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HomeMy WebLinkAbout1995-07-31 TranscriptionJUly 31, 1995 . Council Work Session 6:30 PM Council: Horow, Baker, Kubby, Lehman, Pigott, Throg. Absent: Nov. .. Staff: Atkins, Helling, Woito, Karr, Franklin, Kugler, Nasby, Trueblood, Shaeffer, O'Malley, Cohn, Craig. Tapes: 95-90, all; 95-91, all. Review Zoning Matters 95-90 S1 ITEM NO. 5a. Consider setting a public hearing for August 15, 1995, on a resolution to annex a 3.05 acre tract located north of American Legion Road and west of Arlington Drive. (ANN94-0008) Franklin/ This is on the west side of recommendation from P/Z was approval, 5-2 on annexation. Arlington Street. The 6-1, on the rezoning and ITEM NO. 5b. Consider setting a public hearing for August 15, 1995, on an ordinance amending the Zoning Ordinance by amending the use regulations of a 3.05 acre tract located north of American Legion Road and west of Arlington Drive from County RS, Suburban Residential, to RS-5, Low Density Single-Family Residential. (REZ94-0013) ITEM NO. 5c. Public hearing on a resolution to annex an approxi- mate 250 acre property located north of 1-80 and west of N. Dubuque Street. (ANN94-0009) Franklin/ This is the water treatment plant site. The 250 acres includes the 1-80 r.o.w and excludes the 5 acres under dispute with Mr. Glasgow. Kubby/ Why are we excluding those five acres? It is our contention that we own those. Franklin/ We will annex them at some point when that is all resolved. But I think under Linda's advice we not include them now, go forward with what is clear and not subject to any kind of court action. Woito/ The quiet title action has literally quieted the title on it. ITEM NO. 5d. Public hearing on an ordinance amending the Zoning Ordinance by amending the use regulations of an approximate 250 acre property located north of 1-80 Thisrepresents only areasonably accuratetrsnscrlptlon oftbelows City council meeting of July 31,1995. WS073195 July 31, 1995 Council Work Session Page 2 and west of N. Dubuque Street from County A1, Rural; RS, Suburban Residential; and R3A, Suburban Residential; to P, Public. (REZ94-0018) Franklin/ That was recommended for approval by P/Z on the 6th by a vote of 6-0. Public hearing on an ordinance amending Title 14, Chapter 4, "Land Control and Development," Article C, "Historic Preservation Regulations," and Chapter 6, uZoning," Article J, "Overlay Zones" to allow the City to designate historic landmarks and conservation districts. ITEM NO. Franklin/ Also a p.h ..... tomorrow night Doug Russell will be at your meeting to give a brief presentation during the p.h. Do you want to get into any detail on this now? Do you all understand what this is about? Kubby/ I have a couple of questions. Horow/ ..... Franklin/ Scott is here who is staff for HP... if you want to throw them out tonight, we will see if we can answer them right now. Kubby/ My first one has to do with when there is a grievance-people don't like the decision and in one case if you are a historic district you go to the city council. But if you are a conservation district you go through the Board of Adjustment. What is the rationale for having different recourse procedures? ..... Woito/ The difference in state law. Franklin/ Do you all know Scott? Kugler/ It has to do with the state law. Every other appeal of the Zoning ordinance goes to the Board of Adjustment right now. The reason that appeals from decisions on historic district don't go to the Board of Adjustment is the state law mandates that it goes to the city council. We thought we would be more consistent with the rest of the Zoning Ordinance by having to appeal to the Board of Adjustment. Kubby/ If you are in a conservation district and don't like the decision of HP Commission, it goes to the Council or does it This represents only a reasonably accurate trar~scription of the Iowa City council meeting of July 31, 1995. WS073195 July 31, 1995 Council Work Session Page 3 have to go to the Board of Adjustment? Kugler/ It could go either place. Woito/ Actually, if it went to the city council they would have two forums because under state law if they are aggrieved under the Zoning Ordinance they can go to the Board of Adjustment. The only. reason they can go to the Board of Adjustment is for this interim conservation district that is not covered by state law which means that we have Home Rule powers. Franklin/ I think it is clearer if it goes to the Board of Adjustment because all of the things within the Zoning do go to the Board and we would have that for the historic districts, too, if we could except state law specifically says it has to go to the council. Kubby/ Woito/ We know we can't do it with the Board for all three. Franklin/ Because of state law we can't do it to the Board-Or we can't do it to the council for things that are prescribed to go to the Board. The Zoning Ordinance has to go to the Board of Adjustment and likewise with the historic district- Throg/ I think Karen is asking a yes or no question. In this particular instance with regard to conservation district, do we have the ability to designate the city council as the appeal body for conservation district decisions or are we required by state law to designate the Board of Adjustment? Kubby/ Seems like if procedures are consistent, it makes it more accessible- Woito/ What you can do is have an appeal to the city council which would be consistent with the other two. That will not preclude them from also going to the Board of Adjustment. So they would have two forums. Franklin/ Which one would prevail before you went to district court then? Woito/ Board of Adjustment would prevail as a matter of law. You would be gratuitously giving another sort of interim appeal to you before it went to the Board. Thisrepresents only ereasonebly accurMe transcription ofthelowa City council meeting of July 31, 1995. WS073195 Page 4 July 31, 1995 . Council Work Session Throg/ Woito/ We agree this is a little confusing. Kubby/ It is laid out in here very clearly. Woito/ We didn't write the state law in historic preservation. Franklin/ We are going to leave it. Kubby/ The different levels of review it seems again-I know the goal was to try to streamline things so that we have three levels of review ..... major, intermediate and minor. But it stills seems kind of complicated. Franklin/ This parallels what we do now with historic districts. There is the Certificate of Appropriateness, Certificate of No Material Effect. What you have here is the review is either by HP Commission, the Preservation Chair and staff member of just staff and that parallels that ..... There is no intermediate. Kugler/ Generally anything that requires a permit is right now a major review. Although it looks confusing in the ordinance...when the Conservation District Report is generated it will state specifically what requires a major review, what requires an intermediate review and what requires a minor review ..... Horow/ The city could almost put out a matrix in terms of what it is that we are looking for .... Kugler/ It will be different for each conservation district depending on the architectural features in that district. Franklin/ It is very tailored to each district ..... concerned with the requirements for your particular district. Kubby/ .... reduce the number of times that the Commission has to come together .... Horow/ Seems to me... the desire was to be more service to the public recognizing that the codes or the ordinance was complicated ..... Kubby/ .... When someone is of free and great and out loud .... reviewed for a project, they get a lot expert advice .... I am just thinking This represents only a reasonably accurate transcription of the Iowa City council meeting of July 31, 1995. WS073195 July 31, 1995 Council Work Session Page 5 Franklin/ ...With the intermediate review there would be at least one Commission member who is involved in that ..... staff...has some expertise...Still will be that working with the person who is doing the project. Horow/ Kubby/ I have one other question about demolition permit. If someone applies for a demolition permit...have 5 or 7 days... can't actually physically demolish the building .... Does this mean that when someone gets a demolition permit there could be a stoppage on the demolition? Horow/ Kugler/ It would have to be specific spelled out in the Conservation District Report that this is something that requires a major level of review ..... Kubby/ So that review would happen before the permit was issued? Kugler/ Right. If it is something important to that district and it is within the Conservation District Report, then you adopt that as a conservation district. As part of the report ...before they could get a permit to demolish a building it would have to be reviewed by the HP Commission. Horow/ I was concerned about this also ..... their definition of what they do does take review of demolition permit under- Kubby/...ultimately the answer is yes if it was outlined in the conservation district criteria and report ahead of time. Horow/ ...you can't deny...if there is no recourse .... Under HP state law all you need to do is document that building .... and then...it can be demolished. But it has to be reviewed .... Franklin/ Illegally it can happen in the middle of the night .... issue .... limitation on fines ..... It is a state legislative matter .... Kugler/ This fall or this coming winter the Commission is going to be looking at some amendments to tighten up some of those issues .... Horow/ This represents only a reasonably accurate transcription of the iowa City council meeting of July 31, 1995. WS073195 July 31, 1995 Council Work Session Page 6 Throg/ Questions...Section 14.4C.7A, page 8 .... It has application for Certificate of Appropriateness .... can't change the appearance of landmark...unless Certificate of Appropriateness has been issued or unless a specific conservation district ordinance does not require review if you change the appearance. I am just wondering why one would create a district that does not require... review... Kugler/ Gets back to levels of review...Conservation District Report...study done of each neighborhood to determine which features are most prevalent... important ..... If there is something ..... importance towards that neighborhood... Conservation District Report will spell out exactly what needs to be reviewed and what does not need to be reviewed by the Commission and what requires an intermediate level of review° Woito/ It does sort of open the door... Throg/ Sounds... a specific conservation district ordinance might not require review of any changes of appearance .... Woito/ That is your choice .... Franklin/ Throg/ .... bottom of page 7, 14.4C.7- Franklin/ Woito/ Top of page 8, large version. Franklin/ We can look at that and see if we agree with what you are saying ..... Throg/ Second question ..... Page 2 of same document .... definition of conservation districts, paragraph A, "...no more than 60% of structures ..... " Meaning could apply to individual buildings... a building the majority of which is at least 50 years old ..... Franklin/ The built portion of the area, not the built portion of the building. Throg/ By that you mean if there are 10 buildings in the neighborhood- Franklin/ Five of them should be 50 years old. Thisrepresents only areasonably accurate ~anscrlption ofthelowa City council meeting of July 31,1995. WS073195 July 31, 1995 . Council Work Session Page 7 Throg/ You could read it in a different way...individual buildings .... Kubby/ Probably is a phrase that we could put in there. Woito/ We can figure something out. Throg/ The other thing...same page... All I am wondering if those characteristics are defined in the HP Plan or anywhere else in a clear way .... What does building scale mean in terms of- What is the traditional character of Iowa City neighborhood in terms of building scale, in terms of building set back? Kugler/ That is a good question ..... Franklin/ We can let Doug answer that tomorrow night. That is an issue that we talked about that it is a difficult thing to define. Throg/ Can't vary dramatically if you are talking about tradition character of Iowa City neighborhoods .... Kubby/ Tradition Iowa city means diverse... Franklin/ Throg/ .... new developments .... design characteristics for new developments ..... important to have some way of describing visually what those traditional characteristics are. Franklin/ You are not saying, however, that this is going to apply to new developments? Kubby/ In fill- Franklin/ How to define what traditional is and whether that is ' 9 something that we want to not only conserve but replicate. Throg/ Right ..... Horow/ Do you want Doug to address this tomorrow? Throg/ If these are defined in HP Plan somewhere- Kugler/ We have a good idea of what architectural styles are traditional ...... HP Plan sets out a number of different historic contexts ..... what architectural features were Thisrepresents only araasonably accurate ~anscrlptlon ofthe Iowa City council meeting of July 31,1995, WS073195 JUly 31, 1995 . Council Work Session Page 8 prevalent .... streetscape .... throughout the Plan...general idea of what a traditional neighborhood is ..... Longfellow neighborhood. Preservation Iowa City Pigott/ On the procedures...It says the Commission should give notice at least 7 days prior to the hearing. I wonder is that the longest period of time ..... Kugler/ State law ...... Pigott/ I think it is good that we give it 7 days but I would look for more .... Kugler/ Likely neighborhood informed .... that residents will have ample time ..... meetings... mailings...everyone is well Horow/ Thank you. ITEM NO. 5f. Public hearing on an ordinance amending the Zoning Ordinance by conditionally amending the use regula- tions of an approximate 7.8 acres located east of Old Dubuque Road and north of Dodge Street from RS- 5, Low Density Single-Family Residential, to OPDH- 8, Planned Development Housing Overlay, and RS-8, Medium Density Single-Family. (REZ95-0010) Franklin/ This is the Burns-Greater Iowa City Housing Fellowship Project. The P/Z Commission has recommended denial of this project. It is for 41 units in apartment buildings .... We can go into some of the issues ..... Comp Plan issue...P/Z Commission basic objection...was the density of the project... did not comply with the Comp Plan... Staff's position .... when we looked at this project what we looked at was the general land use designation .... denoted for this area...2-8 dwelling units per acre ..... one can have two zoning districts... RS-5 and RS-8. One of the characteristics of RS-8 zone is that you can build .... by right .... duplexes at a density of 10 units per acre .... we look at the land development at 10 unit per acre as an appropriate density ..... The P/Z Commission has looked at the Comp Plan more strictly .... when you go to the step of a planned development .... stick to 8 dwelling units per acre and I think that most of the Commissioners felt strongly enough about this ..... density too high .... I cannot say whether they would have found 32 units or 8 dwelling units per acre necessarily appropriate because we did not go through that discussion ..... Issues that have been raised relate to Thisrepresents only e reasonebly accuratetranscription ofthelowa City council meeting of July 31,1995. WS073195 July 31, 1995 Council Work Session Page 9 traffic, neighborhood open space, sidewalks in the area. Staff position... issues for the area. We are aware there is a traffic problem on Dodge Street ..... signalization... Sidewalk issue... there is a need for a sidewalk on Dubuque Road ..... Open space issue in one that has been identified by P/R Commission ..... Neighborhood Open Space .... do need to look at this area for appropriate neighborhood open space. When they reviewed the Saratoga Springs Project, this 41 unit project, their determination was that is was more appropriate for fees in lieu of rather than putting aside space on this particular tract of land ..... Have a project that is an OPDH on this land that is currently zoned RS-5. The project would rezone it to OPDH-8 with a development ...... There is a protest in and it will require 6/7 of council to go forward with this. Going forward with this means a p.h. tomorrow night and then I would suggest a continued p.h. to 15th. The Housing Commission and CCN need to look at this project .... funding of it... Funding for 41 unit project on this site. If, from what you know .... if there are two of you who do not feel you could not support the 41 units on this site, it would be time .... anguish alleviation if there can be some indication soon .... Neighborhood has put a lot of time onto this .... I have talked to Bob Burns about this... useful to know .... Kubby/ I want to go through with it at this point. Leb~man/ Staff recommendation says that you would approve this if there was an 0PDH-8 plan being approved for the 7.37 acres. Franklin/ We have modified that .... The Rupperts...owns all of this property .... they had problems with that restriction on that piece of property, on the three acres ..... If it is zoned RS- 8 .... duplexes... Probably will be coming in with an OPDH anyway .....So that that particular requirement did not seem to be necessary because the reality of this was .... someone likely would come in with an OPDH anyway. If it is duplexes... very restrictive piece of property ..... So I am not really sure how one could do much ..... Lehman/ Under the OPDH-8 plan how many units could be placed on that 3.7 acres? Franklin/ If it were zoned RS-8, you could have 37 units. However under an OPDH that would need to go through the P/Z Commission .... strong in their policy of 8 units per acre, so 29. Kubby/ Are there other OPDH in the city where people have taken This represents only a reasonably accursta transcription of the Iowa City council meeting of July 31, 1995. WS073195 July 31, 1995 . . Council Work Session Page 10 more than taking the number of acres times the zoning maximum? Franklin/ Where there is 10 units per acre in an RS-8? No, not that I am aware of ...... There may be certain parts of Ty'n Cae .... Baker/ Isn't the Zoning commission fairly consistent in their opposition... Comp Plan differs .... Franklin/ ...Mormon Trek Village, that was the position the Commission took then... This particular discussion of this maximum density. I don't recall it having come up before .... As I looked at the other OPDHs they are less than 10 ..... unless they are in an 8-16 ..... I am not sure that it has been discussed...relating it back to the map .... Baker/ You asked specifically if council had a sense if 41 units is acceptable- Franklin/ Because we have a protest. If we have two people who feel strongly that they cannot approve the 41 units... it cannot go forward and Housing commission and CCN...if zoning doesn't go through, it is meaningless ..... They will have to consider whatever specific project finally comes out of allocation. Whether it is this site with 41... 31... some other site with whatever. Horow/ Karin, we don't have any experience in terms of using public moneys in lieu of open space. Do we? Franklin/ Oh yeah, we have a number of subdivisions in which we have done that. Horow/ ...public moneys .... Franklin/ The funding for this is very complicated. The HOME and CDBG locally allocated federal funds will go towards the purchase of this land and then other construction costs for this property. It will not necessarily go for that fee in lieu of .... can designate that it not go for the fee in lieu of. These moneys are... ballpark figures .... talking about $300,000 out of ...$2.3-2.5 million... There is a lot of other money that is going to be brought into this ..... The larger funding was the first step and then to find a site was a second step. The zoning and control of the site is part of that second step. Thisrepresents only aressonably accurate transcription ofthelowa Ciw council moattngofJuly 31,1995. WS073195 July 31, 1995 Council Work Session Page ll I'~ Horow/ . o. CCN... discussion... on going operations of the neighborhood center .... Franklin/ It is not a neighborhood center. It is a community center which is a room, space that is available to the tenants of the property. It is not a neighborhood center in the sense of Neighborhood Centers of Johnson County .... not a center where services will be provided .... It is intended to be a community room .... gathering place .... I think it is really...misnomer to call it a neighborhood center .... Horow/ Franklin/ Low to moderate income according to HUD guideline. Horow/ Franklin/ ...The organization could not take on another center at this point in time. It is building a center on the west side .... There has been no discussion with Neighborhood Centers of Johnson County to open a center at this location. Horow/ That doesn't make sense to me .... concerns me .... Placing a greater density in that area of a low and affordable housing resident without any structure such as we have seen work .... Franklin/ We are not talking anywhere near the density of either Pheasant Ridge or the Broadway area .... Horow/ You are within a different neighborhood setting .... Kubby/ .... Neighbors...desire... wanting to make sure there is interaction between different parts of the neighborhood .... community space helps .... There also comes a point when it is not cost effective .... this is probably below .... Pigott/ Is there sufficient space...that neighborhood centers could do something...? Franklin/ .... You do what you can with the space that you have .... This is a fairly good size room ...... At this point in time there are not plans for it and it is not under consideration in this zoning to put in a neighborhood center as we know it at Broadway or Pheasant Ridge. Also under RS-8 zoning, neighborhood centers require an RM-12 at the lowest. Baker/ .... Are there two council members concerned enough about any This represents only a reasonably ascurate transcription of the Iowa City council meeting of July 31, 1995. WS073195 July 31, 1995 Council Work Session Page 12 of these issues...? Horow/ Yes .... I right now cannot support it. The nature of my concerns are the density and the impact of the density on that neighborhood. I recognize that the RM-12 .... This is another deal... where we are going into an RS-5 neighborhood... placing a heavy density. Throg/ It is not heavy density. It is not high density. Horow/ Higher than RS-5. Throg/ Horow/ Is there anyone else that feels this way? Lehman/ No, I concur. I guess one of my problems with this... asking for OPDH Plan... good idea ..... I realize that chances are it would become commercial. Kubby/ Can we zone something 0PDH-8 without there being some plan? Franklin/ Originally what we said is that property, the 3.7 acres would be zoned RS-8 with the condition that when it developed it would develop under and OPDH which means to building permits could be issued on there without an OPDH. It is a condition of the zoning. Kubby/ Lehman/ Throg/ Woito/ You could put the density requirement in the CZA. Baker/ (Can't hear). Lehman/ The problem I have is the possibility of developing that to the density of 21-30 units. Throg/ That is not density though ..... density would be- Lehman/ I would not like to see that entire area that dense and I don't see that there is anything that we can do to prevent that aside from spot zoning. Thisrepresents only areasonably eccurete traescrlptlon of the Iowa City council meeting of July 31, 1995, WS073195 July 31, 1995 Council Work Session Page 13 Throg/ I hear what both you and Sue are saying... all RS-5 districts, I think, have something else bordering on them that is not RS-5. It has to ..... Right now that is the case .... Franklin/ RS-8 north of the HyVee .... Throg/ ...nothing at all wrong with the idea of having some other .... than RS-5. So why not zone it to something that is slightly higher density than RS-5? ..... It does 2-3 things...enables people to walk to the grocery store and to the drug store... to a transit stop .... Horow/ For me it is .... 521 Kirkwood Avenue .... very real emotion. o.apartment building where Donohue Lensing Mortuary is now .... It ws right adjacent to Diana Street .... s.f. neighborhood ..... fringe of RS-5 neighborhood .... Kirkwood was concerned .... CHANGE TAPE TO REEL 95-90 SIDE 2 Horow/ There is a concern when you are living in that RS-5 zone that on the fringes of the RS-5 zone that it be more compatible building .... 41 units .... Pigott/ How do we determine what it is, that buffer? ..... Horow/ I can identify with that right now ..... coupled with the fact that it is with affordable housing ..... support services in the city .... fragile family life .... Kubby/ I have a problem with characterization with everyone who is going to live in this low income housing as being fragile households. I resent that ..... be very careful in how we term this ..... I want to hear if there are other things .... Fellowship and Bob can get together and say can we do that ..... neighborhood would say maybe I could support the project .... Horow/ Kubby/ We are in a catch 22 with their concerns ..... Are you saying it can't happen no matter how low the density gets? Horow/ That's right. Lehman/ If we knew what was going to happen on the other portion .... lower density than what we are talking about now .... Thlsrepresents only aroasonably accuratetranscription oftholowa Citycouncil meetlngofJuly 31,1995. WS073195 July 31, 1995 Council Work Session Page 14 Burns/ We are going to do the best we can .... Lehman/ Thing that I have heard from the neighborhood .... 41 units is very very dense .... Kubby/ ..... Not going to be this perfect thing .... very challenging .... Pigott/ Council/ (All talking). Baker/ Anticipating this discussion... people know earlier in the process .... Kubby/ .... They looked all over .... five plots of land .... some parts of the community ..... We are getting lots of mixed messages .... Affordable housing is just not going to happen in this part of town .... We need to sit down and figure out how to make it happen. Horow/ That is part of the discussions .... We have not had that many proposals .... Don't see the private developers putting up affordable housing .... I think this is healthy. Pigott/ Under what circumstances can we as a council agree? What would it take for us... to facilitate something happenings? .... some sort of checklist .... Lehman/ I really think we need to address this whole issue on a much much larger basis ..... Franklin/ If the density were 8 dwelling units per acre on this entire piece, you would still have problems with it? Lehman/ I would like to see how it is laid out. I am not sure I would ..... entire parcel so I know what is on the rest of it .... Franklin/ You can condition development of it on submitting a OPDH ...... If this project and Bob and Charlie were to drop to 32 units .... Is there still any sense in talking about this or do we need to just wrap this up and keep on looking? Throg/ One concern I have .... ways to reduce the cost .... lead to elimination of a community center .... Thisrepresents only areesonably accurate ~anscrlptlon ofthelowa City councilmeeting of July 31,1995. WS073195 July 31, 1995 Council Work Session Page 15 Morow/ Throg/ Might also lead to changes they don't look so much like in the design of the building so large two story s.f. homes .... Franklin/ ...The community building would be gone...storm shelter... would be gone ...... allow 33 units .... Kubby/ Want manager on site .... Franklin/ I know there is a point as to viability of having on-site manager .... you can't afford to have an on-site manager .... Lehman/ ...Why is it we need an on-site manager for 40 some units? ...... Why? Franklin/ Because we are talking about a population in which there needs to be monitoring of the income .... 15 years the developer is obligated to hold the rents down on these units and review all the tenants that come in for their income... Lehman/ Kubby/ Lehman/ I don't know why you need a community center for 41 units Kubby/ .... Could you support this land use change? Lehman/ Throg/ Either provide .... privatized community space ..... Or alternative is to create community space .... same applies to land around the units ..... ravine...buffer in between the buildings... Either do it in a privatized way or do it by sharing in the community center .... Kubby/ Trying to ...create some cohesion... Lehman/ Creating a neighborhood of 41 units .... Kubby/ .... Lots of things we could do to help facilitate .... be integrated .... Lehman/ This represents 0nly a reasonably accurate transcription of the Iowa City council meeting of July 31, 1995.-- WS073195 July 31, 1995 Council Work Session Page 16 Kubby/ You have a lot of complexes that have a separate building .... Franklin/ I think what you need to do is go into your p.h. tomorrow night. Because there are not two votes for the 41 at the beginning of the p.h. indicate this conversation has taken place, refer back to the P/Z Commission the project for a reduction in the number of units .... Baker/ Horow/ Any other questions? Kubby/ Ernie...if you are a no even at 32 ..... so there is not an extended process .... Baker/ ITEM NO. Consider a resolution to annex approximately 103.86 acres, which includes the Highway 218/Highway 1 interchange and property located in the southwest quadrant of the interchange. (ANN95-0001) Franklin/ This is the Winebrenner annexation .... ITEH NO. Consider an ordinance amending the Zoning Ordinance by amending the use regulations of an approximate 103.86 acres, which includes the Highway 218/ Highway 1 interchange and property located in the southwest quadrant of the interchange from County RS, Suburban Residential, to CI-1, Intensive Commercial. (REZ95-OOll) (First consideration) Franklin/ The first consideration ..... ITEM NO. $i. Consider an ordinance amending the Zoning Ordinance by amending the use regulations of an approximate 0.82 acre tract of land, the north portion of Lot 4, Highlander First Addition, which is located on Northgate Drive from RDP, Research Development Park, to CO-i, Commercial Office. (REZ95-0008) (First consideration) Franklin/ Horow/ Karin, can you tell me what this is for? Thlsrepressnts only areasonabiy accurate trsnscHpfion ofthelowa City council msstlngofJuly31,1995. WS073195 July 31, 1995 Council Work Session Kubby/ What the business on Lot 4 is going to be? Page 17 Horow/ I have heard this is a medical complex and I would like to know what this is. Franklin/ It is an office. I will find out for tomorrow. I can't remember. Horow/ Office part puzzled me as to why they needed CO-1 .... Franklin/ They could have developed in the research development park but the design of the building that they had had a gable roof and not a flat roof° In the research development park, the next item, there are design standards... all the buildings would have flat roofs. They didn't want to take the time .... Horow/ I would really like to know the nature of the business that is going in there. Franklin/ Okay. Lehman/ Why do we need to know? ITEM NO. $j. Consider an ordinance amending the conditional zoning agreement for Lots 4-17, Highlander First Addition, revising the development standard pertaining to rooflines and parapet walls. (REZ95- 0008) (First consideration) Franklin/ Amendment .... so we don't have this roof problem again. ITEM NO. 5k. Consider an ordinance vacating a 20-foot wide alley located east of Gilbert Court and immediately north of Lot 4 of Block 3, Lyon's Addition. (VAC95-0002) (First consideration) Franklin/ Okay on that one. ITEM NO. 51. Consider an ordinance amending city Code Title 14, Chapter 6, entitled "Zoning," Article S, entitled "Performance Standards," Sections 10B and 10C, con- cerning the location of underground storage tanks. (First consideration) Horow/ We had questions about the types of liquids in the tanks...zero lot line district. Thisrepresents only areeeonably accurate transcription ofthelowa City council meeting of July 31, 1995, WS073195 July 31, 1995 . Council Work Session Page 18 Franklin/ The typa of liquids? I know about the Fire Code. Horow/ Franklin/ What kind of liquid would be stored in an underground storage? Kubby/ In zero lot line- Franklin/ Oh. Horow/ Jim would like to go back to H. Franklin/ Okay, annexation of Winebrenner. Council/ (All talking). Throg/ .... How would this annexation be good for the local economy? Franklin/ Kubby/ 100% taxable land. Throg/ The local economy, not the tax base. Horow/ I have an answer and I really do ...... Carousel Motors was going in .... Chezik Motors ..... two car dealerships... people like to have an alley way of more than type of car dealership... they are right ..... Council/ (All talking). Franklin/ That is a locatiohal answer. Pigott/ Is it going to bring in business from other locations .... ? Franklin/ One of the dealership .... in another nearby community... This development... is going to occur on this site... question... in Iowa City under Iowa city jurisdiction or is it going to occur in the county .... annexation for control .... I do not believe that commercial, industrial or urban development should happen in the unincorporated parts of the county. It should happen in a municipality .... because municipalities can provide the necessary services .... Cities are set up to provide those services and so that is why we want it to happen in a compact manner in an urban area within Thisrepresents onlyareasonably accurate transcription ofthelowa City council meeting of July 31,1995. WS073195 July 31, 1995 Council Work Session Page 19 ni ip b d ' mu c al oun aries ..... Throg/ Franklin/ And because there are approximately five locations on this site for five dealerships it is possible that there could be other ones that would locate here ..... Throg/ Do we have any authority with regard to site planning? Franklin/ Yes, we have site plan review. Throg/ Franklin/ Yes, we have site plan review and this is a big enough tract... we would look at circulation, screening, down cast lighting, the access. How the property is oriented to both Highway 1 .... and to Naples Avenue ..... We would look at it as we would look at any commercial development in the city under site plan review. Throg/ How much flexibility do we have .... ? Franklin/ Not as much as I would like ..... Throg/ If we wanted to induce and appealing entry way that is more consistent with the character and integrity of the existing community, would we be able to do that kind of thing through the site review process? ..... Can we do something about the entry way...that will enhance that character? ..... Franklin Baker/ ... I am a little puzzled .... I want more control over the site plan review .... Franklin/ There are certain things that are spelled out in the site plan review ordinance that we can look at .... We are looking at appearance... we have the opportunity to work with the person who is putting the project together to see what things we can get... some things are negotiated .... Baker/ Franklin/ ...On Urban Planning Work Program list is the compatibility issue which we have talked about... commercial Thisrepresents only areasonabtyaccurete trenscrytion ofthelowa Citycouncil meeting ofduly 31,1995. WS073195 July 31, 1995 Council Work Session Page 20 and multi-family residential in neighborhoods .... To get at what you are talking about .... Throg/ I didn't mean to suggest that this car dealership should be designed with front porches .... We need to be paying close and careful attention to design of the site because it is an entry way into the city ..... Kubby/ In that corridor already .... frankly we are already at that point ..... Help gain back some identity. Franklin/ We do work on those things every time we have a site plan review .... Other things that is on the pending list is the entry way overlay zone .... You all are going to get to look at the Urban Planning Work Program probably next month after P/Z Commission looks at it ..... ITEM NO. 5m. Consider a resolution approving a Chapter 28E agreement between the City of Iowa City and the City of Hills establishing a boundary governing extraterritorial review authority and annexations. Franklin/ We overlap now because of the railroad. We have talked with the City of Hills and there is no objection to this .... ITEM NO. 5n. Consider a resolution vacating Fox Hollow Subdivision, a 31-lot, 52.21 acre subdivision located north of Herbert Hoover Highway and west of Taft Avenue. (VAC95-0003) Franklin/ You had a p.h. on this. Resolution to carry it out. 5o. Consider a resolution approving the final plat of Boyrum Subdivision, Part 4, a 3-lot, 11.67 acre commercial subdivision located south of Highway 6 between Boyrum Street and Waterfront Drive. Franklin/ This is the 3-lot commercial subdivision where the new HyVee is being built. ITEM NOo Consider a resolution approving the final plat of Longfellow Manor, a 7.64 acre, 20 lot, residential subdivision located on the south side of the 1300 block of Sheridan Avenue. (60-day limitation period: waived.) (SUB94-0012) Franklin/ Thisrepresents only areasonebly accuratetranscription ofthelowa City council meeting of July 31,1995. WS073195 July 31, 1995 Council Work Session Page 21 Horow/ The neighborhood has at least three issues that they have brought up. Franklin/ ...remember this is the final plat. The preliminary has been approved. We have all spent may months. Horow/ Is the final plat the exact same of what was approved? Franklin/ The exact same. You had it before you...deferred indefinitely... Horow/ ...The neighborhood...appears that access to the open space is only through a private drive... If this is a private drive... who is responsible for maintaining this? Franklin/ The Homeowners Association of the subdivision. Horow/ Is there somewhere it can be designated as the O'Brien memorial Drive to the open space?... I certainly would want to go to an open space are through a person's private drive .... Woito/ Private drive that has to be open to the public. Kubby/ .... may be a legitimate point but we have already agreed to the preliminary plat... Woito/ Susan, it is in the subdivision document. Kubby/ Horow/ Franklin/ (Refers to plat) ..... creek goes through here... concern is whether we can build a trail between the floodway line and that alley ..... We have not decided that we are going to build a trail through here ..... Kubby/ Can we request that there be a sign? Franklin/ (Refers to plat) Put something right here that indicates public open space. The neighborhood could name it. Kubby/ .... We have flood moneys that we are returning .... up to $400,000 .... why didn't we think...buy more open space in this area... Franklin/ We talked about it... property has been in more than Thisrepresents only a reasonably accuratetranscription ofthelowa City council meeting of July 31,1995. WS073195 July 31, 1995 . Council Work Session Page 22 limbo .... To use the flood money we had to have a willing seller .... We cannot do condemnation with that flood money .... We have to have that all spent by the 15th. Kubby/ My understanding that O'Brien is in a partnership with some other people. Who owns it? Franklin/ The new owner is a man called Clark Stetsel, He has a brother who builds in North Liberty .... Jim O'Brien still owns the plat and the plat will be purchased by Mr. Stetsel .... Horow/ Throg/ You had talked with neighbors about the possible use of federal funds with regard to this site. Who did you talk to? Franklin/ Marsha had a number of conversations with Jill .... months ago... I just talked to Marsha today .... Did you recall that conversation about the flood money? Jill Smith/ Yes. Baker/ Page 3 of staff report .... "has ..." If this is important... why is it in the report... Why is it called to our attention? What is the significance of this? ..... You are telling us basically that w~ have not choice but to vote for this but you call special attention to a change in the original plat. Franklin/ ..... My recollection is that we had some debate with the developer about who actually could use this... So we got this note on the plat that it could be used. Kubby/ Could we get this clear for tomorrow night? Baker/ In the original discussion of the preliminary plat were we...P/Z or council led to believe that ..configuration of the units was a certain way. Franklin/ Yes. Baker/ And the final plat is a different configuration? Franklin/ The lots were the same throughout. what has changed .... the impression was given there would be s.f. and duplex and duplex would face the circle. They would all face the street. When the developer...final platting stage...he indicated.. some of the duplexes would face this way and some would face Thisrepresents only ereasonably accuratetranscription ofthelowa CIW councilmeeting of July 31,1995. WS073195 July 31, 1995 Council Work Session Page 23 that way,. This is a plat where you don't look at the buildings... certain rights .... can build s.f. and duplexes... Way this is configured is not reassuring... it is not a planned development .... Baker/ Franklin/ .... Kubby/ And there is nothing in that transaction that opens the door for additional process that has conditions? ..... Franklin/ No, not unless whoever buys this wants to do something different. Woito/ What about the zoning provision where the first house on the street gets to establish the sight line...internal one isn't a public street? .... Franklin/ There will be 20 foot setbacks because this is not a PDH. So they will all be set back 20 feet .... Longfellow Place is a public street. Woito/ Once you establish the front yard, you couldn't alternate them, could you? Franklin/ That is just how the building sets on the lot. It could have a 20 feet setback on Longfellow Place and have the back of the building to the street ..... if you were perverse enough. council/ (All talking). Franklin/ ..... reasonable people go in and they build and they put their front door on the streets and they will probably put the garage door on the alley. Baker/ Kubby/ Couldn't we...ask the Mayor and or P/Z letter... we ask you to think about these owner of this plat. staff to write... issues as the new Franklin/ I can try to contact Mr. Stetsel. Kubby/ This represents only a reasonably accurate transcription of the Iowa City council meeting of July 31, 1995. WS073195 July 31, 1995 . Council Work Session Page 24 Baker/ Maybe we could ask the Mayor and staff to do that and defer this tomorrow night ..... Council/ (All talking). Horow/ Jill... do you have a question .... ? Jill Smith/ Karin...stated that the Longfellow Place is a public street and because we were told that then there wouldn't be necessarily be a homeowners association. That leads to your comment that the homeowners association would handle the maintenance of the private drive. I just want clarification of that. We have several questions... wait until tomorrow... Franklin/ You don't have to have a planned development to have a homeowners association ...... they should be responsible collectively .... Do you want me to check on that. Throg/ How long could we legally defer? Woito/ As long as you have reasonable question that need answering ..... I think the question that Larry pointed out needs answering as far as I am concerned ..... Throg/ It would be reasonable to ask the question... orientation of buildings. Woito/ Also the existence of this private drive versus public. Throg/ But if the developer chooses not to answer, do we have any authority not to act? Woito/ In terms of alternating front and back orientation? Kubby/ Throg/ I am wondering how long we could defer? Lehman/ Pigott/ Another question .... Baker/ Defer tomorrow night...send letters to them. Lehman/ Woito/ I wasn't aware of this until just now that the ownership of Thisrepresents only areasonably accurate ~anscriptlon of ~elowa CiW coun~l meeting of July 31,1995. WS073195 July 31, 1995 Council Work Session Page 25 the plat is separated for the land- CHANGE TAPE TO REEL 95-91 SIDE 1 Franklin/ Steve Greenleaf, who is the attorney for Mr. O'Brien, may be able to shed some light. Stephen Greenleaf/ I represent Jim O'Brien and the sale is conditioned upon... final approval. This is an agreement that involves all the outstanding creditors on the property ..... It is a timely manner .... Neither Mr. O'Brien or Mr. Stetsel nor Hills Bank nor anyone else will agree to a deferment. I am sure Mr. Stetsel will be more than happy to address anyone who is interested ..... Woito/ Is he going to be here tomorrow night? Greenleaf/ I don't know .... Woito/ Can you answer the question about the notation on the plat that Larry raised? Greenleaf/ No. Kubby/ We need to have that clarified. Horow/ This has been going on for such a long time ..... helpful to have assurance that his design for this does take the neighborhood into consideration on this. Greenleaf/ I will try to arrange to have him- Horow/ ...no problem in sending a Mr. Stetsel about this and I this until the 15th ..... letter or having staff talk to would say we would only defer Smith/ As far as using flood moneys for parkland acquisition I did speak extensively... with Milkman and Marsha Klingamon .... since we were receiving flood moneys for sewer repairs that we were quieted on that issue .... we were getting our sewer repairs three years ahead of time .... told that we were using flood moneys .... felt that we could not ask for more moneys ........ We stopped all discussions .... Kubby/ ...Can't condemn land ..... Smith/ Mr. Riley at the bank said come in with an offer ..... I This represents only a reasonably accurate trenscrlption of the Iowa City council meeting of July 31, 1995. WS07319 5 July 31, 1995 Council Work Session Page 26 politely don't buy into the argument that is wasn't available. We didn't pursue it because we didn't know that we could. Thanks ..... Thisrepresent$only areasonebly accuratetranscription ofthelowa City councilmeeting of Jul¥ 31,1995. WS073195 July 31, 1995 . . . Council Work Session Page 27 Addition to Consent Calendar 95-91 S1 Kerr/ I would like to just note the addition to the Consent Calendar. We have three items .... 3c(6), (7), (8) .... All dealing with the Iowa City Fall Fun Festival. Dancing permit, outdoor service area and a five day temporary beer permit. All the papers are in the order .... Horow/ ... all right. Thlsrepr~ents only areasonablyaccurmetranscrlptlonofthelowa CiW council meeting ~ July 31,1995. WS073195 July 31, 1995 Council Work session Page 28 Fringe Area A~reement 95-91 S1 Franklin/ The topic is the general Fringe Area Agreement for out entire two mile extraterritorial jurisdiction. The last time that the council had this you met with the Board of Supervisors and I think that you heard from the Board that they didn't think that this was particularly good. What I wanted to do was kind of figure out where the council was on this ..... There are some significant changes from the last go around we had where it called for a downzoning of properties in the county which was the subject of a public hearing and I think everybody there...agreed that that was not the direction to go in. So we went back and worked with the committee for about a year and what is before you now condenses the previous nine areas into three; targets development in the county to north of Iowa City, basically the old areas 2, 3, &4; puts restrictions on development to the east and south, that takes into consideration our growth area; and in the west and southwest area there is rather stringent restrictions on development in the county outside of Iowa City's growth area. There is also a provision which says that the extension of our two mile review area, instead of happening automatically, would happen on a case by case basis in consultation with the Board and that has been one of the big concerns of the board is as Iowa City annexes land, that our two mile jurisdiction automatically is extended the two miles. City representatives on the committee felt...keep control of that because we do not know yet what the practice of the Board of Supervisors might be under this amended agreement. Since they don't like the amended agreement anyway we need to make a decision about how you want to approach this. The next step could be a joint public hearing of the council and the Board ..... You can choose to just fall back to the existing agreement. I don't know legally whether you can choose to just opt out of the agreement and develop a unilateral policy for your two mile area. I suppose one could argue that the county has done a little bit of that already. Woito/ I think Pat White would agree° Franklin/ The agreement that we have in force does not expire until January 1, 2005. So we can go on ..... Kubby/ I heard the Board of Supervisors say what they don't like. I haven't heard what they find acceptable ..... To say we need to hear from you what you want from this and if you don't get back to us then we can't start renegotiating in good faith .... Thisrepresents only areasonably accurate tmnscrlptlon ofthelowa Citycouncil meeting of July 31,1995. WS073195 July 31, 1995 Council Work Session Page 29 Franklin/ You could impose city design standards within the two mile. Kubby/ ...I am kind of tired of talking about this. Throg/ Seems to me that we need to be thinking of ourselves in kind of a negotiating posture here. So, it would be very helpful for us to be clear about what we want and what our best alternative to a negotiated agreement is ..... I think it is just withdrawing for the current Fringe Area Agreement. So, we need to be clear about what the consequences of that are ..... We have to be clear about what we want .... best alternative Horow/ Baker/ Throg/ At the time it seemed like a reasonable alternative. Baker/ That was reasonable to us .... tell us what is reasonable .... Kubby/ Either fall back on the old agreement and live up to it ..... or we say we want full city standards for two miles. Franklin/ Or some variation thereof .... Baker/ It was informally discussed some tradeoff with the county on this distance .... Horow/ Right, what do we think about that? Are any of you interested in less than two miles in some areas as a compromise on this? Kubby/ I am interested in asking the County to tell us what they need from the Fringe Area Agreement ..... what it would take to make them agree to the Fringe Area Agreement. ~n a public arena or do you want Horow/ Do you want that to be done ~ the Mayor to send a letter? Baker/ Are we approaching them that what was before us before is acceptable to us? Throg/ Have we had a focused discussion among this council about the Fringe Area Agreement and its contents? Thisrepresents only areasonably accuratetranscription ofthelowa Citycouncil mesfingofJuly 31,1995. WS073195 July 31, 1995 Council Work Session Page 30 Franklin/ No you haven't. I think we need to set aside some time to 1-go over what it is that you would be agreeing to. We have not had that focused discussion ..... And at that same meeting resolve what the fall back position would be if the county does not respond or does not come back with what it is they would find amenable. Throg/ I would like to encourage us to identify whatever reasonable alternative we have and for staff to try to clarify what the consequences of following those alternatives would be ...... Kubby/ I disagree that we have to have an answer to the question that what was negotiated with P/Z and the subcommittee was totally acceptable before we approach them .... I think we can do both of those things simultaneously. That we can make sure that we ask them thoroughly and we ask them what do you like about it ..... Baker/ ... I don't even know what our prior understanding was ..... Have a date specific. 90 days or whatever it is... Pigott/ Talk to us by X date or else ..... Kubby/ ...two of the options are to say that we are just not going to negotiate anymore and live up to the old agreement or do the two mile thing. Those are two of the options ..... Horow/ Council, as I hear you right now, we have to set aside some time, probably in September, to have a focus session on this. Simultaneously or right now you want a letter sent to the Board asking them for what it is that they want in this Fringe Area Agreement and we can also react to that when we have this focus session. Franklin/ Do you want a response before you have this focus session? Pigott/ Yes. Baker/ We can ask for one. Kubby/ Give them 30 days. Lehman/ There are certain design standards that I think we probably could negotiate. There are others that I really don't think are negotiable and I think we need to determine which are which. Thisrepresents only areasonably accuratetranscrlptlon ofthelowa Citycouncil meeting of July 31,1995. WS073195 July 31, 1995 Council Work Session Page 31 Kubby/ I don't think we need to spell out all the options in letter. Lehman/ I think we need to know where we are coming from. Horow/ Let me work with you in terms of Marian getting a date for a meeting in September which will then trigger a date specific by which we say when we want the answer for a letter. Okay- Throg/ Could I ask Karin a quick council time kind of question? What is the status of the Sensitive Natural Areas Ordinance? Franklin/ It has gone out to various groups. We have gotten comments back. Setting up a meeting now when P/Z and Riverfront and Natural Areas can meet simultaneously on it .... they are trying to set up a date. The target is still to get it to you in September. Thisrepresents only a reasonably accurate transcription ofthelowa City council meeting ~ July 31, 1995. W8073195 July 31, 1995 . Council Work Session Page 32 community Networking Group Presentation 95-91 S1 Kevin O'Malley/ Thank you setting aside some time for us tonight. Drew and I have been working with Susan Craig of the Library and Jean Schultz of the county is here and Gary Cohn, Information Services of the city. We submitted a document to you about community networking group and we are here to ask your endorsement for the time that we spent on it and future time that we want to spend on it and if you have any questions .... Throg/ Is there a role in Broadband Communications Commission in this process? Drew Shaeffer/ Yes, we have presented that to the Commission and they gave a hearty approval for it. Along with these people that Kevin mentioned we have worked with the University as well. The Chamber has also attended meetings. coralville has also attended meetings. We have attempted to involve as many institutions as possible in the process ...... Basically we wanted to come here tonight and let you know what we have been doing for two years .... mission statement and goals ..... Kubby/ Will this include video as well as computer interaction? Drew/ It could ..... access to data basis. It could also include phone .... taking off on a long term strategy planning session ... trying to figure out how to get there ..... Kubby/ .... Jeonet...where they get information from us currently that is available... Drew/ The only people that have been included in meetings to date are the Chambers ..... It wasn't meant to exclude anybody. We have to start with a group .... Where it would evolve and how it might create revenue are going to be avenues for discussion I am sure. Kubby/ So, bottom line, what does this do for the average person in Iowa City? Drew/ Hopefully it will make their daily lives easier in some manner. Kubby/ Drew/ I think one of the ideas we talked about here in the city first was access to the GIS data base with the county ..... Thisrepresents only areasonebly accurate transcription ofthelowa City council meeting of July 31,1995. WS073195 July 31, 1995 Council Work Session Page 33 then blossom from there ..... Horow/ .... GIS material .... Kevin, is that what you have been working on? O'Malley/ There is a lot of projects right now on the table. One of them is GIS from the county .... that is one of the uses that would be on this network ..... Our primary goal is trying to involve more citizen access into the process ..... as a side .... share ourselves with the county... the University .... the Physical Plant ..... Working on two levels. One for the citizen access and one for ourselves. Pigott/ Sounds like this could do a great number of things ..... Have you looked at any specific models in other communities? Drew/ One of the task forces...subcommittees .... to look at other communities of Iowa City size that are getting into this .... how they designed it...where the funding is coming from and things like that. Throg/ ...You are asking for us to support the concept of establishing an electronic information network and for us to generally commit to the goals that you indicated .... I have only a vague understanding of what the network is that you are really talking about. Should I think of it as infrastructure? ..... Are we talking about something that someone would own and operate? If so, who? Drew/ I don't know if that has been decided by the whole group. It has been discussed a little bit .... An infrastructure definitely is a correct term to use. Part of our planning process is going to be to look at all those range of alternatives that exist and come up with... a plan and proposal .... There are many potential partners out there ..... Pigott/ ...like laying down the train tracks ..... setting up a rudimentary sort of system... Drew/ Yes .... Susan Craig/ When we start, the bullet is going to be on part of those train tracks and the mule pack is going to be over here ..... trying to work together so you don't have to have top of the line everything to get access to the information ..... Lehman/ Who is going to be using the information? This represents only areasonably accuratetranscription ofthslowa Ciw council meeting of July 31,1995. WS073195 July 31, 1995 Council Work Session Page 34 Craig/ I hope that there will be useful information available on this electronic network for almost anyone .... We see the library as a public service node for this type of information .... Lehman/What will it cost... to get this access from home? Craig/ I think... 386 computer with a modem and a phone line... Lehman/ Is there a monthly charge? Craig/ No. You pay your phone bill. There may be services on this network that you would pay for. Horow/ Any other questions or comments? Throg/ I want to try to understand the difference from what you are proposing and the capabilities that certain people already have right now .... America Online...WWW... how does that differ? O'Malley/ Trying to provide places for you go to here .... look up your water bill... a piece of property you want to buy... agenda .... some of those things are going to out there already but some of those things are going to be at data banks within the city ..... Kubby/ ...providing places for people to get to ..... Library .... Drew/ A lot of institutions...have different data bases... What we are talking about is connecting a lot of those between institutions which haven't connected before .... so that people can access it by phone, by kiosk, library or whatever. Horow/ .... This establishment should almost have a sign off sheet...group...what this means to their own data bank .... foresee .... all of these districts know what this really means ..... That everybody knows about the bullets and the mules .... Kubby/ Drew/ This is the last group. We have gone to all the other groups that are listed here ..... Baker/ Does this mean that eventually everything that is presently Thisrepresents only areasonably ac~ratetranscription ofthelowa Citycouncil meeting of July 31,1995. WS073195 July 31, 1995 Council Work Session Page 35 public record that the city has .... would be available to the citizen? .... Kubby/ End point possibility .... Baker/ Is that a goal? ...... As much information available as possible? O'Malley/ (Can't hear) ...... Lehman/ At some point shouldn't this be market driven? ...... Horow/ Throg/ I would think in terms of purchasing services ..... of exchanging information ..... Pigott/ I think it is a great idea. doing it ..... Council/ (All talking). O'Malley/ We will be showing a web demonstration on 11:00. You are all invited, right here, 11:00. Pigott/ Do we have a city page? O'Malley/ We have been working with Jeonet. Kubby/ We have a whole bunch of stuff. Marian is on. Horow/ Thank you. is a matter I am really happy you guys are Wednesday, Thisrepresents only ereasoneblyaccuratetrenscrtptlon ofthelowa Citycouncil meetlngofJuly 31,1995. WS073195 July 31, 1995 Council Work Session Page 36 Purchase of Land Adjacent To Weatherby Park 95-91 S1 Horow/ Your presentation is as what was presented in your packet? Terry Trueblood/ That is correct. I am really only here to answer questions. There is one other potential issue or question that came up today that I would like to get your feel for later in the meeting after we discus this. The only thing that I can really add to the memo that maybe I should have included in it is the Neighborhood Open Space Committee has been busy over the last few months developing objectives and strategies for the Neighborhood Open Space Plan and in this particular neighborhood, the Weatherby Open Space District, one of their objectives... is to expand Weatherby Park ..... Horow/ It might not be the top priority of what they need but it is available and it is on their list of what they want? Trueblood/ It is available and it may soon not be available. Horow/ Any problems council? Council/ (No). Kubby/ Trueblood/ The one thing that I would like to get just a feel for is question came up today through the firm that manages this property... They will be selling more of their property in the future, maybe all of it, for development purposes .... As to whether or not we would be able to waive either the land or fee requirement for any developers that may purchase their land in the future thereby making it more attractive to the developers to purchase from them and all I told them is I can ask ...... Woito/ Yes, buy it. No to the waive. Kubby/ Yes, correct. Trueblood/ Thank you very much. After Linda does a paper work we will be back to you. Thisrepresents only arsasonably accuratetranscription ofthe iowa City council meeting of July 31, 1995. WS073195 July 31, 1995 Council Work Session Page 37 council Aqenda/Time 95-91 S1 1. Throg/ I enjoyed reading the responses to our draft Economic Development Policy ..... I noticed...policy will appear on our agenda soon. Do you have some sense about that? ..... Atkins/ We are pretty much ready to put it on anytime you want ..... We are ready to go. Soon. Throg/ Ask that we reserve time for public commentary preceding adoption by the council of the policy ..... Public discussion. Horow/ This really will have to be advertised as Public Discussion... You want people to know that it will take place .... Pigott/ Wider advertisement of this ..... Pigott/(ITEM NO. 20 -CONSIDER RESOLUTION RESCINDING RESOLUTION 852 ESTABLISHING THE MAYOR'S YOUTH EMPLOYMENT PROGRAM AND RESOLUTION 92-28 ADOPTING BYLAWS FOR MAYOR'S YOUTH, AND IN LIEU THEREOF AUTHORIZING EXECUTION OF AN ADMINISTRATIVE SERVICES AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MAYOR'S YOUTH EMPLOYMENT PROGRAM, A NOT-FOR-PROFIT CORPORATION.) The Mayors Youth thing. I had questions... whether or not- didn't the budgeting process take place in conjunction- Didn't they come to the city is the past about it. Didn't they have review of auditing? What was the process? Atkins/ We did administrative work by the payroll, personnel matters. Their budget is independent of us. Remember they do go before the Planning and allocation folks for distribution of those moneys .... Pigott/ I thought after the financial chaos of last year they came to the city for advice on- Atkins/ Yes, they came after the financial brew ha ha occurred. On my initiative I shut the door... get this thing fixed .... we advanced them some money .... number of things to get them through. Pigott/ My concern is that they really benefit for that association with the city. Atkins/ ...... Financially... it appears to be far better for them with respect to their fund raising efforts .... Thisrepresents only areesonably escuratotranscription ofthelowaCltycouncil meeting of Juiy 31,1995. WS073105 July 31, 1995 Council Work Session Page 38 Woito/ Bruno, there is a copy on that pile in front of you .... Atkins/ Pigott/ Kubby/ Asking myself...they want to separate and be a private not for profit organization. Why are they going to still get the advantages of some of the bookkeeping and payroll and all of that from the city. No other private non-profit gets that advantage of the city. So why does Mayors Youth? ...... I wouldn't mind a couple of years of transition to that .... Atkins/ They asked...tradition. Kubby/ How would it hurt them to be totally disassociated with the city? Atkins/ ...weaning process... Horow/ If we are having administrative contract, then why wouldn't it be appropriate to have an appointment from council, one appointment from council, on this Board? Atkins/ Concerned about the operational policies in the program .... We have already proved to them they need out help in managing the books. Woito/ But they are being weaned. Kubby/ Woito/ This is only a year .... one year contract. Kubby/ To say a slow process of moving towards not providing these services. Atkins/ Let me pose that question to them tomorrow. Let's just ask them .... Horow/ Would anybody be against having a council appointment on that Board? Kubby/ ...we need to get into it. Baker/ Thisrepresents only areasonablyaccur~etranscrlptlon ofthelowa Citycouncil meeting of July 31,1995. WS073195 July 31, 1995 . Council Work Session Page 39 Woito/ We have never made an appointment to the Board. Horow/ ...I am talking about council making an appointment to the Board, a citizen representative to the Board. Kubby/ Woito/ After you pass the resolution, that Board, it will be dissolved. But they already stand alone legally as a private non-profit corporation. They have had it both ways. It is up to you whether you want to leave it both ways. Arkins/ If you want a city rep (can't hear). Horow/ Lehman/ If we are weaning them .... I think any group could come in and ask us to do the same thing .... Atkins/ We do Project Green ..... Horow/ ...... we make an appointment to Project Green. Atkins/ We have the mechanism set up to take care of financial issues (can't hear). Lehman/ But there should be some sort of conditions under which we do this. Atkins/ The agreement .... we have those agreement. things spelled out in the Atkins/ Transition is okay? Horow/ Yes. Horow/ Are there four people interested in an appointment from the City Council for a period of time that we have the transition? Baker/ No stroh9 feelings... Kubby/ No objection to that. Woito/ I don't know if their board wants that. Karr/ ...... they are creating their own board .... Thisrepresents only area$onably accur~e transcHptlon ofthslowa City council meotiegofJuly 31,1995. WS073195 July 31, 1995 Council Work Session Page 40 Woito/ They have already created their own board under Iowa law, a private not for profit corporation just like HACAP or Systems Unlimited. Pigott/ (Can't hear). Pigott/ (ITF~ NO. 15 -CONSIDER A RESOLUTION SUPPORTING THE RATIFICATION OR ACCESSION BY THE UNITED STATES TO THE CONVENTION OF THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN.) There is a resolution ..... CHANGE TAPE TO REEL 95-91 SIDE 2 Pigott/ ..... I think it is a good idea .... I think generally the concept of supporting the elimination of discrimination against women is a good one... In September there is a conference on women to be held in China·.. important for us to make a statement saying that we value of this ..... I would encourage to pass it. Lehman/ Kubby/ .... outline that...support for the ratification of this is different from the issue of where the conference is being held Horow/ .... I don't think there is that much interest in it .... in the whole issue .... Pigott/ We are not enforcing the convention. What we are doing is urging the government to pass the convention .... It is not something that we would enforce on the local level .... Kubby/ It brings up issues of our Human Rights Ordinance and how wonderfully strong it is ..... Helps just refocus us saying we are doing what we can do ...... 4. Kubby/ We have been talking about getting this memo about Public Housing Authority and talking about what is going on over there. I would like to see the memo. I would like us to have that conversation and I think the main reason I continue to follow up on this is that we are running that place without a director and we need to-I think it makes it hard for people over there to provide good services ..... even if we can get the memo before we have something scheduled. Atkins/ (Can't hear). One is we were applying for additional moneys Thisrepresents only areasonably accuratetranscription ofthelowa City council meeting of July 31,1995. WS073195 July 31, 1995 Council Work Session Page 41 (can't hear)...secondly is confidentiality (can't hear). Kubby/ (ITEM NO. 22 -CONSIDER A RESOLUTION RESCINDING PRIOR RESOLUTION 94-253 AND IN LIEU THEREOF SETTING FEES AND CH~GES WITH RESPECT TO THE ADMINISTRATION OF REGULATIONS OF VEHICLES FOR HIRE.) ..... Question.0.about the taxi thing... 20 to 30% increase in premiums for the insured and I guess I am wondering do we need to make such a huge jump at once. I haven't heard any feedback on what this does to those businesses and why we need to do this kind of a jump in one year. Karr/ We have been working with Kevin O'Malley .... on these types of issues for some time and these were his recommendations. We did check them through the City Attorney's Office. We also did send a letter notifying all the taxi cab companies and the proposed resolution to them on the 20th noting that it would be on the next council agenda and asking for their input. I was real surprised. We haven't heard from any of them. We personally know from the insurance we have on file with the taxis right now, two companies already voluntarily have this amount. Kubby/ Karr/ Because we also license the Limosuine Services, too. And we also have the Cedar Rapids and the Airport Shuttle. So half of them do have coverage and half don't ..... We did send it out on the 20th .... I haven't heard a thing. Kubby/ The two that have more, are they the two bigger cabs? .... Karr/ Bigger as in- Yellow...Old Capital does not .... One of the limousine services do also because it is the same owner as Holiday Wrecker ..... Old Capital does not. Lehman/ ...this is really a great idea .... Kubby/ I get concerned when it is such big affects on people .... Lehman/ Horow/ 6. Kubby/ (ITEM NO. 3 -CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. e. Resolutions. Thlsrepresentsonlyarea$onably accuratetranscrlptionofthelowa City council meeting ofJuly 31,1995. WS073195 July 31, 1995 Council Work Session Page 42 (1) CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN AND PAVING PUBLIC IMPROVEMENTS FOR LOTS 72-95, 137, 138 AND 157-174 FOR WHISPERING MEADOWS SUBDIVISION - PART 2.) Woito/ I have never seen anything like this either. Kubby/ I like the idea of this agreement. Seeing how it works before we make them tear everything up but on the other hand if it is not adequate, the people who are going to feel the consequences are individual homeowners who are going to have sewage in their basement ..... I just think this is highly unusual and I am not sure if I support it or not. Pigott/ I got really weird ribes when I read it ..... Wolto/ Do you want Chuck or Rick to respond? Pigott/ I would like to know what it is about the thing that make it below grade. Woito/ It is pretty unusual. Kubby/ Or what the risk is ...... I also wanted to make sure that what they are obligated to for ten years is putting cement back in, restoring the grass, all the costs. Not just the direct costs .... I have one other issue about this that I feel really strange about. We are going to be receiving 2000 shares of common stock. I do not think we should own stock in this development company. I just think that is weird. Woito/ It was a compromise. Chuck Mullen and the Barkers did not want to give an irrevocable letter of credit. They can't get a bond for the second five year period. They can only get a bond for the first five year period and- Kubby/ ....... Woito/ How you react to one another in terms of this project is very specifically set out in the agreement. Kubby/ Make sure that the bonds, the shares keep their value so if we have to get into them to pay for the project. Atkins/ (Can't hear). Kubby/ I feel we are setting ourselves up to be in conflict. Thisrepresents only a reasonably accurate transcription of the Iowa City councilmeeting of Jtdy 31, 1995. WS073195 July 31, 1995 . . Council Work Session Page 43 Woito/ It was a really created effort on Sarah's and Chuck Mullen's part I must say .... Kubby/ What about their house or something else? Woito/ I don't want their house. Horow/ Woito/ It is very unusual. On the flip side, Chuck Mullen is one of the most conservative attorneys in town in terms of dotting your I's and crossing your T's. Horow/ Wouldn't he have thought of the repercussions? Woito/ And so has Sarah. Steve and I need to get back to you. 7. Baker/ .... I passed around a memo because I hadn't planned on being here tonight .... subsidized housing (Memo: 7/31/95 From Larry Baker Re: Subsidized Housing Criteria) .... no sense of urgency ..... If it is all possible for us not to be tail ending these decisions after the whole process has gone through ..... Give more guidance up front as possible ..... 8. Baker/ ..... letter from the Human Rights Commission. Horow/ I intend tomorrow to read the letter from the HR commission .... in public .... Baker/ Horow/ The letter does specifically state the investigation is not complete. It is a general...against racial discrimination ..... Kubby/ I wrote a brief memo .... Animal Control Advisory Committee ...... One of the things that really set me off is you cannot have your own pet in your own yard unless it is on a leash or in an enclosed area and I think that is awful ..... There is a whole bunch of things that I saw that I question and my interest tonight is to see if people are interested in four issues ..... if any of these ...... referred to Animal Control Advisory Committee and Animal Control Officer to review these issues again. Horow/ Thlsrepmsants only ar~sonably accurate transcription ofthelowa City council meeting of July 31,1995. WS073195 July 31, 1995 Council Work Session Page 44 Kubby/ ....... Horow/ Why don't we take a look at this and get back to Karen with comments on it. Kubby/ Horow/ I need to think about this. Baker/ ..... 10. Pigott/ (ITEM NO. 16 -CONSIDER A RESOLUTION APPROVING THE DESIGN OF THE TIME AND TEMPERATURE SIGN LOCATED AT 118 S. DUBUQUE STREET.) The sign for Uncommon Grounds ..... There is a time and temperature sign ..... Where's the time? ..... What is going on with this thing is what I want to know .... Kubby/ Laurie is very blatant about it. The way to get the sign is put a thermometer on .... Horow/ Throg/ .... But the photograph of the Burger King awning ..... Trying to apply literally a particular ordinance .... Baker/ ...me and John McD were the only two people to vote against that Burger King sign ..... Kubby/ The Commission ask that the staff look at the projected sign issue again and I might be that they can take the thermometer off when and if the ordinance is changed ..... Horow/ 11. Baker/ Where is my shirt at... City of Iowa City shirts .... Atkins/ They were promised for Dress Down Day which is Friday. 12. Horow/ I would like to ask council's agreement. I would like to send a letter to HP Commission thanking them for bringing the Butler House to our attention ..... Is that all right? (Yes). 13. Horow/ Graffiti. What is with graffiti? We brought that up before .... What are we doing about it? Is there some reason why there is an increased amount? Atkins/ Each graffiti that we notice and are informed of our gang This represents only o reasonably accurate transcription of the Iowa City council meeting of July 31, 1995. WS073195 July 31, 1995 . Council Work Session officer investigates .... (can't hear). Horow/ Page 45 Thisrepresents onlyare~onably accuretetranscrytlon of~helowa Citycouncil meeting of July 31,1995. WS073195 July 31, 1995 Council Work Session Page 46 Appointments 95-91 S2 Mayors Youth - no application Citv Attorney Comments 95-91 S2 Woito/ The memo on water impact fees... I took out a word not because Sara mis-read it quickly when we proofed out on page 11. You have to stick it back in again. Horow/ Page 11, stick back in the word not, second paragraph. Woito/ I have copies for the press. Adjourned: 9:20 PM. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 31, 1995. WS073195 · ·