but the street within the subdivision. That will be
two times seven is still 504 no matter what the zoning is. The
thing-
Woito/ Unless you change your guidelines, you will
those same guidelines either now or a later
regardless of the zoning.
be applying
subdivision
Kubby/ Okay, then what takes precedent, a guideline about the
volume of traffic created by those houses or the guideline for
secondary access using the 44 units in the Oakes case? Which
of those-those two things are in conflict.
Woito/ The guidelines you gave Jeff Davidson, you being the city
council, several years ago was informal direction to follow
these guidelines. It was not adopted by the council as a
policy. And that is speaking about secondary access.
Kubby/ So the 500 guideline is part of the comp plan?
also part of the guidelines that have not been
policy?
Or is that
approved as
Miklo/ If I may address that. The 500 vehicle trips per day
guideline is a staff policy that we were given the direction
by P/Z and city council to use in reviewing developments. It
is to in the comp plan. The 44 units that was established in
the Oakes case has been superseded by those guidelines. The
Oakes case also had a potential or the area wasn't limited to
44 units. There were other vacant properties that would have
relied on that single means of access. So the 44 units is
maybe a little bit misleading to say that the city had a
policy that only 44 units could be allowed on a single means
of access.
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F030795
#5d page 3
Woito/ So, I am sorry, was that your question whether the Dean
Oakes case requires you to apply 44 units as your secondary
access policy? Clearly the answer to that is no. I mean-
Kubby/ But that we have the ability to go down to that is what I
was thinking.
Woito/ Yes, you do.
Kubby/ But if we have a legal ability to go down that far?
Woito/ Assuming that the other factors have been taken into
account. Land use, density, topography, traffic count. You
know, the long list of factors.
Baker/ We can do that in RS-8 or RM-12, either one?
Woito/ That is correct.
Baker/ Bob, would you refresh my memory very quickly. The Oakes
case, was it a rezoning or subdivision?
Miklo/ That was a subdivision.
Woito/ Subdivision.
Kubby/ But the thing is is once-if we vote yes on this tonight and
it passes, Larry, we have committed to 72 units because the
CZA has that number in it.
Baker/ The way I read it is we have committed to a maximum of 72
units.
Pigott/ Total.
Throg/ It says it shall be limited to a total of 72 dwelling units.
I don't interpret that to be a maximum.
Baker/ If you want to put in a wording of a maximum of 72 units
under RS-8. Gene, could you respond to that?
Throg/ What I was going to suggest that we use-
Horow/ Gene, you will have to come up to the mic.
Nov/ That is the way I read limit. Limit means no more than.
Gene Kroeger/ I don't know how it reads but that is our intent.
Woito/ No more than.
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FO30795
#5d page 4
Kubby/ But last night when the question was asked in the
intervening week how negotiable are you at going down lower
than 72 to actually build and the answer is 72 is where you
want to be.
Kroeger/ 72 is where it economically is what we want to do and we
based that on several things. But we started with fitting the
number of car trips per day and we are willing to live with
the 72 units maximum at the whole parcel being zoned RS-8.
Kubby/ But what I hear Larry saying
which gives us the ability to
the platting process.
is the CZA says maximum of 72
further negotiate down during
Baker/ Yes. That is exactly the way I interpret this. That, indeed,
if four people on the council in the platting process can
negotiate something lower with the developer, if that is what
they want to do, this, the way I read it, gives us that power.
Pigott/ He may not want to do that.
Kroeger/ I am not an attorney. You are going to have to ask the
City Attorney.
Baker/ That is the maximum. You may say that is all you can live
with at RS-8 and fight that battle when we get there.
Woito/ The agreement would not bind you to build 72 units. It would
limit you to no more than 72 units.
Kroeger/ And that is what we are willing to live with and I don't
want to live with less but I am willing to live with that
maximum
Throg/ May I suggest a specific change in language that I think
that makes that more clear. See how this works with you. On
page 3, paragraph 3b, which is the top paragraph, the first
line where it currently says .... "shall be limited to a total
of .... "Change that to "shall be not more than a total of 72
dwelling units.,'
Kroeger/ Shall be not more than. I am willing to live with that.
Throg~ Shall be not more than.
Nov/ Says the same thing to me.
Lehman/ Says the same thing to me.
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F030795
#5d page 5
Woito/ If that is your limit. If that is your upper limit than that
language would do it.
Kroeger/ That is what we wanted and we are willing to limit
ourselves to that.
Woito/ Tha% would still permit them to come in at the subdivision
planning stage and ask for less.
Kroeger/ And we still will be applying for 72 units and you won't
have to take less.
Pigott/ No, that is not what that says. it says that we can-
Baker/ We are not guaranteeing 72 units right now. We are
guaranteeing them no more-
Woito/ Even with this language you are not guaranteeing him 72
units.
Kroeger/ Well, you are not guaranteeing you are going to approve my
plat.
Woito/ That is correct.
Kroeger/ But I am willing to say I don't want anymore than 72
units. I am willing to live with that and I am going to apply
for 72 units.
Pigott/ Right.
Lehman/ Linda, doesn't most of the discussion that we have been
talking about really come up at the subdivision level when we
talk about secondary access.
Woito/ Traditionally, yes.
Lehman/ We are really talking about really nothing more or less
than a zoning matter, changing from-Aren't we?
Kubby/ I disagree because we have this beautiful ability to have a
CZA where we can talk about some of those issues like the
maximum number of units. That we have the power now to at
least set those as guidelines that are different than what the
Zoning Code allows. So I think that it is not just a zoning
matter. I think some of these issues are trying to be
addressed here.
Woito/ It gives you the opportunity to negotiate at least some of
the things off the platter so you know what you are dealing
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F030795
#5d page 6
with at the subdivision stage. It gives you a little more
flexibility on some things.
Horow/ Any further discussion?
Throg/ Oh, yeah. I am in no hurry.
Nov/ This particular plot being zoned RM-12 is entirely incongruous
with the neighborhood. I just can't see any reason why we
should not zone it to RS-8. As far as the number of units are
concerned I think 72 is far less than RS-8 would ordinarily
allow.
Baker/ I don't see any advantage to us as a city or the
neighborhood~to leave it RM-12. Now the question is how much
do you want to get in exchange for the RS-8 now versus what
would happen if you couldn't get an agreement with the
developer on RS-8 under our terms and he says just leave it
RM-12 and we will negotiate a subdivision plat at the RM-12
density.
Kubby/ Tell him we will negotiate both times.
Baker/ Seems clear to me that we are in a better position to
negotiate a subdivision plat with a RS-8 agreement in place.
Nov/ I think so.
Lehman/ I agree.
Horow/ We have closed the p.h. If you have a question for council,
you may address a question for council.
Nicholas Chmaruk/ If you do go ahead and pass the rezoning, you
know with the objections and protests that are in, it will
require a super majority 6/7.
Horow/ Yes.
Chmaruk/ Okay. Now kind of extinguishing these concerns of the
community and their stated objections and putting that off
until a subdivision plat process at that time the
supermajority doesn't apply. You know all those objections
don't really mean squattilydit because all you have to do is
vote 4/3, right?
Pigott/ Sure.
Chmaruk/ Okay, so I think that the people protesting are at a
tremendous disadvantage in this case. To address it at the
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F030795
#5d page 7
current time, taking the consideration of being cognizant of
the traffic counts and the question is are you cognizant, are
you aware, you know, of what I said regarding the seasonal
change issue and what that does to the existing counts on
Dover Street right now.
Horow/ Thank you.
Lehman/ Let me ask you a question. Would you rather have this zoned
RM-12 or RS-8 and you know what can be put in on both? Which
would you prefer? I think you have made a convincing argument
for RS-8.
Chmaruk/ Even if it was RS-5 that only drops it down to 455. That
is not going to alleviate added traffic burden.
Lehman/ Which would you prefer, RS-8 or RM-127 That is the question
I hear.
Chmaruk/ As I discussed in my first statement when you weren't here
last week that you do have a copy of that statement. That if
there was secondary access we wouldn't have a beef.
Lehman/ Which would you prefer?
Chmaruk/ And so to put that kind of added traffic burden above the
1,000 when the seasonal high is going on is, you know,
dereliction.
Lehman/ I really share your concerns.
Kubby/ So in a sense the answer almost is no development there
unless it is developed as a cemetery.
Chmaruk/ Under RS-8 there is no special exception for cemetery
lots. There is under RM-12. That has over time significantly
more economic value than, you know, than putting into these 72
units.
Kubby/ But we have a developer who, if we vote this down, will come
back with the zone being RM-12 and we will be discussing this
same thing during platting but without the objection.
Chmaruk/ Okay and will you be trying to enforce that which is in
the comp plan that 1,000 trip per day issue. That is very very
important.
Kubby/ You need to convince more people to be hard core during the
platting. To give direction to staff and to P/Z Commission
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F030795
#Sd page 8
about what we want in terms of those safety guidelines during
the negotiating of the plat.
Nov/
I think Ernie has a valid point. Once the development is
finished and an individual property owner has to rebuild after
a fire, they do have have a right to build at RM-12 density.
We are not talking about a plat anymore at that point.
Horow/ We are not talkin~ about this council as well. Any councils
in the future will be governed by the underlying zone.
Kubby/ So what- I mean in terms of this I think for Bob or for
council or Linda, I am not sure for who. If we vote this in
for 72 upper limit, is that giving a message that 72 is
acceptable?
Throg/ I don't hear it that way.
Kubby/ Probably
we need to be more specific and directive.
Baker/ It is very clear that 72 is the maximum.
Pigott/ That is what it says, it is only 72.
Horow/ Right. And that is where we are right now.
Baker/ Is it feasible to develop at a lesser density, the developer
will have a choice here and if we can be acco~uodating (can't
hear). Either way we are going to face the same question,
either RM-12 or RS-8. I don't think we have to face that
question about secondary access tonight under this rezoning
because I don't think we are prepared to do that.
Kubby/ I think the advantage actually now that we talked about this
maximum number, somehow it makes it easier to deal with in
that the advantage of saying yes to the rezoning is that you
still can negotiate the actual number of units during the
platting but we have the language in there about the trails
and we have a lower density on the zoning. Those are two
strong advantages in saying yes.
Baker/ I think the neighbors concerns are absolutely justified.
There are a lot of traffic problems down there. One of the
ways we are going to mitigate the potential traffic problems
is a downzoning. It is, in lieu of no development, a
downzoning is the best thing that could happen.
Pigott/ Further more, especially since the developer's intention,
if we don't fezone it, is to come forward with the plat from
what we understood from last night. So, it is a mixed bag.
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F030795
#5d page 9
Nov/
I think if the neighbors are really very concerned about
keeping this undeveloped, they would have to purchase it and
I assume they have discussed that and decided not to do it.
Chmaruk/ What we would like to do is see the city live by its comp
plan that putting in 72 units you are willing to throw more
than a 1,000 vehicles on Dover Street. Then that is going
against your own com plan for traffic volume threshold. That
is the .issue. The issue, you know, I mean, the issue is
safety.
Pigott/ That is not the issue at all.
Chmaruk/ That is not an issue?
Pigott/ That is not the issue.
Lehman/ Not liere.
Woito/ You can't isolate one factor out of all that long list of
land use questions. You even discussed the Oakes case for
rezoning or platting. You have a list of land use factors and
that is only one of them.
Chmaruk/ But Jim Brachtel articulated, for your direct quote, you
know from last night.
Pigott/ Nick, you are right, this is a very big concern. It is a
concern. It is not the sole issue and I think that every
member of the council I have heard talk tonight is concerned
about that issue.
Chmaruk/ So you are not going to go beyond that 1,0007
Pigott/ People, on the council , don't-
Woito/ I suggested that was their option to make that legislative
decision that they weren't going to go beyond X number and it
still is their decision.
Horow/ All right. Council is considering the ordinance. This is
under discussion. Larry do you have anything else?
Baker/ I just want to make sure, do we need a formal motion
changing a wording about the maximum number of-
Woito/ No, I have already done it. It is administerial.
Pigott/ I just like to repeat that right now I feel that it is
probably better to rezone it to a RS-8 rather than have the
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F030795
#5d page 10
developer come to us with a plat and he said he is going to do
that if we don't rezone it. Um, and I do really like one of
the conditions of the CZA and that is the development of the
property dedicating the flood plain and participating with a
dollar limit. I think it was $5,000 we mentioned last night to
the trail.
Throg/ I have some observations, I guess. I have been kind of quiet
here listening. one thing I guess I would like to say is
someone made a reference to unethical behavior on the part of
the staff and I want to say there is no way our staff would
perform in an unethical way. There may be disagreements and
differing understandings about what staff did and so on. But
unethical, no way. A second observation is it strikes me that
owners of property have'certain rights. The owners of property
who live on Dover Street and the owner of the property
involved here and that owner under current zoning isn't
required to keep the property for cemetery use. That developer
can develop the property at essentially RS-8 with at least
somewhere around 72 units under current zoning. So, a couple
of other observations. On balance I think it is better to
rezone the property to RS-8 under the conditions stipulated
with the language we just toyed with rather than have the
developer come back to us with a plan for developing it under
RM-12 and RS-5 zoning or forcing development to go to the
periphery of the city. However, I would also like to urge the
developer and the staff and the P/Z Commission to take a very
close look at the exit onto Dover or whatever it is. I keep
getting confused about that- At teat exit and to pay careful
attention to the design of that exit during the platting
process. And also to consider in the planning a creative
design for the area that preserves open land on the east
central part of the property if possible. I know when you look
out from the backs of the houses on Dover, looking west, it
strikes me there is potential for some creative use of open
space there and I would like to encourage you to consider
accomplishing that during the platting process and I would
urge staff to try and work something like that out also. So-
Nov/ I have already said that I think that RS-8 zone is much more
compatible with the neighborhood. I prefer that to the RM-12.
Kubby/ I guess I have one last comment and that is if we want to
have less than 72 units I think now is the time to do it or at
least to have the maximum be lowered because I think that it
does give a message to the community even though technically
and I think there are four people who will look at that
number later. But I think if we know up front that 72 is going
to be too much for us, that now is the pivotal time to do it.
Because of all the other issues, I am probably going to
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F030795
#Sd page 11
support this with some hesitation but because I think the
underlying zoning is very important and the other points of
the agreement are fine with me and because of comments I have
heard here tonight, that I think there will be four people to
want to lower that number and I think that is important for
Gene to understand that before the vote. That this vote
doesn't mean that 72 is probably going to be acceptable for
this body and it is important for us to give that message very
clearly to P/Z Commission and staff. That with that
understanding I will support the rezoning with the conditions
on it.
Lehman/ I don't know that I necessarily agree with you, Karen, that
we wouldn't accept 72. I think that depends on the plat and
how it is laid out. More importantly I think should we not
vote to change the zoning, what we are really saying is that
the 1~4-12 is an appropriate zone. If I owned that property and
3-4 years from now I wanted to develop it under the RM-12, I
could come back to this and look at the records and say look,
this council said back in 1995 that RM-12 was correct because
they had a chance to change it. So I think it is very
important and I share the concerns of the neighborhood and I
think those concerns will come up when it comes to the
platting. But I think we will address those things and
hopefully to everybody's satisfaction. But I really believe
that it is the proper thing to do at this time.
Kubby/ Is there a public process during the platting process at the
P/Z Commission?
Miklo/ Yes there is. There is a sign posted on the property telling
the neighboring property owners when the P/Z Commission meets
and the P/Z Commission does take comments from the public at
that time.
Throg/ Signs posted on the property. Do property owners within 200
feet of the property also receive written notification?
Miklo/ We generally do not send any written notice on the
subdivisions. We can attempt to do that.
Throg/ Please do.
Nov/ I think if we were to notify Mr. Chmaruk, he would tell his
neighbors. I am sure he would.
Kubby/ But you don't need to make him responsible for the whole
neighborhood just because he is the spokesperson.
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F030795
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Horow/ I think this is an issue that any part of the city where you
have infill within the corporate boundaries of the city, you
value the input from the neighbors. You have to recognize what
they are going through and I appreciate the length for which
the developer has gone in terms of working with the staff and
P/Z and the neighborhood. Roll call-(yes). Consideration
passes.
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F030795
Agenda
Iowa City City Council
Special Council Meeting
March 7, 1995
Page6 O/N Wi/~TH H ./¢~
ITEIVI NO. 6- PUBLIC HEARING ON THE FILING OF/~,N APPLICATI E IOWA
DEPARTMENT OF TRANSPORTATION FOR FY96 IOWA I~OT STATE
TRANSIT ASSISTANCE AND FEDERAL TRANSIT ADMINISTRATION
FUNDING.
Comment: JCCOG will be filing an application on behalf of Iowa City Transit
with Iowa DOT for State Transit Assistance and Federal Transit Administra-
tion funding, The projects to be implemented include state and federal transit
operating assistance for FY96, the purchase of five 40' heavy duty accessible
buses, purchase of a heavy duty service truck, purchase of 13 replacement
driver seats, and purchase of 14 electronic fareboxes. The total federal
capital assistance being requested is $1,034,230, Any comments received
will be included with the application.
Action: ' ,)~.. ~'
ITEM NO. 7-
CONS,DER A RESOLUT.ON AUT.OR,Z,NG T.E F,L,N~ OF AN APPL,C~T,ON
W,T. T.E ,OWA DEPARTMENT Or TRANSPORTAT,ON FOR FV96,0WA
DOT STATE TRANSIT ASSISTANCE AND FEDERAL TRANSIT ADiVilNISTRA-
TION FUNDING.
ITEM NO. 8-
Comment: See preceding item,
PUBLIC HEARING ON AN ORDINANCE AMENDING TITLE ~, CH~T~
~CTtON ~, "~L~CTION P~ECINCTS" OF TH~ CIT~ COD~, TO A~ND TH~
BOUNDA~I~ OF TH~ VOTIN~ P~ECINCT~ IN IO~A CIT~ TO
PROPERTIES ANNEXED AND TO EXCLUDE PROPERTIES SEVERED SINCE
Commen~: The City of Iowa City has annexed five areas and severed one
area since the voting precinct boundaries were amended in 1993. The
proposed amendment would add the annexed areas to adjacen~ precincts an~
subtract the severed area from an existing precinct,
Action:
Agenda
Iowa City City Council
Special Council Meeting
March 7, 1995
Page 7
ITEM NO. 9 - PUBLIC HEARING ON AN ORDINANCE ESTABLISHING REGULATIONS FOR
SIDEWALK CAFES.
Comment: A copy of the proposed ordinance is attached to the agenda as
well as memoranda from the staff. ~
Action: 2L~ / ~
ITEIVI NO. 10 - ANNOUNCEMENT OF VACANCIES.
, , /~/~ a. Previously Announced Vacancies.
'/~./'(~[ (1) Committee on Community Needs O~7~ncytof,llanunex
~~. ~t~;erm ending November 1, 19~5. (Maryann Denni~ resigned.;
z, ~ / ' ppointment will be made at the April 11, 1995, meeting of
~' ~~ the City Council. (6femalesand 4 males currently on the Commit-
s' ~ tee.)
ITEM NO. 11 - CITY COUNCIL APPOINTMENTS.
(1)
Consider an appointment to the Board of Library Trustees to fill an
unexpired term ending July 1, 1999. (Anne Hargraves resigned.)
(3 males and 5 females presently on Board.)
Action:
(2)
Consider an appointment to the Board of Appeals for a mechanical
professional for an unexpired term ending December 31, 1998.
(Dave W. Christine resigned.) (4 males and 2 females currently on
Board.)
Action:
(3)
Action:
Consider appointments to the Housing Commission to fill three
vacancies for three-year terms ending May 1, 1998. (Terms of
Roger Reilly, Benjamin Moore, and Jack McMahon end.) (2 males
and 2 females presently on Commission.)
....
~9 page 1
ITEM NO. 9 - PUBLIC HEARING ON AN ORDINi~NCE ESTABLISHING
REGULATIONS FOR SIDEWALK CAFES.
Horow/ Declare the p.h. open. Please sign in, state your name and
keep your comments to no more than five minutes.
Jim Clayton/ Hi, Reno Street, Iowa City. I have read your proposed
sidewalk care draft ordinance and I have measured and marked
sidewalks all over d.t. trying to see how the ordinance would
affect other businesses. Last council meeting I spoke to you
about some of my concerns and I visited individually one on
one with some of you. Most of us agree that the patient, d.t.
Iowa City, is ill. I am not saying he is terminal. I am not
saying he is critical but he is ill. Even the staff want to
give him antibiotics in the form of sidewalk cafes. No
diagnosis, just give him the medicine. While your motivation
to help him are good, your methods aren't up to date. Maybe
our patient is allergic to antibiotics. Maybe this will kill
him. Maybe it will make the problem worse. So we need to
examine the patient. How about a case history. Maybe some
market research about why many people that live in Iowa City
don't come d.t. They don't come to shop and they don't come
to dine. That might tell us what we need. Maybe we ought to
get a second opinion. We could go to another community. Ann
Arbor, Michigan has sidewalk cafes. Let's find out what their
ordinance is. Let's see if there are any other cities that we
could check with. Are there any model ordinances? This is not
just a one time treatment we are going to do here because what
we do is not just for what is there now. It is what we do to
d.t. for the future. Just because there is a restaurant there
today doesn't mean that won't become another kind of store
tomorrow or an art gallery today might not become a restaurant
tomorrow. I am totally opposed to any ordinance that
encroaches even one foot into zone one. That is the ten foot
strip in front of every store on the plaza. When you go out to
rent a store, you count traffic. If you are renting a store on
a street, you count how many cars go by. If you are renting a
store in a mall, they tell you you get a 1,000 people on the
first floor an hour and 800 on the second floor an hour. When
you rent a store like mine you count how many customers pass
your window and get an opportunity to look in and see what you
are doing. If you are on a street and the city by passes you
with a thoroughfare and goes around your neighborhood you are
probably going to have to move your store to get back into the
traffic pattern. If you build barriers d.t. in the form of
sidewalk cafes that sit on the public way, then any retailer
who is dependent on these window shoppers is going to lose
that advantage that we have where they can walk unimpeded from
store to store. Now some of you picture families eating
dinner, having a glass of wine. But I see a table of six thugs
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F030795
#9 page 2
who are post-adolescent and they are drinking the night away
with two for one specials or long necks by the six packs. And
you know when I checked the D.I. the next morning, I never see
anyone arrested for overeating. I suspect the truth would fall
somewhere between these two extremes. We should all remember
though that customers tell about bad things that happen to
them to about ten people and usually when something good
happens to them they only mention it about once. I would like
to request that you send this back to the staff, get some
people involved who have an interest or an investment in the
d.t. I am just one businessman and I have got several comments
about your ordinance. All you need to do is ask. Please, I
will tell you. You could also include some of the people who
said originally they might like to go outside with their
restaurant. They should study the ordinance, they should
collect information, find out if anybody would even go out
under these terms. I have talked to 4-5 and they said no way
am I going to go and the ordinance is not done being written
yet. Conduct a formal survey of d.t. businesses. Conduct a
survey of people on the street. University of Iowa business
class might take this on as a project. A market research
project for d.t. Iowa City. Each year some of those classes do
one store d.t. where they go through your advertisement and
your marketing and they make some really valuable suggestions.
We could maybe get their help. I am not here to question your
desire to help d.t. I do question some of your priorities.
Perhaps this reinvention and restructuring of the d.t. could
involve both the city government and the business community
and set a precedent for some cooperation and coordination in
the future. Thanks a lot.
Throg/ Jim, do you have any idea why no one else is down here to
speak tonight at this p.h.?
Clayton/ No. No, not for lack of trying on my part. The President
of the DTA is out of town. There were 2-3 other business
owners that I would depend on to come in a situation like this
who were also out of town. I was suppose to be out of town and
changed my plans so I could be here to speak. I don't think
most of them know what is going on. Your City Clerk was kind
enough to put a notice in the paper indicating to people that
this was an important decision and that it would affect
businesses from 9:00 to 5:00. The only thing it should have
been it would affect businesses from 9:00 to 10:00 because a
lot of us are open five and even six nights a week d.t. So it
would affect us all of the time.
Horow/ Anyone else care to address council on this issue?
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F030795
#9 page 3
Woito/ Do you have specific comments, written comments, you can
give us?
Clayton/ No I don't have-I just have notes on the ordinance. I
would be happy to turn them into written co~uments and pass
them on to you.
Pigott/ That would be great. That would be very helpful.
Woito/ I would appreciate that.
Kubby/ There are a couple of suggestions that Jim just made.
Horow/ Someone wants to speak.
Doug
Hoskins/ 1012 Burlington Street. I wasn't planning on talking
when I came down here. This is my first meeting ever. I just
wanted to come and check it out. But I just wanted to respond
to his comment. I don't think it is going to bring out the
thugs of Iowa City, first of all. I don't know of any of the
restaurants here in town that would, if there is people being
obnoxious out in the sidewalk cafe they are obviously going to
dispose of them, get rid of them, not allow them to come back.
Another thing is it doesn't seem to be that there are a lot of
restaurants that this is going to apply to. And I was confused
about the eight feet clearance. Is that you can only come out
eight feet for the building or do you have to have eight feet
to get by?
Pigott/ Eight feet to get by.
Hoskins/ Eight feet to get by. See, so then, when you have a lot of
those buildings out there have structures in the middle where
they are not going to allow eight feet to get by. I don't
think, I don't know, I just don't think that it is going to
hurt the d.t. I honestly don't believe, especially during the
summer time that there is a mad rush that people are going to
need more than eight feet of room to get by to walk by a store
and I don't know, I think the co~umunity atmosphere is would be
well represented. That is about it, I guess.
Throg/ Thanks for coming, Doug.
Pigott/ Is there anyway that and I heard what Jim said about 2 for
1 drink specials? 25 cent beers. A lot of people are concerned
about that in the co~umunity and I was wondering is there any
way that we can either negotiate or put in terms of any
ordinance limitations on offerings like that or whether we can
talk about it in terms of a committee of people because what
I would be interested in doing is forming people, a group of
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F030795
#9 page 4
people. I think Jim is right, maybe not enough people have
talked about the issue. Not just business owners who have
restaurants but business owners in the d.t. area that don't
have restaurants who feel that they may be impacted one way,
positively or negatively, by this. To talk about some of those
issues. If there is ways we can handle those 2 for 1 drink
specials and maybe there are not. If so, then I would
encourage us to investigate that. And for the reason I would
like to see us continue the p.h. on this for say another month
so that we can get some people that are d.t and is interested
together to look at some of the issues that Jim raised that
are of concern to people. I think there are legitimate
concerns here. So, I don't know-
Nov/
I think continuing the p.h. is certainly reasonable. I think
some of the concerns that have been exposed tonight are
concerns that I share. For example, we are defining
restaurants and we are saying that they must offer food to
people at these outside tables. But we have no sales
requirements for food. They can put the menu in front of
people and people can still say I am going to sit there and
drink beer all night. We have to some how say that these kinds
of things are going to be required, not just offered.
Pigott/ Can you do that?
Lehman/ I don't think you can do that.
/I think you have to somehow say that-
Kubby/ Order a meal?
Nov/ No, you have to say that your sales outside include at least
50% food or 60% or whatever the number we come up with.
Horow/ I think the enforcement of that would be just as difficult
as the enforcement of no 2 for 1.
Pigott/ In any case, it is a concern worth talking about.
Nov/
I think we have to talk about this. I think that we have
currently written this ordinance we are not including
something like Great Midwestern or Freshens Ice Cream because
they don't have the kind of menu that we described. They don't
have an over, for example, or all these other restrictions
that we have described and Freshens, as a matter of fact, is
serving outside.
Woito/ They qualify as restaurants. They qualify as a restaurants.
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F030795
#9 page 5
Lehman/ They are on private property, too.
Nov/
Freshens is currently serving on private property. But if they
put out a couple of extra tables and they were on public
property, they don't fit the description in the current
ordinance. And the Java House or any other coffee house does
not fit the description of the current ordinance and certainly
if we are going to say that outside tables should be allowed.
Why not allow the coffee shop or the ice cream shop?
Kubby/ I think the bigger concern is some place that does a lot of
bar business that is also considered a restaurant. I think
that is probably a bigger concern. For example, the Field
House.
Nov/ That is my bigger concern because-
Woito/ Just add coffee house or-
Nov/
We are not saying that they are required to sell food. We are
saying they are required to offer food. We have had this
discussion about bars in the past. At one point there was a
requirement that they had to show food sales. They had to keep
records. They had to prove it. This requirement doesn't exist
anymore and the unobstructed 8 foot path is going to be
difficult because there is going to be a tree or a bench or
flower bed somewhere in the path. So to find not only an 8
foot path but an 8 foot path where you don't have to walk
around a tree is going to be difficult.
Woito/ It is possible, though. I mean, we did sort of a little
around the town tour. Several of us and David Schoon's intern
actually did all of those markings, measurings. It is not
impossible. It is possible. That is your call. With respect to
Bruno's question, it is a very good question and I have to
look at state law in terms of whether that preempts us from
putting additional imposition on the liquor license. Although
in terms of the plaza being our own property, it seem to me we
would have a little more leeway. And of course you could
request it in the agreement whether you put it in the
ordinance or not.
Pigott/ You may be able to negotiate.
Woito/ The restaurant and the bar owner or the Java House or
whatever could agree to that regardless of their liquor
license.
Pigott/ And we could have or maybe we could or maybe we couldn't.
But I guess it is a question. Could we establish a policy that
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F030795
#9 page 6
that might be something we use to approve because under this
ordinance the city council would approve or disapprove each-
Woito/ We could just require it in the agreement.
Horow/ Is there a motion to continue this?
Lehman/ One other point, is it possible and I really think we have
to address the issue of sidewalk cafes and the offering of
alcoholic beverages. I would like to see us address those
separately. Right now if you are walking on a sidewalk with a
glass of beer in your hand or sitting on a bench, you get
arrested because it is against the law. And I think we have
got to somehow get some kind of reconciliation with the
problem as to why it is against the law to sit on a bench and
have a glass of beer now and we have a cafe it is okay to sit
there and get 2 for l's.
Pigott/ I don't think it is okay for someone to get 2 for l's at an
outdoor cafe but I.don't think that there is necessarily, if
you construct an ordinance properly, a problem with a person
having a glass of wine in an outdoor cafe.
Woito/ Ernie, the difference is that the state law recognizes that
the outdoor care would be an extension of the liquor license
premises as long as you have a diagram and show what they are
and the requirements that we have boundaries, you can have so
many square feet.
Lehman/ You step outside the boundary with your beer and you are
breaking the law.
Woito/ Correct, you would be, that is right.
Lehman/ I would like to see us at least address this thing in two
phases. One the care and the other serving alcohol outdoors.
/ Can we do that?
Pigott/ I would rather have us do it all at once.
Throg/ If you mean perhaps sidewalk cafes without necessarily
providing liquor or alcohol and then having a second issue
having to do with liquor or alcohol. I wouldn't want to do
that.
Kubby/ The other thing I would like to ask staff to do is to get a
hold of Ann Arbor if you already haven't I think Minneapolis
might have one. Just to get a couple of midwest people who are
dealing with the seasonal issue. I don't know why that would
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F030795
#9 page 7
necessarily be different but just in case it is and we have
already covered that. And I know from what Jim told me earlier
that Ann Arbor ordinance has that 8 foot r.o.w. along the
building. The sidewalk ¢afe is 8 foot away from the building
so you don't have that issue of having to go around that cafe
to go to the adjacent window to window shop or go in the
building. Ernie was talking about that, too, basically saying
the outdoor cafe will not be on zone 1. Go out and mark that
and see what does that do. It would be interesting to get city
staff people, d.t. businesses and a restaurant oriented uses
and non-restaurant oriented uses and some customers and do
those markings again, both ways, to see if, you know, really
would this work for anybody. But if it would only work for one
restaurant, why are you doing this. Maybe it is okay to do it
for one. I don't know. And although that argument is kind of
weak because, as Jim said, the uses change. So, I like the
concept. I think antibiotics is strong words.
Pigott/ I like the analogy. I do. I thought it was good.
Kubby/ I like the analogy. It hit home. And so in a certain way it
asks a bigger question of what are things that would help make
d.t. even stronger than it is to get people who have chosen
not to be d.t. to come back d.t. I think things like the
Friday night series does that kind of thing. I personally
think sidewalk cafes, if done and marketed correctly, could be
something that could bring some people d.t. because I hang
d.t. a lot.
CHANGE TAPE TO REEL 95-39 SIDE 2
Kubby/ And I think it is really hard to know without that market
steady and I don't know if we are up at the point to doing
something like that. But I guess my request would be to slow
down a little bit. Get a greater diversity of people involved
in looking at the specifics and all of the issues. That staff
has very nicely dealt with concerns as they have come up. But
to go out there and market in zone one, out of zone one. Get
Ann Arbor's ordinance and probably, more importantly, talking
to a cafe owner in Ann Arbor or a city council person or
administrator in Ann Arbor to say what are some problems been,
what are the benefits of this ordinance to your city. Find out
how we could prevent some of those problems or write in some
the things that would create more benefits.
Horow/ Karen, I think that the occasion that we have going to these
small communities or university communities caucus at the
National League of cities in Washington, this issue can be
brought up.
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F030795
#9 page 8
Kubby/ Although, I think, when I am in Washington, there are larger
issues that I am probably going to be-
Horow/ I think so, too, but if-
Kubby/ When I am chit chatting in a food line I will bring it up.
Pigott/ If you are hanging in an outdoor cafe.
Kubby/ Exactly and there are some.
Horow/ Idea in terms of when you would like to continue this.
Kubby/ The meeting after the 28tho
Pigott/ Can we do it the meeting after the 28th or indefinitely?
Which ever the majority would like.
Karr/ April 11.
Pigott/ I would favor convening a group
owners in the restaurant business
together to discuss this. I think-
of people, both business
and outside of it to get
Throg/ I would like to make a couple of observations, too. In the
past, I have talked with many people down on the pedestrian
mall who would like to see outdoor cafes available. But they
are potential clients. They are not property owners or
business owners and I would like to have staff to find a way
if there is somehow to make it observable to them that we are
considering doing this. So that means maybe posting a sign or
a few signs down in the pedestrian mall. Something like that
that doesn't have to be signs. Some way of providing
notification to those kinds of folks. The second thing I am
wondering about it has to do and maybe David Schoon can answer
this. It has to do with the list of something that appeared in
our packet that included sidewalk widths and I honestly
couldn't tell why the firms on that list appeared there. Some
of them were restaurants, others were Lind's Printing and an
old Goodyear and I was confused. So, what was that all about.
Schoon/ Last week we had a morning to send an intern out to do some
measurements along sidewalks. We asked him to go out and to
measure the maximum widths in the minimum widths.
Throg/ Just random locations along the street?
Schoon/ Right. He tried to pick areas where there was the minimum
width and the maximum widths.
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Throg/ Fine, thanks for your work.
Karr/ Also, if we could follow up on that. He went the next step as
Jim had outlined and said we don't know that these are always
going to be restaurants. So he felt that it was important for
you to know. For instance, some that were not currently
restaurants that may have been vacant or may-
Throg/ See, I remember asking for the map that identified the
locations of parcels that could be used as sidewalk cafes.
Karr/ Correct.
Throg/ David gave us the map of the CB-5, CB-10, CB-2 zone and then
we got the listing.
Karr/ Karen also asked for the width of the sidewalks.
Throg/ Yeah and that is good. So I was going through the list and
being confused about what I was looking at because I didn't
see Giovanni's. I didn't see the Field House. I didn't see the
Kitchen. I did see Goodyear.
Karr/ We just didn't have the time to do every restaurant in a
week.
Throg/ I understand that, right. So, maybe next time.
Nov/ Speaking of time. Is there time to send copies of the proposal
to restaurant owners in the CB-10 zone?
Karr/ All the CB zones or just the 10.
Nov/ I think just the 10 for now. Just, you know, to get some
comments. Send out the proposal and say please comment.
Throg/ Why not restaurant owners in all of the affected zones?
Kubby/ Why just restaurant owners? Other people are affected.
Pigott/ That is Jim's point when he came down here was to talk
about the other businesses.
Horow/ We are st~11 in a p.h. We have got one more person who would
like to make a comment.
Bill Macrum/ I have been outside interested, I am looking in here
but San Antonio, where I live, has been very successful in
cafes, sidewalk cafes, throughout the city. As a matter of
fact, d.t. San Antonio in the evening is striving heavily and
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F030795
#9 page 10
a lot of it has to do with the farmer's market that they have.
But sidewalk cafes and coffee and it seems to me most all of
these places are well posted whore they are serving liquor.
You have to stay on that premise. There is a map that shows
you where you can drink your beer or where you can't drink
your beer. I tell you and Ma'am, you may know someone the city
there. I think it would be good information to talk to the
lady-
Karr/ Talk to Norma.
Macrum/ I think this has just been amazing successful-
Karr/ Norma Rodriquez, the City Clerk in San Antonio, Texas.
Macrum/ I didn't sign in the first time I spoke. Thank you.
Woito/ Maybe you should suggest the river walk as well.
Karr/ I might also clarify. I did, a week ago, I did follow up with
the DTA President, John Murphy, and I also called the Chamber
and in their newsletter that will come out between the 8th and
the 10th, will be a blurb on the hours of operation, the
proposal and also the Chamber office will be distributing
copies and have copies available there. We just couldn't get
it in any sooner.
Gerry Ambrose/ 2915 Dubuque Street, N.E. And the reason I am here
is someone told me about this about 4:30 this afternoon. I
think the reason why a lot of the restaurant owners are not
here is I don't think they know about this meeting. So I think
that is why you have such a low turnout. We are in the process
right now of purchasing a bar/restaurant d.t. on Iowa Avenue
called Metro which we intend to do a major renovation. The
idea of the outside care appeals to me a great deal. And Iowa
Avenue which I think is probably one of the saddest looking
streets in d.t. Iowa City. And we have put together a group of
people to approach you about replacing the sidewalk which is
another issue. But I think that Iowa Avenue would benefit a
great deal from this and a sidewalk dimension on Iowa Avenue
is 20 feet with no obstructions such as parking meters. All
you have to do is go to d.t. Boulder and you will realize that
this is a good idea and d.t. Boulder looks like dot. Iowa City
and I understand there is a reason for that. I think it may be
the same architect was involved. But I think this is an
excellent idea and I think the city council should go for it.
Horow/ Is there a motion to-
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#9 page
Kubby/ I have one more. I have another question. On page 3 of the
ordinance, there is a section in here about the number of
permits and use limitations excluding sidewalk cafes. And I am
not clear as to why that is in here.
Karr/ That is from the present code dealing with use of the
sidewalk for other commercial purposes such as sidewalk sales
and other uses that currently go through the City Manager's
office.
Kubby/ So, why is it in this ordinance?
Karr/ Because we are adding the provision for sidewalk cafes to the
same section of the code. So what we are doing is we repealed
the whole title or chapter and replacing it back in in its
entirety.
Kubby/ So, is this the same as what we currently have?
Horow/ Yes.
Karr/ Yes, with the exception of excluding sidewalk cafes language.
Yes.
Kubby/ But the two day limit on the permit-
Karr/ Is exactly as it reads right now.
Kubby/ Aren't sidewalk sales longer than two days long?
Lehman/ Yes.
Kubby/ So how do we allow them to be out there?
Arkins/ The sidewalk sales are usually what, Thursday, Friday,
Saturday. That is correct. Three days, right.
Kubby/ So, how do we allow it? Our code says two.
Woito/ Gee, his discretion has gone beyond that?
Arkins/ I haven't the foggiest.
Kubby/ I am not suggesting that we should-I don't want to bring
this up to suggest that we should do the two.
Nov/ Can we change it to three?
Woito/ We should.
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F030795
#9 page 12
Kubby/ We should make it how we want it to be.
Helling/ A little bit of history. It use to be two days. Sidewalk
sales use to be two days when the ordinance didn't allow it at
all. We change the ordinance to make the exception and it was
written in as two days and I think since then the sidewalk
sales have expanded to three days.
Kubby/ And that seems acceptable to the community so I think we
should.
Woito/ Change it to three.
Horow/ Oh well. I will try once again. Sure Why not.
Doug
Hoekine/ Definitely the idea about researching it are very
good. The two for one shot deal that could be a big concern
with people getting out of hand. Another place you can look is
right here in Iowa City at the Holiday Inn. They do have
outdoor, they have the patio which is good during the summers.
So, take a look, maybe ask them. I don't know of any problems
that they have ever had. I am employed at Chaunceys down
there. We didn't have any problems with it last summer. I
believe it expires at 10:00 PM what we have now currently for
that patio. The time limit is good, too, for keeping people
under control I think. 9:00 or 10:00.
Throg/ I wonder if we could also send a copy of the draft ordinance
to John Lohman, the Student Government Association. I know
Bruno and I have spoken with John about this and he would very
much like to be able to participate in the conversation but I
am sure he doesn't know about the ordinance.
Horow/ I appreciate the work that the staff has already done on
this because it does represent a lot of hours.
Kubby/ There was one other zone that allows restaurants that does
not have the set back and that was the OR zone, the Research
Office zone.
Pigott/ Residential Office.
Kubby/ Yeah, Residential Office which is something we might want to
look at as well.
Horow/ All right, we are back to a motion for deferring this.
Kubby/ To April 11.
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F030795
#9 page 13
Nov/ You sure you don't want to go a little later than that to
really-
Pigott/ We can continue it after as well if we would like. So, it
would be good to get the progress report as well that way.
Horow/ Moved by Pigott, seconded by Throg. Any further discussion?
All those in favor signify by saying aye (ayes).
Kubby/ And Jim, you will get a written thing of your concerns to
the City Clerk?
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F030795
#9 page 14
ITEM NO. 10 - ANNOUNCEMENT OF VACANIES
Horow/ I would like to ask that we discuss this, the CCN vacancy,
when we discuss the City Council Appointments under Housing
Commission if no one would mind because the two are connected.
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F03079§
#11(3) page 1
ITEM NO. 11 - CITY COUNCIL APPOINTMENTS.
(3)
Consider appointments to the Housing Commission to fill
three vacancies for three-year terms ending May 1, 1998.
(Terms of Roger Reilly, Benjamin Moore, and Jack McMahon
end.) (2 males and 2 females presently on Commission.)
Horow/ Council discussed this and the recommendation was made that
we hold off making the appointments to the Housing Commission
until the proposed merger of CCN and the Housing Commission is
completed.
Nov/
I would like us to extend the current terms of the three
people who are going to have expired terms on May 1. If we
extend them by 60 days we don't make new appointments, and
then they can merge these commissions and the staff has also
requested that the CCN vacancy be deferred. So if we extend
those three terms and then defer all of this we can take care
of it later.
Kubby/ I would like not to extend them yet. I would like to wait
and see if we come to a conclusion about whether we should
merge these two committees or not before we do that and if we
don't have that decision made yet, later on extend the terms.
Horow/ Okay, does anyone else have any comments about-
Throg/ The terms begin on May 1.
Horow/ Yes.
Nov/
Yes and I had discussed this with staff saying certainly we
can get this done by May 1. But I was told no, it takes longer
than that and so the compromise was to extend 60 days beyond
May 1.
Horow/ Anyone else have any other comments on this?
Baker/ Karen, would you clarify. You want them for the full three
year terms?
Kubby/ No, I'm saying to not appoint and not extend the current
appointment. Keep the current commissioners on until May 1 as-
Baker/ The current commissioners, the same three here?
Horow/ Yes.
Throg/ That is about seven weeks.
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F030795
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Horow/ They are in their period right now of allotment.
Pigott/ Allocation.
Horow/ Allocation.
Nov/ The two commissions are planning to meet together in April but
the final merge will not be done before May 1.
Throg/ I agree with you, Naomi.
Baker/ I think I agree with Karen but I am not sure that I
understand.
Nov/ It happens to people who weren't here yesterday.
Baker/ (Can't hear).
Kubby/ Do you want me to re-state it?
Baker/ Please.
Kubby/ To not appoint people tonight and to have people who are
currently on the commission have their terms not be changed so
they would end May 1, 1995.
Horow/ And what would happen if they have not completed their
merger of the two groups by then?
Kubby/ By then. we will either have merged or not made a decision
yet but will probably know what direction we are going and we
can either not appoint someone, appoint someone, or extend
their term.
Horow/ But with this proposal you would just extend there terms by
60 days.
Nov/ There seems to be no real doubt that these committees plan to
merge and-
Kubby/ We have never talked about it so I have no way of agreeing
or disagreeing.
Horow/ It has to do with the fact that the funding-
Kubby/ There may be good reasons to do it.
Horow/ All right. Let's take a vote on this.
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F030795
#11(3) page 3
Throg/ And there is only a difference of, am I right? You are
suggesting 8 1/2 weeks. You are talking about 7 weeks. Is that
kind of what it boils down to? What are we voting on.
Horow/ Are there four people who would care to extend the terms by
60 days?
Pigott/ No, I would not.
Nov/ Actually Jim, your count is a little off because if we extend
the terms 60 days beyond May 1, you are dealing in more weeks.
Baker/ Legally, is this a problem?
Woito/ I don't think your by-laws anticipate extending a term
unless- I haven't looked at them and I don't know who you
talked to, Naomi.
Nov/ Marianne.
Woito/ Did she look at the by-laws?
Nov/ I don't know.
Horow/ In the absence of not having-
Woito/ Ordinarily I don't think most by-laws anticipate extending
a term. So I don't know that that is an option. I am sorry you
spent all this time on it.
Horow/ In an absence of it, can a council cannot extend their
terms. And if the people are agreeable to doing it?
Woito/ Ordinarily one would change the by-laws before-
Pigott/ There is not prohibition?
Nov/ The by-laws are going to be changed in some way anyhow.
Woito/ Yes, I would assume between now and May 1 you will decide
something as Karen suggested.
Nov/ My concern is these kinds of things will not be decided by May
1.
Pigott/ Which kinds of things? The merging?
Nov/ The merging, the new by-laws, the new resolutions which create
new commissions and my first thought was go ahead and do it.
We can get it done by May 1. It is not that big of deal. I was
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F030795
#11(3) page 4
told yes, it is a big deal, no we can't do it by May 1.
Therefore I was proposing that we just extend these terms
rather than appoint new- Certainly by June 1 or July 1 all of
this is going to be a dead issue.
Woito/ What you are suggesting is just reappoint them and if you
want to lop them off in 60 days you will by merger or some
other action? I mean that is what you are-
Kubby/ But it may not be these three people that are the people who
leave the cowmission upon the merger and in which point I just
rather not-
Woito/ In which case you should just do nothing.
Kubby/ I would like us to not appoint and not extend. Are there
four votes?
Throg/ I would agree. I change my mind.
Horow/ Are there four people to agree to this.
Nov/ Deferred to the first meeting in May or something like that.
You have to defer to date specific.
Kubby/ We are not deferring. We are just not appointing.
Pigott/ We are not deferring and not appointing.
Baker/ Don't we need to have some sense of when we would make an
appointment.
Nov/ I would like to have a date.
Baker/ I don't have any problems with it considering the
circumstances unique to this particular committee with the
other (can't hear).
Kubby/ So what is the meeting before May 1.
Karr/ April 25.
Baker/ Okay. As long as we just don't let it sort of float.
Horow/ But how many weeks do we have to have an open advertisement~
Karr/ We normally advertise 30 days but this situation you are
deferring the appointment. You have already met your criteria
of advertising 30 days.
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#11(3) page 5
Horow/ Okay. So, April 25-
Karr/ Is the council meeting prior to May 1.
Horow/ All right. Is there is motion to defer appointments for both
the Housing Commission and the CCN whatever form these take.
Baker/ (Can't hear).
Horow/ That is right. Moved by Kubby, seconded by Pigott.
Woito/ And this is only #11(3)?
Pigott/ That is right.
Horow/ That is right.
Nov/ And this will be the 25th?
Horow/ 25th of April, right. All those in favor signify by saying
aye (ayes). Now taking #10(a). No, let me continue on #11.
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F030795
Agenda
Iowa City City Council
Special Council Meeting
March 7, 1995
Page 8
(4) Consider appointments to ~he Planning and Zoning Commission to
fill two vacancies for five year terms ending May 1,2000. {Terms
of Kenneth Cooper and Ann Bovbjerg end.) (3 males and 2 ~
females presently on Commission.) ,.~,,~/ ~,/~,~,~
Action: :/~AZ/~/~ ~' ~ ~ ~ ~
ITEM NO. 13 - REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY.
a. City Manager.
b. City Attorney.
ITEM NO. 14 - RECOMMENDATIONS OF BOARDS AND COMMISSIONS.
a. Consider a recommendation of the Board of Appeals that the City
Council approve new bylaws.
Comment: At their meeting of December 5, 1994, the Board of Appeals
voted to approve a new set of bylaws and forward them to the City
Council for adoption. This matter should be referred to the Council
Rules Committee for recommendation. Minutes of the December 5,
1994, meeting were inc!uded on the Consent Calendar of the February
28, 1995, Council meeting.
Action:
#11(4) page 1
ITEM NO. 11 - CITY COUNCIL APPOINTMENTS.
(4)
Consider appointments to the Planning and Zoning
Cor~mission to fill two vacancies for five year
terms ending May 1, 2000. (Terms of Kenneth Cooper
and Ann Bovbjerg end.) (3 males and 2 females
presently on commission.)
Horow/ Last evening the council recommended approving Ann Bovbjerg
and in discussing it with the four of you, you also agreed to
Lea Supple, 2010 Grantwood Street.
Throg/ Whoa, wait a minute. When did we have that discussion?
Kubby/ Individually.
Horow/ The instructions last night were people to come back to me
before the meeting.
Throg/ I don't remember that instruction. What I remember was
hearing that we were suppose to talk with the other applicant.
Kubby/ To attempt.
Throg/ I did talk with the other applicant. I don't remember any
conversation whatsoever about getting back with you before the
meeting. I don't remember. Does anyone else-
Horow/ Then I will have to listen to the tape because I asked-
Pigott/ No, no. Maybe we can run through this process.
Let's talk about it and Jim has a proposal and we
what it is.
Why not?
all know
Horow/ No, we don't all know what it is.
Pigott/ Yes we do. We talked about it last night, Sue. Talked
about-
Horow/ We did instructions to talk with the candidate and agreed he
didn't have that many problems with both candidates. He felt
uncomfortable. He had not talked with the candidate. No one
had. And the charge was for you to get together or to at least
phone the candidate. I also know that I asked you to tell me
before this meeting began whether or not you wished to hold
back on the appointments or to go ahead. Now, if you don't
recall that, that is okay.
Throg/ I do not recall that instruction. So I would like to bring
some issues onto the table. My first suggestion is that we
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F030795
#11(4) page 2
defer action on this appointment instead of doing what you
just said. I did speak with one of the two candidates last
night and I have no doubt whatsoever but that she is a good
person but I don't want my remarks misinterpreted to mean
otherwise. She wants to be on the Commission out of a sense of
service to the community and that is terrific. I admire that
and want to reinforce it and encourage it. Wonderful. But she
also knows very little about P/Z matters. Very little about it
and I think if she were here she would probably say that that
is true. Not does she know anything about the recent debates
that have been taking place about how this community should
develop. Nor was she familiar about the debates as discussed
in the newspaper over the past year and a half. Or the League
of Women forum on growth that was held in January and I think
we need to give ourselves time to seek more candidates, more
diverse array of candidates that will- not candidates,
applicants, that will enable us to consider the appointment
more thoroughly. And I think it's really important, this
particular commission, this appointment to this commission, I
think is the most important, it's the most important
commission we make appointments to in my judgement. All right.
And I think we need to appoint someone who has experience with
zoning changes, in other words has gone through some of the
debate over zoning changes like Meadow Lane, like Weebet
Harlocke, like Green View or any other of the controversial
issues like anything along Kirkwood. Someone who has
experienced that and has a sense of what's at stake when
people disagree about how to develop a piece of property or
whether to develop a piece of property. I think also we need
to have to, need to appoint someone who has been following the
policy debate on an important issue like how the community
should develop. And that we ought to appoint someone who has
a sense of the bigger picture of what's at stake with regard
to how we develop the community, and though the applicant is,
I'm sure, a very fine person, I don't think she, based on the
conversation I had last night, I don't think she meets those
criteria. And to say one other thing, I know there's at least
one other applicant out there who's not filled in the form
okay so she's not met the deadline, I understand that, but
there's at least one other person who's interested in applying
for this particular vacancy. Do we know who she is. Have we
talked about her. No. So I'd like to suggest that we- or I'd
like to move that we defer action on this particular
appointment.
Horow/ Is there a second?
Kubby/ How would you feel about deferring just one of the vacancies
and voting on one?
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F030795
#11(4) page 3
Throg/If We can do it legally, I'd support that.
Kubby/ Are there any legal problems?
Throg/ I'd amend my motion to-
Kubby/ I would therefore second it.
Throg/ And associated with that is appointing Ann Bovbjerg as
proposed.
Horow/ Let's take one thing at a time.
Throg/ Yeah. I wanted to be clear about it.
Horow/ There has been a motion by Throg seconded by Kubby to defer
the appointment.
Kubby/ No.
Horow/ The appointment with the exception of Ann Bovbjerg. All
those in favor signify by saying aye (Pigott, Throg, Kubby).
Opposed same sign (Lehman, Horow, Nov, Baker). It does not-
what was your-did you vote? Okay.
Throg/ Did we have a discussion, then?
Karr/ I am sorry, was that 3/4?
Horow/ 4/3.
Karr/ It was 4/3-3/4?
Pigott/ 3/4, right.
Throg/ Sue, we didn't have a discussion of the motion. I mean I
raised some points. It would have been good if somebody
responded.
Baker/ It is very uncomfortable because you have done something
that I don't think we certainly have done publicly before and
as much as your opening statement said do not misinterpret
what I am saying, you just said this person is woefully
uninformed and ignorant on any issue and that is a damning
statement.
Throg/ I don't mean it that way. Whoever is watching on T.V., don't
misunderstand me. I do not mean it that way.
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F030795
#11(4) page 4
Baker/ I don't see how there is any other way to interpret that
statement.
Throg/ We didn't have the conversation last night. How could we
have it otherwise.
Baker/ What conversation?
Throg/ Well, last night, when we discussed
didn't discuss it thoroughly because some
with the applicant. Right?
the appointment we
of us hadn't talked
Horow/ Right.
Throg/ We didn't decide last night whether to make the appointment.
How else are we suppose to come to a decision? Either is a
work session or in a meeting.
Horow/ I guess I certainly have looked at the application. I talked
with the Chairman of P/Z who has talked with the person,
explored the person's background. We certainly did not talk
about the criteria that you were talking about this evening.
I haven gotten on P/Z, I know that I am not the only one on
P/Z that did not know P/Z ordinances, was not aware of the
whole big picture.
Kubby/ But you were involved in the issues.
Horow/ I was involved in one issue and Jim's desire right now is
for something that I happen to disagree with him in terms of
the whole big picture. I think you have-a P/Z Commission
member has to take the issues as they come, has to work hard
on each one of the issues and send us the best recommendation
they have. I just disagree. I think no one person would have
the qualifications-
Pigott/ I am not so sure that that is true. I think if I were given
a choice of a number of different applicants, I would
certainly look at them and when I talk to them ask them about
their background and certainly, I think, Jim's concerns are
concerns that I would have, too. So, I don't disagree with
thinking those terms. I don't think that I would make all of
my decisions on who I appointed to boards and commission based
solely on that criteria. But I do think that that criteria is
a factor in decision making. So I don't think it is in and of
itself-
Baker/ All of your concerns, Jim, are absolutely legitimate
concerns and we would certainly hope that anybody that applied
to any board or commission would be somewhat versed about all
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F030795
#11(4) page 5
of the issues or major issues in front of that board or
commission. We have ppolnted, in the past on this council, I
a '
am sure, p~ople who were woefully ignorant of what they were
fixing to get into but who did respond out of a sense of civic
purpose. They chose various commissions who were they were
interested. This particular applicant chose two commissions.
P/Z was indeed. her second choice. I talked to
c~rtable with her. She is a w~ -~ }his ~omen I am
cnl±dren. She has plentu of ~ ~YL~;~' ~n~. 9as three grown
of ~he two boards that she ~--~^~ ~- _ y.nlng, I would say
equipped to serve on p/z ~%~u.~ur% she is probably better
Board because of the nature of her serve on the Library
· ' · profession. I have
some mlsg].v~ngs about that. Certainl--~--~-6~ enough to make me
hold it against her. But, you know when you put it in terms of
you didn,t get the kind of knowledge that you wanted for this
particular board and commission. Do we do this with every
board and con~mission appointment or do we just do it with this
one? This is a woman who is involved in the community,
intelligent woman. I don't know her personally. I think
another council member might know her personally. But she
applied for service on a city commission and as a
know on this particular commission I was extremely
disappointed we only had three applicants. One was a re-apply.
And I personally went out and tried to recruit for the
commission. I know members of the Commission itself tried to
recruit people. We had advertisements in all of the usual
places an,~ one of the disturbing responses I got back from
people when I talked to them about serving on this particular
commission is man, you have got to be crazy· They donlt even
get paid for going to 4-6 meetings a month. And that is part
of.the problem and I am very happy to support this woman. I
think something that appears
have been a case of not being to be a lack of knowledge may
prepared to respond to specific
ways. But I Wager if you started asking her or if I started
asking her more specific questions, I would get more specific
answers and quite obviously, I have talked to other applicants
for other boards in the last three months asking them about
why are you applying for this commission and indeed one the
applic- I will not say other appointments recently. I don't
want (can,t hear). But I have voted for people who I was
urpr~sed didn't know as much as I thought they should have
known. But I know them to be intelligent (can't hear) people.
Pigott/ Larry, it is '
interesting. My primary reason for supporting
deferring this is that there were only 2-3 applicants,
originally 3. And that on a board or commission so ~mportant
that, you know, maybe it is important to take that extra time
to spike the number of applicants that the people have
applied. That we go out and seek out more. I think criteria is
one that each individual councilor has different and I think
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FO30795
#11(4) page 6
we will disagree or agree on those. I support it because it is
such an important commission.
Lehman/ Sue, our process has always been appointing as soon as we
get an applicant that we get four people who will favor. We
appoint that applicant. I think last night we said let's call
this person and find out if we get four folks, then we have an
appointment. I think that is exactly where we are and I think
we should go on with it.
Baker/ I would be the first to admit that if we had narrowed the
choices and I was uncomfortable with the choices, I would be
voting to defer. But I am not uncomfortable with this choice.
Lehman/ I agree.
Nov/
I am comfortable with this choice based on some of the issues
that Larry brought up because I talked to this person at
length about the number of meetings and the hours consumed in
this and I said you have to be sure you are really ready to
dedicate this much time. And she did understand and she was
ready to dedicate the time. I think she has the ability to
learn and function on this committee and I really think she
should be appointed.
Pigott/ I don't oppose the appointment of this individual but I do
think that process dictates an examination of deferring this
because I think you are right. someone who demonstrates a
commitment to learning about the issues is a person that I
feel strongly I can support and someone who is willing to work
very hard, I don't have a problem with that. Jim's point about
deferring.the issue and talking to people and because it is
such an important committee is really, to me, the bigger issue
than this individual person, for me. And for me it is not the
person's qualifications. I don't feel that uncomfortable but
it is just the fact that it is such an important committee.
Kubby/ Is there anyone on the winning side of that deferral vote
who would move to reconsider that vote? Otherwise we should go
on.
Horow/ Right, we have already voted on this.
Throg/ I would like to thank each of you for planning your
response. I appreciate that very much and I also really want
to emphasize that I mean nothing derogatory toward the
applicant. Not remotely.
Kubby/ The vote that we are taking is not just about P/Z. It is
about the three appointments: The Library Board of Trustees,
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F030795
#11(4) page 7
the Board of Appeals and P/Z unless a council member wants to
take out P/Z appointments.
Horow/ That is true. Chair would entertain a motion to approve the
council appointments that we have so made.
Baker/ This includes what we do with the Housing Commission?
Horow/ Yes, it does.
Kubby/ That has been voted on.
Nov/ That's been deferred already.
Baker/ That has been pulled out.
Horow/ Right. Moved by Pigott, seconded by Nov (to accept the
appointments). Any further discussion. All those in favor
signify by saying aye (ayes).
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F030795
#10a(1) page 1
ITEM NO, 10 - ANNOUNCEMENT OF VACANCIES°
a. Previously Announced Vacancies.
(1)
Committee on Community Needs - One vacancy to fill
an unexpired term ending November 1, 1995. (Maryann
Dennis resigned.) This appointment will be made at
the April 11, 1995, meeting of the City Council.
(6 females and 4 males currently on the Committee.)
Karr/ Madam Mayor, excuse me, what did you decide on 10a(3)-that
you moved to 11(3) and then said you were going to discoss
that.
Horow/ Thank you very much. We didn't particularly vote on it. Are
back to item #10a(1) CCN.
Kubby/ I thought that was deferred.
Horow/ We did not take a vote on that. It was tied into Housing.
Kubby/ I thought that was the Housing Commission vote but maybe
not.
Nov/ We should remove this from our pending vacancies. The request
from staff was that this vacancy not be advertised any
further. Not appoint somebody to fill the vacancy.
Karr/ So, you are not deferring that appointment, you are removing
it totally.
Nov/ This is the recommendation.
Kubby/ So then if we decide not to merge, we need to bring this
appointment back.
Lehman/ Right.
Nov/ We would advertise it later.
Kubby/ And we can do that in that way, Linda?
Karr/ Could we have a motion to delete.
Kubby/ Motion to delete 10a.
Horow/ It has been moved by Kubby, seconded by Nov. Any discussion.
All those in favor signify by saying aye (ayes). Thank you.
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F030795
#12 page 1
ITEM NOo 12 - CITY COUNCIL INFORY~TION.
Horow/ City Council Information.
Lehman/ Very briefly, we received some information from one of our
grade schools about a wonderful project that is going on and
I think it is important that folks in this community be aware
of what their schools are doing because there are some real
real worthwhile projects that are human oriented. They are not
necessarily science projects or whatever. And I really think
that it behooves us to support those projects and to support
those kids.
Nov/ I think we should say what they are doing.
Horow/ Well, if we do it for one and we are going to have to do it
for all of them.
Kubby/ During my council time I will talk about what is happening
at Hoover School because I like being specific about these
things. We each decide different events that we encourage the
public to get involved in. Some students at Hoover School are
trying to raise some money for cystic fibrosis and muscular
dystrophy and what they have done is they got Hoover School
calendars that they are selling for $5.00 each and the money
will go towards research on these two diseases. So if you are
interested in supporting these kids in raising money for these
two causes, please contact Hoover School and get your $5.00
worth.
Nov/
I have to commend these kids because they are not only
supporting these causes. They are really doing some study and
they are understanding how people with these diseases are
living and coping and I think it is an excellent project.
Kubby/ And they are acting on what they have learned in a very
positive way. I think that is an invaluable lesson.
Throg/ I mention one thing, Sue. I had a wonderful time speaking
with the good people of Zion Lutheran Church Sunday morning.
We talked about the concept of sustainable development. Well,
we talked about it first in rather boring theoretical terms,
Larry. Thanks for asking. But we didn't stay there too long
for fear that the good church goers would fall asleep. So we
then shifted to the more practical and lively terms of the
kinds of issues we confront on council everyday. It was a kick
and I really want to thank the people of Zion Lutheran and
especially my friends Don Rinner and Connie Mutel for having
asked me to come. Thank you.
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F030795
#12 page 2
Pigott/ Well, I received a note today or yesterday from a
constituent in the city who was talking about her water and
sewage bills and I guess I would like to ask the City Manager
to tell me whether this is true or not and if it is true, I
would like to see us change it. At this time apparently the
city-the recipient of water sewage bills has 10-13 days to
remit the bill before the balance is considered past. This is
not the question. The city issues a late notice which is also
forwarded onto the landlords. This is specifically for
renters. And then, so, there is this 12 day period and most
utilities have about a 30 day notice it seems. So I wondered
whether or not that is something we could talk about sometime
and I don't know if that is true. If it is not true, you know,
maybe you can tell me later or now. And then additionally I
have heard that renters are currently required to fork over
$100 deposit which is not released for three years. I don't
know if that is true or not but I am not so sure-
Atkins/ After the meeting give me the name and address we can check
the account specifically.
Pigott/ I am not sure that the person is behind on their bills or
anything. But just that the policy itself seems onerous on the
renter and I would like to see us investigate that.
Baker/ (Can't hear).
Pigott/ I think it is both that this person was concerned about.
Kubby/ As a homeowner who has a $75 deposit, by the way. Do they
have the same three year thing because I think I got mine back
after a year and a half and I was really surprised.
Arkins/ You may have had some experience at another address. It is
an accumulative three years.
Kubby/ No other experience.
Throg/ How does this work? If you have been a renter for three
years you are suppose to get $100 back?
Kubby/ If you have paid your bills on time for three years you get
that deposit back. Three years in a row without any-
Atkins/ Often what will happen is it is returned to you in a form
of a credit on a bill. It will be reviewed, your bill. One bi-
monthly period will be dramatically lower. If you give me the
name and address I will check on that one for you.
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F030795
#12 page 3
Kubby/ The first question is really has nothing to do with the
specific and that is the remittance time is actually 12 days
or is it 30 days. Actually when we go to monthly bills, the 30
day thing would be fine it seems with our cash flow.
Pigott/ I don't know if it would be. If it would be-maybe we can
talk about changing into that.
Atkins/ It is shorter than that.
Woito/ It is 13 days and then they give a notice for shut off and
then the shut off is about five days after that. So it is
close to three weeks before the actual cut off.
Kubby/ Wow. That is pretty restrictive.
Horow/ You need to get to staff before hand so you can give out
accurate information rather than bits and dribbles.
Pigott/ It doesn't sound inaccurate.
Woito/ No. It is not inaccurate.
Pigott/ So, I guess what I am saying is I would like council to
consider, if this is a policy, that we look at both policies
and consider changing them. Not whether-
Woito/ It is in the ordinance. It is not just a policy.
Nov/ Yeah, we voted on the ordinance.
Atkins/ A long time ago.
Kubby/ We were focusing on a much larger issue.
Pigott/ We were. Weren't considering. It is not a good thing.
Atkins/ Give it to me at the end of the meeting, Bruno.
Pigott/ If not now, when.
Baker/ (Can't hear). I had two things. One, with council's
permission, I was wondering if we could get an update from Joe
Fowler about all of the parking ramp improvements, the
painting and stuff that we had agreed to.
Atkins/ The memo went out to you today.
Baker/ Did that memo include a discussion of-there were two things
that (can't hear)? One was the parking ramp maintenance.
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F030795
#12 page 4
Atkins/ Yes, that is in there.
Baker/ Also a subcommittee was going to be formed about outside
signage and sort of traffic flow direction.
Atkins/ Yes.
Baker/ Is that being worked on as well?
Atkins/ As far as the subcommittee, I don't recall that though. I
will check with Joe on that.
Baker/ If that is not part of the memo, I would like-
Atkins/ I had him prepare a summary memo on that issue. That should
have gone out to you if not today it should be out tomorrow.
Kubby/ The other thing that we talked about was just -those things
are kind of in this area of marketing. We have this resource.
We have this product or service, the ramps and d.t. and the
vitality d.t. How do we market those two things together more
effectively and Jim had talked about that saying let's give
staff leeway to be creative on that and I hope that that is
all part of it.
Atkins/ I can tell you the painting won't work. It won't work. it
can be done but the engineers recommended against it because
the building is not water tight and evidently you paint and it
will seep through and you will be painting it constantly. We
have got some other ideas. You can't seal it because evidently
it is designed to breath. As you can see, I am not an engineer
but it is in the memo.
Baker/ Go with the memo and go from there.
Atkins/ I am sure I will have some phone calls from some of you.
Kubby/ So, for murals we can paint on plywood and attach the
plywood to-
Atkins/ That is correct. You can do that.
Throg/ And there are ways to do it.
Atkins/ There are always to do it.
Nov/ Leave airspace between the plywood and the concrete.
Horow/ Anything else, Larry?
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F030795
#12 page 5
Arkins/ Breathe is my word. Engineers, I am sure, have some other
term.
Horow/ Mr. Baker has-
CHANGE TAPE TO REEL 95-40 SIDE 1
Baker/ It is at this point where I just cannot be at that meeting.
Horow/ It is a go. We can't-we are sorry you are not going to be
there and we wish like sixty you were but we don't have any
other dates.
Lehman/ Like we are going to miss you.
Pigott/ ~at does that mean? Wish like sixty. What is that mean?
Horow/ My grandmother always said that.
Pigott/ She said that, why?
Horow/ From upstate.
Baker/ It is University and Kirkwood spring break and I am
obligated to my parents in Texas. I haven't seen them in two
years.
Pigott/ You don't have to tell us that.
Horow/ Okay.
Nov/ And we assume that other days are not good either.
Pigott/ I am glad you are doing that.
Baker/ (Can't hear).
Kubby/ Well, if you want to put stuff in writing to have there or
talk with somebody.
Horow/ I think that this is probably a subject that we are going to
have to have another couple extra meetings on.
Pigott/ I think wish like sixty, too.
Horow/ All right, anything else, Larry?
Baker/ No.
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F030795
Agenda
Iowa City City Council
Special Council Meeting
'March 7, 1995
Page 9
Consider recommendation of the Housing Commission that an allocation
in the amount of 935,000 for LIFE Skills come from the City budget for
FY96.
ITEIVI NO, 15 -
Comment: This amount is not included in the FY96 budget as presented
for adoption under Item No, 18. If the. City Council approves this
request, the budget will be amended in July 1995.
CONSIDER A RESOLUTION AUTHORIZING THE ACQUISITION OF CERTAIN
PROPERTY RIGHTS IN CONJUNCTION WITH THE PROPOSED IMPROVE-
MENTS TO THE CITY'S WASTEWATER TREATIVlENT FACILITIES.
ITEM NO. 16-
Comment: The City of Iowa City must acquire property for the construction
of the Napoleon Park Lift Station and temporary and permanent easements
for the construction of the South River Corridor sewer and various relief
sewers. This resolution authorizes City staff to negotiate and the Mayor to
sign acquisition documents including condemnation if necessary, Every effort
will be made to negotiate acceptable agreements without resorting to
condemnation,
CONSIDER A RESOLUTION APPROVING A CHAPTER 28E AGREEMENT
BETWEEN JOHNSON COUNTY AND IOWA CITY FOR CERTAIN ROAD
IV1AINTENANCE PURPOSES.
Comment: As a consequence of the City's annexation of its wastewater
treatment plant site, Johnson County expressed concern. regarding the
maintenance of certain roads that provide access to the site, This resolution
approves an agreement for the maintenance of Sycamore Street from the
corporate limits to Sand Road and for Napolean Street from Sand Road to the
wastewater treatment plant facility access road.
Action: ~,/_~/~--~D~(,~_~2
#14b page 1
ITEM NO. 14 - RECOMMENDATIONS OF BOARDS AND COMMISSIONS.
Consider recommendation of the Housing Commission that an
allocation in the amount of $35,000 for LIFE Skills come
from the City budget for FY96.
Horow/ Moved by Kubby, seconded by Throg. Discussion.
Baker/ We always have this same discussion when we get these
recommendations. When we say accept it, is that the same thing
as consider it. Is accepting an obligation?
Kubby/ No, it means we hear you. We will talk about it at another
time.
Throg/ When are we going to talk about it.
Kubby/ I had requested when this came up during the budget time
that when we talk about the Public Housing Authority that this
discussion of what Life Skills does, what service that
provides and how to pay for it. We could talk about that then.
Nov/
And I would also like to talk about it after we have a new
director on that Authority. I think the decision should
involve that person.
Horow/ Right. All right, any further discussion. All those in favor
signify by saying aye (ayes).
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F030795
#15 page 1
ITEM NO. 15 -
CONSIDER A RESOLUTION AUTHORIZING THE ACQUISITION
OF CERTAIN PROPERTY RIGHTS IN CONJUNCTION WITH THE
PROPOSED IMPROVEMENTS TO THE CITY'E WASTEWATER
TREATMENT FACILITIES.
Horow/ Moved by Lehman, seconded by Nov. Discussion.
Baker/ Including condemnation if necessary, this comes back to us?
Arkins/ Yes.
Kubby/. W? talked last night about how much, if there are people
living on the property that we will be needing to acquire and
if so, what happens to them and what kind of obligation do we,
as a city, have to those people and I know we were going to
get a memo. Did we leave it that we are going to get that
information?
Atkins/ Yes, you instructed me to do that. That is what I
understood. To prepare a memo concerning relocation and
specifically identify any of those properties that might be
need to be acquired that could require relocation of a tenant
or any individual living on that property. I will spell that
out for you.
Kubby/ In a certain sense I do feel like this kind of information
is information I would prefer to have up front because if
there are people that will basically be removed from their
property, I think that is important for us to know when we
make decisions to do facilities-
Woito/ Chuck has that information.
Atkins/ But we can't be absolutely positively guaranteed until we
actually get out in the field and do the kind of work we have
to do.
Kubby/ Which of the houses is close enough that we do need removal
of the person living there or if they are far enough away. So
I guess even just knowing potential-
Baker/ That is why I asked the question about (can't hear).
Atkins/ It will come back to you and in fact, if you would like for
us to prepare something, I would rather have Linda do it
confidentially.
Kubby/ But it matters if some of that-It may not come back to us in
terms of the relocation because 1-there is no federal funds.
There is a couple of issues. One is if we do relocate, will
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F030795
#15 page 2
the city be involved in helping fund and coordinate that
relocation. It is not an obligation under law because there is
no federal moneys. The other thing is that if they are tenants
versus property owner the issues might be more complicated.
And we might not know about it because through the
condemnation process.
Baker/ But that is why I asked about the condemnation, if
necessary, still has to come back through us?
Atkins/ Yes.
Baker/ Certainly that would be (can't hear).
Kubby/ But if we negotiate and don't condemn then it wouldn't come
back to us. But we still don't know how many people are
potentially affected. So it wouldn't come back to us.
Atkins/ If it is okay, Linda will prepare the information and be
sent out confidentially where we could identify those
properties that we think might be in those circumstances.
Woito/ It is a very small number. We are not talking the magnitude
that we were before.
Kubby/ I understand but I still think the issue is important for us
to be aware of when we are making big decisions about Public
Works projects.
Woito/ It doesn't need to be confidential.
Atkins/ Well, my concern is discussion openly now may set into
motion some concerns on the part of people that are just not
justified until we are actually out in the field doing what we
have to do.
Horow/ I agree. I don't want-
Woito/ They have already been contacted.
Atkins/ I am thinking of any tenants in particular might not have
the same knowledge that the property owner might have as Karen
was pointing out. Okay.
Kubby/ To know the potential people and then get updated when we
know what properties we really need to do.
Woito/ Okay, we will do that.
Atkins/ We will prepare that for you.
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F030795
#15 page 3
Horow/ There is a motion on the floor. Any further discussion? Roll
call- (yes). Okay, resolution is adopted.
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F030795
#16 page 1
ITEM NO. 16 -
CONSIDER A RESOLUTION ~PPROVING A CHAPTER 28E
AGREEMENT BETWEEN JOHNSON COUNTY ~ IOWA CITY FOR
CERTAIN ROAD MAINTENANCE PURPOSES.
Horow/ Moved by Nov, seconded by Lehman. Discussion.
Kubby/ I had talked last night a little bit because we are talking
about maintenance of county roads by the city. About what our
policies will be about how we deal with ditches because we are
not used to dealing with that in the city and drainage ways
along the roadsides and my preference would be to use no
chemicals or to explore what the options are in how we
maintain the road and I don't know how much the answer to that
depends-will dictate my vote on this agreement or not.
Arkins/ A couple of things. As far as the ditch maintenance, I
would assume that Chuck through our Streets Department, our
Streets Division folks, would maintain it in accordance to
county standards because it is in the county. As far as the
use of the chemicals, personally it is a small enough area I
suspect we could write a contract with someone and cut the
weed as opposed to the use of chemicals. I don't find any
major concern about that. I do-I think we have to keep the
weeds down and the only time that we might have to use
chemicals I think is if we get poison ivy complaints and we
have always gone in and gotten rid of that.
Kubby/ I hope that we would ask for some help from the county's
roadside manager whose is an expert on how to take care of the
ditches using no chem or no-chsm.
Arkins/ That is fine.
Horow/ Any further discussion? Roll call- (yes). The resolution is
adopted.
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F030795
Agenda
Iowa City City Council
Special Council Meeting
March 7, 1995
Page 10
ITEM NO. 17 -
~/~
CONSIDEI~ A RESOLUTION CERTIFYING UNPAID MOWING AND OLEAN-UP
CHARGES TO COUNTY FOR COLLECTION IN THE SAME MANNER AS A
PROPERTY TAX,
Comment: This resolution authorizes the filing of a lien against properties for
unpaid mowing and clean-up charges. On February 24, 1995, certified letters
were mailed to each property, owner listed in Exhibit A notifying them of the
date for the Council's consideration of the resolution, After the resolution is
moved for adoption, property owners should be permitted to be heard
concerning the unpaid charges.
Action:
ITEM NO. 18c'- CONSIDER A RESOLUTION ADOPTING THE ANNUAL BUDGET FOR THE
_~5~' 5_~_ FISCAL YEAR ENDING JUNE 30, 1996) ~.~(~i.~ ,z/g~/.]? ,¢ f'r~e' /)(¢~//;'.~, /
Comment: A public hearing was heed on February 28, 1995, to receive
(~ public input on the fiscal year (FY) 1996 Operating Budget. State law
requires that the City adopt only a one-year budget. Council now proceeds
- ~ __ to adopt the annual budget for the fiscal year ending June 30, 1996 (FY96)
so that it may be ~ertified to the Johnson County Auditor by March 15,
· 'ifad/~(~,tt~ 1995, in the format required by the State.
'"' A ~'~'(' ~ l ~ // "' ' Acti°n: ~'~-~'/7~ dt.A ~.
,.,_., .,_ _
ITEM NO. 19 - CONSIDER A RESOLUTION APPROVING THE THREE-YEAR FINANCIAl' PLAN
~ 5 - 57~ FOR THE CITY OF IOWA CITY, IOWA FOR FISCAL YEARS ENDING JUNE 30,
1996, JUNE 30, 1997, AND JUNE 30,1998, AND THE SEVEN-YEAR
CAPITAL IMPROVEMENTS PROGRAM BUDGET.
Comment: A public hearing was held on February 28, 1995, to receive
public input on the FY1996 through FY1998 three-year Financial Plan and the
seven-year Capital Improvements Program. Council now proceeds to adopt
the three-year Financial Plan and seven-year Capital Improvements Program.
#18 page 1
ITEM NO. 18 - CONSIDER A RESOLUTION ADOPTING THE ~NNUAL BUDGET
FOR THE FISC~J~ YE~/~ ENDING JUNE 30r 1996.
Horow/ Moved by Pigott, seconded by Nov. Discussion.
Kubby/ I would like to request that two items on the Aid to Agency
section of the budget be taken out for separate consideration.
And those two items are the HACAP funding and the Free Medical
Clinic funding.
Horow/ Moved by Kubby, seconded by Baker to remove two items on the
Aid to Agencies, namely HACAP and Free Medical Clinic. Any
discussion?
Baker/ May I ask why?
Kubby/ The reason I am asking for it is that the City Attorney has
said that an individual who is on a non-profit board that is
there out of an involvement in the community as an individual,
it would be a conflict of interest to vote on their budget. I
am also asking for the HACAP that to be taken out as well
because I believe that though I am on there because I was
appointed by council to represent the city on the HACAP Board.
Once I am on the Board I still have the same responsibilities
on that Board no matter how I arrived on that Board. I am
still wearing two hats on that Board whether I am at council
reporting or whether I am at the HACAP. So, I would feel more
comfortable taking both of those items out.
Lehman/ When not changing any amounts. We are just considering them
separate.
Kubby/ Yes. And I will be abstaining during those votes.
Horow/ All those in favor signify by saying aye (ayes). All right,
back to the main motion adopting the annual budget for FY96.
Nov/ Before we vote on the budget I think we should give our thanks
to our Director of Finance and his staff for a job well done.
Horow/ Thank you, Don.
Kubby/ I did have a couple of comments about the main budget. We
have a total budget of $80 million so I think it warrants a
few comments. And it is a big chunk of money and it doesn't
come just from local property taxes but it comes from federal
and state revenue sharing, federal and state grant money,
fees, fines, private grants moneys, etc. I think it is
important to note that we were living under a property tax
freeze for a while. The freeze if off. This is the first year.
This represents only areasonebly accuratetranscription ofthslowa City council meeting of March 7,1995.
F030795
#18
page 2
You would kind of expect that we would really increase taxes
to try to catch up from that freeze. But we really haven't. We
are increasing taxes on-by 1/3 of 1%. Which for a $100,000
house is $3.93 more. I think we have been very conservative
with this budget. There are some things in the budget that I
really like that I want to highlight very briefly. The first
one is a city forester position. That will be funded by road
use taxes. So this person's main responsibility will be trees
in the r.o.w. This will, I hope, free up the Forestry
Department to do even more public education than they
currently do which is quite a bit actually. They are in the
schools a lot. It will also help us when we are looking at new
zoning regulations to protect sensitive areas and we are going
to need the forester's involvement when we are trying to
protect wooded areas and individual trees. The other thing
that is in the budget that I really like is funding for local
festivals and I know that there has been a lot of discussion
internally and externally with people in the community about
this. And I think I like us funding those activities because,
for me, they are a combination of economic development
activities and grassroots cultural identity activities and
that the city should be involved. I don't know that our
process was the best in doing that whereby we ended up asking
the CVB to accept a certain amount of money from the city,
$110,000, and to tell them that $10,000 will be earmarked for
two festivals. I think that may have caused some negative
friction between the Bureau and the Council and I hope that
that is not very long lasting and hope that we can do some
things conscientiously to try to reduce that through
communication. One of the things they asked us to do was to
talk with them about some long term financial planning with
the Bureau. I think we should do that. The other thing that is
in the budget that I want to emphasize is we have this thing
called the Fire Reserve Fund and what it is is a little pocket
of money that we add to every year so that we don't have to go
out and borrow every 15 years to purchase larger pieces of
fire fighting equipment which are very expensive. The last
time we bought one was $500,000 which it will be more
expensive the next time we do it. It was proposed to not put
any money in the Fire Reserve Fund this year but we are
putting it back albeit at a reduced rate than usual but we did
put $50,000 into that fund. And I think it is important to
point that out because when we are talking about the water
plant and pay as you go, here is an example of where the city
does usually for smaller purchases that are bigger than a pad
of paper, we do tend to want to pay as you go to reduce those
bonding costs. There is one thing in the budget that I do have
some concerns about. I am not sure how strongly I feel about
it but it is a big funding issue and that is accepting the
Crime Bill money. We applied for eight officers. For some
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F030795
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page 3
reason we received the ability to sign to get eight officers
and council has decided to sign that or I don't know what we
do to say we want those eight officers. But we actually talked
about taking less of them than eight. We talked about taking
five. I feel a little apprehensive about applying to the
federal government for a certain thing and then when they give
it to us saying well, we will take less. On the other hand I
don't know if we can afford or how we are going to afford the
five at the end of the funding period for the grant. And so I
am a little concerned about that. I do very much believe in
the concept of the police officers under the grant money which
is community policing. I think I would have felt more
comfortable saying let's do community policing in one
neighborhood and our police chief said that would mean three
officers. So that is the concern I have. Those officers will
cost the city $40,000 per year after that funding period.
During the funding period it will cost us the vehicle, the
training, the uniform costs. So it is not all free to us.
There are a couple of things that are not in the budget that
I would love to have in the budget as always. Some of these
things are things that I hope we will do in the future. One or
two of them I wish we would have done this year. And the first
one I wish we would have done this year is a 1/4 time employee
for the Senior Center. They have been asking for an employee
for a long time. I don't think that the judgement that council
is not giving them the employees they requested and they have
requested them over the years means that we don't have a
commitment to seniors or to the Senior Center. But I do think
that as our populations ages we are going to have more
obligations to provide services at the Senior Center and I
think we should start planning for those obligations and hope
that we can talk about that in more detail over the next year.
But in learning about the Senior Center Post takes 40 hours of
the volunteer specialist there makes me want to give them a
1/4 time employee so that the volunteer specialist can take
that 1/4 back, that 40 hours a month, use it to work on other
projects and have this 1/4 time employee work just on the
Senior Center Post with the volunteers that currently help
write it, design it, lay it out, mail it. The other item or
employee that I wish we would have funded this year was an
assistant traffic engineer and that gets funded through Road
Use Tax moneys and one of the frequent issues that
neighborhood associations bring up to us are different traffic
concerns. Wanting information, wanting traffic counts, wanting
to explore these issues of traffic calming in the
neighborhoods and as our city expands and more traffic are
going through existing neighborhoods, there is going to be
more and more issues of traffic and I think we are going to
need to deal with that issue. There were a couple of
maintenance items in the budget that I think we need to think
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F030795
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page 4
about funding. One is maintenance of newly acquired open
space. When we passed the Open Space Ordinance council did
make a commitment-made that commitment with the knowledge that
when we acquire this open space we need to maintain it. Over
the past eight years we have had 40% increase in new open
space with just a corresponding increase of 5% of staff. I
don't think that those numbers need to be exactly equal but I
think there is a huge gap there and next year I hope that we
will be looking at that more thoroughly. The other maintenance
issue is more money for maintenance of the central business
district. The pedestrian mall needs some work and we have a
commitment with having that be public space of maintaining it.
And it is starting to deteriorate. It has been there a log
time. It gets heavy use all times of the year. The last thing
I want to talk about that is not in the budget that I think
should be is a moderate salary increase for council members
and I think by asking for a salary increase I am not saying
that any of us will become professional politicians and live
off that meager increase. I had suggested $1,000 increase per
council member. I don't think it creates an incentive for
people to quite their job to join council. What I do think it
does is just provide a slightly larger small token for people
co~m~unity's service, which I do believe this is, that takes
time away from family and from your professional life whether
that be working within your home, working for someone else, or
working for yourself. There are three things that we are
looking into that I think is important for me to highlight and
that is the next item on the agenda is the CIP which we are
going to vote on but we haven't really discussed it in detail
because we are going to re-prioritize it in the spring and so
it doesn't do much good to haggle about it now because we are
going to talk about it later. The other thing that I am very
glad that we are going to do in the next year is that the
council has directed staff to initiate discussions with our
bargaining unit through the Labor Management Council to talk
about how to decrease our health care costs. How to contain
those costs and I think it is something that our employees in
the city and management can work really well together on to
decrease costs and we can certainly use those moneys for other
things. And the last thing, albeit kind of small but I think
could be exciting, is we are going to be exploring how to
connect into some HUD money for arts programming in
conjunction with our public housing. If we can get some of
that grant money, it might be a way of funding part of the
Johnson County Arts Center Outreach Proposal for trying to get
some public input and public excitement about public art and
we can do this through public housing. I think it could be
really exciting. So I look forward to seeing that information
that steve sent off for and hope we will apply and receive
those federal moneys.
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F030795
#18 page 5
Horow/ Thank you, Karen.
Nov/
I have to respond on behalf of the CVB since karen brought
that up again. That Board, which I am a member, has requested
that the city not give them that $10,000. They would prefer
that the city just donate to the festivals and not involve
them and I believe that is what we are going to do.
Kubby/ Then we talked about figuring out in the next year how we
are going to fund festivals, if at all. If there is going to
be a pot of money and there is some kind of application like
Aid to Agencies. So that is pending as well.
Horow/ It has to be explored. Anyone else care to comment on the
budget?
Baker/ (Can't hear) I want to make sure that it is clear that
funding for the arts (can't hear) right now is a one time
funding proposal with no obligation (can't hear). Having a
budget for that but that the public shouldn't see that as a
guaranteed continuing budget item right now. (Can't hear). The
second thing is (can't hear). I don't have the same depth of
experience that Karen has about the grant proposal for those
officers. When I talked to people in this city about the
budget that is one of the things that evokes the most
enthusiasm, especially in certain parts of town. In those
particular areas where people are really looking forward to
some additional (can't hear) in their neighborhood. When I
thought through that process my concerns was future funding.
(Can't hear) that showed indeed how we could do it within
present budget constraints and projected budget revenues
(can't hear). so I am less concerned about the future
obligation and hope that we do, indeed, get at least those
five officers. (Can't hear). Other than that I think staff is
to commended (can't hear) should be a model for a lot of other
communities as well.
Horow/ We have dealt with this budget over a long period of time.
I think what we have come out with is prudent for the size of
this city and where we are going. We looked at the ten year
history and the projections and that alone helps in terms to
determine how we are going to set up. Jim, were you going to
say something.
Throg/ Yeah, I didn't mean to interrupt. I did want to make a
couple of comments about the budget. I will be pretty brief.
It is a very complex document and I think it would be very
easy to sit outside of council or staff and imagine ways in
which it could be fundamentally changed. I could easily
picture myself doing that and yet I really hesitate to tinker
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F030795
#18 page 6
with it in any significant way here on the council because it
is very complex. I want to express an admiration to staff for
preparing it. I mean that is what you get paid for, you ought
to do it well, and I think you do. But I guess I am trying to
just let people know that it is a pretty darn complex document
and it is not the kind of thing you want to play with lightly.
And then I also want to make a comment about the Senior
Center's request for additional staff. I have supported the
Senior Center in the past. For example, in making the
difficult vote not to expand the ADP within the center. But in
this instance I am going to vote against authorizing an
increase in staff for the Senior Center. It might be needed in
some sense and if so it is likely to bs needed more as time
goes on, much as Karen has said. But there are lots of
competing interests for additional funding and there is also
pressure to constrain spending. You just don't get it, that
kind of stuff. We have to make a choice and today I choose not
to fund additional staff for the Senior Center. Next year I
would be much more likely to and the same is true for carrying
out the Neighborhood Open Space Plan. I think we need to be
directing additional staff in that direction. So, that is all
I have to say.
Pigott/ I would just like to say a couple of things. Most people
covered most of the big issues. At least the Senior Center,
the festivals-those have all been covered pretty thoroughly
but one thing hasn't been said and has been pretty admirable
as well is the fact that so many citizens came down and did
talk about the budget and fairly knowledgeably which meant
that they had gone through it and seen things that they liked
and disliked about it and talked to us about it. So I really
appreciate that and the second thing I just wanted to say was
I look forward to the prioritization of our CIP because that
is a really fundamental part of the whole process as well and
it is very important. So-
Horow/ Anyone else have anything else? Roll call- (yes). Great.
Nov/ Now we have to vote on those two that we removed.
Horow/ Right. The items on Aid to Agencies: HACAP and Free Medical
Clinic. Chair would entertain a motion to approve the
appropriations for those items. Moved by Throg, seconded by
Lehman. Discussion. Roll call- Approved with Kubby abstaining
on item HACAP and Free Med.
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F030755
#19 page
ITEM NO. 19 -
CONSIDER A RESOLUTION APPROVING THE THREE-YEAR
FINANCIAL PLAN FOR THE CITY OF IOWA CITYt IOWA FOR
FIBCAL YEARS ENDING JUNE 30t 1996t J~E 30t 1997~
AND JUNE 30~1998~ 16~ND THE SEVEN-YEAR CAPITAL
IMPROVEMENTS PROGRAM BUDGET.
Horow/ Moved by Nov, seconded by Pigott. Discussion.
Throg/ I guess that I would like to note that we are going to go
through the priorities with regard to the CIP and I very much
look forward to doing that.
Kubby/ We got a few comments from the budget process about specific
items in the CIP and when we get all the information about the
projects, if that is how we are going to do it, if those
letters get sent to everybody again so we have all that
information at once. Thank you.
Horow/ I was just going to comment that this is the Johnson County
Historic Museum, we did appropriate a three year budget for
them at what, $3,000?
Atkins/ Yes.
Horow/ We thought this is a stable amount. They can certainly come
in for reconsideration next year if they so choose.
Pigott/ I wanted to say just about the last vote, Free Medical
Clinic and HACAP. We talked a lot about Free Medical Clinic.
I just wanted to thank Ernie for his push on that and thought
that everybody worked hard on that issue. I wanted to
acknowledge Ernie as well.
Horow/ Anything else on item 197 Roll call-(yes). Resolution is
adopted.
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F030795
Agenda
Iowa City City Council
Special Council Meeting
March 7, 1995
Page 11
ITEM NO. 20-
CONSIDER AN ORDINANCE AMENDING THE IOWA CITY CHARTEaR,
SECTIONS 2.0688 (MAYOR), 2.08C AND 2.08E (APPOINTMENTS), 3.01A
(NOMINATIONS), 6.01 (LIMITATIONS ON THE AMOUNT OF CAMPAIGN
CONTRIBUTIONS) AND 7.04D (PROCEDURE AFTER FILING), AS RECOM-
MENDED BY THE CHARTER REVIEW COMiVI. (SECOND CONSIDERATION)
Comment: A nine member Charter Review Commission was appointed by the
City Council May 17, 1994. After review of the Charter, recommendations
were made to the City Council on non-substantive changes to the Charter.
A public hearing was held February 14, 1 995, and no one appeared. The
Commission and staff recommend adoption of this ordinance.
Action:
City of Iowa City
MEMORANDUM
DATE:
TO:
FROM:
RE:
March 3, 1995
City Council
City Manager
Work Session Agendas and Meeting Schedule
March 6, 1995'
6:30 P.M.
6:30 PiM.
7:00 P.M.
7:45 P.M.
8:00 P.M.
Monday
City Council Work Session - Council Chambers
Review zoning matters
Telecommunications: Legislative Issues
Council agenda, Council time, Council committee reports
Consider appointments to the Board of Library Trustees,
Board of Appeals, Housing Commission, and Planning
and Zoning Commission.
March 7, 1995
7:30 P.M.
March 13, 1995
CITY COUNCIL WORK SESSION CANCELLED
March 14, 1995
· REGULAR CITY COUNCIL MEETING CANCELLED
March 20, 1995
6:30 P.M. -
March 27, 1995
6:30 P.M.
March 28, 1995
7:30 P.M.
March 29, 1995
6:30 P.M.
Tuesday
Special City Council Meeting - Council Chambers
Monday
Tuesday
Monday
City Council Work Session - Council Chambers {TENTATIVE)
Discuss Economic Development Issues
Monday
- City Council Work Session - Council Chambers
Agenda pending
Tuesday
- Regular City Council Meeting - Council Chambers
Wednesday
Water Project Forum - Iowa City Public Library, Room A
PENDING LIST
Appointment to the Committee on Community Needs - April 11, 1995