HomeMy WebLinkAbout1995-04-11 AgendaIOWA CITY CITY COUNCIL
AGENDA
REGULAR COUNCIL MEETING OF APRIL 11, 1995
7:30 P.M.
COUNCIL CHAMBERS, CIVIC CENTER
410 EAST WASHINGTON
ITEM NO, 1 -
ITEIVl NO. 2 -
ITEM NO, 3 -
ITEM NO, 4 -
AGENDA
IOWA CITY CITY COUNCIL
REGULAR COUNCIL MEETING - APRIL 11, 1995
7:30 P.M.
COUNCIL CHAMBERS
CALL TO ORDER.
ROLL CALL.
SPECIAL PRESENTATIONS.
a. Presentation of Citizenship Awards to students of Grant Wood Elementa-
ry School:
(1) Ryan Albrecht
(2) Anna Dusterholt
(3) Jeremy Miller
(4) Joe Triplett
(5) BenWilke
(6) Jenny Wood
MAYOR'S PROCLAMATIONS.
Medical Laboratory Week - April 16-22, 1995.
Critical Care Awareness Week - April 17-22, 1995.
D.A.R.E. Day - April 20, 199~.
d. Week in which to document "Day in the Life of Johnson County" - April
21-27, 1995.
e. Infant Immunization Week - April 23-29, 1995.
f. Days of Remembrance of the Holocaust - April 23-30, 1995.
g. Volunteer Week - April 23-29, 1995.
h. Crisis Center Week - April 23-30, 1995.
CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR
AMENDED.
Approval of Official Actions of the regular meeting of March 28, 1995,
and the special meeting of April 3, 1995, as published, subject to
corrections, as recommended by the City Clerk.
b. Minutes of Boards and Commissions.
(1) Housing Commission meeting of February 14, 1995.
(2) Board of Adjustment meeting of March 8, 1995.
(3) Planning and Zoning Commission meeting of March 16,'1995.
(4) Civil Service Commission meeting of March 2, 1995.
(5) Civil Service Commission meeting of March 9, 1995.
Agenda
Iowa City City Council
Regular Council Meeting
April 11, 1995
Page 2
(6) Civil Service Commission meeting of March 21, 1995.
(7)
Committee on Community Needs (CCN) minutes for February 23,
1995 and March 6, 1995 and Joint CCN and Housing Commission
minutes of February 22, 1995 and March 7, 1995.
Comment: The 1995 Community Development Block Grant
(CDBG) and HOME allocation recommendations, the subject of
these minutes, will be discussed at the informal Council meeting
on April 10, 1995, and at the Public Hearing on April 11, 1995,
agenda item no. 9. These minutes, along with the CDBG and
HOME applications, are in the Project Resource Book.
(8) Riverfront and Natural Areas Commission meeting of February 15,
1995.
(9) Riverfront and Natural Areas Commission meeting of March 15.,
1995.
c. Permit Motions and Resolutions as Recommended by the City Clerk.
{1)
Consider a motion approving a Class "C" Liquor License for
Kennedy Investments, Inc., dba The Vine Tavern & Eatery, 330 E.
Prentiss St. (Renewal)
(2) Consider a motion approving a Class "C" Liquor License for Little
Donkey's, Inc., dba Panchero's, 32 S. Clinton St. (Renewal)
(3)
Consider a motion approving a Class "C" Liquor License for Care
Pacifico of Iowa City, Inc., dba Mondo's Sports Cafe, 212 S.
Clinton St. (Renewal)
(4)
Consider a motion approving a Class "A" Liquor License for Loyal
Order of Moose Lodge #1096 dba Loyal Order of Moose Lodge
//1096, 950 Dover St. (Renewal)
(5)
Consider a motion approving a Class "C" Liquor License for
Seasoh's Best, Inc., dba Season's Best, Inc. 325 E. Washington
St. (Renewal)
(5)
Consider a motion approving an Outdoor Service Area for Season's
Best, Inc., dba Seasoh's Best, Inc. 325 E. Washington St.
(Renewal)
(7) Consider a motion approving a Class "C" Beer Permit for Coastal
Mart, Inc., dba C Mart #1058, 606 S. Riverside Dr. (Renewal)
(8) Consider a motion approving a Class "C" Beer Permit for Thomas
E. Harris dba Harris Discount, 71 Commercial Dr. (Renewal)
Agenda
Iowa City City Council
Regular Council Meeting
April 11, 1995
Page 3
(9) Consider a motion approving a Class "C" Beer Permit for Chill &
Grill, Inc., dba Chill & Grill, 206 N. Linn St. (Renewal)
(10)
Consider a motion approving a Class "E" Beer Permit for
Nordstrom Oil Company dba Dubuque Street Handimart, 204 N.
Dubuque St. (Renewal)
(11)
Consider a motion approving a Class "C" Liquor License for
General Mills Restaurants, Inc., dba Red Lobster //759, 1069
Highway 1 West (New)
(12) Consider a resolution issuing Dancing Permit to Loyal Order of
Moose Lodge, 950 Dover St.
d. Setting Public Hearings.
(1)
CONSIDER A RESOLUTION SETTING A PUBLIC HEARING FOR
APRIL 25, 1995, ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION
OF THE 1995 ASPHALT RESURFAClNG PROJECT.
Comment: This project involves the asphalt resurfacing and the
chip seal of various streets throughout Iowa City, portions of the
Iowa City Airport, portions of roadway within the City Cemetery,
and First Avenue from Clear Creek to Fourth Street in Coralville
(please see attached memo). The Engineer's estimate for the total
project is $618,471.00. The airport portion is estimated at
$55,400.00 with funding through the use of an internal loan; the
Cemetery portion is $4,475.00 with the funding from the General
Fund. Coralville's share is approximately $77,865.50. The bulk
of the project ((;480,730.00) will be funded from Road Use Funds.
e. Resolutions
qs- 7q
(1) CONSIDER A RESOLUTION APPROVING IOWA CITY'S 1996
THROUGH 2000 STREET CONSTRUCTION PROJECT.
Comment: The Iowa State Code requires that cities receiving
allotments of Road Use Tax Funds submit a five (5) year program
of proposed street construction and reconstruction to the Iowa
Department of Transportation for their review. This report must
be submitted tothe IDOT by May 1 of each year. The report in no
way binds the City to these project or the timing, and modifica-
tions can be made. A copy of the report is attached.
orrespondence
(1) Letter from the Iowa City Area Chamber of Commerce regarding
the Chamber's position on the proposed industrial park.
City of Iowa City
MEMORANDUM
To:
Mayor, City Council and General Public
From: City Clerk
Date: April 10, 1995
Re:
Additions/Corrections to the Agenda
Consider a resolution authorizing abandoned bicycle sale to be held May
6, 1995.
Comment: This resolution authorizes the Police Dept. to auction
recovered bicycles which the Department has not been able to return to
the rightful owners. The Police Dept. generally has one or two such
auctions per year. The auction will be held on May 6, 1995, at 1:00
p.m. in the Chauncey Swan Parking Ramp, lower level.
Item No.4f(6)
Letter from Robert Opplinger regarding BBops Week.
Item No. 13c.
Consider recommendations from City Council Rules Committee:
(1) Consider a motion to amend the by-laws of all City Boards and
Commissions to allow combining of 6 months or less vacancies to a full
term providing this change did not conflict with the State Statutes.
Comment: At their March 27, 1995, meeting, the Rules Committee
unanimously recommended that the City Council direct all City Boards
and Commissions to allow the combining of unexpired terms of 6
months or less with a full term. Based on the minutes of the Rules
Committee meeting, the City Attorney recommends the following
language be incorporated into by-laws of all City Boards and
Commissions, providing however that the language does not conflict
with State Statutes relative to specific Boards and Commissions:
If a position/appointment becomes vacant by reason of resignation or
otherwise and results in an unexpired term the Council may choose to
fill the unexpired term in such a manner that the appointee shall
continue in the position not only through the unexpired term but also
through the subsequent regular term."
Agenda
Iowa City City Council
Regular Council Meeting
April 11, 1995
Page 4
(2) Letter from Amy and Michael Kolen regarding expansion of
Oakland Cemetery into Hickory Hill Park.
(3) Letter from Kdyn Drager regarding the recyling program.
(4) Letter from Kris Drager regarding expansion of Oakland Cemetery
into Hickory Hill Park.
(5) Memoranda from the Traffic Engineer regarding:
ITEM NO. 5 -
(a)
(b)
END OF CONSENT CALENDAR
Parking prohibition on the north side of Mayfield Road.
Parking prohibition on Jema Court.
PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA),
ITEM NO. 6 -
PLANNING AND ZONING MATTERS,
Public hearing on an ordinance conditionally amending the use regula-
tions of approximately 34.21 acres located west of Taft Avenue along
Court Street extended from RS-5, Low Density Single-Family Residential,
to CN-1, Neighborhood Commercial (6.93 acres), RM-12, Low Density
Multi-Family Residential (12 acres), and RS-8, Medium Density Single-
Family Residential (8.14 and 7.14 acres).
Comment: At its March 2, 1995, meeting, the Planning and Zoning
Commission, by a vote of 5-0, recommended approval of a rezoning
application submitted by Windsor Ridge Development Company, subject
to certain conditions. The Commission's recommendation is consistent
with the staff recommendation contained in the staff report dated
February 16, 1995.
Action:
City of Iowa City
MEMORANDUM
To:
From:
Date:
Re:
Mayor, City Council and General Public
City Clerk
April 10, 1995
Additions/Corrections to the Agenda
Item No.4e(2)
Item No. 13c.
Consider a resolution authorizing abandoned bicycle sale to be held May
6, 1995.
Comment: This resolution authorizes the Police Dept. to auction
recovered bicycles which the Department has not been able to return to
the rightful owners. The Police Dept. generally has one or two such
auctions per year. The auction will be held on May 6, 1995, at 1:00
p.m. in the Chauncey Swan Parking Ramp, lower level.
Letter from Robert Opplinger regarding BBops Week.
Consider recommendations from City Council Rules Committee:
(1) Consider a motion to amend the by-laws of all City Boards and
Commissions to allow combining of 6 months or less vacancies to a full
term providing this change did not conflict with the State Statutes.
Comment: At their March 27, 1995, meeting, the Rules Committee
unanimously recommended that the City Council direct all City Boards
and Commissions to allow the combining of unexpired terms of 6
months or less with a full term. Based on the minutes of the Rules
Committee meeting, the City Attorney recommends the following
language be incorporated into by-laws of all City Boards and
Commissions, providing however that the language does not conflict
with State Statutes relative to specific Boards and Commissions:
If a position/appointment becomes vacant by reason of resignation or
otherwise and results in an unexpired term the Council may choose to
fill the unexpired term in such a manner that the appointee shall
continue in the position not only through the unexpired term but also
through the subsequent regular term."
ITEM NO. 4 - CONSIDER ADOPTION OF THE CO~S~.NT C~LENDA~ ~S
PRESENTED OR AMENDED.
Horow/ We have an amendment to item # 4e received this evening. #4e
and 4f.
Moved by Nov, seconded by Throg. Discussion.
Nov/ I think you ought to mention some of these amendments.
Horow/ The amendment that came in on 4e. is there is an abandon
bike sale on May 6, at the Chauncey Swan Parking Ramp, lower
level. We have also set a p.h. (reads #4.d(1)). Any other
discussion. All right. Okay. Roll call- (yes).
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ITEM NO. 5 - PUBLIO DISCUSSION (ITEM8 NOT ON THE AGENDA).
Horow/ Public Discussion. This is the time when the items not on
the agenda. We ask you to sign in, state your name and keep
your comments to less than five minutes please.
Mike
Murray/ Two years ago my wife and I moved back to Iowa City
and purchased a house in the 900 block of Market Street. We
were told at that time by the neighbors that after a lengthy
battle with developers to keep the neighborhood residential,
they had been zoned RNC-12. The intent of the zoning as stated
in the zoning ordinance is to preserve and enhance, to
stabilize and enhance residential single family neighborhoods
in this area. Last Friday we were surprised when a developer
who had started the hassles began construction on a duplex.
Basically a duplex is to be constructed by building another
house on the back of an existing house. This duplex will be
six bedrooms, six bath, essentially rooming house. And this is
allowed by the strict letter of the code, however the intent
of the zoning being to keep it and stabilize and preserve
single family residential housing in the area is in no way
meant by this. If this is to be continued to be allowed, the
entire neighborhood will rapidly be developed over and the
intent of the code will be completely nullified. We are
concerned. We are not a NIMBY neighborhood. We have a half way
house on our block and we have no problems with that. We'd
just like to stabilize the neighborhood as stated in the code.
Thank you.
Kubby/ We talked about this a little bit last night. And do we
have- Karin's going to, maybe you can go over what we talked
about last night a little bit. I hate to just have that be put
and there be no sort of discussion.
Horow/ Okay but let's have the rest of the people who- Are you
addressing this issue?
Kathryn Wallace/ I'm not.
Horow/ Okay.
Wallace/ It's another one. Should I wait?
Horow/ If you'd wait just a minute, we'd like to address this
particular issue. Thanks very much. Is there someone else who
wishes to address the Market Street issue?
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Melissa Murray/ I'm Michael's wife. I am also concerned about
what's going on here. We have assumed that all this had been
resolved. That there wouldn't be any problems. Apparently
that's not so. We had anticipated having a family and raising
it there, but with all this traffic, with all this additional
people moving in, we do not feel like this is being stabilized
and that's essentially what we would like to do. We certainly
hope that you look into the matter. Thank you.
Horow/ Thank you. Karin Franklin? Would you please address this, or
at least reiterate what we were talking about last night?
Franklin/ When this property was rezoned to RNC-12, I can't speak
for the neighborhood as to what they understood. But as We
discussed it, the RNC-12 zoning allows single family and
duplex construction. Either new construction, additions to
existing buildings, or the conversion of buildings. What it
did was prohibit any further multi-family development in the
neighborhood which seemed to be the goal of the area. We did
a rather extensive land use study and found that it was
predominately single family and duplex and the idea was to
stabilize it in that state. I think what has happened is that
possibly some units that are constructed there have more
bedrooms and bathrooms than one might expect in a duplex. That
the housing is turning out differently from what the
neighborhood might have expected in terms of occupancy.
However what we were dealing with was the structures, the
single family and duplexes, that's what's permitted and that's
we understood was the desire. I don't believe that at any time
during the discussions we talked about going to just single
family or we would have rezoned it to RS-5.
Horow/ Is there anything that they can do now, since this obviously
will be constructed?
Franklin/ This particular project I believe, I don't know how
much progress has been made on this project, but if the
city council were to set a p.h. tonight to downzone this
property to RS-5 which would have to be the zone you
would go to in order to achieve only single family
because the RS-8 permits single family and duplexes as
does the RS-12. Setting that p.h. would set a 60 day
moratorium in the area for the issuance of any new
building permits and would suspend any existing building
permits that were contrary to the RS-5 zoning on which
substantial progress had not been made. Now one
qualification: the RS-5 zone has a certain minimum lot
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size in order to have single family which is 8,000 square
feet. I don't recall without going back through records
and looking at the work we did in terms of serving the
neighborhood. But I would presume that one reason we
looked at the RS-12 as opposed to RS-8 had to do with the
predominate size of some of the lots in the area. So that
would be one thing that we would have to consider in
terms of whether an RS-5, if you were to consider that
rezoning, is even feasible. However, you could set the
p.h., I believe, by motion.
Woito/ Yes. And it would stop construction.
Franklin/ It would stop construction of this project?
Woito/ Yes.
Franklin/ Okay, it would stop construction of this project. We
would have 60 days in which to evaluate that zoning proposal.
It would go through the P/Z Commission, come back to the
council, the council would have to make the decision within
the 60 days.
Kubby/ The other thing we talked about last night was that the most
you can have, the most unrelated people you can have in the
current zone is four. Two unrelated people living there and
two roomers.
Franklin/ In a s.fo house. In a duplex, you can have two unrelated
by side, two unrelated and one roomer. So a total of six in
the total structure.
Kubby/ Is the property owner clear about that part of our zoning
code?
Franklin/ I can't speak for the property owner. I don't know.
Kubby/ So
not,
have
we don't know if that has been talked about because it is
in that zone and that part of town, it is not usual to
one bathroom per bedroom.
Franklin/ In older houses which is typical of that part of town, no
it is not. It is not typical to have one bathroom per bedroom.
However there is nothing that we regulate in the code now in
terms of the ratio between bathrooms and bedrooms.
Kubby/ I don't think I am interested in doing that but I am
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F041195
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interested in making sure the property owner understands how
many people can live, unrelated people, can live in a s.f. and
a duplex unit in that zone.
Franklin/ Given the fact that they are looking, as I understand it,
three bedroom units here. That would indicate to me that they-
it is likely they have an understanding in terms of the
roomers.
Kubby/ Oh, it is not six on each side, it is three on each side of
the duplex?
Franklin/ That is right.
Nov/ Karin, if this were a different zone, if it were RS-8 or RS-5,
couldn't they still have three unrelated people?
Franklin/ Yes, that is correct.
Kubby/ But they wouldn't have the duplexes.
Franklin/ If it were RS-5 they would not be able to have a duplex
but you could still have three unrelated people. You could
have a unit with three bedrooms and three bathrooms.
Lehman/ What is the definition of a duplex?
Franklin/ Two units.
Lehman/ Just two units regardless of the number of bedrooms?
Franklin/ Yes. We don't control the number of bedrooms except
indirectly by parking.
Baker/ And Karin, as far as you know, there are no other additional
rooms in that duplex like two kitchens so it looks?
Franklin/ I am not intimately familiar with the plans for this.
Baker/ You just know it is three bedrooms.
Woito/ The building plans have been approved by Ron
would not approve kitchens in a duplex. I mean
permitted.
Boose so he
that is not
Baker/ Just one common living area and three-
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Woito/ Only one kitchen per duplex.
Baker/ Except for the bathrooms it is basically the standard
duplex.
Franklin/ The issue of a unit, particularly a s.f. house moreso
that a duplex, of being used in essence like a rooming house
is a difficulty in terms of how we can control it because we
don't control the number of rooms in the house. A house can be
built with five bedrooms and it is a s.f. house. How can we
say how it is going to be used in the future. We don't know
who is going to rent it.
Nov/
There have been some homes that were originally built for a
s.f., were converted to rooming houses and then were purchased
and converted back to s.f.
Franklin/ Certainly. Yeah. The only way we can deal with it is by
occupancy complaints and we talked about this last night and
the difficulties of that. we are required to give 24 hours
notice before we can go in for an inspection. So if we receive
a complaint about occupancy, we have to give a notice and we
then go in and there is that opportunity for the situation to
be rectified temporarily. Jim-
Throg/ Two questions. One having to do with the RS-5 possibility
that you just raised. If the developer of that particular
piece of property is in compliance with the RNC-12 zone with
regard to the building is currently doing, I would assume he
would have legal recourse if he initiated a downzoning after
he had already started construction in compliance with the
RNC-127
Franklin/ Well, it hinges on this language about progress.
Substantial progress being made under the building permit that
has been issued. And my understanding , Linda correct me if I
am wrong, is that the determination has been that substantial
has not been made on that building permit as of this
afternoon.
Woito/ The question of substantial progress having been made for
purposes of moratorium is clear. Whether after you stop the
project for 60 days, downzoned it, whether they would have a
case for deprivation of invested property right is going to be
very fact specific. We don't have those facts in front of us.
Horow/ So that is a chance that this council would take.
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Woito/ That is a chance you would take.
Franklin/ I would like to clarify, too, that I didn't intend to
propose that RS-5 is the solution here.
Throg/ Second question has to do with parking. What is required
with regard to parking in this kind of situation?
Franklin/ A duplex is required to have two spaces per unit. Now, if
there are roomers, one is required to have a half space for
that roomer. So if you had three unrelated individuals in each
side of the duplex, you would need to have a total of five
parking spaces.
Horow/ And what would this do to the alley way that goes through
that area now? Would that alley way remain just an alley way?
Would it have to be paved? What would be the-
Franklin/ The alley would remain as it is unless the city council
chose to pave it for some reason.
Horow/ We would not pay for that. The owners of the property would
be assessed for that?
Franklin/ No. We would not require the alley to be paved.
Horow/ Right. But if it were, who would have to pay for it?
Franklin/ That would be the choice of the council.
Horow/ Assessing the owners or the city itself.
Franklin/ That parking for this project, assuming that there is
enough space in the rear yard, could access the alley
directly.
Baker/ Okay, you say their building permit has already been issued
for this project?
Franklin/ Yes.
Baker/ In that process the permit requires, as I understand, that
they have to delineate on the plan itself their parking.
Franklin/ Right. So they have laid out the number of parking places
that they think are relevant or required for their project. We
don't know if it is four spaces or five or more.
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Woito/ I have an outline of a lot but I didn't have survey do the
plot plan.
Baker/ If they have turned in a plan for four parking spaces.
Franklin/ We are assuming that the building permit was issued
correctly and I think with all of the phone calls and debate
that there has been on this that Ron Boose has probably
checked if numerous times to make sure that there was no
mistake made. So, I haven't looked at it personally.
Baker/ I understand. I just wondered. If, indeed, he has already
turned in a plan with five parking spaces clearly marked on
the plan? He has not?
Franklin/ Four.
Murray/ I looked at the plans and the parking is not clearly
delineated on the plans. It is shown as a possible future
garage but nothing is clearly indicated on the plans as far as
I could tell about where the parking is intended to be.
Kubby/ And what is being passed around now is the plan that is
filed with the city? Is that correct?
Pigott/ Is it the blue ink area that you are talking about?
Nancy Carlson/ The area that is shaped here like a B, like a large
and small B.
Horow/ May I ask who you are please?
Carlson/ I live at 1002 E. Jefferson. I am one of the neighbors and
I went down to the permit department and obtained a xeroxed
copy of this so that you could look at it. The area that is
shaped like a B that is sort of outlined is the lot in
question. The small rectangle that is outlined is the proposed
addition to the existing house. The rectangle just to the left
of it as you are looking at it with a X through it is a
proposed two car garage that they are talking about building
at some later point. They don't have the money to do it right
now. But that is what I was told.
Horow/ So there is an existing garage in the center of this.
Carlson/ There is an existing garage right now that faces Jefferson
Street with a driveway going up to it.
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Nov/ And as I understand it, if they do not build this garage right
now they have to at least have a concrete pad on which to
park. They can't say you can park on the street. They have to
provide somewhere to park even if it isn't a garage.
Carlson/ Yes-
Nov/ I am saying yes, it is so.
Horow/ Where is the alley way on this design?
Carlson/ The alley way would be right up at the top.
Throg/ It appears as though there is a question as to whether this
particular project is in compliance with the Code with regard
to parking. Just on the surface it appears there might be a
question about that.
Lehman/ Wouldn't that have been addressed in issuing the building
permit?
Baker/ That is what I was thinking.
Kubby/ If it is not I assume that it could be rectified.
Woito/ I having been talking to Doug Boothroy and Ron Boose since
last Friday and he has checked it numerous times? I don't what
outstanding questions there would be for purposes of zoning.
Throg/ So he checked it and found it to be in compliance?
Woito/ Yes. And Sarah has checked it, Karin has checked it. Melody
has checked it.
Baker/ In compliance for what? Is it four spaces for a duplex? Or
five spaces for a duplex?
Woito/ The question for you is whether you want to consider to
downzone it and stop the progress of the building.
Horow/ What is your pleasure?
Woito/ Or if you want to have Ron Boose come and report next time?
I don't know.
Lehman/ I think that would be rather risky. If the permit has been
issued and he complies with all the rules and regulations that
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we currently require, I think we have a tough time
substantiating that. Now if our regulations are not correct
and I think perhaps we should look at those regulations. If
necessary, we should make some changes. But I think-
Woito/ You would do well to do that up front rather than midstream.
Lehman/ Absolutely. So I really don't think that would probably be
in the city's best interest.
Woito/ You do have an option.
Throg/ There is a related point, too, and that is when was it, last
year, that we went through this process of downzoning to RNC-
12. The intent to avoid construction of new multi-family
structures and so we went through a whole process and to
decide almost on a spur of the moment to downzone to RS-5
after having gone through that doesn't make much sense to me.
Lehman/ I agree.
Nov/ It also doesn't make sense because of the lot sizes. Almost
there would be conforming to RS-5.
Kubby/ I guess the other thing-Let's try to discuss pros and cons
of doing it. One of the pros of doing it would be to slow
things down so we could determine if we wanted it to be RS-8
or RS-5. I feel a little uncomfortable with that process. We
have never done this since I have been on council and it seems
that if there is another way to do things that we should look
at it.
Baker/ I certainly understand the neighbors concerns. I think we
all agree with those concerns because it looks like, at least
from the limited information that we have, that the spirit if
not the letter, at least the spirit of the zone is being
compromised. But for us to sort of arbitrarily and very
quickly open up-set a p.h. and put a moratorium on the thing
sets us up for future situations like this in other zones and
other different problems. So I am reluctant to do that on this
one but I want to get some clarification as soon as possible
about what is going on there because we don't know what the
parking is, what the permit really says.
Horow/ More than that I would be interested in us taking a look at
the spirit of the RNC zone itself. Certainly the intent which
was carefully forged through P/Z Commission and neighbors
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F041195
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addressed the stability of the neighborhood and this is-We
obviously did not achieve that. That concerns me. Yes, we have
prohibited multi-family development but no, we have not
achieved the stability of a neighborhood.
Throg/ I am not sure I know entirely what you mean. If you mean
stability of a neighborhood as a s.f. neighborhood, I don't
know if we can do that.
Kubby/ That wasn't the goal.
Horow/ The intention is that if there are duplexes there that's
within the spirit of a duplex. But the appearance of the
constructure, I don't want to get into the number of bedroom
and bathrooms, but there is a very good chance of non-
conformance.
Baker/ And one of the things that we were trying to avoid in and
RNC-12 was not only the multi-family but boarding house
arrangements as well.
Kubby/ But on the other hand you could- I can see where you might
have a family in a duplex or a couple in a duplex with two
bathrooms and two bedrooms and then have a roomer, so that
it's not really against the spirit and it would be the same
structure. And so it's so difficult for us to talk about this
without giving into who is it that will be renting. When we
talk about behavior, when we talk about stability, are we
talking about the kinds of structures, who's in the
structures, what's in the structures, how many cars. I mean
it's kind of all of those things in a way, and I'm not
interested in regulating most of those things.
Baker/ Well, I mean, all of this at this point is subjective on our
part and my subjective judgement is this is an attempt to
evade at least the spirit of the ordinance based on the
limited information that we have. And if there's a way to
tighten that up, we need to talk about it. I don't know if
there is. But I see four bedroom duplexes coming down the line
and five bedroom duplexes with bathrooms and things like that.
Pigott/ Sure.
Baker/ And that's what we're trying to anticipate as well.
Horow/ Just for a minute, I do not see four people wanting to-
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F041195
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Woito/ Do you want to refer something to P/Z?
Pigott/ There's nothing we have to send them.
Woito/ If you want them to revisit the RNC in that area you can
certainly send it back.
Horow/ I would definitely like to have that done.
Nov/ I would like to see what we can do about amending the RNC zone
but not rezoning to RS-5.
Throg/ I agree.
Kubby/ I think we have one other person from the neighborhood at
least.
Horow/ Oh I know it, but I wanted to get a sense of council in
terms of moratorium or not, and it is not there.
Judy
Sivertsen/ 947 E. Market. I live in the area. We kind of, we
agreed to the duplex idea and I think basically we still agree
with the duplex idea. The problem I had was the definition of
a duplex. Because I thought a duplex was one building that was
divided in half with two front doors. And I didn't think this
would be turned into a duplex. I had no idea you could build
a brand new three bedroom house and attach it to a 90 year old
house and call it a duplex.
Pigott/ Right.
Sivertsen/ I mean, so when I accepted the duplex idea, I thought
that lot would stay as it was because they had fixed up that
house very nicely. A 90 year old house they've done a lot of
remodelling. And I thought the only way they could do a duplex
was to tear that down. So I felt we were safe because they
wouldn't be allowed to do a duplex. So I was wondering if we
could- if one of the solutions would be to come up with a
better definition for a duplex. And where you would have
street access too. We also talked two years ago about not
having alley access, having street access and not making the
alley so crowded. Well what this does is it has one door on
the alley, one door on the street. Now if you had a duplex
with two doors on the street then you would have street
access. You wouldn't be burdening the alley. Because we're
very congested in our area. We've got it all documented. About
4,000 cars a day go by. It's all one way streets. There's a
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F041195
#5
page 12
lot of alley traffic. That was one of our main concerns in the
beginning was just to keep the congestion very, very- as
limited as possible and the intent of the down-zoning just
doesn't follow. So we did petition for an RS-5. We've got a
few signatures. We don't have all the neighbors. We didn't
have time to do that. But two years ago everyone had signed
RNC-12 and so we have all those signatures documented. They
were- we got just about all the owner occupied residences in
our area wanted to downzone. So we do have a petition if
you're interested. We're requesting council direct staff to
initiate the rezoning process. We're also petitioning the
council to issue a moratorium on the building permit issued
for 942-944 Jefferson. They really haven't done too much work.
They started digging on Friday. I live right there. And then
the rains came. So they, there's a big hole. They did a little
bit of woodwork down there, but they really haven't done too
much because it's been raining since Saturday and they only
worked on Friday. So do you want this?
Horow/ Why don't you bring it to us now.
Audience/ (can't hear)
Throg/ I guess I have a reaction. I think that the common image of
me as being very much opposed to development. In this instance
I would not support the idea of telling this builder that he
can't, assume it's a he, he can't go on constructing the
building when presumably, apparently he's in compliance with
existing code. I think we've got a code. He's following it.
And he should be allowed to do what the code permits him to
do. So I'm not inclined to support any action directly toward
this specific building. I think in terms of asking staff and
the P/Z Commission to revisit the RNC~12 zone, I'm totally in
favor of that. I think that would be a good idea.
Horow/ All right.
Kubby/ And I guess I would encourage the neighborhood to review the
RNC zone and the definition of s.f. duplex to give us some
language suggestions to go to P/Z with those suggestions so
that, I tend to agree with Jim that they followed the rules
and it's not fair. We need to change the rules then to make
sure the intended spirit of the zoning change remains because
it won't only help your neighborhood but any other
neighborhood that's RNC if we clarify those issues. Because
the neighborhoods who are RNC are probably vulnerable
violation of spirit.
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F041195
#5 page 13
Sivertsen/ I do also have one other question tonight. I've been
talking to Doug Russell, chairman of the Historic Preservation
Committee. He had mentioned something about they do have rules
and guidelines for the historic preservation. If you're
calling this a conservation, an RNC-12, you know, Residential
Neighborhood Conservation, are there any guidelines? I have
never seen any. Nobody seems to know anything about this. What
is the difference between this and RS-12. Other than just the
intent of this whole thing.
Nov/ They're still working on it.
Horow/ Karin would you like to address this please?
Franklin/ The Residential Neighborhood Conservation Zones were
devised so that we could put a lid on more intensive
development within specified neighborhoods. And it basically
allows the higher density uses that are already there to
remain and to be conforming if they are destroyed, they can be
rebuilt. However it doesn't allow any further higher intensity
development. It holds it at whatever the category is and this
case, the RNC-12 is s.f. and duplex and no more multi-family.
In other RNC-20, for example, it holds it at that 20 density,
20 per acre, and you can't go any higher than that. And it was
a compromise that was reached. The concept was first developed
with the College Hill Park rezoning and it was a compromise
that was reached between people who were concerned about
development, such as these folks are, that wanted to hold
things in stasis in their neighborhood but not take away
property rights of people who had higher density multi-family
development.
Horow/ Karin, perhaps in might be useful if our Neighborhood
Coordinator sent out the definitions of the various zones and
overlays such as this to the various neighborhood
associations. That they be reminded. That this is almost an
education process that should probably be done every year do
that individual recipients of neighborhood letters get to know
what those are.
Franklin/ One other project that we are working on now that the HP
Commission is working on and will be coming through P/Z and
the council soon is the concept of conservation districts. And
this is closer to I think what we are talking about here in
the Jefferson Street neighborhood. Where a conservation
district is established and then when building takes place
within the district, compatibility with structures within the
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F0~1195
#5 page 14
area is evaluated before the building can take place. Now that
has to do with design and not density. So I am not sure it is
going to deal with the interior occupancy problems that maybe
at issue here.
Nov/
In terms of the ideas that have come forward tonight, do you
think we can say in an RNC-12 zone a duplex may not be an
addition to a current house or can-
Franklin/ You can say it. I think the problem is finding the logic
of it. What does it relate to? Does it relate to density?
Nov/ It relates to conserving the appearance of the neighborhood.
It may belong in it.
Franklin/ Then presumably one could design an addition properly so
that the appearance of the neighborhood wouldn't change. I
mean, I am kind of debating it.
Nov/ I understand.
Franklin/ There are some difficulties there. I don't know what we
will do with the RNC-12 zone to get at the s.f. issue.
Pigott/ I don't think that is the goal.
Horow/ The intent of that concept was not met here.
Franklin/ We might need to have
time about what your sense
here.
another conversation at another
is what character you are after
Horow/ Thank you very much.
Nov/ Would you think also about the possibility of requiring two
doors on the street side?
Horow/ Let's move on. Is there anyone else who would like to
address council on issues that are not on the agenda?
Kubby/ I want to thank the neighborhood for watching what happens
in the neighborhood and being willing to act and willing to
take some energy and come down here and make some movement.
Nov/ And phone calls, too, are appreciated.
Horow/ It has been moved by Baker, seconded by Pigott. Any
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F041195
#5 page 15
discussion? All those in favor signify by saying aye (ayes).
Anyone else care to address council?
Kathryn Wallace/ Senior Center Commission member. I am one of the
three newest commission members and I am here to keep our
dialogue open with you. I want you to know that we are
disappointed that we did not receive funding but we are
persevering and going forward and we have lost some staff and
replaced some staff with very capable people and having an
open house today for our three newest staff members. A full
time Program Specialist, a full time secretary, and a part
time maintenance worker. May , the next coming month, is Older
American's Month and so I want you to be thinking forward to
that and it is also this particular May, the 30th anniversary
of the Older American's Act which is the funding source for
the Congregate Meals. I hope that each of you are receiving
the Post which is the printed organ from the Senior Center and
so I am going to just give you a preview of what is going to
be coming next month because I am extending an invitation from
the Commission to each of you to participate in some way, at
your choosing, the week of May 14-20 which is going to be
Senior Center Week. I think there will be something of
interest to each and the person from the Commission who is
coming next month will highlight those. But to give you an
idea: There will be a Wellness Day because we at the Senior
Center are beginning to focus on Health and Wellness so that
our seniors will be healthier longer. There will be an
Agencies Day to educate seniors in the community and those who
are not seniors in the community the resources that are
available within Iowa City. There is going to be a focus on
International Aging. You may or may not be surprised to know
that you would age differently if you had been brought up in
another cultural, influenced by the cultural and the message
of the culture. So we are going to explore international
aging. And sometime during the week there is going to be
Senior Band Concert and maybe you know those who are perhaps
for the first time in their life participating in a band in
their 50's, 60's, 70's or 80's and some who have not played in
20 or 30 years are also participating in the band. So those
~re the things that you can look forward to in the Senior
Center Week in May and I hope that each of you will find
something that kind of'speaks to you and that you will come
and participate and join with us. Thank you.
Horow/
CHANGE TAPE TO REEL 95-54 SIDE 1
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F041195
#5 page 16
Horow/ Thank you very much.
address council on any
Is there anyone else that cares
issue that is not on the agenda?
to
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F041195
Agenda
Iowa City City Council
Regular Council Meeting
April 11, 1995
Page 5
Public hearing on an ordinance amending City Code Title 14, Chapter 5,
entitled "Building and Housing," Article H, entitled "Site Plan Review,"
by adopting design standards for exterior stairwells and exterior corridors
on multi-family residential buildings.
Comment: At its March 2, 1995, meeting, the Planning and Zoning
Commission, by a vote of 4-1 with Jakobsen voting no, recommended
approval of an ordinance adopting design guidelines for exterior
stairwells and exterior corridors on multi-family residential buildings. The
Commission's recommendation is consistent with the staff recommenda-
tion contained in the staff report dated January 13, 1 995.
.... .
Public hearing on an ordinance amending City Code Title 14, Chapter 6,~-~
entitled "Zoning," Article N, entitled, "Off Street Parking and Loading,"
to reduce the amount of required off-street parking spaces and amend
the parking area design standards in the CN-1, Neighborhood Commer-
cial zone.
Comment: At its March 2, 1995, ,meeting, the Planning and Z~ning
Commission, by a vote of 5-0, recommended adoption of ordinance
amendments to reduce the amount of off-street parking spaces required
in the CN-1 zone. The Commission's recommendation is consistent with
the staff recommendation on this item contained in the staff report
dated March 2, 1995.
Action:
Consider an ordinance establishing the Moffitt Cottage Historic District
for property located between Muscatine Avenue and Ralston Creek,
north of Court Street. (First consideration)
Action:
Comment: At its February 16, 1995, meeting, the Planning and Zoning
Commission, by a vote of 6-0, recommended approval of an ordinance
designating the Moffitt Cottage Historic District as an Iowa City Historic
District. The Commission's recommendation is consistent with the
Historic Preservation Commission's recommendation. Cornments were
received at the Council's March 28, 1995, public hearing on this item.
#6b page 1
ITEM NOo 6b.
Public hearing on an ordinance amending City Code
Title 14, Chapter 5, entitled "Building and
Housing," Article H, entitled "Site Plan Review,"
by adopting design standards for exterior
stairwells and exterior corridors on multi-family
residential buildings.
Horow/ Declare the p.h. open.
Kubby/ I was going to say Anna was in the hallway, what happened to
her.
Anna
Buss/ I am Anna Buss as you all probably know. And I am here
tonight actually representing the Board of Appeals on this
issue. We unanimously voted that this should not pass. There
is a lot of different reasons why. I think this is one of
those things that once it gets started it doesn't get stopped.
I think that some of the builders have done things that are,
and this is my own editorial and not necessarily the Board's,
but I do feel that some of the builders, yes, maybe it should
have been monitored a little bit better. Maybe they could have
done things a little bit differently. But, overall, I don't
think that anything is so horrible that we can't contend with
it a little bit by suggesting changes, by asking for changes.
There are a few builders that have been asked could you do
something different and they said yes. When you ask some of
the builders why didn't you do it any different they said,
well, nobody suggested anything. So I think you are working
with overall, by and large, and there is always a margin for
error here, you are working with some pretty good people and
I think that yes, there are some places that are eye sores.
But, by and large, once again, I think if they-when these
plans come into the office of P/Z there are suggestions that
can be made. The term came up last night about should and
shall. I think that is kind of a touchy issue. Forcing someone
to do something is never 'the way to go about it. I have been
through, as most of you know, a building fire. I told you this
before. At that time we were very lucky that the fire was not
any further than what is was. We got everyone out of the
building safely. But I can assure you that had that fire
progressed any quicker than it did and had everyone been home
and had that happened in the middle of the night, people panic
and I myself would just assume have the quickest possible get
to the outside as you can. I think that the outside
stairwells, some of them, yes, I will agree with you. Some of
the examples that were shown last night. Some of the examples
that have come before the Board. Yes, they aren't attractive.
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F041195
#6b page 2
But as far as being-You have got examples that are really very
nice. Some of 'those came up last night in the form of
pictures. We have reviewed all of those. So before you really
pass this I would suggest highly that you please consider it
fully and talk to a lot of people about it and again, the
Board of Appeals said no. All of us said no. Okay. Thank you
for your time.
Horow/ Thank you.
Pigott/ Anyone else care to address council on this issue?
John Roffman/ Also on the Board of Appeals and one slight
correction. Bob Carlson abstained because he did help right
stuff, draft, and so forth. But otherwise it was a unanimous
decision. As she alluded to, in the event of a fire you know
the outside corridors are deemed more safe in the fact that
you are already in the outside. You don't have the problem of
smoke overcoming you and blocking your vision and so forth and
I think Iowa City Fire Department has went on record with the
fact that they would rather have outside stairwells to deal
with than internal stairwells and I realize that the code that
you are talking about is allowing outside stairwells and well
should. The one thing that you may not be aware of that, what
do I want to say, camouflaging or putting walls in front of or
roofs over or whatever affects the utility or use of that
property in that once you put a roof over the structure then
it becomes part of the structure and that portion also has to
meet setbacks as far as front yards, side yards, rear yards
and etc. So what happens is that it potentially reduces the
number of units that you can get on that lot which directly
affects the cost of doing the project and, you know, one of
the examples we had last night was the four plexes over there
on Bowery Street and I guess a couple of comments on that.
One, is they may not look attractive. You talk about the
wolmanized lumber. Give them a couple of years they will age
out and blend in a lot more and there won't be the stark color
there, the greenish color they are now. As far as painting
wolmanized lumber, it is a no no and in fact it is pressured
treated process and the cells of the wood are full with
chemical and you cannot paint it and have the paint bond
because the surface bond peels off in sheets. So, painting
wolmanized lumber is not a solution unless it is bleached out
by the sum for 2-3 years and given time to age and then you
can paint it. But new wolmanized lumber I would never
recognize painting.
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F041195
#6b page 3
Kubby/ John, can you put polyurethane on new wolmanized?
Roffman/ You have the same problem. Wood is a cellular product and
the material you put on absorbs into the cells. Well, it has
already been pressure treated with the chemical, whatever
wolmanized is, and so the cells are totally full and it
doesn't-You know, anything you put on it is a surface
application and it will slide off basically in time. Getting
off the subject there. I started talking about set backs and
side yards and the requirements there and the builder who was
here and he didn't address it but having went through the
process of building apartment sand developing land and so
forth and knowing the problems you get into as you look at how
many units can you get on this? What is the projected rent
going to be? What is your cost going to be? You know. Bottom
line is if you can't prove to the bank that it is going to
make money, you are not going to get the loan. It is not going
to be done and consequently, I have a feeling that in that
property there, although I didn't do any site planning to work
out a plan and the problem that they have there because of the
size of the lot, there was no way to get stairs to work in
there and I don't know if you recall the one house there or
not. There was two houses on those lots. One for each one.
Both of them were imitated brick paper shacks that were in bad
disrepair. And I guess, you know, you have to look somewhat at
what you have and what you started out with and where you are
gging and you have to weigh things and as the builders had
presented last night, you know, there is alternatives to
screening and making things more appealing than, you know,
building a structure over them and covering them up and so on
and so forth. And I guess the other thing and I hope I get on
my time here that really came across to me last night in the
discussion is that I don't think council realizes that they
are the ones that are responsible for the high cost of land
and high cost of apartments. I don't think it really hit home
to you when you talk about the HOME moneys and how it is going
to be used and you know, you really have to be on the ball to
get the property, the right zone, the cots is high and on and
on and on. The reason the costs are high is because of the
rules and restrictions that the council puts into affect. The
market is what drives the price. If we have a limited
commodity, the price is going to go up and so what really
happens is as we reduce the amount of land available for
multi-family units or any type of use. It doesn't have to be
necessarily multi-family. You have a limited supply and what
happens is we have more people coming in the area, constantly
have more pressure on the units available and pretty soon
This represents only a reasonably accurate transcription of the Iowa City council meeting of Ap~I 11, 1995,
F041195
#6b page 4
people say hey, I am willing to pay more money. You hear
people putting their house on the market for $90,000 and
getting an offer for $95,000 because people are so excited
about getting that house and the opportunities, they are
willing to pay more than it is listed for it. So the market
goes up. What happens? The same thing with rent. You find out
that rents will go up and the builder will come in and say
hey, I can afford to pay this much money for the land, I have
this many cost, I have a year and a half to two years to be
able to devote to the city to get it through. And let's face
it, these engineers, architects, lawyers, and everything, they
are not down here free gratis. This is dollars and cents out
of the developers pockets.
Horow/ John, you have just-
Roffman/ I know it. The bottom line is is that costs come back to
the city council. You are responsible.
Lehman/ Last night I think it was apparent that we are talking
about what, 5-6-7% of the total exterior stairwells that are
not constructed in a manner that are screened or whatever.
Roffman/ This is the research that Glenn had done past 38 months
and last night was the first I was aware of that information.
Lehman/ Same here. I think the council's concern is for the folks
who live around these particular sites. Particularly the one
we are talking about on Bowery Street. I think if you do live
next door to that you are going to be somewhat offended by
that. Now, all we are concerned with, I think, is having
structures tt~at are compatible with the neighborhood. Maybe
this isn't exactly the right way to do it and if we are only
talking about affecting 5-7% of the total, that really isn't
a big impact and I don't disagree with you as far as cost of
housing being a direct result of the kinds of rules and
regulations that we make. But if we are affecting this small
a number and we are impacting existing neighbors, don't they
have a right?
Roffman/ I guess two points there maybe. One is that you know, you
had a house there of marginal value and esthetics appeal and
so on and so forth.
Lehman/ I don't disagree with that.
Roffman/ If you get into that area, if you look at the area south
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F041195
#6b page 5
of Burlington Street and west of Summit Street where it has
really been taken over by multi-family structures, you find
there are still some intermitting s0f. homes in there or s.f.
type homes. They may be duplexes or whatever. I am not sure.
But in the case of that one down there on Bowery Street, what
happens if I say you have as you have 2-3 homes, especially on
one lot, and that you have a corner lot like that and you have
a house on the corner and you have a house in the middle of
the lot and you have a house on the alley and you contend with
two front yards and you contend with the backyard and
everything else and there are several houses in that area that
are, you know, continue to decrease in value and use as a
residence but you are almost looking at having an urban rural
project to get rid of those houses because of what you can
place on that property. That is all I am saying and I agree
with you and I guess that is where the homebuilders are coming
from that it seems to us like we are using a can to kill a
mosquito or fly and that, you know, there may be more
effective less costly ways to get the same objective and I
don't disagree one bit with that.
Horow/ Okay, thank you. Bruno, did you have a point you wanted to
make?
Pigott/ Well, yeah, I just want to say that I want to reiterate
Ernie's point. Good point, Ernie. And secondly I do agree with
you to some extent there is an argument out there that
regulations do tend to increase the price of housing but I
think that it would be a bit of an exaggeration to put all of
the blame for increase or high cost of housing on the City of
Iowa City. I mean part of it is there is a great demand and so
I don't want to belabor and we don't need to get into a
discussion on it. Just realize you are making the point to-you
are exaggerating on purpose to make a point and I think there
is an exaggeration.
Roffman/ Maybe not necessarily because of the fact-
Horow/ Larry, do you have anything to say that is not capable of
creating an argument?
Baker/ I will just phrase this in the form of two questions. One,
an earlier statement by you John that you said that the Iowa
City Fire Department has already gone on record in being in
support of exterior stairwells. I would like to get some
clarification on when and how that position was taken from
either the Board of Appeals or city staff.
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F041195
#6b page 6
Roffman/ Andy Rocca was at the Board of Appeals meeting.
Baker/ I would like to get the official statement from the Fire
Department just for part of our discussion background. And I
will phrase this in a form of a question. It is going to come
out sounding like a statement. Nobody denies that regulations
add costs and I know all the radical city councils in the past
have piled up these regulations but, here is my question, if
that is indeed true, what we need to know is what are we doing
and this is good for the Board of Appeals-What are those
regulations that are unnecessary, are cost prohibitive and
what are we doing that other communities are not doing that is
unnecessary and that is not a question for you to answer
tonight but indeed, if regulations are the reason, let's
debate the regulations.
Horow/ That is something the Board of Appeal could certainly look
at.
Baker/ We are always looking for ways to cut costs and if you can
present a case that these- This new regulation that we are
debating will increase potentially the cost. So if the is that
we can talk about but also any other regulation. Nothing would
suit us better than to lower the cost of housing if we can
justify it. So we would like to hear that.
Kubby/ Bruce Glasgow has started that process and has given us a 2-
3 page list of specific regulations. So we need to add to
that. It is on the P/Z staff's work program. It keeps getting
kind of shoved down.
Baker/ And also in a previous life time when I was on the council
like back in the 40's, I had asked the Homebuilders's
Association, not on the zoning code but on the building codes
because there was some news that came out that a lot of cities
still had outdated building codes based on a lack on knowledge
about new technology in materials and we wanted some response
from the Homebuilders's about was out code consistent with the
latest technology and we never got a response. I don't know
what that meant.
Roffman/ Iowa City adopts the UBC which they have changes
periodically which this year is a major review and we are in
the process of doing that now so it will come before the
council with our recommendations. Getting back to your
question, Larry, like I say, we are under the UBC which is the
National Code and there is not a whole lot you can do to
This represents only areasonably eccuratstranscHption ofthe Iowa City council meeting of April 11, 1995.
F041195
#6b page 7
deviate. You have to justify reasons why you can modify or
adjust the code for your area. And I guess one situation that
we are dealing with now is that is we are talking about new
wind bracing requirements and etc. And I guess some
consideration we feel that exceeds what we have been doing in
the past. I don't know of any structures we have had with
problems of blowing over and I think what is happening is most
of the builders in this area use OSB as outside structural
sheeting. They use roof trusses and you get the same affect.
There are things in there that we can go to an engineer and
say I don't think we are receiving credit for these things
that relate back to structure and as a Zoning Board of Appeals
we can amend our code to-
Baker/ That is sort of the specific detail that we need to-
Horow/ I think I would like to carry this. Let's continue. Is there
anyone else that would care to address council on this issue?
Thank you, John. We are still in p.h. for the standards for
exterior sta~rwells and exterior corridors in multi-family
residential buildings. Anyone else care to ask council?
Moved by Kubby, seconded by Nov to continue the p.h. to April
25. Any further discussion?
Kubby/ I guess I will explain why I made that motion. There were
some suggestions made last night about different ways that we
could do this that isn't quite as expensive as what is
currently being proposed. I want a chance to go out and look
at some sites myself and think about it. to think about this
issue of should it be they shall be inclosed or they should be
enclosed and I want to think about that and about the
wolmanized lumber or the pressure treated wood as being
exposed. I want time to explore all of those.
Nov/ And we can explore the safety issue as well.
Horow/ Any other discussion? All those in favor signify by saying
aye (aye). Moved by Pigott, seconded by Kubby (to accept
correspondence). Any discussion? All those in favor signify
by saying aye (ayes).
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F041195
#6d page 1
ITEM ~0, 6~.
Consider an ordinance establishing the Moffitt
Cottage Historic District for property located
between Muscatine Avenue and Ralston Creek, north
of Court Street. (First consideration)
Horow/ Moved by Pigott, seconded by Lehman. Discussion. I am
personally very happy about this. I think we have all
seen these as we have gone down Muscatine. I am just
waiting for the rest of the Moffitt homes, especially
those behind my area to be included in a district. This
city has been enriched by these homes. Any further
discussion. Roll call- (yes). Ordinance passes first
consideration.
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F041195
Agenda
Iowa City City Council
Regular Council Meeting
April 11, 1995
Page 6
Consider 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. (First consider-
ation)
Comment: At its March 2, 1995, meeting, the Planning and Zoning
Commission, by a vote of 5-0, recommended approval of an ordinance
repealing the provision that neighborhood centers shall be located with
access to arterial and collector streets. The Commission's recommenda-
tion is consistent with the staff recommendation set forth in the staff
memorandum dated March 2, 1995. In letters dated February 14, 1995,
and February 23, 1995, expedited consideration of this item was
requested by the City Community Development Division and the Board
of Neighborhood Centers of Johnson County, respectively. No
comments were received at the Council's March 28, 1995, public
hearing on this ite~n.
Action: ' ~/Z.~t..~)/~_¢~)
Consider an ordinance conditionally amending the use regulations of
approximately 13.09 acres located at 655 Meadow.Street from RM-12,
Low Density Multi-Family Residential, and RS-5, Low Density Single-
Family Residential, to RS-8, Medium Density Single-Family Residential.
(REZ94-0020) (Pass and adopt)
Comment: At its February 2, 1995, meeting, the Planning and Zoning
Commission, by a vote of 7-0, recommended approval of the requested
rezoning from RM-12 and RS-5 to RS-8, subject to conditions. The
Commission's recommendation is consistent with the staff recommenda-
tion contained in the staff report dated January 19, 1995. A protest
petition representing the owners of 20% of the property with 200 feet
has been submitted and thus a three-fourths (six of seven members)
vote of the Council is required to approve this rezoning. Public
comments were received at the February 28 and March 7, 1995, public
hearings on this item.
Agenda
Iowa City City Council
Regular Council Meeting
April 11, 1995
Page 7
ITEM NO. 7 - PUBLIC HEARING ON AN ORDINANCE ESTABLISHING REGULATIONS FOR
SIDEWALK CAFES,
ITEM NO. 8 -
Comment: A public hearing was held on March 7, and three people
appeared. Council requested the public hearing be continued to allow more
input. Copies of the ordinance were mailed to all 400 businesses in the CB-2,
CB-5, and CB-10 Zones. Notices were also posted on kiosks in City Plaza.
The Sidewalk Committee reconvened with representatives of the Downtown
Association and the Chamber of Commerce and concerned citizens.
Recommendations from that.~_~in~g ar~uded in Counci,'s packet.
Action:
CONSIDER AN ORDINANCE AIVIENDING TITLE 4, CHAPTER 3, ENTITLED
"OUTDOOR SERVICE AREAS" TITLE 4, CHAPTER 5, ENTITLED "PROHIBI-
TIONS AND RESTRICTIONS," TITLE 10, CHAPTER 3, ENTITLED "COMMER-
CIAL USE OF SIDEWALKS", AND TITLE 10, CHAPTER 5, ENTITLED "CITY
PLAZA" TO ESTABLISH UNIFORM REGULATIONS FOR SIDEWALK CAFES.
(FIRST CONSIDERATION)
ITEIVl NO. 9 -
Comment:
Action:
See comment above.
PUBLIC HEARING ON IOWA ClTY'S CONSOLIDATED PLAN FOR FY1995-
FY2000 (AKA CITY STEPS).
Comment: The public hearing is being held to receive public comments on
the CITY STEPS Plan, including the use of CDBG and HOME funds for FY96.
Additionally, comments may be directed to the City Clerk's Office and the
Department of Planning and Community Development through April 27,
1995. Council will vote on the final CITY STEPS Plan at its April 25, 1995,
meeting in order to meet the May 1, 1995 deadline.
Action: · ..,~, ~ '
ITEM NO. 10 - ANNOUNCEMENT OF VACANCIES.
a. Current Vacancies.
(1)
Board of L~brary Trustees - Three vacancies for six-year terms
ending July 1, 2001. (Terms of Jori Hobart, Charles Traw and
Katherine Moyers end.) (3 males and 3 females currently serving
on the Board.)
#7 page 1
ITEM NOo 7 - PUBLIC HF~l%RING O~ ~N ORDINANCE ESTABLISHING
REGULATIONS FOR SIDEWALK CAFES.
Horow/ I declare the p.h. open. I ask that you please state your
name, sign in, and keep your comments to less than five
minutes.
Mark Ginsberg/ Let me sign in. Don't count me against my time here
yet.
Horow/ No I won't.
Throg/ How long is it going to take you to sign in?
Ginsberg/ I just want to paint a little picture right now. Vomiting
in the doorways, public drunkenness, food throughout the
plaza, garbage in the streets strewn about all over the place,
and you've got d.t. Iowa City as it exists today without the
cafes. So my point is that I think we can coexist by bringing
a more unique environment to d.t. Iowa City, increasing the
traffic of families, of multi-generational appeal, of
businesses that will actually have dining outside so that we
can sit down after a days work and maybe have a cup of coffee
or glass of tea with our meal, not just going outside and
drinking. I actually believe that if I were 18, 19, 20 years
old, I don't think I'd like to be on public display in front
of these people eating their dinner while I was getting drunk.
So I don't know that it encourages outside drinking. I
actually think it has a chilling effect. What I do believe is
that it does actively ask our citizens both local and those
passing through to participate in our d.t. community by being
part of the fabric. It does enlighten I think the rest of the
community to the 20th Century and it brings us I think in line
with cities like San Francisco and communities like SoHo in
New York City and Chicago and I would find it quite delightful
to be able to sit outside at my leisure and bring my family
down, listen to an outdoor concern every Friday evening or the
jazz concert, or see the parade any time I feel like it. So I
would encourage strongly the city council to pass this
unanimously and if there's anything else I can do- by the way,
kiosk notices last about five seconds in d.t. Iowa City, so
those, and I don't know how many people read the newspaper. So
when we get letters, I think that it's more important, I think
it is important to some of the businesses d.t. and perhaps not
all of the restaurants have a chance. Most of the businesses
at night or the restaurants that do business do them at night
so it's difficult for some of the owners to come out in their
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F041195
#7 page
defense, but I am speaking on behalf of myself, as I can't
speak on behalf of everybody else. But I would believe that it
would be a definite benefit to our d.t. community. I would
like to see it.
Kubby/ Don't forget to add places like Lawrence, Kansas, to your
list.
Ginsberg/ I'm sorry. Lawrence, Kansas. Marion, Iowa, and Cedar
Rapids, Iowa.
Pigott/ Thanks for coming down.
Lyone Fein/ It's keeping me six inches away. Hi. I always have to
start everything with this story so what I'm going to say is
that last summer I had a wonderful opportunity to travel to
India as part of my studies in Indian religion where I first
encountered poverty and immense physical suffering. But I also
encountered something which I had not encountered for the most
part in America which was an extraordinary warmth on the part
of everyone towards just about everyone else. And the kind of
architecture which I think reflects that kind of difference in
human relations. An architecture in which there was instead of
there being windows in store fronts and doors or walls, there
were large open spaces so that the difference between the
outside and the inside was not so hard and fast. And it really
brought home to me an observation made by the great humanist
Mother Teresa who said that despite all her work around the
world, the greatest despair that she encountered was here, in
the United States, and this despair is the result of our
culture of isolation, our culture of separation, and
alienation from one another. And the reason I'm bringing all
of this up is because I think that the decision about this
mundane decision about the sidewalk cafe issue is the decision
about breaking down the barriers between those on the inside
and those on the outside. It's I think about breaking down
barriers between well I don't know, I guess I don't have to
explain that saying too much, those on the inside, those on
the outside. We all know what it means, and we all know that
it means more than just a description of physical space. It
means something else in psychological relationships, in terms
of building intimacies with people we haven't met before, and
I want to encourage the council, like Mark Ginsberg, to vote
yes for this because I think it represents a democratization
of the public space in Iowa City, a diversification of that
space, and I also would like to extend to the members of the
city council and to Mayor Horowitz and invitation to spend
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F0¢1195
#7 page 3
more time d.t. on the pedestrian mall, especially in the
beautiful summer months in the sunshine under the trees
interacting with your constituents, breaking bread with them,
sharing a drink with them. I think it could only be a fruitful
experience. Thank you.
Tara Cronbaugh/ Java House & Iowa City Coffee Company. I want to
thank you for your interest. I've had a couple of city council
members contact me and d.t. had probably half a dozen patrons
come and ask me to come down and speak and I was already
coming. I just want to make one point and ask one question.
And the point I want to make is I think the reason the Java
House has been so successful is not the fact that I sell a cup
of coffee, but is because of the presentation that I make. I
have newspapers. I have a cleanly, clean environment. I
provide music that's, I don't know, comforting for anybody. In
my cup of coffee I charge $1.19 which people are gosh almighty
that,s a lot of money for a cup of coffee. Well really the
community's paying for presentation. And I'd like the council
to think about that in the fact that the community really
needs the presentation in d.t. Iowa City and I think that you
all owe it to city business owners that it's a social
obligation for you to help us sell our product. And
presentation is what is attracting my customers, and I really
think that the d.t. presentation would attract future
customers.. I know I visited physicians and they don't even
come down because they work outside of the d.t. area and it's
because they can't park or this or that and I guess they feel
that there'needs to be some alternative to attract them d.t.
and the sidewalk cafe would be a perfect way. And I really
think it's about presentation. I sell coffee, but in the long
run I sell a presentation at the Java House. I think that Iowa
City can do that to. One other thing. I know that this was
brought up at the last meeting and an issue that's kind of
disappointing to me is I don't serve alcohol and never will.
I also if we did allow the ordinance to pass, I also wouldn't
really go outside and serve my potential customers. They would
simply buy a cup of coffee and go outside and sit. So one
question that I have is about is the issue of the 10:00- no
longer serving outside at 10:00. A problem that we would run
into and I would assume that my competition would run into is
we don't serve outside. We don't serve alcohol, yet for us to
go outside and actually go outside and actually pick up our
tables or chairs or whatever would be quite difficult because
we would have no where to put them, closing at 1:00 in the
morning. I see it as different scenario of not going out and
buying or serving my customers. They need a place to go and
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F041195
#7 page 4
sit. And I think there's a difference in letting them sit on
the sidewalk cafe and letting them take a cup of coffee
outside then there is for me to actually go out and serve them
or oven serve alcohol to do that. I guess my biggest thing is
like Friday and Saturday nights we get a lot of the movie
crowd that comes in and for us to go out there at 10:00 and
pick up our tables and move them in is going to be
disappointing. Friday and Saturday night are our busiest hours
are from 9-10 and from 10-11 follows right after that. So
that,s the question that I have is has the council considered
that. I understand that you have to be leery about leaving
alcohol out there after 10:OO or however you see fit, but we
are a non-alcoholic establishment and I don't plan on serving
outside so I'm wondering as a business owner can we leave our
tables out there. We wouldn't even have anywhere to store them
had we had to bring them in at 10:00. In fact I don't know
where we'd put them. We're open until 1:00 in the morning. I
mean and if we did bring them in at 1:00 that would be fine
and dandy. We could put them inside the Java House but from
10:00-1:00, I would not know where to put all these tables and
chairs. So that's all that I have. Again I just want to
reiterate the presentation° I just think it's very important
to d.t. Iowa City. I'm very worried about the mall that may be
coming to Coralville. I think we have to give people more
reason than one to come down. And last but not least I want to
take a proactive view on window shopping. I think that the
controversy had come about sitting in front of that of the you
know I guess, diverting the window shoppers. And I want to
take a say that, when I often sit at sidewalk cafes in
Boulder or Santa Cruz or wherever I~ve done my research, I
tend to window shop while I'm sitting there. And I think that
it could not only help us to go and say I like that scarf. Let
me go buy that while I'm sitting there drinking my cup of
coffee. So I just want to take a proactive view to window
shopping because I know there's been some controversy. And
that's all I have and last but not least, I am open to any
suggestions of council members who would like the Java House
to do any side research or petitions or whatever because I've
had so many people come up to me and ask me go to the council
meeting. So I'm here and I'm open to suggestions, anything
that we can do. And that's all.
Nov/ Would you answer a question before you go? What Hours are you
open?
Cronbaugh/ We open at 7:00 AM Monday through Friday; 8:00 Saturday
and Sunday and we close at 1:00 AM every day. My biggest
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F041195
#7 page 5
concern is mostly we do tend to die down around Midnight. But
on Friday and Saturday nights we do get the movie crowd and we
do run out of seats and that is my concern. We don't actually
physically would not go out and physically serve my customers.
But I would like to be able to allow them to sit out there and
I guess I was aware that the taking in other tables would be
required at 10:00 and that is my issue. I truly would not have
anywhere to put those tables at 10:00. I would at 1:00 when we
close the doors because I could stick them inside the door.
But I don't know where I would put that large of an area.
Thank you very much.
Throg/ Thanks, Tara, thanks for coming down.
Steve Straus/ I am one of the principles that is involved with
Fries Barbecue and Grill, 5 South Dubuque Street and I hate to
rise in opposition but I am afraid in this instance I feel
compelled to do so. I have many many problems with the concept
of sidewalk cafes, especially where it regards our business
becauss we have no access to any kind of use of this concept.
We are on sidewalk that is much too narrow. Our storefront is
much too narrow and there are several restaurants in d.t. Iowa
City that come under the same egress. I feel the concept is
unfair to us in trying to compete with other d.t. eating
establishments. I feel there is no lack of seating capacity in
d.t. Iowa City for restaurants. There is no lack of seating
inside those restaurants and the need for a sidewalk cafe is
not relevant. We have already seen from comments from the last
speaker that already were asking for amendments to the
ordinance to have it comply with their particular needs. I,
too, have been in Chicago, New York, and some of the other
larger cities. I have seen how sidewalk cafes have been truly
wonderful places to be in areas where they are able to be
facilitated. However I am also seeing where those same
sidewalk cafes have become adjuncts to restaurants,
encroaching on sidewalks, blocking the streets, creating all
kinds of congestion. How long will it be before the sidewalk
care needs a canopy in order to keep the birds off or the dust
off or the rain off and then of course we will need to put
sides on the sidewalk cafes in order to keep the wind out and
pretty soon we will be enclosing the front of them with soft
canvas fronts and cellophane windows so that we can have them
year around. And I wonder about that concept. The other things
that I feel are unfair is the we are asking the tax payers of
Iowa City. You are asking me as a tax payer in d.t. Iowa City
to support my competitors. We are giving them free square
footage and to use that square footage free of charge. If they
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F041195
f7 page 6
are going to pay a fee, it is nominal. We are allowing city
workers to clean those areas. There is going to be wear and
tear on the facilities. There is going to be congestion in the
areas. There is going to be a lack on ingress and egress to
adjacent retail shops. Even though you may be able to sit in
sidewalk cafe and look across the way and see something in a
window that you may want to buy, you may have a hard time
getting to it. One of the other problems I have is the concept
that these sidewalk cafes will be open from 7:00 to 10:00 as
I read in the ordinance. But they do not have to be open all
of the time. Therefore, sidewalk cafe can be rolled in and
rolled out at the pleasure of the restaurant rather than at
the'convenience of the customer. Therefore, minimizing their
costs but increasing their profitability during peak rush hour
periods. Something that some of us in the restaurant business
and we are competing, believe me, nip and tuck. We have been
in our location for 10 years. We have seen our volume slide.
You could say maybe that is bad management on our part but we
also have counted 12-13 restaurants .in one square block of
Iowa City where there were about half that number when we
started in 1985. I feel that it is unfair to ask us to
subsidize these kinds of operations. If you can in some way
make is possible for everybody to take advantage of sidewalk
cafes, then I would have no problem. But some of us have been
in d0t. longer than the pedestrian mall has been around. Maybe
what you want to do is take a look at d.t. Iowa City in total
and expand the pedestrian mall to include all of d.t. Iowa
City in the core. Going from Iowa Avenue all the way to
Burlington Street and therefore eliminating the streets and we
can all get in on the action. But until that time I think you
are putting us at a gross disadvantage when it comes to trying
to compete. I can't go out and get free additional seating
capacity at relatively no expense because I don't have a
sidewalk that is wide enough to do it unless you want to
narrow Dubuque Street down to one land and widen the sidewalks
and allow us to get in there.
Kubby/ Then people couldn't park on Dubuque. People wouldn't like
that. In the middle of Dubuque.
Straus/ Absolutely, We wouldn't be able- But you see if we didn't
park there we would park somewhere else. We park there for our
delivery vehicles because there is no place else for us to go.
Horow/ Mr. Straus, your time is up.
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F041195
#7 page 7
Straus/ Okay. I would urge the council to think about this very
carefully because it is not just a seasonal amenity. Thanks.
Horow/ Anyone else care to address council?
Brad
Pouleson/ I am a d.t. business owner, the Masala Indian
Restaurant. I wasn't prepared to speak tonight until I heard
this gentleman speak before me. He brought up a couple of
points I hadn't considered but I can't say that I agree with
him at the same time. When I first got the information about
sidewalk cafes being allowed I thought wow, this is really a
nice idea because, you know, Chicago, San Jose, all of these
places, Santa Cruz. It is the atmosphere of the openness,
seeing activity outside on the streets that appeals to me. I
am just two doors down from this gentleman in my business and
as far as I understand it I can access two tables out in front
of my business because I have the eight foot clearance. Twelve
foot it allows, you know, my table would be 2 1/2 feet wide.
I would only put four people out there. So for me the increase
in business is not really what appeal to me because, I mean,
I have only 42 seats which makes me one of the smaller
restaurants in d.t.. So 4 extra seat, I mean, it helps me out
but it is not going to make or break me. It is not going to be
a huge boom to my business. And at the same time let's say
another restaurant d.t. can put 12 people outside and I can
only fit out 4 people. Well, sure, it looks like they are
going to benefit more than I am and they are my competition
and I should be upset about that except that
CHANGE TAPE TO REEL 95-54 SIDE 2
This one behind me alluded to the mall coming in in Coralville
soon. That will probably decrease traffic in d.t. and that
will impact on every kind of business, not just restaurants
and eating establishments or coffee shops. But, you know,
retail stores as well. So I think that, you know, where as my
four seats in front of my restaurant might seem a disadvantage
to competitors at Fries, at the same time, if all of d.t. has
these cafes out, it might increase the traffic and I think he
will feel the benefit of that increased traffic as he has
mentioned himself. Traffic has some decreases from his point
of view over the years. I am quite sure he is correct in that.
The mall in Coralville isn't going to help that situation. So
if we can open up d.t. and make it something more attractive
for people and come down and fight with the parking problems,
etc., etc., it is going to be a blessing for all of the
businesses, not just the restaurants. And in terms of the side
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#7 page 8
and front encases as you referred to, as far as I can tell
from the letter and the information that I received, those
wouldn't be allowed. I know you have to have a sign saying
demarking the area but I don't think, I could be
misunderstanding, I don't think you can encase your seating.
Am I correct?
Kubby/ No, I think he was referring to an eventuality. That it
could move to the next step.
Pouleson/ Eventualities. We can deal with eventualities when it
becomes realities. You can go on and on about these things.
You will never get anything done. As far as it stands now,
those things won't be allowed. The taking down of the tables,
that is an issue that I would haven't a problem with the 10:00
deadline but maybe some of us would and that can be dealt with
separately. But I think that these things will be pretty well
regimented and you know, if a few of these eventualities come
into play, you have to see how things are going and maybe the
cafes don't turn out in the way certain people anticipated but
once it is a reality you will have some kind of bench mark to
go by. Those are my main points. I think it would be a reality
good thing for d.t. Iowa City in general. And like I say, I
thought originally and not from my own personal financial
growth, four tables isn't going to make that much difference
for me. You know there are only so many nights of the week
that I have a full house inside anyway. So, there are four
that might be outside instead of inside and I would still have
the same number of seats and the same number of people through
that night. However, I think it will increase or help increase
the traffic in d.t. in general which can only benefit every
business d.t. That is all I have to say.
Pigott/ Thanks, Brad.
Baker/ I just want to clear up one thing Brad said. He mentioned
increase traffic coming down and having to deal with the
parking problem. There is not parking problem in d.t. Iowa
City. For the record and if anybody is watching, there is
plenty of parking. So that is not a problem. Just come on
down.
Horow/ Anyone else care to address council?
Rodney Anderson/ I am from Panchero'so Some of you on council may
have gotten my letter and a couple of pictures and I just want
to say that we are very much in favor of the sidewalk cafes.
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F041195
#7 page 9
I think it is an overall attraction for d.t. and would improve
everybody's business, not just the restaurants business. I
think there would be a lot of people who would like to come to
the retail shops, shop all day, and then sit at a sidewalk
cafe in the evening when it cools down. I think it would be
very positive for everyone. Some of these issues that are
brought up I think can be addressed in a strong review
process. I am very much in favor of having these sidewalk
cafes done the right way. Nice looking, attractive set ups
instead of someone throwing out two tables and tying a rope
around them or something. So, I think that would be the
situation to address in a lot of these issues. I think it
would be very positive. Anyone has any questions for me on
some of the other things, I would be glad to answer them.
Throg/ Rod, could I ask you a question? Last night we were talking
a little bit about your restaurant and some of us were
wondering whether there was really space for sidewalk care
next to your place and I am sure you have looked at it and
kind of figured out how many tables could go in and so on.
What do you think could happen?
Anderson/ I think we have plenty of space by our building on
Washington Street. We have a long side of the building where
there is quite a actually large sidewalk there. Larger than
most areas. So we could fit as many tables as we would want.
We probably wouldn't want any more than 12-14 seats out there.
But I think we have plenty of room.
Pigott/ Thanks, Rod.
Jayne Sandlet/ Sitting here listening I was thinking about a couple
of things that as I walk through d.t. Iowa City I run in to.
And that is at the end of the pedestrian mall the amount of
cigarette butts that are sitting on the concrete on a brick
pave way that are really an eyesore and at certain breaks at
certain times the amount of smoke that is generated by those
people taking their breaks outside of the buildings. And I
guess as I was thinking about the concept of the sidewalk care
I have always been in favor of it and thought it was a great
idea and I was having the vision of smoke traveling and I am
not.a smoker and the additional people out there doing that
and the disposal of that because I know when I am walking
through that pedestrian area and it hasn't made any difference
whether it is during the day or if it is early morning or
evening, there are a considerable amount of cigarette butts
and trash. Not necessarily trash like paper trash but that
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kind of thing in those particular areas and I guess that would
be my concern. I was thinking as I was thinking about it.
Other than that I feel really positive about the concept in
that area for people that work down there as well as people
that are visiting.
Pigott/ Thanks.
Throg/ I was talking with a fellow down on the pedestrian mall two
days ago and he raised the same question about cigarette butts
and he was wondering whether we might consider installing
concrete stands with sands that you can dispose the cigarettes
into.
Atkins/ Yes. In fact, Jim, I can recall in the last 2-3 years we
have placed a number of them. Remember right out of the Paul-
Helen Building about two years ago the folks would come out
there and congregate and squash their cigarette butts and put
them there. We have no trouble with that. I think, and I am
sure you can understand on the part of the employees d.t. that
are trying to keep it clean and are tired of cleaning up
someone else's messes. Yeah, we can certainly put more of
those down there. They unfortunately end up getting broken and
we have to replace them with some frequency. But the idea is
fine.
Kubby/ Would the make a difference in that location?
Atkins/ In that location they made somewhat of a difference. But
you find folks there will sit along the planter,smoke, and
behind them it goes right into the planter. The urn is sitting
right out in front of them and I don't know what you do about
that.
Nov/ The problem exists everywhere. You can provide a place for it
but you cannot guarantee that the smoker is going to stan up
and walk six' feet.
Arkins/ Down by the playground equipment is a giant ash tray.
Pigott/ In the context of this ordinance
responsibility of the restaurant owner to
bring those chairs inside.
it might be the
clean up when they
Kubby/ That is not explicit in here.
Pigott/ Maybe it should be.
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Atkins/ To your question, yes, Jim, we can get more of them if
necessary and we have in the past.
Cronbaugh/ One thing I would like to say is at the Java House, we
are at the Paul-Helen Building, we do on a regular basis, we
go out there and we sweep and I think it should be the
responsibility of sidewalk cafe owner to make sure that they
do clean up their area on a daily basis. I think it can only
help, again, to that presentation that Iowa City portrays with
a clean environment. So I would encourage something in the
ordinance that that owner is deemed responsible for that area.
It is very important.
Arkins/ With your enthusiasm for presentation, I
spend time next winter beating on your
cleaning their sidewalks, too.
encourage you to
neighbors about
Cronbaugh/ Thank you but I have enough problems with my neighbors.
Throg/ You want her to beat on her neighbors?
Cronbaugh/ We have an entry way that we sweep three times a day.
And .cigarettes for a non-smoking establishment it is our
responsibility. As a matter of fact we are putting a little
thing in our entry way like you are suggested. I would
encourage that in some areas but I think it is still the
owner's responsibility.
Horow/ Any further discussion?
Jim
Clayton/ Hi, again. I can pretty well throw away my notes
because we have finally attracted some attention here.
Yesterday when I counted the restaurants, coffee shops, bars
with food, ice cream parlors, etc., d.t., I came up with 42 of
them in the area that is generally defined as d.t. Iowa City
without including the Old Capitol Mall. And tonight we
actually heard from some restaurant operators and that is
terrific. It is about time because this ordinance affects them
and in many ways, I feel affects them at the expense of some
of the rest of us. And you are familiar with my feeling son
that. I won't go through and harp on it again. You had some
restaurants point out some severe deficiencies in your
ordinance. The ordinance is bad because they were not involved
in writing it. How would you, for example, expect Gringos to
go outside,put three tables in front of their restaurant, and
have their waitress carry hot food through a two door air
trapped system for the front door and march through people
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waiting in line to eat inside. It just doesn't work. Vito's,
a restaurant that could be outside and have several tables. He
couldn't do it because he would have to put in another front
door to be able to bring the food in and out,the dirty dishes
in and out, without interrupting the general flow of his
regular clientele through the front door. So the ordinance
just in a technical area of how do you do a sidewalk cafe when
you have got a building that wasn't originally designed for
one is woefully deficient. We have heard a lot about the nice
places where there are sidewalk cafes. Last hearing we heard
about San Antonio and the great river walk. With one
exception, those are all on private property. They are not on
the public way and no merchant or tax payer supports the
dedication of public way to allow some small segment of the
business community, even though 42 doesn't sound that small
anymore, to allow some small segment an extra benefit. Cafes
in Ann Arbor and Madison keep the sidewalk area next to the
building open for shoppers. In Iowa City we can't do that for
one simple reason, the liquor laws. This decision to put the
cafe next to the building is being solely driven by the need
to be contiguous to the building and the city attorney said it
can't be done any other way. I wonder how the Holiday Inn,
which has an easement right through the middle of its lobby,
gets liquor from one side of the building to the other without
violating the contiguous phrase but I am not a lawyer. Moving
the cafes out into the center portion of the plaza, treating
the plaza as unique geography, and I am not talking about
Washington Street or Dubuque Street. I am talking about the
part I know and that is the plaza. If you put the customers in
Zone 2 away from the building, you can get more tables in, you
can get more customers there, you can get all the ambiance you
need. But unless we can figure a way to lease the sidewalk to
them and get an easement back on it there is no way you can do
it if you are going to want to serve liquor. In 2 1/2 years
there is going to be another d.t. for Iowa City to compete
with. It is only going to be five miles away, out in
Coralville. And unlike a flood or a tornado or other natural
disaster, we have ample warning. We know it is coming and we
know how big a storm it is going to be. If we could visualize
for a minute. Let's put councilman Baker on the corner by Iowa
Book and Supply. He is at home plate. Let's put Karen Kubby
east of Bruegger~s over on Linn Street. She will be third
base. Let's take Bruno and put him down by the Dubuque Ramp at
the corner of Burlington and Linn Street. He is going to be
second base, he is stone man. And we will put Jim on the
corner by Campus Standard. He will be our first baseman. So we
have got an area delineated, a diamond there, a baseball
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diamond. The mall in Coralville, if you knock that all down,
will fit in our diamond but there won't be any parking. I
suggest that you table this ordinance and appoint a d.t. study
group to take a critical look at our plaza which is not over
15 years old. Very few retail businesses can go 15 years
without a major remodeling and renovation and maybe it is time
for our plaza for it to be totally rethunk. Let's do it again.
Let's figure it out. The question of cafes would then be one
part of a much larger agenda about where d.t. Iowa City is
going and where it is going to be 20 years from now. Thanks.
Horow/ Thanks, Jim.
Doug Hoskins/ I live on Burlington Street. I addressed you guys at
the last meeting about this and I am a little bit more
prepared this time. First of all we need to be realistic about
this issue. There is not going to be hoards of people every
single day out on the mall. Out on the ped mall in the d.t.
a~ea just because of the simple fact of weather. Nobody wants
to sit out there in a sweltering heat or high wind conditions
and realistically the weekends would be the only sure fire
days that businesses would want to take advantage of this. And
I believe that this would be a perfect complement to the
Friday Night Concert Series. Downtown is just incredible. It
is a great time to be down there on Friday nights. And there
have been some concerns about the whole idea of fizzling out
after a while and people not really getting interested in the
idea of going down to the cafes. Well that is definitely not
a reason to vote no on it just because it might fizzle out. If
it does fizzle out then we can accept that it just didn't
work. But I don't think that will happen here. As far as I was
confused about what he had to say about the Holiday Inn
getting their drinks out to the patio. But we have a door
right there on the side and in the Swans area. We don't walk
outside on the ped mall already as it is. Another thing, this
ordinance I don't believe is suppose to be designed so that
every restaurant d.t. can take advantage of it. You go to
those other cities, there aren't that many restaurants that
are taking advantage of outdoor cafes. You know, so obviously
there are going to be some restaurants that are just not
possible for them to set up a table. It is not going to be
worth their time and money, like Fries and the other mentioned
restaurants. I think it is a great idea. I think you should go
for it. I was just on spring break for a couple of days in
Boulder and I was sitting out there and I had already listened
to you guys discuss about it, listen to the council discuss
the proposal and I was just sitting out there thinking how
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great it would be to just have this in Iowa City. I love this
town. I have lived in a few different cities across the
country and I came back here because I love Iowa city. Thank
you very much.
Horow/ Anyone else care to address council?
Kubby/ I would like to move that we continue the p.h. to April 22.
Nov/ Second.
Horow/ Why?
Kubby/ The reason I want to continue the p.h. is I think that there
are some things in here that need to be looked at. I like the
idea of adding the DR. We do it with the carts in the
pedestrian mall. I think it is a consistency issue that we are
concerned about with what is happening on the public r.o.w.
And if we are concerned about it in the ped mall we should be
concerned about it in any of the central business zones. I
think we should look at tightening up this issue of who is
responsible for litter in the area. That is not explicitly
mentioned in here. We talked last night about the possibility
of sunset clause that in a specific amount of time it is
stated in the ordinance we would have to conscientious re-
institute a vote on it again and reevaluate or it would die.
We argued about what that length of time would be but the
concept of that I think is a fine idea. And there might be
some other things that other people want to look at.
Pigott/ When would you want to defer it until?
Kubby/ I said in my original motion the 25th. But if that doesn't
seem reasonable I would be amenable to a friendly amendment to
the date.
Pigott/ The only concern I have is I guess the purpose is to have
staff go over these items that you had mentioned and include
them in the ordinance. Because right now I don't know whether
they are major changes in the ordinance in the ordinance or
minor changes in the ordinance and if they are minor, do we
need to wait? The reason I would accept a deferral is to
consider a proposal that Jim Clayton brought up regarding
extending-seeing whether it is legally possible to extend
those care borders out into the center of the pedestrian mall
in that one area. Not in rest of the city. Those other issues
seem like maybe minor. And if they are not minor then I would
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be happy to defer.
Kubby/ I guess major or minor I would like the people who are
listening to have the ability to think about them and give us
continued feedback. If those are the only issues, I would mind
putting the p.h. and first consideration on the same agenda on
the 25th and then we can decide whether to vote or not on the
actual ordinance that night. We always have that ability and
I don't think we are too hesitant about deferring things. The
other~I guess I would be interested in exploring further this
idea of contiguous because when we annex land it has to be
contiguous pieces only 50 feet or 500 feet but it is
considered contiguous by Iowa law. So, why couldn't we do
that?
Throg/ I think that was what Bruno was alluding to with regard to
exploring the possibility of having some of the sidewalk cafes
out into Zone 2 of the pedestrian mall and we have spoken with
Linda about it before the meeting wondering whether there is
some- Whether the council has the authority to write language
in the ordinance that basically defines a pathway. That is the
equivalent of making the sidewalk cafe in Zone 2 contiguous to
the restaurant,s property. We are just wondering if there is
flexibility in terms of writing that kind of language and I
would support the idea of investigating that. I want to say
also just kind to reveal my opinion about all of this stuff is
that I am very strongly in favor of sidewalk cafes. I think it
is a grand idea. I think it would be wonderful for d.t. Iowa
City and despite what Steve said from Fries, I think it would
have the affect of pretty dramatically increasing the number
of people being around d.t., just walking around. I think it
would probably help the business in your restaurant. I don't
think it is a matter of fixed size pie. I think the size of
the pie would probably expand. So, I am strongly in favor of
it and I think we ought to be. learning by doing as we adopt
this ordinance. We should expect that when we make some minor
mistakes that we will want to change some thing about the
ordinance as time goes on. But we ought to get something
going. Let people who want to put in these sidewalk cafes do
it and so we can all see what happens. See what the affects
are and learn from them and go on.
/ The street vendors who are in the middle of the pedestrian
mall right now. Is there a separate ordinance that relates
just to that? because that is a restaurant in the middle of
the plaza right now.
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Woito/ Yes.
Horow/ They don't serve alcohol.
/ I understand. The restaurant could choose not to serve
alcohol and perhaps be in a non-contiguous part?
Horow/ Yes.
Nov/ It could be written to permit that.
Lehman/ Linda, a couple of questions. We presently have an
ordinance which permits sidewalk cafes. Is that correct?
Woito/ Yes. What we are trying to do is refine it and our charge
was to try to make it easier for restaurants to take advantage
of it.
Lehman/ What is the biggest difference between the present
ordinance and the proposed ordinance?
Pigott/ Alcohol. That is what you are looking for.
Woito/ We are not requiring screening and we are now permitting
alcohol.
Lehman/ The basic question is not sidewalk cafes. It is whether or
not you can serve alcohol.
Woito/ Correct.
Lehman/ Which gets us to the contiguous part and whatever.
Woito/ Right.
Pigott/ I disagree. I think it is about sidewalk cafes. It is not
just about alcohol because the alcohol is a part of the issue.
But the issue is making it easier for the businesses to
establish them. some would like to serve alcohol feel it is a
prohibition because they can't to that, serve a single glass
of wine or beer with a meal, for instance. And this is part of
that making it easier for businesses to establish that as well
as you said Linda, screening and other issues. So, I think it
is not just an issue about alcohol. And to say that is to
reform the issue around parameters that it is just not suppose
to be around.
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Lehman/ Well, I disagree with you and I have talked with restaurant
owners who feel that this is a more restrictive ordinance than
the present one.
Pigott/ For some I think any ordinance maybe restrictive.
Lehman/ But it is restrictive because of alcohol.
Pigott/ Explain that.
Lehman/ The restrictions on most of this ordinance are because of
the fact that we want to allow alcohol. The contiguous part,
the whole thing is totally related to serving alcohol. So we
are not talking about sidewalk cafes. We are talking about
being able to serve liquor outside.
Kubby/ What else besides the contiguous issue has to do with
alcohol?
Lehman/ I think the contiguous is the biggest problem.
Horow/ The time removing the tables so that we can get away from
when the bars are heavily active.
Woito/ Well, it is also more flexible. We used to require-Well, the
current regulations only permitted it during certain months of
the year and the hours were less. Those were two major
changes.
Kubby/ Was there a fee involved in the old ordinance as there is
here?
Woito/ It was just by resolution. There was no-
Kubby/ But the fee is mentioned in here. So that it establishes the
fact of the fee and not the amount.
Woito/ I don't think there was a fee.
Clayton/ We had someone tonight speak from the Java House. She
would like to put tables outside. She does not serve alcohol.
Am I incorrect in assuming that assuming that there is nothing
on the books now that would prevent her from putting tables
outside? Is there anything that would stop her from going out
and giving us a free trial period on a sidewalk type of cafe
operation to see what it does to traffic flow?
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Kubby/ There is a difference. Screenings, you couldn't be open as
long, it would be pretty restrictive hours and I can't
remember what else.
Woito/ She could do it.
Nov/ She needed some form.
Clayton/ So, indeed, if she can go out now, then councilman Lehman
is correct. The only difference between this and between what
exists now is what you are trying to do is alcohol.
Pigott/ No, not true.
Nov/
Okay. I have a couple of questions here. As far as I know, the
current law defines restaurant in such a way that it excludes
a coffee shop or an ice cream shop or something like that and
we have revised it to include those kinds of things. And also
we increased the hours compared to what is currently on the
books. However, I think that somebody like Tara is going to
have a problem even if she were able to take out, I mean take
the tables into the restaurant at 1:00 because you open some
morning at 7:00 and it will be pouring rain and you will have
to take those tables outside. You will have to find a place to
keep them on a day that it is too cold to eat outside. In
other words, there are going to be storage problems for
everyone.
Kubby/ It is not necessarily up to us to know- It is good to have
input to try to prevent problems. And if what we are doing
isn't going to work for anybody, we will see.
Horow/ One more and this is it. We have got to move on.
Cronbaugh/ one thing I want to add is I am not doing this to profit
personally. I am doing this for the community. And as far as
bringing in the tables, I am just simply saying who is open at
10:007 Myself. There has been 4-5 competitors who are also
coffee houses who are moving in. I expect to see more in the
next few months. What alternative are people like yourselves
going to have at 10:00. You can go to a coffee house, you can
go to a movie then go to a coffee house, or you can go to a
bar. I am simply trying to leave that time span open for
people to give them the opportunity to still reside outside.
That is all I am trying to do and I don't want to haggle over
this issue. But I did think that we don't serve alcohol and
what is-maybe the coffee houses and the non-alcohol issue
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F041195
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might be a good start and then at that time you can tweak your
ordinance into the proper reading. I see that as a problem.
you can't get it right the first time. But that is an idea is
to start with non-alcohol first, see how it goes then move
into a alcohol situation.
Woito/ Actually the police were the ones that were pretty concerned
about the 10:00 closing hour for alcohol and their concern
beyond that for non-alcohol is non-existent. And there would
be a reason why you might want to make an exception for non-
alcoholic restaurants. It would be open later.
Kubby/ If you have a liquor license you close at 10:00. If you
don't have a liquor license, you could be open later.
Karr/ Their concern was alcohol issue, not necessarily the
establishment. We have a number of individuals d.t. later in
the evening that without proper screening-It was a safety
issue of people just not being aware that there were amenities
out there and the police were concerned about broken glass,
tables and chairs being out there, potentially not being used,
left idle when individuals who possibly would have too much to
drink would stumble over them or use them in an improper
fashion.
Horow/ There is a motion on the floor to continue this p.h. to
April 25.
Kubby/ Linda, in terms of further exploring this contiguous
question, is that amount of time reasonable for everything
else on your plate?
Woito/ Yes. What you want is a flag premises. I can tell you right
now we could do it. You can have your flag but you are still
going to have to demarcate your flag area and not permit
people to go through it. You still have to have the flag
roped.
Kubby/ Why? I don't need it tonight.
Woito/ You can eliminate the demarkation in the ropes and be done
with it.
Nov/ I am also concerned about the safety issue of people carrying
trays of hot food through a pedestrian path. I think that has
to be a concerned. Pedestrians traveling through there is
going to be pretty heavy some days and they may not
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necessarily be watching for a tray full of hot food. We need
to consider this.
Horow/ Okay, let's close this. I need your pleasure on continuing
this hearing until April 25. All those in favor signify by
saying aye (6/1. Throg-no) .
Karr/ Madam Mayor, can we have a motion to accept correspondence?
Horow/ Moved by Kubby, seconded by Lehman. There is a motion and
a second to accept correspondence. All those in favor signify
by saying aye (ayes). Wow.
Karr/ And the motion to defer was unanimous or was there one?
Woito/ What was the vote?
Throg/ 6/1.
Horow/ Who was the person that voted against?
Woito/ Jim.
Pigott/ So we know what we are deferring for? Specific reasons,
right?
Baker/ That was my question, the deferral on the ordinance itself.
Horow/ I think in the minutes we will be able to bring this out.
Baker/ But was one of them flexible hours?
Pigott/ I would be in support of that.
Baker/ Or alcohol versus non-alcohol? Weekend versus-
Pigott/ Flexible hours, alcohol or don't who don't have alcohol
license versus those who do.
Kubby/ The contiguous question, sunset clause, design review and
litter.
Baker/ I would also like to get this thing resolved and started as
soon as possible.
Horow/
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ITEM NO. 9 - PUBLIC HEARING ON IOWA CITY'S CONSOLIDATED PLAN FOR
FY1995-FY2000 (AKA CITY STEPS).
Horow/ Declare the p.h. open. I will ask you to approach council,
sign in, state your name and keep your comments to less than
five minutes.
Linda Murray/ I am Chair of CCN which is the citizen committee that
reviews all the proposals for CDBG funds on an annual basis.
After we have reviewed the proposals we make recommendations
to the councilors on how the full CDBG allotment for Iowa City
should be allocated. This year Iowa City received an allotment
of $1,112,790. We had 17 proposals requesting a total of
$1,786,192. All of the proposals that we reviewed were
worthwhile projects that we attempting to address a valid need
in our community. The Committee used the recently completed
City Steps Plan to help us establish guidelines and
priorities. City Steps is Iowa City's consolidated plan for
housing, jobs and services for low income residents which
makes recommendations to guide the city in planning for
assistance to its low income population over the next five
years. As a result, the majority of our recommendations center
on projects that attempt to meet area housing needs. Thank
you.
Horow/ Anyone else care to address council?
Charles Eastham/ President of Greater Iowa City Housing Fellowship.
As you know the Housing Fellowship has applied for funds from
this year's allocation, the CDBG and HOME Programs funds, for
site acquisitions for affordable multi-family rental housing
project. The Housing Fellowship also applied for funds for a
similar project from last year's CDBG and HOME allocations. I
Would like to ask or request that the council follow the CCN
recommendations in regards to allocating $100,000 of CDBG
funds to the Housing Fellowship for site acquisition for
affordable multi-family rental housing project out of the
current years or up coming year's allocation. The Housing
Fellowship has a site for multi-family rental housing project
which we will be presenting a proposal shortly which will use
funds from last year from the CDBG Program and HOME Program.
We also have a purchase offer on an additional site which we
will propose the use of funds from the upcoming year's
allocation. Therefore we feel that it is important to have the
$100,000 recommended by CCN for site acquisition from the
coming year.
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F041195
#9 page 2
Baker/ Charlie, can I ask you a question? The site you have that
you are fixing to bid on or negotiate for, it is contingent on
you getting the $100,0007 Without the $100,000 you can't make
the offer?
Eastham/ The site that we have now is not contingent-necessarily
contingent upon the $100,000 from the upcoming year's
allocation. But the site that we have and we are negotiating
for would be-being able to acquire that site would be
contingent upon having those funds.
Baker/ And what sort of schedule do you foresee for that decision?
When would you know?
Eastham/ That question is a little more difficult to answer in a
straight forward way. Within the next several weeks would be
reasonable to expect a decision on that particular site.
Nov/ Charlie, you did not mention the allocation of the HOME fund?
Eastham/ I am sorry. I meant to.
Nov/ There is $200,000 of potential-
Eastham/ Oh, from the coming years of HOME funds. That is correct.
Our request is that both HOME funds and CDBG funds be
allocated for site acquisition for an additional project.
Nov/ You have a strong potential acquisition worth $500,000 today?
Eastham/ I am talking about two different projects. We have a site
for-
Nov/ I am asking if the amount is going to be that high?
Eastham/ The amount will certainly be that high.
Kubby/ Would be prudent to ask him to give us a specific number at
this time?
Nov/
I just feel that reading your application the projection was
$390,000 and therefore I am asking how you are getting this
high?
Eastham/ The application for the coming year's buy. The application
was based upon a 10 acre site. We plan to acquire a site of
that size or larger. For a site of that size or larger we
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F041195
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would need the full-actually we could use the full $390,000 to
put in the application. But the recommendation from both the
CCN and Housing Commission is for a total of $200,000.
Nov/ Maybe I am not being quite clear. I am counting the $300,000
that is already sitting unspent and I am adding it all
together and I am asking if you are going to need that?
Eastham/ I would say yes, we would need that much, yes.
Baker/ All right, Charlie, just for my own clarification again. The
information that you are resenting to us tonight is the same
exact information that when you made the presentation to CCN?
Nothing has changed since you made your original presentation
to CCN as far as your schedule or anything like that?
Eastham/ Something has changed. We do have a site for a project
that we submitted an application for last year. That has
changed, having a site.
Kubby/ You have definitely made an offer on a site? That is what is
different.
Baker/ Thank you.
Horow/ Thank you, Charlie.
Graham Dameron/ Director of Johnson County Department of Public
Health and I am with as I say it every year-the CCN was faced
with a number of difficult decisions and I want to thank the
CCN for making its reco~endation of $100,000 for the ADP for
a new facility. It is my hope that the council will accept the
CCN recommendation. Thank you.
Horow/ A question was raised last night whether or not there is any
progress made in terms of acquiring another location. Do you
have any way of addressing that this evening or not?
Dameron/ We will find a site by the time the money gets here.
Lehman/ Graham, while you are up here. You and I talked about the
it very briefly. Are we looking at the possibility of
contracting this out as well as acquiring a site?
Dameron/ We h~ven't looked at contracting it out to be truthful
with you, Ernie.
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Lehman/ It would seem to me that there may be local places where we
could contract this out and perhaps save money. I don't know
if that is true at all. But we do have care facilities within
the community who are very well equipped and have the
expertise to handle this sort of thing and might very well
welcome the income and cost us less money.
Dameron/ We have not been approached by any facility which has that
and it is my feeling that they would get into the business if
they felt-that there was a reasonable profit there to do so.
Lehman/ I am not sure they recognize that there is a possibility.
Maybe they do but I think it is worth looking at.
Kubby/ Is the ADP the only adult day program in the county?
Dameron/ Yes it is.
Kubby/ And my understanding is you have quite an extensive waiting
list? So there is a market out there?
Dameton/ There is definitely a market there and our list is not
long because people have to do something almost of immediate
nature. They cannot wait. So it is not a long list but I am
sure that if we have a larger facility than what we presently
have, that can be very well very quickly filled up.
Horow/ Thank you.
Dameron/ Thank you.
Horow/ Anyone else care to address council?
Michael Nameche/ I am a Vista volunteer currently stationed at the
EHP. Pat Jordan, the Director, asked me to come here and speak
on the EHP's behalf and I would like to ask the city council
support the allocation of funds towards the Furniture Project
Coordinator's salary. EHP clients directly benefit from this
project very gratefully in that it provides them with
furnishings for their apartments that they transition into
whfch we feel that a furnished apartment is a good lead
indicator towards self sufficiency where as a barren one tends
to work against that progress. It is a very depressing
environment to return home to. Even the most stoic monastery
affords someone a bed. 'Whereas we, at the EHP, are not at the
state where we can allow our residents to stay long enough to
acquire enough money to move into an apartment and then
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F041195
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furnish it. And quite literally I have been to clients, former
clients apartments barren for months without a bed, without a
table° I am certain other people will address the
environmental concerns but I guess, in total, we support the
Furniture Project as a fledgling organization that has been in
existence for two years now and we feel that this funding is
crucial if this organization is to grow and continue this
vital service. The second point is the allocation of funds to
renovate the bathrooms of the shelter. The City Steps has
indicated this is a priority and it is and so we ask that the
council looks favorably
CHANGE TAPE TO REEL 95-54 SIDE 1
Jean
Mann/ The Director of ESA and I am here on behalf of the Small
Repair Project that has been supported by the CCN and I am
here to ask you to support their recommendation. This is a
program that is just a stellar program. Last year the average
cost per person that we helped was $200. You know the mission
of our agency to keep people safely in their homes. And I
don't know anything that we do that has been as direct as this
program has been in being able to help people do just exactly
that. Small repairs can make a tremendous difference. So, I
would encourage you please to support this further. Thank you.
Pigott/ Thanks, Jean.
Horow/ Anybody else?
Jayne Sandler/ Now I am the representative from First National Bank
and what I wanted to do is just ask the city council to affirm
the recommendation of the Housing Commission for the Down
Payment Assistance Program for manufactured housing that is
being sponsored by First National Bank.
Kubby/ I had have a question last night and the question was is it
appropriate to use public moneys to a bank to then loan out?
So then we were informed that is not what these moneys-there
was a clarification of the program. That this money will be
given to people so that they are credible. But to get them in
a position where they are less of a risk.
Sandlet/ By giving them down payment assistance at a very-no
interest in a declining balance, it gives them a position of
basically the loan not being viewed as a loan but not being
viewed as a loan with a pay back on it the way-If First
National Bank were to have a down payment assistance program
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F041195
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out of our funds, we would have to loan them out with
interest. So that would create an additional debt for the
borrower. This provides some additional down payment which
brings their credibility more in line, gives them an ability
to be more creditable, additionally to lower their payment for
them which wouldn't otherwise occur.
Kubby/ I guess my question then was as part of the CRA Portfolio,
why couldn't the bank invest $80,000 in the same way they are
proposing to us the HOME funds? Why couldn't you have that
declining balance over? Is it a matter a law or a matter of
policy?
Sandler/ I don't know that it is a matter of law. Usually any kind
of-When we had our down payment assistance program for
affordable housing, that is a loan, there is interest on that.
It has been-it was set aside for a period of time as long as
it was paid back within a five year period of time. However,
these loans that are being done, because they are fixed rate
loans over longer periods of time, 15-20 years, they are not
being retained by the bank in our loan portfolio. so we are
unable to provide that kind of a service.
Kubby/ (Can't hear).
Sandlet/ Well, it is similar to that. It is the same concept but it
is the manufactured housing market. Correct.
Nov/ So you are talking about a total length of mortgage as 15-20
years?
Sandler/ If they are new units or newer units, up to 20 years and
the program also- I mean the manufactured housing program that
we will be instituting, not necessarily for this because this
is for purchasing, but also allows refinancing of manufactured
homes. So there are benefits in the affordable housing
community additionally outside of this down payment assistance
program.
Nov/ And this will be a new or used mobile home?
Sandler/ Homes that have been built after 1976 with the HUD Code.
Nov/ And what about the closing fees and the interest rates?
Sandler/ The interest rates will be basically dictated by the
investor or the market place. However, they run, I checked
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F041195
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today what they are are and they are basically 12% if someone
had about a 15% down payment.
Nov/ That is pretty high.
Sandler/ This are not real property that are attached to real
estate. They are personal property that have a declining in
value over time. So industry wide mobile homes or manufactured
homes, any building that is not attached to real estate and is
mobile is viewed as personal property from a tax standpoint as
well as from a banking standpoint.
Nov/
I noticed in your application you said 8% must come from the
borrowers own funds. That is the down payment. What is the
total down payment?
Sandlet/ Well, that depends upon the down payment assistance that
they are able to receive. They can do it for as little as a
10% investment or 8%, I am sorry, an 8% investment. If the
Down Payment Program through the HOME funds is made available,
then at $2500 would be used for the down payment assistance.
Additionally these purchases have the ability, depending upon
the borrower situation and probably most would qualify for
IIHAP, Iowa Individual Housing Acquisition Program Funds,
which is a matching dollar for dollar grant that is used for
affordable housing purchases and we have used that for
purchasing of homes for low to moderate income purchasers and
it is also available on manufactured home purchases as well.
Nov/
I am still not understanding this. If someone comes in who has
saved 8% of the down payment, I mean 8% of the total cost, are
they then going to get 8% from this housing program at the
state level? Are they going to get another 8% from the local
housing assistance? I am not sure exactly what your bottom
line, total down payment is going to be.
Sandler/ Well, that depends on-the total dollar that they are going
to receive is the $2500 from local assistance. It is going to
be a flat amount. There won't be a percentage of their down
payment or a percentage of the loan amount. It will be a flat
amount. The 8% from the borrower will be their contribution
and IIHAP will have-They will have the ability to access IIHAP
if they are eligible and that is a dollar for dollar matching
grant which is free money for the borrower and that is up to
5% of the loan amount. So I can't give you a bottom line
dollar figure because it is going to vary from individual to
individual.
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F041195
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Nov/ All right, what about a percentage figure?
Sandlet/ I can't do that either. I have got the same problem with
it. I don't know how far the $2500 will take a particular
borrower. If you have a family who is purchasing a unit that
is $40,000, it is going to have a different impact than
someone who is purchasing a unit at $20,000.
Nov/
So, if someone had this $2500 plus 8%, you would not care
about the percentage of the total cost? You would say the loan
is available?
Sandlet/ I am not sure I understand what you-
Nov/ Make up numbers. Let's say it is 8% of $40,000 plus $2500
which makes your down payment X% and you would accept X%. You
would not say the minimum is X plus 2 or something like that?
Sandlet/ No, that is correct. 8% is the minimum that is required.
The $2500 is affording them a lower monthly payment by
increasing their down payment percentage from the 8% minimum
that is required. That is correct.
Kubby/ I thought I had read somewhere and I can't seem to find it
here right now a figure of 11% loan rates. But you are saying
whatever the market is?
Sandler/ Whatever the market is. Now the particular group that we
are working with on this does not change and alter their rates
on a daily basis as the secondary market does when you are
purchasing a home. It is not as volatile. But the down payment
percentage does affect what the interest rate will be. So if
the $2500 only allows them to make a 15% down payment, the
rate is X. But if it afforded them a 20% down payment then
they would get an even better interest rate.
Lehman/ Although we haven't seen much of this yet, I really
anticipate in the very near future you are going to see a lot
of manufactured housing on permanent foundations. Where they
own the real estate. How will that affect the interest rate?
Sandlet/ The permanent foundation, permanently attached
manufactured housing is not addressed in this at all and it
will not be available through this program.
Lehman/ No, I am just asking you,
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Sandlet/ As far as just anyway? We do see quite a bit more. We have
been seeing quite a bit more manufactured housing attached to
real estate and it has increased, the secondary market does
purchase those loans. If somebody was looking for a fixed rate
long term loan, the basic guidelines are the same as just a
house on a piece of property.
Nov/ And the closing fees on this kind of thing are normal closing
fees?
Sandler/ Actually they are normal closing fees for purchasing
manufactured housing as a mobile home not attached to real
estate, yes. Usually they are around and I am trying to think.
There is title fees and there are appraisal fee- There are
some fixed costs. I am wanting to say they are somewhere
around $500 but they may not be that high.
Kubby/ I thought in here it mentioned $550.
Horow/ Any other questions?
Kubby/ The closing costs of the program-
Nov/
These things are still very iffy and my biggest concern are
that they aren't any vacant pads to put these mobile homes
onto.
Pigott/ There will be plenty.
Sandler/ 1-There doesn't have to be vacant pads available. If
someone is selling their particular unit and a borrower walks
by and chooses to purchase it, this program and the down
payment assistance would be available to them. They can
purchase a used unit. So they don't have to go to a vendor to
purchase a brand new nit and look for a pad to put it on.
Existing properties are available to be handled through this
program. And the other side is if there is vacant lots
available and purchasing new units or purchasing these units
are still available.
Horow/ Any other questions?
Kubby/ Thanks for all the details.
Horow/ Anyone else care to address council?
Jim Harris/ I would like to talk about the assistance to the
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F041195
#9 page 10
voucher and certificate program to recipients and I had
originally brought this up to the council in February I
believe. Based on information that I did obtain from the
housing staff and as I explained to you at that time, I would
still prefer to see full time person, funding for the full
time person materialize. It's unclear to me. I certainly don't
want this allocation of 16,000 to be considered lightly
because I don't have any way of perceiving whether it's likely
to come from another source. If it does not and this is
absolutely essential in my view, and I also feel that we have
got to get better information on the commission and get a
greater clarification as to what is the need. I get mixed
signals in quite a broad range of estimated need. I'm aware
that the staff has said that we don't need a full time person,
but I'm yet to be convinced. I just thought anyway I don't
want this to-
Horow/ You're talking about the life skills coordinator.
Harris/ Yes. But I think it's not something that Life Skills should
be called on to advocate. I think it's a Housing Commission
which we did vote to support the 35,000 unanimously and I'm
not dissuaded from that myself at this point, but I don't want
this proposal to go down if the other one is not going to fly.
And I don't know how this is going to- something that's beyond
my knowledge of or ability to predict, so I have to leave it
with you.
Horow/ Okay. Thanks Jim.
Pigott/ Thanks Jim.
Horow/ Anyone else care to address council?
Vicki Lensing/ I was one of the members of the City Steps Committee
that helped assess and put this together. I would like to urge
the council to adopt the City Steps proposal overall. As a
member of the business community, this was an eye opening
experience for me. Thanks to the members of the general public
who spoke at the poh.'s and all the information that the city
staff put together, it was quite an education on the needs of
low income individuals and families in the Iowa City and
Johnson County area. It was a very difficult task in assessing
and trying to prioritize all of these needs. And we try to
look at the big picture. I realize there are a lot of
different agencies and a lot of different requests that we
made but I would urge you to consider the program overall. We
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F041195
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tried to make our decisions and prioritize these needs in a
way that would best provide services that will assist
individuals and families reach and or maintain self
sufficiency. I know there are a lot of different groups asking
for different amounts and different funds and we tried to- A
lot of things received high priorities simply because we
didn't want to give up that program and felt if it received a
lesser rating it may not be considered as highly. We also
looked at the big picture and a lot of the pieces of the
puzzle connect or link onto something else. And so I have
asked you to look at the big picture and please consider this
proposal.
Horow/ Thank you for your time. Is there anyone else that cares to
address council?
Kubby/ Actually I have a question for Cynthia, sorry. You can nod
your head actually.
cynthia/ I will come up.
Kubby/ You asked for $23,000-
Cynthia Kay/ I am an Americore Vista volunteer and I am the
coordinator of the furniture project.
Kubby/ And CCN recommended $10,000. It was our understanding last
night that the city manager has agreed to $10,000 from our
Landfill Fund because what you do is prevent usable goods from
going into the landfill getting buried and instead gets into
people's homes and gets used again. Is that $20,000 going to
do what you need the $23,000 to do or how will you make up
that extra $3,000?
Kay/
At this point in time there has not been time to look at that
other $3,000. It will reduce the project's staff position to
a 3/4 time job based on the DVIP entry level salary. Therefore
that 10 hours could cut some specific services but we have not
actually met to decide what that is going to be happening.
Chris Kinkead and I will be meeting on Thursday to set down a
very strict 30 hour a week schedule to see what is going to
happen with that.
Kubby/ We are voting on this in two weeks, is that correct?
Horow/ Yes, April 25.
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Pigott/ That is right, April 25.
Nov/ I thought the deadline for comments is April 27.
Pigott/ I thought that Marianne told us we had to get this shot
through here-
Kubby/ City Steps and the CDBG votes are different issues, correct?
Milkman/ No. You are quite right. You are voting on it two days
before the comment period actually ends. That is because, like
most things, we require a-HUD requires a 30 day comment period
and we could not start it before the 28th of March. We have
today received no written comments. We have received comments
tonight. There has been a lot of publicity and a lot of
opportunity for people to comment. If we do receive any
significant comments between the 25th and the 27th we will
tell HUD we can't get it to them by May 1 and get it back to
you if there is a significant change. We don't really
anticipate any.
Nov/
What if we continue the p.h.
if there are any people who
choose t6 come on the 25th?
and accept cowaments on the 25th
are watching this tonight and
Milkman/ Oh, you can certainly do that but you still need to vote.
Nov/ We still need to vote but we could continually accept
comments?
Milkman/ Yeah.
Kubby/ I guess what I would like to do is because when you think
about $3414 being translated into 10 hours time for the
Furniture Project. It seems llke a good investment. I guess I
would like to hear what your, Cynthia, what you find out from
your discussion with DVIP. If you could get that back to us
before we vote. At this point I would be kind of inclined to
ask people to think of taking some money, that $3414, out of
the contingency because what it gets. What that small amount
of money gets.
Milkman/ Before you go any further, I need to tell you that we have
a 15% cap on what are called public services and the three
things that are funded are the Aid to Agencies, the $105,000;
the Life Skills Project; the Furniture Project and I have lost
the third one. Right, ~ayor's Youth Employment Program.
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F041195
#9 page 13
Kubby/ Well we could direct the city manager to take more of the
Landfill Fund or something. But anyway-
Nov/ Marianne, is the 15% a local limit or a HUD limit?
Milkman/ HUD limit.
Horow/ Cris-
Cris
Kinkead/ DVIP. Cynthia and I haven't had, just because of
timing, we haven't had time to meet. But part of what we will
be discussing is Iowa City has been a very generous community
and just the 1 1/2 that i have been here. I have noticed that.
The Furniture Project has brought in almost about $5,000 in
donations in the last year. We think the $3,000 rather than to
take away from somebody else, part of what we are going to
look at Thursday is really making this a full time position.
We think we can do that out of donations.
Kubby/ Let us know what the outcome of your discussions are before
the 25th?
Kinkead/ We sure will, thanks.
Horow/ Anyone else care to address council?
Baker/ Sue, can I just get a clarification on that particular issue
and Karen's suggestion that we go ahead and fund it from some
other source or whatever. The difference between the full
funding of $23,414 and $20,000 is a 1/4 drop in the position?
Kinkead/ What we are basing that on is entry level wages for a
staff position at the DVIP Shelter and that includes medical
insurance and taxes and when the salary, if say for instance,
I do believe we figured it out at $9.00. If you figure that at
$9.00 an hour with taxes and medical insurance it comes to
$23,400 with all of your-you know, the 1.765 and then whatever
the $156 a month I think is what it was. When you reduce that
to $20,000 it takes away-the medical insurance ends up having
to be paid for out of the individual,s pocket to balance that
for the full time position and then it reduces your taxes as
well. So that is sort of the estimate but it is probably
pretty realistic.
Baker/ Thank you.
Horow/ Anyone else care to address council?
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F041195
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Moved by Nov, seconded by Kubby to continue to April 25. Any
discussion?
Baker/ ¥eah. I just want to get clear what we are doing in the mean
time as far as whether or not the council has any suggestions
or concerns about any individual recommendations and
allocations. Do we meet with CCN? Do we talk tonight about
concerns? What are we going to do here?
Horow/ It is a good question because CCN asked whether there was a
special meeting needed. What is your pleasure?
Kubby/ I think we should bring out what some of those issues are
and we can decide tonight, then, if there needs to be a
special meeting held to assess them in detail. If they are
kind of minor adjustments-
Baker/ I just want to get a sense of council on the $100,000 for
the affordable multi-family program and whether or not we want
to hold that, set a time limit and allocate somewhere else and
then if they come in and need the money before the other
source can use it, reallocate it. It can be done.
Pigott/ Was some arrangement made regarding that? Or was it another
program we talked about last night where they was some-?
Milkman/ That was the main area where the staff recommendation
differed from CCN and the reason was that the $300,000 has sat
for a year without being used. We are very concerned in having
this happen again. I think that Greater Iowa City Fellowship
and Robert Burns are doing their damndest to get land. I am
not, you know, I don't want to kind of in anyway reduce what
they are doing. They are making a tremendous effort. None the
less, even when there is a signed purchase agreement,
generally there is rezoning required for when you are dealing
with multi-family housing. It is a long term process and so I
am very concerned that we not have too much money sitting.
Well, we have money available when we need it but that there
not be too much that just sits.
Baker/.I am just wondering if it is reasonable or feasible to set
a time limit on it. To say all right, you have got the money,
but after a certain date we would like to have some
resolution. If not, we need it for some other program like the
Working Singles Program.
Pigott/ Is that where you would like to put it, Larry?
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F0¢1195
#9 page 15
Baker/ That is where I would like to put it.
Nov/ I would like to put some money in the working singles.
Baker/ If this is something that is necessary and is very imminent
and with a purchase agreement and getting the housing project
started, I am comfortable with that. I am just not comfortable
leaving it there for the whole length of time.
Kubby/ Because Marianne said these projects were lengthy,
especially if there is a rezoning, I am hesitant to put any
kind of time frame on it at this point because of that fact.
because our public process is lengthy and it is a positive
part of our process.
Baker/ Excuse me. I don't have any problem with length after we
know where the site is.
Kubby/ So it would be contingent upon an option.
Baker/ At least a tentative purchase agreement or something.
Pigott/ One of my concerns is in regard to the Working Singles is
that-How long would that take before that program is generated
and up and moving, too, because one of things that I am
concerned about is well, we transfer money from one pot where
it is boiling and cooking, waiting, to another which may have
the same affect and I don't know. It sounded as though the CCN
and the staff agreed that there are many issues with the
Housing For Working Singles which had to be worked through
before we really started on that program. Sounds like a great
program to me but wouldn't want to just transfer money from
one funds to the next and just have it waiting.
Baker/ But my concern is next year at this time that money is still
sitting there and the Working Singles Program, for example,
may have-
Pigott/ I guess that was a question I had. If you had that money,
would it get off the ground or would you just be, you know,
laying the ground works still? I don't know if there is a time
line attached to that program.
Milkman/ Right. I don't really think it would get off ground any
faster. I think probably, you could always amend the
allocation plan. If we do, it just depends on how much time
the staff can get in the next couple of months to really put
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F041195
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this thing together. If we can get it together, the Working
Singles thing, then we will probably say, look, there is a
property here that is going to fit this, we have it all in
order, can we amend the plan.
Baker/ And six months from now if Charlie does not have a deal done
or started on his project and the money is still there, it is
a question that we can deal with. I am assuming you will have
a decision long before, Charlie?
Nov/
I would really prefer that we do it the other way. I would
like to take the CDBG, the $100,000, that was allocated to the
Housing Fellowship and say look, you have already got $400,000
sitting here, I would like the other $100,000 to be sitting
for the Working Singles Project. I would rather see $200,000
sitting there because I think that that is a reasonable amount
of money to be spent. There is going to be a good place to do
it a lot quicker. I think-
Pigott/ I disagree because from what I heard from Charlie Eastham
tonight, it sound like they are working on something which is
and it sounds to me that although he couldn't feel free to be
specific, that they are going to need all of that money or-
Therefore, I am willing for it to sitting back, that pot right
now. If it doesn't pan out then let's see. But the Working
Singles isn't ready to go right now. Charlie and the Greater
Iowa City Housing- They are working and it looks like they
have got something right-
Nov/
I think they have something for the $300,000 that was
allocated last year. I am relieved to know that they have that
because HUD will be much happier with us but I am not sure
that the next one is quite that sewn up.
Pigott/ He didn't say that.
Kubby/ I prefer to keep it where it is at.
Baker/ I don't mind keeping it where it's at as long as we know we
can reconsider it in six months if circumstances are not, you
know, are different. That's there's no property out there.
Throg/ I agree to that and I'm looking forward to hearing about the
working project.
Pigott/ ¥eah. Me Too.
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F041195
#9 page 17
Horow/ I don't think there's four, appear to be four votes to
change that around.
Nov/
Before we get to the next part of the p.h0 I'm have to tell
you also still concerned about this down payment assistance
program. I think the bank program that they had last year gave
a lot of money as well as time and energy from the bank point
of view. I think they reduced interest rates from market rates
and they reduced the minimum percentage down pa~nent, and this
program seems to me that the bank is putting in time and
energy but not money. And so I'm not as happy with this
proposal as I was with what they did last year completely
without our help.
Kubby/ I'd have to second that.
Horow/ All right. There is still a motion on the floor to continue
this meeting until April 25.
Kubby/ I have another question.
Horow/ Their question was meeting with CCN. Do you feel any of the
questions that we're dealing with now could be dealt with with
CCN or do you want to-
Kubby/ I don't think with what we've just talked about that we need
a separate meeting.
Pigott/ I don't think so either.
Kubby/ (can't hear)
Baker/ No.
Horow/ No.
Linda Murray/ My sense of the discussion-
Kubby/ You need to go to the mic.
Horow/ Got to get up to the mic.
Murray/ My sense of the discussion that we had, I don't think
anybody on the committee would have any problems with what
you're talking about. Much of what you're saying we said. And
most of the votes were pretty close.
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#9 page 18
Horow/ Thank you.
Kubby/ I have a separate kind of issue and it's a question for
Linda. And that I would like to abstain on the HACAP
transitional housing vote. I'd like to have two votes. And I
guess, Marian, does that cause a problem in our paper work for
HUD, or any logistical problems in two weeks.
Woito/ No. I don't see any problem with it. Pulling it out and
voting on it separately.
Kubby/ I feel more comfortable with that as a board member on
HACAP.
Horow/ Anything else?
Woito/ We will have that figured out by in two weeks. We need to
separate the resolutions.
Horow/ All those in favor of continuing the p.h to April 25 say aye
(ayes) .
Kubby/ Excuse me, I had one last thing. I know that we say this
every year to CCN and I guess this is for the Housing
Commission. Thank you. It gets harder and harder every year
and this year, in particular, it seemed very challenging. I
also very much appreciated having it cable cast. You were
sitting here. It was really exciting to see just regular folks
just sitting around a table talking about important issues and
going back and forth and coming up with resolution in a
positive way and I watched some of it and it was real helpful
for me. It is runner to watch it on a t.v. than read. So, I
liked the process a lot. Thank you.
Nov/ I didn't see it on t.v. but I really read all of these minutes
and I know these people worked hard.
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F041195
Agenda
Iowa City City Council
Regular Council Meeting
April 11, 1995
Page 8
(2)
Design Review Committee - Four vacancies for three-year terms
ending July 1, 1998. (Terms of Karyl Larson, Gary Nagle, Clara
Swan and Ruth Fox end.) (2 males and 3 females currently
serving on Committee.)
(3)
Broadband Telecommunications Commission - One vacancy for an
unexpired term ending March 13, 1997. (Tim Finer resigned.) (4
males and 0 females currently serving on the Commission.)
These appointments will be made at the May 23, 1995, meeting of the
City Council,
ITEM NO, 11 - CITY COUNCIL INFORMATION.
ITEIVi NO, 12- REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY.
a. City Manager.
b, City Attorney.
ITEM NO, 13 - RECO~IViENDATIONS OF BOARDS AND COMMISSIONS.
a. CONSIDER RECOMMENDATIONS OF THE HOUSING COMMISSION:
(1) That the proposed Housing Code Amendments be adopted,
contingent on rewording the first paragraph.
Comment: This will be presented for Council consideration at a
future meeting,
#11 page 1
ITE~I NO. ~1 - CITY COUNCIL INFORMATION.
Horow/ City Council Information.
Baker/ I wasn't quite sure about Karen's comment about regular
people sitting up here. How we were suppose to interpret that.
So, let the public figure that one out. I have three very
quick things. One, we had a memo in front of us today from
Steve about the SEATS and I assume we will sit down and talk
about that formally. But I just want a quick c ' ' '
larlflcatlon of
one word which is your use of the word responsive. Is that
~ '
qulvalent to responsible?
Atkins/ Yes.
Baker/ Second thing is Sue, you were wondering about my May
schedule. I do have to give an exam on the 18th, so I will be
teaching both the 11th and 18th. And I think I will ask this
question once a month. Are there three other people interested
in raising the Dubuque Street Parking Ramp a nickel?
Horow/ You didn't get the unanimous-
Baker/ I am just asking for three.
Horow/ You didn't even get two.
Kubby/ Well, I don't know.
Pigott/ I would be interested in talking about it.
' e
Baker/ You were talking about it last year, Bruno.
Pigott/ We have been talking about it for a long time.
Baker/ Okay, in the middle of May I will bring it back. Thank you.
Pigott/ Sue, you mentioned it earlier but I will reiterate it. May
6, 1995 is the Abandon Bike Sale. I was at it last year. A lot
of good bikes are sold at this thing at great prices. Karen
got one. They are terrific. Really great bikes, good working
order and I encourage people who want to get a good deal on a
bike to come on down. Come early, take a look at the bikes and
then bid away. It is a fun process and you will get a good
bike out of it if you are looking for one. Chauncey Swan
Parking Garage.
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F041195
#11 page 2
Kubby/ A few of us have been talking about what they have done in
Amsterdam and what they have done in Portland in taking some
one speed bikes, painting them all one color and having them
be available for public use just around town and one of the
ways-Other communities have to find ways to get bikes for the
program. The bikes left over from the bicycle sale would be
one source of bikes that would be one less task to implement
such a program. So when we talk about that some time in the
future and bring that to council as an idea, this would be
one source.
Horow/ In you rent those bikes, you spend a certain
amount of money for a certain period of time. So I would
certainly want that to be discussed.
Baker/ I think it's a great idea to have people on bicycles and
everything. I just have one question when that discussion
comes back, which is about liability.
Kubby/ Liability stops the world.
Throg/ Well I have three things I want to mention. I attended the
inauguration of the new student government president and other
officers a week and a half ago or so. That was great fun. And
I joined Bruno last Saturday in talking to the new student
senate about improving relationships between the student
senate and city council. And I must say our colleague Bruno
did a great job.
Pigott/ But only because he was supported by our colleague Jim.
Throg/ The second thing I would like to mention is this afternoon
I spoke to the University of Iowa's Presidential Search
Committee and speaking on my own behalf as a professor at the
University and as a member of the Iowa City city council, I
urged them to choose a president who understands that teaching
and researching take place and that that place for the
University of Iowa is iowa City and along the way I urged them
to make sure the new president was aware of the affect that
students have on the demand for housing and as a result the
University,s policy towards student housing and its affect on
the demand for housing; the University's affect on Melrose
Avenue; the University's parking policy affect on traffic
congestion. Its policy towards faculty and the resulting
affects on the ability of faculty to participate as active
members in the local polity and its land management policies
that leaves substantial amounts of land in the city vacant for
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F041195
#11 page 3
some time. So I was glad to be able to do that. I didn't claim
to be speaking for the council as a whole. I just spoke for
myself. And the third thing that I would like to mention. I
want to make an announcement that Michael Shuman and I want to
invite the staff and the other council members who would like
to come to attend this event. Michael Shuman who is the
Executive Director of the Institute for Policy Studies in
Washing, D.C. will be speaking at a general membership meeting
of EA on Thursday, April 20, 7:00 PM at the First Christian
Church. He is going to talk about how to build a sustainable
community. So it links up with sustainable economic
development concept that we have been talking about and I
would love to see folks to attend it if you can. At First
Christian Church.
Baker/ Jim, can I ask you a question about that, follow up on that
because I noticed Karin taking that down. I was wondering-the
staff probably has a mailing list of builders, developers,
Chambe~ people, architects, people like that. We do a mailing
announcing that as well.
Pigott/ That is a great idea. Terrific.
Nov/
Everybody is talking about bikes and how wonderful they are.
I have to tell you about a complaint that I heard about bikes.
On Kirkwood Avenue there are bike riders on the sidewalk some
of which are children going to junior high school, others are
adult going to the Kirkwood College and there seems to be a
complete lack of warning for pedestrian who is also on the
sidewalk and the woman who called me said I am 70 years old
and I am afraid to walk on the sidewalk and I thought now,
this is understandable at her age. Then she told me her son
who is six feet tall is also afraid to walk on the sidewalk
because bicyclists today don't have bells on their bikes and
most of them don't even say I am coming up behind you which
they could certainly do. so I am asking Steve to see if
Charlie Denney and his committee can find someway to print up
a poster, send it out to all of the schools, put it on the
cable television letters, you know, the character generator.
Whatever we can do.
Kubby/ For bike etiquette.
Nov/
Yeah. That warns bike travellers that pedestrians on the
sidewalk are not necessarily looking for you and if they don't
hear you say something, they're not going to know that you're
there.
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F041195
#11 page 4
Throg/ That's a good idea, Naomi. It's quite unnerving to be
walking along the sidewalk and have a bike fly past you
totally unexpectantly from the rear. I ride a bike all the
time. The other position is not a comfortable one to be in.
Nov/
And I am a walker rather than a bike rider. So, this woman and
her son had all of my sympathy. Okay, now for the good news.
Iowa City, today, has a new Tree City U.S. A. banner and a
new Tree City U.S. A. flag and an award and we have had this
award 15 years in a row. The only other city that has had this
award more consecutive years is cedar Rapids. They have 17
years. And I went to this award ceremony with Terry Robinson
and Nancy Sieberling in Des Moines today. There were 96 Iowa
cities who had this Tree City U.S. A. award. 21 out of the 96
were getting this for the first time. Some day this will have
to take an all day meeting. Today it wasn't that way. And they
said there are only 9 cities in Iowa that have had this award
for ten years in a row. There are three of them at 15. So 10
years ago they gave 9 awards. today they gave 96. I think this
is wonderful progress.
Kubby/ How do you merit such an award?
Nov/
You have to prove to this organization, the Tree City U.S. A.
and the Urban Forestry Association, that you really are
planting trees, maintaining trees, you have a line item in the
budget, you have a city forester or else a board of citizens
who are watching out for the trees and you have a
proclamation, you know, whatever else. They have a list of
criteria. it is not exactly simple and automatic. So I am very
impressed that there were 96 Iowa Cities who showed up there
to receive these awards. Both Coralville and North Liberty
received awards and I was particularly pleased with North
Liberty because they were given the Outstanding Community
Award. There is only one of these each year. They have planted
about 700 trees in the past two years.
Kubby/ They have been busy.
Nov/
They have been very busy and I got all kinds of interesting
information. This newsletter for the Iowa Urban and Community
Forestry Council has a long article about Iowa City and the
historic tree inventory and if anybody wants to do a historic
tree inventory they have phone numbers for people in Iowa City
to do that and I was very impressed with the whole thing. We
came home with a nice poster for Arbor Day. I expect we will
have a proclamation coming in a couple of weeks. And it was a
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F041195
page 5
terrific idea.
Horow/ Thank you very much
for representing us.
I appreciate it.
CHANGE TAPE TO REEL 95-55 SIDE 2
Nov/ It is May 6, a Saturday morning. Please come, please shop and
if anyone is interested in volunteering for a good cause, they
are still looking for some cashiers and checkers and-Linda
Boatmen and volunteers. She will be happy to hear from you.
Horow/ Thank you.
Kubby/ People got their assessments this week and so I have been
hearing about it. I was surprised at my own and so I thought
it would be important to maybe talk a little bit tonight about
or to actually ask Steve to talk a little bit about how often
our assessment is done, who dictates how often they are done,
who decides what those increased amounts are and how do you
protest it if you find it not just.
Atkins/ I will try to answer all of that as quickly as possible. I
think the first thing is the City Assessor's number is 356-
6066 which you will find in the phone book which will make
life a lot easier because those folks know the law far better
than I do. Let me talk about the appeal process because I
think there is some confusion..You are certainly permitted to
appeal your assessment and you need to contact the City
Assessor's office. This a form that has to be filled out.
However, and an important however, is that state law governs
this appeal process and that, as I spoke with Dan Hudson
today, the City Assessor, they cannot even accept your appeal
until April 16 and then they accept the appeals between April
16 and May 5. So just kind of keep those dates in mind,
particularly those folks listening that might choose to
appeal. The Board of Review then in early May organizes itself
and during May the actual appeal hearing process occurs. And
as Don explained to me, once you have the appeal on file
within the proper time they will notify you. The appointment
and process becomes pretty routine after that. i did ask him
a little bit about because every state is a little different.
iowa, very stringently, regulates the process of revaluing the
process and it is primarily every two years. So if you think
about your assessment, unless you have had major construction
activity, it is really a two year number that you have to
figure and if you take the time to reflect on it, what our
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F041195
~11 page 6
Assess6r attempts to do is determine the actual value of those
properties thereby avoiding an equalization factor. That is if
these values are not kept current, the state has the authority
to come in and issue an equalization factor which is across
the board which personally I happen to believe would be unfair
that each property is going to have some variable adjustment.
Dan explained to me that our equalization factor, if in fact
that were to occur this time around, would have been 20% for
everybody. 20% increase in residential property.
Kubby/ So currently do they look at building improvements like
building permits and what the cost estimated increase in value
is?
Atkins/ Yes. It is, I think a lot of folks have noticed a
substantial increase in land. I think those that I have talked
to. My friends that received theirs did mention that very
noticeable increase. But the things that they look at are
building permits. They have all of this information available
with respect to sales that have occurred in the neighborhood
and the information is reported to the state. They maintain
it. The important thing is that if you do not do your own
assessment, they will apply an equalization factor across the
board and that is the 20%. At least that is what it would have
been this time, So the important thing is, if you want to
appeal, contact the Assessor's Office, a form to fill out,
short window of opportunity, April 16 to May 5.
Kubby/ Thank you very much.
Nov/ Steve, we also have to say that the roll back changed.
Atkins/ Yes.
Nov/ So the taxable value may not have changed anywhere near as
much as the assessment.
Atkins/ Often what happens and that is a good point, Naomi. Often
what happens is folks will look at their assessment and
automatically assume that their property tax increase
accordingly with that assessment and that is not the case
because the taxable value was reduced this year and of course
our projections show it declining even more. So that is a
significant offset to that actual increase.
Kubby/ So there is a factor that the state gives us and that factor
this last year was like .68?
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#11 page 7
Atkins/ Yes.
Kubby/ You multiple your assessed value by that roll back factor by
68% and then that is your taxable-
Atkins/ That is your taxable value and if you wanted to do you
estimate, you could take that same number, apply that and I
think it is down to .67 this year. About every other year
almost in keeping with the changes in value that you will see
it drop a little more. In Iowa the state clearly regulates the
valuation of property, not only by way of requirements for
assessment but also determining the taxable value with respect
to all of the properties in our community. Keeping in mind the
state is going to to determine, apparently very shortly, the
machinery and equipment is no long taxable and that has no
bearing upon residential property but quite frankly it simply
shifts that tax burden away from business and industry onto
residential.
Kubby/ An important point.
Horow/ Karen, anything else?
Kubby/ There are a couple of things I have from last night but it
is getting so late. But a couple of things I don't think I
want to have to wait. A couple of meetings ago you received a
memo from Jim Brachtel, our Traffic Engineer, to the Police
Chief about some parking along Highway 6 near the VA Hospital.
It is a place where people park along Highway 6 and a couple
of people have brought up concerns to me about when it is icy
or muddy there are people walking along the highway to get to
their cars, slipping and there is high speed traffic going by
as well as tearing up that green space that is there when it
is muddy and I asked about what the process would be because
it is a UoS Highway in terms of getting some no parking signs
there and the response we got back was that because it is a
road controlled by the IDOT that we need to kind of get their
permission and they said you can have permission to do it if
you will enforce it. So that is a good if and so I felt like
we need to give Jim some direction if we want this to happen.
So I guess we need to know, we need to say if we want that
e~forcement.
Horow/ What are the numbers of people? I have never seen-
Kubby/ During events at Carver Hawkeye.
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F041195
#11 page 8
Atkins/ During the NCAAWrestling Tournament it was a mess. I mean,
what folks would do is they will take the $5.00 ticket as just
the cost of parking and up and down the highway it was a mess.
Karen is absolutely right and if they are going to permit the
additional signing I am sure R.J. would have not trouble
seeing that that is enforced because it is really dangerous if
you are going to be parking along that highway.
Kubby/ And I suppose if there is a big event I would even mind some
temporary signs down there as well saying you will get towed
instead of a ticket so people know what the consequences-
Atkins/ I think that is a different regulation. I am not so sure we
can tow. I know we can ticket but I just don't know if we can
tow without signing it properly.
Nov/ You would not necessarily have fewer tickets with a sign,
would you.
Atkins/ That is true other than I can't think of anything-
Woito/ I think we changed the code to permit us more flexibility
but we will have to check that.
Atkins/ I have always assumed there has to be signing before you
could actually-
Woito/ That was Terry Timmins opinion, not mine.
Kubby/ If we needed a sign to say no parking anytime, tow away
zone.
Woito/ I think we have more flexibility, Steve, than that.
Kubby/ I am not doing this so we can tow cars.
because I don't want people walking along
tearing up green space in the parking area.
I am doing this
the highway and
Woito/ If we want it then directed to the Police Chief, we need to
give him some guideline. I mean if we want to tow.
Atkins/ Normally what we would do is that most parking complaints
are on a compliant basis. A lot of athletic events you see
folks in Manville Heights, they will load the neighborhood up
with cars and if we get a complaint, we will go out and we
will ticket and it is not a problem.
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F041195
#11 page 9
Horow/ But we don't tow.
Atkins/ I just know the authority, Susan. That was my concern and
Linda can check that and let us know.
Nov/ But in Manville Heights most of the time it says no parking
Monday to Friday. Most of those events are evenings and
Saturdays so there isn't that kind of huge problem.
Atkins/ It is the blocking of driveways and that is the kind of
complaint. Normally they are up there, if they are going to go
on one street they will ticket the whole street.
Horow/ What is council's pleasure on this?
Pigott/ I say let's go ahead and do it. Let's see what we can do
regarding the towing.
Kubby/ We have police officers down in that area because of the
event anyway. I don't think it is a big hassle.
Horow/ All right, Steve.
Atkins/ I will take care of it.
Nov/ Heads are nodding.
Horow/ Anything else?
Kubby/ Yes, we got a letter about BBOPS Week which is-It used to be
called Anything But Drive Days but now it is Bike, Bus,
Stroll, Pool, Car Pooling. Anyway, the BBOPS Committee has
asked us to look at a couple of activities in which we can
participate and I guess at the next informal I would ask that
we really think about this so we can talk about it. The 4th
of July Parade theme, if anyone out there has ideas for us as
a city council for a 4th of July entry in the Coralville
Parade, you can get that to us as well as the BBOP. More than
once we have asked the City Attorney to give us an update on
the erosion control measures for the Cliff's Apartment and we
did ge% a memo and I felt like since we are always asking,
nothing has been done, do something. Some small movement has
been made or maybe not so small movement so I thought it was
important to bring it up in a public meeting.
Horow/ I had another complaint today though.
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F041195
#11 page 10
Kubby/ Well, maybe let's talk about it. Very briefly progress has
been made and then the compliant.
Woito/ Yes, progress has been made. The buttress retaining wall
which Jim Glasgow and Bruce Glasgow and John Cruise agreed to
install behind the Cliffs Apartment which would be to the east
of the two buildings has been installed. The concrete has been
poured and Rick Fosse and Ron Boose and I were not able to see
if it has gone far enough to the north because it was too
muddy that day. But it has been poured and it is buttress so
the wall is solid concrete and it has steel coming out into
the underlying ground and bedrock. Now you still have this
cliff up there that is sloughing off and it is still suppose
to be shaped from the buttress wall up to the tree line. That
is going to have to require some good weather. So the rain now
we deter that. But considerable progress has been made and the
permit will expire June 8 of this year. So we are hoping that
all of the work is done with it at that time.
Horow/ Linda, I had a phone call of mud coming down that driveway.
Not the driveway between the two apartments but the driveway
to the north and coming out onto Dubuque Street.
Woito/ Those should be reported immediately to Rick Fosse's Office.
Horow/ Steve said that there was not much but-
Woito/ We need those reported to Rick's Office.
Kubby/ It is not HIS?
Woito/ No, his office because he is responsible for r.o.w. and he
has the authority to direct removal and if they don't remove
it we charge them.
Kubby/ Okay, so if someone has complaint, you call city engineer.
Woito/ And that is in the Code. We made it very clear.
Horow/ Anything else, Karen?
Kubby/ One last thing. In our last minutes of April 7 there was a
section where we were talking about the water impact fee memo
that we got from Linda and I had thought that we had
explicitly directed her to go back and find a way to do the
water impact fee within a reasonable length not the length
being land but being usage, average usage or something. And it
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F041195
#11 page
wasn't clear from here that we had directed you to do that. So
I just wanted you to- And it is not clear from the tape.
Woito/ I certainly understood that I was to go back and take
another look. It is on the long list.
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F041195
Agenda
Iowa City City Council
Regular Council Meeting
April 11, 1995
Page 9
(2) That the Bylaws of the Iowa City Board of Appeals be adopted.
Comment: These bylaws were approved by the City Council at
the meeting of March 28, 1995.
(3) That allocation in the amount of 935,000.00 for LIFE Skills come
from the City budget for FY96.
b. RECOMMENDATIONS OF THE COMMITTEE ON COMMUNITY NEEDS
AND FROM THE JOINT IViEETINGS OF CCN AND HOUSING COMtVIIS-
SION ARE INCLUDED IN THE PROJECT RESOURCE BOOK AND WILL BE
CONSIDERED UNDER THE PUBLIC HEARING ON CITY STEPS (ITEIV] NO,
9),
c, CONSIDER RECOMMENDATIONS FROM CITY COUNCIL RULES
COMIVIlTTE~
Con's~er motion to amend the by-laws of all City Boards
Comm'~.ions to restrict membership to eligible electors/eft'
City, unle~ otherwise required or permitted by S.~ta~e law or
County .budg'~.tribution. ~
Comment: At their'M~.rch 27, 1995, met ,g,~the Rules Commit-
tee unanimously recom'm~nded that Council direct all City
Boards and CommissionS', in their by-laws
concerning membership. the minutes of the Rules
Committee meeting, the ~ey recommends the following
language be incor' into /s of all City Boards and
Commissions, however language does not
conflict with Statutes relative Boards and
Commissions:
Action:
"If a p( of resigna-
tion ]ncil may
cl the
~ointee shall continue in the position not only he
unexpired term but also through the subsequent regular term.
~ointment becomes vacant by
results in an unexpired term the
to fill the unexpired term in such a
City of Iowa City
MEMORANDUM
To:
From:
Date:
Re:
Mayor, City Council and General Public
City Clerk
April 10, 1995
Additions/Corrections to the Agenda
Item No.4e(2)
Item No.4f(6)
Consider a resolution authorizing abandoned bicycle sale to be held May
6, 1995,
Comment: This resolution authorizes the Police Dept. to auction
recovered bicycles which the Department has not been able to return to
the rightful owners. The Police Dept. generally has one or two such
auctions per year. The auction will be held on May 6, 1995, at 1:00
p.m, in the Chauncey Swan Parking Ramp, lower level.
Letter from Robert 0pplinger regarding BBops Week.
Consider recommendations from City Council Rules Committee:
(1) Consider a motion to amend the by-laws of all City Boards and
Commissions to allow combining of 6 months or less vacancies to a full
term providing this change did not conflict with the State Statutes.
Comment: At their March 27, 1995, meeting, the Rules Committee
unanimously recommended that the City Council direct all City Boards
and Commissions to allow the combining of unexpired terms of 6
months or less with a full term. Based on the minutes of the Rules
Committee meeting, the City Attorney recommends the following
language be incorporated into by-laws of all City Boards and
Commissions, providing however that the language does not conflict
with State Statutes relative to specific Boards and Commissions:
If a position/appointment becomes vacant by reason of resignation or
otherwise and results in an unexpired term the Council may choose to
fill the unexpired term in such a manner that the appointee shall
continue in the position not only through the unexpired term but also
through the subsequent regular term."
#13c(1) & (2) page 1
ITEMN0. 13 - RECOMMENDATIONS OF BOARDS AND COMMISSIONS.
c. CONSIDER RECOMI(ENDATIONS FROM CITY COUNCIL
COMMITTEE:
RULES
Consider motion to amend the by-laws of all City
Boards and commissions to restrict membership to
eligible electors of Iowa City, unless otherwise
required or permitted by State law or County budget
contribution.
Horow/ At our March 27 meeting our Rules Committee unanimously
recommended that the city council direct all city boards and
commissions to allow the combining of unexpired terms of six
months or less for a full term. Based on the minutes of the
Rules Committee meeting, the City Attorney recommends the
following language be incorporated into by-laws of all city
boards and commissions providing however that the language
does not conflict with state statutes relative to specific
boards and commissions. If a position or an appointment
becomes vacant by reason of resignation or otherwise and
results in an unexpired term the council may choose to fill
the unexpired term in such a manner that the appointee shall
continue in the position not only through the unexpired term
but also through the subsequent regular term.
Nov/
So this is leaving it as an option for the city council rather
than a specific duration of months. We talked about six months
or less.
Horow/ Right.
Woito/ That is your 13c? Your amendment? The way I drafted it is I
drafted it without the six months. So, I mean, either way it
is your call.
Nov/ Right, it gives us some lexlblllty. If somebody comes along
at 6 1/2 months we can just go ahead and just do it if we feel
like it.
Horow/ Right. Moved by Kubby, seconded by Pigott (to accept
recommendations). Any discussions?
Baker/ Which one?
Horow/ Item c. The one that I read.
Baker/ C., 1. & 2.?
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F041195
#13c(1) & (2) page 2
Nov/ No.
Horow/ Just C.1.
Kubby/ My motion was to accept all the recommendations.
Horow/ I haven't read them all yet.
Lehman/ Only read one.
Kubby/ I am sorry.
Pigott/ That's right. There is another one on the page.
Horow/ We are just taking this first on the terms.
Nov/ Item 13 includes everything. So we sort of have to say we
received everything.
Kubby/ I am sorry, I spoke too soon.
Horow/ Do you want to withdraw?
Kubby/ Yeah.
Horow/ Okay. Will the seconder?
Pigott/ Sure, I will be happy to.
Horow/ Okay. Item 2-
(2) CONSIDER RESOLUTION AMENDING THE DESIGN REVIEW
COMMITTEE BY-LAWS LIMITING MEMBERSHIP TO ELIGIBLE
ELECTORS OF IOWA CITY.
Woito/ These are two entirely different issues. Can you go back and
deal with the first one first which is what Karen originally
moved. On combining the unexpired terms. I mean you have to
deal with that first.
Nov/ But they are repetitious. You talk about eligible electors
first and then-
Woito/ No, the resolution for the by-laws for DR on the next page
is entirely different.
Nov/ But the #1 says restrict membership to eligible electors for
Thlsrepresentsonlyare~onably accuratetranscrlptlonofthelowa City councilmeetlngofApri111,1995.
F041195
#13c(1) & (2) page 3
all boards and commissions. So wouldn't this be pertinent?
Karr/ No, it has been changed. That is an error on #1o
Horow/ I have got the amendment.
Karr/ The amendment was passed out last night.
Nov/ Okay.
Horow/ Okay. Let's go back and take 13c(1). This is the amendment
regarding resignation and the unexpired term.
Moved by Throg, seconded by Pigott. Any further discussion?
All those in favor signify by saying aye (ayes).
Now, (2), the resolution amending the DR Committee and I have
already read that. Is there a motion to adopt this/ Moved by
Baker, seconded by Throg. Discussion?
Baker/ That is the one I had a question on clarification. Where is
says the current non-Iowa City member be allowed to complete
the term before the amended by-laws take affect. What does
that mean as far as when they take affect?
Horow/ It means that the person on DR Committee can complete their
term.
Baker/ But does this say that the rule isn't in affect until that
person is out? I want to know how that is going to be. I don't
have any problem with it.
Woito/ The resolution doesn't say that. The co~nent says it.
Baker/ I would assume that the current non-Iowa City resident would
be allowed to stay for whatever their term was.
Woito/ Grandfathered in.
Horow/ The resolution does read differently.
Baker/ The change takes place immediately but the person is
grandfathered in.
Horow/ Any further discussion? All those in favor signify by saying
aye (ayes).
Kubby/ We have to vote on that last one instead of saying aye.
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F041195
#13c(1) & (2) page 4
Horow/ Roll call- (yes).
Moved by Kubby, seconded by Baker (to accept items 13a. & b.).
Any discussion? All those in favor signify by saying aye
(ayes) .
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F041195
Agenda
Iowa City City Council
Regular Council Meeting
April 11, 1995
Page 10
q5 ~ '1 q (2)
CONSIDER RESOLUTION AMENDING THE DESIGN REVIEW
COMMITTEE BY-LAWS LIMITING MEMBERSHIP TO ELIGIBLE
ELECTORS OF IOWA CITY.
ITEM NO. 14 -
Comment: At their March 27, 1995, meeting, the Rules Commit-
tee unanimously agreed to limit membership of City Boards and
Commissions only to eligible electors of Iowa City, unless County
representation is desirable in recognition of a County budget
contribution. The current membership of the Design Review
Committee was noted; so it was suggested that the current By-
laws be amended, but that the current non-Iowa City resident
member be allowed to complete the term before the amended By-
laws take effect.
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST AN AGREEMENT BETWEEN SHOEMAKER-
HAALAND PROFESSIONAL ENGINEERS OF CORALVILLE AND THE CITY OF
IOWA CITY TO PROVIDE ENGINEERING SERVICES FOR THE HIGHLANDER
AREA SANITARY SEWER, LIFT STATION, AND FORCE MAIN PROJECT.
ITEM NO. 15 -
Com. ment: This project is part of a commitment from a CEBA Grant and will
improve sanitary sewer service to the area along and east of Highway 1,
north of Interstate 80 and is the first step toward serving the area east of
ACT that drains north. Contracted engineering services for design and
administration of this project will total $34,400 and will be funded by 1995
General Obligation Bonds. Construction inspection services have not been
negotiated at this time. This item was deferred from the meeting of March
28, 1995. A memorandum from the Directors of Planning and Public Works
is attached.
Action: r~/~)
CONSIDER AN ORDINANCE AI~ENDING TITLE 1, CHAPTER 9, SECTION 3,
"ELECTION PRECINCTS" OF THE CITY CODE, TO AMEND THE BOUNBARIES
OF THE VOTING PRECINCTS IN IOWA CITY TO INCLUDE PROPERTIES
ANNEXED AND TO EXCLUDE PROPERTIES SEVERED SINCE 1993. (SECOND
CONSIDERATION)
Comment: 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 adjacent precincts and
subtract the severed area from an existing precinct.
#14 page
ITEM NO. 14 -
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN
SHOEMAKER-Hi~%LAND PROFESSIONAL ENGINEERS OF
COP~LVILLE AND THE CITY OF IOWA CITY TO PROVIDE
ENGINEERING SERVICES FOR THE HIGHLANDER AREA
Si%NITARY SEWER, LIFT STATION, AND FORCE MAIN
PROJECT.
Horow/ Moved by Lehman, seconded by Baker. Discussion?
Pigott/ Last time we talked about the different options and in a
memo that was before us Karin Franklin and Chuck Schmadeke
sent to us they talked about the three different options we
can implement and I was wondering if we did either option B or
C., how radical would that be? Would it require a change in
the resolution or slowing this process down?
Horow/ Either or- Did you want both?
Pigott/ B. or C. If we did one or the other, would it change this?
If I said, for instance, I am in favor of option B. and if,
for instance, the majority of council said okay, okay, we will
do option B. Would that change the process somehow? Slow down?
Would that require any extra p.h. or anything?
Kubby/ Can we amend the resolution to do option B. tonight?
Pigott/ That is correct. That is the question. Thank you for being
coRclse.
Woito/ Yes, you can amend it tonight. No, you don't need a p.h.
because it is not an ordinance.
Kubby/ The reasons I am interested in option B. are the reasons are
a few. When we asked would any of these projects be done at
this time if it weren't for the CEBA application which we
committed to do $450,000 worth of sewer improvements for this
area. Without that, would we be doing them at this time and
the answer was no, probably not and so I don't want the CEBA
application to drive the phasing of development in that area.
We are always talking about managing planned growth and this
is one instance where we can act on that value in saying I
want to fulfill the obligations to the state for the CEBA
grant and I would rather do that with option B which both
parts of the sewer project, either A. or B. eventually need to
be done anyway. So we won't be inhibiting anything further
from happening in the future when we are ready for the
Thisrepresents only areasonebly accuratetrallscrlptlon ofthelowa City council meeting ~ April11,1995.
F041195
#14 page 2
northeast part of Iowa City to develop. And so because of that
reason I would, at some point, like there to be a motion that
we switch to option B.
Franklin/ Option B. is fine. Whatever you choose. I just wanted to
clarify that the reason that we were pursuing this project,
too. It is not exclusively the CEBA. But it goes back to the
priority setting that we went through. I mean this is the next
wastewater project to do.
Kubby/ We have a different council that hasn't re-prioritized all
of those. So, from the historical perspective but not from the
current-
Franklin/ I also want to stress the point that we will continue
working on these projects as the priorities are set. Until you
tell us to stop.
Nov/
I think it really makes more sense to go with item C. We are
not talking about vague future expansion. ACT plans to expand
and in affect, the city has endorsed that expansion because we
have closed a road. We plan to build a new road. We are
evaluating traffic signals on Dodge Street and I think we
should follow through on the endorsement and provide a sewer
line.
Pigott/ Naomi, could I interrupt and ask a question and maybe you
can answer or someone else and I don't know the answer. Is
this construction of option C. necessary for ACT to continue?
Nov/ Yes. There is no question that they will have to put some more
money into it. This does not go all of the way.
Throg/ There is a matter of timing invoived, isn't there? Are you
saying that option C. is necessary in order for all of ACT's
plans to occur within the time table that they have in mind?
Nov/ Yeah. The Kral Farm area is not served currently.
Throg/ Kral Farm is not owned by ACT.
Nov/ The area is not served.
Horow/ The area-
Throg/ Now that is different from talking about ACT.
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F041195
#14 page 3
Pigott/ That is what I am trying to figure out.
Throg/ I am told that it is different from talking about ACT. Right
here Sue you are talking about making sure that the land east
of ACT is open for development because it would be sewered by
option C. I understand that. But that is different from saying
that option C. is necessary to make it possible for ACT to do
its planned expansion.
Horow/ But we have also talked about the size of pipes. You don't
want to put in something that is not useful for future
expansion. In terms of management, that is up to us, in terms
of how east of ACT gets developed.
Nov/
And this isn't just ACT. They are going to have to go into
there and I really think that ACT expansion is going to happen
a lot sooner than the areas north of 1-80. I think there is a
certain imminence there.
Throg/ I didn't get the sense in this past memo that option C. was
necessary in order for ACT to expand.
Pigott/ That was my original question.
Throg/ I don't remember seeing that in the memo.
Kubby/ Is that true, Karin?
Pigott/ Because that would make a big difference to me if that
were.
Nov/ Maybe I am over interpreting but that is the way I read it.
Horow/ That is the way I understood it.
Franklin/ We are looking at the service area map that is on the
report for the consulting engineers. The service are goes on
part of ACT's property but it doesn't look like what ACT has
planned for the immediate future is going to require this
line. They do have sewer out there now. And we got that letter
from Dick Ferguson, oh, I don't know, a month or two ago,
where they don't anticipate building that building this year
or I believe even next. I don't remember exactly but it was
not in the imminent future.
Nov/ Okay, I thought it was next year. A question for Linda. Can
this line, if constructed, be put into a tap on fee ordinance?
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F041195
#14 page 4
Woito/ Yes, we could do that. It is a fairly small project to do.
Do we have to answer that now?
Nov/ I am hearing that people don't want to spend this $400,000
because and I am-
Baker/ What is the difference B. and C. in money? Refresh my
memory.
Fosse/ They are the same amount of money. The options were what
different things can we do for a given amount of money. That
is what the first part of this was all about. And with regard
to the tap on fee issue, we need to check into the conditions
of the CEBA grant to make sure that we are not violating that
by recouping our money that we committed as an obligation.
Pigott/ I had a question. Karen, you brought up the issue of how we
think about planning development as we grow in that area and
in the memo it seemed to be the case that maybe Scott Blvd, an
extension of that, would be more determining of whether
development occurred. What do you think of that when you think
about this?
Kubby/ Well, I think if we say yes to the sewer line, it is going
to put more pressure on us to do Scott Blvd. sooner rather
than later. I mean I don't know if it is that big to do it in
and of itself. But it is just another factor that puts
pressure on us when we do our-
Pigott/ Because someone comes up to us and says this is sewerable
now and so if you just did this we would be able to do this.
Is that?
Kubby/ I am not saying that I want to put in a line that is smaller
than what we need in the long run. I am not interested in
doing that. That is why I like option B. better because it
helps us for the long term but doesn't open up that area for
development. Yet, I am not interesting in saying no, you can
never developer that. But I am looking at the timing of things
to make sure that we can keep up with things and one of the
ways you do that is by being conscious and planned about where
and when you put sewer lines in. When a sewer line is there,
people build.
Horow/ That's true. It probably gives you more space in which to
build homes. We are talking constantly about not having enough
space. Certainly this is-
Thisrepresents onlyareasonably accuratetranscription ofthelowa Ci~ council meeting of April11,1995,
F041195
#14 page 5
Kubby/ We have lots of sewerable land in the southeast and on the
west side of town.
Horow/ We have problems getting it-
Pigott/ Does it encourage growth behind NCS to do option B? We are
not questioning whether or not growing in the north side of 1-
80. It is just a question of which option and the timing and
where first. Right?
Kubby/ B. is going to have to happen
sets us up for later on opening
obligation.
an~-way sooner or later. B.
that area and fulfills our
Baker/ You said B. is going to have to happen anyway. C. is going
to have to happen anyway.
Fosse/ There are really no throw aways.
Kubby/ That is why all are acceptable options. Two are better than
the one.
Pigott/ By doing one or the other, Rick, is there increased cost
difference? If we said let's do option B., does that mean
there is increased costs down the road or is it all going to
be same sort of amount of money and it is just a matter of
when?
Fosse/ If we do option B. we have the future cost of extending the
sewer to the southeast. If we do option C. we have the future
cost of connecting the two lift stations. So it is really-
Pigott/ Six of one and half dozen of the other.
Baker/ So cost is not the question here. It is timing. I like that
phrase, the value of planning and managed growth and I don't
see inconsistency with option C. with that value.
Kubby/ We have a disagreement about timing.
Baker/ I don't see this creating the pressure. You say we are going
to have a harder time saying no to the extension of Scott
Blvd. I don't see that as the logical conclusion from going
with option C. here. That that is going to make it harder to
say no to Scott Blvd. That is a question of the individuals'
involved.
Thisrepresents on]y nreasonably accuratetranscription ofthelowa City council meeting of April11,1995.
F041195
#14 page 6
Nov/ And the money for Scott Blvd. is going to make it easy to say
no.
Pigott/ Is there a demand?
Baker/ How does this affect the pressure on growth outside the city
limits? This decision?
Fosse/ While she is doing that I will mention that option C. has
slightly high operating costs. That is a difference and the up
front costs are the same but it costs a little more to run
that lift station.
Kubby/ In terms of the logic,Larry, I think I am not jumping from
the logic internally between us but that what happens is we
put a sewer line in,developers want to build on that land and
developers, in turn, ask us for the streets because they need
a street system. So I don't think it is like in May when we do
it that it puts pressure on us. I think over time, in a short
period, it puts pressure on us. We may in May say we don't
want to do Scott Blvd until after the year 2001. But in two
years tie because of that sewer line opening up land to be
developed, people who own property and want to develop and say
the sewer line is there, we want to develop, we need a street
system and now is the time to do Scott Blvd. That is the
logic.
Baker/ I am not sure that that is necessarily a bad thing.
Horow/ Me neither.
Franklin/ What we are talking about in terms of development outside
the corporate limits, this blue line here which I am sure is
very difficult for you to see. That is the existing corporate
limits. This is roughly the alignment of Scott Blvd and this
is Highway 1. Basically what we are talking about is where you
would get some pressures would be along Scott Blvd. This is
Rapid Creek Road here. We don't see a lot more coming into the
city as a consequence depending on the decisions you and
future councils make. Obviously you can change that or a
future council can change that but what we were looking at is
as we evaluated the lift station and the line, was potential
annexation of roughly kind of a triangular area in here and
then probably about 300 feet or so on the east side of Scott
Blvd. as what we have done before. And it is basically just to
have control of both sides of the street.
Thisrepresents only areasonably accurMetrsnscriptlon ofthelowa Citycouncil meeting of April11,1995.
F041195
#14 page 7
Baker/ And we want that are as part of our office research
development area. Closer in.
Franklin/ Scott Blvd. makes a good delineation between land uses
because of its arterial nature. Now we know that we are going
to continue to have residential development pressures in the
county whether any of this happens or not. This area 4 in the
fringe area is a place that we continue to feel pressure for
residential development.
Kubby/ That is why I guess my argument is just a matter of timing
and we are disagreeing about the timing.
Baker/ This particular project doesn't rule out possible higher
density in that area as opposed to RS-5 or RS-8. It could be
even higher than that. Not dramatically higher.
Franklin/ Not dramatically higher. It depends on what we do with-
What is now shown on the comp plan is office research
development centers. If the trend is for it to go more towards
the research development centers, we have some manufacturing,
prototype manufacturing, had a wet use in there potentially,.
Then that is going to diminish the ability to have certain
higher density residential uses. but that is something we
could look at as we are looking at the zoning and what you
want to have happen there. It is now zoned ID in a large part
of that area, interim development.
Nov/ I will move that we accept the staff recommendation and design
project.
Horow/ We already have a motion.
Baker/ We have a motion. We haven't clarified what we are doing.
Horow/ We have the two options. ~;o options has been talked about.
Option C. is now on the floor.
Kubby/ I would like to move that we change the resolution to
implement option B.
Throg/ Second.
Horow/ Motion to amend this to accept option B. Made by Kubby,
seconded by Throg. Any discussion. All those in favor signify
by saying aye. Motion fails. Baker, Lehman, Nov and Horow
voting in the negative. So, back to the main motion by Lehman
Thisrepresents only arensonably accurotetrsnscriptlon ofthelowa Citycouncil meeting of April11,1995.
F041195
#14 page 8
and Baker and this is essentially option C. Is there any
further discussion?
Lehman/ I just want to comment. To me and I think it is important
that if we do in fact have some sort of commitment to planned
economic development, if this does open up the possibility of
office research park, I think it is important. I also think it
is important that area behind ACT be able to be sewered. I do
not favor running out there and building all kinds of new
houses real quick. I do think this gives us more options.
Baker/ Again, it is not inconsistent with the idea of planned and
managed growth and in the long run the bigger decision is
going to be Scott Blvd and depending on what you want to do
with Scott Blvd., this just gives you more flexibility.
Horow/ Okay, roll call.
Kubby/ I want one more comment.
Pigott/ We never talk enough, Sue.
Kubby/ I want to reiterate something I said two weeks ago and that
is I was not very conscious when I said yes to the CEBA grant
for this what kinds of bigger implications that was for that
area and I guess I need to be more vigilant when I say aye to
a CEBA grant and I guess would ask staff to also emphasize the
local match more and so we can have a discussion more on the
front end instead of the back end here which doesn't seem very
fair to the CEBA applicant. I will be supporting this option
because I support us fulfilling our obligations to the CEBA
gr~nt that I did put my name on but I prefer another option.
Pigott/ I was just going to say the same. I am going to vote for
this because I think the obligation under the CEBA grant is
important to make. I would prefer to do option B.
Horow/ Roll call- Resolution is adopted 6/1 with Throg voting no.
Thisrepresents only areasonably accuratotranscrtpfion of ~elowa City council meeting of April11,1995.
F041195
City of Iowa City
MEMORANDUM
DATE: April 7, 1995
TO: City Council
FROM: City Manager
RE: Work Session Agendas and Meeting Schedule
April 10, 1995
6:30 P.M.
7:00 P.M. -
7:00 P.M. ,-
7:20 P.M. -
7:35 P,M.
8:15 P.M.
8:25 P.M.
April 11,' 1995
7:30 P.M.
April 24, 1995-
6:30 P.M.
April 25, 1995
7:30 P.M.
Monday
Special Council Meeting - Council Chambers
Executive Session (Pending litigation and property
acquisition)
City Council Work Session - Council Chambers
Review zoning matters
Presentation by Home Builders Association regarding
the proposed code amendment adopting design standards
for exterior stairwells and exterior corridors on
multi-family residential buildings
City Steps and CCN/Housing Commission CDBG and HOME
funding recommendations
Summer Council Schedule
Council agenda, Council time, Council committee reports
Tuesday
Regular Council Meeting - Council Chambers
Monday
City Council Work Session - Council Chambers
Agenda pending
Tuesday
Regular Council Meeting - Council Chambers
PENDING LIST
Appointments to the Broadband telecommunications Commission, Board of
Library Trustees, and Design Review Committee - May 23, 1995