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HomeMy WebLinkAbout1995-10-09 TranscriptionOctober 9, 1995 Council: Horow, Kubby, Lehman, Staff: Atkins, Helling, Woito, Burnside, shaffer. Tapes: 95-118, Side 2; 95-119, Consent Calendar Additions Council Work Session Nov, Pigott, Throg. Absent: Walsh, Miklo, Franklin, all; 95-20, Side 1. 95-118 S2 Horow/ There is an addition to the Consent Calendar ..... Denan Thai/ I take over China Palace. Horow/ And you want to be put on the agenda And everything is in order? Okay. 6:30 PM Baker. Schoon, for a liquor license? This represents only a reasonably accurate transcription of the Iowa City council meeting of October 9, 1995. WS100995 October 9, 1995 Council Work Session Page 2 Review Zoning ITEM NO. 6a. Matters 95-1!8 S2 Consider setting a public hearing for October 24, 1995 on an ordinance amending the Zoning Chapter by adopting a Sensitive Areas Ordinance to regulate development on properties containing environmentally sensitive features, including wetlands, stream corridors, steep slopes, wooded areas, hydric soils, prairie remnants and archaeological sites. Bob Miklo/ Setting a p.h. on the Sensitive Areas Ordinance. This was reviewed by P/Z Commission...recommended 6-0 its approval. The Riverfront and Natural Areas Committee also reviewed the draft ordinance and recommended 9-0 that it be approved. The p.h. will be set for October 24. Throg/ One of the topics discussed during the last P/Z Commission meeting had to do with whether the city acting on its own behalf and whether the University of Iowa would be expected to comply with the Sensitive Areas Ordinance. I guess the answer is not legally. I would urge us as a council to maybe adopt a resolution stating council's desire and expectation that the city would comply with the ordinance. And perhaps in those unusual circumstances when compliance somehow wasn't possible that staff would return to the council and ask for kind of explicit ability to not comply. Horow/ Seems like we have enough time to have staff respond to us in terms of doing that, looking into it and getting back to us by our October 24 meeting. Kubby/ Important to the community that we make that commitment .... Lehman/ ...policy that we conform to the same rules .... Horow/ Cannot bind the state...send it to the new president and recommend the University make all efforts possible ..... ITEM NO. 6b. Public hearing on an ordinance Chapter by conditionally regulations on an approximate land located east of Lakeside Highway 6 from ID-RS, Interim Family Residential, to RM-12, Family Residential. amending the Zoning changing the use 2.02 acre tract of Drive and south of Development Single- Low Density, Multi- (REZ95-0012) Miklo/ Continued p.h. on the rezoning of 2.02 acres at Lakeside Thisrepresents only areasonebly accuratetranscription ofthelowa CIW council meeting of October 9,1995. WS100995 October 9, 1995 Council Work Session Page 3 Drive and Highway 6 ..... to RM-12 low density multi-family. We do have a CZAo..does include a Concept Plan .... P/Z Commission did review the CZA and Concept Plan and recommended its approval on a vote of 6-0. ITEM NO. 6c. Consider an ordinance amending the Zoning Chapter by conditionally changing the use regulations on an approximate 2.02 acre tract of land located east of Lakeside Drive and south of Highway 6 from ID-RS, Interim Development Single-Family Residential, to RM-12, Low Density, Multi-Family Residential. (REZ95-0012) (First Consideration) Miklo/ First consideration of this ordinance. Kubby/ Has anyone from the Grantwood Neighborhood Association seen the plat with the landscaping and the layout? Miklo/ I believe they have. They have had close contact with Marsha Klingaman and she made all of the documents available to them. Pigott/ I talked to them this week .... Kubby/ We got a letter... concerned about the timing for the wetland park .... Is there a way that we can coordinate what we are doing and what the developer is doing? Pigott/ I called Rick Fosse and he said they can move it up ..... Kubby/ Can you take that back to the neighborhood association? Nov/ Is there a standard number of parking places for this number of apartments? Miklo/ Yes, it is the required number of spaces. ITEM NO. 6d. Consider an ordinance amending the Zoning Chapter by changing the use regulations of an approximate 29 acre tract of land located west of Mormon Trek Boulevard and south of Rohret Road from RS-5, Low Density Single-Family Residential, to OPDH-8, Planned Development Housing Overlay. (REZ95-0009) (Pass and adopt) Miklo/ Third consideration and pass and adopt of the rezoning at Rohret Road and Mormon Trek Blvd ..... Mormon ?rek Village. Thisrepresents only areasonably accuratetranscription ofthelowa City council meeting of October9,1995. WS100995 October 9, 1995 Council Work Session Page 4 ITEM NO. 6e. Consider a resolution for final plat approval of Kennedy's Waterfront Addition, Part Three, a 31.23 acre, 11-1ot commercial subdivision located south of Highway 1 between Gilbert Street and the Iowa River. (SUB95-0026) Miklo/ Final plat of Kennedy's Waterfront Addition, Part Three. We still are working with the applicants on legal papers and other agreements ..... Asking that this be deferred until October 24. Thisrepresents only areasonably accuratetranscription ofthelowa City council meeting of October 9,1995. WS100995 October 9, 1995 Council Work Session Page 5 Proposed Frinqe Area Aqreement 95-118 S2 Horow/ Proposed Fringe Area Agreement. Miklo/ Start out with a little bit of history on the current agreement and how we arrived at the place that we are at. State code allows cities to review subdivisions within two miles of their city boundary... to allow for orderly growth... and to allow cities to review development... that will have affect on the city in terms of traffic, storm run off and etc. The State Code.. says to impose subdivision standards the same that are applied to city developments .... The Code also provides that we can waive those standards provided there is a 28E agreement or a Fringe Area Agreement with the county. We entered into a 28E Agreement or Fringe Area Agreement with the county in 1983 and amended that three times since .... That did provide for the city to relax its subdivision standards in exchange for input or with the county on zoning patterns within the two miles. The agreements that were previously... came about when rezonings new north corridor .... negotiations with the county .... January 1993 requests for rezoning .... City and county set up a committee ..... they drafted with staff's assistance... a proposed agreement. We had p.h.s on that agreement and the Board of Supervisors indicated they would not accept it. The main objection was a proposal that these areas of the county which are currently zoned RS... for one acre lots be downzoned to discourage their development in the county .... County rejected that agreement, the Fringe Area Committee reconvened and drafted the proposal that we are now looking at ..... comparing... the existing Fringe Area Agreement encourages residential development in this area, the north corridor, and also areas east of Highway 1 under certain circumstances. The proposal that is now before city council and county would allow this entire area to develop for residential purposes (refers to map)... It would also not require city subdivision standards anywhere within this area. The current agreement on the east and south of the city call for city subdivision design standards for areas within one mile of the city .... The proposal... continues that .... states it more explicitly. It also discourages additional rezonings to residential in this area (refers to map)... very similar to the current agreement... agricultural preferred ..... On the western and southern areas of the city, the Fringe Area Agreement currently states that these areas which are in yellow... could develop in the county (refers to map) ...... We have heard ...Board of Supervisors is concerned about this current proposal ..... We did send a letter, the mayor sent a letter to the Board of Supervisors asking for their written Thisrepresents only ereasonably accuratetranscription ofthelowa City council meeting of October9,1995. WS100995 october 9, 1995 Council Work Session Page 6 reaction to the agreement and we are waiting for that. I did speak with the staff person at the county today... they expect the Board to complete that letter sometime in November. Kubby/ .... we requested a deadline, end of September? Horow/ We have requested a number of deadlines .... I guess I feel that if we can give them some wiggle room to come back with positives that they can live with, I am willing to wait. Miklo/ They have indicated they need more time .... Kubby/ ..... How can we encourage them to have their discussion .... Horow/ ... Keep asking in as many different ways as possible. I do have a question... did we deal with what if someone really wants to sell their farm. What recourse do they have in terms of realizing sale of property that is no longer going to be under agricultural purposes? Woito/ I think the 28E agreement cannot say that the county will not rezone because that is giving away legislative authority .... It can say that they will comply with the policies and the guidelines set out in the agreement but they can't give away their legislative authority forever. Miklo/ .... it says it will not be rezoned for non-farm purposes unless there are certain circumstances...annexed...non-farm family purposes...In terms of the rural zoning designation .... Horow/ Grandpa has the farm and it is 160 acres and he dies .... at what point due toe heirs legally have a right to sell it for houses? woito/ Kubby/ Horow/ Is the language- They are capable of selling it under how many acres? Miklo/ Under the proposal it would be 40. Horow/ ..... Kubby/ There is more that we can do .... Thisrepresents only areasonebly accurate transcription oftholowa City council meeting of October9,1995. WS100995 October 9, 1995 . Council Work Session Page 7 Horow/ Any questions for Bob? Nov/ Done by case by case? .... Miklo/ In absence of a 28E Agreement or the Fringe Area Agreement the city subdivision standards would apply to the entire area ..... could wave those standards if we chose to. Nov/ Here it is. It is in the proposed agreement...Fringe Area A permits residential development by considering a case by case basis ..... Woito/ It is in all three of them. Kubby/ We always consider each zoning on a case by case basis and we look to the Fringe Area Agreement as a guide for us to say yes or no ...... Woito/ Miklo/ In terms of what our options are, we have identified four alternatives that the council could consider. 1- is wait until we hear what the Board of Supervisors would like or what their concerns are ..... 2- to continue to adhere to the Fringe Area Agreement as it is drafted ..... 3- pursue legal action and the City Attorney's memo provides greater detail into that. 4- Also addressed in City Attorney's memo... notifying the county since they appear not to be adhering to the agreement we would not continue to adhere to it and start imposing our subdivision standards throughout the two mile area. Throg/ Bob, I want to ask a a council might draft draft agreement, would Ordinance that we are Would it be extended? couple of questions .... whether we as an agreement... Does this particular it extent the Sensitive Natural Areas currently on the verge of voting on? Miklo/ No it wouldn't because that is a Zoning Ordinance versus a Subdivision Ordinance. Throg/ Is there anything we can do .... to extend protect of sensitive and natural areas out into the Fringe Area? .... Nov/ It is part of the subdivision standards. We could add it in, couldn't we? Kubby/ ...Look at Area A .... one of the more sensitive areas .... This represents only a reasonably accurate transcription of the iowa City council meeting of October 9, 1995. WS100995 October 9, 1995 Council Work Session Page 8 Franklin]/ Naomi, it is not part of the subdivision standards ..... It is part of zoning, not subdivision standards which is why we can't just translate it out to the two miles. Throg/ ...I would want to see some protection of the sensitive natural areas go into the Fringe Area Agreement ..... Horow/ .... Throg/ The next... is that .... Why don't we state our intent internally in order to strengthen our hand in negotiations? Pigott/ Miklo/ Throg/ Kubby/ We have a meeting set up to talk with the County about it .... always good to have a plan A and a plan B .... Preference obviously is to do something cooperatively .... That may be difficult to do .... We are in a very powerful position due to state law that says we can terminate the agreement and make everything in the two miles be city standards which basically puts a halt on developments in the county. Nov/ Put a term limit date on it ..... I think we need to set a dateline in that term or using those words. Pigott/ I would like to schedule another meeting .... Horow/ I was suppose to do the letter from a positive posturing... work on those issues that they do not agree on ..... Sent the letter as a prelude to the meeting .... Nov/ Did we schedule a meeting on the fringe area or was it on the airport? Horow/ Airport- Pigott/ If we scheduled a date and say we would like to hear about your objections...feelings are on that date .... Nov/ I think if we say that we plan to terminate later .... and schedule a meeting to discuss it.o. do it together. Throg/ I think we need to give ourselves some negotiating leverage Thisrepresents only aroasonably accuratetranscription ofthelowe City council meeting of October 9,1995. WS100995 October 9, 1995 . Council Work Session ..... go in with some kind of negotiating The only leverage.. we have this ability ordinance .... Horow/ Throg/ Woito/ Page 9 leverage behind us. to terminate the Enforce the way it is written right now. That could be done by terminating or we go into court .... You are really not going to get a court to rewrite it for you .... You will get a court to say the one you have is valid or that we have the right to terminate and go back to square one which is apply our design standards under city ordinance. Kubby/ .... What is the penalty if they should choose not to follow the agreement? .... Woito/ (Can't hear) go to jail or money. Council/ (All talking). Horow/ Does the money need to be proven in terms of how much this has impacted negatively? Woito/ .... contempt... you either get a fine or jail time or both. Horow/ woito/ In terms of how contemptuous the behavior was according to the courts .... Kubby/ The problem with a fine is that it is tax payers money .... Outcome I want is that we come up with an agreement that we can both live by and act like that .... I don't mind using that leverage that the state has given us .... Horow/ But you know we don't really have... the intent to apply the teeth. So we take them to court .... Pigott/ Kubby/ Pigott/ Nov/ I Terminate the whole thing. think we have the right by state law to terminate this agreement and to revert to the other state system which means we enforce the standards within two miles. I prefer that we This represents only e reasonably accurate transcription of the Iowa City council meeting of October 9, 1995. WS100995 October 9, 1995 Council Work Session Page 10 not go to court and get a declaratory judgement .... I would like it to be as clean as possible .... Woito/ Zoning is an independent legislative action ..... Nov/ Horow/ Are we in agreement then that we would prefer to at least set a deadline by which time we receive a letter back from the County Board of Supervisors? I also worked out with Charlie a Joint meeting with the Board of Supervisors based on their letter and we set a deadline let's say at the beginning of the year. If nothing works out between now and the beginning of the year that we null and void the existing Fringe Area Agreement and go back to state law. Lehman/ I really think we need to sit down and talk to the Board of supervisors before we make any threats or whatever .... try to talk it out. Throg/ We did that six months ago. Pigott/ We can use that at the meeting .... Throg/ I think we need to have some leverage or all we are going to do is give ..... Without expressing a will to do something like terminate the agreement we have no leverage. Pigott/ I prefer not going to the meeting with that leverage being used. Say it when we are there ...... Kubby/ Nov/ I think they are well aware that the state law gives us the option...reminding them .... Kubby/ ...it is only forthright to say that we are thinking about that ..... This has been going on for so long .... Horow/ First thing for me to do is find out whether a November date is realistic or whether or not they are able to give a letter before November. Pigott/ And if they are not then what we will do is say by whatever date we are going- Horow/ What about if I work out with Charlie a date in November we Thisrepresents only areasonably accurate transcription ofthelowa Ci~ council meeting of October 9,1995. WS100995 October 9, 1995 Council Work Session Page 11 get together. Pigott/ And regardless we plan to terminate if we don't reach an agreement by that date. Lehman/ Also important for us to know the ramifications ..... Is there liability? .... is there a takings of properties? ..... Kubby/ Throg/ Horow/ Woito/ It will be more likely than not that it will withstand constitutional challenge (can't hear). Horow/ .... : We need to get the ordinance first as it applies to Iowa City before we- Woito/ I think we need to explore how- .... It might fit in .... Kubby/ Important...Area A...that is probably one of the most sensitive areas. I want to make that obligation that if I am going to say yes to the agreement that I want some additional protection that is not provided by the county. Horow/ Hypothetically is they refuse that? Throg Then they got to give on something else. Horow/ ..deadline...on some sort of decision by a particular deadline. Then the question...if we begin to apply the subdivision regulations on all of the areas we have lost that Sensitive Areas Ordinance card because it is a zoning issue. Throg/ Franklin/ If you decide to withdraw for the Fringe Area Agreement in January 1, that doesn'~ mean that you can never negotiate an agreement with the county again ..... concurrently try to continue to negotiate something that is mutually acceptable .... Kubby/ Barrier is the county feels they are giving everything and the city is getting everything and it would be really Thisrepresents only areasonably accuratetranscription ofthelowa City council meeting of October g, 1995. WS100995 October 9, 1995 Council Work Session Page 12 interesting to have a little chart that says what the city is giving on and what is the city getting and what the county is giving and what the county is getting ..... That will help us clarify the points of contention. Horow/ .... Kubby/ Maybe we need to do that from our perspective .... Franklin/ We do something similar to what Karen is talking about which is kind of like putting the comparison that Bob described to you tonight in some kind of a chart form° I think one of the problems.°. perception of interests ..... perceptions of who is getting what have always been an issue with this. Kubby/ I would like to hear some reaction far from our P/Z members who are part we totally off the wall here ..... from our discussion so of the Fringe Area. Are Tom Scott/ As Karen said I am not really sure that we do know exactly what the county's objections area. Originally it appeared to be on the automatic extension of the two mile extraterritorial limits at anytime there is annexation. The other dealt with probably Area C where they wanted greater flexibility for allowing more development. In private conversations...not nearly as dogmatic on Area C .... I did have a conversation with Don Sehr and Steve Lacina and I would have to say the posture changed a little bit... more adamant that something needed to be looked at in Area C ..... Sometimes I think even though they may agree the city has the power to extend that subdivision requirement to that two mile extraterritorial limit... I am not sure they buy into that. And I have not been privy to conversations when Patrick White had been there. I would say if you all do sit down that both Linda and J. Patrick from the standpoint of the county be present because I think it does need to be stressed a little stronger that the repercussions or the city's ability to extend full design standards in that two mile extraterritorial limit can in fact happen .... I am not sure... they necessarily buy into it .... Woito/ Pat knows the authority is there. Nov/ I believe they don't think we will actually do it. Throg/ They may be saying the city would never have the will to do This represents only a reasonably accurate transcription of the Iowa City council meeting of October 9, 1995. WS100995 october 9, 1995 Council Work Session Page 13 it. Nov/ Horow/ Does anybody have any other questions for Tom? Seems like we have a couple of issues here .... I will have to find you a date to meet...middle of November .... Steered away from coming to some sort of agreement in terms of an option. I see us trying to continue to adhere to the current Fringe Area Agreement ..... Essentially we are doing Option 2. Kubby/ No... Pigott/ Set a date for which the thing would be terminated, that is what I heard. Nov/ No- I heard that if we get together and we do not agree, we then should say within 30 days or within the end of year or some specific date we will enforce this agreement, the Subdivision Standards, yeah, because it is our option .... Woito/ You might say you are going to look seriously at terminating the agreement. Throg/ To say it in a letter- Woito/ In a letter now is what Naomi is suggesting, right? Nov/ Yeah. I suggest that we get together, that we form an agreement that we all can live with and a reminder that it is entirely our option to terminate the agreement, enforce the subdivision standards in the two mile limit and we need not set a date in the letter .... I believe that they need to be reminded... we have the intention of doing something other than the current agreement and the intention is either a new agreement or enforce the subdivision standards. Kubby/ We are at a point in the process where we need to change our strategy ...... Keeping the status quo process is not getting us anywhere. We need to do something different. Franklin/ Are there additional issues in which the council needs to address in the Fringe Agreement because the proposal that is out there now does not address the sensitive areas question. Kubby I think we should add that in. Thlsreprssents only areasonably accuratetranscription ofthelowa City council meeting of October 9,1995. WS100995 October 9, 1995 Council Work Session Page 14 Throg/ I believe that we should. Franklin/ Is there a majority for looking at that? Pigott/ Sure. Franklin/ I only have three nods on sensitive areas. Nov/ Yes on sensitive areas. Franklin/ Okay. Kubby/ ..... Franklin/ So as the agreement stands right now as it has been put before the city and the county, the council has some reservations about that amended agreement in so far as it does not require addressing sensitive areas other than the cluster development concept. Throg/ Right. Nov/ Franklin/ .... As cluster development within the Johnson County Ordinance is not as stringent as our Sensitive Areas Ordinance proposal ...... Nov/ Let's say we pass this particular agreement the way it is, we would still have the ability to regulate the platting? Franklin/ Absolutely. Nov/ .... And we can use the environment as a reason? Franklin/ No, not unless it is explicitly in the subdivisions standards. And because sensitive areas is addressed through zoning and not through subdivision standards, you cannot just use that as a criteria for rejecting a plat. You would have to do something different. Lehman/ Franklin/ As it is now drafted as a zoning measure you could not. You could incorporate something into your standards for subdivisions. You could also instead of just using the subdivision standards that apply within the urban area you This represents only a reasonably accurate transcriptlon of the Iowa City council meeting of October 9, 1995. W8100995 October 9, 1995 Council Work Session Page 15 could derive standards for the two mile that were different but not more restrictive than in the city. Thus you would be unilaterally establishing a policy for how to develop with the Fringe which could vary from area to area if you chose to do that .... Kubby/ What are the advantages of us having the Sensitive Areas ordinance be within our Zoning versus Subdivision Regulations? Woito/ It is easier to defend legally. Miklo/ ...applying it to the sensitive areas ..... Zoning Ordinance was the most comprehensive approach. Nov/ What are the chances of getting the Building Code within the two mile Fringe? Fire Regulations, etc.? Franklin/ Imposing the Building Code within the two miles as part of the agreement? ...That would be another factor to bring into these negotiations. Nov/ I think it is a very viable factor ...... Franklin/ You are talking about imposing the building code and having inspections? Nov/ Horow/ As Coralville and North Liberty- Franklin/ This is entirely up to you ..... Horow/ Okay, let's take one thing at a time. Franklin/ I have Sensitive Areas Ordinance, a termination date and Linda you are referring the termination of the agreement that it not be 20 years but like 2 years? Woito/ I don't like 21 year agreements .... that is up to the council .... that are not ever reviewed. Franklin/ There is provision for review... the agreement is in effect for 20 years or 21 years .... and it can be reviewed periodically .... Miklo/ 20 years was based on the current fringe area .... can be a shorter period .... A three year period would give us the Thisrepresents only araasonably accuratetranscription ofthelowa Citycouncil meeting of October9,1995. WS100995 October 9, 1995 . Council Work Session Page 16 ability to CHANGE TAPE TO REEL 95-119 SIDE Woito/ It was written by Pat. Nov/ The Chair or the Mayor shall initiate review. You would have no choice but to initiate review every three years. Franklin/ ... want the Building Code also raised as an issue? Two nos, two yeses... I hear no ..... Horow/ In terms of Linda's memo to us. Do you wish to deal with that right now or .... Woito/ You have already dealt with the recision option .... You are going to indicate you want to go for a letter to terminate which will be a unilateral recision; you deem it null and void. However you can of course be sued ..... I think we can show non-compliance over a period of years. Horow/ This represents only e reasonably accurate transcription of the Iowa City council meeting of October 9, 1995. WS100995 October 9, 1995 Council Work Session Page 17 Industrial Land - Scott Boulevard Area 95-119 S1 Horow/ The County is still working on this and they have asked Ernie if he would sit in with one of the County Board of supervisor members to get more specific on this in terms of working with the owners. Ernie, would you be willing to work with the Board on that? Great. Kubby/ So how does the Airport Master Plan affect our desire or sense of urgency about that particular piece of land? Horow/ To not the same degree as it was. This is more one of long range planning for that area. Kubby/ That corner seems very ideal for that zoning if it can support something besides warehousing. Horow/ I think what is desired...it doesn't support residential ..... I would like us to work with the Board on achieving that one ...... Nov/ On this map, CH Commercial...residential seems even less appropriate. Kubby/ What is the status of the piece of ground north of the area that is just along the highway that Streb wanted more commercial than we wanted? Franklin/ That as zoned to M-1...no commercial but understand that within the County Zoning Ordinance ...you can have commercial within the industrial zone. Kubby/ So he could have more than 18 acres of commercial along Scott Blvd.? Franklin/ Potentially but we have to approve the subdivision plats. Kubby/ But if they follow everything correctly ..... ? Franklin/ If they follow everything correctly. Horow/ This represents only a reasonably accurate transcription of the Iowa City council meeting of October 9, 1995. WS100995 October 9, 1995 Council Work Session Page 18 Kirkwood New Jobs Training Program Agreement 95-119 S1 Horow/ Kirkwood new jobs training program. David .... Nov/ Some of us haven't read it. Schoon/ Let me go over real quickly then with you. Just a little background information. The Legislature adopted legislation in 1994 dealing with the use of tax increment financing. In the urban renewal section the city now has to give notification to other taxing bodies and as part of this legislation they also dealt with Community College's use of TIF when they put together a jobs training project. And so part of that legislation included that any new jobs training projects after July 1 of this year you first have to have an agreement in place before they can do anymore. So that is where we are at. The legislation calls for notification, exchange of information, and mutual consultation. The agreement you have before you has taken the position, given the council's interest in participating in projects that use local property taxes or other local financing that we have put together an agreement that requires your direct participation in terms of approval of any agreement that Kirkwood would put together in using the Jobs Training Program when TIF or incremental property taxes are used. If they don't use incremental property taxes but only use the withholding tax as a funding mechanism, all they must do is notify us that they are establishing a Jobs training Project ..... The agreement is only set up to address those projects which we have a direct interest when they use future incremental property taxes. The agreement is set up that they are to notify us and within 25 day as we are to approve, approve with modifications or disapprove. If we do not act within those 25 days the agreement is deemed approved by the city council. There is also provision in the agreement that if there is an existing urban renewal area and there has been a future project in that urban renewal area, a Jobs Training Project, we need to come to an agreement or notify the Auditor's Office on how we plant to us the incremental property tax ..... There is a provision that we have to notify the Auditor's Office what we are going to do with that. The agreement is ...for two years ..... The agreement may be terminated by either party upon 30 calendar day notice. Kubby/ When is the last time Kirkwood used that TI¥ money for job training? Schoon/ Moore Business Forms and NCS .... that will be on a future Thisrepresents oolyareasonably accuratetranscription ofthelowa City council meeting of October 9,1995. WS100995 October 9, 1995 Council Work Session Page 19 agenda... We need to have this agreement in place before they can go to the next step .... Horow/ ...Is the word Kirkwood Community College, does that mean both the facility in Cedar Rapids as well as the facility in Iowa City in terms of the training programs that they have? Schoon/ It refers to the whole- Horow/ To the whole college, okay. So when ECICOG refuse Kirkwood's proposal and it has anything to do with Iowa City, Iowa City will have already reviewed it, seen it and passed judgement on it before it gets up to ECICOG. Schoon/ ...it may not given timing issues ..... Horow/ Since our representative should be able to vote on this based on input for either ICAD, you or from Kirkwood here. Schoon/ Jim, I am not that familiar with ECICOG's involvement in the Jobs Training Project process. This is Jim Loukota, he works with the Jobs Training Project. Jim Loukota/ I am not aware of any involvement unless they have referred companies to us or referred prospective companies to get some type of financial ..... I haven't been involved with them at all. Horow/ ..... remember having that on ..... It would also go through Council ..... the agenda ..... rubber stamp the Job Training Partnership Loukota/ We are required by statute to notify them ..... Horow/ We also have a representative on that one .... Loukota/ We are suppose to notify them in advance of the preliminary agreement. Kubby/ Jim, in your program if someone goes through your training program, they are working at a local business and they get terminated after a certain period of time. DO you keep track of that? Loukota/ The individual, no. The hiring relationship is between the employer and the employee. We monitor how the funds are expended and how the employer is repaying their obligation on This represents only a reasonably accurate transcription of the Iowa City council meeting of October 9, 1995. WS100995 October 9, 1995 Council Work Session Page 20 their jobs training contract. We don't monitor the success of the employee. Kubby/ ...brought to our attention .... before they become a permanent employee they are let go and the employer gets someone else from Kirkwood .... it is a concern .... It there anything in this agreement that speaks to that issue. Loukota/ There is a limited dollar amount of training funds available to the company ...... nothing in it for a company to train an employee, terminate... then hire another employee. They want to hire people that are going to stay ..... Horow/ Question .... how this council sees the applications before it gets up to JTPA? Loukota/ You will see them before it gets up to JTPA ..... We will notify you 25 days in advance .... Horow/ Next council will have to have some sort of subcommittee... Loukota/ What is the relationship between ECICOG- Horow/ ECICOG, we have a representative on it both from JCCOG and City of Iowa City and I am almost positive that ECICOG sees the proposals that have to do with TIF ..... At least this is something, David, I would like to find out about. Schoon/ A couple more points. 1-The agreement allows us 25 days .... we will still try to move as quickly as possible as we can ..... Preliminary agreement... to set a date after which jobs can be hired and new building construction can start to be counted towards the project. The final agreement may come months or year or two down the road .... There is still an interest on the companies part to try to set that date so they can start to hire people and get the benefit of the program. Kubby/ What happens if the council says no to some agreement for whatever reason? ..... Schoon/ Then they would not use the incremental property tax for the Jobs training Program. Kubby/ Schoon/ Yes, if we do not have an agreement in place they cannot do a Jobs Training Program that uses incremental property taxes. Thls represents only a reasonably accurote transcription of the Iowa City council meeting of October 9, 1995. WS100995 october 9, 1995 Council Work Session Page 21 Kubby Although we could have an agreement that says bypass us. IS that right? Schoon/ We could ..... many communities have a process where they just notify the community and they have a clause ..... it doesn't require the city's approval of the agreement. Kubby/ I like this strategy because when there are public moneys involved it is important that we know what is happening. Pigott/ Good job, David. Horow/ Thisrepresents only areasonably accuratetranscrlptlon ofthelowa CIw council meeting of O~ober9,1995. WSI00995 October 9, 1995 . Council Work Session Page 22 Confined Space Rescue Proqram 95-119 S1 Horow/ Confined Space Rescue Program, Andy- Andy Rocca/ Good evening. Best thing for me to do is begin with a quick overview of Confined Space Rescue and what it means to us and where we are at presently. A couple of years ago OSHA passed a regulation... how the employer would deal with confined spaces in the work place ..... Confined space is entailed...person can get into but not designed for habitation ..... limited entry and exit, type of environment .... materials ..... list goes on and on... these things are really out there. What the law was designed to do .... to give the employer a set of rules to work with and make sure the employee is in fact informed about the hazards associated with working in these areas ..... Put the burden on either industry itself or municipal rescue service to provide that rescue function...triggered by the permit required .... Have to have a program in place that allows for emergency rescue for people that are working in these spaces .... University of Iowa has some needs .... Chuck Schmadeke also indicated a keen interest in our liabilities... for city workers in confined space rescue .... conversations with officials at the University of Iowa .... time that it is going to take to get it online .... asking for .... $75,000 that would encompass the training, equipment needed .... outlined in the memo as well. Down the road... vehicle .... As I indicated I think we can start this program with reserve apparatus and minor modifications... short term solutions .... larger expenditure for the equipment as something we could start looking at now... discussions about training personnel ..... Once equipment is ordered .... have Fire Department personnel trained probably by the end of March... limited service delivery ..... Horow/ ...Does Cedar Rapids Fire Department have the capability? Rocca/ In Johnson County Sheriff's Office .... Rescue 52. They perform the rescue function .... vehicle extrication and agricultural entanglement for a number of years .... Now that this regulation is in affect... Rescue 52... not equipped to deal with confined space ..... Horow/ What is the range in which Cedar Rapids functions and companion to that...where is our range? .... cooperative regional aspect ..... Rocca/ There is quite a range... more realistic region would be Thisrepresents only areasonably eccuratetranscrlptlon ofthelowa City council meeting of October 9,1995. WS100995 October 9, 1995 Council Work Session Page 23 county based ..... you are going to have so many needs... availability within the area. Horow/ Asking for private funds...matching .... Atkins/ As Andy pointed out... private industry .... many smaller companies that simply don't have that capacity... got down to bottom line decision. If there is a rescue to be taken at the ABC Company and whether they are equipped or not, they are going to call the Iowa City Fire Department ..... I don't want our people standing around not trained and not equipped to take care of the particular circumstances .... I personally believe this is an obligation we have to provide for public safety of working in this type of environment .... Kubby/ University... incredible... Atkins/ ...have to come from contingency. We made a pretty deliberate decision that the Iowa City Fire Department is going to have to prepare some to accommodate confined space rescue. Kubby/ I think there is a difference between we need to provide the service and that we need to pay for 100% of it .... University just had a $55,000 fine because of this issue ..... They have a stake in this as well. Pigott/ What about surrounding governments as well? Arkins/ Andy is starting to do some work on Mutual Aide .... clearly I think some of the surrounding communities are going to have to contribute .... Coralville .... Horow/ Has the Emergency Disaster-Emergency Management, has that group discussed this? Rocca/ No, they really haven't ..... talked about within Johnson County Mutual Aid ..... 28E Agreement for fire protection in the county. Horow/ Atkins/ .... this kind of expense and ...other issues in the agreement... we just have to be realistic that the nature of fire service is changing dramatically. This sort of specialized services, we can't afford to go it alone and they are going to have to participate. Thlsrepre$onts only areasonably accurate transcription ofthelowo Citycouncil meeting of October9,1995. WS100995 October 9, 1995 Council Work Session Page 24 Pigott/ That is what I would like to see is some shared costs. Nov/ We can also help train some people in other communities .... Rocca/ ..... Nov/ If Iowa City has the trainers and the equipment...other fire departments can at least have some training .... Rocca/ Draw a parallel to what we are doing with hazardous materials .... It is funded through a per capita .... seems to work well .... Varying levels of training are out there .... Kubby/ In terms of Hazmat, does the University-Does any chunk of the fire contract with them...routine fire fighting...added on for Hazmat. Rocca/ It is not really broken out .... Nov/ The University pays a fair share of the total Fire department budget ..... Atkins/ They will share in this cost. Kubby/ Nov/ They are paying their share of .... everything. I think they will share this without any difficulty. Lehman/ This is an OSHA requirement .... we have no choice... we go forward with every effort. Atkins/ .... It is a federal regulation and.. it is expensive...We will begin working on those agreements .... Kubby/ This is an additional responsibility for out Fire Department... What does this translate in in terms of number of employees? .... Rocca/ ..In terms of additional people, I don't see it that way right now .... It does when you start looking at equipment .... We are looking at all of our inservice equipment right now and we like to maybe reexamine how we are using the aerial ladder. Perhaps we could have it more in a reserve capacity and run the rescue more routinely. So it could be a rescue pumper where it would have a more multifaceted usage .... This represents only e reasonably accurate transcription of the Iowa City council meeting of October 9, 1995. WS100995 9, 1995 . . Council Work Session Page 25 ..... might be able to get some longevity out of that. October Kubby/ Rocca/ Horow/ What is the timing? Atkins/ We will start putting it together .... Kubby/ Thanks for outlining .... Rocca/ ...thank you. This represents only a reasonably accurate transcription of the iowa City council meeting of October 9, 1995. WS100995 October 9, 1995 Council Work Session Page 26 Cable Franchise Overview 95-119 S1 Horow/ Now the camera focuses on Dale and Drew .... Helling/ ...I think we have finally gotten .... provided enough written material for you .... We have given you a lot of material .... We are making extra copies...members of the public .... Nov/ We have got the multiple appendixes... Helling/ A lot of material ..... Quickest and best way to highlight it... letter from Jean Rice ...dated October 5 in which he tried to summarize the process .... (distributes copies of letter). Next week is the p.h. and the BBTC Commission has already voted to hold a joint p.h. with you to take care of that aspect of it. You hold the p.h and then up to you and the Commission whether you want to go back and talk about it further...separately or jointly .... Just like to try to familiarize you with the document and highlight some of those things ..... Main issues that we addressed. During the process of negotiations...restrictions that federal government puts on the franchising authority .... right of renewal basically foes by deferral law to the company... burden is on cities... to show why they shouldn't renew the franchise. It is a tough burden .... Cable Communication Act of 1992 that was in the works .... problem to start out... it was passed. Got into Cable Act of 1994 .... hope it is the bill of 1995 .... because of the changes in the way that the FCC and federal government look at communications and not only cable but also telephone .... cable company moved back and forth .... they are obviously...door opening up... forced into a competition... Like to highlight a few things in the letter ..... New system has to be rebuilt .... it is outdated ..... obsolete. They will be rebuilding the system in two years .... fiber optics and coaxial cable... 80 channels .... can be upgraded into 100 channel system... digital technology .... At the end of the rebuild they have agreed to activate 4 channels additional .... Hoping they will be adding more channels .... A lot of channels are very specific .... If you want to use them you pay .... get fiber closer to the customer .... Pigott/ Shaffer/ Cable company has put in forth in appearance that in fact there is going to be fiber to the home .... That isn't the case ........ very small number of people .... Thlsrepresents only 8reasonably accuratetranscription ofthelowa City council meeting of October9,1995. WS100995 October 9, 1995 . council Work session Page 27 Kubby/ Does having fewer people per node give you more capability per household for interaction or internet or higher quality? Shaffer/ That is correct .... 600 as Rice said is an excellent number in terms of homes being serviced by a node ..... Kubby/ More service can be provided .... Shaffer/ ..... Helling/ Upstream capacity... Shaffer/ ..... upstream capacity is that signal that comes from the house ..... what form that takes is still a question .... That is being designed into the system so that in some point in time...projected...box in your house... CPU, keyboard .... upstream capacity so that you can communicate with the cable company .... they may offer services .... Pigott/ 600 homes through cable future? per node. When they talk about phone service in the future...allow for phone service in the Shaffer/ Yes. They have waffled on that considerably .... Communications bill came back in full force .... Nov/ Are they also adequately addressing the fact that those 600 homes probably have 2-3 television sets? Shaffer/ ... splitting the signal .... They don't have control of the wiring in the house .... Because they are starting with a better signal .... fewer electronics that will go wrong in the system essentially. The signal should be better going into the house .... Nov/ Thinking about the strength of the signal as it enters the house .... Shaffer/ It should be better with this design and with fiber. Horow/ Nov/ Tell me what it means ..Coralville will broadcast without coming to Iowa City .... Shaffer/ Actually it is very similar to what we do now with the local school board. They have a switch .... Kirkwood .... same Thisrepresents only areasonably accuratetranscription ofthelowa City council meeting of October9,1995. WS100995 October 9, 1995 Council Work Session Page 28 thing with Coralville ..... CHANGE TAPE TO REEL 95-119 SIDE 2 Nov/ Interesting that they can do two live broadcasts at once. Horow/ Kubby/ Helling/ One is that the commitment to provide digital converters within a year after the service is offered to another comparable city in Iowa .... If that technology exists elsewhere in the state, we will get it ..... A way to tie into that digital technology. The 5% franchise fee is the same .... in the state is 5% ..... if the feds allow more than 5% and if you want more than 5%, you can do that ..... we would be grandfathered .... Kubby/ Language seemed different about that point in the agreement versus the ordinance. The wording is different .... Helling/ I can take a look at it. Kubby/ ...says it differently in the ordinance .... Helling/ ...we will check it. The $1 million over the term of the franchise for equipment, facilities, etc ..... new concept, external cost means the cable company can pass it back directly to the subscriber on their bill and list it that way .... We have emphasized community programming .... anything that is a external cost can be passed through on the bill. Kubby/ ...should talk about the difference between public access and community programming. Helling/ Next paragraph... money for public access and community programming .... that is not treated as external cost. That is not a pass through. That is the money that the cable company is providing now and it will continue under this formula .... index we agreed to .... I think that is a major concession that the company made .... Equipment necessary for closed circuit programming ..... scrambler .... separate from an institutional network...agreed to provide the hardware to do that. The upstream bandwidth that we are talking about is the next thing .... services like meter reading ..... Consumer service standards, minor differences .... address standards that we Thisrepresents only areasonably accuratetranscription ofthelowa City council meeting of October9,1995. WS100995 October 9, 1995 Council Work Session Page 29 thought were most important ..... $200,000 settlement... a lot to do with the issue that we took into the negotiations which is the transfer of ownership ..... puts the old franchise behind us. Kubby/ Helling/ There wasn't really anything else... 8% senior citizens discount- won't find it in the franchise agreement .... Pigott/ Senior citizen discount .... you got 8%. Shaffer/ It is 8% now .... in the process for over a year .... They aren't offering it in other places. Pigott/ ...$200,000-do we have strings attached to where this money goes? Helling/ No, we have indicated that we would use it for the same purposes..0some type of access, programming that type of thing .... Shaffer/ .... might go back to ...reimburse some expenses ..... over $100,000. Pigott/ How long has Jean Rice been consulting? Helling/ A little over four years .... not all spent on negotiating process either ..... consumer markets analysis, community needs assessment and a technical assessment of the whole system before... request for proposal ..... 1 1/2 to 2 years to complete that process. A ten year term as opposed to 15 .... Nov/ Ten year term starts today rather than the expiration of the old contract? Helling/ The expiration of the old contract was a year ago last April. The new franchise, the effective date will be sometime after it is passed and published, around the first of the year. Pigott/ .... One might argue that you want a shorter term contract because long term commits you to X number of services and with technology whizzing by so quickly, why commit to ten years? Helling/ It is a compromise .... Thisrepresents only areasonably accuratetranscription ofthelowa Citycouncil meeting of October9,1995. WS100995 October 9, 1995 . council Work Session Page 30 Pigott/ What about five? Lehman/ I don't think you can get the kind of investment we are asking them to make .... got to be able to write it off over a longer period of time .... Kubb¥/ Pigott/ Hard as hell to get rid of TCI .... we can't just say bye bye to those folks .... Helling/ ...this franchise has value. They are going to invest a lot of money in building a system and they indicated to us very clearly that anything less than 10 years .... Kubby/ We talked about a review, 3rd year and 6th year ..... Can you explain that a little more? Helling/ ...formalizes our assessment .... an ongoing evaluation process and results...are important to us .... tri-annual review...enforce this all along .... There is an ongoing type of policing or enforcement mechanism. I think the tri-annual review formalizes it for the community and for the cable company. Kubby/ When there is another renewal .... $10,000 application fee...negotiated or federal law or state law? Helling/ It was negotiated .... Kubby/ It doesn't make the playing field very even for someone else to respond to a request for proposal when the current people don't have to pay $10,000 to play the game. Helling/ If someone else comes in... we have to do a little more ground work to try and find out who they are .... They don't have the rights that the current franchise holder has .... Kubby/ We are making it less level .... Is there something that we can pinpoint that we got in giving up that? ..... Shaffer/ It all became part of a package .... You are right .... but on the other hand...whole state of Iowa .... TCI ..... only two exceptions, Sioux City and Council Bluffs .... Isn't competition ..... that is reality... Pigott/ In the future...telephone companies... complicated .... Thisrepresents only areasonably accuratetranscription ofthelowa City council meeting of October9,1995. WS100995 October 9, 1995 . Council Work Session Page 31 Helling/ We don't really know what that is going to look like at this point .... Shaffer/ .... FCC ..... cities would be able to franchise with phone pl yi companies .... level a ng field... Pigott/ Would this ordinance affect that at all? ..o Helling/ Anybody looking for a cable franchise, the ordinance would have the same affect. This ordinance is written for anyone .... not just TCI. Throg/ I am curious about what the major difference are between this proposed agreement and the tentative agreement that Jean Rice and you presented to us about 1 1/2 years ago. What re the major differences? Helling/ Probably the major difference is an institutional network ...... they indicated that they no longer would do that ..... Remember you have a policy that has existed since the beginning of the original franchise that any money that comes for the ratepayers would go back into serve them through community access of administration of the agreement, that type of thing. An institutional network really wouldn't do that...government institutions to use in lieu of dedicated phone lines... closed circuit things .... very little is to be gained by the rate payer except as a tax payer as well .... Had we required them to do that some of the other things in here might not be here .... That is the main difference. Kubby/ Talks about not going backwards in terms of money for public access ..... What I remember hearing at the p.h. is we need more public access, we need more equipment, we need more staff, we need more channel space ..... we are just barely keeping our nose above water ..... Goal was to jump ahead... seems disappointing. Helling/ I think... we would not have been able to get them to agree to provide any more than that basic amount .... That is probably the best we can do. There is additional money there that is not earmarked specifically for public access ..... leave the city with as much flexibility as possible on how the money is used... as long as we put it back in the system...enhance community access .... way to get more customers .... Kubby/ ...now PATV more is flexible. Thisrepresents only oreasonably accurate transcription ofthelowa City council meeting of October9,1995. WS100995 October 9, 1995 . Council Work Session Page 32 Helling/ It could be .... Cable company wanted out of the public access business .... patv...I don't know how that balance will be in the future ..... call it what you want... leave you the flexibility. We did not want that earmarked specifically for PATV because we don't know ..... Kubby/ So is it still set up as a separate contract? Helling/ It is separate now. Just as the franchise agreement is extended with the company, the agreement between the City and TCI and PATV has also been extended and we will be negotiating a new agreement with PATV once this is put to bed .... Kubby/ I appreciate the need to be flexible...I want to make sure that we have some understanding about where that money is going to go...additional resolution .... Nov/ Helling/ Nov/ There is a written contract somewhere so we don't need a resolution. Kubby/ The city could chose...expand...government channel .... Helling/ That would be possible... Kubby/ ...also I want to give some guarantees about we plan in the next 3-5 years to act on this flexibility. Horow/ That is a subset of issues .... internal issue. Kubby/ I am saying ..understanding of what we are going to do with it .... I want us to have that conversation before we approve the agreement. Horow/ I have problems basic flexibility flexibility. understanding why you wouldn't want that and then look at how you use that basic Kubby/ Current level of funding for PATV is not adequate. Shaffer/ You are right .... kind of like the library in some sense. You can't supply enough books, you can't supply enough equipment .... Where do you draw the line .... Another point...we started with a very high standards here .... If you Thisrepresents only areasonably accuratetranscription ofthelowa City council meeting of October9,1995. WS100995 October 9, 1995 Council Work session Page 33 compare what public access gets here... it is high .... Kubby/ I just want us to talk about this. Horow/ Investigate potential for more community programming as opposed to PATV... Don't see the problem with approving the flexibility with this .... Pigott/ ...so long as we talk about the potential of how we spend the money in some way. Throg/ I don't think the question about PATV should drive out decision about the franchise agreement... I think we should affirm the value of PATV and insure that there is funding available for it ..... Horow/ Like to see though what we are talking about in terms of ity ' PATV and commun programming ..... Kubby/ Nov/ I am happy to see you negotiated a separate channel for InfoVision ..... Helling/ Kubby/ So if we had $.50 pass through right now, how much money would that be? Helling/ Almost $100,000 a year based on 60,000 subscribers. Nov/ It says $950,000 ..... for ten years .... Horow/ Kubby/ I don't really understand about the interconnection thing where .... about that we are going to bear the cost of interconnection? Shaffer/ Are you referring to the interconnection with the other commaunities? .... their communities would more than likely bear the cost. The cable company wanted to make sure that they didn't bear the cost of this .... hoping that the other communities would want to do this enough that they would contribute towards this effort .... May be other ways of approaching this .... wanted to get something in there...trying to work in this direction .... Thisrepresents only araasonably accurate transcription ofthelowa City council meeting of October9,1995. WS100995 October 9, 1995 Council Work Session Page 34 Kubby/ Horow/ I sent a letter out to other mayors... refranchising ..... bringing them to the same level .... I would like to send a follow up letter .... Shaffer/ ...TCI...interested in supplying kind of services...other service providers .... bidding situation... Kubby/ Customer service standards .... outline that...goals .... Where are those outlined? Shaffer/ I think there are several of those in the franchise agreement .... most important ones...people having to stay home all day long waiting for the cable company .... two hour call windows... Kubby/ Complaints .... always a busy signal...Is that outlined in here?... so people can get a hold of them .... Shaffer/ Toughest one to deal with because when that occurs... outage... affect a lot of homes... peak times ..... Now it shouldn't effect as many homes as it did before .... Pigott/ What is this optical transmission stuff? .... Shaffer/ How we have had to use our modulators in order to get our signal out of the building ..... In the future, when we go to digital, the technology .... they agreed to supply us with that .... Helling/ Pigott/ You als~ talk about...two additional access channels... requirements .... another channel... Could you talk about process at which you arrived at that .... Hurdles .... Shaffer/ It is not all that different from what we had in the past .... similar...amounts to...35 hours a week programming... You can certainly believe marketing surveys... not interested in adding a lot of access channels .... Pigott/ It says they will provide a 78 channel capacity .... How hard is it for them to move from 78 channels to 100 channels once that happens? ..... IS it easy for them to add 200 channels? Thisrepresents only ereasonably accuratetranscription ofthelowa CIw council meeting of October 9,1995. WS100995 October 9, 1995 . Council Work Session Page 35 Shaffer/ Yeah... fiber optics... enable digital technology and compression technology .... less electronics and more passive .... much s~mpler process of adding those channels in the future. Horow/ Great .... Kubby/ Think about free drops. Can we add things to that list? .... who is missing? County Administration...DHS .... in terms of training .... would you check on that. Horow/ Okay. This represents only a reasonably accurate transcription of the Iowa City council meeting of October 9, 199,5. WS100995 October 9, 1995 Council Work Session Page 36 Council Agenda/Time 95-119 Sl 1. (ITEM NO. 14 - CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE GROUND STORAGE RESERVOIR PUMP SYSTEM IMPROVEMENTS PROJECT.) Atkins/ Ground Storage Reservoir. I am going to recommend that you reject that. Horow/ Okay. Nov/ came in way over- Arkins/ The well is a satisfactory explanation. We used those numbers from a previous project ..... I spent some more time with Chuck today .... Kubby/ Atkins/ Recommendation for rejection. This represents only e reasonably accurate transcription of the Iowa City council meeting of October 9, 1995. WS100995 October 9, 1995 Council Work Session Page 37 Appointments 95-119 S2 Riverfront and Natural Areas Neary. Commission: Richard Hoppen, Jessica Thisrepresents only area$onably accuratetranscription ofthelowa Ci~ council meeting of October 9,1995, WS100995 October 9, 1995 Council Work Session Page 38 Council Agenda/Time Con't 2. Lehman/ ... People called me and asked me... wants to relocate on the eastside... Midtown Restaurant Atkins/ Lehman/ They went to the Board of Adjustment .... Burnside/ The restaurant that they want to build is too big and they want to put in too much parking for that zone and that was the basis of the Board of Adjustment denial. Kubby/ A matter of not doing homework of what that zoning was about. Are there other eastside locations... steer them towards. Burnside/ One of the Board members pointed out... two vacancies at intersection of First Avenue and Lower Muscatine .... Mazzio's and Long John Silver's ..... They were directed towards other places. Kubby/ Atkins/ Nov/ I talked to Melody Rockwell about it .... person was not willing to change anything .... no interest when they talked to staff or Board of Adjustment... fixation on this one location .... Throg/ ...They wanted a 4,000 square foot restaurant .... Horow/ ... concept of the commercial and neighborhood zone is that it is appropriate just for that neighborhood .... Kubby/ Great on the eastside to have a restaurant like that but that is not the appropriate place .... Nov/ ...Towncrest area also ..... Throg/ In the Board of Adjustment minutes .... city's screwy zoning and regulations ..... I think to talk about the CN-1 zone as screwy...zoning is to kind of thumb a nose at the neighborhood and to people who live immediately around that CN-1 zone ..... Kubby/ I would like us to write a letter to the owner of Midtown Restaurant .... we would love them to be on the eastside .... we Thlsrepresents only areasonabty accurate transcrtptlon ofthelowa City council meeting of October9,1$95. WS100995 October 9, 1995 Council Work Session Page 39 would like you to work with our Planning staff .... We want you here and what can we do to facilitate that happening ..... Nov/ ...letter from the Mayor .... Kubby/ Sesquicentennial position... one of my item tonight. I hope your offer is still good and we will take you up on it immediately .... 3. Lehman/ Refer briefly to the letter we got from Charles and Doris Lyle. Pigott/ It was a very nice letter. Lehman/ Other one is we got a letter from folks down on Douglas Court and I guess my question... Do we have rules and regulations covering property owned. by Iowa City Housing Fellowship, that they have to meet a certain standard? Horow/ I would like to talk to Marianne about that. Pigott/ The typical standards .... Lehman/ There is some unhappiness... in this area. I would like to know are we addressing those concerns? Atkins/ As long as they meet the development requirements of the community, they are certainly entitled to develop as they see fit ..... If you wish to put together some sort of a policy on your own ..... GICHF is independent .... Horow/ ..... case of working with the people that are placed in these homes to maintain the standards of the neighborhood .... Throg/ I am trying to find the letter .... We have had experience of living near neighbors whose behaviors we have found offensive CHANGE TAPE TO REEL 95-120 SIDE 1 ® Arkins/ And as a follow up to your meeting on Saturday... Planning staff and my office, we are going to talk about how to bring about this Housing Policy-Neighborhood .... It is on our agenda. We will bring something back to you. 6. Throg/ I wanted to ask our City Manager about the status of appointing people to the Economic Development Task Force. Thisrepresents only areasonably accurate transcription oftholowaCitycouncll meeting of October9,1995. WS100995 October 9, 1995 Council Work Session Page 40 Atkins/ Should be on the next agenda. I have a memo .... Throg/ How do you propose to do that .... Atkins/ We have a suggestion list of institutions. We gave you some names .... All done .... Kubby/ Inquire about the status of having mobile home tenants protected the same as other tenants. We had said we were interested in see if the state preempted us from protecting them equally .... update soon about where we are with that. You are treated differently if you are a tenant in a mobile home park versus a tenant not in a mobile home park ..... Lehman/ .... I would want to see inspections to see to it that these properties are safe .... fire, mechanical and electrical. 8. Kubby/ There are at least two mobile home parks who have decided to put private meters on each mobile home. The mobile home park owner pays the city bill and then bills individual tenants ..... feeling more and more uncomfortable about- IIGE doesn't let me resale electricity. Why should we let somebody resale our water without any price controls on it? I am interested in having us take that next step and say you can't resale water? Throg/ .... Atkins/ They have a master meter that goes into the mobile home park. They then purchase meters and they require the meters to be installed at each unit .... central management...concerns we have is 1-meters are not the type of meter we use. 2-There is no quality control on those meters .... 3- Water lines in mobile home parks run everywhere ..... I think Karen is correct... they could mark the water up if they would choose to .... whole variety .... Nov/ .... Arkins/ .... Kubby/ Two mobile home parks spent a lot of money in buying meters ..... thing to think about .... Atkins/ The resale of water .... Nov/ Thisrepresents only areasonsbly accuratetranscription oftbelows Citycouncil meetlngof October 9,1995. WS100995 October 9, 1995 . Council Work Session Page 41 Atkins/ Meters...are not the type of meter that we use... What we suspect occurred is that ...used meters .... I think there is something we could do .... going to require some thought. 9. Kubby/ Someone came to my office hours and had a great idea .... accountability issue about water bills... create graphs... 20% down payment .... show how close we are to obtaining that goal so that people understand more thoroughly .... So that we have a constant flow of information to make us more accountable for this big water rates. Horow/ 10. Kubby/ We have had a couple of incidents...people doing work for city...behavior concerns... and some safety concerns .... JCNews .... person felt as a woman she was being treated rudely by some men who were working for the city .... We need to get the message out that when you are working and getting paid by the city you are not rude. Atkins/ If I find these out I will send an inspector out immediately that the contractor is informed that that kind of behavior is not tolerated. Kubby/ ...safety concern... people could get in an accident... Is there anyway that we can institute some kind of penalty about that that if they are working at night but they are not putting the investment of safety devices that they get penalized someway? Woito/ Did I cc you on the Jen Vandine investigation .... Kubby/ ...if they choose to work all night they had better have lights. Woito/ They are clearly in violation of city ordinances ..... Horow/ .... encourage them to let us know how things are going .... Kubby/ .... met with profanity .... 11. Kubby/ In P/Z Commission they recommended that the council review the Flood Plain Management Ordinance. I have been wanting to look at that for a long time. Horow/ I am working on it. There is a new directed of long range planning at the Corps...Hudson... talking about the last Thisrepresents only areasonably accurate transcription ofthelowe City council meeting of October 9,1995. WS100995 October 9, 1995 Council Work Session Page 42 letter I sent to Colonel Cox ..... Also asked him about where the appropriations were for various proposals that are coming through Congress .... He said that he is interested in getting into pre and post flooding planning .... There is interest on the Corps part to do pre and post flood planning. Kubby/ .... flood plain is a sensitive area and we need to review our flood plain ordinance in light of those issues... how construction happens .... Atkins/ Let me get an update from Karin on that .... We have talked about it at staff .... Kubby/ 12. Kubby/ And you agreed that you will sit on that sesquicentennial thing .... Horow/ There has got to be some tie officially on this. 13. Kubby/ Last thing. The Bus and Shop Program we got this memo. I am kind of interested in an experiment. Like maybe we try doing this. It may cost of a couple of thousand dollars to do it for six months to see what happens .... Nov/ ... they will feel that you have made a commitment. Atkins/ One of the options we talked about was the experiment .... Nov/ Compromise .... Kubby/ I want to find a way for more merchants to choose to participate in Bus and Shop. Lehman/ What would happen if we priced it the same as our water rates? First so many rides... after a certain amount they go down ...... Kubby/ Declining rate structure .... Lehman/ Problem .... PR problem .... Nov/ I would say $.40 on both of them... Lehman/ Kubb¥/ Advantage to go down to $.40 for park- Thisrepresents only areasonably accurate transcription of thelowa City council meeting of October 9,1995. WS100995 October 9, 1995 Council Work Session Lehman/ .°.now $.35 ..... Atkins/ Think about it. Pigott/ Let's think about it. Kubby/ ...we want to figure this out... Dale, Helling/ They have a parking committee ..... Page 43 ask them (DTA) what Kubby/ Message should be we are interested in doing something but we are not interested in this point in going down to $.35 but what are some other ideas? Lehman/ .... put the monkey on their back .... Pigott/ We will work with you on it. Horow/ 14. Woito/ Do you have any questions about the disposal of the vacant houses .... Kubby/ When did people move? Woito/ There was only one house occupied .... vacated in July 1. Kubby/ Did we do any relocation? Woito/ Yes we did .... Arkins/ The reason we proposed they way they be disposed... fairest, most open ..... Our point is put in a proposal .... Woito/ We are doing more than the law requires. Nov/ I did talk to Marianne Milkman about why we couldn't use those houses somewhere else and mainly because they were built at County standards ..... Moving them into the city was very expensive ..... 15. Horow/ Steve, what about the College Park lights and also the damage at Mercer? Arkins/ It is a policing problem. We will repair the damage ..... Thisrepresents only areasonably accuratetranscription ofthelowa City council meeting of October 9,1995. WS100995 October 9, 16. 1995 Council Work Session Page 44 Horow/ The Sesquicentennial. Thank you for going along with this .... if you have any ideas in terms of the city .... I am going to be pulling together... from Iowa City .... They are state signs .... 17. Kubby/ When do we get our tickets... Atktns/ Call Heather and check .... Helling/ I will see if I can get them Kubby/ Adjourned: 9:22 PM Horow/ Remind you about the HR Breakfast coming up. I haven't received mine. for tomorrow night. Thisrepresents only areasonably accuratetranscription ofthelowa City council meeting of Octoberg, lggs. WS100995