HomeMy WebLinkAbout1995-09-12 AgendaIOWA CITY CITY COUNCIL
AGENDA
REGULAR COUNCIL IVIEETING OF SEPTEMBER 12, 1995
7:30 P.M.
COUNCIL CHAIVlBERS, CIVIC CENTER
410 EAST WASHINGTON
AGENDA.
IOWA CITY CITY COUNCIL
REGULAR COUNCIL MEETING - SEPTEMBER 12, 1995
7:30 P.M.
COUNCIL CHAMBERS
Subject to change as finalized by the City Clerk. For a final official copy, contact the City
Clerk's Office, 356-5040.
ITEM NO. 1 - CALL TO ORDER. ~'~'~'~
ROLL CALL. RESE~N ED
ITEM NO. 2 - ' CONSIDER ADOPTION OF THE CONSENT CALENDAR AS P OR
AMENDED.
Approval of Official Council actions of the regular meeting of August
29, 1995, as published, subject to corrections, as recommended by
the City Clerk.
b. Minutes of Boards and Commissions.
(1) Human Rights Commission meeting of August 28, 1995.
(2) Board of Adjustment meeting of Augus;~ 9, 1995.
c. Permit Motions as Recommended bv the City Clerk.
(1)
Consider a motion approving a Class "C" Liquor License for -
I.C.B.B. Ltd., dba Brown Bottle Restaurant, 115 E. Washington
St. (Renewal)
(2)
Consider a motion approving a Class "E" Beer Permit for
Randali's International, Inc., dba Cub Foods, 855 Hwy 1 West.
(Renewal)
(3)
Consider a motion approving a Class "E" Liquor License for
Randali's International, Inc., dba Cub Foods, 855 Hwy 1 West.
{Renewal)
(4)
Consider a motion approving a Class "C" Beer Permit for Dan's
Short Stop, Corp., dba Dan's Short Stop, Corp., 2221 Rochester
Ave. (Renewal)
Consider a motion approving a Class "C" Beer Permit for T & M
MiniMart, Ltd., 2601 Highway 6 East. (Renewal)
Agenda
Iowa City City Council
Regular Council Meeting
September 12, 1995
Page 2
Setting public heari~
(1) CONSIDER¥SETTING A PUBLIC HEARING ON SEPTEMBER 26,.
1995, ON AMENDMENTS TO CITY CODE TITLE 2, HUMAN
RIGHTS ORDINANCE, CHAPTER 2, SECTION 2-2-2 and 2-1-I(J).
Comment: On August 28, 1995, the Iowa City Human Rights
Commission voted unanimously to recommend to Council that it
adopt these amendments. The first amendment provides the
Human Rights Commission with the authority to issue subpoenas
and order discovery in cases involving allegations of discriminato-
ry practices. The subpoena power was previously granted to the
Commission, but in recodification of the Ordinance, it was
omitted. The second amendment adds language to the definition
of sexual orientation. A draft of the minutes from the August 28,
1995, Human Rights Commission Meeting is included in the
packet.
(2)
CONSIDER A RESOLUTION SETTING PUBLIC H~.EARING FOR
SEPTEMBER 26, 1995, ON PLANS, SPEClFI.[.GA-TrONS, FORM OF
CONTRACT AND ESTIMATE OF COST.~,F01~ CONSTRUCTION OF
THE IOWA CITY LANDFILL...~6 CELL CONSTRUCTION
PROJECTI ~ ......
Comment. Th' ~ tp c will pros e ov~de an ad..ditional call at the
landfill. Th~,c'11'~s e isdesigned~ ,. t m, eat, a!l sta,,t_e_.,and federal
ragulat, ~ ' t' I'ner~n Id eachate olc lectionsystem.
E.gin" ' t t'~ ste ,mate is t~1,000,000. Funding
-f" th' ' t '11 b 'd~d by landfill revenues.
e. Resolutions.
(1) CONSIDER A RESOLUTION APPROVING DISPOSITION PLAN
APPLICATION FOR 1926/1946 BROADWAY STREET.
Comment; The Disposition Plan, if approved, authorizes the sale
of 18 three-bedroom units located at 1926/1946 Broadway
Street to HACAP to be used for their Transitional Housing
program. This Disposition Plan must be considered by HUD and
does not bind the Iowa City Housing Authority to sell. Funds
from the sale would be used to provide additional Public Housing
units in the community.
ITEM NO. 2-
d.
(2) CONSIDER A RESOLUTION SETTING PUBLIC HEARING FOR
SEPTEMBER 26, 1995, ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT AND ESTIMATE OF COST FOR CONSTRUC ]'ION OF
THE IOWA CITY SANITARY LANDFILL FY91 COVER AND FY96
CELL CONSTRUCTION PROJECT
COMMENT: This project will include constructing an additional cell on
the west half of the landfill as well as placing the final
cover on the FY9'I cell. Both the new cell and the final
cover on the old ~ell will be constructed in accordance
with all federal and state regulations. The Engineer's
estimate for this project is $1,800,000. Funding for this
project will be provided by landfill revenues.
Agenda
Iowa City City Council
Regular Council Meeting
September 12, 1995
Page 3
(2) CONSIDER A RESOLUTION APPROVING COMPREHENSIVE
IMPROVEMENTS ASSISTANCE PROGRAM {CLAP) BUDGET.
Comment: HUD has notified the Iowa City Housing Authority
that 1995 ClAP funding has been authorized in the amount of
~ 133,287. The Iowa City Housing Authority is authorized to use
these funds for replacement of items in the Public Housing units
that have reached or are about to reach the end of their useful
life. Budget submittal deadline to HUD is September 15, 1995.
(3)
CONSIDER A RESOLUTION AUTHORIZING APPLICATION bN
BEHALF OF THE CITY OF IOWA CITY WITH THE U.S. DOT FOR
A GRANT UNDER SECTION 5307 (FORMERLY SECTION 9) FOR
TRANSIT OPERATING AND CAPITAL ASSISTANCE FUNDING
FOR FY96.
Comment: JCCOG is preparing the annual Federal Transit
Administration (FTA) Section 5307 application on behalf of Iowa
City Transit.' Funding in the amount of 9264,992 is being
requested for FY96 transit operations. FTA and State Transit
Assistance funding provides approximately 16% of Iowa City
Transit's operating funds. FTA capital funding in the amount of
$34,342 is being requested for the following projects: purchase
snow plow blade and sand spreader for service truck; purchase
replacement brushes for bus wash at transit building; garage door
rehab/improvement at transit building; and purchase a brake
machine and a portable hoist/lift for transit garage.
(4)
CONSIDER A RESOLUTION ACCEPTING WORK FOR THE 1994
CURB RAMP PROJECT.
Comment: See Engineer's Report.
Correspondence
(1) Letter from Pamela Bleckwenn regarding doer-to-door soliciting.
(2) Letter from Richard F. Houston regarding the proposed straw
poll,
(3) Letter from Johnson County Department of Public Health
regarding the Adult Day Program.
(4) Memorandum from the Traffic Engineer regarding parking
prohibition on the west side of the 100 block of South Summit
Street,
City of Iowa City
MEMORANDUM
To:
From:
Date:.
Re:
Mayor, City Council and General Public
City Clerk
September 12, 1995
Additions to the Consent Calendar
Item No,2f(5)
Item No.2f(6)
Item No,2f(7)
Letter from Carl Beyerhelm regarding City Vote.
Letter from National Voting Rights Institute regarding City Vote.
Letter from Johnson County Auditor regarding placing straw poll
on the ballot.
Item No.2f(8) Letter from City Vote regarding the straw poll.
Agenda
Iowa City City Council
Regular Council Meeting
September 12, 1'995
Page 4
g. Applications for Use of Streets and Public Grounds.
App!ication from Kathy Quigley for qse of public sidewalks to
offer poppies for donations to benefit veterans on September 8
and 9, 1995. (approved)
(1)
Application from Iowa City Road Races, Inc., to close Linn Street
between Washington and College streets on October 29, 1995,
for the awards ceremony and post-race party. (approved)
(2)
(3)
(4)
(5)
Application from Sue Newton for the use of the 1200 block of
Ginter Avenue for a block party on September 9, 1995, with a
rain date of September 10. (approved)
Application from Sue Schuster for the use of Ealing Drive
between Wrexham Drive and Cardiff Circle for a neighborhood
party on September 4, 1995. (approved)
Applicatio. n from David Curry for use of a portion of Bristol Drive
for a block party on September 4, 1995. (approved)
(6)
Application from the Johnson County Coalition for Persons with
Disabilities for use of public sidewalks on September 16, 1995,
for a Travel-A-Thom (approved)
(7)
Application from Friends of the Iowa River Scenic Trail, Inc.
(FIRST) for use of public streets on September 1 O, 1995, for a
Bike & Hike. (approved)
h. Applications for City Plaza Use Permits.
(1)
Application from Rebecca Thomas for permission to set up a
table on September 8 and September 15, 1995, for the purpose
of distributing information about her church. (approved)
(2)
Application from Billy HowelI-Sinnard for permission to set up a
table on September 10, 1995, for the purpose of distributing
literature regarding the Spiritual Assembly of Baha'is. (approved)
(3) Application from Jacqueline Gharib for permission to set up a
table on September 9 and September 30, 1995, for the purpose
of distributing information and soliciting donations for women's
organizations in Central America. (approved)
#2 Consent Calendar page 1
ITEM NO. 2 - CONSIDER ADOPTION OF THE CONSENT CALENDAR AS
PRESENTED OR AMENDED.
Nov/ And we have amended. It has been moved and seconded
(Throg,Lehman). Is there any discussion?
Kubby/ Yes. I would like to remove item 2e(1) that is on page 2
about disposition plan for Broadway Street for separate
consideration.
Nov/
Do we have any objections~ We don't need to vote on that, do
we? Okay. Is there any other discussion? All right. All in
favor of the consent calendar- Roll call- (yes). Okay. Now,
item 2e(1) is a resolution approving the disposition plan
application for 1926-1946 Broadway Street and we need a motion
to approve that.
Kubby/ I had asked this be put out for separate discussion because
I am on the Board of HACAP and even though the City Attorney
said it is not a conflict, I feel uncomfortable because I hold
the interest of the City and HACAP in mind when I make
decisions on both bodies.
Nov/ Okay, so you plan to abstain?
Kubby/ I shall be abstaining.
Nov/ Okay, roll call-
Woito/ Did you get that motion.
Karr/ Lehman/Throg.
Nov/ (Roll call-yes).
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F091295
Iowa City City Council
Regular Council Meeting
· September 12, 1995
Page 5
ITEM NO.
3 - PUBLIC DISCUSSION (ITENIS NOT ON THE AGENDA).
PLANNING AND ZONING MATTERS.
ITEM NO. 4-
Public hea~ing 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 ID-RS,
Interim Development Single-Family Residential, to RM-12, Lo~)~
Density, Multi-Family Residential. (.EZ95-0012~
Comment: At it.s August 3 meeting, by a vote of 5-2, with Scott and
Starr voting n(~, the Planning and Zoning Commission recommended
denial of the requested rezoning. The Commission's recommendation
is inconsistent with the staff recommendation to approve the rezoning
subject to a conditional 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 commis-
sion revises its recommendation, it will be available for the public
hearing.
#3 page
ITEM NO. 3 - PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA).
Nov/ Anyone who has any items to discuss that are not on today's
agenda, please sign in, please state your name.
Harold Engen/ I am the Chair of the Senior Center Commission. I
have been a member of the S.C. Commission for three years and
this will be probably my last appearance before you as I will
not be seeking re-election to that particular post. I have
enjoyed the time and I have enjoyed meeting each of you and
talking to you and I have always tried to bring you the actual
facts of what was going on at the Senior Center. I do have-I
have had fun putting this together because we have got our
14thAnniversary coming up. Let me read what I put down (reads
handout-The Fourteenth Anniversary of The Senior Center). This
Friday we are going to have our 14th Anniversary and we are
going to have a program from 5 to 7. I hope some of you will
be able to attend. The Voices of Experience is going to sing.
They are going to kind of set the stage for our program. They
are going to start singing from South Pacific, WWII. And then
you will recall our presentation of the WWII 50th Anniversary.
Completion of WWII is an outstanding month long program. Well,
our Senior Center television filmed that and edited all of
those down to 45 minutes, entered that and received a national
award for that. I am very proud of that. Let me tell you one
thing they may be coming after you after I leave the
Commission and that is-You have heard the good news. You
didn't think I would come here without at least giving you a
warning of what might take place in the future. We ~re going
to have a continuing problem with handling the television
capabilities because we are at present only allowed to have
persons in there that are $6.00 an hour people. They are
dedicated, they are good people. We lost one. We have replaced
him. We had another one come in and all of a sudden he wound
up in Chicago or California or some place. We don't know where
he is. We are now hiring another one. We do have Robert
Norris, 70 some year old person that does know the equipment
and he is going on vacation for about 5-6 weeks. So we are
going to be without particular help there. I just want you to
start considering that this particular part of our staff
really needs some professional help and I want you to at least
consider that and to think very seriously about it. Thank you
for having me here this evening and for having me on the
Commission.
Nov/ Congratulations on your 14th Anniversary.
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F091295
#3 page
Engen/ If you have any questions I would be glad to answer. Thank
you.'
Nov/ Is there anyone else who would like to talk to council? Okay.
We will move onto P/Z matters.
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F091295
#4a page 1
I~EM NO. 4a.
Public hearing 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 ID-RS,
Interim Development Single-Family Residential, to
RM-12, Low Density, Multi-Family Residential.
(REZ95-0012)
Nov/ The p.h. is open. Is there anyone who would like to discuss
this topic?
Chuck Mullen/ I am here as counsel to CB Development, the
applicant. As you know, after our discussion at the informal
meeting, the disagreement between my client and the staff and
P/Z relates to the specific language of the CZA they have
requested. That agreement has essentially four conditions, one
of which I have to confess we don't find objectionable. We
believe it is probably an appropriate condition and that is
the condition dealing with the limitation on the access to the
site. That is certainly one the city has the right to impose
in our view. The second condition that we don't disagree with
in principle but disagree with the language in the CZA is the
condition concerning the landscaping to buffer the site. We
don't necessarily believe that it is the obligation of the
residential site to buffer itself from industrial uses but I
suspect for our own good we probably want to do that. So that
is a condition that I think my clients would accept if the
condition were spelled out so we understood exactly what is
meant. If it had some objective criteria. If you tell us what
it is we are agreeing to do, we might very well agree to do
it. The next two conditions, however, we find totally
unacceptable. Those two conditions we feel are totally
arbitrary. They don't give us any clue about what it is were
are going to be expected to do if we agree to the conditions
other than waive all of our rights with respect to the
standards that you have got in your ordinance already that
tells us how we have to develop this site. What the agreement
simply says is if you want rezoning, you have to agree to
waive all of your rights, the rights that other people have
under this zone, that to comply with your rules and to have
the project go forward. That with you folks we have decided it
is going to be up to the city to design your project and if we
don't like your design we don't have to approve it. If we
don't approve it, you don't have any rights to object because
you waived them in writing as a condition to the approval of
rezoning. We think that is an unreasonable condition and there
are two of them in there. One with respect to the total
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F091295
#4a page 2
concept of the site and one with respect to the internal
traffic patterns for the site. As I told you at the informal
session, we find those two conditions totally unacceptable. We
think they are arbitrary and capricious. We think they are
illegal. We don't want to stand in front of you being in a
position of not willing to compromise. We just believe that
the conditions that the staff has suggested be imposed are
unreasonable and if you have any questions of me, I will
attempt to answer them.
Kubby/ Did you talk with your clients about the possibility of an
OPDH-12 zone so that we are both more comfortable with the
process in getting at the same issues?
Mullen/ Yes, I did discuss it with them, Karen and I think their
position would be my position. The OPDH zone is typically one
where the developer is seeking concession and as a quid pro
quo for that is willing to subject itself to essentially the
same kind of control that this condition in the CZA would
subject you to. If you want the concessions you have to agree
to our requirements. We are not looking for any concessions.
All we are looking for is to be able to develop the site in
compliance with the comp plan under a zone we believe to be
reasonable, under the zone the staff has said they would
support. Staff in their first report indicated the concerns
that the con,mission was raising would be more appropriately
dealt with in your site plan review process. That is what it
is there for. That is what you passed that particular section
of the code for. To free the council from the kinds of things
we are talking about right now. So no, we are not interested
in a zone that would essentially subject us to conditions that
could be imposed by the council because we are not seeking any
special treatment here.
Throg/ I guess I would like to kind of restate something that I
said last night. Whenever there is a CZA agreement, that can
only occur when there is literally an agreement between the
developer and the City and if you presenting CB Development do
not choose to enter the agreement then there is no agreement
and we are just faced with a different situation that we have
to act on the basis of that. We are certainly not in a
position of trying to compel you to enter into an agreement.
At least I am not.
Woito/ And I don't recommend it.
Mullen/ I would like to point out one other thing as I pointed out
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Fog1295
#4a
page 3
last night. Given our currently zoning classification, there
is absolutely nothing we can do with this site. It has
absolutely no use under your ordinance. That makes it
absolutely worthy by reason of your regulation. I think that
is a taking.
Woito/ I recommend that we continue the p.h.
just continue the p.h.
There is no action,
Nov/ Anyone else who wants to address council on this topic? Can we
have a motion to continue the p.h.?
Moved by Kubby, seconded by Pigott.
Karr/ Can we have a motion to accept correspondence?
Throg/ So moved.
Kubby/ Second.
Nov/ Moved and seconded to defer (Kubby/Pigott). It has been moved
and seconded to accept correspondence (Kubby/Throg). All in
favor say aye (ayes). Opposed-
Lehman/ Which one was that?
Kubby/ Correspondence.
Nov/ Well, do we need another vote? Okay. That was correspondence.
Throg/ We didn't do the all opposed.
Nov/ I said opposed. Did anybody answer me? Okay.
Kubby/ I would like the City Attorney to, in a written form,
briefly respond to Mr. Mullen's comments about the current
zoning being a taking and the two conditions that he outlined.
Woito/ And also, in the meantime we hope we can make some movement
in clarifying what was going on at staff and P/Z before it got
to you. We haven't even seen the minutes and the vote does not
altogether make sense.
Kubby/ So if that language of the CZA can be more specific-
Woito/ The one that was at P/Z on the vote that they had last isn't
even in front of us. So it is really more complicated than it
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needs to be. But anyway- I will address the question.
Baker/ And in that letter could you also briefly discuss the
genera]. requirement. What is our obligation to any application
for a change in zoning? Are we obligated just because they
have applied for a particular zoning? What is our obligation
to honor that request?
Lehman/ What I would like to see the staff initiate some
conversations in this period before the next hearing with the
Barkers to see if there isn't something that we can work out
that is mutually agreeable. I can't believe that we can't put
together something that will work for all of us.
Woito/ We are working on that.
Throg/ It is also worth noting we did receive a letter from a
representative from 0aknoll Neighborhood Association and they
have a point of view to be expressed and somehow that point of
view should be part of that conversation.
Nov/ Okay, anymore discussion?
Kubby/ You know, that question that Larry asked, it seems like a
complicated question because it is different if there is an
underlying zone that allows something to be built and the
question may be answered differently, maybe not, when it is an
interim development. That it has to be rezoned before
something can happen unless you have a big enough acreage to
have one house on it that is RS.
Woito/ There are at least three different questions.
Throg/ It is also a left over outlot from prior subdividing, I
think, and I don't understand exactly how that happened and
how that affects the issues.
Woito/ Okay, will do.
Nov/ So, all in favor of having this hearing continued to September
26, say aye (ayes).
Throg/ Naomi, before you go on, may I make a short comment about
the CityVote motion? Last night for some of you who were in
the audience, you might know that I expressed an intent to
make a motion with regard to the CityVote resolution. I was
going to move that we reconsider it. I indicated to the
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#4a page 5
council and whoever else was here last night that I was going
to do that immediately after the public discussion period
tonight. I have chosen not to do that. In fact- Well, the
motion to reconsider will not occur until the county attorney
arrives and that won't happen until after a little after 8:30.
So if anybody was interested in that particular issue, I just
wanted you to understand about the timing. So- Thanks.
Nov/ Okay.
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F091295
Agenda
Iowa City City Council
Regular Council Meeting
September 12, 1995
· Page 6
b. 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-O009) _'~,~,~w~,z~ . _ _ ,
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
homeowners association's responsibility for snow removal from
sidewalks on the private streets; 3) payment of fees in lieu of
constructing 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 the staff
recommendation contained in the staff report dated July 20. Public
Consider an ordinance amending the Zoning Chapter by changing the
use regulations of an approximate 29 acre traot 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) (First consideration)
Comment: See item b.
#4b page 1
ITEM MOo 4b.
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)
Nov/ This is a continuation of that p.h. The p.h. is open.
Lisa
Heckes/ Vice President of Ty'N Cae Neighborhood Association.
I would like to first thank the council for taking the time to
meet with us this past week individually. I know we spent
numerous hours with each of you going over our concerns and I
want to thank you for you time and attention. Secondly, I
would like people in the audience who are opposed to this
rezoning to stand up and show support and before I go on, I
want to state that in the interest of time the past issues-the
issues that we brought up in the past remain. However we will
limit it to our four primary concerns. It is our opinion that
for the zoning to be changed from RS-5 to OPDH-8 there should
be a compelling reason. Over the next few minutes, Barb
Standish and I, Barb Standish being the neighborhood
president, will share why the Ty'N Cae neighborhood does not
believe a compelling reason exists to rezone the area. It
should also be understood that these opinions are not just
those of our neighborhood but also the surrounding
neighborhoods as we have demonstrated by the numerous
petitions that have been signed. Finally, so that you know
that we do support development of this area, rather than
rezoning to an OPDH-8 we suggest and support the rezoning area
to OPDH-5. With that I will move to what we believe are the
primary issues of Mormon Trek Village. First one is affordable
housing. I am going to reference the Vision 2000 document.
Under the goals the first one says insure that appropriate
supply of adequate, accessible and affordable housing is
available for all. Mormon Trek Village is priced in the range
from $65,000 to $120,000. Approximately 50% of the units fall
in the $65,000 to $100,000 range while the other 50% fall in
$100,000 to $120,000. Whether or not this is considered
affordable is somewhat debatable. However, assuming that that
is, it should be noted that the numerous zero-lot lines,
townhouses and condos surrounding this development fall within
this price range. In addition, the Walden Woods Development
provides s.f. homes that also fall into this price range.
Finally, Pheasant Ridge which is located just north of Benton
Street on Mormon Trek is considered low income. In summary, we
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#4b
Barb
page 2 1
do not believe that Mormon Trek Village provides something
that is not already provided by the current neighborhoods.
Secondly, the diversity of housing types. Under goals it is
take an active role to insure diversity of housing types in
future growth areas. Similar to the affordable housing
statements I have made, the neighborhoods surrounding this
proposed development provide a full spectrum of housing types.
In fact, total non-s.f. family units equates to 1,585 or 87%
of the area bordering Mormon Trek from Melrose Avenue south to
Highway 1. The only area zoned RS-5 in this section is the
Ty'N Cae neighborhood. Once again, Mormon Trek Village is not
meeting a need that cannot be met by the current developments.
Finally, I will touch on traffic. And while I realize that
this has been an issue that the city has deemed not, there is
a concern around the safety of the exit onto Abbey or off of
Abbey onto Mormon Trek. In some cases one could almost argue
that the light that is being proposed on Rohret and Cae should
be moved onto that intersection should this development go it.
For the simple reason that that is a blind corner, it is very
difficult with the amount of congestion that is already there,
to make a left turn without risking an accident. Bringing on
this development at its current density further increases that
risk. So, from that standpoint, we would ask that you consider
that. At this point, I am going to turn it over to Barb
Standish. I would like to reinforce though that we are looking
for a compromise on the situation. We do support the
development and are requesting that you vote no and request
that the area be zoned OPDH-5 versus OPDH-8 which meets our
density needs. Thank you.
Standish/ Good evening. I would like to discuss two concerns
regarding the proposed development. 1-the parking and 2-
landscaping. Under parking. If the 232 units are developed
with a minimum of two cars per household, there would be 464
cars that need parking. We do not feel that there is
sufficient numbers of garages, side street parking, guest
parking to accommodate the high density and overflow parking.
Secondly, we are concerned that this development could result
in parking problems similar to the high density yellow
townhouses behind QuikTrip on Walden Road. They have
significant parking problems where people parking 2-3 cars
deep. We are concerned that the units will not be used for
primarily homes, but rentals which will enhance the parking
problems. Under landscaping. First, we are concerned that the
high density development does not have sufficient landscaping
plans that would compliment the existing neighborhood.
Secondly, we are concerned about how the existing trees will
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F091295
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be utilized. Thirdly, we are concerned when the landscaping
will be completed. Is it at the end of the project or will it
be phased in? In summary, we ask you to vote no to the OPDH
zoning. The diverse neighborhoods surrounding the proposed
Village do support the concept of development. We ask you to
consider an OPDH-5 zoning which would equal about 150 units
versus the 232. We want to be reasonable and compromise and
with the units under 200. We believe this would resolve our
parking, density, traffic and landscape issues and we believe
this is a win win solution for everybody. Thank you.
Throg/ Thanks, Barb.
Sharon McDonald/ From Walden Woods. At our block party this weekend
I had the opportunity to talk with many of my neighbors and I
catalogued some of their concerns. Why does the council have
to even consider rezoning this property at all? There are
other bidders on the property and their plans may not involve
rezoning. Mr. Watt's development costs may be high simply
because he has offered the most money for the land. Since this
sale is contingent on the rezoning, if we stop the process
here, city planners and neighbors may have an opportunity to
see what other developers can envision for the land. There
maybe a wonderful concept out there that hasn't been heard
because it was outbidded. The current proposal for 230 units
does not even come close to what neighbors would like to see
and to what current zoning would dictate. The Press Citizen
erroneously printed that we were within 30 units of each
other, developers and neighbors. We are in fact separated by
over 100 units. At the current zoning of RS-5 the area would
support approximately 87 units using current west side
standards for streets and sidewalks. Clearly, we are not even
in the same ballpark yet. But, if it was rezoned even to RS-8
like Walden Woods, the number of units would rise to
approximately 130. We think Walden Woods is an excellent
example of affordable s.f. homes ranging from $99,000 to
$120,000 to $135,000. The floor plans differ, the square feet
range from 1250 to 22,000. Obviously Gary Bishop made a profit
making this development because he is making another one in
Coralville. Bob Miklo for the city planning staff was quoted
in the Gazette as saying that Walden Woods was one of the
quickest selling subdivisions in the last five years. Even
now, when our homes go on the market, they sell fairly
quickly. By comparison there have been quite a few lengthy
vacancies in the area behind New Life Fitness. What is the
difference? In a nutshell, we believe it is because we are a
real neighborhood and people see that and respond to it right
Thisrepresentsonlyareasonably accuratetranscrlption ofthelowa Citycouncil meetlngof September12,1995.
F091295
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Nov/
Matt
page 4
away. One house sold on Sunday during our block party and it
had been on the market for about a month. We feel that
responsible development of this parcel of land will be a good
thing for the Mormon Trek area. However, we see absolutely no
rationale for rezoning the land until all of the proposals
have been seen and I thought since this has been such a
divisive experience for all of us that I have two suggestions
and I just want to throw them out and see what you think. The
first one is is to just sort of re-look at how we did the
planning process. In this particular instance we could perhaps
gather in all kinds of different proposals for the land and
see which one satisfies the most needs of the most people.
Whether or not the developer can afford to do that would then
be between the developer and the seller of the land. But the
price of the land should not be what drives the development.
I think that should be a separate issue. That way we might see
some creative cost effective planning that works within
existing zoning for the enrichment of everyone. And if you
won't consider that I was thinking that perhaps you might want
to delay your vote on this until after the new city council
has been elected because I think that this is a very tough
issue. I think it is an issue that need to be campaigned on.
I think that a lot of us feel that we want to know where
people stand on this kind of an issue and I think there are
going to be some repercussions if this zoning goes through and
you might want it to be the city council who voted it in who
have to deal with the repercussions. That is all I have. Thank
you.
Is there anyone else who wished to address the council on this
topic?
Lofgren/ 4017 E1 Paso Drive. For those of you unfamiliar with
the area, it is the west side of the new grade school, Irving
Weber West, at Southwest Estates. I would like to present some
areas of concern that I do have as well as many other
residents that have on the wets side of town. Mr. Watts and
Houser are very well respected in our community and have some
admirable plans for the plot of land. However, before we dig-
before they dig, I would like to address some of the following
areas of concern. The water pressure problem. If my neighbor
is watering his or her grass, something I cannot afford to do,
my other neighbor is doing his or her wash, my wife is on the
shower and I turn on the dishwasher, she is screaming and I am
dialing 911 because my wife has third degree burns. It is my
understanding that later this evening discussion will take
place on this matter. Another area of concern that I do have
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F091295
#4b page 5
is the traffic problem in the area. For the past two years my
family and I have enjoyed making the detour. In a week or so
Rohret will reopen and we will finally have the opportunity to
wash our cars and touch up the rock chips from the gravel from
our road. One of the fastest growing areas in Iowa city is the
west side of town. Everyday I come home from work a new house
in being built. Leading to more congestion in a fast growing
area. Maybe we need to do some traffic controls and studies in
the area prior to adding additional congestion on an over
congested road that is not even open. The new grade school,
Irving Weber West opened this last year. Today it is nearly
full capacity. Where are our kids going to go to school once
the U-Hauls have arrived and departed. Finally, two years ago
I bought my second house, my dream house. I moved from the
area on the east side with high traffic, neighbors not only on
both sides, also above and below to an area what realtors like
Mr. Watts and Mr. Houser calls country living in city limits.
Keep it this way. It is an area what most communities dream
of. I ask you to hold off on your decision until we can
address and fix the water pressure problems, the traffic
problems, how the school board will handle the capacity
problem before you dig into Iowa City's best kept secret what
I call my home. Thank you for your time an consideration.
Tom Pugh/ I live 1255 Coll Drive which is Walden Woods. I think
Ty'N Cae is well represented on their concerns but I am not so
sure that we are as well represented on the other side of
Mormon Trek. I think Matt stated his concerns very well on the
pressure that Rohret Road is going to have on it. I makp an
analogy that it is a small end to a big funnel. Walden Woods
is built with about 70 homes. Out in Hunters Run and that area
100s of homes. If you haven't been out there recently I really
recommend that you go. There is nothing but open lots and
brand new roads for more homes. There is no other way to get
out of that development except Rohret Road. There is none.
There has been discussion of roads on the other side of 218 to
go to Highway 1 and Melrose but they have gone nowhere. I have
heard that homeowners have purchased over there for the past
five years and the Realtors made claims that roads will go in
next year but it never has materialized. Me in Walden Woods,
I get impacted because the current pressure there the cars
come through my development past my house, right there at the
intersection of Coll and Walden Drive and the cars are
speeding. They are trying to get around the Rohret
intersection. They do not stop. We are a neighborhood full of
kids. And I just had a brand new baby and this really hits
home with me that they are speeding in front of my house and
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F091295
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they won't stop. The map I drew, you can see at Coll Drive, it
ends right there so I am right at that intersection. I am in
the yard all of the time. I witness it all of the time. It is
not young kids. It is everybody coming through the
neighborhood. It is not young kids. I can see them. They are
Nissan Maximas, they all the cars that you can- They are not
young. The second point considering I am in Finance, a lot of
people want to contest the affordable housing. If you put a
private road and you put homeowners' association fees on top
of that, the affordable housing becomes real subjective. The
number you have seen thrown around is $85,000 to $125,000.
Throg/ $65,000 to $125,000.
Pugh/ $65,000 to $125,000. Okay, if you put
association fee on that. Has there been a
homeowners' association fee?
a uniform owners
figure put on that
Pigott/ We heard last night $50-55 per month.
Pugh/ Okay, I have an amortization. I£ you put that on top of the
home value that adds-I am pretty close. I put a range because
I was unsure. I put $50, 75, 100. It is going to add $6500 to
the price of the homes. So that $65- is not accurate. It is
not $65,000 for a home. It is $71,500 or whatever on up. I
just think that point needs to be well illustrated because if
that owners association climbs to $70 which is very common.
That is Walden Ridge which people refer to as the yellow
condos. It is $70. An~ that adds almost $10,000 to the price
of the home. $70 times the number of units. $70 X 200 per
month. That is a lot of money to mow yards with and plow snow.
That is a serious dollar figure that we are putting a premium
on people who supposedly don't have money to buy a home. You
could place a value on that. If you have a $65,000 home and
you put $6,500 on it. You would be putting a 10% premium on a
low income person's ability to purchase a home. That wasn't
placed upon me and I am a homeowner. So is it that we are
putting an unfai~ advantage on the people who are trying to
make it in Iowa City. To conclude I want to lastly make a
point on the private roads. That really bothers me. Living
right across from this unit- First I should say I am not anti-
development. But putting private roads over there and putting
restrictions on services, school buses going across there. We
want a school bus to stop on this road that is the only way
out for people? You might want to just stop over the weekend
and go out there and stand for 10-15 minutes and see how fast
cars go on that road. They do not obey the speed limit. It is
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F091295
#4b page 7
a 55 mile jaunt to Mormon Trek. I don't think I want my kid
getting on a bus there. My kid is not going to and if it
becomes a safety issue, then it is going to be moved into my
neighborhood to catch our buses. I don't think I want kids
crossing that road to my neighborhood. First, I don't want the
kids in my neighborhood so they are in my way driving so it
increases my risk of hitting somebody and having to watch for
them. Second, do we want that for our children? It just
doesn't make any sense to me.
Kubby/ I am not sure I understand your point. Will you repeat it
about the school bus.
Throg/ You are referring to Rohret Road, weren't you?
Pugh/ I was talking about Rohret Road.
Pigott/ Stopping on Rohret?
Pugh/ They are probably going to stop right in front of Coll Drive
there would be my guess. It is either there or on Mormon Trek
or maybe both for bus stops.
Kubby/ There is a public r.o.w. over the private road so school bus
could have a route within this development.
Woito/ I assume the streets are strong enough that you can use city
vehicles that sit on them. Larry-
Pugh/ Wasn't it debated that vehicles may not be able to even get
down the road because cars park on the sides? You may have
difficulty even going down the private road.
Kubby/ (Can't hear) certainly could control with language.
Woito/ I think that was discussed.
Kubby/ I didn't mean to interrupt your statement. You can answer
when you are done.
Pugh/ I guess I have doubts on your comments. I lived at Benton
Manor before moving to where I live now and that is a private
road right there and there was, I remember 3-4 junker cars
parked there the entire three years I was getting my Masters.
I called the city police to see if we could get them towed
because they were on blocks and tires were off of them and
over time the Police said well, it might be students who
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F091295
#4b page 8
abandoned them. We still cannot tow them. I found it was not
students who owned them because I watched. It was the owner of
the apartment complex parking his cars there and there is
nothing you can do to move those cars according to the city
police. I called three times and I have a police officer who
lives across from me right now and he confirmed they cannot do
anything about a private road. I don't know the law. The city
Attorney would. If there are cars parked there I am not sure
it is easy to move them. So, I just want to-I feel emotional
about this because I think it is wrong. I think there needs to
be alternative. I want stop signs in my neighborhood kind of
like Abbey Lane that had all the traffic speeding through it.
Pigott/ Teg Drive.
Pugh/ But I want stop signs. If we don't get stop signs I feel like
I am going to do something illegal and put speed bumps out
there because I feel so emotional about this because they have
currently come through-Maybe the council should consider
putting access roads both ways on the other side of 218.
Throg/ I am a little puzzled about the point you are making right
now. Is this the kind of traffic problem you are talking about
right now right in front of your house. Is that a result-is
that what was happening before Rohret Road was being rebuilt
or is it during the reconstruction? Do you think the
rebuilding and widening of Rohret Road is going to affect that
at all?
Pugh/ It was occurring before the reconstruction where people from
Hunters Run and that area out there would go through our
neighborhood, Walden Woods, out by Walden Place in between
QuikTrip, to take a quick left to go out that.
Nov/ Because Benton had a traffic signal?
Pugh/ No, we don't have a traffic signal there. It is to avoid the
cars. You cannot get out at Rohret and make a left. They line
up.
Throg/ That situation is going to change because we are going to
put in a light at Rohret Road and Mormon Trek.
Pugh/ Is that going to solve the whole problem?
Throg/ No. It will make it much easier.
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F091295
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Pugh/ I guess I don't agree with you at all. I don't think that is
a solution. I don't think it is going to solve all the
problems. I think it is presented by the council that it is
going to solve all of the traffic problems. It is one access.
They are still going to come through our neighborhood
especially if it is a slow light. I don't agree with that. I
find that to be unfounded and I think it is an easy solution.
I think it is more complex than that.
Kubby/ It also is what I hear you saying is it is happening now
with the amount of development that is there currently. That
that problem is there which means we need to deal with that no
matter what decision we make about Mormon Trek Village.
Pugn/ Thank you, yes.
Lehman/ I think we have experienced some success in placing stop
lights in other parts of town to control this. We have had
some pretty positive remarks for a lot of them.
Throg/ Stop signs, you mean?
Lehman/ Yes.
Pugh/ If it would work and feel comfortable exiting there and take
the traffic out of our area, that would be great. We are the
only other mouth out of there. So if it doesn't work they will
go through our neighborhood.
Throg/ Steve, would it be possible for Jim Brachtel or someone else
from staff-
Arkins/ I just made a note of it.
Pugh/ Than you very much.
Pigott/ Thanks for your time.
Joseph McCarthy/ 1213 Cambria Court.
Nov/ Would you sign your name please?
McCarthy/
CHANGE TAPE TO REEL 95-108 SIDE 1
Joseph McCarthy/ And I think what we have to look at is what is
home ownership. Why is it so important to own your own home?
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F091295
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Tony
page 10
And that is because it is an investment. Owning a home does
not give you a certificate by the government or by society
that says you are now a better person. We all buy our homes
because we assume they are going to appreciate over time as
land does and I don't see that this development is going to
appreciate over time and I think if the city council of Iowa
City continues to allow this kind of rezoning, you are going
to wind up with a glut of low income quickly built houses
throughout the city. There has been no crunch in the City of
Iowa City for housing up to this point. I grew up in a suburb
of New York City, Staten Island. My parents talk about it as
if it was a dream world before the Verranzano was built. Even
when i was growing up, for the most part I lived in a
undeveloped- outside of an undeveloped wetland. But while
growing up I saw situations identical to what's going on over
in Ty'N Cae right off Mormon Trek. The answer was let's throw
something up quick. The developer can make a very quick dollar
and get out. The more units, the more money. It's that simple.
Don't tell me that this developer's not going to make quite a
pretty penny. If you don't rezone it, he still will. It's the
whole idea of, like the woman said earlier, his buyout is
contingent on a rezoning. He doesn't need 260 units. Someone
else I'm sure could build fewer units and still make a profit.
The decision that has to be made is, are we going to have low
income people buying low income houses which then do not
appreciate and they sell at either the same price, fine. Let's
say five years down the road they sell at 65. What happens?
That's a loss of money. They've been paying their mortgage for
those five years. They've been paying closing costs and
association fees. That's not what housing's all about. That's
not what home ownership,s all about. Home ownership is about
living somewhere you can stay. That your children can grow up
in. $65,000 unit. Who around here believes that this is going
to last and be nice family housing for 25 years? I myself live
in a three year old unit at 1213 Cambria Court. I bought it.
It was affordable. I'm a student. I'm going to be leaving in
two years. It doesn't even- I don't even have a vested self
interest in being at this meeting. I just think Iowa City is
a very nice place. I enjoy going to school here. I would hate
to see it ruined and people taken advantage of by a developer
who's able to make more money than he should be. Thank you.
Rash/ 53 Jensen Court, a Walden Woods development area. I've
heard some very compelling arguments from many people here.
People who are directly impacted by this Mormon Trek Village
development. These are the people who have to live with this
development. The people who have to see it, have to drive by
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F091295
#4b page 11
it. People who are going to experience it for a long period of
time. It's developed. Now I don't fault Mr. Watts for wanting
to do this development. There's nothing wrong with making
money. There's nothing wrong with the concept of providing
housing. But the problem that concerns me here, does it meet
the needs of the people in Iowa City. Is it serving the best
interests of the city? I realize the city wants to provide
housing. It wants to provide affordable housing. But I'm not
sure if this development is quite meeting that. And
specifically what I'm trying to focus on here is that Mormon
Trek, when it come to diversity of housing which is a word
I've heard quite often, has gone above and beyond its duty to
meet diversity of housing. We have numerous apartment
complexes along that road. We have commercial sites along that
road. We have a senior citizens' retirement home there. We
have commercial sites, gas stations, banks. We have the New
Life Fitness Center down the road. And a small smattering of
individually owned homes. And I feel there needs to be a more
equitable balance in diversity of housing there. I think it
would be nice to consider maybe allowing a little bit more
less dense development in that area. Thank you for your time.
Pigott/ Thank you.
Joe Sulentic/ 1219 Dolen Place. I've been listening to everyone
here and I'm interested or I'm curious to know, you've got
100, 200 people who've come up over the past couple of weeks,
expressing their concerns, talking about how they're really
trying to hold on to their neighborhood, their community. And
what- first, is the city council here to represent the
citizens of Iowa City or a land developer or what criteria do
you use to make your decisions on how you develop an area? Do
you have a vision for it? Do you- I mean how much does my vote
count being a homeowner in that area or how much do any of
these people's votes count? They're all the ones who are
giving you their concerns. They're the ones who are going to
have to live with this decisions to deal with it. And I
haven't heard one person in the last three weeks say, I think
it's a great idea. We'd love to come through with it. So given
all of that, and the guy from New York too. He was saying the
same thing. I moved from L.A. I was born in Iowa and I moved
out to L.A. and I came back, and I had a great neighborhood.
It is deteriorating little by little and you can't completely
halt the housing totally, but there has to be some compromise
certainly, but if you're not listening to everyone who says we
don't want it zoned RS-8 or whatever the terminology is, then
what kind of vision do you have for that piece of town? Iowa.
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F091295
#4b
Paul
page 12
Iowa means beautiful land. And you could do something with
that piece of town, that piece of Iowa City. You could make it
beautiful. You could add more housing. You could help- you
could benefit the city of Iowa City and have it be great, have
the neighborhoods that are there agree to what's going on. You
could have nice housing for the people who are about to move
there. But if you look at the development behind New Life
Fitness World, that hardly qualifies as a community. That is
just. as people have pointed out, housing put up quickly,
inexpensively, and it does nothing to further the idea of a
neighborhood. That's not a neighborhood. And 238 units on that
piece of land does not qualify as a neighborhood. It's going
to deteriorate the housing that's already there, and it's
going to adversely impact everyone who lives there. But I what
would like to say is you have a chance to do something
beautiful for the community and I certainly hope that you
appreciate all the concerns of everyone who has come up here
because no one is overwhelming in favor of the development as
it currently stands. Thank you.
McDonald/ Walden Woods Neighborhood Association. Good evening.
I'd like to second what this man just said. I thought he was
very eloquent and I think he is saying what is on most of
people's minds who have been coming here for the past weeks
and what's on their heart as well. I just have a few written
remarks here and then I'll get off since everyone should have
15 minutes of fame, I'll take five minutes. If this goes on,
I'll come back for another five. Then I'll be done. I'll be
used up. It seems that the issue has come down this equation.
Quality of life vs. quantity of money. That sounds
reductionist but I think it's come down to that. It's two
sides to the American dream. One side is measured in human
values and one in dollar values. Our side is concerned with
the increased number of people who will reside in Mormon Trek
Village. With the traffic that will further burden the section
of Iowa City already saturated with speeding, unchecked
traffic. But the probable overloading of the population of
Weber school which was sorely fought for and built expressly
to relieve overloading with the great general quality of a new
community that will be composed primarily of housing units
that are affordable not to the general public but to
investors. Iowa City is fertile ground. Developers are making
a killing. Realtors are making a killing. Investors and
speculators are making a killing. Line up hands full of multi-
unit housing developments which they will rent. We would like
to see Mormon Trek Village be a community of people who own
their homes and work and live and give back to the community
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F091295
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Dr.
page 13
of Iowa City, not simply in property taxes but in shared
values. The other side of the American dream is one measured
simply in dollar values. Free enterprise. Entrepreneurial
expertise. We're not against this side of the American dream.
We realize growth is a good thing. A natural expansion. We're
not against growth or everyone having the opportunity to call
someplace home. We're not against Gary Watts pulling off
duffie bags of money in a stretch limousine. What we are
against is Gary Watts telling us that no matter how we feel
the quality of our lives is being changed for the worse by his
proposed development, he will go ahead and build it anyway.
Mormon Trek Village is his field of dreams. If he builds it,
they will come. He's built another field of dreams down the
street behind the New Life Fitness Club, and they are not
coming. Let's not let his field of dreams become our
nightmare. The Golden Rule says do unto other as you would
have them do unto you. Let Mr. Watts build an affordable field
of dreams next to his Windsor Ridge field of dreams. Let him
find out how many of that neighborhood will come to city hall
and try to stop him from doing that. We're asking you, the
city council, to stand in the path of runaway growth, to
consider the concerns of the people who will be directly
affected by this development. Sure Mr. Watts lowered the
number of total units, but the higher number was unreasonably
high to begin with. We're asking you to consider that although
this plan sounds good on paper, the reality will be quite
different. We're asking you to shake the monkey off your back
called affordable housing. There's affordable housing in Iowa
City, but the demand is down. We're asking you to put the
concerns of the community before the special interests of an
individual. We're asking you to help preserve Iowa City as a
community with the guts to just say no to individuals who show
a disregard for zoning that was originally established to
encourage a community of homeowners not investors. We're
asking you to continue to nurture our community, not sell it
to the highest bidder. Thank you.
Jose Manaligod/ My wife son and I live in the Willow Creek
Condominiums on Mormon Trek Blvd. I'm here because I'm opposed
to the high density rezoning proposal because of the safety
hazard that it will surely create. During my residency years
here, I was on call a number of nights when I've had to take
care of people from Iowa City who were involved with vehicular
trauma. I can't express the horror to you that fills you're
mind to operate on someone you recognize or may have passed on
the street the other day. More than that I never want to see
the face of a neighbor or worse the neighbor's child in that
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F091295
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page 14
emergency room. As a parent, I'm shaken by the fear that my
son is going to be in danger by the increased traffic on
Mormon Trek. As a physician, I'm shaken by the knowledge that
accidents will surely increase with increased traffic from
this proposal. We are courting disaster by over loading an
already congested road which little room to expand further.
The US DOT report on the Impact of Traffic on Residential area
states that, 3/4 of all pedestrian accidents occur in their
own homes. Approximately 25% of children's deaths are due to
traffic accidents. The next largest group involving traffic
accidents interestingly are those over the age of 60. Another
study from UC Berkeley compared the rate of accidents to
traffic flow and found that the rate of pedestrian accidents
was roughly proportional to the level of traffic flow and
population in the affected streets. A development of the
proportion described will certainly have a significant affect
on traffic flow in this area. And if you vote in favor of this
rezoning, we will all be truly disappointed. However, if and
when I see a neighbor or a neighbor's child in my emergency
room because of this, my neighbors and I will not feel
disappointment, but anger. Our anger will be directed at all
of those seated here tonight because you were in a position to
minimize this risk to our families and did not. Remember we
are your constituents. You're all here because of our votes.
I remember wearing campaign buttons for some of you. And I
remember the feeling of confidence in my mind when I voted for
some of you that I was going to have some representatives
who'd stand up for the people. You were asking for my support
then and you got it. I stood behind you when you needed it
because I felt sure that when I needed you to be my voice, you
would stand up for me and you would be there. Henry Clay once
said that government is a trust and officers of the government
are trustees. Both the trust and the trustees are created for
the people. Now the people of Iowa City are here and we're
pleading with you to hear our voices. You've heard some
rhetoric about the voices of those we once were and those who
we will become. Look around you here in this audience. The
people in this neighborhood are filled with all those voices,
young and old. If you have any doubts at all about what all
the people of this city really want, than perhaps this matter
should be put to a referendum in the next election. A public
outcry of this magnitude should not be taken lightly at all.
Regardless of your vote tonight, it sends a message to all of
the people of Iowa City about the integrity of your office and
your will to represent your constituents. Do not forget our
voices, because we will surely not forget what you say
tonight. I'm here because I'm begging you to vote with your
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F091295
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Todd
page 15
conscience and your heart and nothing else. Thank you for your
time.
Janus/ 2302 Abbey Lane. I appreciate the consideration of the
city council regarding my concerns about the wetlands which I
have been answered. I know this has gone long and I don't mean
to make it longer so I will be brief and I bring to your
council's attention a new fact which I hadn't occurred to me
before on the last meeting. But you're not being asked to vote
just on the zoning change by approving this Mormon Trek.
You're also deciding whether to introduce large homeowner
organizations into the Iowa City area. Once you allow a large
homeowners' association in, there'll be precedent by the
developers to bring in for other sites. You've heard our
concerns that the developers, once they pay off their $40,000
an acre commitment and walk away, that this organization may
vote itself out of existence and may revert to the city to
take over the snow removal and the garbage. And this will have
to be done from narrow apartment lined streets of the
development° I ask you to consider a completely different
topic that I hadn't considered or thought of. And this was in
the front page of the September 3 issue of the New York Times.
This is a story of a development of homeowner organizations
creating more and more autonomous organizations, raising
assessment costs as they add more and more restrictions. Some
of these restrictions would be unconstitutional according to
this argument if passed by city government. I hope the council
will consider that we have heard nothing, or at least I
haven't and the people I've talked to regarding this
homeowners' association. Who's going to set up and draft the
organization by-laws. Will it be the people who are driven by
profit for this land or will it be by the people who are
actually going to live there. And once this homeowners'
organization has been set up, What is to prevent the
homeowners from changing the assessments and increasing them.
And that's what this is about. I have copies of this article
if you'd like to have it. I'm concerned that as we attempt to
provide affordable housing, that mixing it also with the more
expensive housing, that the more expensive housing homeowners
may increase the assessment, putting more codicils on the this
to help support the area and basically lock out some of the
paid people who are trying to provide affordable housing. Will
the organization disband or will a majority of the high priced
owners vote to increase control of the homeowners
organization, thereby affecting the affordable housing
communities? Now, I agree that the comprehensive plan should
be used but i haven't seen any data from the developers or any
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proof that a development of this type can be done at RS-5.
I've highlighted some areas and I'd be glad to give you all
copies of this, but I'm concerned that not only could this
homeowners organization vote itself out of existence, but
increase the assessments so that the people who do have the
affordable parts of this complex will not be able to live
there simply because the assessments will be so high. I'll be
happy to answer any questions.
Lehman/ Linda, I think part of this is a legal question. A
homeowners' association would have an agreement with the City
of Iowa City. Is that not true? As far as the maintenance of
roads plowing snow and the sorts of things that.
Woito/ The way it's conceived right now, I don't think we've tied
that down, have we, Bob? We could. We certainly could.
Miklo/ Conditional zoning agreement will specify the homeowners'
association will be responsible for road maintenance and
details will be contained in the (can't hear). True, those are
not in final form.
Janus/ And how much assurance do we have that might increase the
assessments or add on extra? That would be left up to the
homeowners' association. So theoretically, they could increase
the assessment to whatever they wanted to. Even past $100 and
making restrictive covenants.
Nov/
I think they would need to vote that increase. Whoever the
members of the association are would approve an increase if an
increase were needed.
Janus/ Sure. And since most of these are, at least in my opinion,
are slanted towards the higher end with some affordable
housing, you just need a 51% majority, I'm sure as you well
know, to do that. So therefore, the people who do have the
$65,000 houses may be having trouble with the assessments. So
then youJre putting an even larger premium on them. This
article really discusses these homeowners' associations in
Seattle and other areas of the country. I'd be happy to give
you a copy, if you'd like.
Kubby/ It'd be great to have a copy.
Janus/ I'm just saying that this is a whole issue that hasn't even
been brought up about large homeowners' associations. What is
it going to do? What control does the city have over it? What
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if the homeowners' association decides to block one of the
streets? Are they going to be able to do that?
Throg/ Todd, I think it's correct to say, and someone can correct
me if I'm wrong, that there already are existing homeowners'
associations in other developments in Iowa City. I think
that's correct.
Woito/ Can we have a copy of that?
Janus/ Sure.
Woito/ Can we have this copied and get it back to you?
Janus/ No. I made copies.
woito/ Okay. Thanks. So I would like a copy.
Janus/ What I'm understanding
size. And even if there
association could raise
asking.
is, that we don't have one of this
is, consider that this homeowners'
the assessments and that's all I'm
Kubby/ And I'm sure they will over time. You've go to understand.
Nov/
Linda, have we ever had a homeowners' association that
dissolved and then the city would have to pick up the
requirements the homeowners' association had been doing?
Woito/ I think Doug Boothroy's had some problems in terms of some
matters but nothing really comes to mind.
Kubby/ Especially in stormwater detention areas.
Woito/ That's been the biggest problem is stormwater detention.
Nothing big jumps out at me.
Kubby/ Does having the homeowners' association mentioned in the
conditional zoning agreement, what they're responsible for,
make it impossible for them to disband, because they have
certain outlined duties because of the zoning?
Woito/ If they disbanded it would be a violation of the subdivision
documents and the OPDH and the conditional zoning agreement,
so the city would have recourse to enforce those agreements.
They could dissolve. We would have to take some affirmative
action to fix it.
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F091295
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Nov/ We've always had the agreements going with the land rather
than a particular association. How does that work out?
Woito/ Well the obligation would still run with the land but there
wouldn't be any entity to enforce the obligation.
Janus/ What would happen if the people for the assessment voted to
allow no parking on the streets? They could do that because
they're private roads. Am I correct? That's true. And where
would those people be paring if they eliminate all parking.
We're already concerned about enough parking there. And the
homeowners' association decides they don't want any parking on
the streets, where are all these people going to put there
cars.
Throg/ Well, it'd be themselves voting to do that. Why would they
do that?
Janus/ Because they would want to prevent parking on the streets
for people for example who have parties or other friends
coming to visit and that sort of thing.
Kubby/ But there's overflow parking built into this development.
Janus/ But not sufficient overflow parking. I'm just raising, I
don't want to drag this out, but I'm just saying this
homeowners' association that once a developer that says ~s
going to take him 8-10 years to develop this property walks
away, this could open up a whole other can of worms. Thank
yOU ·
Kubby/ Thank you for bringing that up.
Lehman/ Linda, I have a question. These are private
there public easements where these streets are?
streets. Are
Woito/ Yes. Public access easements.
Lehman/ Can the homeowners' association prevent parking on a public
easement?
Woito/ Probably. I'd have to look into that. I don't have a clear
answer. Bob.
Miklo/ I'd like to point out that all of the townhouse units, 118
townhouse units, have two in garage parking spaces plus two in
the drive and there're also guest parking areas throughout. So
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all of the townhouse units have four off street parking
spaces.
Nov/ Does anyone else wishes to address the council?
Gil Cahoon/ Walden Court. We are a homeowners' association. We have
26 members. Things have worked out nicely for us, but I have
serious doubt about the 230 homeowners' association. Also
regards, there were some very interesting points raised here
about the fees. Walden Court was built and sold. The developer
had established a homeowners' fee. That homeowners' fee has
now doubled, because in order to sell the units, the developer
puts a very attractive price on the association fee. And I
think if you'll check, the development at the northeast
corner, I'm turned in my directions in Iowa City a lot of
time, northeast corner there's a condo development. Those
fees, that development is about 5-6 years old, those fees have
doubled because the developers do not set realistic fees.
Pigott/ Thanks, Gil.
Rod Sullivan/ 1725 Wilson St. Actually I was at home listening and
watching this meeting on the television and decided to come
down here. I think that the folks in this room have made some
good points tonight. I've heard a lot of good points. I guess
I'd like to come and maybe speak for some people I've never
heard come up here and that's the low income people of Iowa
City. Where are they supposed to live? I've heard group after
group in the last few years come up and express to you why
this shouldn't take place, why that shouldn't take place, why
low income housing's a ba idea here. Why it's a bad idea
there. Where should it take place? I mean, where should it
take place? Something needs to be done. I've seen and talked
to a number of people in this town who are really at their
ropes end because they have no where to go. Those aren't the
kind of folks who tend to join any kind of neighborhood
association or come to any kind of council meeting. Many of
them probably to be quite honest, don't vote either, but they
do exist and their needs need to be met just like the folks in
this room and I'd just like to say that I'd like to think that
the council is thinking of them when they are voting, be it on
this issue or any low income housing issue. Thank you.
Baker/ Naomi, may I say something very briefly here? I don't want
to speak for Gary Watts, but I don't think that this project
has been described as a intentional low income project. It's
been described as providing affordable units and that's a
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description that's very subjective sometimes. But I don't
think the debate over us deciding whether or not to approve
this because it's a low income housing project, I don't think
that's been part of our discussion before and I don't think it
would be Gary's description, but again gary can speak to that.
I just want to make sure the public sees a distinction between
low income and affordable. Sorry.
Nov/ Go ahead.
Gong
Koo/ 1715 Mormon Trek. I'd like to say that I appreciate all
the efforts you have been making to promote the welfare of the
citizen's of Iowa. And in order to represent the citizens of
the ui~y of Iowa City, and I'd like to draw your attention to
the following facts. First of all you have been elected to
best represent your constituents. And you all I think, always
try to see and approach the problem from a broad perspective
and this p.h. is designed to pull wisdom. For the past several
weeks so many walks of life have voiced their opinions of this
project. I'd like to draw your attention to the marvelous
(can't hear) immensity of our position a lot of people have
been making. Second, I think you agree with me that has been
truth in the reasons why they are opposed to the development
of a multi-family housing. Sooner or later you will cast votes
and I'd like to refer to a very famous Korean old saying. A
choice or decision of the moment will determine the next ten
years. So I'd like to entreat or plead with you to approach
this issue from a broad perspective and try and represent the
interests of the largest possible number of people. You have
been elected for the purpose, and we do not have object to the
development of the 29 acres of land. We welcome it, but in
trying to develop the land, there are many things that should
be considered. So I ask you to consider that there has been a
lot of opposition and that there has been truth in what they
have said and that a decision of the moment will determine or
effect the next ten years or more. Thank you.
Pigott/ Thank you.
Nov/ Is there anyone else who wishes to speak on this topic? Okay.
Karr/ Can you accept correspondence?
Nov/ Moved by Pigott, seconded by Lehman. Motion carried (ayes).
Linda, is there any reason not to close the p.h. here?
Woito/ Not that I know of. The agreement is signed. The conditional
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F091295
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zoning agreement is signed.
Nov/ All the legal papers are in order and we could assume we've
heard everything we need to hear.
Miklo/ I would like to point out that we have a revised landscaping
plan.
Kubby/ I'd like to look at that before we close the p.h.
Throg/ Are there enough copies for some people in the audience to
have?
Pigott/ Do you want to talk about that, Gary, by any chance?
Kubby/ Maybe we could share some so there could be one or two
copies in the audience so people could pass it around or
huddle around, at least observe.
Gary
Watts/ Developer. Last night there were some mentioning made
of in front of the homes some landscaping. We did draw that up
today. I think you can see in the front yards that we will
have trees and landscaping and green space, so that's what
council can take a look at that right now. I'd just like to
make some, I just want to tell council that I appreciated
working with staff. It's been about a nine or ten month
process. I think that your current staff has done an excellent
job. They've been very professional. I think that as we look
at this tonight, we are bringing you the very best project
that we can bring to this city. I also appreciate working with
the P/Z Commission. It's been a long process, maybe 3-6 months
with P/Z. and I'd also appreciate your consideration on this
matter. Thank you.
Kubby/ So Gary, in terms of what's different, it seems like the
trees are moved more towards the street.
Watts/ Right.
Kubby/ And it looks, it seems like there are more than of them, but
I don't have the other plat in front of me.
Watts/ Larry, do you have any comments on that? Larry Schnittjer
with MMS.
Kubby/ Would you verbally describe the difference?
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Larry Schnittjer/ The basic difference is that some of the trees
that were on the plan before have been modified from a (can't
hear) or ornamental tree to a large tree and they've been
moved closer to the street. They've been moved to within the
limits of the utilities, the ones that are along the streets.
So that we can't encroach on those utilities because of
problems with tree roots in sanitary sewers and water mains
and etco We moved the trees as close as we could to the street
right of way to provide the canopy effect that was suggested
last night at the council meeting.
Kubby/ So the effect we wanted in suggesting this change is that
the streetscape and sidewalks are more shaded.
Schnittjer/ There are some additional trees illustrated on there
from what the original plan illustrated.
Kubby/ Do you believe that that movement will create the effect
that we want?
Schnittjer/ I believe it will come closer to creating the effect
than what was suggested at the council meeting last night. At
the council meeting last night, there were suggestions that
you could plant trees between the curb and the sidewalk. Let
me illustrate. That green space is only six foot wide and that
does not legally allow us to plant a tree in Iowa City. The
Iowa City tree ordinance requires that we have nine feet to
plant the tree, width.
Audience/ (Can't hear).
Schnittjer/ I'm not going to argue with that. I just know what the
code says.
Nov/ And I think some of these are larger trees than had been
illustrated originally.
Schnittjer/ That's right. To expand on Bob's comment on parking.
There are a few visitor parking spaces illustrated throughout
the site, but every dwelling unit has at least one garage and
most of them have two garage spaces. Count up the multi-family
structures, if you want to call them that, but the multi-
family structures are condominiumized, but the multi-family
structures will have at least one parking space free in the
garage and one space outside the garage. For the 12-plexes and
18-plexes have all required spaces in the lower level of the
building. So if it's just the residents, they have more than
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F091295
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adequate parking unless somebody's got more than four cars for
everybody's vehicles without putting one on the street. The
street system itself is only three feet narrower than the
standard city street or local street in Iowa City. So there is
still room to park on the street if we have an emergency or if
they have a group of guests that want a location. The other
thing that I'd like to point out, the townhouse cluster in the
northerly loop of this development is similar in design
concept to Ty'N Cae zero lot line area. I think it's part
three Ty'N Cae except there's more space between structures on
this then there are in Ty'N Cae. Ty'N Cae there's only
required to be five or ten foot side yards. Here we have
minimum of 25 feet between structures. Any other questions?
Pigott/ One of the things I've heard during p.h.'s the past few
weeks is the discussion by neighbors about the yellow condos
and apartment buildings down the road. And I wondered if you,
Gary perhaps, could discuss- and I went through that area and
I agree it's crowded, cars parked two and three deep, and if
I were a person who lived in that neighborhood, I would be
concerned about the possibility of that happening because of
the narrow streets. I wondered Gary if you could explain how
is this development different from that development, maybe in
terms of density, maybe in terms of number of parking spaces
available along there. Of course I know you didn't develop the
other one, but I do think it's important to find out how- is
it going to turn out the same way as the other one because I'm
sure that the neighbors would not want that to happen and
they've talked extensively about it.
Schnittjer/ Let me try to answer that for you if I can, Bruno.
Pigott/ Okay, sure.
Schnittjer/ I do not know the density of the development of the
yellow townhouses. The thing that everybody keeps referring to
and keeps bothering me about that project and comparing it to
this one is that there's no comparison. We have garages for
every unit here. that has no garages. We have spaces in front
of garages for the owners vehicles and all they have there is
parking lots. So there's total difference in the living
complex between the two units, between the two designs.
Pigott/ Acreage is bigger on this property perhaps. Is the acreage
bigger on this property would you guess than the other one or
is it? I guess we don't, I don't know.
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Miklo/ I have some information. In the Walden Condominiums, there's
approximately 12 cares there and it's a density of about nine
units per acre. So it's slightly higher in density than this
development we're looking at.
Audience/ (Can't hear)
Schnittjer/ That nine units per acre also includes, appears to
include I should say, Walden Pond park space which allows them
to get it down, concentrate the density into the southern
portion.
Pigott/ Gary, any other points you'd like to make?
Watts/ The only other thing I'd like to say is from the get go with
staff and through P/Z you know we've really tried to , I don't
know what the right words are, but we really tried to bring to
the city of Iowa City entry level housing ala our condominiums
and our different types of condominiums and then within our 4-
plexes and duplexes we have four or five different types of
units. So that should attract a lot of different types of
populace and different kinds of people. Our price range, we're
going to try and work hard to bring that to bear. It obviously
depends on a lot of factors, but those are our projections as
based on '95 numbers. But from the very first inception of
this project, the very first meeting with staff at the city,
we really looked at that intensely to bring entry level
housing to the city, which a lot of it goes to other cities in
our surrounding area and ~ just think it representing the city
as a whole, that that's an important factor in this issue.
Thank you for your time.
Paul McDonald/ Is the public discussion closed?
Nov/ No.
P. McDonald/ As one who lived in the yellow ghetto, would you have
any questions for me? Ghetto in the sense that it's been
closed. It's private and that's the term of a ghetto. I'm not
saying that it's a Warsaw ghetto.
Kubby/ There's a connotation there.
Pe
McDonald/ Right. Exactly. So if there's any questions you want
to ask about living in that situation, I'm here to answer
anything.
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Kubby/ Do you see any differences between what is being proposed
with this development? I don't know if you've seen the plat.
Or between that living situation?
McDonald/ Right. I can compare living in the yellow townhouses
for six years and living in Walden Woods in a single family
home for a year and a half as one is a lot more desirable.
Walden Woods is an entry level development. A lot of first
home buyers are there. The homes were more expensive than
$65,000, but you needed to put only 5% down, Condominiums I've
been told you have to put 25% down unless they're HUD approved
which most are not in Iowa City. Someone's told me this. Which
cuts out a big portion of the market of buyers for
condominiums when it's 25% down, that's a big chunk of money
for someone, a first home buyer. Living in the yellow
townhouse with this parking thing, we had two spaces for
parking right in front condominium, our town home. And there
were hundreds of visiting that were not allocated- the were
just allocated for visitors. But you had students on the left
to you that had five or six people in there, four of which had
a car. So you had two in front of theirs and two across in the
visiting there. So there were cars everywhere. And the nights
that Walden Place Retirement residence burned a few years ago
two or three in the morning. I was up. It was a frightening
experience to look out and realize that the only exit you had
was one. And that was right within two feet of the fire.
Because the fire exits were blocked off. There's a fire exit
right behind QT. And there were cars parked there, two or
three deep. So ostensively you had one exit out of that. Or
you could swim in the pond and get out that way.
Kubby/ I guess I don't feel I heard an answer to the question in
terms of how you feel this development is different than the
yellow.
P. McDonald/ I don't feel it is different. I think it would have
the same problems of
CHANGE TAPE TO REEL 95-108 SIDE 2
P. McDonald/ It's going to attract the same type of people I think
as the town homes who can afford to lease a place for a year
on a year to year basis but not buy into that. As other people
here have said, it's not something you buy into necessarily.
Investors own these and then they rent these out. And it's a
transient population, not necessarily low income but
transient. Fellows at the University Hospital, etc. They come
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and go. There's no vested interest there. the yellow town
homes were not a pleasant experience. It was loud, noisy,
crowded beyond belief. And there was very little you could do
about it. And these were all private roads.
Kubby/ (Can't hear)
Nov/ I was about to say, would Gary like to talk about the 25% down
payment?
Watts/ Thank you. I would like to make a comment. In representing
other projects in the last two or three years, we have two or
three lenders locally that will a represent a condominium
locally with 5% down. It's an in-house loan. It's not sold on
the secondary market. So you can buy a condominium in Iowa
City with 5% down. Just to clear the record.
Nov/
What has been the obstruction in other cases has been the fact
it was not a mortgage that could be sold on the secondary
market?
Watts/ That's correct.
Nov/ You need the cooperation of local lenders.
Watts/ That's correct. That would be an in house loan that local
lenders would look into a project and say that they want to
make those kind of loans and they would keep those in house
and not sell those to the secondary market. That's correct.
Nov/ But if they have to sell it to the secondary market, would
they then ask for a 25% down payment?
Watts/ I don't think 25%. I think it gets into between 10-20%. I'd
have to check that for sure. But I do know that for the in
house we've had several loans processed very recently as in
the last six months with 5% down. They're held by local
lenders. And it depends on the strength of the borrower and
various things like that. I'm really not a lender but I can
assure you that on the project we're proposing here at Mormon
Trek Village that we can seek 5% financing or 95% loaned
value. Okay? Thank you.
Kubby/ Oh, Gary. Before you sit down. I'm intrigued about how this
new avenue of thought about homeowners' associations. It's
also sort of a legal question that I'd be interested in. If
this passes that, I don't know if it's possible to have some
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kind of legal paper that outlines the consequences of
disbanding because of the agreement in the conditional zoning
agreement. That as years go on when people are making that
decision that easily accessible information that the
consequences aren't just that the city takes over but that I
don't really understand what those legal consequences are, but
they're not hiring up to the agreement that runs with the
land, therefore does that mean that there are clouds on their
titles which means they can't sell their home. It's not in
their best interest to do that, but I would be nagging you to
put that in with the homeowners' association packet which also
means I would be promoting that you would develop the base
line paper work for that part of it.
woito/ I wrote down a note for us. Ann and I'll work on that.
Kubby/ That might be something that we need to encourage in many
places, not just because of the size at this point but if
there are other conditional zoning agreements where there are
homeowners' associations all across the city.
Woito/ Because there are extensive private streets in this one.
Watts/ I think that's a legitimate concern, Karen, and I would
defer that to our legal council and talking to Linda and
whatever you need. One thing I'd like to point out as far as
homeowners, associations, anybody that owns a single family
home does a certain amount of maintenance. They've got to pay
insurance. They've got snow removal and they've got to mow the
yard once in a while. So every home has substantial
maintenance and we all know that. So thank you.
Sharon McDonald/ One of the other things about the yellow
townhouses behind QuikTrip was the quality or lack of quality
in the construction. Often times the walls don't meet the
floors. The windows don't fit into the frames properly. The
amount of caulking and plastic that you have to put over the
windows every winter in order to not be blown away. The
utilities were ridiculous. I think a home that is built to
sell for $65,000 is going to have that kind of quality. The
carpets were retry and just thin down to the bone. When we
bought the new house we asked the kids what color they wanted
and they said they didn't care about the color. They just
wanted not to feel the floor when they walked on it.
Kubby/ So that means that we should never approve anything that
will be entry level housing.
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S. McDonald/ No it doesn't. It just means that we need to separate
the issue. The issue is not affordable housing vs. what Gary
Watts wants to do.
Kubby/ I get the feeling we're framing the issue that way. That it
has been framed for us in that way and that manner.
Se
McDonald/ And I said, you were all saying, please unframe it.
He's framed it for you. It doesn't have to be framed that way.
We can do affordable housing that's decent and that's livable.
Look at Habitat for Humanity. They do beautiful work. They
make gorgeous homes for people that are something that
everybody can feel proud of. The community feels proud of it.
the people feel proud of it. You look at stuff that's thrown
together, as I said before, we need to make a separation
between doing good deeds and making a buck. I'm not sure that
those two things always go together.
Kubby/ Or making this decision based on the projected price of the
homes and looking at land use and those kind of issues. It's
not only profit. It is not my job as a city council member to
assure that the developers profit. It's not my job.
S. McDonald/ Right.
Kubby/ I'd agree with you on that. But I guess I can't make the
assumption that it's going to be shoddy building.
Pigott/ Can I ask a question in that very regard. Your neighbors
were kind enough to take a lot of us through this surrounding
neighborhood on Sunday and we went through the yellow
townhouses and saw what you all, it seems to me what I hear
you saying is we don't want this. We think this is what we're
going to get. And we also went across, where was it, Jim. I
can't remember the street name. We went across Rohret Road
however. It was Mormon Trek
S. McDonald/ Where the doctor lives.
Pigott/ We went to an 18 plex and it was a great 18 plexo I mean it
wasn't great, okay. But it was far and away different from the
kind of things that we saw in the yellow townhouses. It was a
huge 18 plex. Now it didn't look as though it was shoddy or
falling apart and it didn't have the same sort of issues
surrounding it. That's why I think one of the questions is,
what is it that makes it so sure that this development for you
neighbors is going to turn it into what you fear it will turn
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page 29
into. Why are you so sure of it? Is it,
saying, and just correct me if I'm wrong,
and what I hear you
is it's the density.
McDonald/ Yeah, I think it's the density. And I question his
motivation. I do not, I can't in any good faith assume that
Mr. Watts is caring affordable housing. He's paid $1,300,000
for a postage size stamp of land. And he has to make some
money from it. And there are other people who want to bid on
it who didn't even bother because he had more money. Everyone
snickered when I said he was a rich and powerful man, but if
you can't- if people don't even bother to bid because he can
put up that kind of money, then we have no idea who wants to
put what there. We have no way of knowing what kind of ideas
are out there. And when we moved into the yellow townhouses,
ours was only six months old. And it deteriorated around us.
It was phenomenal. I mean it was ridiculous. Things just fell
apart. It was like buying a Yugo. You're right. That's very
much what we're afraid of. And I have not heard any
reassurances, and the fact that Mr. Watts persists in this and
doesn't work with the neighbors means the other developers
have all met with the same protests from the same group of
people and they've all said, okay, okay, okay, we'll build
something that works out for everybody. Lepic Kroeger's
building little duplexes on Walden Woods. First they wanted to
build a parking lot with a parking building behind it and
everybody said, no, that's not good. And they said okay, never
mind. Mr. Hodge built something across the street. Even Mr.
Braverman, not noted for being reasonable, has done what works
for the neighbors. Why can't Mr. Watts do that? Why does he
spend nine months fighting us and we all- anyway.
Kubby/ I'm thinking there's one answer for that, and that is this
council has sent the message out to this development community
because we've been having this kind of evolving discussion
about development and how do we make development not sprawl
out and we keep having to add land and sprawling out. How do
we make the land we already have in town be used a little more
efficiently and having slightly higher densities, not just in
the core of Iowa City but a little further out. We've put out
this call to the development community saying we want slightly
higher densities. We want a little bit larger developments so
that we can have some control over landscaping and the layout
and make sure garages aren't the predominate thing in the
layout of the house. And there's been a response. And so I
think that's one of the reasons that we've put this message
out there. He's responding to that request.
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McDonald/ I agree with you. I even agree with him putting out
the message and everything. And I don't want to sound academic
because I'm not an academic, but I really hate the idea of
city planning being done by the people who are going to be
making the money from. That seems to me like it's really.
Baker/ That's a completely unfair characterizatiom of this process.
It is certainly your opinion, but speaking only for myself and
this council after two years in this body dealing with project
after project, staff after staff proposal, that's a completely
unfair characterization.
S. McDonald/ I'm just responding to what Karen just said. You put
out the call. He's responding to it. I would rather we put out
the call to professional planners, to engineers, to anybody
rather than somebody who's going to make money from it. That
doesn't seem like.
Baker/ Anybody who participates in this process is going to make
money from it.
S. McDonald/ You're not. I'm not. The citizens of Iowa City aren't
going to make money from it. It doesn't.
Kubby/ There are various kinds of processes communities go, for
instance Fort Collins, Colorado, has this very interesting
process where landowners around a certain property that's
going to be developed, they all have to get together and agree
or it can't happen. That'd be pretty radical for Iowa City.
S. McDonald/ WeJre a pretty radical place.
Kubby/ We should talk about doing something like that.
S. McDonald/ Let's do it.
Kubby/ But we have a certain kind of process here and I'm not sure-
you're suggestion is interesting today, whoever bids on the
land should also have some kind of a plat so we can look at it
and choose, but that's not the way our process is set up.
S. McDonald/ I know.
Kubby/ That the owner of the property or the person with the option
comes to us and we say yea or nay the land use or any other
conditions placed upon the rezoning.
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F091295
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S. McDonald/ And all we are asking is for you to say no at this
point, to not rezone it and then maybe-
Lehman/ Naomi, just let me say one thing that is very important and
Karen is right, we have sent a message to developers. We have
also sent a message to our city staff and developers who come
in and visit with the staff regarding potential development
are guided by that staff. I mean, I am sure Gary has made a
number of concessions and changes and whatever because staff
has indicated this is what the City of Iowa City wants. This
is the direction that council has given to staff. In fact, I
guess we have given more direction to staff by far than we
have developers. You work with the staff. But I think in all
fairness the developer comes in, I don't care whether it is
Gary Watts or anybody else, they follow the rules set down by
the city staff and by the time they get the P/Z if the staff
has approved their proposal, they have met the conditions that
the City has said is important to this community. Maybe all of
those rules aren't right but if you have followed the rules
and the staff has approved it,now I think at some point it
becomes unfair, first of all, to accuse a developer who has
followed the rules and I met Gary for the first time in my
life about what two months ago. He and I are not buddies. I
don't know him that well. But I think it is unfair to accuse
a developer of anything other than being honorable when he
works with the staff and follows their rules. Maybe I am being
naive but I mean that is the way I see it.
Todd
Janus/ I just want to say I agree with Ms. Kubby about
diversity. But when our area, I would like to remind the city
council, is only 13% s.f. homes; 87% zero lots and duplexes,
apartments, 18-plexes. So I think our area of the city has
done its part and it is time for the city planners, etc, to go
find other areas around the city to develop in the grand plan
that the city council reasonably has proposed.
Kubby/ And I think anyone who would vote for this needs to talk to
that issue.
Janus/ I am just reminding. So our area of town is only 13% s.f.
homes; 87% other things which this will only make that
percentage go down.
Nov/ Thanks. Would you sign in.
Jim Spratt/ You are supposedly all through but I am Jim Spratt, 653
Larch Lane. The point is that from questions council has
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raised-I didn't come here to speak on this issue but from the
questions you have raised. That, you know, 5% down versus 25%
down; there is local money; these kinds of things that you are
interested because you are apparently interested in the entry
level or affordable issue. I am not sure that 5% down is
necessarily a plus, just in general. But the other thing is my
understanding and I hadn't heard this until tonight. This is
a condominium development and it is my information that in
those places you cannot get into the secondary mortgage market
until something of the order of 75%-80% of the units are sold.
Perhaps the City Attorney would have a comment to make to you
in that regard. I am not an attorney. But if you think about
that, that means what is this 5% deal. Is it a 5% adjustable
rate that lasts 5 years and then what do you do? You turn to
Uncle Ned or Aunt Nonie or you are out of business if you are
an entry level. It is possible. I don't know. These gentlemen
maybe can fill you in. But if it is not true that you can't
get into the secondary market, meaning you can get into, you
know, the FHA, etc., etc., etc., for 15 and 30 year mortgages.
I think 5% down isn't the answer if you are concerned about
entry level and affordable.
Megann Hester/ I live on Mormon Trek Blvd. And I have a question
about the road. ! understand you just said they are going to
be a little bit narrower than the road behind the yellow
units. Is that correct? Just going to be a few feet narrower?
Is that what you said?
Pigott/ Three feet narrower.
Nov/ No.
Schnittjer/ Iowa City standard street is 28 feet. This road is 25.
Nov/ But behind those yellow units are not 28 feet.
Hester/ Okay. When I went and looked at those units the other day
there were cars double and triple parked behind the ones that
were in parking spaces that are above a curk'. So it is not on-
street parking there. Actually the parking space is built up
so they are designated as parking spaces, not part of the
street. I measured the street, the width of the street between
the cars that are double parked and it was 14'-3" and then I
contacted the Fire Department and said how big is your ladder
truck and they told me it was 10'-6" and they said you could
squeeze a fire truck in there but it has no turning radius and
they can't put the ladder up. Now, doesn't that concern you
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F091295
#4b page 33
that they have no turning radius to move the ladder around
which is on a pivot? I thought that can't possibly be true? So
I contacted my uncle who is a fire chief for the City of New
York and he said those houses are going to burn to the ground
if there are cars that are parked and they are only leaving 14
feet between them and I know that we keep hearing that single
families will move into these homes. But if there is someway
to lock people into staying into those homes for a year, three
years, something like that committing to staying into them
instead of buying them and then turning around and renting
them out to six students. I live in a condo that I could fit
six students in. I know that six students live in one of the
condos in my complex that one person is suppose to live in and
has one parking space and we are designated one parking space
for guests. So I know that that is what is going to happen to
certain units across the street and I think they keep
reiterating over and over again that we have done our part
over on the Mormon Trek side of town. We have done our parc.
We are taking a lot of the 87%-83%. It is time for the
irresponsible building to just ease off and to maybe let
people move into the available units that are already existing
because if we just keep going at this rate we are going to end
up with Staten Island that the gentleman described earlier and
that won't want to be a reputation or a history that you want
to look back and be part of. I don't think you are going to
want to look back and say I was part of the council that let
this happen.
Kubby/ Do people understand that there is no garages. There is two
spaces- It may not be enough that you think it will mitigate
it enough for your tastes or for what you believe will happen
but it is different. To me, I guess that is the only thing I
can say, to me there is a qualitative and quantitative
difference as to the parking situation in that development and
the one that is before us.
Hester/ I understand that you think that they are different but our
concerns are there are so many similarities. There are so many
areas where it could turn out being very much the same and it
would be a small small thing for you to tell Gary Watts that
maybe it should be a little bit lower density. Maybe it should
stay at what we originally had it designated at. It would be
a small small thing for this, this tiny tiny postage stamp
piece of land in a huge city, why expand here? Why give it to
us one more time? Why ask the Mormon Trek side of town to
handle it one more time. Let somebody else handle it this
time.
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Baker/ Bob Miklo,
could you very briefly talk about the fire issue?
Miklo/ The parking issue that she described apparently is illegal
because the yellow condominiums have two off street parking
spaces per unit and then a 22 foot driveway. Apparently that
driveway is parked in. The Fire Code requires a 20 foot wide
passage to maneuver a fire vehicle and in the particular case
we are reviewing Mormon Trek Village, the Fire Marshall has
reviewed it and is satisfied that he can move his vehicles in
and out of that area. The difference is there is some illegal
parking occurring at those condominiums.
Kubby/ Can you speak a little bit to the Comp Plan issue? What does
the Comp Plan say in terms of number of units per acre for
this particular parcel?
Miklo/ The Comp Plan calls for 2-8 dwelling units per acre. The
proposal is exactly 8 units per acre.
Kubby/ Thank you°
Lisa
Hackes/ In response to this parking thing (can't hear). The
12-plexes do only have two parking spots per unit. There is
one per parking lot and parking garage and there is one (can't
hear). In the townhouses there are four. So approximately 50%
you got similar situation as the yellow and approximately 50%
you don't and in realistically in the 12-plexes like that tha%
iB where there is the concern because you are going to have
more of those who tend to be rental versus the more expensive
townhouses. So I think, in having the discussion, that is
where (can't hear).
Kubby/ Thank you.
Nov/ All right, is there anyone else who wants to talk about this
issue. Okay. Declare the p.h. closed.
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F091295
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ITEM NO. 4c.
Consider an ordinance amending the Zoning Chapter
by changing the use regulations of an approximate
29 acre tract of land located west of Mormon Trek
Boulevard and south of Rohret Road from RS-5, Low
Density Single-Family Residential, to OPDH-8,
Planned Development Housing Overlay. (REZ95-0009)
(First consideration)
Nov/ This is first consideration. There will be three readings on
it.
Throg/ We waited for you, Larry. We need to be able to discuss this
so I move that we consider-that we move first consideration of
the ordinance.
Nov/ Moved by Throg, seconded by Kubby and Baker, too.
Kubb¥/ I will take it.
Nov/ It is yours. Do you want to start this?
Kubby/ Not really.
Baker/ Are we ready to discuss it? I will start. I think all of us
are going to have a lot to say so Pat, you are going to have
to wait. There are a lot of issues here and first thing I want
to do is thank those neighbors that I talked to Sunday and
drove around with and some of what I say tonight you will have
heard Sunday. Let me say that this p.h. and the series of
p.h.s about this have shown to me not only the best part of
this process but some of the things that can potentially
become wrong with this process of debate and I want to phrase
it in such a way that I don't talk about any individuals on
either side. Staff, neighborhoods, developers. But as I
listened tonight, one of the things that struck me was that as
the discussion tonight began, we had very specific issues,
objective criteria that were debatable about traffic, about
diversity of housing, about landscaping and parking. That we
could sort of agree on the range of facts and then it becomes
a question of disagreeing about the consequences of what is
going to happen based up on this range of facts. We could sort
of agree on that the rules were. But as the discussion
continues and this is not unique to tonight but very often at
a lot of p.h.s. It becomes personalized. It becomes guided by
very heartfelt feelings which are completely understandable
but sometimes those feelings expressed are almost
contradictory. We are told it is going to be run down property
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F091295
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page 2
and we are told there is already enough housing on the market
like this so we don't need any more so we are told the
developer is going to make a killing off of this project. We
were told that there is a possibility that lower income
residents could be frozen out because of homeowner association
problems and rules that might come up and we are told that
different lending procedures will affect who gets in and we
will have lower income people or we will have lower income
people frozen out. There are many things that are not
resolvable at this level, at this point in the discussion. So
let me tell you why I am going to vote for this project and
make it a simple as possible. We have set general guidelines
for development. We have a Comp Plan. We have a Zoning
Ordinance that implements the goals of the Comp Plan. There is
flexibility in there. This developer came in with a proposal
starting nine months ago, went through the process. It is my
understanding that he got initial staff approval for a higher
density and was turned down by the P/Z Commission. Has there
been compromise in this issue? It is at a lower density from
300 down to 232. It is being phased in over long period of
time. There is different landscaping. In fact we brought up at
the last minute last night more concerns about landscaping and
the developers have responded to that. We are going to put a
light in at Rohret Road. There is a possibility of a light
down at the other end depending on traffic counts and we're
faced with a decision here that we are asked by people to
consider the best interests of the citizens of Iowa City. We
are told not to just pay attention and I am using quotes here
"of the special interests of an individual." We were told that
we have a choice between the quality of life and the quantity
of money involved. And there are some of these things that
when we get right down to it, the city councils will simply
have-I simply have to say that in the context of the whole
issue of development in this community, having looked at lots
of issues in particular projects over the last few years and
serving on the council that very often disagrees about
development issues. That if this council, six or seven members
of this council, can agree on this project, I think that is a
statement that we have looked at this development in the
context of a lot of other issues other than just this tract of
land. It is a postage stamp. It is 30 acres. It is high
density but it is also the second lowest allowable density in
our Zoning Code. Will the concerns that have been expressed
tonight never bear out? Will they never happen? Will there not
be increased traffic. Yes. But in this long process my
perception of what we need to do for this community is to
encourage quality development and I think Mr. Watts has
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F091295
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provided and again, I have seen other projects that has
provided development that is perfectly appropriate for that
area. Lots of other things to say but I want to cut short
because I know that other people have things to say and I am
glad that if somebody else doesn't say some of these other
things that I have on my list here I will be glad to come
back. I can't imagine looking at that tract of land and seeing
quickly a better proposal that has to deal with all of the
issues that this one has had to deal with. I think Mr. Watts
has compromised. We will never be able to get down to 150 s.f.
units, I don't believe, on this property. So what is the best
use of it now? I think depending on going by the rules that we
have set up and the expectations that we have, this is a
project that deserves the council's support and I will vote
for it.
Pigott/ You know, if I could just react to a few of the things that
we have heard tonight first before I talk about it. There were
a few comments that I wanted to react to. One was that there
is no crunch for housing in Iowa City and I just don't believe
that that is really truly the case. That there really is a
crunch, rental vacancy rates are incredibly low compared to
national averages. The availability of housing as a person who
is looking around the market to find a place to live is better
than it has been but it is still given the price at which
housing units sell, which are among the highest in the state,
it is pretty low compared to other places. I heard in some
sense that there would be a correlation or an implication that
there might be a correlation between the income of people and
the failure or lack of appreciation in housing values in
certain areas. And I want to strongly disagree with that. I
think that in this city particularly, housing-I find it hard
pressed that housing values that have depreciated in the last
few years and secondly, there is no proof that having a
person, a working person, living next door to you means that
your house depreciates or does not depreciate in value. So I
think it is important to try to separate that and I heard that
here tonight. I don't like that comment because I think there
is a separation between income levels and it doesn't relate to
housing values. Third, someone brought up or a number of
people talked about overloading of schools in the area. And
you are right. Certainly Iowa City is facing overloaded
schools and this project, whether it happens or not, will not
reduce the-If it doesn't happen, it won't reduce the
overloading. And the overloading is happening in all parts of
town. Also~ in terms of traffic on Mormon Trek, we probably
haven't mentioned it but last night we asked for some traffic
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F091295
#4¢ page 4
counts on Mormon Trek Blvd. and talked about that in relation
to capacity and we talked about the 1994 counts near Benton
Street on Mormon Trek. That is Benton and Rohret Road and the
traffic counts that we heard were that from our city staff
were that there are 11,500 vehicles per day, I think I am
correct. And the capacity of road in that stretch in 20,000
vehicles per day. So, while I can understand that feeling that
that road can get pretty packed, I have driven up and down it
many times. In fact, I have stayed in that neighborhood down
Abbey Land for a good stretch of time at one point. I do think
that there are capacity room in that street. It narrows down
to two lanes, Mormon Trek does, around Abbey Lane and the
capacity around Abbey Lane is 11,000 vehicles per day. We are
indeed closer to capacity in that area. About 8,800 vehicles
per day. I am not saying that this won't affect it but
certainly a development in this area would affect it. But I
think that as we grow in Iowa City we are going to face these
capacity problems in this area regardless of whether or not
this is built. So I believe that traffic is an issue but it
will be an issue regardless of this development. I appreciate
your concerns about the homeowners, association. I think that
our city should be concerned about those things and it is good
that residences bring them up and we should, as Karen
mentioned, follow through with anyone that decides and have
homeowners, association. One of the questions was asked-was
mentioned. This area already has a what, 87% mixed used
housing. You know, why do you want to more? You guys we are
straining. We are bursting at the edges. And it is true that
this has a higher mixed used housing area. But so does the
d.t. area and so do areas on Muscatine Ave near Dover Street
and I think we are all facing this in our city. We are all
facing that expansion, the growth. On the east side of town
Windsor Ridge is facing a higher density in one of its
development areas. On the south part of town, southeast
section, we recently annexed some property and in that
property it is going to have some fairly high density
development. So, I understand the concerns of the residents.
Geez, we are feeling like we are bursting at the seams. But
looking at the whole picture I think that all of the areas we
face will say the same and not without justification as well.
So we face a real tussle of trying to figure out if not here,
where. You know. And so that from my perspective is one of the
things that we have to take into consideration when we
consider where we fezone development. I just want to put those
out on the table and discuss those right off the bat.
Throg/ Are we going to be linear here?
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F091295
#4c page 5
Nov/ You don't have to be though.
Throg/ I thought maybe we would kind of balance. I can talk. I am
just being playful. Well, there is many points. So many point
were raised. I want to respond to each of them but that would
not be reasonable because there were too many points raised.
So, I have to kind of focus on a few key points. I have been
on this council for almost two years, I guess, and during that
time we have had several rezonings come before us, three of
which have been very controversial and drawn out about the
same number of people as we have seen today and the folks who
have come have expressed virtually the same sentiments with
essentially the same kind of passion and heartfelt feeling. So
clearly something is at stake and I recognize that. But I
can't help but notice that we have heard essentially the same
thing from each of the other communities. I recall John Lee
tonight during the p.h. asking us to approach this from a
broad perspective and to represent the interests of the
largest number of people. I heard someone else say that the
people of Iowa City are here and we are pleading with you. I
don't think that is true. Clearly some of the people of Iowa
City are here and an important group of people. But there are
60,000 residents and as I think about those past zoning
issues, rezoning issues that have come before us, I have to
think in terms of the debates that went on then, place this
debate into that context. So, let see, I have got some other
notes here somewhere. You take notes during these meetings and
there is so much it is really hard to keep track of. I think
the main thing I am hearing from the maybe 50 or so people who
have spoken during the last two weeks of hearings is that you
want the site to be developed for s.f. homes and the question
I personally have to ask in response is where are the people
who earn less than $30,000 going to live and my sense is there
needs to be space of moderate density, mixed used housing,
that is affordable to those folks. And I think that this
particular site is probably a reasonable location for that
kind of mixed use housing. Moreover, what would happen if we
only permitted low density s.f. housing throughout the entire
city which seems to be what many of the people who come into
our p.h. say they want. I think the city would be dispersed
over a much larger area. There would be far more vehicle trips
per household. Each trip would have to be longer and the city
would have to build more roads, widen existing ones, increase
your taxes in order to pay for it and as a tax payer I don't
like that. As a council member I prefer not to make that
happen. Not only would the resulting housing units themselves
not be affordable but I think the overall pattern of
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F091295
#4C page 6
development itself would not be affordable and it would not be
sustainable over time. None of this is to say that in my
judgement Mormon Trek doesn't have some faults, Mormon Trek
Village. I think it does. I have been trying to express a
vision of how to develop in this community and Mormon Trek
doesn't fit that perfectly. So I would love to kind of redraw
it and kind of make things happen differently. But I can't. I
can't fault the developer for doing the best he can given the
existing distribution of streets and housing and so in the
area. I think he is trying to fit this development and it
isn't in a way that you all like. I understand that but I
think it is appropriate. So, I would agree with the P/Z
Commission and their recommendation. I am going to support the
rezoning.
Kubby/ I am going to support the rezoning, too, and it is really
hard to hear myself say that because when you have a room full
of people who have been very thoughtful about analyzing the
issues, articulating the objective and subjective which I
think both of those are very legitimate things on which to
base a decision because otherwise it would be a city without
a heart if we didn't take that subjective information in to be
part of the formula. And I think if this development were in
a different section within this neighborhood that I couldn't
support it because of that concentration issue because you
have done a good job of showing that you already have that
diversity of housing. The thing that mitigates that for me is
the specific place where this development is. That you have
got two arterial streets on the major portion of it and you
have got a highway behind it and that for me helps buffer or
mitigate some of the down side of you having more than your
fair share of this mixed style, mixed density of housing. If
another development comes to this area of town and there
aren't those kinds of circumstances, I probably would not
support it. I think we do need to look at where are these
kinds of densities in town. I need to do another review and
extensively review the zoning map to put out an additional
message to the development community saying we want to see
these kinds of development so that we don't have urban sprawl
and need to see that houses under a certain value don't -the
taxes you pay on those homes don't pay for the services that
are needed to provide-that you need us to provide and you told
us you wanted us to provide. But where else should they be so
that we can maybe say the next development we want to see like
this is we want to see it over here and maybe we need to be a
little more assertive about what the next step is. So it is
the arterial streets and the highway that make me feel
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comfortable saying yes to this. I guess I want to repeat that
part of my decision making process is not we need to help the
development community make money. That is not in my purview in
the decision making process. And actually when I am sitting
here thinking about it, it is like you know it would be really
easy for me to vote no tonight. It would kill it. I would have
all of your support in November. You would probably work for
me for reelection. But i have to follow my conscience and I
have to do what I feel my job is and that is to listen to you
actively, to digest all of the things people have said to me
formally and informally. Look at our Comp Plan, look at our
Vision and make a decision that I think is best for the whole
community and voting yes is part of that process. It is really
scary for me looking into all of your eyes here saying I am
going to do what you don't want me to do but it is what I
believe is the best thing to do and therefore I will be
supporting Mormon Trek Village.
Lehman/ Well, I, too, will be supporting this for the number of
reasons that you have mentioned. But the thing that impresses
me the most and I don't think we have ever really talked about
this. You see a 29 acre tract being presented as a single
development. We know where the green space is. We know where
the streets are. We know where the buildings are-
Kubby/ It would be nice if people could stay just a few more
minutes. We have listened to you-
Audience/ (Can't hear).
Kubby/ Excuse me.
Audience/ (Can't near).
Nov/ Would you like to come to the microphone? You may if you wish.
Obviously you feel strongly about this. You may as well be on
the record.
Sal Mekies/ I think most importantly about this whole issue is that
you have destroyed the credibility that you have.
CHANGE TAPE TO REEL 95-109 SIDE 1
Sal Mekies/ When you make a promise to a child or to anyone else,
you gulp it down because you say you have made a promise. You
have a zoning rule. We made decision based on that zoning and
now you are violating that trust that we put in you. So there
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F091295
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is more at stake to this.
Kubby/ That would mean we would never change the zone. We would
never-
Sal Mekies/ Rules are made to be broken. That is the lame argument.
This is what your response is? And they are made to be broken
when there are compelling reasons. What are the compelling
reasons? Let me hear it from him. Let him grovel for awhile
like we have all night. Let him answer and I want to hear from
all of you, each one by one, I am violating the rules in the
middle of the game because-
Pigott/ Well, I don't think that that is an accurate assessment
and-
Throg/ And I completely disagree with what you said. I appreciate
your anger or whatever but I disagree.
Sal
Mekies/ What do you think of the street across Abbey Lane.
There is a four lane street that becomes two lane. There is
already a street that propels into it. You are going to add
another street there. There is a hill coming down. There is a
curb on that hill. You cannot see. You literally have to
propel yourself into that street, right now. We have already
made it clear. We have documented that we already have the
most dense area. Okay. We have the most diversified area:
seniors, low income, etc., etc. You have absolutely no
argument except-except that for you this is a planning issue.
it is a technical issue. It is for the good of the motherland
and so once in a while you have to sacrifice a few people.
Pigott/ I don't see this as a matter of sacrificing.
Sal Mekies/ I appreciate your listening to me.
Pigott/ Thank you.
Lehman/ As I was saying, the thing I feel is very appropriate is
the fact that this is a totally planned development. We know
exactly what to expect. When I was on the P/Z Commission back
in the 70's I remember a couple of times we turned something
down because it wasn't what the public wanted. And we came
back in a very short time and built something that was far
more onerous than what was presented in the first place and I
do agree there is probably not everything about this that I
think is absolutely perfect. But the fact that it is totally
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F091295
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planned will take a period of perhaps 10 to 15 years to phase
in, that gives us time to deal with whatever problems do show
up and I do agree with the concerns of the neighborhood and I
think some of those problems will become real. I feel very
strongly in the capability of this city to deal with those
problems and I think we will. So I do support it. This wasn't
easy. I will compliment the neighbors. They have been very
courteous. They have been very kind. I think they have given
some very very good and very compelling arguments. I think
that we have to look at what we consider to be the really big
picture. So I will be supporting it.
Kubby/ Before Naomi speaks, the other thing I guess I want to
remind the community and the neighborhood is that when you
have an OPDH plan, a planned development, what is on here is
what has to be. So if the developer doesn't do this we have
some recourse. If some trees die and are not replaced and they
are on here, the property owners are obligated to do what is
on here. And so it is a way that we all can keep check on this
over time to make sure that things are as planned and it is a
protection for everybody. Not just the city but the neighbors.
That you can take on some of that responsibility to make sure
that it happens as it was outlined.
Nov/
I agree. I have a strong preference for OPDH. If I were going
to pre-zone OPDH there are a lot of areas where I really think
it belongs rather than RS-5. I think the fact that we have
approved not only the layout of the streets, not only the path
for the bicyclists and the runners and joggers and the
landscaping. We have also approved the appearance of each
building and if a developer under an OPDH plan says I want to
move this roof line from here to there, he does have to come
back and get permission to change the design, to move a
street, to put the parking anywhere else. We have literally
more control over this type of development than any other than
any other we could have proposed here. Because we are
delaying, as Karen said, with streets such as arterials and
highways, we are in a position where this becomes a reasonable
thing to do. When I was running for council six years ago
everybody said affordable housing was the issue and I would
say okay, we then ought to promote more condos, we ought to
promote more row houses, and people were saying at that point
only s.f. detached houses are acceptable to us. Since then
there have been condos and there have been row houses and they
have been successful in other areas of Iowa City and people
have sort of accepted them, not with great happiness. There is
still a lot of this I really must have a s.f. detached house
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F091295
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or I don't consider myself in the position of home ownership.
And this is an attitude from many people and I think that we
should not promote that attitude. We should promote the
attitude that there are ways to get into the housing market,
develop a little equity in a townhouse kind of situation, and
move on to a s.f. detached house in the future and Geri
McDonald spoke to us two weeks ago and said this is exactly
what her family did. And let's have some other families who
are going to be allowed to do this. And before we vote I have
to say that this neighborhood has done the best presentation
that I have ever heard. They did all the research. They came
in with numbers, with pictures and then when some of us said
we really want to tour the neighborhood, they took us out in
their own cars and toured the neighborhood with us. And I
cannot fault any of their presentation and still I think that
this is the right thing to do in this location for everybody
else. If we do not do more condos and row houses in Iowa City
there are going to be people doing them in North Liberty and
we are going to become far too high income of community for a
lot of people who have a need to live and want to live here.
So, putting this in this particular location is a reasonable
thing to do and I plan to do it.
Kubby/ You know, one of the things that I hear about our decision
tonight is that people will say everyone who spoke except the
developer or the engineer for the developer was against it and
therefore you don't ever listen to people and I guess I don't
want that to be the message. I fear that that will be part of
the message and that when you actively listen to people and
explain your vote as best as you can, looking at all the
complexities of all the issues we look at. For me it means I
just respectively disagree with the major concerns of people-
It doesn't mean I didn't hear your argument and find some of
them legitimate and others weaker. And so I hope people don't
become disillusioned with the process. I think we had an
evolution in the last four to five years of wanting it have
more people get involved in local government and it has
happened. More people are coming down. A lot of times it
happens because of what is perceived as a crisis in a
neighborhood. Then a lot of people stayed involved. One
because they kind of sit through long meetings and hear other
issues that are of interest to them. But to see more how their
issues are either repeated or how they are connected to other
issues in the community. So I hope that happens in this case.
It may be that somebody from this neighborhood decides to run
for city council this time and that would be another good
outcome. You have got until the 21st to get signatures and it
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F091295
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is not that hard to do. So I would encourage that as another
response to neighborhood. I hope people don't feel bad about
the process.
Baker/ Naomi, I want to reiterate something Karen just said because
I have said it before in other issues as well and I talked
Sunday with the neighbors out there and we used this word
understanding and I kept saying to particular people I do
understand your concerns and I think we all understand those
concerns and we have listened to those concerns. But
inevitably a decision doesn't all lead to us agreeing with the
position that they have taken. For anybody, I think I am just
speaking for the public in general now. For anybody to
misinterpret this decision as being insensitive or not
listening to a very organized intelligent group of people with
differing opinions is to do a disservice to this council. This
council has done the best job of any group of people I have
been associated with in the last ten years taking into account
those concerns. We can't always agree with them but we always
(can't hear).
Nov/
Well, we have even done some mitigation of those concerns. We
have asked the staff to put in a a traffic signal at Rohret
Road and Cae Drive in this FY or the next and it wasn't on the
plan for that soon. At some point we said well, eventually
there will be enough cars to need that. Because we have heard
from so many neighbors worried about the current traffic we
said okay, let's do it now. And when people have talked to us
about the lack of trees between the sidewalks and the street
we said okay, let's ask the developer if we can move the trees
close to the sidewalk, closer to the street and he agreed to
do that and he agreed to put in large shade trees rather than
ordamentals in those positions. So, I can't say that we have
not understood and have not responded. We just haven't done
exactly what the neighbors have asked for. Are we ready? Roll
call- (yes). I declare a five minute break.
Th~srep~sents~n~yareas~nab~yaccur~etransc~pti~n~fthe~waC~tyc~unc~meet~ng~fSeptember12~1995~
F091295
City Vote page 1
CityVote
Baker/ On procedure here before anything else comes up.
Nov/ Back in session, is that what we need? Okay.
Baker/ We are back in session?
Nov/ Yes.
Baker/ Okay. Doug Russell is here for three different HP items. I
am looking at him and don't see any controversy but if- I told
him I would ask if there are things that we want him to stay
for and answer on those issues later, we should tell him. But
if there are no questions for him, he might be able to take
off. I don't have any questions for him.
Nov/ I didn't have any questions. Anybody else? Bye, Doug.
Pigott/ See you later, Doug. Naomi, let's take the bull by the
horns here now. We have gone through one very tough issue and
I am going forward. I am going to steal Jim's thunder and
start us off on this next issue by moving reconsideration of
the resolution adopted by this council on September 5 which
directed the County Auditor to place a straw poll upon the
ballot at the election scheduled for November 7.
Nov/ Aside from the date you are okay.
Pigott/ I am sorry.
Nov/ It was the 29th of August.
Pigott/ Right and that reconsideration of the resolution occur at
a meting of this council to be held on or before 4:00
September 21 with notice as required by the Code of Iowa.
Throg/ I would second that.
Nov/ It has been moved and seconded (Pigott/Throg). Discussion.
Kubby/ I think it is very important that that is said completely
correctly. Are there any problems with that motion?
Woito/ No.
Baker/ Repeat the motion.
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F091295
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Pigott/ I move for reconsideration of the resolution adopted by
this council on August 29, 1995 which directed the county
Auditor to place a straw poll upon the ballot at the election
scheduled for November 7, 1995 and that reconsideration of the
resolution occur at a meeting of this council to be held on or
before 4:00 PM September 21, 1995 with notice as required by
the Code of Iowa. Is that correct?
Throg/ And that is what I seconded.
Baker/ Okay.
Nov/ Okay, now discussion.
Baker/ Discussion.
Pigott/ Well, why did I do this. You know, I have been on record as
supporting the CityVote proposition and over the past two
weeks we discussed this it became clear to me that the public
doesn't support this. I think the goals of CityVote are
admirable and I think Larry Baker's effort to bring this
before council to increase voter turnout to make possibly
alienated citizens who would like to know about presidential
primary and to bring issues before the council which are-
before those candidates which are often ignored before the
middle of presidential races was admirable. Upon hearing from
the public I found that there is not a lot of support for us
sending this to anywhere else and fighting a court battle over
this. I support the goals but I don't- I hear the public and
I hear the public saying you have talked too long about it. We
have talked too long about it. There are more important issues
to talk about and so I am wanting us to move on and this is
that effort to move on.
Nov/ Okay, speaking for the other side.
Pigott/ We are in agreement upon this.
Baker/ At this point in this debate I am not bothered by any
discussion of any kind and I don't take anything personally
anymore.
Pigott/ And that is a long time in coming folks.
Baker/ I even wasn't bothered by Stan Bench back there. Let me
very- I have a two part question and you have sort of begun to
address it, Brune. You want us to call a special council
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F091295
City Vote page 3
meeting to reconsider the resolution which you voted on
previously. Okay. Tonight is probably not the time or forum-
Well, it is the forum but not the time to discuss the merits
of the original resolution. What we really want to talk about
is why we should call a special meeting to reconsider the
resolution.
Nov/
However, if you chose to talk about the validity of the
original resolution it is not out of order on the motion to
reconsider.
Baker/ It is certainly not but if there is a majority of the
council that wants to reconsider, probably the more
appropriate time to talk about the merits of the original
resolution is at that reconsideration and I don't want to
spend a lot of time going through that if there are four
people who want to reconsider the resolution in a special
meeting, I will be more than happy to talk about the merits of
the resolution at that time. And as just sort of a side note
here I will be more than glad to talk about the merits of this
resolution in any other forum that anybody else wants to
arrange anywhere, anytime whether it is a cable program, a
library meeting or any other forum. I will be glad to do that.
I don't want to go through it again with the council at this
time but I will be glad to provide not just opinion but
information which I think is important in understanding this
particular resolution. Now, I will not support a
reconsideration. I was very comfortable with the original
resolution. I will still continue to support it and I will be
glad to talk about those reasons at length when it is
necessary. I don't think it is going to be necessary tonight
to do that. But on the point of reconsideration I guess my
question to Bruno is it is one of those sentences with a
semicolon in the middle. Two equal and independent clauses. It
is very simple. Why did you vote for it to begin with and if
you are going to reconsider an issue, regardless of whether it
is this one or not I would assume that there is something-some
compelling fact of information that wasn't available at the
time of the original vote to make you reconsider the issue.
Other than just public opinion, is there any information or
fact that is different now than when you voted and why did you
vote for it originally.
Throg/ Rather than pin you-
Baker/ Or Jim because you were going to talk about this also.
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Throg/ I intend to change in the sense of voting for the motion to
reconsider and I would like to address that topic and then
Bruno can say whatever he wants to. I do want to praise you
also. I think you brought an innovative idea to us. The idea
has stimulated a great deal of discussion about the
desirability of responding to the kind of political alienation
that Iowa Citians feel along with other Americans and I think
that is a good thing. Some of the discussion I have heard has
been very critical of you and I want my friends out there to
know I do know a touch of that criticism that has been
directed to yott. So I want to praise you for drawing attention
to a progressive idea that might draw attention to pressing
and important urban issues. Right. With that said, I think I
let myself decide too quickly without adequate information two
weeks ago. I personally did that. I am not saying that anybody
else did. At that time I took my vote to be an expression of
interest in whether the city council has a constitutional
right under the First Amendment to put questions on the city
ballot. I thought that was an interesting question. But in
subsequent conversations I learned that there are many
implications associated with that that I was unaware of and I
came to that understanding too from reading Kenneth Agran's
paper which you have talked about and which I am not blaming
you but which I did not have time to read right before our
meeting that night. So, you know, the argument for CityVote is
based primarily, I think, on that paper written by Kenneth
Agran and the ideas that are embedded in it and the whole
CityVote Project and I totally agree with Agran that the
selection, the presidential selection process, strongly tends
to divert attention away from urban issues. I think that is
right. I have lived in Chicago. I have lived in Los Angeles.
I have lived in Louisville. I have lived in South Kansas City.
I think they are right. Our nation's urban issues do deserve
much greater and wiser attention and CityVote might even be a
good step in the right direction. But that does not mean that
CityVote is a timely or appropriate idea for either Iowa or
Iowa City and I could go into detail about both of those and
I will be happy to do that. But I think in the interest of
time and moving things along I wills et that aside at the
moment and just say at that point I would urge us to
reconsider.
Lehman/ Naomi, Pat White has been kind enough to-
Nov/ I was about to say the same thing.
Lehman/ And I really-could we ask a question or two? You have sat
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F091295
City Vote page 5
through a long evening as a courtesy to us.
Throg/ Thank you for coming.
Pat White/ You are quite welcome. Thanks for inviting me.
Lehman/ It is my understanding that you, the State Attorney
General, and the County Auditor and Secretary of State have
all feel that this action on our part is not legal. Is that
correct?
White/ That is correct.
Lehman/ Well, I am going to support the motion to reconsider if for
no other reason then when I voted for this I honestly felt- I
was incorrect in my vote. But I felt the next morning Tom
Slockett would say hey, you can't do that. It would be all
over. It hasn't happened and this is really a tempest in a
teapot. I don't see us spending one more nickel or as far as
that goes, anymore time it takes to reconsider. I just think
it was a mistake. We have much more important things to do as
was evidenced tonight and wa have several more in here-
drilling wells and letting contracts and whatever. The point
is interesting. I would be very happy to discuss it at our
special meeting but I, too, will vote to reconsider. Do you
have any comments, Pat?
White/ I have a lot but I guess I will start by volunteering to
come to your special meeting rather than take up a lot of time
tonight if you are going to reconsider unless you have other
specific questions for me. I think it is illegal. I think it
is a bad idea. I would be delighted to join Larry at whatever
forum could be arranged but I am not sure many people care.
But I am here at your invitation. If I can answer questions,
I will be happy to do that or come back to your next meeting.
Nov/ You have been here so long. I think you ought to at least have
a chance to say something.
White/ You have a long agenda and don't worry about that. I
actually enjoyed sitting through your discussion. It has been
a long time since I have been in this room for a debate like
that and it was interesting to watch it.
Nov/
It is getting livelief every debate. Tell us why this is not
something that is legal and also why is this a kind of straw
poll that could not be done separately from the city elections
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F091295
city Vote page 6
if not on the ballot.
White/ I am not sure I have attempted to speak to the latter
question. I think you would have authority to explore all
sorts of devices other than an official ballot. Let me speak
briefly to the official ballot. 1968 People of the State of
Iowa adopted an amendment to their constitution following
enactment of the amendment by two General Assemblies which
said municipal corporations are granted Home Rule power and
authority not in consistent with the laws of the General
Assembly to determine their local affairs in government. After
the people adopted that amendment the Legislature began the
process of statutory implementation of municipal Home Rule
bearing in mind that people gave the legislature when they
gave you Home Rule, they gave the legislature power to make
exception. And when the city Home Rule implementation
committee made recommendations to the legislature they said
elections are not something we want cities to tinker with.
They are so important to the people in terms of uniformity and
predictability that they made an intentional conscious
legislative decision to retain i.r. preempt elections as a
matter of state law. And that is not just some arbitrary
legislative decision. That is a very important tenet of the
fairness of honestly and openness of election and one of the
things is it is designed to do is make sure that a particular
city council majority doesn't try to tinker with the election
for whatever reason, whether well intentioned or not well
intentioned. The people are guaranteed that you won't be able
to tinker wi-~h city council election. Now when this city,
through the vote of its people adopted a Charter as the
legislature permitted-When that Home Rule Recodification took
place, the Iowa Legislature enacted statutory authority for
your Home Rule Charter. The then city council which by
coincidence I was on appointed a Charter Commission which
recommended the Charter which has basically been in affect.
The inclusion in that Charter of initiative and referendum
actually in my opinion strengthen the case that you cannot
tinker with the election outside of your Charter. the people
of Iowa City created I & R. The city council didn't. The
people. Well they have set the premise for anything in the
electoral process other than electing candidates. There are
some specific statutory things you have. Bonding, you have got
some authority there. But the constitutional amendment in '68
reserved legislative power. You don't have blanket Home Rule.
And the legislature decided it didn't want to give you
statutory authority over your elections. You don't have-so you
are without authority to do it in my opinion. And the reason
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F091295
City Vote page 7
the First Amendment argument I don't think flies is we impose
all sorts of constraints upon the electoral process that do
impact on what would otherwise be First Amendment rights.
Everybody can't get on the ballot. You have got to get some
signatures. There are rules about who can sign. There are
rules about where you will live. The polls aren't open
anything other than the specified times. There are rules about
how you go about voting and when you vote and where you vote.
Those are all intrusions albeit minor in free speech or
otherwise First Amendment rights. On election day we have lots
of rules about what people can and cannot do. They cannot be
in the polling place. They cannot loiter near the election
place. They cannot go up to the polling place and campaign.
That is a very clear interference with otherwise First
Amendment speech rights. But it is a time, place and manner
regulation that will stand up constitutionally. The First
Amendment steps aside for all of the overriding public
consideration.
Kubby/ If part of the group of citizens decided that they were
interested in this CityVote idea being on the ballot and they
got the appropriate 2400 or 2500 qualified elector signatures
of people who are registered to vote and it met all the
specifications of an initiative. Would that be a legal item to
place on the ballot for that process?
White/ Maybe. At that point, Karen, I would probably step aside and
hand the ball to the City Attorney because at that point I
think the county's role and mine would be, the County
Auditor's role would be more administerial. If you utilize the
provision in your Charter to get something on the ballot I
wouldn't substitute my judgement for your on whether it was a
permissible matter of governance of the city. I personally
think there is still a question about it but it wouldn't be
one that the county Attorney would see the need to intervene.
The election question I do see a need to intervene. Hopefully
that won't be necessary.
Baker/ Naomi, Pat if you don't mind, I did not plan to have
questions for you tonight but hell, since you are here.
Because what you have just said stimulated some questions and
maybe the clarification I need. We are talking about Iowa
legislative law and election law now. It is my understanding
that many other states do allow these sorts of advisory
ballots on local ballot. It is not an idea that is untested in
other states, all right. Is it-when you talked about the issue
of 2400 citizens doil~g the same thing, presenting to this
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council the same exact resolution that we voted on, you seem
to be saying that might be legal. Is that a fair paraphrase of
what you just said?
White/ Yes.
Baker/ Okay, because there is a very clear provision in our Charter
for citizens signature initiative petition. So if our Charter
specifically said that the city council and it is one of those
things that we could consider in the future. I certainly don't
think a simple 4-3 is the proper-It is too easy of a vote if
indeed a simple majority could manipulate issues possibly. But
say an extraordinary majority by Charter provision agreed that
a particular advisory ballot was appropriate for the city
ballot and it was clear in the Charter where it is not clear
now. Then that would be the legal?
White/ It would at least give you a much stronger argument. I think
there is still going to be a questien, Larry. The Iowa Supreme
Court approval of initiative and referendum in the Clinton
case is at least in part based on some historical initiative
and referendum in Iowa. Iowa had what we refer to as special
charter cities. There is some initiative and referendum law in
Iowa that goes back into the early 1900's. What would happen
with a city that adopted a Charter that went beyond
traditional initiative and referendum, I don't know.
Baker/ That indeed might be a case that either the legislature
would try to preempt. I know that they have never done that to
cities before. But it might have to be resolved legally.
White/ One of the things to keep in mind is the Clinton case
actually got started by a County Auditor challenging the city
council.
Baker/ And the alternatives to an on the ballot straw poll, many of
them have been discussed, the citizen initiative signature
petition was improbably to begin with because of the time
constraints it sounded obviously impossible because of the
time constraints because we haven't got a decision, a
clarification from the Auditor about what he wants to do. So,
as alternatives, let me ask you if these are legal and again,
I will not hold you to any firm answer right now because you
may want to- If there were separate ballots printed, would it
be legal for the polling place workers to simply hand out a
ballot to a voter and say there is your CityVote and you can
drop this in a can over there?
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F091295
City Vote page 9
White/ No.
Baker/ That would be clearly illegal?
White/ Any activity in or in the immediate vicinity of the polling
place that is not part of the election would be illegal in my
opznzon.
Baker/ The last part of that phrase was in or near the vicinity?
White/ In or in the immediate vicinity of the polling place.
Baker/ What does that do with the status of exit straw poll?
White/ They would be permitted as long as they maintained a
sufficient distance from the polling place so as not to
interfere with voters exiting and so as long as they did not
interfere with voters entering.
Baker/ It would have to be 300 feet but it would have to be clearly
not an obstruction of ingress and egress?
White/ Yes. And the reason they can be within 300 feet is that is
not electioneering.
Baker/ Sure, okay. Could ballots be distributed outside the 300
foot range and the city or an organization simply have a
receptacle in the building of the polling place that people
would just drop it off?
White/ No.
Baker/ That would be an interference?
White/ That is you are back in the polling place.
Baker/ Okay but that is not an interpretation? That is in your mind
clear in the state law? Okay. And last question, you talked
about the First Amendment justification for this particular
project and you have-you don't see the strong First Amendment
case?
White/ No.
Baker/ Linda has problems with parts of a First Amendment case.
There are certainly other constitutional experts and scholars
who would argue there is a strong constitutional case. So it
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F091295
City Vote page 10
is not a unanimous legal opinion that there are no First
Amendment issues here. It would have to be, when you get right
down to it, I don't think there is a political will on oouncil
to do this but it is an issue that is really only resolvable
in court. Is that a fair statement?
White/ I don't agree with that. I haven't seen any other
constitutional experts other than those interested in CityVote
and this is personal opinion rather than legal advice as a
clearly non-Iowa organization. It didn't surprise me at all to
read this morning that organizations in Boston and New York
were anxious to come in and litigate.
Baker/ They are not anxious to come in and litigate. They are
anxious to support (can't hear). And I talked to Tom earlier
and he said well, these people-If I do not certify this
election I could get sued by these groups and I assured him
these groups are not going to sue you. These groups will
simply offer assistance to the council if the council wanted
to initiate any kind of actin. These groups are not going to
initiate and kind of action on their own. They will do nothing
unless they think there is a leader on this issue. But there
are, certainly I would disagree with you, other constitutional
experts and scholars and attorneys who would argue there is a
case that can be debated and resolved in court about this. The
ones dealing with CityVote obviously because it is the issue
we are talking about here and that is what I want to make sure
that always has to be cleared up. This is not an idea that
sprang fully grown out of any individual council members head.
It is-we are at the tail end of a three year process-project
and again, it is an idea not just for voter turnout but
participation in national project and those are the sort of
issues that we can talk about at another time. So, I just want
to ask-
Kubby/
Nov/ Let's talk about them at another time. I still have-
Baker/ Karen, listen to yourself here about asking other people to
hurry up.
Throg/ But we could encourage us to not talk about-
Baker/ And I have not talked about those issues.
Kubby/ Just outlining what they are.
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F091295
City Vote page 11
Baker/ Just a clarification about what some of the legal questions
were because I think that is Pat's role, to talk about the
legal issues and not the pros and cons of the CityVote project
itself. He and I, I know, have different opinions about that.
White/ I am willing to do the latter if given the opportunity.
Baker/ So, that is all I have.
Kubby/ I have another question.
Nov/ I have one, too. You go ahead.
Kubby/ Let's say for some reason CityVote is put on the ballot and
we have a majority of council members who are being elected in
this particular election and that ballot is challenged through
one who lost the election, yourself, an individual, another
organization. It is challenged. Can those four people take
office?
White/ It is going to be a hard call.
Kubby/ Okay, so it matters what the suit really is as to what the
answer to that question. But it is a possibility?
Woito/ It will depend on the procedural posture, as we call it,
whether it is an injunction, declaratory judgement, etc. and
what the issue, precise issue, is.
White/ The county had an election challenged in the 1970's where
the person receiving the most votes took the oath and took the
seat on the Board of Supervisors. The election challenge
actually ground on for a couple of different appeal issues for
a couple of years. Turned out the result was upheld and there
was no problem.
Kubby/ In that case, what would have happened if it was overturned?
The challenge would-
White/ Nobody knows.
Kubby/ Yeah, all those decision that person had made.
Baker/ Even the winners would have to wait.
Nov/ Two years we could just have another election. Pat, if someone
wanted to open the polls for a ballot issue such as this, is
This represents only e reasonably eccurate transcription of the Iowe City council meeting of September 12, 1995.
1:091295
City Vote page 12
this legal if it were not a city election if some individual
group wanted to do this and pay for it? Is this legal?
White/ I think it is. I don't know if you know this, Naomi, but you
are talking to someone who did that in 1969 in this city.
Nov/ Before I moved to Iowa City so tell me what happened.
White/ The Iowa City sponsored a referendum on urban renewal. We
rented polling places and polling machines and made up
ballots, publicized it, invited the community to come and vote
on urban renewal and they did. Thousands of them came and
voted in favor of it.
Baker/ Do you remember how the public opinion was voiced at that
time? Was it strong support for urban-?
White/ 53-47 or 57-43.
Kubby/ If a majority of people (can't hear)-
Nov/ Are there questions for Pat because I think we like to go onto
something else?
Throg/ I would encourage us to invite Pat to come to that meeting,
the special meeting, that we will have.
Nov/ Well, I appreciate your offer to come but if it is at a time
when you cannot come, I would like the council to be able to
ask questions now just in case he is in court that day. You
never know.
White/ It would depend on day and time.
Baker/ Again, what was the day and time you are talking about?
Nov/ We have not set that meeting. Something to be scheduled but it
is not in the resolution and we have not set it and we don't
want to set it. Wait until Susan comes back and she will get
everybody together at a convenient time which may or may not
be convenient to Pat White. So that is why I am saying if
there are questions,t his might be the time to ask.
Kubby/ When is Sue coming back?
Nov/ Tomorrow night I think. Okay, thank you very much. You have
been very patient.
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F091295
City Vote page 13
Kubby/ If a majority of people vote on this motion, I would like to
request that that motion be televised.
Baker/ Oh, I certainly hope so.
Kubby/ I would like us to make that happen.
Throg/ I support that.
Nov/ Does our television crew think that might happen. Maybe we
could get one camera. We will consider it.
Throg/ There is a nodding of a head.
Lehman/ I wouldn't spend another nickel on it.
Kubby/ Interesting point but I think that if only to have pr~.serve
the discussion.
Nov/ Do you have something to say about it?
Jim Spratt/ I have been here for three hours and I may not be able
to get to your other special meeting and I came just to say
that I just got back into town and I heard you might be
discussing this thing tonight and when this first came about
I couldn't believe my ears and quite simply someone earlier
said you were elected by the citizens of this city to
represent the citizens of the city and you all work very long
and hard hours and you go through reams and reams of things
and you try as best you can to resolve very difficult issues
and I commend each one of you individually and certainly I
commend you collectively. But I must say this is really
something because Larry Baker remarked about his concern about
a disservice to the council in a reference to an earlier
discussion. And I am amazed that the disservice that I feel
you are doing to the council by even bringing up this thing.
I don't think it is a question of law at all. It is a question
of it sounds to me it has nothing to do with the running of
Iowa city. I think you have enough to do there and that is
what you were elected for and I think the election process is
for the City of Iowa City and it is not to get into these
other issues. This is a non-partisan election process and non-
partisan election issues and the funny part of it is one of
your members when first elected to council, a number of people
were concerned about that individual potential approaches to
a number of issues and how that might all play out and as it
turned out, that was the only individual who had the common
This represents only a reasonably accurate transcription of the Iowa City council meeting of September 12, 1995.
F091295
City Vote page 14
sense to say no to this very childish thing. I thank you.
Nov/ Thank you. We have a motion to reconsider. Does this take a
roll call vote or just aye?
Woito/ I would just as soon have a roll call on this one. It is
touchy enough. I want to make sure. If anybody wants to argue
about it.
Nov/ I am asking.
Woito/ Probably a simple motion would be okay but I think-I would
just like to know.
Nov/ Roll call (5-1, Baker-no).
Woito/ We have to give 24 hour notice, post
your meeting is.
agenda for whenever
Nov/ We will follow all of the rules. It will be posted-
CHANGE TAPE TO REEL 95-109 SIDE 2
Kubby/ Talk to Marian about and I know evenings or early mornings
are what is going to work best for most people. So leave a
couple of choices before we leave tonight so that when Sue
gets back things can get rolling.
Nov/ Sounds like a good idea.
Kubby/ Don't let us leave without ito
Nov/ Before you walk out the door we all look at the calendar. All
right.
This represents only e reasonably accurate transcription of the Iowa City council meeting of September 12, 1995.
F091295
Agenda
Iowa City City Council
Regular Council Meeting
September 12, 1995
Page 7
95- $~/ d.
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 Residen-
tial, to RS-5, Low Density Single-Family Residential. (REZ94-0013)
(Second consideration)
Comment: At its July 18, meeting, by a vote of 6-1, with Scott
voting in the negative, the Planning and Zoning Commission recom-
mended approval of this rezoning. The Commission's recommenda-
tion is consistent with the staff recommendation 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, which was
continued to August 29. No comments were received on the 29th.
In a letter dated August 22 the applicant re. quested expedited
consideration of this item. ~___.~,~
Consider 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. (First consideration)
Comment: At its August 3'meeting, by a vote of 5-2 with Jakobsen
and Scott voting no, the Planning and Zoning Commission recommend-
ed approval of the requested text amendment. The Commission's
recommendation is consistent with the staff recommendation
contained in the staff memorandum dated August 3. Comments were
received at the August 29 public hearing on this item.
Act,on:
#4d page 1
ITF/4 NO. 4d.
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) (Second consideration)
Bob Miklo/ The applicant has requested expedited consideration of
this item.
Nov/ All right, item d., requested expedited?
Kubby/ Do we know why?
Miklo/ They were hoping to get started before the construction
season ends.
Kubby/ In terms of infrastructure, putting infrastructure in the
ground.
Nov/ (Reads agenda item d.) Moved by Kubby, seconded by Throg
(waive second consideration). Roll call- (yes).
Moved by Kubby, seconded by Lehman. Any discussion? Roll call-
(yes). Okay.
Thisrepresents only a masonably accuratetranscription ofthelowaCl~ council meeting of Septemborl2,1995.
F091295
Agenda
Iowa City City Council
Regular Council Meeti.ng
September 12, 1995
Page 8
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 Residential, and RS3, Suburban Residential, to P, Public.
(REZ94-0018) (Pass and adopt)
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 consistent with the staff recommen-
dation contained in the January 19 staff report, No comments. were
received at the Council's August 1 public hearing on this item, The
final reading of this ordinance should be deferred until the annexation
of this tract is approved by the City Development Board,
Action:
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. (Pass and
adopt)
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 hearing.
Agenda :'
Iowa City City Council
Regular Council Meeting
September 12, 1995
Page 9
h. Consider an ordinance amending the Zoning Ordinance by amending
the use regulations of an approximate 103.86 acres, which includes
the Highway 218/Highway 1 interchange and property located in the
southwest quadrant of the interchange from County RS, Suburban
Residential, to C1-1, Intensive Commercial. (REZ95-0011) (Pass and
adopt) ~/i~
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 this item. The final
reading of this ordinance should be deferred until word is received
from the City Development Board concerning the annexation ,of this
tract.
Action: '~'~- / ~/~)L~ /O if- ~.~
i. Consider a resolution approving the final plat of Dean Oakes Fifth
Addition, a 6.25 acre, 14-lot residential subdivision located at the end
of Quirtcent Street, north of Dubuque Road. (SUB95-0023)
Comment: At its August 17 meeting, the Planning & Zoning Commis-
sion, by a vote of 6-0, recommended approval of the preliminary plat
~ubject to the approval of legal papers and construction drawings, and
subject to Outlots 1 and 2 being added to the adjacent lots or
becoming City right-of-way. This recommendation is generally
consistent with the staff recommendation contained in the staff report
dated August 3. Construction drawings have been approved, and it is
anticipated that legal papers will be approved prior to the september
12 Council meeting. Letters have been received from the adjacent
property owners stating that they have agreed to purchase the outlots
in question,
Action:
#4i page 1
ITEM NO. 4i.
Consider a resolution approving the final plat of
Dean Oakes Fifth Addition, a 6.25 acre, 14-lot
residential subdivision located at the end of
Quincent street, north of Dubuque Road. (SUB95-
0023)
Nov/ This was a question of legal papers. Did we get-
Woito/ They have been approved.
Nov/ Everything is done? Okay. (Reads agenda comment)
Moved by Baker, seconded by Lehman. Discussion.
Kubby/ I guess I want to ask the question I asked Bob last night
and to see if there has been any update. Have there been any
calls or letters from the neighbors on North Dubuque Road with
any kind of concerns about additional traffic into that
neighborhood?
Miklo/ No, we received no input from the neighborhood.
Nov/ Okay. Roll call- (yes).
Thlsrepresentsonlyareasonablyaccurate~anscr~tlon ofthelowaCitycouncilmeetingofSeptemberl2,1995.
F091295
Agenda
Iowa City City Council
Regular Council Meeting
September 12, 1995
Page 10
ITEM NO. 5 -
PUBLIC HEARING ON AN ORDINANCE AMENDING TITLE 14, CHAPTER 4,
"LAND CONTROL AND DEVELOPMENT," ARTICLE C, "HISTORIC
PRESERVATION REGULATIONS," SECTION 3, "HISTORIC PRESERVATION
COMMISSION," BY INCREASING THE REQUIRED 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 ordinance will be accompanied by a r~solution amending the Commiss-
ion's by-laws with regard to the filling of vacated, unexpired terms as
suggested by the Rules Committee. The resolution will be introduced at the
time this ordinance receives its final reading.
Action:_
ITEM NO. 6 -
PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT
AND ESTIMATE OF COST FOR CONSTRUCTION OF THE IOWA RIVER
CORRIDOR TRAIL, IOWA MENlORIAL 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 $158,682, 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. This project will be bid by the Iowa Depart-
ment of Transportation.
Action: ~ ~
ITEM NO. 7 -
CONSIDER RESOLUTIONAPPROVING PLANS, SPECIFICATIONS, FORM OF
CONTRACT AND ESTIMATE OF COST FOR CONSTRUCTION OF THE
IOWA RIVER CORRIDOR TRAIL, IOWA IVlEMORIAL UNION BRIDGE TO
IOWA AVENUE PROJECT, AND DIRECTING CITY CLERK TO PUBLISH
NOTICE TO BIDDERS.
Comment: See cornment above.
Action:
#6 page 1
ITEM NO. S -
PUBLIC HEARING ON PLANSt SPECIFICATIONSt FORM OF
CONTRACT AND ESTIMATE OF COST FOR CONSTRUCTION OF
THE IOWA RIVER CORRIDOR TRAIL, IOWA MEMORIAL UNION
BRIDGE TO IOWA AVENUE~ PROJECT.
Nov/ (Reads agenda).
Lyone Fein/ And when I saw this on the agenda at the last meeting
when you set the p.h. for it I was kind of confused and I
continuing being confused because to my knowledge this already
exists.
Kubby/ It is on the other side of the river near the Art Building.
Fein/ I see. And so that is connecting up with the Hancher, the
path-
Pigott/ Yes, exactly.
Kubby/ And the challenge in that, the reason that is has taken us
so long to do this is that we have been negotiating with the
RR trying to figure out how to get around the structure. So we
are going to go through the structure. We are going to tunnel
through.
Nov/ And there is a path there which parallels the street and what
we are planning is something that parallels the river.
Fein/ Meaning it is closer to the river?
Nov/ Right. The path that goes behind the Art Building deadends at
the RR and there is no way to get to Iowa Avenue and we are
going to hopefully make a tunnel and get there.
Fein/ Okay, thank you.
Kubby/ Did we get any update on this issue of possible cost
sharing? Like a figure.
Rick
Fosse/ The University is working on that issue and they made
a request that we defer the bidding on this project while they
work these issues out and it is possible to do that. I talked
with the DOT. We can abort the bidding process at this time.
(Can't hear). We can can bid it in January or March. I want to
avoid February because that is a big bid letting for the
state. A small project like this could be overlooked.
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F091295
#6 page 2
Kubby/ Explain why because they are figuring out how much they are
going to contribute that this would postpone our process?
Fosse/ Right now they don't have the money appropriated for this.
The person they need to work with is out of the country and
they do want to be an equal player in the project.
Kubby/ So our resolution has to outline the funders?
Fosse/ No it doesn't. We could continue on this time line. However,
if we do, it might make those negotiations with the state more
pressured and more difficult. There are positives and
negatives to it. One of the positives is some of the feedback
that we have gotten back from the boring contractor is that
they are quite busy right now, they wish we would bid it a
little bit later. We might get it for a more favorable price.
Last night, Naomi, you brought up should we be looking at
other locations where we need to bore through the RR tracks
and package those things together and bid it all at once. That
will give us some time to evaluate that to see if we want to
accelerate something like the Pine Street project.
Nov/
And I think we should evaluate that. We may or may not be able
to do but we should at least consider that option when it is
so expensive to bring in the equipment.
Fosse/ Yes. The downside to delaying is, of course, it will be a
little longer until completion. However, even if we continue
with the bid now they aren't going to be able to finish the
trail until after the winter. So the delay might not be as big
as you would expect. The other downside is since the state is
bidding this, some of the plans are already out in contractors
hands and that hurts our integrity in the bidding community a
little bit. They have already put work into the work process.
Next time it is out they may not take it seriously.
Nov/ Do you think if we wait for January this is a reasonable time
to bid something like this?
Fosse/ Yes it is.
Kubby/ Why are we doing General Fund contribution to this? Why not
use more Road Use Tax?
Atkins/ When we did the CIP and the last go around, remember we put
a lump sum of money in, the $30,000. If I recall that was a
General Fund contribution. Now, when we get down to the final
Thisrepresents only areasonably nccuratetranscriptlon ofthelowa Citycouncil meeting ofSeptember12,1995.
F091295
#6 page 3
funding of these types of projects, we go back and re-work
them if there is anyway we can use Road Use tax monies. But,
again, the plan isn't a perfect document. If we get a little
bit more Road Use Tax, we can move it around. I have always
assumed you have allowed me some reasonable discretion in
doing that. Well, as you know, that appropriation of $30,000
each year for the seven year plan is in place.
Nov/
I don't remember exactly where it had to come from. We did
make a commitment that we were going to put some local funds
into it.
Atkins/ Yes, yes, no doubt about that, right.
Nov/ On recommendation of the City engineer we want a motion to
defer this? Close the p.h. P.h. is now closed.
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F091295
#7 page
ITEM NO.
Nov/
? - CONSIDER RESOLUTION APPROVIN~ PLANS~
SPEOIFICATIONS~ FORM OF CONTRACT AND ESTIMATE OF
COST FOR CONSTRUCTION OF THE IOWA RIVER CORRIDOR
TRAILv IOWA MEMORI~L UNION BRIDGE TO IOWA AVENUE
PROJECTv AND DIRECTING CITY CLERK TO PUBLISH NOTICE
TO BIDDERS.
(Moved by Kubby, seconded by Pigott to defer indefinitely).
All in favor say aye (ayes). Okay, the ayes carried.
Thisrepresents only areasonably accuratetranscription ofthelowcCItycouncll meeting ofScptemberl2.1995.
F091295
Agenda
Iowa City City Council
Regular Council Meeting
September 12, 1995
Page 11
ITEM NO. 8 -
PUBLIC HEARING 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.
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 ± 1 600 feet. Estimated well 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.
The estimated cost of the work is $246,000. This work will be financed
from Water Revenue Bond proceeds.
Action:
ITEM NO. 9-
ITEM NO. 10 -
CONSIDER A RESOLUTION APPROVING 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, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOM-
PANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT
FOR BIDS AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS AT 10:30
A,M, OCTOBER 3, 1995.
Comment: See comment above.
Action: ~)~/~ ///~(~'
PUBLIC HEARING 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. The estimated cost of the work is $675,000. This work will be
financed from Water Revenue Bond proceeds.
Action:
#10 page
ITEM NO. 10 -
PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF
CONTRACTt AND ESTI14ATE OF COST FOR THE CONSTRUCTION
OF GROUND STORAGE RESERVOIR PUMP SYSTEM
IMPROVEMENTS PROJECT.
Nov/ P.h. is now open.
Atkins/ Naomi, could I ask Chuck to come to the microphone? I know
it is late but I want a quick question. During another p.h. a
gentleman talked about water pressure problems on the west
side. Any of this work related to that?
Chuck Schmadeke/ It will help stabilize the pressure on the west
side. It won't improve pressure but now they fluctuate.
Atkins/ That appeared to be the complaint, was the fluctuation.
Okay, thank you.
Nov/ Well, the real complaint that I have heard from this man and
others is the lack of pressure because if you have got this
faucet running and that faucet running, you get a trickle out
of each of them and just dare not turn on one source of water
more while you have got something else going.
Atkins/ Any other related projects that would address that issue?
Schmadeke/ When we build the pipeline from the new plant site to
east tank on Emerald Street. Then those pressure problem will
be alleviated. This project, though, will maintain uniform
pressure in that area.
Lehman/ Wouldn't uniform pressure-this would improve if you could
turn on 2, 3, or 4 faucets at the same time and still have a
uniform flow?
Schmadeke/ As the demand in that area increases, it should help
stabilize pressure (can't hear).
Throg/ I would like to ask Chuck a couple of questions, I guess. Is
this particular project part of the overall set of system
improvements that you have already been expressing for months?
Schmadeke/ Yes it is.
Throg/ Is the $675,000 cost incorporated into current estimates
about the total cost of that system improvement?
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F091295
#10 page 2
Schmadeke/ Yes it is.
Throg/ Will there be additional water revenue bonds? Will we need
to issue additional bonds simply in order to do this or is
that already incorporated in our bonding.
Arkins/ It is-already incorporated.
Throg/ Will there any additional water rate increase directly
associated with this other than what is already planned or
incorporated in the rate increase we adopted back in January?
Schmadeke/ I think it is covered in those rate increases. I think
Don is talking about having a resolution so we can sell bonds-
Atkins/ These projects are part of a long list of projects which
totaled up to the planned debt issuance that we were going to
have. This is not new money in here and that is incorporated
in that debt schedule and thereby incorporated into the
recommendations we made to you.
Throg/ That is what I understood but I wanted to be clear about it.
Arkins/ Correct.
Nov/ That is it/ Okay. P.h. is closed.
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F091295
Agenda
Iowa City City Council
Regular Council Meeting
September 12, 1995
Page 12
ITENI NO. 11 -
~/.5- Z?5 _
ITEM NO. 12 -
CONSIDER A RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM
OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF
THE GROUND STORAGE RESERVOIR PUMP SYSTEM IMPROVEMENTS
PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY
EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR
BIDS AND FIXING TliVlE AND PLACE FOR RECEIPT OF BIDS AT 10:30
A.NI. OCTOBER 3, 1995.
Comment:
Action:
See comment above,
PUBLIC HEARING ON CONVEYANCE, BY QUIT CLAIM DEED, OF CITY-
OWNED PROPERTY IN SAINT MATTHIAS ADDITION ABUTTING ROBERTS
HOME TOWN DAIRY PROPERTY TO ROBERTS HOME TOWN DAIRY.
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/sq. ft. for a total sum of $2,603. This purchase would provide the
space needed to erect a proposed receiving/storage building for the dairy
processing facility and will put the land back on the tax rolls,
Action:
ITEM NO. 13 -
?5- ~'~,
ITEM NO. 14-
CONSIDER A RESOLUTION AUTHORIZING CONVEYANCE, BY QUIT
CLAIM DEED, OF CITY-OWNED PROPERTY IN SAINT MATTHIAS
ADDITION ABUTTING RO9ERTS HOME TOWN DAIRY PROPERTY TO
ROBERTS HOME TOWN DAIRY.
Comment: See comment above.
ANNOUNCEMENT OF VACANCIES.
a. 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.) (4 females and 2 males presently
serving on the Commission.) This appointment will be made at
the September 26, 1995, meeting of the City Council.
(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 appointments will be made
at the October 10, 1995, meeting of the City Council.
Agenda
Iowa City City Council
Regular Council Meeting
September 12, 1995
Page 13
b. Current vacancies.
(1)
Senior Center Commission - Two vacancies for throe-year terms
ending December 31,1998. (Terms of Harold Engen and Patrick
Peters end.) (5 females and 2 males currently serving on
Commission.) These appointments will be made at the October
24, 1995, meeting of the Citv Council.
ITEM NO. 15 - CITY COUNCIL INFORMATION.
ITEM NO. 16 -
REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY.
a. City Manager.
b. City Attorney.
#15 page 1
ITEM NO, 15 - CITY COUNCIL INFORMATION.
NOV/ City Council Information.
Kubby/ I have two items. One is I received a lot of inquiries from
people about the charges that were put against the person who
through a motor vehicle accident, the result was man on a
bicycle were killed on Local Road, feeling that the charges
were not severe enough for what the result of the accident
was. And ask me if it were in Iowa City would the charges be
different. Someone explained to me very briefly and I think I
have got this right that the charges would be no different
because what you decide to charge is based upon rules within
the State Code for these kinds of things and if there would be
an enhanced penalty and more severe charges if someone causes
an accident with intent or they-it is an alcohol related
accident° Otherwise it is the action that you are getting
charged for, not necessarily the result. And I know that there
are people in town who are interested in changing the state
law and some of those people are going to meeting at the court
house in a very few hours, at 7:45 AM, on Wednesday, September
13 and it is not to be disruptive of the proceedings at the
Magistrate Court. It is to provide information and to be a
springboard event to allow people to help change the state
law. People are asked to come, where black arm bands, where a
bike helmet and it will be a quiet, I think silent, protest.
Woito/ What was the charge?
Kubby/ There were three different charges.
Woito/ It was a simple misdemeanor.
Kubby/ There were three separate charges for this particular case.
And I guess they are not trying to focus on this particular
case but to honor Kevin Joyce's death in a way that is
productive in saying in the future what should be done.
The other issue I want to talk about briefly is that this week
is the beginning of the Iowa Women's Music festival and it is
hopefully going to become an annual event° This is the second
time there has been an extended festival. September 13 the
Urban Bush Women are going to have a community sing-a-long at
Old Brick and it is free and all people are welcome to come.
On the 15th the Urban Bush Women will be at Hancher performing
and afterwards there is going to be a riot girls' night at the
Coffee Cellar. Come and party down. And on the 16th at the
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F091295
#15 page 2
fair grounds, starting at 10:00 Am there will be a variety of
workshops. There will be vendors there, fine arts and crafts,
books, with music, etc. and then at 11:00 there will be music
all day long. So everyone is welcome to come down to the fair
grounds. This is not a restricted event even though it is
called the Iowa Women's Music Festival. The musicians will be
women. Come and enjoy. Thanks.
Throg/ I don't think I will bring anything up given the time.
Thanks.
Pigott/ I promised several people I would bring up things.
Nov/ I promised Sue a whole list of things.
Pigott/ Most of them will be very short. First of all someone asked
me today, just a few minutes before out meeting, where is that
Melrose EA? Here it is. We just got it on our desks. We will
have it read by 8:00 AM. We got it, finally got it. So, I want
to let the person know that.
Second I wanted to alert the City and you probably know about
it but I wonder whether we would be willing to take some
action about that dip in the road at Ronalds and Lucas. It is,
as you are going by Happy Hollow Park on Ronalds. You know,
you go down that hill and you are going down that hill, if you
are going 25 mph it doesn't matter, right at that
intersection, woosh. Is it Brown?
Atkins/ If it is by the park it is Brown Street.
Pigott/ Okay, maybe it is Brown. I am sorry.
Atkins/ Brick Street?
Pigott/ Brick Street, right, exactly But it bottoms out right
there. Is there some way we can do something about that.
Several people have talked to me about that.
Atkins/ One, go slow. I don't mean that to be smartaleck. It's not
intended to be driven probably beyond the 20 mph. Secondly I
had a complaint about that a number of years ago and if I
recall, the explanation was it is also serves-the street
serves as a drainage. It is designed to capture that water and
push it off and if you lifted the crown of the street in any
way, you are just going to push that water into the homes. So
it really is-maybe we can sign it there.
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F091295
#15 page 3
Pigott/ Maybe there is something we can do because even when you
are going 25 I think you can hit that thing and be shocked at
the very least. Okay.
Nov/ Those are natural speed bumps.
Pigott/ They also can cause some damage to your vehicle or your
bicycle.
Nov/ They help the water problem.
Pigott/ That is true.
Atkins/ We re-did that street about three years ago and back in
brick. It was in pretty ragged shape and I remember down at
the bottom we had filled in some concrete and we took all that
out and put the bricks back. Okay.
Pigott/ Third thing is Tom Baldridge is waiting for a phone call
from me. Tom I will be later about that.
Fourth, I have had some questions about synchronized lights on
Burlington.
Council/ (All laughs).
Pigott/ I know but there are people that told me
bring this up at this council meeting. Steve,
the situation. In short order.
you had better
can you explain
Atkins/ You heard the groaning from council members. It is a very
common complaint. I will try to answer it succinctly given the
hour. First of all it is a state highway and subject to their
jurisdiction. So anything you choose to do or not to do they
have to approve. There is an expectation I believe that
Burlington will function in the same fashion as Market and
Jefferson. It just simply has different kind of traffic
patterns. Burlington is subject to the side friction, both
pedestrian and vehicular actuated. So when cars pull up to
those side streets entering onto Burlington they are tripping
the signal. It is very very difficult to in affect have the
synchronization or the expectation of such that you might have
on Market and Jefferson. We have some unusual delays built
into the system. At Dubuque we have an extraordinary time
period at that spot because we have housing for elderly
citizens allowing them to get back and fourth across the
street. I think drivers are just simply going to have to
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F091295
#15
page 4
understand there is going to be a level of inconvenience and
it is primarily because there is a lot of pedestrian traffic
and secondly the side friction. I am not sure there is really
much more we can do. It is a common complaint.
Kubby/ What is the advantages in this case of allowing side traffic
whether it be a vehicle, motorized or not or pedestrians to
interfere with the synchronization to let traffic flow and
have that kind of ability to cross Burlington on the side
streets. Why is it better to let it be triggered than to have
it on a consistent-?
Atkins/ Oh, I see. I suspect it has a lot to do with the rush hour.
I mean I would have to ask Jim. I think I understand your
question is that Clinton Street is going to be busier at 6:00
AM and 9:00 AM and 3:00 to 6:00 or something such as that. I
am just making that one up.
Kubby/ Could we get information from him as to why that strategy of
allowing side traffic to trigger at the signal is a better one
for that area?
Atkins/ That is the best answer I have got right now because that
is a common question.
Nov/
I need an answer to that one because while you are delaying
with a lot of traffic during heavy travel times, specific
timing is easy to deal with. but if you are dealing in a slow
traffic time, if you are driving by on a Sunday afternoon and
there is absolutely nobody on the sides street, traffic on
Burlington would have to stop anyway and it just doesn't make
sense every minute to have the timed lights.
Kubby/ I always think computers can do everything. To make it work
differently during peak times-
Atkins/ I suspect it could. But the other thing is that still have
the pedestrian actuated thing and I think that that is the one
that is- I think it is a value judgement. It is unfortunate
but I know folks complain about Burlington.
Kubby/ There are some peripheral issues.
Atkins/ There are loads of peripheral issues on this one.
Kubby/ I mean in terms of pollution prevention, gas mileage.
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F091295
#15 page 5
Pigott/ This person I talked to brought that up. His concern was
big, you are sitting at that light, go through that area, you
stop at a light, sit at a light and you are polluting (can't
hear). He thought-
Atkins/ It is a legitimate complaint. I am just not so sure we can
resolve it for him. I will check that thing with Jim that you
asked.
Pigott/ Thank you.
Baker/ I will speak very quickly. Bruno threw me for a loop there
when he started talking about the dip at Ronalds and Lucas
because I thought I knew where are the dips were in Iowa City.
Pigott/ Stop, Larry.
Baker/ I was going to very briefly mention and congratulate our
star reporter Jon Yates for his promotion but he left. So I am
not even going to congratulate you, Jon.
Last thing, very quickly and seriously. About 3-4 months ago
I call a phone call from people who were talking to individual
council members about Iowa City being a test community for a
local ordinance on required bicycle helmets. Whatever happened
to that discussion? Is it going anywhere?
Nov/
I was at a meeting. Bruno was there also. And we tried to get
it on the agenda for JCCOG and it didn't get on that agenda.
As far as I know, that group of folks is still planning to
bring it up to the legislature in January.
Baker/ Make it a state law and not a-
Nov/
But we could still consider doing it locally and there would
be nothing to prevent it. We talked for quite a long time
about trying to get the schools involved and then explained to
these people that there are five different cities plus Johnson
County if you want to start saying who are included in this.
Iowa City Schools are not just Iowa City. So they backed off
but maybe just Iowa City. We have a stack of reading materials
if you want to see it.
Baker/ No, I saw some of that.
Pigott/ It seemed they were at initial stages in our meeting at our
meeting talking about what kind of ordinance that they are
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F091295
#15 page 6
interested in and how they would like to approach it.
Baker/ I was just wondering-
Nov/ I haven't heard from them again. Have you?
Baker/ I don't like motorcycle helmet laws either. So I wasn't
supportive of this particular idea.
Nov/ You think people on motorcycles should be allowed to go
without helmets?
Baker/ Yep.
Nov/ Okay, we will argue that one another day.
Baker/ Big city issue.
Nov/
Another big city issue. Okay. For the city council because I
know this is not for the people at home. They have heard all
about it on the 10:00 PM news. The results of the School Board
election. Ernie Galor-75.5%, Marvin Lynch-93.14%; and Ray is
30.1%. Write ins-1.26%. The bond issue passed with 70% yes.
Well, okay, now you know.
Okay, I have a list. The first thing I would like to remind
people that we will have a 12th Annual Human Rights Awards
Breakfast. This breakfast is on Thursday, October 12, 1995 at
7:30 AM and it is at the IMU. The HP Commission would like
people to nominate perspective award winners and there are
categories of a business award and individual award and an
individual and service organization and this is something that
is due on Friday, September 22 if you can nominate people.
Nomination forms are available here at the city. you don't
even have to come. Call and they will be sent to you and also
if you want to come to the breakfast you can send in your
$10.00 and come to the breakfast.
There are also awards to come in November by the Chamber of
Commerce and those are awards for business and industry and
therefore people who have considered environment carefully,
have been out there working on economic development and those
various awards can also deserve nominations. If somebody is
interested they can call the Chamber of Commerce.
On Sunday afternoon there was a huge celebration and tour of
Iowa City by the Japanese visitors who are here in Cedar
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F091295
#15 page 7
Rapids for the Midwest Japanese Conference in business. They
were welcomed in Iowa City at the Mayor's house, at Longfellow
School. There were dozens of volunteers and our Mayor said
please thank all of the volunteers. She did give me a list, it
is the right way to do it, you could leave somebody off of the
list. But people really worked hard on it. The visitors had a
terrific time here and the Mayor expresses her thanks.
I went to the Coldren residence on Sunday afternoon and read
our proclamation for their rededication of their retirement
residence. They did a terrific job. Department of Development
here, the CDBGs staff. Everybody was absolutely delighted the
way this turned out. The residence were delighted. The Board
of Directors were delighted. Everybody was patting each other
on the back. We had some good speakers and we all had a good
time.
There are two, well, I guess just one event coming up that I
would like to mention. There is an Intellectual Freedom
Festival at the ICPL on September 24 and they will have a
speaker on intellectural freedom. This is an event open to the
public free of charge, followed by a reception afterwards. So
come to the library at 3:00 on September 24.
Also the Mayor has said we should congratulate Alegra Dane
because she is a 1995 Iowa Master Farm Homemaker which is a
statewide honor right here in Iowa City. I should say in
Johnson County, Alegra has been a strong volunteer on
community and farm events for many many years. You deserve it.
Okay. Moving on.
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F091296
#16 page 1
ITEM NO. 16 - REPORT ON ITEMS FROM THE CITY MANASER /%ND CITY
~TTOP~NEY.
a. City Manager.
Nov/ City Manager-
Atkins/ One quick item. Just to remind you that Thursday, the 14th,
7:00 PM we are having a little workshop here for council
candidates on financial issues. Intended just to be an
overview of general finances. That is it.
Nov/ And this is for candidates and staff?
Atkins/ Council candidates. Don Yucuis, the Finance Director, and
I will be conducting the workshop. It is a public meeting.
Folks are welcome to sit in and listen if they would like.
Nov/ Okay, anybody can come and listen. City Attorney-
b. City Attorney.
Woito/ Nothing tonight.
Baker/ Naomi, can we consider jumping to item 22 to get some more
people home?
Nov/ Do you think these people could go home?
Baker/ Rick has a cot in his office so I don't worry about him. But
Susan might want to go home.
Nov/ If by general agreement the council would concur.
Council/ (Yes).
Nov/ Okay, we have skipped to item 22.
F091295
Agenda
Iowa City City Council
Regular Council Meeting
September 12, 1995
Page 14
ITEM NO. 17 -
RECOMMENDATIONS OF BOARDS AND COMMISSIONS.
a. Consider recommendations of the Human Rights Commission:
{1)
that the Human Rights Ordinance be amended to provide the
Commission with the authority to subpoena witnesses and
conduct discovery in all cases involving allegations of discrimina-
tion as opposed to just housing discrimination cases.
(2)
that the Human Rights Ordinance be amended to add to the
definition of sexual orientation actual or perceived male or female
heterosexuality, bisexuality, homosexuality, transsexuality, or
transvestism and to include a person's attitudes, preferences,
beliefs and practices pertaining thereto.
Comment: A m~-;'.~ to set a public hearing for September 26,
1995, on these proposed amendments is presented for Council
approval as Item No. 2d.(2).
ITEM NO. 18 -
CONSIDER A RESOLUTION OF INTENT TO CONVEY A TWENTY-FOOT
WIDE, VACATED PORTION OF ALLEY RIGHT OF WAY LOCATED EAST OF
GILBERT COURT, IMIVIEDIATELY SOUTH OF THE IOWA INTERSTATE
RAILWAY AND IMMEDIATELY NORTH OF LOT 4 OF BLOCK 3, LYON'S
ADDITION, TO BERNARD AND JOANNA IVIILDER, AND SETTING A PUBLIC
HEARING FOR SEPTEMBER 26, 1995.
Comment: The City Council has considered and passed an ordinance
vacating a twenty-foot wide alley right-of-way located east of Gilbert
Court, immediately south of the Iowa Interstate Railway and immediately
north of Lot 4 of Block 3, Lyon's Addition. Bernard and Joanna Milder own
the property adjacent to the vacated rigl~:~,f way. They have offered to
purchase the vacated right-of-way for 3~r¢ § square foot for a sum total of
.~ ~t~.00, the assessed vslue of the property. This Resolution declares the
4~,~ff'~City Council's intent to convey the property to Mr. and Mrs. Milder and
~3' sets a public hearing on the proposed conveyance for September 26, 1995.
Action:
#18 page 1
ITEM NO. ~8 -
CONSIDER A RESOLUTION OF INTENT TO CONVEY A TWENTY-
FOOT WIDE~ VACATED PORTION OF ALLEY RIGHT OF WAY
LOCATED EAST OF GILBERT COURT, I~tEDIATELY SOUTH OF
THE IOWA INTERSTATE RAILWAY AND IMMEDIATELY NORTH
OF LOT 4 OF BLOCK 3, LYON'S ADDITION, TO BERNARD
~ JO~NNAMILDER, AND SETTING A PUBLIC HEARING FOR
SEPTEMBER 26, 1995.
Nov/ (Read agenda comment).
CHANGE TAPE TO REEL 95-110 SIDE 1
Nov/ The comment here says $.30 but the recent notice says $.55. So
$.55 a square foot for this particular r.o.w. is the price at
which this will be sold and this resolution declares that the
city council intends to convey the property to Mr. and Mrs.
Milder and that we intend to have a hearing on this item on
September 26.
Moved by Kubby, seconded by Pigott. Discussion.
Kubby/ We are not locked in on the price by voting on this,
correct? It is just our intent to convey to these individuals.
Woito/ Correct. And I did-Dan Hudson had given a couple of figures,
so I selected the higher one rather than the lower one which
is our option.
Nov/ Okay, so we have a intent to offer this property to these
people at $.55 per square foot. That is all we are saying?
Woito/ Right and you have a p.h. and you can get any input you want
and decide then.
Nov/ Roll call- (yes). Okay, resolution is adopted.
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F091295
Agenda
Iowa City City Council
Regular Council Meeting
September 12, 1995
Page 15
ITEM NO. 19 -
ITEM NO. 20 -
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND
THE CITV CLERK TO ATTEST AN AGREEMENT BETWEEN NNW, INC. OF
IOWA CITY AND THE CITY OF IOWA CITY TO PROVIDE ENGINEERING
SERVICES FOR THE SUMMIT STREET BRIDGE REPLACEMENT PROJECT.
Comment: This project involves the replacement of the existing Summit
Street Bridge, which spans over the Iowa Interstate Railroad, and approach
roadways from Kirkwood Avenue to Sheridan Avenue. Contracted
engineering services for design, project administration and inspection will
total approximately $118,000 and will be funded by road use tax.
Construction is tentatively scheduled for 1997, and is dependent upon the
availability of federal funds.
Action: ~/~ ~.c~ / ~/./y~ ~..~..x
CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING
MAYOR TO SIGN AND CITY CLERK TO ATTEST A CONTRACT FOR THE
CONSTRUCTION OF THE 1995 CURB RAMPS PROJECT.
Comment: The bid opening for this project was September 6, 1995, and
the following bids were received:
All American Concrete, North Liberty, IA t~ 170,301.90
Engineer's estimate $ 103,411.90
Public Works and Engineering do not recommend that the contract be
awarded to All American Concrete. Public Works and Engineering
recommend rebidding this project at a later date for construction in
1996.
Action:
#19 page 1
ITEM NO. 19 -
CONSIDER A RESOLUTION AUTHORIZING TKEM~YOR TO SIGN
~/~D THE CITY CLERK TO ATTEST ~N AGREEMENT BETWEEN
NNW, INC. OF IOWA CITY AND THE CITY OF IOWA CITY TO
PROVIDE ENGINEERING SERVICES FOR THE SUMMIT STREET
BRIDGE REPLACEMENT PROJECT.
Nov/ Moved by Kubby, seconded by Lehman.
Atkins/ Naomi, I have a question for Rick. Just so I understand
this agreement. We can pull out at any time?
Fosse/ Yes.
Atkins/ And just pay by-
Fosse/ Yes.
Arkins/ Because I am assuming, given our experience with bridges,
that we will bring back to council a preliminary design,
ideas, before we get into the whole-
Fosse/ That is why we are getting a jump on this one because of the
issues
Arkins/ Thank you very much.
Nov/ I read that one, too, looking for things like that and I also
look for neighborhood involvement and that, too, was in the
contract.
Atkins/ We have already had some meetings with them. I just wanted
you to be aware of that. How did we get in so deep as we did
last time. Thank you.
Kubby/ And we have been meeting with people in the area on the
front end of the design as pre-design meetings. That language
isn't in the contract. Is that the same meaning that there is
two different times where neighborhood involvement is outlines
and one is very early in the process. So that would be a pre-
design meeting like at Rohret Road?
Fosse/ That is correct.
Kubby/ I like this new trend we are on. I think it is very helpful.
Nov/ I went to one of those meetings when they were discussing the
Wolf Avenue Bridge and I think people were very happy to be
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F091295
#19 page 2
involved.
Fosse/ Works better for us.
Pigott/ It does, all around I think
Nov/ Okay,
it is a good idea°
any further discussion? Roll call- (yes).
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F091295
#20 page 1
ITEM NO. 20 -
CONSIDER A RESOLUTION AWARDING CONTRACT AND
AUTHORI~INS MAYOR TO SIGN ~ CITY CLERK TO ATTEST
A CONTRACT FOR THE CONSTRUCTION OF THE 1995 CURB
RAMPS PROJECT.
Nov/ (Reads agenda comment)
Kubby/ Do we need to vote this down if we want to follow that
recommendation?
Nov/ That is the way I hear it.
Moved by Kubby, seconded by Lehman.
Baker/ Can I ask Rick a question here? Or maybe it is a legal
question as well. When you only have one bid on a project and
you don't like the bid, can you then enter into negotiation
with that one bidder or is that not-?
Nov/ I don't think so.
Woito/ No, not for public improvement.
Fosse/ Once it is over $25,000 there is no opportunity for
negotiation.
Woito/ You have more flexibility if it is just for services.
Baker/ So what will-what is the push back time on re-bidding?
Fosse/ We will re-bid over the winter. There are some other
contractors that do this type of work but they have a full
platter for the remainder of the season. Hopefully we can
bring some of those in. We may never get the bid price down to
our estimate. The feedback we are getting from the contractors
who have built these color curb ramps for us is that they have
not made money yet on them. They are taking more work than
expected. We adjusted our price and our estimate up
accordingly but apparently not enough.
Baker/ But we are going to try to accelerate it so we don't lose
too much time keeping this schedule on this conversion
process?
Fosse/ Right. We will probably bid two projects for construction
next summer. We have to be careful that, again, we don't
exceed the contractors in our community's ability to get them
This represents only a reasonably accurate transcription of the lows City council meeting of September 12, 1995.
F091295
#20 page 2
done because then the prices go up.
Nov/
I question the cost of this because we just approved last
years curb ramps project and they were 198 ramps and what was
$86,232 or there abouts. This years projects is 150 ramps and
building at almost twice the price of last year. So I said why
and Rick explained that these are really more complicated
ramps. They are larger, more like the sidewalk and the
construction. But also that the people who have put in these
red ramps have been complaining that they don't make enough
money on it. They just take too much time and I don't
understand this so I wish you would explain.
Fosse/ In this years program the locations were more difficult. So
rather than just two squares of sidewalk per ramp, it may go
back 20 to 50 feet in order to get the slopes to meet ADA
regulations. Then to do that we need to put in some minor
retaining walls to hold the yards back in turn. But-And we
also expected the unit prices to go up. But I do think we can
do better than the price that we got here. We just need to get
it bid in a competitive environment and bring that down at
least some.
Nov/
I understand that but I don't understand why putting the red
color in has made the curb ramps so much more expensive that
the person who bid on it didn't make any money or he claims he
didn't make any money.
Fosse/ The color is put in in a separate pour. It is put in the mix
after it is in the forms. So instead of pouring the curb ramps
in all one pour. Now you have two pours and you need to work
the color into the top of the concrete so isn't a paint. It
goes down into the concrete a certain distance and you bring
a whole truck load of concrete out and then you have got to
get that operation done on just one square of concrete in a
number of different locations and it is a hard thing to get
done in the window of opportunity that you have before the
concrete begins to set up.
Kubby/ You probably have more people involved to get that time
frame.
Fosse/ That operation itself is very labor intensive but it happens
infrequently. So what do you do with the rest of that staff
during the other times. So, they are struggling with is and
they are trying to find more efficient ways to do it. I hope
that helps.
Th[$r~pre~ent~n~y~re~$~n~b~y~c~ur~t~tr~nscr~pt~n~fth~ty~un~m~t~g~fS~ptember12~1995~
F091295
#20 page 3
Nov/ Yes, it does.
Fosse/ You got the 90 cent version.
Nov/ Okay, roll call- (no). Thank you, Jim. We didn't want to leave
you out there approving this huge price. Thanks, Rick.
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F091295
Agenda
Iowa City City Council
Regular Council Meeting
September 12, 1995
Page 16
ITEM NO. 21 -
CONSIDER A RESOLUTION AMENDING THE BUDGETED POSITIONS IN
THE GOVERNMENT BUILDINGS DIVISION OF THE PARKS AND RECRE-
ATION DEPARTMENT.
ITEIVI NO. 22 -
ITEM NO, 2~ -
Comment: During the FY96 budget process, a request for additional hours
1.25 full time equivalents) was approved to supplement the permanent
part-time Civic Center custodial staff. The additional hours were needed
due to Police Department facility expansion. This resolution increases the
previously approved .25 FTE's to .50 FTE's, making it possible to hire a
permanent half-time custodian. To finance this position, the existing budget
for temporary employees will be eliminated, resulting in no budget increase.
The hiring of a permanent half-time individual, as opposed to temporary
employees will provide more consistency and continuity, as employee
turnover will be reduced.
Action:
CONSIDER A RESOLUTION REC~LASSIFYING A POSITION IN THE LIBRAI~
Comment: In lieu of-a FY97 staff request for a .5 Librarian II which was not
approved (estimated cost of $20,000), the Library is requesting the
reclassification of a Library Clerk position to Library Assistant II. This action
will relieve a librarian currently assigned to cataloging and classification of
library materials of less technical tasks. This will allow the Librarian to
assist with the management of the internet node and provision of electronic
information to library users. Annual cost for this reclassification is
approximately $1,400.
AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE
IOWA CITY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS, IAFF, AFL-
CIO, LOCAL 610, TO BE EFFECTIVE JULY 1, 1995, THROUGH JUNE 30,
1996.
Comment: The Agreement, as approved by Council on June 27, 1995,
contains several errors which need to be corrected before the agreement
is flnally executed. A memorandum from the Assistant City Manager
which explains these amendments is included in Council's agenda packet.
The changes are minor in nature and do not represent any substantive
changes to the provisions in effect under the prior collective bargaining
agreement.
Action:
ITEM NO. 24- ADJOURNMENT.
#21 page
ITEM NO. 21 - CONSIDER A RESOLUTION ~%MENDING THE BUDGETED
POSITIONS IN THE GOVERR~ENT BUILDINGS DIVISION OF
THE PARKS AND RECREATION DEPARTMENT.
Nov/ Moved by Lehman, seconded by Throg. Discussion.
Kubby/ The permanent half time person also gets benefits.
Nov/ Okay. Roll call- (yes).
Thlsrepresen~ only areasonablyaccu~ate ~anscrlptlon ofthelowa Citycouncil meetlngofSeptember12,1995.
F091295
#22 page 1
ITEM NO. 2Z -
CONSIDER A RESOLUTION RECLASSIFYING A POSITION IN
THE LIBRARY
Nov/ Moved by Kubby, seconded by Baker. Discussion.
Kubby/ Looks like an efficient way to begin our provision of
electronic information. Let's do it.
Nov/ Susan, do you want to have any say in this?
Susan Craig/ Thank you. As a matter of fact I was watching you on
t.v., I got in my car and you were talking about traffic when
I left. It took me three minutes. I think I saw four cars on
the way. I hit the lights on Market Street right. I didn't
even speed. We are real pleased at the library to be able to
recommend this reclassification. The reason we are able to do
it is because we have augmented the acquisitions function in
our Technical Services Department and some of the clerical
level tasks are now being done by a computer, Karen, and so we
feel that we can better utilize that staff position at a
little higher level and relieve the librarian to do some of
the more technical things.
Nov/ For the record, that is Susan Craig, Director of the ICPL.
Okay, roll call- (yes). Okay. We are going back to item 17.
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F091295
#23 page
ITEM NO. 2S - CONSIDER A RESOLUTION AMENDING RESOLUTION NO. 95-
180 AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWi~
CITY AND THE IOWA CITY ASSOCIATION OF PROFESSIONAL
FIREFIGHTERSt IAFF~ AFL-CIO, LOCAL 610~ TO BE
EFFECTIVE JULY It 1995~ THROUGH JUNE 30t 1996.
NOV/ Moved by Throg, seconded by Kubby. Discussion.
Roll call~ (yes).
Kubby/ Before we adjourn, I want
hurrying him along during
inappropriate.
to apologize to Larry Baker for
the CityVote discussion. Very
This represents only a reasonably accurate transcription of the Iowa City council meeting of September 12, 1995.
F091295
City of Iowa City
MEMORANDUM
DATE:
TO:
FROM:
RE:
September 8, 1995
Cfty Council
City Manager
Work Session Agendas and Meeting Schedule
September 11, 1995
6:30 P.M. -
6:45 P.M. -
6:45 P.M. -
7:15 P.M. -
7:45 P.M. -
September 12, 1995
7:30 P.M. -
September 25, 1995
6:30 P.M. -
September 26, 1995
7:30 P.M. -
Monday
Special City Council Meeting - Council Chambers
(Executive Session - Pending Litigation)
City Council Work Session - Council Chambers
Review zoning matters
Metering of loading zones in Central Business District
Council agenda, Council time, Council committee reports
Regular Council Meeting - Council Chambers
City Council Work Session - Council Chambers
Regular City Council Meeting - Council Chambers
Tuesday
Monday
Tuesday
PENDING LIST
Appointment to the Historic Preservation Commission - September 26, 1995
Appointments to the Riverfront and Natural Areas Commission - October 10,
1995
Appointments to the Senior Center Commission - October 24, 1995