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HomeMy WebLinkAbout1995-08-29 AgendaIOWA CITY CITY COUNCIL AGENDA REGULAR COUNCIL MEETING OF AUGUST 29, 1995 7:30 P.M. COUNCIL CHAMBERS, CIVIC CENTER 410 EAST WASHINGTON Subject to change as finalized by the City Clerk, For a final official copy, contact the~ ~.,~ Clerk's Office, 356-5040. ~-?' AGENDA IOWA CITY CITY COUNCIL REGULAR COUNCIL MEETING - AUGUST 29, 1995 7:30 P.M. COUNCIL CHAMBERS ITEM NO. 1 - CALL TO ORDER. ROLL CALL. ITEM NO. 2 - MAYOR'S PROCLAMATIONS. Coldten Retirement Residence Week- September 3-10, 1995. ITEM NO.* 3 - CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR A[VlENDED, Approval of Official Council actions of the special meetings of August 14, August 17, and August 24, 1995, and of the regular meeting of August 15, 1995, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions. (1) Design Review Committee meeting of July 31, 1995. (2) Broadband Telecommunications Commission meeting of July 24, 1995. (3) Riverfront and Natural Areas Commission meeting of July 19, 1995. (4) Airport Commission meeting of July 13, 1995. (5) Board of Library Trustees meeting of July 27, 1995, (6) Planning and Zoning Commission meeting of August 17, 1995, Permit Motions as Recommended by the City Clerk, (1) Consider a motion approving a Class "C" Liquor License for Diamond Dave's Taco Company, Inc,, dba Diamond Dave's Taco Company, 201 S, Clinton St., Suite 279. (Renewal) (2) Consider a motion approving a Class "C" Beer Permit for Doc's Standard, Inc., dba Doc's Standard, Inc., 801 S. Riverside Dr. {Renewal) City of iowa City MEMORANDUM To: From: Date: Re: Mayor, City Council and General Public City Clerk August 25, 1995 Addition to the Consent Calendar Item No.3b(7) Minutes of Rules Committee of July 31, 19.95. Agenda Iowa City City Council Regular Council Meeting August 29, 1995 Page 2 (3) (4) Consider a motion approving a Class "C" Beer Permit for FAP Enterprises dba Gasby's, 1310 S. Gilbert St. (Renewal) Consider a motion approving a Class "E" Beer Permit for Nash-Finch Company dba Econofoods//473, 1987 Broadway St. (Renewal) Setting Public Hearings. ~- Z51 (1) CONSIDER A RESOLUTION SETTING A PUBLIC HEARING FOR SEPTEMBER 12, 1995 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF A PRODUCTION WELL IN THE JORDAN AQUIFER AT THE WATER FACILITY SITE, DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Comment: This work involves the construction and test pumping of a Jordan well at the Water Facility site. A 16 inch diameter well will be installed to an estimated depth of ±1600 feet. Estimated wall capacity is 1000 gallons per minute. Finish site grading, placement of the permanent pump and construction of the well house are not included in this work. This work will be financed from Water Revenue Bond proceeds. (2) CONSIDER A RESOLUTION SETTING A PUBLIC HEARING FOR SEPTEMBER 12, 1995 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF GROUND STORAGE RESERVOIR PUMP SYSTEM IMPROVEMENTS PROJECT. Comment: This project involves the renovation of pumps, motors, piping and controls together with other related work at the three 2 million gallon ground storage reservoir/booster stations. This work will improve the City's ability to control pressure and flow throughout the water distribution system. This work will be financed from Water Revenue Bond proceeds. Agenda Iowa City City Council Regular Council Meeting August 29,1995 Page 3 (3) (4) CONSIDER A RESOLUTION SETTING A PUBLIC HEARING FOR SEPTEMBER 12. 1995 ON THE PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR CONSTRUCTION OF THE IOWA RIVER CORRIDOR TRAIL, IOWA MEMORI- AL UNION BRIDGE TO IOWA AVENUE, PROJECT, Comment: This project will extend the Iowa River Corridor Trail from the Iowa Memorial Union Bridge to Iowa Avenue and will include tunneling under the CRANDIC Railroad embankment. The construction cost estimate is ~ 1 58,682, of which up to $111,700 will be funded by Federal Surface Transportation Program Enhancement Funds. The remainder will be funded by the General Fund, Road Use Tax revenues, and possible cost sharing with the University of Iowa. CONSIDER SETTING A PUBLIC HEARING FOR SEP- TEMBER 12 ON AN ORDINANCE AMENDING TITLE 14, CHAPTER 4, "LAND CONTROL AND DEVELOP- MENT," ARTICLE C, "HISTORIC PRESERVATION REGULATIONS," SECTION 3, "HISTORIC PRESERVA- TION COMMISSION," BY INCREASING THE RE- QUIRED NUMBER OF AT LARGE APPOINTMENTS TO THE HISTORIC PRESERVATION COMMISSION, AND BY AMENDING THE PROVISIONS FOR FILLING VACATED, UNEXPIRED TERMS. Comment: The Historic Preservation Commission, at its August 8 meeting, by a vote of 4-0, recommended approval of the proposed amendments. This ordi- nance will be accompanied by a resolution amending the Commission's by-laws with regard to the filling of vacated, unexpired terms as suggested by the Rules Committee. Resolutions. (1) CONSIDER A RESOLUTION APPROVING THE OFFI- CIAL FINANCIAL REPORT FOR CITY STREETS AND · PARKING PROGRAM PROJECT STATUS REPORT FOR THE FISCAL YEAR ENDING JUNE 30, 1995, Comment: The Iowa Department of Transportation requires all municipalities to submit these reports annually on or before September 30. Agenda Iowa City City Council Regular Council Meeting August 29, 1995 Page 4 (2) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A STORMWATER MANAGEMENT EASEMENT AGREE- MENT WITH BUNCriER CO. FOR PROPERTY LOCAT- ED AT HEINZ ROAD AND HIGHWAY 6. Comment: Pursuant to Title 14, Chapter 5, Article H of the Code of Ordinances of the City of Iowa City, Iowa, Buncher Co. submitted a site plan for a develop- ment located at Heinz Road and Highway 6. City staff approved the site plan subject to the property owners entering into a Storm Water Management Easement Agreement. This Resolution authorizes the execution of the Stormwater Management Easement Agreement. Correspondence. (1) Letter from Joy Brown regarding the East Loop bus. Letter from Evelyn Krall regarding Des Moines' scooper law. (3) Letter from Regina Alatalo regarding traffic problems at intersection of Highway 1 and Kitty Lee Road. Applications for City Plaza Use Permits. (1) Application from John Timmers to set up a table on August 24 and 25, 1995, for the purpose of distribut- ing literature regarding the campaign to organize graduate students. {approved) (2) Application from Grace Trifaro to set up a table on September 9, 1995, for the purpose of distributing literature for the Coalition Against the Contract. (approved) (3) Application from Grace Trifaro for permission to set up a table on August 19, 1995, for the purpose of distributing literature regarding pet overpopulation, and also for the use of the stage area for a vigil. (approved) (4) Application from Rebecca Thomas to set up a table on August 26 and September 2, 1 995, for the purpose of distributing information regarding her church. (ap- proved) Agenda Iowa City City Council Regular Council Meeting August 29,' 1995 Page 5 ITEM NO. 4- Applications for Use of Streets and Public Grounds. (1) Dash. (approved) Application from Todd Pentico for the use of public sidewalks on September 8, 1995, for the D.O.C, END OF CONSENT CALENDAR PUI~LIC DISCUSSION (ITEMS NOT ON THE AGENDA). ITEM NO. 5 - PLANNING AND ZONING MATTERS, Consider setting a public hearing for September 12 on an ordinance amending the Zoning Chapter by changing the use regulations on an approximate 2,02 acre tract of land located east of Lakeside Drive and south of Highway 6 from D-RS, Interim Development Single-Family Residential, to RM-12, Low Density, Multi-Family Residential. (REZ95-0012) Comment: At its August 3 meeting, by a vote of 5-2, with Scott and Starr voting no, the Planning and Zoning Commis- sion recommended denial of the requested rezoning. The Commission's recommendation is inconsistent with the staff recommendation to approve the rezoning subject to a condi- tional zoning agreement. At its August 17 meeting, by a vote of 4-2, Gibson and Jakobsen voting no, the Commission approved a motion to reconsider its recommendation, If the commission revises its recommendation, it will be available for the public hearing. Action= Agenda Iowa City City Council Regular Council Meeting August 29, 1995 Page 6 95- ?.54~ c. Public hearing on a resolution to annex a 3.05 acre tract located north of American Legion Road and west of Arlington Drive. (ANN94-0008) /.,.]~ Comment: At its July 18, meeting, by a v.ote of 5-2, with Gibson and Scott voting no, the Planning and Zoning Commis- sion recommended approval of this annexation. The Commis- sion's recommendation is consistent with the staff recommen- dation contained in the staff report dated October 20, 1994 and the staff memoranda dated November 1, 1994 and August 3, 1995. Comments were received at the Council's August 15 public hearing on this item. The public hearing was continued to ,A~.ust 29. Consider a resolution to annex a 3.05 acre tract located north of American Legion Road and west of Arlington Drive. (ANN94-0008) ~ Comment: See item b. Public hearing on an ordinance amending the Zoning Chapter by changing the use regulations of a 3.05 acre tract located noah of American Legion Road and west of Arlington Drive from County RS, Suburban ~esidential, to RS-5, Low Density Single-Family Residential. (REZ94-0013) Comment: At its July 18, meeting, by a vote of 6-1, with Scott voting in the negative, the Planning and Zoning Commis- sion recommended approval of this rezoning. T~e Commis- sion's recommendation is consistent with the staff recommen- dation contained in the staff repo~ dated October 20, 1994 and the staff memoranda dated November 1, 1994 and August 3, 1995. Comments were received at the Council's August 15 public hearing on this item. The public hearing was continued to August 29. Action: ~ ~ #5c page ITEM ~O. 5c. Consider a resolution to annex a 3.05 acre tract located north of American Legion Road and west of Arlington Drive. (ANN94-0008) Horow/ Chair would entertain a motion to approve the resolution. Moved by Baker seconded by Kubby. Discussion. Kubby/ Usually I don't like to support an annexation that's so small, but this is part of the original tract of Windsor Ridge and we should put this back into the project before the whole project is developed and people start viewing this as open space because the original intent was there to be houses on this land. And so we should rectify the process that we've recently gone through to make sure this goes back into the project. Throg/ I guess I'd like to say to that the one property owner objected, opposed annexation fears that his property will become an island fully encircled by the city. But that's not what would happen as a result of this annexation. There'd still be a connection between the county and his property so that objection doesn't go anywhere. Horow/ Anyone else care to make a- Roll call- (ayes). This represents only a reasonably accurate transcription of the lows City council meeting of August 29, 1995. F082995 · Agenda Iowa City City Council Regular Council Meeting August 29, 1995 Page 7 Consider an ordinance amending the Zoning Chapter by changing the use regulations of a 3,05 acre tract located north of American Legion Road and west of Arlington Drive from County RS, Suburban Residential, to RS-5, Low Density Single-Family Residential, (REZ94-0013) (FIRST CONSIDER- ATION) ~/~ Comment: See item d, Public hearing on 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) Comment: At its August 3 meeting, by a vote of 6-1 with Dierks voting no, the Planning and Zoning Commission recommended approval of the requested rezoning, conditioned upon: 1) limitation of building permits to 150 dwelling units until the Abbey Lane sanitary sewer line is upgraded; 2) a provision in the legal papers indicating the homeowner's association's responsibility for snow removal from sidewalks on the private streets; 3) payment of fees in lieu of construct- ing the sidewalk on Rohret Road; and 4) phasing of develop- ment according to the phasing schedule shown on the OPDH plan. The Commission's recommendation is consistent with #5f page 1 ITEM NO. 5f. Public hearing on 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) Horow/ Declare the p.h. open. I would ask you to sign in, state your name and keep your comments to no more than five minutes. Gary Watts/ I'm developer of this piece. I would like to start out tonight and I'd like to give the council if I could, I've got some aerial photos of the area where we're trying to develop and also the surrounding neighborhoods to see what kind of housing's integrated in that area. So I'd like to hand that out to the council. Also I have eight important factors that I'd like you to consider in Mormon Trek Village so I'd like to hand that to the council also if I could. Kubby/ Would you make sure the city clerk gets a copy if you have enough for her? Watts/ I think I have ten of these things. (Refers to handout). I think the first thing I'd like to comment on is our plan today meets the Comp Plan of Iowa City. Our first go around with staff, I think we were around 286 units or so. Currently today, we're 232 and that does meet the Comp Plan of Iowa City. I'd also like to commend staff and P/Z Commission. I think they did a good job with us. We did a lot of negotiation and a lot of thought process went through in the last six to eight months through that process with staff and also P/Z. Number two, the Planned Area Development and City Review Process, this is a 29 acre tract and it also brings to the city where you can plan the whole project down to the garage doors. We have 4-5 different elevation. We have some 12 plexes, 18 plexes, and it does give you a planned area development where you can look at, you know, how the mail boxes are designed in the streets and everything. So I think it's important for the city to see a development that's totally planned out. Number three, proper land use. It's an infilled development. It's between two arterial streets and Highway 218 which eventually will be the Avenue of Saints. Also it's walking distance to two commercial. I believe to the north is the Fareway Center, Braverman Center. And to the south, Moreland has some areas, and First National Bank has a bank and what not. So it's between two commercial areas. It Thisrepresents only a reasonably accurate transcription ofthelowe City council meeting of August 29,1995. F082995 #5f page 2 offers a range of housing styles and prices, entry level to retirement. We've got buildings with elevators in them. Indoor garages. We've got price ranges anywhere from $65,000 to $120,000, so it offers a lot of different types of family situation, empty nesters and retirees housing. Tax base increase. It's amazing to me. The current taxes on the piece of real estate there is $1500 roughly, $1528. Fully developed, approximately $650,000 will come into the city of Iowa City in tax base. Six, the economic effects- construction industry, approximate build out over time is around $30 million in that little piece of real estate. Seven, current city infrastructure expenses. Obviously we all know through a tax base we paid for Weber School. Also we're paying for Rohret Road right now and city bus route, it's right on city bus route. Also the Abbey Lane sewer line I believe is coming up in '97. That's a trunk line sewer that will open up I believe a 5-6 acre watershed west of this site, so I just want to point that out too. And I believe that Abbey Lane sewer is approximately $800,000. And last, I have future water retention west of Mormon Trek. If we do with the city regulation on storm water retention on this site, that will help with future water retention if things develop west of this site. That's all I have and I'd appreciate your vote on this matter. Do you have any questions? Kubby/ The point of these pictures is that this neighborhood has a real diversity of housing currently. That there are single family detached. There are apartment buildings. There are condos, fourplexes. There are duplexes. Is that your message? Watts/ That's true. Yes. Kubby/ I just wanted to make sure I got it. Watts/ Yes. Kubby/ Okay. Horow/ Anybody have any questions? Thank you. Watts/ Thank you. Judy Pfohl/ I'd like everybody in the audience who's against the rezoning to please stand up. And there's people outside, if you can't see them. Okay. I've been the Ty'n Cae representative for three of the past years. We've been working on this for the past year, going through the different This represents only a reasonably accurate transcription of the Iowa City council meeting of August 29, 1995. F082995 #5f page 3 rezoning ideas with P/Z. We have a few things that we'd like to hand up to council at this point. We have some petitions that we'd like to give to the clerk. We also have a letter signed by the pastor of the church that is adjacent to it that we'd like a copy for each of the council members which basically says that they're concerned because they do have a childcare there. That it would be right next to the road where all of this would be exiting. And we have an overhead map of the city. If you could run those around, Barb. An overhead map of the city where we've colored in the RS-5 areas currently and the areas that are higher density. If you look at- We have to have it checked with the clerk. Okay. If you look at the map when you get it, the red zones are the single family. If you notice on Mormon Trek, and you follow it down from Melrose, it's green all the way down. The area that we're trying to change is one of the last areas that's left single family. We also have books that we're handing you and if you notice, we have a density analysis and on the map, there's a map within that too. One is a verbal density analysis describing each of the areas the number of units. Another is a map defining each of the pictures where we have pictures of each of the units. The area from Melrose down to the highway along Mormon Trek has a total of 1,585 non-single family t~nits. That's 87% of it. Total single family units is 238 or 13% of it. We represent the Tae n Cae area which is numbers 13, 14, 15, and 16. Out of that we have 63 single family units, 54 townhouse basically they're rental and 32 condos and then another 18 of off Cambria Court townhouse and condos that exit on Mormon Trek. Kubby/ Judy, are all these areas built out fully? Pfohl/ Those are, the green ones off of Mormon Trek everything is build except up by the Honda dealer there's still a section between New Life Fitness that's zoned. That's planned does not have the units in. And then there's the commercial areas that aren't finished at this point. I'd also have some pictures we'd like to show of the units that are next to the Quik Trip on the corner of Benton and Mormon Trek. You can see that sort of right in the middle of your map. And if you could pass those pictures around, that is an area that was originally presented as single family, as purchase as they came up for sale, they were purchased back. They're now all rentals, almost all rentals. And there's pictures of the parking problem in that area. You'd recognize them as the yellow units right next to the Quik Trip, and you can see the double and triple parking in that area because of it being rental. We've Thisrepresents only aressonably accuratetranscription of thelowa Citycouncil meeting of August 29,1995. F082995 #5f page 4 already handed in petitions. We've handed in a couple hundred petitions. We've handed in the 24% signatures which is signatures of all land, neighbors landowners around it except two home owners who have been out of town and unable to be contacted except the city, because they own part of the land, except the state because of the interstate, and except the Brad Houser's three duplexes which he owns across the street because he's a partner with Mr. Watts, we didn't ask at that, whether he would vote against his partner. But he does own the duplexes there. The density in the booklet I think if you look through that and if you drive through you'll see, we already have density. This is not a question of mixing neighborhoods. We already have a lot of diversity in the area. At this point to add diversity, we need single family. Currently it's RS-5, even though the Comp plan says 2-8, if you consider eight being usually build 65-85% of that land being buildable, that would still only be 186 units. We're looking at 232. We are requesting it to be at the RS-5 which at 65-80% buildable since it has a major gas line through it and the water area, it would 0nly be 94-116 units. Questions narrow streets, we're concerned about the emergency vehicles and other vehicles access. If you notice how dense those parking areas, even though it's technically private road and theoretically has access to vehicles, with that many cars through that much area, and the density of the apartment complexes right at the end, if you have that much cars, you won't be able to get any safety vehicles through there. The other question on parking, if parking's available, if parking is across the streets from the apartment areas, where's the extra parking if somebody has a party, if somebody has visitors, if you're having 12-18, four 12 and 18 plex units, there's not enough extra parking for them to have three, two, four cars based on a unit if it's three four bedroom. And any multilevel building that we found in the area of Iowa City in a similar type zoning, is rented. The majority of small condos in town are rented. If you include Dolan Place, the three duplexes owned by Brad Houser again, those basically, it's all rental area. If you include the yellow condos by Quik Trip. Those are all rental. Again saying that it's initially set up as for individual buying and individual owners for affordable housing, if you look at the statistics and what's happening, those become rental units with high density parking and higher density cars than an individual owner. So it's not affordable property. It's not affordable housing as an issue. The other issues, it's diminished buying power if somebody does go in and buy a duplex because of paying condo fees on top of what they would pay for the unit. If you go in and try to buy something at 90 Thisrepresents only aroa$onably accurate trenscHptlon ofthelowa City council meetingof August 29, 1995. F082995 #5f page 5 to 100,000, 120,000, you're adding another 6-10,000 theoretically in the cost assuming you might have to pay $50- $100 a month because it is all private, private roads. You're going to have to take care of the whole area. The other is in Colorado and other areas, we've heard over time, and this is looking at 20 years, after areas have been set up, large associations have defaulted, have decided why pay the fees and it has deferred back to the city, in which case the city has to maintain the narrow private roads and maintain the other transportation problems which it's not wide enough for buses or any other access through it. The traffic at Mormon Trek, four lanes from Rohret and heading up to Melrose is considered 19-20,000 a day cars. ~o lane from Abbey toward the highway right now is considered 10-11,000 cars per day. There's no plans at this point for widening that. At this point we have almost 8,000 cars on account going through that. Once Rohret is open, it has developed more. It only has currently 3,000 cars this spring before they did the construction. It has 3,000 cars coming out of that. We assume it will go up. If it goes up another 1,000 and we're looking at another 2,000 cars coming out of this area, we're definitely overloading what's supposedly is the main access road from there toward the highway. The other is, if you look at 232 units times just five exits per day, that would be another 1160 exits out onto Mormon Trek, because people don't usually go Rohret and go left. They go, if they're coming off the intersection off of the opposite Hall Drive, they would be coming out Mormon Trek, they would be going down Benton or out to the highway. If they're going to be going to the city, the main part of the city, you're going to add another probably 8 or 900 trips per day of cars down Benton. If this was single family, even at 120 homes, which would be pushing what we would expect, it would only be 600 exits. You'd be cutting it in half for the number of cars coming out affecting Benton and going down a two lane road. At this point there is no date for Rohret Road lights. We've been told some time there will be one. It could not, maybe we will not even get those lights until they've built the first 100 and some units. There's no, there is no date for lights on Rohret and Mormon Trek, even when Rohret is finished being developed. It's not listed at this point. Also again, you have the letter about the daycare and the exit at that point. The exit also is where it goes from four lane to two lane on Mormon Trek where there already are three signs warning you coming from Benton Street heading towards the highway down Mormon Trek. About the road narrowing and about the danger of the curve at the point where all these would be exiting. Miscellaneous, the flooding concern. Again, they are Thisrepresents only orea~onably accuratetranscription ofthelowa City council meeting of August29,1995. F082995 #5f page 6 going to have to do some sort of holding pond which they have in their plan. We need the storm water retention because we're covering something like 500 acres on the other side of, anyway quite a few acres on the other side of the interstate that that water's coming through. Anytime you're doing additional building, you're going to have trouble with water. These are the points you have. We've created the booklets. Hopefully I've spoken for most of the people and covered most of the issues. We've tried to keep it down but I know that some people will still add more issues. Are there any questions? Horow/ No. I would make a comment though that the council has been very concerned about the traffic light at Mormon and that is scheduled to be put in upon completion of that project. Pfohl/ We do have a date, great. Horow/ That's what we're hoping for. Are there any questions? Pfohl/ Any more questions to me? Kubby/ It wasn't really on the completion of the road. It was going to be spring or fall. So within the year. Horow/ Yeah. Within the year. Pfohl/ So it will be when, can be putting it in. right now. as they're doing the construction they Because they're putting the gravel on Kubby/ That would it seems to me to make the most sense. But money and timing don't always make. Horow/ Any other questions for Judy? Thank you. Richard Carey/ Walden Court. I'm a spokesperson for the 26 units on Walden Court. This is an association. It's a group of duplexes and it's located on the north side of Rohret Road. The 26 homeowners in the Walden Court Association want to protest the density of this complex, especially the multi-unit complexes which I will call apartments. Over the past four years, I have spoken at about ten P/Z meetings regarding problems with the southwest part of Iowa city. I've spoken to many staff members. I've spoken to some past and present members of the city council. It's been my observation that the city has a policy of let the home buyer beware. When the city staff and other people are asked about water runoff from adjoining Thisrepresents only areasonably accuratetranscription ofthelowa City council meeting of August 29,1995. F082995 #5f page 7 properties, they say file a law suit. When they pass a grading ordinance and it doesn't apply to areas that are known to flood, they say that it's too bad. They require too few parking spaces per unit. Anyone that's known that many of these units are going to be occupied by many cars. They encourage apartment units in the middle of an area that has a lot of single family and duplex units. If you look at the surrounding units that immediately surround this, they're single family and they're duplex. There aren't any apartments that immediately surround the area. Mormon Trek village is a good example of the policy of Let the Homeowner Beware. This applies not only to the home buyers in the surrounding areas but the home buyers that will be in Mormon Trek Village. There's not enough parking around the apartments. these units will be purchased by investors and rented out for $500-$800 per unit. Only multi-person groups of five or more will be able to afford to use them. They'll have many cars. This is what happened to the yellow condos on Quik Trip. They were all sold individually and now they're owned by investors and rented out. The apartments don't fit in with the surrounding single family homes, the church and duplex. The three story units which are much taller. They're much more massive. There aren't any natural boundaries like trees in in the area and it will take fifty years to get the trees. Other problems like traffic, possible flooding of Abbey Lane which has happened in the past and will get worse because this units taking up the absorbency of the land. Narrow roads known to cause danger. In summary we protest the density of the apartments. And if you pass this you're sending the message to the people of Iowa City, let the home buyer beware. Horow/ Any questions? Thank you. Kubby/ Thank you, Richard. Horow/ Anyone else care Go address council? Bob Livingston/ One of the things that I'm very much concerned about and wondering if the developer has ever done any study on the increase of crime and multi-housing units like this with the high density. If no study has been done on this, then I believe it should be done. This will put an extra strain on the police force which is a public agency. There will be more tax dollars paid because of all of those things. I've been also, I've been concerned that if this development has private streets, does that mean that the owners of the property own the streets? And if it does, then they can limit the access of This represents only a reasonably accurate transcription of the Iowa City council meeting of August 29, 1995. F082995 #5f page 8 police and fire fighting equipment should they so desire in case violence erupts in that particular area. Will the police need special permission to come on private roads? Horow/ Mr. Livingston, that was a good question but I'd like to have it answered right now by our attorney. Woito/ No. They can't limit, they have to provide public access for public safety purposes to police and fire. And you asked the first question, are they privately owned. In they're in the homeowners association, they're owned by the whole property owners, not individually. They each own 1/100 or whatever. Livingston/ All right. But if the association decides that they will not allow police on to their private property then the police are going to have to have a search warrant even to drive through the street to police it. Is that correct? Woito/ No, that's not correct. Kubby/ Will there be a public easement? Woito/ There will be a public easement that requires public access. Otherwise we have a serious problem with the health and safety of the residents. Kubby/ So it's not just a matter of safety personal, but I could drive or bike or walk down that street. Woito/ Of course. Kubby/ Because it's a public easement. Woito/ It's not a closed community as you're seeing in some other states in the nation like California, Florida, and on the East Coast. It's not a closed community. Iowa City has not yet gone for any closed communities. Livingston/ What is our guarantee that that is true? Woito/ The legal papers. Livingston/ And the legal papers state that that will not in any way at any time in the future be a closed community? Woito/ Yes. They will be recorded in the Recorder's Office. Thisrepresents only a reasonably accuratetrans=lptlon ofthelowa City councilmeeting of August 29,1995. F082995 #5f page 9 Livingston/ Okay. The other question that I had was, had to do with the same thing along with private streets. What about access to fire vehicles, and so on, if the roads are narrow and all the access is blocked by extra cars that are in there? This is one of the great concerns that we have, because we're right next to this particular property. Woito/ I think probably Karin Franklin would be a better one to address that in terms of the Fire Marshall's review of it. Livingston/ Okay. But I believe that our main concern is the increase in crime in that area. And violence. Statistically, I don't have any, I should say, I don't have any statistics to prove that high density areas are more open to crime and violence, but if we look around Iowa City and see some of the different areas where I have friends living in apartment buildings from the different stories that they relate to me, they're afraid to walk out at night because of the people who are living in those areas and getting together in gangs and so on. And I believe this will be a very huge detriment to west, southwestern Iowa City and to us personally and to the whole neighborhood. Therefore I'm very concerned about the crime. And I believe some study needs to be done before any permission is given to go ahead with this project, not just in a small city like Iowa City, but also in some of the high density areas even in some of the larger cities. Because we know from the newspapers and television if we can ever believe them that these gangs are coming in from other parts of the states, other parts of the United States, to take up residence in these high density areas. And that's a very great concern on all of our parts that this could happen to our area. Horow/ Thank you. Ms. Franklin, would you please address the issue of the width of the streets and the fire safety? Franklin/ The entire project, as is routine procedure, was reviewed by the Fire Marshall and streets have been approved for access by fire vehicles. Horow/ Anyone else who cares to address council? Larry Svoboda/ I thought I'd just stop down and listen tonight, but after listening to the last two or three speakers, I thought I felt compelled to say something about this project. I had an opportunity to take a look at this project a year or two ago and I went out and stood on a hill there for about half an hour and I decided that I didn't think I would have any Thlsrepresents only areasonablyaccurate transcription ofthelowa City council meeting of August29, 1995, F082995 #5f Todd page 10 interest in doing anything in this project. And one of the reasons that I felt that way was because 1-380 right behind the project and the noise that the cars and the traffic creates going up and down the interstate 24 hours a day. I'll try to make my point brief. I've seen some of the drawing that Mr. Watts has put together on this project, and I don't think you're ever going to get a better opportunity to put a better project together in that neighborhood than what he's proposed. It's in my opinion, it's no way is a single family neighborhood because of the noise problem and I think that the idea that he's putting the apartment units along back edge of the project is going to help screen the interstate and also act as a great traffic buffer. Quite frankly my opinion of the neighborhood is that it should be anything from light manufacturing to whatever because it's not suited in my opinion for single family housing. So I think with the aesthetic buildings that Gary has put together on this project, incidentally, I have no vested interest in this thing one way or another. I think you've got the best deal you're ever going to get laid before you as far as that little triangular piece of ground goes and I think that's something you really ought to strongly consider approving. Thank you. Janus/ I also oppose the current zoning change for this development but for different reasons. The entire site has not been properly evaluated for wetland sites according to Tim Thompson who I talked with, who is wildlife biologist with the DNR. The last soil evaluation of this area was performed before the US 218 four lane extension was built. He states that on those surveys, there may be soils that would qualify under the wetland provisions of the DNR and the Corps of Engineers. And he specifically mentioned Coli-ealy Complex Wetland soils in this. If this were true, then this needs to be evaluated for the possibility of wetlands. He suggested that I request an application 41-404 wetland application be requested to be filed by the city planning department regarding this. He further indicated that as a private citizen, I could request this to be done and completed before any construction was performed. There are several areas in this tract of land including the stream on the south end of the property bordering the Korean Baptist Church which I think in fact are wetlands. Before any further development of this property is done, I request that the property be cleared from the wetland standpoint. Giving the pending city council actions on environmentally delicate locations around the area, I respectfully suggest that at least a vote on this zoning change be delayed until this considered legislation is This represents only a reasonably accurate ttanscrlptlon of the Iowa City council meeting of August 29, 1995, F082995 #5f page 11 completed. I think it would be unfortunate that this development would destroy precious wetlands within the city boundaries. In addition I think that this area should be developed at the current R-5 value as single lot affordable housing. Indeed, the current proposal's developer's engineers in my opinion admitted at the last P/Z committee meeting that houses qualifying under RS-5 could be built for approximately $95,000 per unit at five per acre. Thank you very much for your attention. I'll be happy to answer any questions. Baker/ Mr. Janus, have you brought this issue to the attention of the planning staff or is it just recent work? Janus/ I just contacted Mr. Thompson last Tuesday, a week ago today. Then I talked with him later this afternoon just to make sure that number one, I had his permission to bring these comments forward. And number two that I had my facts correct according to what he had indicated. Baker/ It's just very hard to respond to that short notice like this. Thank you. Kubby/ Karin, do you know if this area is delineated on our sensitive areas map? Although we know that some areas on there after field inspection may need to be added and deleted. Franklin/ We have done an analysis since the analysis Mr. Janus refers to which is evidenced in the map that's hanging on the wall there which looks at all of the soils and the potential for wetlands. There are no potential wetlands that are shown on this particular site. Now there may be some soil types, I think Mr. Thompson said they could be indicative of wetlands in the drainage area which is south of the project where the storm water detention would be. But we show no potential wetlands on our sensitive areas map, and that was done by a consulting engineer. Kubby/ When did our technical advisory committee that looks at environmentally sensitive areas do a field inspections to verify that there were no wetlands? or didn't we do that because it wasn't indicated? Franklin/ We didn't do it because it's not indicated that there's an environmentally sensitive feature on the map. Kubby/ Is that something that we could do in a two week time frame to have so those people from that community could go just to Thisrepresents only areasonably accurate transcription ofthslowa City council meeting of August 29, 1995. F082995 #5f page 12 verify that the map is correct? Franklin/ I think we probably could, yeah. Kubby/ Would people object to that happening? It's important to follow through on those kind of comments because they have a commitment to (can't hear) that are deemed wetlands. Janus/ My response to that is, why was this information withheld and not communicated to the state DNR people if an interim soil analysis sample was performed in this area? Franklin/ It was not withheld from the DNR. Tim Thompson is very aware of our sensitive areas research. So I can't answer the question of what exactly he said and why. Janus/ I told you exactly what he said to me and why and I'd just request once again that a form 401-44 be submitted so that this can be approved by the Iowa State DNR as well as possibly the Corps of Engineers before any further construction is done. I think that it is possible that there are some vested interests within the planning department and that therefore they've made decisions unilaterally without consulting the appropriate people involved. Thank you. Horow/ I think that what we will do is take the ad hoc committee that we've already constituted to look into this situaiton and upon their recommendation go further if necessary or it not (can't hear). Janus/ Thank you. I appreciate it. Franklin/ On behalf of my staff, there's no vested interest in this project. Horow/ And none was intended. Kubby/ I guess to be clear what our protocol is, what we traditionally do is we look to see on the map if an area that someone wants to develop is a sensitive area. We have our technical advisory committee do field inspection and then, especially for wetlands, then if they say there are wetlands, then the next step is then to have the Corps verify and exactly delineate where the wetlands appear. Is that correct, Karin? She's nodding yes. (Can't hear) about protocol. Horow/ Would you care to address council? Thisrepresents onlyareasonably accuratetranscription ofthelowa City councilmeeting of August29,1995. F082995 #5f page 13 Larry Schnittjer/ MMS Consultants. We've done part of the design work on this. It's been a team project from day 1. There's been a lot of discussion on the difference between the streets in the project and the streets in the rest of the city, the public streets. The real difference between this project and the public streets is this does not have a public right of way over the top of the street. There are many streets in this community that are 25 feet wide and narrower in areas all over town. Friendship Street is one of the longest streets in town and it's 25 foot for a good portion of its distance. And a lot of the streets in the southeast part of Iowa City in the Plum Grove area are 25 feet wide and various other areas. Mr. Jameson made some comment that I'd said we could get houses out there for 95,000. I do not recall that. I don't think it's possible to put single family houses on the lots out there for that, because by the time we put the improvements in or a subdivided lot, it's just not possible. Last night's work session, Mr. Throgmorton asked what the cost differential was for twenty foot street versus a 25 foot street. That cost differential is really insignificant compared to the cost of the development. The actual cost is about $6 a lineal foot for the pavement which if we were doing subdivided lots would be $180-300 per lot when you include the corner lots and etc. We are now seeing development costs for residential properties ranging from $50,000-$80,000 per acre, so this street improvement cost is minuscule. Are there any other questions that I may help you with? On the wetland issue, if there is a wetland there, and if it works out that there's no problem converting our storm water basin to an enhanced wetland facility, I don't think there will be any problem with the whole project. Thorg/ Thanks for looking into teh development costs. Horow/ Anyone else care to address council? Casey Cook/ I live at ~1 Oak Park Court. It's on the west side of Iowa City. I'm a former member of the P/Z Commission. I've got a terrible cold. As a former member of the P/Z Commission, the neighbors concerns are very familiar to me. They worry about the safety of their children and worry about too much traffic. And they worry about too much traffic. And they worry about losing value in their homes. I'm not here to challenge them, but to respectfully offer another viewpoint. I recently served on the Vision 2000 Project. I was on the on the land use subcommittee. At that time we questioned whether our work would be taken seriously by the council. I'm here this Thisrepresents only areasonablysccurate transcription ofthelowa City council meefingofAugust 29,1995. F082995 #5f page 14 evening. I'm here this evening because of that concern. The group that I was part of, there were nine of us on the group. They included Michael Bryer, who was a student; John Casko, Judy Champ who you may know from her involvement in the Melrose road widening; myself; Steve Draw who is a father of two, he's in the real estate business; Nancy Ostrogny; Douglas Russell, Doug Russell is the chair of the Historic Preservation Commission; Bob Saunders who is the chair of the Johnson County P/Z Commission; and Dee Vanderhoef who is the chair of the Parks and Recreation CHANGE TAPE TO REEL 95-102 SIDE 2 These are folks of different perspectives, different parts of town, different concerns. We hammered out a consensus about how we felt we'd like the city look. And I quote, a well planned neighborhood welcomes all people and includes both owner occupied and rentals, single family and multi-family housing. And the goals that we outlined include to ensure that an appropriate supply of adequate, accessible, and affordable housing is available for all, that the city take an active role to ensure diversity of housing types in future growth areas. And that the city develop planned neighborhoods that support the principal of diversity of both housing types and households, and provide opportunities for interactions among neighbors. We were one of nine task forces involved in the Vision 2000 statement. Each one of those task forces had nine people on them. The second task force to focus more specifically on housing was the Housing Task Force. It included Paula Brandt, Robert Carlson, Jason Chen, carolyn Corbin, Susan Dulek, Charles Eastham, Mark Kamps, Eddie Kelly, and Eric Neilhausen. They went through pretty much the same process we did from very different perspectives and their consensus was as follows: A well planned neighborhood, I already read their consensus. What I didn't read was our consensus. Future growth and development of the community should be guided and managed to create a city which is accessible to all, humane, inclusive, diverse in land uses, employment, and housing opportunities. It was also decided that affordable housing is for those who making 65% or less of the median family income. In Iowa City that's about $30,000, which translates into housing for under $90,000. Our median home currently is about $110,000. It costs 30% per unit more to develop single family houses at three units per acre than it costs to build at ten units per acre. Density and affordability are closely related. It's naive and misleading This represents only a reasonably accurate transcription of the Iowa City council meeting of August 29, 1995. F082995 #5f page 15 to say affordable housing is okay as long as it's single family. To find out who suffers from the lack of housing under $90,000, ask who in Iowa City makes less than $30,000. The people who make less than $30,000 are the ones who work in our stores. They're the ones who fix our cars, they're the ones who serve our meals, and they're the ones who care for our children. Communities which exclude these people are called drawbridge towns. The drawbridge community is a community attitude that says, we've got ours and shuts out newcomers. It's supported by absurd laws imposed on the state level which require a supermajority for zoning change. In effect it allows half a dozen land owners to thwart an entire city. Can you imagine requiring an 85% majority to pass a school bond issue? I talked about people who make less than $30,000. I think we'll also find our own children and our own parents among that group. And if we look closer, I think we'll find ourselves. We'll find ourselves when we were 25 years old and we just landed our first job and we wanted to find a place to live in the community where we worked. I think we'd find ourselves five years after retirement or our health started to go. And I think we'd find ourselves if we lost our spouse either through death our marriage broke up. So I think there are voices that aren't here tonight. They include the 80 plus people who developed the Vision 2000 and asked to be taken seriously. They include us. They include us as we were and as we will become. We are a city with a pro-active responsibility to create a community rich, and I'm quoting now, from a consensus of these groups in the Vision plan. Quote, we'll be an inclusive a~cessible and safe community to all its citizens, embracing persons with disabilities and all races, cultures, lifestyles, ages, and socio-economic groups. You can find that quote on the first page of the Vision 2000 report. We put it in there because we believe it. You'll be supporting that vision by supporting your staff and supporting your P/Z commission and I urge you to vote in favor of this subdivision. Horow/ Thank you. Throg/ Casey, are you going to give us a copy of that statement? Cook/ Sure. Barb Standish/ I live on Abbey Lane. I have the quick 60 second question. Why are we discussing the rezoning of a current zoned property? And that's my question. Thisrepresents only a reasonably accuratetranscrlptlon ofthelowa City council meetlngof August29,1995. F082995 #5f page 16 Horow/ Because the developer who has come has asked for it to be rezoned. That is their right. Standish/ I appreciate that. The reason the folks are here tonight is that we're not opposed to developing. We're not. It's just keep it at what it's zoned at. That's all I have to say. Thank you. Doug Eltoft/ I live on Burry Drive. I have to say, I lived in this area for some years and the people there support this concept of diversity and they like the housing. We're not against the development per se. I think it is not a good characterization of us to say that we are against the plan that Project 2000 and the statements that it made. We support those dramatically. What we feel, what I personally feel is that if there were some changes made to this that would affect things like street width, the fact that the sidewalks are right up against the street, the fact that that will affect the standard of living for people in this co~tunity that choose to live there, everything from school bus access to getting your mail at the end of the subdivision to having on street parking for visitors. What I'd like to see when approve this type of plan, it's really nice housing but get the streets wider, get the access in there, what the density comes out to be, fine, you know, I'm not opposed to the apartment houses. I'm not opposed to the types of really good looking buildings that he wants to put in there. We have a community that was put in by Moreland behind New Life, looks really nice. But they have wide streets. They have parkways. They can plant trees. It's going to be a much nicer looking area if it's developed with wider streets and parkways. I'd like to see the density be what it ends up to be with those improvements. So I would urge you to vote this down and say look what density can we have in there when we have those wider streets. Also one other thing. I'd like to see a sidewalk along Mormon Trek. I feel paying a fee to not put that sidewalk in, is just not a good idea. I don't know how you can alter the plan if you have the option to. Horow/ Excuse me but the fee that is being paid is for the city to complete the sidewalk on Rohret. The developer does have to put the sidewalk in on Mormon. Eltoft/ Okay. I misunderstood that. Horow/ Thank you. Thisrepresents only areasonebly accuratetranscription ofthelowa Citycouncil meeting of August 29,1995. F082995 #5f page 17 Wendy Molof/ Cae Drive. I also oppose this but sort of just second what already has been said, that I think that when you address this area as being affordable, the other word that continues to go along with that is accessible. And I think that when you look at 25 foot private streets, that you are not talking about city bus or school buses and when you are talking about addressing the people who are looking into this affordable housing, they may not be the people who have the two cars. They may not, they are going to have younger that don't have good accessibility to get up to the bus stops that probably will be up on Rohret Road. That's quite a hill that comes up from the bottom of this development up to Mormon Trek. When you start to look at the people who would fit into affordable housing, I think you have to address the need that this is not acceptable housing when you have private streets. Horow/ Are there some other people who like to address this because at this point-Okay. Jong Koo Lee/ Pastor of All Nations Baptist church. I'm one of opposed to rezoning. I would like to cite two reasons why I'm opposed to the proposed rezoning. Well the first reason why I oppose rezoning the land is for security reasons. As everybody knows, we are running a preschool and Mormon Trek Road, there are four lanes and then it changes into two lanes and right now we have traffic problems, but if they develop the area as high density multifamily housing, dramatically increase the traffic volume and you would create problems. And I think it is important for the city council to look far ahead in taking action. If it is certain or probable that problems will arise as a result of something, I think it is better to prevent problems than try to solve them when those problems arise. I've been to Paris and Paris is well know for good city planning. It was planned at least 100 years ahead. I mean the mayor of the city looked at least 100 years ahead and tell himself, choose sewage system, the streets are very wide. And when it was developed, many citizens protested. But he had a vision. He looked ahead. He looked ahead to the problems which others could not see. And at the moment for practical reasons and safety reasons, it's almost certain that many problems will arise. I think it is wise not to allow the development of high density multi-family housing at this moment. And I have a question on one of the four conditions. Number one, limitation of building permits to 150 dwelling units until the Abbey Lane sanitary sewer line is upgraded. I think something is wrong with this condition, because until Abbey Lane sewer is upgraded no more than 150 dwelling units can be built. This represents only a reasonably accurate trenscripfion of the Iowa City council meeting of August 29, 1995. F082995 #5f page 18 Horow/ The existing sanitary sewer can take the 150 increased number. It just can't take more than. Lee/ Right, but if we translate this sentence literally, many people can argue that this sentence will suggest that more housing units can be developed after. Horow/ That's exactly why it's in there. Throg/ Another 82 units. Lee/ Yeah. So I think while something seems to be wrong condition one. If you read it carefully, until the sanitary sewer line is upgraded, 150 dwelling units willo Horow/ Right. Lee/ Be limited. And then after that it can be, more housing units can be built. Horow/ Yes. Lee/ So. Nov/ 232. It's not unlimited. Horow/ There is a specific number for this particular parcel, and after the sewer line is upgraded, there can be up to, how may? Nov/ I say it's 232. Horow/ Okay. So there is a total that can be put in, only now can they put 150, giving the existing sanitary sewer line. After that is upgraded, they put more in, up to 232. Lee/ So when they, when the zoning commission examined their request, it seems like they didn't take traffic volume and other issues into account. That's one of my major concerns. Thanks. Horow/ Thank you very much. Pigott/ Thank you. Horow/ Is there anyone else who would like to address council? This represents only areasonebly accurMetranscrlptlon ofthelowa City council meeting of August 29,1995. F082995 #5f page 19 Sharon MacDonald/ Walden Woods Neighborhood Association. I have a whole bunch of things to say, but I know that you guys are getting tired so I'm going to try to keep it short. Horow/ You've got five minutes just like everybody else, Karen, go right ahead. MacDonald/ I have the feeling that sometimes we're talking we're talking about apples and oranges here. We are talking about affordable family housing and our commitment to that. I don't think anybody in this room is against affordable, accessible family housing. I think everybody in this room is tricking themselves if they think that Mr. Watts is wanting to provide this I think what he wants to do is make some money. And I think the way to make money is to put as many units as possible on this property. We are in an area that is incredibly heavily already. Everybody in my neighborhood is panicked about this. One of the exit points from this developments is going to go right in to our development and we're positive that cars are going to come whipping through Walden Woods as people try to avoid the intersection either with or without a light, because right now people whip through Walden Woods to avoid Rohret Road's intersection with Mormon Trek. So I don't think that we should, if the city wants to do affordable family housing, we start some kind of a loan process. We should do some sort of low interest financing. But that's a separate issue, I think, from developing land. Mr. Watts is not a social worker. He's a developer. And I think we need to keep that very clear in our minds that his primary motivation has got to be financial. I haven't heard him say anything else and I can't imagine that it would be. We're all here asking for your help. This is the second time around for us. The first time he proposed 300 units. Now it's gone down to 232. Most of us would like to see it hover somewhere around 100, because we feel that would be an acceptable number. If you drive there, if you look at those pictures, you're going to see it's a teeny, tiny little piece of land. It just doesn't look like 232 units could go in there. And on a more personal note. I've lived in these units that are supposed to be affordable family housing. I spent six years in the infamous yellow townhouses beside QT on Mormon Trek while we saved money to buy our first house. I can tell you it's not affordable family housing. It's cheap, crummy units, poorly made that cost $675 a month for a two bedroom. We were one of the only families that ever lived there for a long period of time. We were there for six years. The rest of the occupants are students and they add more students. Every time rent went Thisrepresents only areasonebly accurate ~anscrlptlon ofthelowa City councilnmetlng of August29,1995. F082995 #5f pag~ 20 up, they move another student in, so you have 6-7 people living in each unit. For them it's affordable. It's $100 apiece. My kids don't pay me any rent, so it was hard for us. Buying a house for $120,000 only upped payments by you know, like $250. So for us it was very affordable. We're not in this high income bracket. We're regular Iowa City people. We were able to save. We were able to scrape and we made it. I think it's possible to do. We live in a house that was made by Bishop Ward. We felt it was made well. It's not real creative. It's a very simple house plan. It's a very simple house. But it's perfect for our needs. It's 1,800 sq. ft. Some of these units that Mr. Watts is going to build are a little bit bigger than our garages. I think we need to think about quality of life. People, sure they might jump at the chance of buying a $65,000 apartment, but how are they ever going to re-sell it? Do you want to buy somebody's old hovel? No. You'll just buy a new one of your own. It's not going to work out the way we're thinking. It's not as glamorous or grandiose plan as being proposed. It's a simple business plan and I don't think it's fair to the neighborhood. You have a ton of people here begging you to stop it and we're going to come every time. He's rich and powerful and we're stubborn. The more times he proposes it, the more times we'll be back. I don't think it's ever going to go away unless we can get some kind of an understanding that we're not opposed to this vision. We're not opposed to the 2000 plan. We're not opposed to integrated, diverse accessible, affordable housing. I like to I know be able to afford my house. It was great. So no one's opposed to that. But we are opposed to just weird dinghy little places. They're going to awful in 5-10 years. Horow/ Thank you. Nov/ I have to comment on that. I hope everyone would understand that when we are dealing with a plan that must be approved by this council, we will not approve something awful, dinghy. Please give us credit for a little better sense. Horow/ Anyone else care to address council? If not, I'd like to ask Mr. Davidson to step up to the mic. There have been comments about the width of the street, the accessibility, buses, school buses. Because I live in a part of town where there are 25 foot streets, I'm a little bit baffled as to the concern about accessibility here. Mr. Davidson, would you comment on this? Davidson/ The issue of the street width is one that we have taken This represents only a reasonably accurate tronscrlptlon of the Iowa City council meeting of August 29, 1995. F082995 ~5f page 21 very seriously because we are starting to see more and more development projects where there is an interest in essentially recreating something that as one of the previous speakers said, exists all over Iowa City, exists in some places with on street parking which we would not necessarily recommend but in fact it happens. In fact it does work. It does have some spin off effects of slowing traffic down if there is on-street parking that we feel are positive aspects and are the things that we find in some of our older neighborhoods in Iowa City that are considered very valuable places to live. Horow/ And the buses are able to get through? Davidson/ Yes. Buses, we do have 25 foot streets, Friendship Street is a bus route. I'm sure you might have people on Friendship Street that would indicate they didn't feel it was the most positive situation but a bus can physically do it. Now we do not initially or ever possibly see a bus going through this development. We feel that with the bus stopping right across the street, the existing route will provide access to this development. Nov/ Buses could fit. We would like to have a bus within a half mile or something like that for accessibility? We're not looking for buses on every corner. Davidson/ No. We do feel that with the mix of units in this development as it is proposed, that we would get some fairly decent transit ridership possibly out of it. We have a lot of people who live in this area who work at University Hospitals who consider that a real nice bus trip because its almost as fast as driving a car and parking in the University facility because you don't have to go clear across the river to downtown. So we think that it has the potential for some pretty good transit ridership out of this area. Horow/ Thank you very much. Kubby/ I had a question for Gary. It's about the elevations. Horow/ Mr. Watts, would you please come up to the mic? Kubby/ And there's some things I really appreciated about the different elevations, that there's different styles of housing. It's not one model that's just slightly modified. There are real significant differences. But one of the things that we talk about a lot is the prominence of the garages. It Thisrepresents only areasonebly accurate transcription ofthelowa City council meetlngofAugust29,1995. F082995 #Sf page 22 just kind of perpetuates the value that cars are one of the most important things in our lives and it's kind of shown in the facade of the building is largely garage in some of these. And was there any attempt to put garages on the side or in the back or did you look at any other plans? I mean that's one of the my major concerns about the design of the building is the frontage. Watts/ Well first of all, we did look at trying to come around from the side but the slope of the land and what not is very difficult to make that work. We did look at that. On some of garages we left on some of them, one huge garage door. And we did split those up right down the middle to make two separate ones. It should be reflected I think, Karen, on our ranch plan. Obviously on our 18 plex plan in which, I don't know if you have in your packets. If you don't, I do have a large copy here. That does have underground parking. So if you don't mind, I'd like to show you that. Pigott/ Sure. Nov/ I think this probably. Watts/ This is 18 units all brick. I'd be glad to turn this around too after the council sees it. But I think it's a very appealing building and then all the parking, Karen, you go around to the back and then enter into your parking. It has two garages doors and you go underground basically. It's not really underground but it's the first level. As far as. Kubby/ You have to wait to speak into the mic, Gary. Watts/ Yes. As far as our other garages, what we tried to do in our two story plan, if I could show you that briefly. We did adjust this, Karen, and we had a two story plan here that shows a lot more bases up through the two story too. And with the balconies here and windows, it takes that emphasis away. And then we added windows to the garages. So we tried to deemphasize the garages through P/Z and some comments that were made. Then on our ranches, what we did instead of one large garage door, we ended up putting in two with brick down the middle to break that up. So those concerns were voiced to us and we did address that through P/Z commission. Kubby/ It's helpful to know where you began and where you ended. Horow/ Anything else? Thisrepresents only ersasonebly accurate Banscrlpfion of thelowa Ci~ council meeting of August 29,1995. F082995 #5f page 23 Kubby/ One more question for Jeff. I keep getting you up and down. Sorry. I apologize. I go down that way once in a while but where exactly does Mormon Trek begin and end with two lanes, because it seems like it's four lanes on one end and it's four lanes on the other end, and there's a stretch. Davidson/ Yeah. From approximately the Abbey Lane/ Korean Church area it tapers to two lanes. This was something that was at the time the new freeway was put through, I believe there was even a court case over it that actually resulted in the design of the road being that way. That's why it's two lanes and the rest of the street's four lanes. And then I believe it remains two lane until you get to the intersection of Highway 1. Kubby/ It's just so wide, it feels. But it is two lane. Davidson/ It is two lane. Yeah. Horow/ Is there anyone else who cares to address council? Is there any correspondence to be accepted? The chair would entertain a motion to so do. Moved by Pigott, seconded by Nov. Any discussion. All those in favor signify by saying aye (ayes). Kubby/ Is there any value in continuing the public hearing because there's so much interest in it as an issue? Items of discussion that we might potentially find to be- Throg/ What would we be likely to hear two weeks along probably? Horow/ The report from the ad hoc. Kubby/ And if we wanted to make a condition about the wetlands if they were to be delineated, it might be within the zoning conditions that we would want to place as we've done with other developments. That's kind of our protocol for dealing with just that. I guess I want to keep that option open so that we can confirm that before we close the p.h. Horow/ Would council be interested in leaving the p.h. open if you also took first consideration next week? Kubby/ That's what I would suggest. Nov/ If we'd do first consideration next time I would consider the hearing. Horow/ Would someone care to make a motion? Thisrepresents only ereasonably accuratetranscription ofthelowa CIW council meeting of August2g, lgg5. FO82995 #Sf page 24 Kubby/ I move to continue the p.h. to September 12. Horow/ And also to have first consideration. Kubby/ Yeah. I don't need to move that. Horow/ Is there a second? Made by Kubby, seconded by Throg. Any discussion? Does this, Mr. Watts, does this place undo difficulty on plans that you have? All those in favor, signify by saying aye (ayes) P.h. continued to September 12. Throg/ can we discuss some of what we heard? Would it be appropriate to do that now and think about it? Horow/ Why not later? Throg/ I want to. Horow/ Oh. All right4 Throg/ So I guess I'll ask my question. I've got to say, I disagree pretty fundamentally with some of the characterizations I've heard with regard to some of the staff, with regard to Gary Watts who I do not know well at all, with regard to the likely occupants of the proposed development. Whether we approve it or not, first of all, I'm pretty confident from a few conversations with gary Watts, that he doesn't feel rich and powerful. He has I assume a fair amount of money. I have no idea because I have never talked to him about this, but he surely does not feel powerful. I guarantee that. He feels like this project is likely to go the drain and he's just spent a lot of money trying to get it approved. So that's one thing. And to talk about dinghy and crummy units and that are going to occur five years from now, I just don't agree with that at all. I think it's likely that they would be pretty good units and the important thing is that they might be affordable units as well which people need in this town. Another thing, a quote that I wrote down, it said "high density areas are more open to crime and violence." That implies that the occupants of this development are going to be crime prone, violence prone. I don't see any reason to believe that is the case at all. I don't know how we could know that just because we might live in a 24 unit apartment and even 24 units in a condo. So, I just disagree with some of the characterization I have geard this evening. Horow/ The p.h. has been closed. We move onto to item g. This represents only a reasonably accurate transcription of the Iowa City council meeting of August 29, 1995. F082995 Agenda Iowa City City Council Regular Council Meeting August 29, 1995 Page 8 Public hearing on an amendment to City Code Title 14, Chapter 6, Article V, "Minor Modification Procedures," to allow parking for persons with disabilities in the front yard of a commercial zone ~mm~when located adjacent to a residential zone. Comment: At its August 3 meeting, by a vote of 5-2 with Jakobsen and Scott voting no, the Planning and Zoning Commission recommended approval of the requested text amendment, The Commission's recommendation is consistent with the staff recommendation contained in the staff memo- randum dated August 3, Action: ~ ~./ Consider an ordinance amending the Zoning Chapter by changing the use regulations of an approximate 250 acre property located north of 1-80 and west of N. Dubuque Street from County A1, Rural, RS, Suburban, and RS3, Suburban Residential, to P, Public. (REZ94-0018) (Second consider- ation) ~ ~ Comment: At its July 6 meeting, by a vote of 6-0, the Planning and Zoning Commission recommended approval of this rezoning. The Commission's recommendation is consis- tent with the staff recommendation contained in the January 19 staff report. No comments were received at the Council's August 1 public hearing on this item. #5g page 1 ITEM NO. 5g. Public hearing on an amendment to City Code Title 14, Chapter 6, Article V, "Minor Modification Procedures," to allow parking for persons with disabilities in the front yard of a commercial zone even when located adjacent to a residential zone. Horow/ Declare the p.h. open. I would ask you to sign in, state your name and keep your comments to at least less than five minutes or there abouts. Lyone Fein/ I am wondering if there is information available about why or what objections Jacobson and Scott had to this. Horow/ Karin- Larry has been to so many P/Z meetings. Larry, do you remember? Larry Schnittjer/ (Can't hear in the audience). Franklin/ I think the concern was that there might be a proliferation of this. But I think they were also concerned about a particular instance which was an impetus for this, a property which compelled us to bring this even before the council and they looked at that particular property and also I know one of the things that they were concerned about was the ability to enforce it which is a reality. These would be spaces on private property and so it would require the complaint of the property owner, I believe, unless there is some special reason because they are persons with disabilities that we could enforce it on private property. Woito/ I can't answer that right now. Franklin/ That the painting on the space that indicates that it is for a person with a disability would wear off over time, that the sign would be not visible. They just didn't like it. Nov/ We do have those kids of designations on private parking lots. How do we enforce those? Franklin/ Parking lots, now, usually by complaint to the property owner which would probably be compelled by a person who couldn't find a parking space that was their customer usually in a commercial zone. Kubby/ For example, at Eoonofoods, if a police officer doesn't regularly go through that lot to look for that kind of thing. That could be a complaint basis. This represents only a reasonably accurate transcription of the Iowa City council meeting of August 29, 1995. F082995 · · #5g page 2 Franklin/ Right. Nov/ So this would have to be a complaint basis also. Franklin/ Yeah. I think they had misgivings about it and just decided that they couldn't support it. Nov/ But this kind of parking is allowed in other commercial zones which are not adjacent to residential zones. Franklin/ Yeaho In other commercial zones you can park in the front yard. So, it really is not an issue in other commercial zones. But the issue here has to do with requirement for keeping a front yard comparable to the abutting property. Kubby/ So the exception would only be allowed under certain restricted conditions? Franklin/ Yes and it is only when the topography and the configuration of the lot or the size of the lot precludes providing this either in the backyard or the sideyard. So, I think the application is going to be fairly limited. Kubby/ I mean one example would be a two story building where the bottom was commercial and the top was residential on a hill and so the parking for the whole building is in the back which is on the upper level of the ill. So someone with a disability couldn't park and then get around. Horow/ Anyone else care to address this issue? Declare the p.h. closed. This represents oely e reasonably accurate transcription of the Iowa City council meeting of August 29, 1995. F082095 Agenda Iowa City City Council Regular Council Meeting August 29, 1995 Page 9 Consider an ordinance amending Title 14, Chapter 4, "Land Control and Development," Article C, "Historic Preservation Regulations," and Chapter 6, "Zoning," Article J, "Overlay Zones" to allow the City to designate historic landmarks and conservation districts, (Second consideration) Comment: At its July 6 meeting, by a vote of 4-2, with Jakobsen and Starr voting no, the Planning and Zoning Commission recommended approval of the amendments concerning conservation districts, and by a vote of 6-0, recommended approval of the amendments on historic landmarks. The Historic Preservation Commission, by a vote of 5-0, also recommended approval of the amendments at its May 9 meeting, Comments were received from the public at the Council's August 1 public he3ring. Action: Consider an ordinance vacating a 20-foot east of Gilbert Court and immediately north of Lot 4 of Block 3, Lyon's Addition. (VAC95-0002) (Pass and adopt) Comment: At its June 15 meeting, by a vote of 5-0, the Planning and Zoning Commission recommended approval of the requested alley vacation. This recommendation is consistent with the staff recommendation. No public com- ments were received at the July 18 public hearing. Consider an ordinance amending City Code Title 14, Chapter 6, entitled "Zoning," Article S, entitled "Performance Stan- dards," Sections lOB and 10C, concerning the location of underground storage tanks. (Pass and adopt) Comment: At its June 15 meeting, by a vote of 5-0, the Planning and Zoning Commission recommended approval of the amendments concerning underground storage tanks. This recommendation is consistent with the staff recommendation contained in the staff memorandum. No public comments were received at the .July 18 public hearing. Agenda Iowa City City Council Regular Council Meeting August 29, 1995 Page 10 ITEM NO, 6 - Consider an ordinance amending tha Zoning Ordinance by amending the use regulations of an approximate 103.86 acres, which includes the Highway 218/Highway I inter- change and property located in the southwest quadrant of the interchange from County RS, Suburban Residential, to C~-1, Intensive Commercial. (REZ95-0011) (Pass and adopt) Comment: At its June 15, meeting, by a vote of 6-0, the Planning and Zoning Commission recommended approval of this rezoning. This recommendation is consistent with the staff recommendation contained in the staff report dated June 15. No public comments were received at the July 18 public hearing on his item. The final reading of this ordinance should be deferred until word is received from the City Development Board. Action= ~z/,~. / ~,~ m. Consider a resolution approving amendments to the by-laws of the Planning and Zoning Commissio .~.~ ,.~ Comment: At its August 17 meeting, by a vote of 6-0, the Planning and Zoning Commission recommended approval of amendments to its by-laws. The changes involve amend- ments to update and clarify the by-laws, and provide for combining up to six months of an unexpired term with a full term for one appointment to the Commission, PUBLIC DISCUSSION OF A RESOLUTION ADOP I~NG'~"'ECO~ DEVELOPMENT POLICIES, STRATEGIES, AND ACTIONS FOR THE CITY OF IOWA CITY." Comment: Upon adoption of this resolution, this policy document will be used by the City Council and staff to guide the City's economic development activities. This item was deferred from the Council's August 15, 1995, meeting. Action: ~ ~ ~6 page 1 ITBM NO. $ - PUBLIC DISCUSSION OF A RESOLUTION ADOPTING "ECONOMIC DEVELOPMENT POLICIES~ STRATEGIES, AND ACTIONS FOR THE CITY OF IOWA CITY." Horow/ So, at this point we would open public discussion and ask you to sign in, and as with p.h.s, please keep your comments to no more than five minutes. John Beckord/ Good evening. I am the president of the Chamber of Commerce and I would like to say a few words about the policies that have been presented. But first I would like to congratulate you with finally coming to a consensus on these issues. I know it has been a struggle. But I come tonight to suggest that perhaps your job has just begun. Now we need to walk our talk. The area Chamber strongly endorses a proactive posture towards quality growth and economic diversification. As a community we are either progressing or we are regressing. We are either investing or we are divesting. A static state is just not a viable option. I urge you to adopt a proactive attitude and emphasize the desirability of economic development to the welfare of the community. Use your public voice to explain how diversification is a buffer against the affects of business cycles. Help citizens understand that industrial products and service companies have choices when it comes to site locations and decisions. I would like to put industrial business and development in perspective a little bit and I would like to pass out and distribute some statistics that are real easy to digest, I promise. What I have done is complied some statistics from various economic development journals about the factors that businesses look at when they choose a location. I would also like to offer up two or three statistics that kind of help put some perspective on just how many companies are out there. First of all there is about 22,000 development corporations, community based development organizations that are out there chasing jobs and projects. In 1993 there were 4,000 new corporate facilities and expansions. So as a universe in the 1993 year, 4,000 projects that are out there for those 22,000 organizations who are marketing and courting. In the ten states comprising he midwest there were 1,286 projects in 1993. In Iowa there were 66. One thing I want you to note about these surveys from Expansion Management Magazine, International Association of Corporate Real Estate Executives, Site Selection Magazine is that favorable local government attitude towards business appears on most of them. The second page breaks them out: key location factors by facility type. This is particularly relevant to the discussion about targeting and it lets you This represents only a reasonably accurate transcription of the Iowa City council meeting of August 29, 1995. F082995 //6 page 2 know what companies typically look at when they look for location. I urge you to carefully consider how competing communities position themselves. You have no doubt read about some of the things along this line in articles written in the local press. What is the price and availability of land in competing communities? Do they assess impact fees? How do they use tax abatement and tax increment financing? Is the project approval process swift and accommodating? And even if you eventually decide not to compete in this game, I think it informs you what your competition is doing as a relevant place to start. You got to know your competition. You might note that on this list incentives does not appear. There is an awful lot of talk about incentives. And I think ICAD would agree with me that if a firm solely chooses a location on the basis of incentives, they are probably not the kind of firm you want anyway. Incentives are deal breakers. They are the things that differentiate communities that are equally qualified for a project. In the case of financial incentives, like community economic betterment account, economic development set aside program and the RISE application, a simple statement which pledges the council's full cooperation in the application for financial assistance tells the prospect you will do all you can to insure incentive funding. Guidelines are already established by the state. In fact, you may have read last week where the state has proposed increasing the threshold whereby the community can qualify for CEBA funds to 100% of the average wage in the community rather than 85%. A move that I applaud. How can you move wealth in a community up if you reward jobs that pay below the average in a community. So the state is on the right track there and I think the relevant point here for you is that those guidelines are already in place. If there are additional local funded incentives that you want to offer to reward companies who go beyond state guidelines, package them as a bonus, a reward for exceeding expectations. Perhaps inadvertently you have given an impression throughout this process that you are inclined to hold an applicant for financial assistance up to a new and more rigid council standard. By micro-managing this process in this way you have put yourself in a considerable competitive disadvantage. And I don't really think that was your intention. I would like to say a few words about targeting. Even with considerable analysis and special assistance, targeting is an imperfect science. Remember targeting is not just industrial targeting. You might target technology. You might target geography. A lot of development corporations target a state or even Canada or something like that where they perceive there is a competitive advantage. There are just Thisrepresents only a reasonably accurate transcription ofthelowa Ciw council meeting of August 29,1995. F082995 #6 page 3 so many variables, it is very difficult to control. But still it is the best game in town. Everybody does it because it is the best strategy available. But you need flexibility. You need to be able to respond to shifts in capital spending plans, new technologies, and comparative advantages to those other communities. Everything is a moving target. It makes it very difficult. If all of a sudden there is a surge in capital spending in SIC-3621 Security Equipment due to a crime wave, there is a lot of companies spending money on new capital equipment. You need to evaluate whether that is a good CHANGE TAPE TO REEL 95-103 SIDE 1 Beckord/ Assessed with a slightly shifted perspective. And Bruno, you have indicated you are aware of new creative thinking in the field of economic development. I welcome your input. Let's talk about it. Encouraging citizens to become more informed or even provide leads to ICAD is instructive suggestion. Please be careful, again, not to micromanage the process and waste precious time and resources on hyperdemocracy. Also ICAD to explain their targeting strategies. Let's open up a new channel of communication between the council, the area Chamber, ICAD and the University. Prospect and client perception is very critical part of marketing a community. I have one more piece of information that is relevant to this point. The Chamber recently mailed a brief survey to its membership. About 850 businesses were surveyed. We are just getting the returns back now. We have 220 back. So this is in process. Statistically I think it is relevant to bring this point up. The caveat here is this is not a complete thing. I do not have complete set of statistics. But for this purpose tonight I did pull out a couple of numbers that I think are relevant. I draw your attention to question #4 in second page which said, "Please indicate the extent to which the following factors are impediments to what you consider to be desire growth, development and diversification." Under the foil of attitude of city councilor of City of Iowa city a disturbing 68% of those responded that the Iowa City council is a serious impediment to desirable growth and diversification. And additional 25% indicated that they thought you were somewhat of an impediment. This is 93%. Folks, we really need to work on this. I didn't come here to criticize. I came here to inform that we have a job to do, to turn the community around about your position on growth because unfortunately you have managed to create the perception in the business community that your attitude about economic development is a serious impediment. There is an important difference between managing Thisrepresents oniy areasonably accuratetranscription ofthslowaCitycouncil meeting of Au§ust29,1995. F082995 #6 page 4 growth in insure orderly infrastructure development and environmental protection and controlling growth imposing a council defined social and economic framework on all development activity. I ask that you look at this problem because Iowa City needs a healthy dose of enthusiastic leadership and I am looking to you for it. Baker/ John, would you happen to have the statistics for the other three communities listed there? Beckord/ Not with me but I will be happy to provide them to you tomorrow. Kubby/ Actually the results of the whole survey would be- Beckord/ Absolutely. All the results will be forthcoming. Again, this is one of these things that is coming in at the time. I pulled those numbers out for tonight. Horow/ Anyone else care to address council? Colin Gordon/ The council gave me the courtesy of speaking to an earlier draft of this before deferring your vote. I would like to speak briefly to this draft as well. This draft I think is a great improvement. It addresses many of my original concerns and comes very close to sort of creative thinking that was referred to by the last speaker. The idea of creating a social compact between investors and other groups in the community and not merely promoting investment for its own sake. I have a few concerns with this draft, relatively minor concerns. In part reflected in particular policies and in part reflecting the difficulty of this sort of document which has a necessary vagueness to it which is because it is sort of a vision statement. I will just run through these in the order that they appear in the draft. Starting with Policy 1, the header in b01d face, I think given the work the council has done on it that the goal of diversifying and increasing the property tax base in not the first goal of this document. It is one of things that you are doing but the document is really about building employment and building a healthier and ore sustainable economy and I think it might be nice to have that upfront especially sort of given this vision statement that you want. In Strategy B of Policy 1, Action 2, even watered down in this draft strikes me as unnecessary° Kubby/ Could you repeat which one? Thlsrepresentsonly e re~onably accur~e ~anscriptlon ofthelowa City councilmeeting of August 29,1995. F082995 #6 page 5 Gordon/ Strategy B, Action 2. It strikes me that it is the job of the Chamber of Commerce to educate people ae to the role of business in the community. Skipping over to page 5 on Policy 4, this is a slight inconsistency in the redrafting with the addition of labor, consumer and citizen groups under the header of Strategy C, I think those gr0upe should also be included under one of the Actions below Strategy C so you have entrepreneurs, business, government and education and those are listed respectively in Action 1, 2, 3, and 4. But perhaps there should be an Action 5 facilitating the input of other groups otherwise it is a weaker commitment in that sentence. Turning to page 7, many respects the real core of this document is contained in Strategy B, Action 1 that is not the creation of the committee but the designation of what industries are targeted because this is where you put some teeth behind what is cited under Policy 1 it is targeting. My only concern here is that I wish that this strategy B, Action 1 was linked more consistently to other elements of the document. For example is says nothing here about what industries will be targeted and yet elsewhere, Policy 6, Strategy-Action 1, for example, you talk about wages. Under Policy 5 you talk about certain environmental standards. And I take it these are givens throughout the document. Everyone is agreeing that we want high wages, sustainable development and I think you can say that here that this is what we are going to look for and make a stronger commitment to it. I finally like to address a couple of points made by the previous speaker which I think speak to the sort of basic disagreement over what this policy is about. I don't think that the council should have to take the position of pursuing what is called a proactive strategy of encouraging investment when that consists of doing all it can to promote investment but then forswearing its responsibility to shape or regulate that investment. It is not micro-management or interference. It is, in fact, this council's responsibility. Experienced (can't hear) despite what business polling showed that these sorts of policies do not deter investment. they merely pressed it into certain channels. To the degree that they do deter investment they are of course deterring the kinds of companies we don't want because they are not meeting standards that are set forth. Finally, I think, in a policy like this, we are not marketing a community but we are charting a future for economic growth and development. And so this policy, although it necessarily takes the interests and the incentives and disincentives pertaining to investors seriously, it is not really a policy by and for business interest. It is by and for the entire community. And I applaud the council because I This represents only a reasonably accurate transcription of tlta Iowa City council meeting of August 29, 1995. F082995 page 6 think this draft takes that mission very seriously. Thank you. Horow/ Anyone else care to address council on this? I appreciate you taking the time to come out. Thisrepresents only areasonably accuratetranscription ofthelowa City council meeting of August29,1995. F082995 Agenda lows City City Council Regular Council Meeting August 29, 1995 Page 11 ITEM NO. 7 - ITEM NO. 8 - CONSIDER A RESOLUTION ADOPTING "ECONOMIC DEVELOPMENT POLICIES, STRATEGIES, AND ACTIONS FOR THE CITY OF IOWA CITY." Comment: See previous item. ANNOUNCEMENT OF VACANCIES. Previously announced vacancies. (1) Historic Preservation Commission - One vacancy for a Summit Street representative to fill an unexpired term ending March 29, 1998. (John Shaw resigned.) (¢ females and 2 males presently serving on the Com- mission.) This appointment will be made at the September 26, 1995, meeting of the City Council. Current vacancies. ITEM NO. 9 - (2) Riverfront and Natural Areas Commission - Two vacancies for three-year terms ending December 1, 1998. (Terms of Jessica Neary and Richard Hoppin end.) (4 females and 5 males currently serving on the Commission.) These appdintments will be made at the October 10, 1995, meeting of the City Council. CONSIDER RESOLUTION APPROVING THE BY-LAWS OF THE IOWA CITY HOUSING AND COMMUNITY DEVELOPMENT COMMISSION. Comment: The by-laws for this Commission have been approved by the Rules Committee pending the clarification of an item regarding the al~pointment of a Council representative to the Commission. Council is making inaugural appointments to this Commission under Item No. 10 on this agenda. Action: #7 page 1 ITEM NO. 7 CONSIDER A RESOLUTION ~DOPTING "ECONOMIC DEVELOPMENT POLICIESt STRATEGIESt AND ACTIONS FOR THE CITY OF IOWA CITY." Horow/ Moved by Pigott, seconded by Throg. Any discussion? Lehman/ Sue, I think that probably there is no one sitting here that agrees with every single word and the way we did it. I think conceptually we are trying to tell the City of Iowa City and the people who live here and potential investors that we want to be a friendly environment for good development to take place. This is just to be a statement of philosophy and hopefully it can counteract somewhat the 68% that view us as anti-business. I don't think we really are but I think that sometime we come off as appearing that way. I think this is just a first step. It is a positive step. True, it obviously isn't perfect. It will be changed and I hope it becomes kind of a living sort of policy. As times change we can change this and I am very happy to support this as a positive action. Horow/ Anyone else care to come up? Pigott/ I think the perception that this council is anti-business and not probusiness and doesn't want to be proactive about it through these policies is a sadly mistaken perception and perhaps a group of people, a wide variety of people and a narrow group of people support or believe that. But I think we could tick off any number of instances over the last two years where this council has been very active, proactive, in the role of the city in this community. I can think of a couple right off the top of my head very easily that come up. Many of the annexations in town that helped us promote businesses by developing. Didn't we just pass an annexation tonight or have been talking about it for several weeks now to help develop an auto dealership on the southwest corner of town. Just last year we worked on a vision for our future for the Near South Side commercial development of our d.t. While it wasn't one way, in the discussion of that I think it was a very (can't hear) and very probusiness development. I think that what I like about this vision is it is probusiness and proactive and most important, it includes the citizens. I think that vision statements like this should include the citizens and we shouldn't be scared to include them in our consideration. Ernie, you are right, maybe this manifesto will help us counter the terrible wrong impression that this council has been by any stretch of the imagination. This represents only a reesonably accurate transcription of the Iowa City council meeting of August 29, 1995. F082995 #7 page 2 Horow/ Thank you very much. Anyone else care to make a statement? Throg/ I would like to praise the other folks on the council for working so well together. It was a pretty impressive performance. I think we should feel very good about it. It is difficult and anybody who say our previous council knows there were touchy moments but it went quite well. And so I praise the quality myself. I would also like to point out a few things in the policy. One is that the Preamble states, among other things, that as a matter of policy, we seek to promote a quality of life that is ecological sustainable. I think that is not trivial. We need to do that and we had better get on with ito Secondly, the Policy #6 contains a few elements that are pretty important, one of which has to do with infrastructure which basically says there are moments when the city would assume a portion of development costs for infrastructure having to do with particular J. ndustrial development but that that wouldn't always occur depending on what the nature of investment. And another factor is on again Policy 6, Strategy B, Action 1 where, as Bruno said, we intend to create an ad hoc committee consisting of diverse organizations that would designate targeted industries and develop criteria to be used when the city considers granting or participating incentives. Those are important steps I think and I echo something that Colin Gordon said having to do with the fact that we want to have an economic development policy that represents desires, hopes, aspirations and so on for the people of the city in all of its diversity. That is very good. And the last thing I would like to point to is that Strategy B, Action 1 also contains a repayment element which means if a firm does not complete its commitment, then we would ask that that money be reimbursed as appropriate. So all and all, I think it is a good policy and I am very happy to support it and congratulate everybody for their work. Horow/ I think that we have worked long over the past oh couple of years. I think we have worked way to long on this and it has been a long time (can't hear) and I am glad that we have finally come through with this and perhaps as John has said we will now walk the talk. It is high time we actually took some positive appearances, positive actions and got more involved with the business industry in the community. I think all of us have a lot to learn from what we have written here and what is going on out there and what is not going out there. So I would appreciate as much input from the Chamber and from ICAD and we will put more input into it. Thank you very much. Roll call- Thisrepresents only areasonablyaccuratetranscription ofthe[owaCitycouncil meetingofAugust29,1995. F082995 #7 page 3 Kubby/ I would like to (can't hear). Part of it is a recent historic perspective of when in the recent past ICAD has done its job of recruiting businesses and there has been some questions about the whole process or about the lack of direction and it was kind of conscious policy direction of council to say that the role of economic development for the city is going to be a very very downplay one and that ICAD and the Chamber's purpose is to take on that role and that in living out that de-emphasized emphasis of the city found that we needed to play a slightly higher role in terms of giving more clear direction to ICAD. So it was something that we need to work on. It wasn't appropriate to just say no, ICAD, we don't like what you are doing. That is not fair to them. We needed to look in house and say what is it that we want from them. We needed to give them direction and so that where a lot of this discussion came from and I think it is an important step that we have taken and it is definitely just a first step. I mean there are lots of strategies, actions and actually it is not attached to this, I don't think, but there was a plan of what was going to happen next year attached to this so that we saw in the next FY what was going to happen in the short term after passing this. I guess I would like to have that, whenever this goes out to people, to have that action or the next new work program on these issues attached to it. There are a couple of-I agree with Colin about the order of the policies. I meant to bring that up last night. I had it on a little note but it didn't seem as important as talking through the issues and at this point I don't think I am interested in suggesting what the order should be but we will kind of think about that because I think this will be a very dynamic document and if we need to change and evolve and that is actually built into the document in one of the strategies or one of the actions, I can't remember where. There will be periodic review of the document. We will see what has actually come about that is different because of this document and what hasn't and use that as feedback. There is a change I would like to the changes we made last night. I think there was an overt omission on page 7. Not an overt one I-It shouldn't be left unnoticed. In the list of organizations that says, "Through creation of an ad hoc committee consisting of diverse organizations" and then in parenthesis it describes those organizations. It says "industries, labor, citizen and environmental groups, University of Iowa and others." But what isn't in there that needs to be in there is economic development organizations meaning ICAD, Chamber of Commerce, the Convention of Visitors Bureau and that category of organizations that is doing this work on a day to day basis I Thisrepresents only areasonably accurate transcription ofthe Iowa City councllmeetlng of August 29,1995. F082995 #7 page 4 would like to move that we- Horow/ Okay. Throg/ It was sort of understood that they were included. Nov/ That we had them included in another sentence somewhere but I can't find it right now. Kubby/ Well, it seems important to me that economic development organizations be specifically mentioned as part of that committee and I would like to move that economic organizations be added to that section. Horow/ Is there a second? Pigott/ Yeah, I would second that. Kubby/ It was intended to be an amendment. Horow/ Moved by Kubby, seconded by Pigott, to include the words economic development organizations under Policy 6, Strategy B, Action 1, third line down. Any discussion on this? All those in favor signify by saying aye (ayes). Kubby/ The other thing that I think some people may be concerned about is that if we implement many of these things that we are at a competitive disadvantage to those communities adjacent to us that are in our region and I know that we think about economic development in a regional way. I know that we understand and agree that that is how ICAD works. That that is how the Chambers actually work and that I think we need to go out and promote these concepts to our neighbors in a very active way and that should be part of the promoting public awareness of the role of this. And if we believe part of that role is some of these items that we need to be vocal about it. Take a larger role ourselves as individuals as well as institution (can't hear). And my last comment is that really whenever the word financial incentives appear in here, in my mind I think public assistance and I don't read that in a negative way. We have lots of programs for public assistance where the community comes together and pools their resources and directs them in a certain way. That is a positive thing and we are talking about is targeting where that public resource or that public assistance happens and I would prefer that language although financial incentives is quite acceptable or it is not objectionable. I would prefer the term Thlsreprosents only arsasonably accurate transcription ofthelowe City council meeting of August 29, 1995. F082995 #7 page 5 public assistance because I think it is more appropriate. But what this does for me as an individual council member and member of my community is make me more excited about these issues. It makes me want to get more involved in this area of the vitality of our co~uunity and so look for that. Horow/ Any more discussion? Nov/ I think we pretty well have said it but I would like to say that when we said Policy 1, Policy 2 we are not necessarily saying priority 1, priority 2. We may choose to act on Policy 5 before Policy 1 if we get to point of acting and setting criteria. Kubby/ But your structure can evoke value. Nov/ I just felt that they didn't in this case. Horow/ Roll call- Baker/ Sue- Horow/ Larry- I guess what I am feeling is that we need to not talk about this document and actually do something with it. And so- Kubby/ I think it is appropriate for people to speak their peace- Horow/ Larry, go right ahead. Baker/ Thanks, Susan. Horow/ You are welcome. Baker/ Um, I hadn't intended on talking on this particular issue because I knew most of the points would be covered by other very competent articulate council members. But two things jumped out at me. One, I forget who used the phrase historic context or historical record and then connected with John's statement about the survey on public perception of council's attitude and I understand where this comes form. I disagree with it. This 68% serious impediment attitude of city councilors in economic development. I understand it. I think I disagree with it. But what is interesting to me is that historically I look back 10-12 years ago when I just got involved in city politics on a much more, I am going to use the phrase but I hate it, a much more conservative council. And event hen one of the complaints against that particular Thisrepresents only areasonebly accuratetranscriptlon ofthelowa City council meeting of August29,1995, F082995 #7 page 6 council was that it was not probusiness enough. I mean they passed the package of whatever was necessary but there was still a perception that the city was overregulated and unenthusiastic about economic development years ago. It is not unique to this present council. What is more interesting to me is that looking back and looking at this particular council, this group of people, is the most diverse group of people we have probably had on the city council in 15 years at least and that is far as my memory goes. But that is a reflection of this community. If there is not a compelling consensus to these sort of tunnel vision pro-development I think that that is the perception of us that is a reflection of this community and part of that comes from the fact that we are a community blessed by a large public institution that is the engine driving our development and a great number of people associated with that public institution do not necessarily see the direct connection between the fact that outside of an environment like Iowa City the thing that provides our quality of living is a business community state wide, nation wide, that allows us many of the comforts that we have here in this conumunity. So, when Jim talks about what we went through last night and how pleased he was with our cooperation. That is a reflection of his community. This is not a document that is anti-business or it does not give a blank check to business development. But it is a document that I think reflects the real concerns of this community and that is something that we carl be proud of and that we all ought to work to implement the goals of this document and with that, thank you. Kubby/ It is not a matter of being probusiness or anti-business. It is about what is the best thing for this community and it means a whole range of things. So I have a hard time thinking about myself or this document or this body as being probusiness or anti-business. It is what is best for this community. Baker/ I think that is what I tried to say- Horow/ Larry- Baker/ The consensus that we have come to is this is good for the community. Nov/ If your memory goes back far enough, think about urban renewal. Anybody who remembers that knows how controversial a council and a business community can be. Thisrepresents only areasonably occurate transcription ofthelowa City council meeting of August 29,1995. F082995 #7 page 7 Horow/ On that note I would like to take a roll call- (yes). Great, our economic development policy. Tiffsrepresents only a reasonably accurate transcription of the Iowa City council meeting of August 29,1995. F082995 #9 page 1 ITEM NO. CONSIDER RESOLUTION APPROVING THE BY-LAWS OF THE IOWA CITY HOUSING AND COMMUNITY DEVELOPMENT COMMISSION. Horow/ Moved by Nov, seconded by Baker. Discussion. Council considered the bylaws last evening and have made the changes (can't hear). Any further discussion? Roll call- (yes). This represents only a reasonably accurate transcription of the Iowa City council meeting of August 29, 1995. F082995 Agenda Iowa City City Council Regular Council Meeting August 29, 1995 Page 12 ITEM NO. 10 - ITEM NO. 11- CITY COUNCIL APPOINTMENTS. Consider appointments to the Housing and Community Development C(Jmmission: (1) Three vacancies for one-year terms ending September 1, 1996, Action', ~?~1~..) '~.,/Z.4z~'/ ,-~/~? ~' ~ "~ (2)Three vacancies for two-year terms enaing ~eptem~er I, 1997, Action: ~ ~~ //~' ~ (3) Three vacancies for three-year terms ending Septem- ber 1, 1998, Action: ~ ~1 /¢¢~ ¢~ ~ CITY COUNCIL INFORMATION. ITEM NO. 12- REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY. a. City Manager. #11 page 1 ITEM NO. 11 - CITY COUNCIL INFORMATION. Horow/ city council Information. Baker/ Last time I started first I got into trouble so I will make this very brief. I got new proposals this time. I just have a series of very quick items. One, in the last statement about economic development I forgot and I am sorry but I meant to thank the staff. They did a lion's share of the work and with the public input and what the staff did was a very good job. I also want to express my congratulations to NCS for the contract they just recently received in connection with economic development. I want to-there was a series of events the past weekend in which new students at the University of Iowa did volunteer work all across the community and I want to thank them for that. I think that is a good introduction for them to us and us to them. I want to thank Karen for the inclusion of that memo on sustainable environment and I found it interesting and wondering if perhaps that it be appropriate to request that a copy of that be given to verified council candidates to help understand the concept that we talked about probably in the campaign. And I want to congratulate Doug Boothroy for a memo here about the money he is getting for housing. There is a nothing statement right there. Doug, you know what I mean. Doug Boothroy is the department head of the Housing Department and has done an extraordinary job of getting money for subsidized housing the past few years. Finally, Madam Mayor, I note with some sense of irony the memo about parking ramp lighting costs, potentially going up- Kubby/ Six-fold. Baker/ I don't think 46 to 313, we are going up 250 something to 330 something. But I was going to ask regardless of this memo, I was going to ask when that was going to come to us for a vote because I was going to enjoy voting no on that and just hammering the rest of you for your refusal to-I am getting serious here. I want to keep pointing out that when we do this, if you do it, let's consider generating the money to pay for the additional yearly cost of those lights. So, Steve, are we going to get this back soon? Atkins/ I wouldn't count on it. I don't mean to ruin your- They have to do a lot more work for us. Baker/ Okay, thank you, that is all. Thisrepresents only areasonablyaccurate ~anscrlptlon ofthelowa Citycouncil meeting of August29, 1995. F082995 #11 page 2 Pigott/ Two short things, Madam Mayor. One is that I will be running in the upcoming fall classic road race and I will be turning in a pledge form- Horow/ You mean the Hospice Road Race? Pigott/ Yeah, the Hospice Road Race and I will expect you all to donate large sums of money (can't hear). I hope to run the half marathon (can't hear). Secondly, I read an interesting article in N.Y. Times (can't hear) by a fellow named John Hookenberry. I don't know if any of you know that he was a reporter for National Public Radio. But he also, and he is a very excellent reporter. Also he is a wheelchair. He wrote this article on Friday morning was about life in a wheelchair and (can't hear) and the great part of getting around New York. It was perfect timing because on Sunday we had our Disabilities Awareness Day where there was a great celebration and I just wanted to say what a wonderful (can't hear). That is all I had. Horow/ He had a book out right now. Pigott/ I just want to thank people who organized Abilities Awareness Day. Throg/ I want to pick up with the Abilities Awareness Day and say that I spent a couple of hours down there Sunday. Oh, what a wonderful afternoon it was. I mean it was really a sultry day, wonderful music including by David Moore who spoke to us about his big water bill a couple of weeks ago. My friend Tom Davey and many others and people enjoying cool drinks in front of the Java House and Blimpies and I am also thinking about the Friday Night Concert Series where I think it was Big Dog on Skis for the last concert of the season and I can recall walking above the fountain looking over a sea of about 500- 1,000 people and seeing how much they were enjoying that music and place. It was really quite a stunning evening. And then later on that night or earlier in the day I went in front of Ginsbergs and listen to Shade of Blue sing to a crowd of about 50 people including some of whom are sitting at the outdoor cafe and sidewalk cafe in front of Pancheros. So all and all, those events made me really proud to be a citizen of Iowa City and to be a member of city council that helps makes some of these things happen. So, it is a good place. Horow/ As a matter of fact, next June, there is going to be a meeting of 300 people, economatrisionists, at the University Thisrepresents only a reasonably accur~etrenscriptlon ofthelowa City council making of August 29,1995. F082995 page 3 of Iowa and I was talking to organizers in terms of Friday night- Get them down to the pedestrian mall- Throg/ What do economatrisions do? Horow/ They think about future problems that aren't even brought up yet. They are working- I had better stop right where I am right now. Naomi- Nov/ Nothing. Horow/ Boy, am I going to get it when Joel gets home. Kubby/ Two things. We started out silurian pumping, out test pumping, and I hope we will get updates as soon as they are available. Arkins/ It will be awhile. Kubby/ Secondly, the creek by my house is dry. It is so dry that a dog walks on it and there are no foot prints. The dog rolls around in it and there is no mud on the dog and it is kind of scary because it means that it is so dry. But it is also an opportunity for people who live next to creeks to clean up without as much hassle. So, you know, my neighbor across the creek, Craig Schrock, did a great job taking out concrete, plastic, just all sorts of weird stuff that you can't really see or get to as easily when there is water in the creek. So I encourage you to use this dryness as an opportunity to make the clean up faster and easier if you live next door to one. That is all. Lehman/ (Can't hear) I got a couple of things. I received a phone call from Joe Fowler today. As you recall, about a year ago we talked about the possibility of putting meters in the loading zones, particularly the commercial ones where people really don't read the word commercial and get $5.00 tickets. It makes them very frustrated. Joe has indicated that he favors this because from an enforcement standpoint he doesn't have to go along chalking tires or whatever. And he needs to know from us if we still are interested in doing it. Because without our action nothing is going to happen. Nov/ Are you talking about 15 minute meters? Lehman/ I don't know, 15 or 30. I am not sure. This represents only e reasonably eccurate transcription of the Iowa City council meeting of August 29, 1995. F082995 #11 page 4 Atkins/ Official 30 minute loading zones as I recall. I don't know what Joe's thinking was but metering it was the issue. Kubby/ I think we need to be reminded of the issue and schedule it for discussion. Lehman/ I think- Nov/ Let's schedule it with a list of locations and available meters and that sort of thing. Lehman/ Also I asked, I was at a JCCOG meeting, I ask and talked to I guess the Finance Director from Cedar Rapids. He indicated to me that they have a provision in their code that comes with bids that they give credit for local contractors and local providers of service. In fact they have a leeway of up to 5%. Now, in a few minutes we are going to let a contract and excess of $500,000. If we had this sort of policy, that contract would have stayed in Iowa City. That money would have been circulating in Iowa City with Iowa City contractors and Iowa City workers. Now I am sure there are positive and there are minuses in this and I would like us to ask Steve to give us a report, not terribly detailed, but just what are some of the pluses and minuses of this and is this something that we have for Iowa City. Kubby/ It is important that we have that list. Nov/ We considered this for a while a couple of years ago and then decided it wasn't something that we were going to do. It is okay to revise the memo. Arkins/ I will prepare a report for you. Horow/ Anything else? Lehman/ That is it. Horow/ I have been representing, working with the CVB and the ICAD, on the upcoming Midwest U.S. Japan Economic Conference on September 11-14. I just decided that the tours and activities that were going on before the conference that are going to take place on Sunday September 10 are focusing primarily on (Can't hear) And I felt that well, that was perfectly all right, I would like to see something focus on Iowa City where if there was investment (can't hear) their homes, people would be interested in Iowa City as well. So, to make a long story Thlsrepr~ents only ereasonably accuratetranscription ofthelowa City council meeting of August29,1995. F082995 #11 page 5 short, Iowa City is going to have a tour on Sunday, September 10. It will start up on Templin Road at the home of Chris Roy, hosta gardens and work its way down through the north end, down Dodge Street, across Burlington, down to Summit over to Longfellow where during lunch the visitors and there will be about 20 Japanese visitors will be observing the teaching of Japanese at Longfellow School. This is being assisted by the parents of the students who are taking Japanese and New Pioneer is providing a lunch for us. They are then coming down over Walnut and I am mentioning the route because I am asking our citizens along this route to pick up the weeks in your sidewalk, spruce the place up a tad. They are going down then Kirkwood Avenue to my home where they are opening a home to show what a home looks like, the number of bedrooms, the square feet, the kitchen, the whatever, and then into the backyard in both a shade and sun garden. And then we are going through my backyard to the neighbors backyard, down their driveway, down to Pickard Street to Friendly which is nestled with Moffit homes down there. The tour bus will then pick them up down there and take them out Kirkwood, up Clinton to the Old Capitol and then over Burlington, up through the University complex and out. A fast tour but it is very exciting and a lot of enthusiasm has been generated. The whole city is essentially to please go watch, be kind to the visitors, be friendly, and they usually are. The University will be hosting them at Oakdale. But this is the coo for the State of Iowa to hold this conference, number one, and to the economic corridor between cedar Rapids and Iowa City is even a bigger coo. So congratulations on the people who were actually able to pull this off. But stay in touch with those of us who are still working. And I would also like to give kudos to our media crew and the Water Division. Today, on Channel 4, I happen to watch H20, the Story of Water. Our water Division has done an excellent program on explaining what we do with the water, where the charges are, how they can be adjusted. The media has done an excellent job on this. The music is weird. But I finally realized it was making me think about using water and I assume this is what they wanted me to do. Otherwise- You are to be congratulated, our Media Department, of pulling this one off. Nov/ Speaking of water, did you read of Winterset last week? Horow/ Yes, I did. Winterset- Nov/ If we are talking about real water bills, then go to Winterset. This represents only a reasonably accurate transcription of the Iowa City council meeting of August 29, 1995. F082995 #11 page 6 Horow/ Unfortunately we will all be faced with this. Tomorrow I have a meeting in Des Moines, the Local Government Environmental Resource Council, and the legislature, as you know, can maintain (can't hear) to make sure the Environmental Protection Commission does not come into the state and do the enforcement of the Clean Water Act. The state legislature has said to the DNR, you must hire more people, you must increase the fees and so, we, the Local Government Environmental Resource Council, lovingly know as LGERC, has been working on a formula to essentially done ourselves for more money. So, everyone's water is going to be going up, not just in Iowa City but all over Iowa. Public water systems are many. Smaller ones are the ones primarily that need the work but unfortunately the larger ones are going to share the burden of paying for those smaller water systems until we come to a point where we think regionally coalesce other water systems. It is cheaper to produce more water. But Winterset is just the beginning. Nov/ The small towns are really facing some huge bills. Pigott/ You mentioned September 10. If I could just quickly say that September 10th is also the 4th Annual Bike and Hike and I just want to let everyone know. Horow/ I appreciate that. There are some fantastic things going on September 10. Nov/ The Coldten House Open House is also (can't hear). This represents only e reasonebly accuratetranscription ofthelowa City council meeting of August29, 1995. F082995 #12a page 1 ITEM NO. 12a- REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY. a. City Manager. Horow/ Mr. Atkins. Atkins/ Nothing. Baker/ Sue, I forgot to ask Steve but we had talked about you alerting- There is a story in here about the information you got from the federal government about Iowa City being selected as a possible test city for financial analysis. Atkins/ Okay. With the passage of the Unfunded Mandates Act the president signed, one of the elements is Congress has a requirement now when they propose any new regulations that they must seek the advice of and secure information as to what the actual cost would be of the proposed mandate. In doing that the Congressional Budget Office contacted the National League of cities. The National League of cities then in turn contacted the State Municipal Leagues. In our case the Iowa League of Cities. What Congress, through the Congressional Budget Office has chosen to do is they are going to select 36 cities and school districts throughout the United States and as legislation is proposed by Congress, they will contact this network of cities and school districts and ask for an analysis of what this particular law might actually cost the local government and as of the other day we were asked to participate and I agreed. So, Iowa City will be one of those 36 communities. Baker/ 36 out of the entire country. Arkins/ Entire country. Throg/ Very good job, Steve. Baker/ There be some sort of press release or information. The public out to know. CHANGE TAPE TO REEL 95-103 SIDE 2 Thisrepresents only areasonably accurate transcription ofthelowe Citycouncil meeting of August 29,1995. F082995 Agenda Iowa City City Council Regular Council Meeting August 29, 1995 Page 13 b. City Attorney. ITEM NO, 13 - 9£- ITEM NO, 14 - CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN IOWA DEPARTMENT OF TRANSPOR- TATION FUNDING AGREEMENT FOR THE RECONSTRUCTION OF MELROSE AVENUE FROM WEST HIGH SCHOOL TO DEER CREEK ROAD. Comment: This agreement provides for an 80% Federal / 20% City funding split up to a maximum amount in Federal funds of 91,720,000. Federal funds will be administered by the Iowa Department of Transpor- tation. The project involves reconstructing and widening of Melrose Avenue from Deer Creek Road easterly through the intersection at the West High School entrance. The preliminary estimated construction cost is 92,480,000. The local share of this project will be funded with General Obligation Bond proceeds and Road Use Tax revenues. Action: CONSIDER A RESOLUTION FOR THE MAIDEN LANE IMPROVEMENT PROJECT ADOPTING AND LEVYING FINAL SCHEDULE OF ASSESS- MENTS, AND PROVIDING FOR THE PAYMENT THEREOF, Comment: This is the special assessment paving and sanitary sewer portion of the Maiden Lane Improvements. The amount to be assessed to property owners is 9254,621.66, which represents a portion of the construction, engineering, legal and administrative costs. The total assessment has been reduced by 945,000 to reflect 50% of the anticipated parking meter revenues over the next ten (10) years which represents the City's financial commitment to the project. #13 page 1 ITEM NO. 13 - CONSIDER A RESOLUTION AUTHORIZING TEEMAYOR TO SIGN AND THE CITY CLERK TO ATTEST i~N IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT FOR THE RECONSTRUCTION OF MELROSE AVENUE FROM WEST HIGH SCHOOL TO DEER CREEK ROAD. Horow/ Moved by Baker, seconded by Throg. Discussion. Kubby/ I think we need to read again that this is the widening of Melrose from Dear Creek through the intersection of West High School entrance area. Nov/ The far west end. Horow/ Okay, roll call- (yes). This represents only a reasonably accurate transcription of the Iowa City council meeting of August 29, 1995, F082995 ~14 page 1 ITEM NO. 14 - CONSIDER A RESOLUTION FOR THE MAIDEN LANE IMPROVEMENT PROJECT ADOPTING AND LEVYING FINAL SCHEDULE OF ASSESSMENTS~ AND PROVIDING FOR THE PAYMENT THEREOF. Horow/ Moved by Kubby, seconded by Pigott. Discussion. Kubby/ Is the bridge part of the paving and sanitary sewer costs or is that separate? Rick Fosse/ That was a separate project paid entirely by the city and is not a part of this assessment. Horow/ Any further discussion? Roll call- (yes). Thisrepresents only areasonably accuratetrans~ipfion ofthelowa CI~ council meeting of August29,1995. F082995 Agenda Iowa City City Council Regular Council Meeting August 29, 1995 Page 14 ITEM NO. 15 - ~5- ~. ITEN] NO, 16 - CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZ- ING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE IOWA CITY LANDFILL LEACHATE LIFT STATION CONSTRUCTION PROJECT. Comment: This project will provide a new lift station with improved capacity to pump leachate from the landfill to the wastewater treatment plant for treatment. Funding will be provided by landfill revenues. The bid opening was August 22, 1 995, and following bids received: SuEberger Excavating, Inc., Muscatine, IA Maxwell Construction Co., Iowa City, IA Denver Construction Co., Denver, IA Engineer's estimate 553,513.00 565,681.00 592,908.00 590,000.00 Public Works and Engineering recommend that the contract be awarded to Sulzberger Excavating, Inc. of Muscatine, IA. CONSIDER A RESOLUTION AUTHORIZING THE FILING OF AN APPLICA- TION WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR STATEWIDE TRANSPORTATION ENHANCEI~IENT FUNDS. Comment: This resolution authorizes filing of an application for Statewide Transportation Enhancement Funds to design and construct a segment of the Iowa River Corridor Trail from Highway 6 to Napoleon Park. The City also commits to maintain the facility for a minimum of 20 years if funding is approved. The estimated cost of the project is 9600,000. Transportation enhancement funds require a minimum 20% local match. The resulting breakdown of funding would .be t~480,000 transportation enhancement and $1 20,000 local match. Action: Agenda Iowa City City Council Regular Council Meeting August 29, 1995 Page 15 ITEM NO, 17 - CONSIDER A RESOLUTION OF INTENT TO CONVEY, BY QUIT CLAIM DEED, CITY-OWNED PROPERTY IN SAINT MATTHIAS ADDITION ABUTTING ROBERTS HOME TOWN DAIRY PROPERTY TO ROBERTS HOME TOWN DAIRY AND SETTING A PUBLIC HEARING THEREON FOR SEPTEMBER 12, 1995. ITEM NO. 18 - Comment: Roberts Home Town Dairy has offered to purchase 433.83 square feet of vacant, landlocked, city-owned property at a price of $6.00 per square foot for a total sum of ~2,603.OO abutting their dairy processing facility at Dodge Street and Prairie du Chien Road, This purchase would provide the space needed to erect a proposed receiv- ing/storage building for the diary processing facility. CONSIDER RESOLUTION DIRECTING THE CITY CLERK TO PLACE THE QUE-~"'T~ON OF A PRESIDENTIAL ADVISORY BALLOT ("STRAW [ BEFORE~C..ITIZENRY AND VOTERS OF IOWA CITY, IO~/-A~ [r THE GENERAL ClTY~.,.CTION OF NOVEMBER 7, 1995,~D'BE CON?UCT- ED AS A SEPARA~i~-.~OLUNTARY AND I=FICIAL ADVISORY BALLOT IN COOPERATI~THE JC COUNTY AUDITOR, Comment: At the City Council of August 15, 1995, Council directed staff to prepare a res for a special straw vote or advisory ballot presidenti~ to be co'~ted at the ~ame time as the regular City el~ of November 7, 1~ Two proposed resolutions are' ..J~,_e.d..!n the packet. Additional inf~q.~tion will be available at ~y s work session concerning the two veins. The list of in each version are recommend de for incl~jsion by The final decision for ballot inclusion will be made by the City by adding specific names based on certain criteria, or removing names based on stated criteria. Action: City of Iowa City MEMORANDUM Date: To: From: Re: August 29, 1 995 City Clerk Linda Newman Woito Amended Agenda Item #18 CONSIDER RESOLUTION DIRECTING THE JOHNSON COUNTY AUDITOR TO PLACE THE QUESTION OF A PRESIDENTIAL ADVISORY BALLOT BEFORE THE QUALIFIED ELECTORS OF IOWA CITY, IOWA AS A PUBLIC MEASURE, TO BE VOTED UPON AT THE GENERAL CITY ELECTION OF NOVEMBER 7, 1995. Comment: At the City Council meeting of August 15, 1995, Council directed staff to prepare a resolution calling for a special straw vote or advisory ballot presidential election, to be conducted at the same time as the regular City election of November 7, 1995. After discussion, a proposed resolution is included in the packet. The list of candidates in this version is recommended for inclusion by CityVote. The final decision for ballot inclusion will be made by the City Council by adding specific names based on certain criteria, or removing names based on stated criteria. #18 page 1 ITF-~ NO. 28 - CONSIDleR RESOLUTION DIRECTIN~ THE CITY CLERK TO PLACE THE QUESTION OF A PRESIDENTI~J~ ADVISORY BALLOT ("STI~AW POLL") BEFORE THE CITIZENRY AND VOTERS OF IOWA CITY~ IOWA AT THE GENERAL CITY ELECTION OF NOVEMBER ?, 1995, TO BE CONDUCTED AS A SEPAR~TE~ VOLUNTARY AND UNOFFICIAL ADVISORY BALLOT II~ COOPERATION WITH THE JOHNSON COUNTY AUDITOR. Horow/ Moved by Baker, seconded by Throg. Discussion. Baker/ How do you want to approach this? I don't think we need to talk an hour on it but probably some background would be appropriate. And if you don't mind, I will certainly condense everything I said last night. Horow/ That would be appreciated. We are timing you, Larry. Baker/ Okay, notice there are one, two, three, four, five, six, seven members of the press, two members of the public and the staff here and we've killed their deadlines by having it after 10:00. Horow/ Talk already. Pigott/ Gee, do you want to make it tomorrow? Baker/ No hurry, this is a record for us, come on. There are, there have been in the last week or so, I think some misunderstandings and even in some cases maybe just misinformation about this particular issue. I can very briefly go back and say how it started. And if the CityVote people had contacted us a year ago, much of the compressed debate that we're going through now could be stretched out and clarity could be added to a lot of different things. But about three weeks ago, I noticed a Newsweek magazine and that old political co-worker, former Irvine, California mayor, Larry Agran who's in charge of a group called CityVote. It's a three year project and what Agran had put together was a presidential advisory ballot, straw poll ballot, on the ballots of selected cities across the country ranging in population from 7,000 to 600,000. And his purpose was very clear and the purpose of his organization was that most people in America live in urban areas and very often political campaigns do not focus on the issues relevant to those populations. And this was an effort to bring together candidates with the public and make a connection and let the public look at people's positions and voice their sentiments Thlsrepre3ents only areasonably accumte transcription ofthelowa City council meeting of August29,1955. F082995 #18 page 2 about how they stood. Now in particular, if you look at Iowa City, like most other cities in America, we do have a connection with the federal government. We recently received a memo from the city manager outlining possible, probable, or inevitable cuts in our budget based upon decisions made by the federal government. Cuts that would effect our transit system, our housing rehabilitation program, our subsidized housing program, and our CDBG program. And that is typical across the country so it does make a difference who is in office at the federal level. I looked at that proposal and thought also that it was a way to generate more interest in local elections which we have historically talked about being lowly or a low participation. And that is when I brought it to the council. As soon as I was able to contact Mr. Agran, get some more details, I brought it to the council. Um, one of the most serious misunderstandings that developed very quickly was that this was a straw poll of only one particular parties candidates. It never was. It never was intended to be and it was always include major party candidates announced, independents announce, and probably independents or party candidates based upon criteria that the CityVote people put together. Now there are reasonable questions to be raised about this project. Questions about how does it affect a local turnout? What is the connection between a presidential straw poll and city business? In Iowa, in particular, how does it affect or does it have a relationship to our status as a caucus state? Those are all reasonable questions and I could certainly talk about them tonight if you want to but one of the things that I would suggest is that somebody out there, whether it is the press, whether it is people in Public Access Television, local other news outlets-I know one magazine in particular is doing a long story and they are to be congratulated because they are doing a lot of leg work on this and trying to get out to the public as much information as possible. We could talk about those particular questions if necessary but I would hope that basically that we could agree on this point that Iowa City has the right to determine what its ballot questions ought to be. We have been told by the State Attorney General, the State Elections office, the County Auditor, the County Attorney that indeed the city has not authority for such a ballot. It has never been tested in court as far as I know. It is an Attorney General's interpretation of what we can or cannot do based upon our Charter, based upon our state election laws. All across the country, however, other communities either through enabling legislation or through cooperation with election officials are able to participate in this project. I feel very strongly that people Thls represents only a reasonably accurate transcription of the Iowa City council meeting of August 29, 1995. F082995 #18 page 3 of this community through their elected representatives or through citizen signature initiative petition process, either one, have the right to determine what goes on our ballot. Now we can make mistakes, we can make silly choices in the long run, we can do all sorts of things wrong but we ought to be very clear that we have the right to do that. And I would hope that the council would adopt this measure tonight. We can discuss the particular names on it. But I would hope that council would adopt this particular measure tonight saying this is our position, we believe this, and if the County Auditor or State Attorney General disagree they will go on record. They have said this informally. I think they are quite prepared to do it formally and once that happens we can come back together again and talk about how far you want to pursue this in this forum and any other forum. The County Auditor, to his credit, has offered alternatives and we can talk about those alternatives in general. But at this moment I think we ought to proceed with this resolution as our first choice and then discuss alternatives when necessary. Horow/ Any other discussion? Lehman/ Yes, I concur with you Larry. I guess we have talked about this before. If, in fact, this is something that will enhance voter turnout for our council election, I think it is legitimate. On the other hand, if the County Auditor and State Attorney General, whatever, deems this is not legal, I would not favor spending one nickel of the city's money pursuing it any further. Baker/ Keep in mind that we haven't spent a nickel. Lehman/ No, I know that. Kubby/ Well, we have spent staff time which is money. Baker/ But we did that discussing whether or not to give the Jaycees $1,000 for fireworks. We spent staff time doing that, too. I mean we spend staff time all of the time and Ernie, the question of is it a legitimate city expense is a key question and I think we will have to talk about that. Nov/ I had an interesting phone call. A very quiet gentle lady who protested this idea based on the fact that presidential elections are partisans and city elections are non-partisan and combining the two of them is not good for the reputation of the city and maintaining our non-partisan status. And I This represents only a reasonably accurate transcription of the Iowa City council meeting of August 29, 1995. F082995 #18 page 4 felt she had a legitimate concern and this kind of concern, if it were truly on the ballot, would be very difficult. Baker/ I can certainly respond to that but I don't know that- Horow/ I mean I feel like responding that that-because of our non- partisan government that we are so proud of that we would have better profile in having this particular straw poll. It certainly would be better than what our sister city did in tel-ms of recent straw poll where people were truoked in who did not preside there. Nov/ I have to say that had nothing to do with the city government. That was a political party- Horow/ No, it does reflect on the city. It reflects on the city and I think I think the people who would be taking part in this because obviously they can only vote if they (can't hear). It was very interesting the way that person would take this. I would take this in the opposite way. Nov/ This was a person who felt strongly that non-partisan government and partisan government should not be intermingled and I said okay, I will bring this up for discussion. Baker/ I want to emphasize again this is an advisory ballot. It is not binding in the sense we do not choose these people. This is an expression of sentiment at this time and I would again, as I was talking last night, you don't just do this in a vacuum. It is in the context of a debate about this relationship between federal and local governments. And there are all sorts of things we could have done or might still be able to do to generate that sort of discussion. Nov/ And I understand all that. I also understand that it could be a list of federal finance issues rather than people. All kinds of things are potentially a city concern and particularly a city government concern which may not be partisan. Baker/ Again, the list is everybody that we can think of that is appropriate for this. It is not just parties. Nov/ And the main reason that we should consider voting on this kind of thing is the fact that somebody told us that we aren't allowed to do it and the fact that a city government with a Charter has been told that they are not allowed to put something on the ballot is a bit disturbing. Thisrepresents onlyareasonably accuratetranscrlptlon efthelowa City councilmeetlng of August29,1995. F082995 #18 page 5 Baker/ To sort of explain the Attorney General's position is unless it is specifically written into your Charter, you don't have the authority. It is not prohibited so much as authorized and that is a key difference. Nov/ Well, the state law authorizes the following items for a city election and it is a very narrow list. Horow/ Any other discussion? Roll call- Throg/ Well, I thought I heard Karen. Nov/ You did. I heard Karen wanted to talk also. Kubby/ Yeah, I do and for me the whole issue has shifted because it has been told to us that it won't be accepted by the County Auditor. It won't be seen as legal. So, for me, what we are really talking about is not about CityVote or the issues around CityVote. We are talking about a Home Rule question and there are lots of Home Rule battles to be fought in the State of Iowa and there are lots of local ways because the original intent of all of this was to say let's increase participation in local elections and there are many ways to do that. I guess if circumstances were different I would prefer to say the value behind CityVote is increasing local turnout and then to say what are ways the city can get involved in doing that although I think it is kind of challenging when there are a majority of council seats that are going to be filled to have the city be involved. But there are lots of things that city can do that are very creative and that I am not sure, for me, I am hearing people say not just Ernie but last night I heard other people saying I don't want to spend any money or more staff time on this once we are told officially no. So I think it is kind of a half baked way to deal with this issue and our City Attorney has told us that this is kind of a weak legal argument using this strategy. That there is another way that our legal argument to get to this same battle about Home Rule and that is encouraging the community to do a citizen initiative. That is a lot more strenuous to make to get it on the ballot and I just-I just don't feel like-We know that we are going to get rejected. We-I know that there is some sentiment on council to not spend money on this once we are told no. I just don't understand why we should go through this process. I am, at this point, not supportive of the resolution even though I agree with the Home Rule issue. I think there are lots of them to fight and different ways to go about it. This doesn't seem very strong to me. Thisrepresents only a reasonably eccuratetranscriptlon ofthelowa City council meeting of August 29, 1995. F082995 #18 page 6 Lehman/ A lot like the pesticide ordinance. Kubby/ To beat the date, the deadline. Baker/ Let me see if I understand your concerns, Karen. Is the concern with the conflict between the city and state over Home Rule or is it concern about even if this were legal concern that the CityVote Project is inappropriate? Is that clear? Kubby/ I don't know exactly how I feel about CityVote. I think it is a really complicated thing and actually when it says at the meeting of August 15 that council directed staff to prepare a resolution, I didn't know that I was agreeing to that when I said yeah, I am interested in this idea. And so, I think the issue is more complicated than it seems and that there is a lot of community sentiment out there that I have received over the past two weeks from people that I don't normally interact with. It is not my circle of friends or people that I work with saying straw poll, I am not interested. And so that made it seem more complicated to me because my gut reaction was of course put something on the ballot to let people talk about it. So, I don't know how I come down specifically on City Vote. I do have some concern about-The intent I agree with. Getting more people, that is what I do all of the time is to try to get people involved. But it seems a little contradictory to have national people and national campaigns coming in to convince people to vote a certain way in a straw poll to get people involved who have-That whole process has taken away focus on local issues by local people who we are going to be electing. So it really-I don't know what my thoughts are in conclusion of that. But those are the kinds of thoughts that time and more discussion might help me sort out. But then I realized last night that the real issue for me in front of us at this moment is not about putting CityVote on the ballot in the form that was presented to us. It is a shift-the issue has shifted for me. Baker/ I do remember something-I first response was. Let's voter turnout. think this is what you said, your go for it, anything to increase Kubby/ Right and I guess-because our normal process is you bring an idea to council. Then a majority of people interested in thinking and talking about it. We have it at an informal meeting and then we decide if we are going to do something official. Even though I made those statements and I don't disagree that I made them, you say things and sometimes you This represents only n reasonably accurate transcription of the Iowa City council meeting of August 29, 1995. F082995 #18 page 7 don't think before you speak and I didn't know that I was saying I am ready to do this officially. Baker/ And sure, in an ideal situation we would have had much longer to do this. But we did have-When I saw the Newsweek article a very narrow time constraints and that particular concern about how-when you introduce national issues into a local environment, how does it affect the local environment debate is an extremely serious question. It is a question that I think is not unique to Iowa City, did not certainly originate here and has been debated at length in the other cities that have chosen to deliberate this, I mean to participate in this project. So Like I said, there are very reasonable responses to a to of these concerns and we can talk about those at length in other forums in other ways. But this will indeed generate more interest in people getting to the polls. And then it places an obligation on the part of the city government and the city council that the candidates, the press to make that connection between what are we talking about in this race. One of the things, regardless of whether we do the CityVote, one of the things that candidates have got to be talking about, is if we lose a million dollars over the next two or three years, what are you going to do. Are you going to cut, are you going to increase taxes, you going to shift things around. What are you going to do? Kubby/ But that's not the issue for me right now. And it may be still for most on council because this resolution will not put CityVote on the ballot. We've been told that. And so if we're interested in CityVote, we should talk about other ways to make CityVote happen. But this resolution's intent for me is to provide the basis for a legal battle about that home rule question. I think it's, our city attorney's told us it's a weak position. I'm not interested in. Baker/ There are degrees of strength on this issue, you now, which issue do you choose to debate. And I don't want to speak for Linda. Nov/ I would like to give Linda a chance to speak however. ' 9 Baker/ Sure. I mean, Linda, do you want to, what's the question. Woito/ Anybody, yeah, anybody else want to jump in before I do. Horow/ I guess I would like to jump in and say that I have become more than luke warm. I have become very very supportive of Thisrepresents only a reasonably accuratatranscriptlon ofthelowa City council meeting of August29,1995. F082995 #18 page 8 this. I think there is definitely a connection between the national and the local scene in having those people who normally would come out just for national candidates be more aware through the newspapers and the media of the connection between local candidates and national issues. And I can't fault that. And I think, we talk about the state being angry with the feds in terms of primacy, well frankly I'm a little bit angry with the state for their withholding this ability for us, for our flexibility. And Karen, I guess I see this, you know, I recognize your historical ability to protest whatever it is that you find not acceptable. In my way, I find this particular aspect of the Charter to how we could something on the ballot, I accept that. I think putting this resolution to the test, having it come back, saying you can't do this-We are challenging- Kubby/ The City Attorney told us last night that a stronger legal argument is a citizen initiative so an organization to start a citizen initiative. Horow/ Karen, I guess what I'm saying is, this is the first step. If the because of our steps citizens would take them, then I would get right behind them. And I guess for me, it is a positive action on the part of council rather than just waiting to see what happens. We're making (can't hear). Throg/ Could I ask a practical question? We have a resolution, so we can vote it up or down. Woito/ Correct. Throg/ Let's say we vote to approve the resolution, and then ask the auditor to certify the ballot. Are there any down sides to the fact that he will refuse to certify it? And we understand that he will refuse to certify it. Are there any adverse implications associated with it? Are we goin9- to be hurt in any fashion by a simple act of approving the resolution and having him refuse to certify the ballot? Woito/ No, other than the practical of doing something that you know is going to be futile. Except it won't be entirely futile because you will have made a statement about what you believe is a First Amendment right the US Constitution and the Iowa Constitution to present issues to your electorate at a city election. And you will be focusing some attention on the First Amendment and local home rule and home rule authority in our charter, etc. As opposed to the attorney general and, you Thlsrepresentsonlyareasonablyaccurntetranscriptlon ofthelowa City councilmeeting of August29,1995. F082995 #18 page 9 know, I would like to go through some of my legal thinking, but. Throg/ Let me ask you the following question. Woito/ But in terms of effecting the election, your attempts will be futile because it will not be placed on the ballot. Baker/ The other ballot will not be affected. Woito/ Right. Throg/ Some other action- Woito/ So my concerns about protecting the integrity of your city election are not high. I mean, they aren't raised. Throg/ I understand. I also understand that the resolution before us that you changed it when you drafted it for us last night. You changed it in order to strengthen our hand should we choose to make the First Amendment case for it. Woito/ Correct. Yes, I did. Throg/ Thank you for (can't hear). I guess I'm willing to support the resolution on those grounds given the fact that there might be merit in pursuing First Amendment. I do not expect it to be approved or certified, the ballot certified by Tom Slockett. And I also would have many more questions to ask about what we actually will do if anything once we discover that Slockett can not certify it and then the questions would have to do with, first of all, whether CityVote or an approximation of it is, in fact, a good or the best way to increase participation in local election. And then secondly what the likely implication might be for made in a local election here. In other words, what effect would it have on the attention that council candidates get and on what they have to talk about, and the attention of what they say. What effects would it have on the attention given to what they actually say. Horow/ Anyone else? Baker/ I have to answer the first question very quickly. Is this the best way? No. Is it a good way? Yes. It's the best way because it's a one time thing. It's not something you can consistently rely on to increase voter turnout. Thisrepresents only areasonably accurate transcription ofthelowe City council meetingofAugust 29, 1995. F082995 #18 page 10 Woito/ Well, there are better ways. Nov/ There are better ways to increase voter turnout. There's no question about that. And that's not the basic issue. Baker/ That's not the basic issue. Horow/ Any other? Pigott/ Yeah. I support the CityVote idea. It's interesting that Attorney General- But one of the thing's that I really like about it is it brings national campaign's down to the local level. I understand there's concern about, and I am concerned about, it affecting the election. I do think there is that connection between the local election's important. I support the CityVote because I think it's an important way to get the candidates to answer some of the concerns the cities have. And I'm willing to support the resolution on the First Amendment grounds that Jim mentioned. But beyond that I think we need to discuss what we'd do once that happens, in terms of not only what next steps in terms of the CityVote but also what about a legal challenge. I mean is it worth it. Do we go for it for long? Those are all questions which are nebulous but in terms of the cityVote and this resolution (can't hear). Baker/ One more thing I'd like to say, Bruno said the advantage of having access to this long, it's an 80 page document put out by the CityVote people. If we had two copies, I just thought I'd mail one to Karen, I mentioned to you the other night. Horow/ I'd appreciate it if you'd read it. Baker/ Yeah. It's the history. It's the legal, what they consider the legal background, the legal justifications for it and what they consider the legal issues. And the benefits to participating cities. It's a very thorough document. you can disagree with it, but it's at least their position, a position which I strongly agree with. And it's available. Kubby/ So I assume that's what I'll get passed or read at some point. Baker/ Marian's got a copy. Linda's got a copy. Karr/ I've got a copy too. Woito/ Mine's marked up. This represents only a reasonably accurate transcription of the Iowa City council meeting of August 29, 1995. F082995 #18 page ll Baker/ And Tom's has it sitting around back. Karr/ But I can get copies. Baker/ So I'd be glad to let you have it when I get it back. Horow/ Anything further? Nov/ I'd like to hear if Linda's for or against. Woito/ Well I think you understand that whatever concerns I might have about you going ahead and voting on something that there are a number of questions, legal questions about the ramifications about it, knowing that it's not going to go anywhere means that I'm not going, I'm not as concerned about protecting the integrity of the election, because it will not be on the ballot. And I think you understand that there are two ways that you can present a public measure for consideration on the official ballot. It's either by virtue of substantive laws such as the library levy. In this case the only substantive law that you can would be relying on would be the Iowa Constitution and the First A~mendment to the US Constitution. Your second basis is the home rule authority which the Iowa Supreme Court has not yet been asked the question whether cities can present advisory straw poll ballots to their electorate. that has yet to be decided by the Iowa Supreme Court and there's no federal court and there's no Iowa law prohibiting advisory ballots. And so with that in mind, I will probably save my discussion for after the refusal of the county auditor when you come back and decide what you want to do. Baker/ It may be that you don't need to pursue that in depth research of those issues because there may be alternatives that we can do that are- Again, the important thing is time right now. If we could resolve this legally get something on the ballot when, get it on the ballot by November 7, that would be my first inclination. But if time is a problem and there are other alternatives, let's work on the alternatives so we can talk about it. Horow/ I wanted to ask you something. W0ito/ The fastest way to get the legal issues narrowed would be to amend your charter, to provide in the charter for initiative and referendum for advisory ballots. Thisrepresents only s reasonably accurate transcription oftbelows City council meeting of August 29, 1995, F082955 #18 page 12 Baker/ As far as this particular election? Karr/ You don't have time for it. Horow/ But the CityVote, this is not the first year that this was voted. Has CityVote been in the process for many years? Baker/ They've been working on it for three years. This was the first year that they have actually got the network together, the cities involved. They've got about 5,000,000 people who are eligible to vote in this thing now. Horow/ What are there projections for future years, did you see? Is it continuing? Baker/ A national urban primary. Horow/ In effect, if we on objection, decided to challenge this and eventually went to the Iowa Supreme Court, then the potential would be, if we won, that we would be able to participate in future years. Isn't that right? Woito/ Yes. Horow/ We need to start somewhere. Woito/ Yes. Horow/ And just the resolution being rejected, we would use it as the basis of upon going forward to challenge that law. Woito/ That will get you talking about what you wanted to- Horow/ Without sending the resolution, we really can't start the mechanism for challenging the law. Is that what I understand? Woito/ No. Horow/ We can challenge it without starting a resolution? Woito/ You mean challenging the attorney general's opinion? Well, in a way, if you were to try and get an initiative going without changing our charter, Tom Slockett indicated he would put that on the ballot, and maybe I have just talked myself out of that, because if it were legally challenged, I don't want four council offices sitting vacant January 1 when you're sworn in. I mean if it would interfere with the integrity of This represents only a reasonably accurate transcription of the Iowa City council meeting of August 29, 1995. F082995 #18 page 13 the ballot after Tom Slockett put it on, I would caution in some ways. Baker/ There is some, I don't know if it's word, but between the attorney general about what he would be comfortable with. disagreement is the an Tom's statements Woito/ Right. Baker/ And how you read some of the attorney general's statements. Woito/ Right. Baker/ They wouldn't be comfortable with same thing that he'd be comfortable with. Woito/ And I think you can make the argument and if all seven of you are very articulate, and I assume you would make the articulate it, that there is, it seems to me the city council ought to be deciding what is a local affair, and therefore I strongly agree with the attorney general in saying this is not a local affair. I think that's up to the council to decide that in terms of home ruleo But I would feel more comfortable eventually if we had more basis for that. Horow/ All right. Is there any further? Roll call. Resolution's adopted, Kubby voting no. Thisrepresents only a reasonablyeccuratetranscrlptlonofthelows CIw council meeting of August 29,1995. F082995 Agenda Iowa City City Council Regular Council Meeting August 29, 1995 Page 16 ITEM NO. 19- qs-' 2~c CONSIDER A RESOLUTION SETTING SALARIES FOR CITY MANAGER, CITY ATTORNEY AND CITY CLERK. Comments: This resolution sets the salaries for the City Manager, City Attorney and City Clerk. All three Council appointees were evaluated during Council executive sessions held on August 17 and August 24, 1995. ITEM NO. 20 - ADJOURNMENT. /~ .' ~/~ City of iowa City MEMORANDUM DATE: TO: FROM: RE: August 25, 1995 City Council City Manager Work Session Agendas and Meeting Schedule August 28, 1995 6:30 P.M. 6:30 P.M. 7:15 P.M. 7:25 P.M. - 7:50 P.M. - 9:15 P.M. - 9:30 P.M. - 9:35 P.M. - 9:45 P.M. - August 29, 1995 7:30 P.M. - September 5, 1995 7:00 P.M. - September 11, 1995 6:30 P.M. - September 12, 1995 7:30 P.M. Monday City Council Work Session - Council Chambers Times approximate Review zoning matters Housing and Community Development Commission Bylaws Broadway Street Housing Project Update Economic Development Policies, Strategies, and Action Presidential Straw Poll Sidewalk Cafes Council agenda, Council time, Council committee reports Consider appointments to the Housing and Community Development Commission Tuesday Regular City Council Neeting - Council Chambers Tuesday City Council Work Session - Council Chambers Meeting with representatives from University Heights a. Melrose Avenue Project b. Neuzil Tract c. Other business Monday City CouncilWork Session - Council Chambers Tuesday Regular City Council Meeting - Council Chambers PENDING LIST Appointment to the Historic Preservation Commission - September 26, 1995 Appointments to the Riverfront and Natural Areas Commission - October 10, 1995