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HomeMy WebLinkAbout1995-11-06 TranscriptionNovember 6,1995 Council Work Session 7:25 PM Council: Horow, Baker, Kubby, Lehman, Nov, Pigott, Throg. Staff: Atkins, Helling, Woito, Karr, Franklin, Miklo, Schoon, Kugler, Denney, O'Neil, Davidson, Fosse. Tapes: 95-128, all; 129, all. Review Zoning Matters ITEM NO. 5a. Consider 95-128 S1 setting a public hearing for November 21 on an ordinance amending the Zoning Chapter to allow adult day care, elder family homes, and elder group homes under certain conditions in Iowa City, and to change the definition of elderly. Miklo/ Setting a p.h.on an ordinance .... This was recommended by P/Z recommended by staff. allow adult day care ..... Commission, 7-0... also Kubby/ Why is limited five people in the elder family homes? Miklo/ Initially we drafted that to-would be five other persons could be in a s.f. resident... could also have younger people caring for them. Some members of P/Z Commission...exceeded the amount of roomers that were allowed in an RS-5 zone .... Kubby/ Miklo/ In RS-5 you can have only one roomer ..... /(Can't hear). Miklo/ The question came up when the Adult Day Care facility was looking for another site ..... At that time we started to think about it .... Horow/ Do we have any material from the Board of Health? Miklo/ I believe we have considerable material from an agency that deals with aging .... Kubby/ (Can't hear). Horow/ (Can't hear). ITEM NO. 5b. Consider setting a public hearing for November 21 on an ordinance amending the Zoning Chapter to require bicycle parking for commercial and multi- Thisrepresents only areesonably accuratetranscription ofthelowa Citycouncil meeting of November6,1995. WSl10695 November 6, 1995 Council Work Session Page 2 family residential development. Miklo/ Setting p.h .... recommended by P/Z Commission, 7-0. That is consistent with $taff's recommendation. Throg/ ...information .... Horow/ Internal or external? Miklo/ It could be either. ITEM NO. 5c. Consider setting a public hearing for November 21 on an ordinance amending the Zoning Chapter by conditionally changing the use regulations of an approximate 5.2 acre tract of land 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. (REZ95- 0010) Miklo/ .... P/Z Commission did a vote on this at their last meeting and they voted 5-0 against recommending approval. Staff has recommended approval subject to conditions including screening, building of Saratoga Place ..... Throg/ The commission... was based primarily on the fact the city council has not settled on a housing policy yet? Miklo/ I wouldn't say that, no. Several of the commissioners indicated their concern was more with the layout of the site ...... Also some of them expressed an opinion that the previous plan .... more clustered... Horow/ We deliberately asked P/Z to recommend to us and they have come back with a recommendation against it. council has an agreement with P/Z to get together when there is an apparent disagreement ..... Kubby/ There is a time frame if there is interest in supporting this ..... tax credit .... Nov/ Council/ (All talking). Throg/ Karen's point is there is this accelerated schedule that Bob has asked for, This represents only a reasonably accurate transcription of the Iowa City council meeting of November 6, 1995. WS110695 November 6, 1995 Council Work Session Page 3 Kubby/ Horow/ Look at our calendars for a meeting. Nov/ I think if we are going to do any formal action on this... we have to do it on the 27th ...... Horow/ That is the City Council Public Private Partnership Discussion. Nov/ We could have a joint formal meeting ..... 6:30 ..... Miklo/ Meeting with P/Z they could ...come November 20th work session. Throg/ I surely think we should schedule a p.h. on it and create the conditions necessary to approve the project within the amount of time required ..... A lot of information we do not have in front of us now. Kubby/ Baker/ Horow/ ...Have P/Z Commission... 20th .... 6:30? Throg/ Question .... Whether the subsidies that are associated with this project remain? ...... Nov/ Franklin/ The Housing and Community Development Commission is going to be discussing this next week, I think, and the staff proposal is going to be that the project retain $100,000 from the 1994 allocation. They still have moneys from the 1995 allocation .... They would have the ability to go forward with the project .... Burns/Greater Iowa City Housing Fellowship now has two allocations, F¥95 & FY95 dollars. So it is cutting back in some of the 94 dollars, reallocating those moneys .... have to be expended by May 31, '96. Pigott/ What would we do with the money not allocated to the Burns project? Franklin/ .... Purchase public housing .... Housing For Working Singles. Something else .... about $200,000. This represents only ereasonably accuratetranscription ofthelowa City council meeting of November6,1995. WSl10695 November 6, 1995 Council Work Session Page 4 Throg/ Karin, if you could document the change in allocation in a short memo would be helpful. Franklin/ Yeah, and you would have that by your hearing on the 21st Miklo/ In terms of expediting this as the applicant has requested, would you like is to put 1st consideration on 21st after the p.h.? Nov/ No .... Horow/ ..... How many people would like to collapse? .... Nov/ Pigott/ ... Nov/ Kubby/ Bob Burns/ The application from says that a threshold requirement be that we have control of the site and that it be zoned properly and we are°assuming that means December 1. In the past the Finance Authority has given some leeway to that .... We are concerned about some kind of technical challenge to meet this special requirement by December 1 deadline .... Thare really shouldn't be a problem .... It should be zoned properly at the time you make an application. Kubby/ Pigott/ Kubby/ .... so that we don't vote the same night be have the p.h. Nov/ ...27th and 28th ..... Pigott/ ...I don't have a problem with a special meeting .... Horow/ Can we agree on the 27th and 28th? ..... Okay, let's set aside 27th and 28th. Kubby/ BY doing this we have created flexibility. Thisrepresents only areasonably accuratetranscription ofthalowa City council meeting of November6,1995. WSl10695 November 6, 1995 Council Work Session Page 5 Throg/ So we would have a p.h. on the 21st but no first reading. Horow/ Right. Throg/ The first reading is on the 27th and then maybe collapse on the 28th. Horow/ Right. Kubby/ And meeting with P/Z on the 20th? Horow/ Right ..... ITEM NO. 5d. Public hearing 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. Miklo/ In addition to d., eo would be first consideration if you chose to have that tomorrow night. ITEM NO. 5e. Consider an ordinance amending the Zoning Chapter by adopting a Sensitive Areas Ordinance to regulate development on properties containing environmen- tally sensitive features, including wetlands, stream corridors, steep slopes, wooded areas, hydric soils, prairie remnants and archaeological sites. (First consideration) ITEM NO. 5f. Consider a resolution affirming the intent of the City of Iowa City to comply with the provisions of the Sensitive Areas Ordinance. Miklo/ Throg/ Questions... Bruce Glasgow raised a question in his letter to us .... does not constitute a taking. I would like to know for Linda whether she has looked at the ordinance .... anything like a taking? Woito/ The answer is no, there is enough flexibility Court is willing to acknowledge the land itself is limited by those features for development ..... in it .... inherently Thisrepresents only ereasonably accuratetranscription ofthelowa Citycouncil meeting of November6,1995. WS110695 November 6, 1995 Council Work Session Page 6 Horow/ Kubby/ Would you be prepared to explain that tomorrow? Woito/ Sure. Throg/ Rational nexus .... talk about that .... Woito/ It is relevant because there needs to be Throg/ Be ready to talk about tomorrow night... Horow/ .... buffer width for stream corridors .... Kubby/ Most everything else in here is based federal and state guidelines or a rational nexus on some kind some basis for it .... of Baker/ (Can't hear). Miklo/ Scott Kugler... worked on that section of the ordinance with the committee .... has some information on how the committee arrived at those buffer reductions. Scott Kugler/ The committee in deciding to go with these particular dimensions for the wetland buffers .... based their decisions on other ordinances that have been adopted across the country and also... city's past experience with other wetlands projects such as Sycamore Farms. There a 100 foot buffer was required... good starting place .... May be some instances where 100 foot buffer is too much .... Should be some means to back off from that ..... What it is being proposed .... most communities...not regulating this ..... Research has shown for the most part our buffers are larger than what most communities in the midwest are requiring... I have some examples here I will pass out .... Most of the midwestern states, their buffers are actually much less than 100 feet .... The second thing .... the larger the developer is the better it is for the wetland from an environmental standpoint .... compromise between the environment and the developmental interests .... What was finally adopted... proving enough protection yet allowing development... Baker/ ...some buffer .... could still back off on the more stringent .... Kugler/ Most people on the committee... felt the 100 feet was This represents only a reasonably accurate transcription of the Iowa City council meeting of November 6, 1995. WS110695 November 6, 1995 Council Work Session Page 7 adequate ..... larger... not practical... Washington, looking at reducing their buffer requirements in half ..... overburden on the development community. Kubby/ Baker/ Kugler/ ...says that buffers may be reduced if these conditions are present. They are going to have to prove that reducing the buffer is not going to have an impact .... Kubby/ .... should say that the city will consider the following versus may consider .... Page 8, 4., b.4., right under the illustration .... shall consider the following... that was discussed Horow/ Committee that represented both sides .... very carefully looked at that .... compromise .... Kubby/ Miklo/ In terms of changing that from may to will to shall, I don't think that changes the intent of the committee ..... Horow/ ... Miklo/ It is hard to speak for them not being here .... in a case where someone is applying to reduce the buffer ..... Kubby/ Does either word exclude looking at other factors? Woito/ ...From a lawyer's standpoint, I would prefer shall. It makes it more specific in terms of what your duty is ..... Is that appropriate in any other section... page 11... Horow/ Kubby/ Horow/ ... Page 11 .... 12 .... Nov/ Shall consider but may reduce... Miklo/ Item C., page 12, first line .... Woito/ Shall consider- This Pepresents only a reasonably accurate transcription of the iowa City council meeting of November 6, 1995. WS110695 November 6, 1995 Council Work Session Kubby/ May is fine on that one .... Horow/ Kugler/ In dealing with reducing buffers and Page 8 we took kind of the same approach in this section of stream corridors as with the wetlands. So they should both be consistent. Nov/ All right. I.n determining whether to reduce the city shall consider .... Horow/ Yes. Kubby/ I am looking on a different page. Council/ (All talking). Pigott/ H.4.d. Council/ (All talking). Horow/ Page 12 ..... Kubby/ Other issue with the stream corridor... page 11... concerned raised to us saying there be a minimum of 50 feet for all levels of stream corridors .... That was a concern brought to our attention. Nov/ (Can't hear). Also I don't like this drawing ..... Looks like it is starting 50 at the bank rather than the floodway .... not properly illustrated in this little drawing .... Kugler/ In terms of the drawing... stream corridor ..... floodway .... edge of the floodway or is not a floodway? Nov/ Miklo/ So if we put in 15 feet from the edge of the stream corridor if there Nov/ The way it is drawn you are staring at the same bank of the stream no matter what the tributary is and I don't think that is fair because you are dealing with the Iowa River ..... Miklo/ In terms of how the committee arrived at the three levels of buffer requirements... Charlie Denney .... Charlie Denney/ This is one item that the committee spent a long Thisrepresents only ereasonably accuratetranscription ofthe Iowa City council meeting of November 6,1995. WSl10595 November 6, 1995 Council Work Session Page 9 time discussing and had a great deal of difficulty reaching a consensus .... met in the middle. One committee member raised the issue of reasonableness... If we set these buffers too wide we are going to have people coming in all of the time asking for these buffers to be reduced .... Committee really felt long and hard .... Similar to other ordinances where different levels of streams have different levels of protection ...... consistent with .... article .... what we are proposing... sound .... first 25 feet on a river is the most critical thing that needs to be protected and once you get beyond that is even better .... Throg/ We received a memo from Karin Franklin on October 19 about flood plain management study... can you state how that study relates ..... Denhey/ Committee when they were reviewing the buffers... came up with recommendation that the city should look at their Flood Plain Management Ordinance .... Throg/ .... memo .... what it told me .... With the study we might come up with some other information. Franklin/ Our Flood Plain Management Ordinance is about development within the flood plain and the regulations that apply .... How we change that... restrictions .... I suppose that one of those things could be that the way you enhance flood plain management is to attempt to clear it .... Horow/ Kubby/ (Can't hear) .... add federal government ..... encourage other public bodies .... Should name them all .... Started thinking about our $18 million sewer connections... if the community has to meet these guidelines... the public sector does too ..... Lehman/ Concept is great ..... public projects that are very very important that might not be able to follow the letter of this ordinance .... Kubby/ Lehman/ .... May be cases where we cannot- Woito/ The design for the construction contract did not anticipate this ..... This represents only a reasonably accurate transcription of the Iowa City council meeting of November 6, 1995. WS110695 November 6, 1995 Council Work Session Page 10 Throg/ I would like to suggest some language ..... I brought some language ..... (Reads Suggested Language For SNA Resolution, distributed 11/6/95). It would replace item 1, paragraph Lehman/ ...circumstances might arise... three readings .... Nov/ Kubby/ Nov/ May or may not know ahead of time ..... Woito/ But you can pass a resolution ratifying whatever action taken in the field ...... Council/ Atkins/ Kubby/ It says formal council approval. Maybe it should say council approval ..... Nov/ Kubby/ ..... Woito/ As a practical matter you always find things in the field and that is what change orders are ..... Kubby/ Atkins/ Lehman/ On page 14 .... required woodland areas not to be retained due to site constraints. We are going to replant 1 tree for every 200 square foot of woodland removed... trees are going to be .... Miklo/ They don't necessarily have to be on the property where the trees are being removed from ..... Lehman/ I also noticed... communication that we are going to replant trees on a 2:1 or 3:1 ratio .... page 10. Kubby/ Make up for loss time .... ThlsrepresentsonlyoreasonablyaccuratetranscfiptionofthelowaCitycouncil meetingofNovember6,1~95. WSl10695 November 6, 1995 Council Work Session Page 11 Miklo/ Actually under wetlands status of 3:1 ratio .... In order to get successful wetlands you have to build a larger wetlands than what was there before. Lehman/ We also say we are going to replace trees of like variety .... cottonwood, we put back cottonwood? Kubby/ Denney/ We have a tree list... a tree that will grow to a similar size and form ..... Miklo/ Also flexibility .... Kubby/ Horow/ Kubby/ Why is this going to be taking effect January 1 rather than our normal amount of time ..... Miklo/ Attorney's office decided .... Woito/ (Can't hear). Council/ (All talking). Woito/ I will find out. I don't see any reason for it. Nov/ Throg/ (Can't hear) .... Miklo/ Intent in the event there is a large portion of the property that is environmentally sensitive... these are ways ..... Lehman/ Kubby/ ITEM NO. 5g. 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) (Pass and adopt) Thisrepresents onlyareasonably accuratetranscriptlon ofthelowa Citycouncll meetingofNovember6,1995. WSl10695 November 6, 1995 Council Work Session Page 12 Miklo/ Pass and adopt .... Concern that was raised about the sanitary sewer, that has been resolved. Woito/ .... they will move the sanitary sewer as we asked them to. ITEM NO. 511. 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/ Needs to be deferred until November 21. Woito/ We are very close .... We should have it finished by then .... ITEM NO. 5i. Consider a resolution for approval of the preliminary and final plats of Windsor Ridge - Part Six, a resubdivision of Tract "A," Windsor Ridge - Part One, and Outlot "A," Windsor Ridge - Part Three, a 7.8 acre, seven-lot residential subdivision with two outlots located north of American Legion Road and west of Arlington Drive. (SUB95-0025) Miklo/ Area that was just recently annexed and rezoned ..... consistent with staff recommendation... legal papers... have been approved .... Thisrepresents only areasonabiy accuratetranscription ofthelowa City council meeting of November 6,1995. WSl10695 November 6, 1995 Council Work Session Page 13 Melrose Avenue Project 95-128 S1 Horow Melrose Avenue Project. Jeff Davidson/ Following our meetings two weeks ago .... Rick and I sat down... decided what we had heard as the consensus of the council ..... Those are highlighted in the memo that you received from me... They are: To attempt to narrow the cross section that is proposed east of Grand Avenue ..... 2-Put the pavement markings on Melrose Avenue...ordinance form that will require public notice ..... three readings ..... 3-For Rick and I to work with IDOT... reduce the 7' shoulders to 5' ..... Clearly a lot of other items that were discussed .... Lehman/ ... Why is it that we wanted to reduce the shoulders from 5' to 7'? Davidson/ That was something that came out of your meeting with UHts ..... There will be no bus stops on the bridge. So what is the minimum width that we need just for a bike lane and that is 5' .... Horow/ My recollection .... Louise From .... Davidson/ Nov/ Davidson/ Should be a facility for bicycles on the bridge. Throg/ So, it is going to be a 43' wide bridge with two 5' wide shoulders. Why not do that all the way down to Grand? Davidson/ What the consultant tried to do... keeping south r.o.w. line fixed ..... ideally the consultant would have had them wider than 7' ...... Our concern in going to a five foot bike lane- CHA3IGE TAPE TO REEL 95-128 SIDE 2 Davidson/ In such a congested situation as Melrose Avenue... bus is 104" wide ..... With a 72" wide shoulder area .... Throg/ ...why have a 43 feet wide street .... ? Davidson/ Rick and I have discussed the bus bay concept... haven't discussed it with IDOT ..... Found a bus pull off design standard that they use .... they consider it to be a good Thisrepresents only areasonably accuratetranscription ofthelowa Clty council meeting of November6,1995. WSl10695 November 6, 1995 Council Work Session Page 14 standard... involves... 175' and 12' bay .... example of a bus pull off .... Rick Fosse/ ..... Looking at it purely from a bicycle perspective ..... lane width proposed by the consultant are 10.8', not 12' .... That is only 9.5" wider than the lanes that are on Kirkwood ..... A lot of lane cheating there .... Melrose, we would expect some lane cheating ..... That extra width is more forgiving for that. Baker/ (Can't hear). Horow/ Throg/ I noticed on Rohret Road the bike lanes are just under five feet. So why the difference? Fosse/ After going through what we did on Kirkwood we felt compelled to keep Rohret as narrow as possible ..... bare minimum ..... Kubby/ Throg/ Horow/ Nov/ To what design standard are we considering narrowing at South Grand Avenue? .... Fosse/ That hasn't been refined yet. Our goal is two fold: 1-Save as many of those nice trees on the north side of the roadway. 2-Not acquire any property, historic property ..... probably have one lane in each direction... Challenge is how to get that west bound traffic a lane on South Grand ..... Nov/ Kubby/ Check in if there are people interested in reducing the bike lanes on the road .... Horow/ I would even go for keeping them on the bridge for a safety point of view ..... Lehman/ Nov/ I would not reduce them on the street portion ..... Thisrepresents only areasonablyaccuratetranscriptlon ofthe Iowa CI~ councllmeetingofNovember6,1995. WSl10695 November 6, 1995 Kubby/ I think council Work Session Page 15 they should be 5' on the bridge ..... smaller shoulder on the bridge ..... I don't know what I think about the rest of the road. I tend to want to make it as narrow as possible .... safety factors. Nov/ Pigott/ I think that the argument... the side .... still going to get that Baker/ ...Three lane...still want 7' ..... Horow/ There are four people here who are sticking with the 7' the road ..... This is button down .... Kubby/ ...there will be three readings... cannot collapse. sand and stuff gathering on stuff on the side .... on Throg/ .... The Association would be involved in all later design stages... landscaping .... one of the four items .... reaffirm it .... Horow/ Nov/ Fosse/ (Can't hear). Thisrepr~ents only areasonably accuratetranscription ofthelowe Citycouncil meeting of November6,1995. WSl10695 November 6, 1995 Council Work Session Page 16 Economic DeveloDment Ad Hoc Committee 95-128 S2 Horow/ You have responded. I have appreciated this. As you know .... names... We have agreed we will not choose them until after the election. The issue really before us is how you are going to choose this ..... talked to ... you... facilitator .... Nov/ .... ask them if they are willing to do this if they are appointed ..... At some point the city council will choose. Throg/ We should choose and then send that letter... Nov/ We should know that all of these people are willing to be considered ...... Lehman/ I would rather make a selection, notify them that they have been selected, if they choose not to accept the appointment then come back ..... Horow/ Okay, back to the original question. Karen was very uncomfortable the last time in terms of talking among ourselves, making the decision. How many of you wish to continue that process? Kubby/ Baker/ Kubby/ Baker/ Kubby/ Horow/ My discomfort was the kind of informal tallying ..... ..... I like the way we make out appointments. Have this list of names .... four people for X, Y, and Z .... Baker/ So these categories are okay and we categories? Nov/ I thought we all did that. Baker/ Horow/ What you are looking for right information from these people .... Throg/ ..... Memo can add names to the now... additions .... Thisrepresentsonlyareasonablyaccurate ~anscrlption ofthelowa City council meeting of November6,1995. WSl10695 November 6, 1995 Council Work Session Page 17 Horow/ I didn't realize that you wanted it in the packet. Throg/ One has to do with the resource people .... When I think about the resource people .... Steve is probably thinking of the resource people as kind of like technical experts to advise the committee...They have some special expertise .... In my memo I suggested they be treated not as voting members but as advisory members ..... 2-Peter Fisher... recommended as a resource person. He lives a block outside of Iowa City .... If they are treated differently maybe he would be treated eligible ..... He is probably the premier expert on the effectiveness of economic incentives in Iowa City ..... Horow/ I don't disagree with the expertise that Peter has but I think the resource subject area... expertise... Our problem is the issue of incentives, issue of types of businesses that we want to encourage ..... Our problem is we have got too many experts .... Kubby/ Nov/ ...As non-voting members they can come to just the meeting on which their expertise is required .... Pigott/ .... limit of resource people .... Horow/ In terms of the resource members .... Pigott/ You list those people and you give that to the committee and you say these are people who are experts in these fields, you might want to invite them to contribute to the meeting .... Kubby/ Pigott/ Horow/ We could all think of others equally qualified ..... Kubby/ Horow/ Nov/ Let's go back to how are we going to choose a committee how many people .... Baker/ and This represents only a reasonably accurate transcription of the iowa City council meeting of November 6, 1995. WS 110695 November 6, 1995 Council Work Session Page 18 Nov/ I would like three, put one more to make it an odd number ..... If we say we are not going to put a limit on the resource people... now have eight .... Throg/ Three more .... Nov/ One more citizen member .... Throg/ I called several people who might be of them lived outside of Iowa City ..... the process .... labor members .... most difficulty built into Horow/ This is primarily for economic development .... Nov/ Horow/ Okay, any other aspect of this? Atkins/ Thisrepresents only areasonably accuratetranscription ofthelowa Citycouncll meetingof November6,1995. WSl10695 November 6, 1995 Council Work Session Page 19 NCS AGreement/Final Jobs Training Agreement 95-128 S2 Atkins/ David is here, the NCS Agreement. A couple of things we wanted to raise as an issue with you about that agreement .... Horow/ It is not on the agenda but I was going to bring it up under council time ..... Atkins/ Several of you had talked about the possibility of a claw back agreement. It is not in this agreement and we wanted to explain to you the approach to Kirkwood .... David Schoon/ We approached Kirkwood Community College asking for the inclusion of repayment clause or claw back clause and their ..... response... their responsibility is to the tax payers of this community college district and so the agreements are set up so they can repay the debt that they incur up front .... Within the agreement year where there is two funding source, incremental property and the withholding tax credit off the employee's income. So how it is funded is based on those future funding sources. So the agreement is very dependent on paying off the debt occurred up front that those funding sources occur ..... So the agreement is set up that in essence if NCS from their project .... doesn't come up with sufficient revenue to pay Kirkwood,s debt obligation, the company has to come up with the shortfall ..... It is not directly job for job.°. but if you don't create those 170 jobs, you may not generate enough revenue to pay off the debt. Kubby/ .... the payback is guaranteed .... employees are helping repay this debt from taking out of their paycheck? Schoon/ Instead of the tax that is collected out of their paycheck that goes to the state, a portion of it goes to Kirkwood to fund the jobs training project. In both instances it is the tax the company would pay anyway ..... and it is being diverted to fund the jobs training project. Atkins/ We raised the issue .... Kubby/ The protection is the important thing .... Schoon/ .... There could be a project .... Kirkwood is so conservative in their formulas, that they may be able to pay off the debt without asking the company for any additional money because they base over ten years what is the salary being paid today .... They have a lot of cushion in the agreement already ..... Thisrepresents only areasonably accurate transcription ofthelowa Citycouncll meeting of November6.1995. W$110695 November 6, 1995 Council Work Session Page 20 Kubby/ Atkins/ Kubby/ Horow/ I appreciated that. Nov I did not realize until now that we are authorizing Kirkwood to sell certificates which they can pay off over a ten year period, right? .... What happened if the property tax increment allows enough money within six years? Do they still continue these certificates for ten years? Schoon/ No. If they are able to pay off their debt within a six year period, then the property goes back onto the regular tax roll. Nov/ And therefore they pay off all those certificates? ..... Atkins/ The pledged the property tax from the project as the underlying foundation for the financing... They may have a call provision within their debt .... If they were to call it- Nov/ Schoon/ ...they need to be able to repay their debt and that was over a ten year period .... We may get the tax revenue sooner than ten years as long as Kirkwood is able to meet their financial obligations in a shorter period of time. Nov/ In terms of the date .... There seems to be a conflict of dates within this agreement. Schoon/ They entered into a preliminary agreement in October 1993. That sets a base date. After that date... can begin to add jobs or add value to their site. Those jobs and that added value can then be part of this training project .... The preliminary agreement sets up that at this date you have so many employees .... value of your property. Beyond that date, whatever jobs you had, whatever value you add to your site can be counted towards funding this jobs training project ..... It just sets the date .... Nov/ Do you know why it takes two years to come up with a contract? Schoon/ NCS .... they have changed chairman, locally they have Thisrepresents only areasonably accuratetranscription ofthelowa Citycouncil meeting of November 6,1995. WSl10695 November 6, 1995 Council Work Session Page 21 changed staff members that have been working on this project... It didn't move as quickly as they %tould have liked it to move .... misunderstandings about who was to do what .... Kubby/ Nov/ This is not a standard procedure... Schoon/ Yo~ can expect a year ...... Horow/ David, thank you very much. This represents only e reasonably accurate transcription of the Iowa City council meeting of November 6, 1995. WS110695 November 6, 1995 Col]ncil Work Session Page 22 Airport Master Plan 95-128 S2 Horow/ First of all, the letter that you saw in the packet .... Atkins/ You had asked to be placed on the agenda and the letter has gone out. Horow/ ...1-Letter of intent that Charlie Duffy and I sent .... Woito/ Pat redrafted it and then the Board deleted a couple of paragraphs. So it was fine with me. Horow/ The other one is this particular letter (George Knorr/Consent Calendar) which I thought Ron's answers were good ...... Other than that, that is it. Nov/ Ron O'Neil/ We have a couple of different people that would like to locate at the airport but it depends on what the rent would be on a particular building. I guess what we are asking at this point is would there be support for us to go out and gets plans and specs .... and actually take it out to bid to get a solid dollar amount so that we could then negotiate with these people ...... This is a different hangar. The other hangar we started constructing it o.. is full .... This is for a larger aircraft .... Kubby/ ...If you have got a waiting list, it means our rent is pretty reasonable. O'Neil/ ..... The new hangars are much nicer. People are willing to pay more rent .... Kubby/ ... this seems premature .... As many people should be based here as possible... I hesitate about the timing. Pigott/ O'Neil/ Certainly from a funding standpoint it wouldn't make any difference because this is an item that would have to funded locally no matter what .... We have to make a starting point Kubby/ We don't know what all the plans are for the airport site Lehman/ Thisrepresents only areasonably accuratetranscription of thelowsCl~ council meeting of November 6,1995. WSl10695 November 6, 1995 Council Work Session Page 23 O'Neil/ There is really some limited areas on where we would construct either T-hangars.. or corporate .... Pigott/ Nov/ If we have a waiting list for business aircraft .... Does it make any sense to build larger hangars...? O'Neil/ The waiting list that we have now is for the individual hangars ...... We would try to build a multi-plane hangar so that we could cut.down on costs ..... Nov/ If you have three airplanes that are ready to go in here, does it make sense to build a hangar that would accommodate four airplanes? ..... O'Neil/ If we built a larger... in anticipation.. cost per square foot... less that if you wanted to add on later. Nov/ Do we want to consider additional space..°? Horow/ I don't know about the bidding process. 0'Nell/ The more variables... the more complicated ..... Horow/ O'Neil/ I put a size in there ..... We are trying to be conservative ..... Horow/ Throg/ Something just sounds strange about the process ..... How many hangars are we going to build? O'Neil/ I guess I don't see any problem .... We need to go through the process and get a number ..... We need a solid number on the cost of the building so we can negotiate with the potential tenants .... Kubby/ Question... pay back time frame .... O'Neil/ ...unrealistic to think it would be paid back in ten years .... Horow/ As I understand it, you are going to come back with a different resolution .... Thisrepresents only areasonably accuratetranscription ofthelowa City council meeting of November6,1995. WSl10595 November 6, 1995 Council Work Session Page 24 suggestions O'Neil/ .... we can take ...... Lehman/ I would take the size and price out and just say construct additional hangar space. Horow/ Linda, can you give us another one? Woito/ This represents only a reasonably accurate transcription of the Iowa City council meatlng of November 6, 1995. WS110695 November 6, 1995 Council Work Session Page 25 Cable Franchise Renewal 95-128 S2 Helling/ Very quickly I will point out three things that you received in your packet. 1-Some minor changes that Anne Burnside drafter for the ordinance ..... CHANGE TAPE TO REEL 95-129 SIDE 1 Helling/ Secondly, the minutes from the commission meeting of last week with their formal recommendation and thirdly, my attempt in a memo to try to clarify some of the definitions of some of the terms that we throw around that you may not be as familiar with as we are ...... Beyond that, it is on the agenda for first consideration of the ordinance tomorrow night and the resolution approving the agreement will be on at the same time you do a third consideration of the ordinance. Baker/ After the third consideration of the ordinance and resolution is taken care of, how soon after that would we issue a contract with PATV. Helling/ Rather soon I would hope .... Kubby/ So it will no longer be a three way contract like it is now .... Helling/ ...between the city and PATV. Pigott/ It interests me the concerns that PATV had ..... in this resolution ..... If we wanted to change the language... to say absence instead of the way it is currently worded, would that take us back to the negotiating table or would it not? ..... minor changes ..... Would that re-open negotiations with TCI is my question? Helling/ Probably not, Bruno. Nov/ It would re-open negotiations with the BTC. We have asked them to recommend and this is what they have recommended .... Baker/ Pigott/ Horow/ Why change it? Kubby/ There were a couple different language changes that were proposed .... One of them is taking out the word community Thisrepresents onlyareasonably accuratetranscription ofthelowa Citycouncil meeting of November6,1995. WSl10695 November 6, 1995 Council Work Session Page 26 programming ...... Other language was in the BTC minutes .... public access will get this money and if they are no longer solvent then it will go and it still has community programming in that, isn't it Dale? In the BTC one. You should look at it. Helling/ There was not a- There was a suggested language by PATV at the meeting. There was not a suggestion by the commission to change the language. Just to point out, out of the five changes that you see, four of them are in the ordinance .... Ordinance can be amended from time to time. The language that we are talking about in terms of access... is on the Franchise Agreement ..... We see the language that was proposed adding gender identity is simply requiring them to comply with the local ordinance .... I can't tell you for certain whether or not the cable company would object to that or not ..... Baker/ I just don't see any reason or the need to do it ..... We are going to negotiate a contract with PATV immediately after this is settled and that is a binding contract. Nov/ .... I just don't see they need to re-word the ordinance in order to have their contract. Kubby/ ..... seems like the majority of council's intention is to give that money to Public Access in a flexible way .... It could also go into community programming .... My intention is to say for the life of the franchise, as long as PATV is there, I would like that PATV contract to say ten years or the life of the franchise ..... Horow/ I haven't gotten into it that much .... paranoia ..... in terms of the viability... longevity .... Kubby/ Historical stuff ..... better to have the city to do that. Horow/ .... PATV .... I can't even imagine PATV crashing. Nov/ ..oi cannot can imagine funding and the current imagine the city council not funding them. But I TCI trying to worm its way out of this particular therefore I want that to be locked in and I think language locks them into this obligation. Kubby/ I think it is important for us to acknowledge .... Baker/ We are getting a recomm~.uu~on from BTC, right? Which is guaranteeing us X number dollars for public access ..... We are going to negotiate a separate contract with PATV. I don't see Thlsrepresents only areasonably accuratetranscription ofthelowa City council meeting of November6,1995. WSl10695 November 6, 1995 Council Work Session Page 27 the problem. Throg/ I don't have a problem with the language that is the proposed Franchise Agreement. But I do hear concerns coming from the PATV .... They want to hear some affirmation from the city council that there will be continued funding for their activities ..... pause .... part of the funding might be diverted away fro~ PATV ..... I personally would urge us to do the equivalent of adopting a short resolution expressing council's intent to maintain PATV's funding at essentially its current levels .... Nov/ ... going to have a written contract ..... They don't have any reason to believe that we would lie to them. Throg/ .... ~et me be clear... Are you saying that you intend .... to continue funding for PATV at essentially $149,000 for community programming of Public Access? Nov/ No... you cannot have a city council commitment... know what kind of money is coming in .... Horow/ .... I wouldn't want to say that I want to fund it for $149,000 because I might want to put more money into it .... Pigott/ And you don't understand why they are worried? Council/ (All talking). Baker/ We are going to negotiate a contract with PATV .... I don't know what the terms of that contract are going to be ..... I want to talk about the terms of the contract separately from this ordinance and resolution ..... Throg/ They have said they don't feel a commitment to- Council/ (All talking). Horow/ What I said to you... I would feel uncomfortable putting a specific number in that because it might turn out to be more .... I do not think that PATV is the only route for community programming ..... I do also not feel that they need to be a monopoly in this whole thing. None of those... says we are going to cut their funds .... Throg/ Are you expressing a commitment on your part... a minimum of $149,000 a year for PATV? Thisrepresents only areesonably eccuretetranscrlptlon ofthelowa City council meeting of November6,1995. WSl10695 November 6, 1995 Council Work Session Page 28 Horow/ Certainly and I have never challenged that from my point of view. Pigott/ ...They are questioning what language they saw in this .... I understand where they come from and why they worry about it... It is more nebulas... Horow/ I think you are making a mountain out of a mole hill. Kubby/ High emotion .... I think it is important for us to acknowledge their feelings ..... by explaining my intent .... It needs to be acknowledged that there are strong feelings out there and I feel like it is being dismissed. Horow/No, that is not true. Baker/ It is completely unfair statement. Horow/ Pigott/ They feel that the language of the document makes it seem more nebulas ...... Horow/ For the city to deal with a mega corporation, I think we have done pretty well ..... Baker/ .... We are going to negotiate a contract with PATV. Then we can get into our commitment, the time frame, the money ..... Horow/ .... Baker/ Kubby/ The language helps dictate the outside or inside parameters of what we are able to do with the contract and so that is why they are concerned ...... Nov/ This issue and language was more clearly explained by Jim Larew and I asked to have his comments included in this council packet so that I could read them ..... I thought he explained it very well ..... I thoroughly agree with the language that is in the current ordinance and I have no desire to change it. Throg/ I don't have any disagreement about that. council/ (All talking). This represents only a reasonably accurate transcription of the Iowa City council meeting of November 6, 1995. WS110695 November 6, 1995 Council Work Session Page 29 Pigott/ ... I am going to support this document whether this language is in it or PATV. Nov/ I have one more question before we go to another topic. The letter from Tim Clancy, can we send him an answer because I think he didn't understand ..... I think we should explain to him that PATV was given a chance .... Horow/ Is that council's okay? .... Kubby/ Nov/ ...I will write to him if you prefer not to .... Horow/ No, that is fine. Nov/ Kubby/ At that meeting ..... may have seemed like it was cutting off discussion .... Horow/ I will either call him or write him a letter .... Any other issues on the cable franchise? Kubby/ There is one issue that really just gets me. It is on page 17 of the agreement and it says .... When the franchise is up for renewal in the future, if you are not TCI you have to pay $10,000. If you are TCI, you don't have to and that is not a level playing field and I strongly object to it. Council/ (All talking). Kubby/ It is under applications for franchise ..... (Reads Sec. 12- 4-9 a.) Nov/ If this is part of the Cable Act .... ? Helling/ That is a fairly common practice because if you have somebody new coming in and that is what we did when ATC took this franchise 15 years ago because there are some costs... verify who they are .... You are not obliged to give a new company a franchise .... The burden is different ..... filing fee to offset our expenses locally ..... Pigott/ Seems like a big barrier to enter into the market ..... Helling/ In today's world in cable, $10,000 is no barrier .... This represents only a reasonably accurate transcription of the Iowa City council meeting of November 6, 1995. WS110695 November 6, 1995 Council Work Session Page 30 Pigott/ This is another hurdle ..... Nov/ You are talking about $100 million worth of construction ..... Nov/ Agree with Naomi and Ernie on that one. Horow/ Kubby/ ...Taxes on page 19. It is about financial projections, financial support. Is there anything, Linda, that we can put in there so that we don't have to hassle about what taxes they owe to the city every year? So it is really clear what their capital investment is? Woito/ Unfortunately the Iowa Legislature has been eroding away our ability to tax anything other then just replacement cost new less depreciation. I think we got out of them what we could in terms of reporting. Kubby/ The other question was about this three year renewal or three year review of qualifications and I was thinking about whatever economic development parameters that we come up with .... should be incorporated into our franchise fee .... in some way. Horow/ Kubby/ That in three years .... they would have to .... public investment in a certain way... should they have to follow the same parameters anyone else receiving the advantage of public institutions .... Should they have to follow the same rules as people getting- Horow/ ..... by the time the economic development committee gets itself assembled- Kubby/ I am not suggesting that we slow down the process .... Is there a way to incorporate some language now .... Horow/ Helling/ I don't think it is possible to answer your question .... Fighting for in federal legislation is to preserve the right to even have a franchise fee and charge the cable companies for their use in public r.o.w. in any fashion ..... Kubby/ Our responsibility as council members is to get the best This represents only a reasonably accurate transcription of the Iowa City council meeting of November 6, 1995. WSl10695 November 6, 1995 Council Work Session Page 31 deal possible for this community .... make sure if livable wages .... our franchisee would need to follow those same rules .... Nov/ Horow/ Thank you, Dale. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 6, 1995. WSl10695 November 6, 1995 Council Work Session Page 32 Meeting Schedule For Remainder of 1995 95-129 Sl Horow/ You received my memo. We have got a number of issues to deal with ..... 27/28th ..... 11/12th Pigott/ That's my birthday .... Nov/ Horow/ 11/12th possible work sessions .... Action Plan for City Steps ..... 20th ..... Fringe Area Agreement with the county .... Assisted Housing and Airport Master Plan ..... Karr/ Nov/ I don't think we need another meeting on Sensitive Areas .... Kubby/ Big thing is Fringe Area and Assisted Housing. Nov/ Horow/ Baker/ Meeting with students .... Nov/ Late in the semester .... Throg/ Early next year .... Horow/ 11th... get with Charlie on the 11th .... Franklin/ Suggest you have a fringe discussion before you meet with the county again .... Council/ Throg/ I interpreted that as a move on their part toward agreement. Is that your reading of that memo/letter? Franklin/ There are significant diverges from the proposal that was brought to you by the two commissions, the county and city Zoning Commissions .... deleting things... gives county power over annexations in the two miles .... you agree not to extend your two mile review in certain areas .... only with concurrence with the county in other .... opens up development .... Nov/ Need to go back and look at proposal that came from the Thisrepresentsonly areasonablyaccuratetranscription ofthelowa Citycouncil meeting of November6,1995. WSl10695 November 6, 1995 Council Work Session Page 33 0ommlsslo]~s .... Franklin/ ...you need a discussion amongst yourself .... Horow/ December 4 meeting and follow up the following weekend .... Atkins/ Any idea on how much time on the Housing. We could put it on for the 27th ..... Nov/ Put Assisted Housing on same day as the other housing. Atkins/ Nov/ Kubby/ I have not idea what the Assisted Housing needs .... Franklin/ With your discussion of housing... you are going to invite the new council members ..... revisit... what came out of the last meeting .... public-private partnership .... That may be a good two hours. Nov/ I also want us to go back to the Housing Task Force that we had a couple of years ago .... pull that out of the files ..... detailed .... came up with strong recommendations on public private partnerships and Assisted Housing .... Franklin/ 12/4 a work session for the Fringe ..... Horow/ 6:30 on 12/4 for the Fringe Area Agreement ..... Meeting with the county either the next week or before the meeting on the 18th .... Kubby/ .... wrote a memo .... Nov/ Suggestion is a tad premature ..... Kubby/ I didn't mean to say that was the only communicating... helpful to make sure the more clear ..... reason... trouble communication is Throg/ .... mediator between the county and the city ..... Could well come to that conclusion at the end of our meeting on the 4th .... Horow/ Thls represents only a reasonably accurate transcription of the lows City council meeting of November 6, 1995. WSl10695 November 6, 1995 Nov/ We would have Supervisors .... Kubby/ ...Just keep that memo in mind. Horow/ Left with Assisted Housing .... Kubby/ Nov/ Karr/ We will do a revised schedule. Horow/ 6:30 on 12/11 for whatever ..... Nov/ What about the 11/28th? Council Work Session Page 34 to have a meeting or two with the County Karr/ 28th .... for special formal need not be an evening one for the Burns thing ...... If you are not going to do it for any other purpose but that and it is a final reading. Nov/ I am suggesting we put Assisted Housing .... Lehman/ I will try to be here .... Council/ Baker/ I will be out of town the 12, 13, 14 and 15th of December. Horow/ ...I am out the 6th through the 10th ..... December. Pigott/ I am out after the 21st. Kubby/ No to the 12th? Horow/ Yes ..... we said okay to the 11th ..... Assisted Housing ... 11th along with possible county ...... Kubby/ Horow/ Assisted Housing... 28th November .... (Burns) in the morning. Kubby/ We would have two special meetings on the 28th? Horow/ Nov/ No ..... Thisrepresents only areasona§ly accuratetranscription ofthelowa City council meeting of November6,1995. WSl10695 November 6, 1995 Council Work Session Page 35 Kubby/ Karr/ Back to 28th for Assisted Housing and possibly Bob Burns? Throg/ Council/ Horow/ Karr/ Added November 28th and deleted December 12. Other than that everything stays? Horow/ Right .... January 2 Organization Meeting ..... January 2 .... January 6. Karr/ Iowa League of Cities Council Training December 6 in Williamsburg ..... Wednesday night .... I will put the information in the next packet ..... Thlarepresents only areasonably accuratetranscription ofthelowa City council meeting of November6,1995. WSl10695 November 6, 1995 Council Work Session Page 36 Appointments 95-129 Sl Board of Appeals - Charles Wayne Mass Design Review Committee - Philip Reisetter Randy Rohovit Human Rights commission - Tom Dickerson Patricia Harvey Ann Shires Parks and Recreation Commission - Ross Wilburn Allen Stroh CHANGE TAPE TO REEL 95-129 SIDE 2 Planning and Zoning Commission - Eric Engh This represents only a reasonably accurate transcription of the iowa City council meeting of November 6, 1995. WS110695 November 6, 1995 Council Work Session Page 37 Council Agenda/Time 95-129 S2 1. Baker/ I have one item .... West High School. The discussion about road improvements and the entrance into West High School. Can we set aside some time and talk about that in more detail? Atkins/ (Can't hear). Horow/ Anybody else want to? Nov/ ¥eah .... Arkins/ ... schedule it. Kubby/ (Agenda #3f(6)Letter from Eric D. Miller regarding parking in the Chauncey Swan Ramp). We had a letter from Eric Miller .... parking ticket and his suggestion that we try to cross check and if someone did get a ticket that we don't wait for them to catch it, that we catch it .... Wouldn't that be a shock to get a letter from the city saying here is your $3.00 back, we made a mistake ..... incredible ..... Nov/ .... The person who has a ticket would have to tell us that they received it by mistake. They would have to come in and say look, my receipt says I paid for this place five minutes before the ticket was written .... Kubby/ ..... Lehman/ You are going to pay the ticket and throw the receipt away. The city doesn't get the receipt .... impossible to know whether the ticket is legitimate or not. Kubby/ Arkins/ My only concern is the turn around time ..... I have to read the thing. Pigott/ Atkins/ We do about a 100,000 parking tickets. Kubby/ Asking .... reduce the incidence of this happening ..... Someone who had the receipt and is willing to take action on it .... Nov/ We can put a sign up on the machine that says save your Thisrepresents only a reasonably accurate ~anscriptton ofthelowe City council meeting of November 6, 1995. WSl10695 November 6, 1995 Council Work Session Page 38 receipt .... Lehman/ .... if we have a problem .... keep an eye on it .... Nov/ Kubby/ Steve wrote me a note that Transit drivers had met with Joe and other Transit people, that it was a productive meeting... That the on-time record at the hub is done 23% and that ridership is up .... safety concerns because of that decreased on-time record .... Important for council to know that drivers are concerned about some safety issues and met with the staff and Steve said it was productive but I don't know what that means. I would like to get an update memo or something. Atkins/ They didn't take minutes .... opinions. Pigott/ (Agenda #18 CONSIDER AN ORDINANCE AMENDING TITLE III "CITY FINANCES, TAXATION AND FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES" OF THE CITY CODE, TO ESTABLISH A CHARGE FOR BUS 'N SHOP COUPONS. (FIRST CONSIDERATION). First consideration of the Bus and Shop thing .... willing to expedite the next reading? ..... Let's do it. I will move to expedite the second reading. Nov/ I was surprised this required an ordinance. Pigott/ So was I ..... Council/ (All talking). Throg/ Steve gave us a memo dated October 27 about the silurian wells. It would be worth talking about tomorrow night. I would like to ask you about that to respond... You don't say anything about what the actual production was from the well. Atkins/ I will find out. Horow/ I would like to add up on that ..... Atkins/ Throg/ It is worth talking about .... 6. Throg/ October 23 letter from the DNR about the permit schedule for the waste water stuff. Anything new? Thisrepresents only arensonablyaccuratetranscrtptton ofthelowa Citycouncil meeting of November 6.1995. WSl10695 November 6, 3995 Council Work Session Arkins/ Preparing to follow up .... Throg/ ...clearly had a bottom line .... Atkins/ Page 39 Lehman/ ...We apparently get permits... our permit is up on the date that they are insisting upon completion. They are reluctant to issue another five year permit .... Arkins/ Lehman/ Kubby/ 7. Horow/ I sent letters out to Grassley and Harkin on the Safe Drinking Water Act. 8. Horow/ You have seen the letter back to the Corps thanking them- Note back from Stoney Cox .... 9. Horow/ We have a letter from S.E. Jr. High teacher asking all council members if they would participate in a reading project, partners in reading. Adjourned: 10:00 PM This represents only e reasonably accurate transcription of the Iowa City council meeting of November 6, 1995. WSl1069§