HomeMy WebLinkAbout1995-11-21 AgendaiOWA CiTY CITY COUNCIL
AGENDA
REGULAR COUNCIL IV1EETING OF NOVEIVIBER 21, 1995
7:30 P.M.
COUNCIL CHAN1BERS, CIVIC CENTER
410 EAST WASHINGTON
Subject to change as finalized by the City Clerk.
Clerk's Office, 356-5040,
AGENDA
IOWA CITY CITY COUNCIL
REGULAR COUNCIL MEETING - NOVEMBER 21, 1995
7:30 P.M.
COUNCIL CHAMBERS
For a final official copy, contact the City
ITEM NO. 1 - CALL TO ORDER.
ROLL CALL.
ITEM NO. 2 - SPECIAL PRESENTATIONS.. _ ~, ..~~
J ~. Presentation of Citizenship Awards to students from Lincoln Elementary
. ~ School:
~ (1) Laura Britigan
~ (2) Matt Clancy
~ {3) Chris Jensen .
(4) Martha Kienzle.
/ b. Presentation to the Department of Finance of the Certificate of Achieve-
~ merit for. Excellence in Financial Reporting for the fiscal year ending June
30, 1994.
,ITEM NO. 3 - MAYOR'S PROCLAMATIONS,
~ a. Family Week- November 19-25, 1995.
~ b. Pass the Buck- Shop Local Month - December 1995.
~ c. World AIDS Day - December 1, 1~995. ,
ITEM NO. 4 - CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR
AMENDED.
Approval of Official Council actions of the special meeting of November
6, 1995, and of the regular meeting of November 7, 1995, as published,
subject to corrections, as recommended by the City Clerk.
b. Minutes of Boards and Commissions.
(1) Board of Library Trustees meeting of October 26, 1995.
(2) Airport Commission meeting of October 12, 1995.
{3) Planning and Zoning Commission meeting of November 2, 1995.
(4) Animal Control Advisory Board meeting of May 18, 1995.
(5) Animal Control Advisory Board meeting of July 20, 1995.
(6) Animal Control Advisory B'oard meeting of September 21, 1995.
(7) Historic Preservation Commission meeting of October 1 O, 1995.
#2 page
ITF/( NO. 2 - SPECIAL PRESENTATIONS.
d. West High Trojans Football Team Recognition Day
Horow/ This evening we have a number of special guests and special
presentations. I am very honored to have the mayor of
Coralville. Coach Morgan and Athletic Director Mary Riley and
the captains of the West High football team could come in, I
would appreciate that. Gentlemen. Before we begin this, Coach
Morgan would you like to (can't hear).
coach Morgan/ I would like to introduce our four captains for West
High this year: Ben Worley, Carlos Honore, Ryan Hansen,and
Tony Beminio.
Horow/ In putting this together this evening, the whole city are
very very proud of our football teams. (Can't hear).
Horow and A1 Axeen/ (Read proclamation).
Horow/ If the team could stand at least in the audience, we would
appreciate that.
a. Presentation of Citizenship Awards to students from
Lincoln Elementary School:
(1) Laura Britigan
(2) Matt Clancy
(3) Chris Jensen
(4) Martha Kienzle.
Horow/ I would now like to ask the students from Lincoln Elementary
School to come up here please. We have got Laura Britigan,
Chris Jensen, Matt Clancy and Martha Kienzle. I hope I have
pronounced your name right. As you know we do the Citizenship
Award with these students. We are encouraging them to be aware
of being a part of our community and we also are very proud of
them. Their teachers have given them reasons for representing
their classes in the school and we would like to recognize
that.
Martha Kienzle is a 6th grade student who is assertive and
diplomatic in large group situations, she is task oriented and
follows through on whatever she sets out to do. And this
Citizenship Award says for her outstanding qualities of
leadership within Lincoln Elementary School and for her sense
of responsibility and helpfulness to others. We recognize
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Martha as an outstanding student citizen and this community is
proud of you and it is presented by the Iowa City city
council.
We also got Chris Jensen. Chris- Chris is a 6th grade student
who is president of the student council and a safety patrol
captain. Is responsible, diplomatic with peers and has a great
sense of humor. Chris, your outstanding qualities of
leadership within Lincoln Elementary School and for your sense
of responsibility and helpfulness to others. We recognize you
as an outstanding student citizen.
Laura Brit~gan. Laura is in 5th grade. Is a student who is
self directed, self motivated in her learning. She is viewed
by her teachers as someone who can organize and lead others in
a positive manner. Laura, for your outstanding qualities of
leadership within the school and your sense of responsibility
and helpfulness to others. We recognize you as an outstanding
student citizen. We are proud of you.
Matt Clancy. Matt is a 6th grade student who is a diverse
thinker, bringing unique perspectives to discussions and
situations. He would be good on this council. Very creative
and very caring. Matt, your outstanding qualities of
leadership within Lincoln Elementary School and for your sense
of responsibility and helpfulness to others. We recognize you
as an outstanding student citizen.
We also appreciate the West High football captains standing
and recognizing those who are about to follow you. Here they
are.
b. Presentation to the Department of Finance of the
Certificate of Achievement for Excellence in Financial
Reporting for the F¥ ending June 30, 1994.
Horow/ With all the recognition that we have, both of students and
citizens in the city, it gives me great pleasure on behalf of
council to award a Certificate of Achievement for excellence
in final reporting and this is presented to the City of Iowa
City for its comprehensive annual financial report for the FY
ending June 30, 1994. I would like to read this to you. It is
a Certificate of Achievement for Excellence in Financial
Reporting that is presented by the Government Finance Officers
Association in the UoS. and Canada. (Reads Certificate). It
gives me great pleasure to present this to Mr. Don Yucuis, our
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Director of Finance.
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ITEM NO. 3 - MAYOR'S PROCLAMATIONS.
Family Week - November 19-25, 1995.
Pass the Buck - Shop Local Month - December 1995.
World AIDS Day - Dece~ber 1, 1995.
Horow/ (Reads Family Week Proclamation).
Matt
Bailey/ Well, this being the beginning of the holiday season,
it seems only appropriate that we, when we think about
families, to take this time and just pause for a moment and
recognize this week as Family Week. We believe that the family
is the primary institution where correct principles, values,
social responsibility, all those characteristics found in a
successful community like Iowa City and society as well are
taught and for all those who support families and who believe
that family unit is important and strong and should be strong.
We thank you mayor and members of the council very much.
Horow/ We also have a proclamation having to do with something that
we are all about to begin to do. (Reads Pass The Buck
Proclamation). I have already contributed heavily to this.
We also have (Reads World AIDS Day Proclamation).
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Agenda
Iowa City City Council
Regular Council Meeting
November 21, 1995
Page 2
c. Permit Motions as Recommended by the City Clerk.
(1)
Consider a motion approving a Special Class "C" Liquor License
for Magnifico, Inc., dba India Care II, 227 E. Washington St.
(Renewal)
(2)
Consider a motion approving a Special Class "C" Liquor License
for Mustang Enterprises, Inc., dba Country Kitchen of Iowa City,
1402 Gilbert Street. (Renewal)
(3)
Consider a motion approving a Class "C" Liquor License for Inc.
Limited dba The Sanctuary Restaurant, 405 S. Gilbert St.
{Renewal)
(4)
(5)
Consider a motion approving a Class "C" Liquor License for
Ground Round, Inc., dba The Ground Round, 830 S. Riverside Dr.
(Renewal)
Consider a motion approving a Special Class "C" Liquor License
for Pagliai's Pizza Palace, Ltd., dba Pagliai's Pizza, 302 E.
Bloomington St. (Renewal)
(6)
Consider a motion approving a Class "B" Beer Permit for Clean
Livin', Inc., dba Duds 'n Suds, 5 Sturgis Drive. (Renewal)
(7)
Consider a motion approving a Class "B" Beer Permit for Pizza
Hut of America, Inc., dba Pizza Hut //402005, 1921 Keokuk
Street. (Renewal)
(8)
Consider a motion approving a Class "B" Beer Permit for Becker,
Inc., dba Pizza Plus, 1950 Lower Muscatine Road. (New)
d. Setting Public Hearings
(1)
CONSIDER A RESOLUTION SETTING A PUBLIC HEARING FOR
DECEMBER 5, 1995 ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUC-
TION OF THE GROUND STORAGE RESERVOIR PUMP SYSTEM
IMPROVEMENTS PROJECT,
Comment: This project involves the renovation of pumps,
motors, piping and controls together with other related work at
the three 2 million gallon ground storage reservoir/booster
stations. This work will improve the City's ability to control
pressure and flow throughout the water distribution system.
This work will be financed from Water Revenue Bond proceeds.
Agenda
Iowa City City Council
Regular Council Meeting
November 21, 1995
Page 3
q..5-
(2)
(3)
(4)
(5)
CONSIDER A RESOLUTION SETTING A PUBLIC HEARING ON
DECEMBER 5, 1995, ON A PROPOSED RATE INCREASE FOR
WATER AND WASTEWATER FEES.
Comment: This resolution sets a public hearing on a i~roposed
rate increase for water and wastewater fees. The hearing will be
held in the Civic Center Council Chambers at 7:30 p.m., Decem-
ber 5, 1995, to permit public input to be heard for or against
proposed rate increases for water and wastewater. The new
rates are scheduled to go into effect for billings on or after March
1, 1996. The previous rate increase went into effect on March
1, 1995.
CONSIDER A RESOLUTION FIXING A DATE FOR A IVIEETING ON
DECEMBER 5, 1995, ON THE PROPOSITION OF THE ISSUANCE
OF $6,200,000 WATER REVENUE BONDS OF IOWA CITY,
IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THERE-
OF.
Comment: This resolution sets a date for a public hearing on
December 5, 1995, at 7:30 P.M. in the Council Chambers to
receive oral and/or written comments from any resident or
property owner regarding the issuance of $6,200,000 Water
Revenue Bonds.
CONSIDER A RESOLUTION FIXING A DATE FOR A MEETING ON
DECEMBER 5, 1995, ON THE PROPOSITION OF THE ISSUANCE
OF $28,000,000 SEWER REVENUE BONDS OF IOWA CITY,
IOWA, AND PROVIDING FOR PUBLICATION NOTICE THEREOF.
Comment: The resolution sets a public hearing on December 5,
1995, to receive oral or written objections from any resident or
property owner regarding the issuance of $28,000,000 Sewer
Revenue Bonds, and authorizes the City Clerk to publish notice
of public hearing.
CONSIDER SETTING A PUBLIC HEARING FOR DECEIVIBER 5,
1995, TO DISCUSS THE FY1995 COMPREHENSIVE HOUSING
AFFORDABILITY STRATEGY (CHAS) ANNUAL PERFORMANCE
REPORT.
Comment: Iowa City is required to prepare a CHAS Annual
Performance Report for fiscal year 1995 in order to assess the
City's performance in relation to the objectives set forth in the
1994-1998 CHAS plan..A 30-day comment period for this
document began on November 17, 1995,
Agenda
Iowa City City Council
Regular Council Meeting
November 21, 1995
Page 4
(6)
ee
I
CONSIDER SETTING A PUBLIC HEARING FOR DECEMBER 5,
1995, FOR PUBLIC COMMENT ON THE PRIORITIES AND
STRATEGIES IDENTIFIED WITHIN THE ClTY'S CONSOLIDATED
PLAN (A.K.A. CITY STEPS) FOR FY1995-FY2000.
Comment: As required by HUD, the City must prepare and
submit an Annual Action Plan as part of the Consolidated Plan
(CITY STEPS). This Annual Action Plan includes the City's
priorities and strategies that will be used to determine the
allocation of FY97 federal funds. A public meeting on these
priorities and strategies was held on November 15, 1995.
Motions.
(1)
CONSIDER A MOTION TO APPROVE DISBURSEMENTS IN THE
AMOUNT OF $6,957,009.05 FOR THE PERIOD OF OCTOBER 1
THROUGH OCTO[~ER 31, 1995, AS RECOMMENDED BY THE
FINANCE DIRECTOR SUBJECT TO AUDIT. DISBURSEMENTS
ARE PUBLISHED AND PERMANENTLY RETAINED IN THE CITY
CLERK'S OFFICE IN ACCORDANCE WITH STATE CODE.
f. Resolutions.
(1)
CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE
EMERGENCY FLUE REPAIR SERVICES FOR THE IOWA CITY
SENIOR CENTER.
Comment: This resolution accepts the work for the Emergency
Flue Repair Services for the Iowa City Senior Center. The final
contract amount is $10,340.00. The project included the
removal of a deteriorated boiler flue which presented a safety
problem and its replacement with a new steel flue from the
basement to the roof of the Senior Center.
(2)
CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE
IOWA CITY SENIOR CENTER EXTERIOR REPAIRS PROJECT.
Comment: This resolution accepts the work for the'Iowa City
Senior Center Exterior Repairs Project. The final contract amount
is $116,770.14. The project included the repair of roof & wall
water leaks by the replacement of damaged roofing, insulation,
and masonry above the parapet line. This project also included
rebuilding the skylight in the open atrium of the Senior Center.
Agenda
Iowa City City Council
Regular Council Meeting
November 21, 1995
Page 5
ITEM NO. 5 ~
(3)
CONSIDER A RESOLUTION AUTHORIZING EXECUTION OF A
CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT {ACC}
(KC-9166) BETWEEN THE CITY OF IOWA CITY AND THE
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
Comment: HUD has notified the iowa City Housing Authority
that all Housing Authorities {HAs) that currently have projects
under an ACC are required to execute a new ACC using the
revised HUD forms 53012A and 53012B. Part A consists of the
requirements that are applicable to all HAs and Part B consists of
seven different attachments. This revised ACC is intended to
eliminate the obsolescence that has developed over time in the
existing ACC. Projects covered under these previously executed
ACCs and any amendments will continue to be covered under
this revised ACC.
g. Correspondence.
(1) Letter from John Castelloe regarding rollerblading.
(2) Memoranda from the Traffic Engineer:
(a) Additional handicap parking in the 200 block of E. Washing-
ton Street.
(b) Change in weight limit on the WooIf Avenue Bridge,
(c)
END OF CONSENT CALENDAR
Change in weight limit on the Melrose Avenue Bridge.
PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA).
#4 page 1
ITEM NO. 4 - CONSIDER ADOPTION OF THE CONSENT CALENDAR ;%8
PRESENTED OR AMENDED.
(2)
CONSIDER A RESOLUTION SETTING A PUBLIC HEARING ON
DECEMBER 5, 1995~ ON A PROPOSED RATE INCREASE FOR
WATER ANDWASTEWATER FEES.
Horow/ Moved by Nov, seconded by Pigott. Any discussion?
Kubby/ We talked a little bit last night about #d.(2) which is
setting a p.h. about water and wastewater rates and we are
indeed going to hold this p.h. but this particular council is
not going to vote on those rate increases. The new council
will and one of the things that had been requested before and
it would be great to have for that p.h. if possible is some
kind of graphic that helps us show accountability for the past
years 40% water rate increase and 35% sewer rate increase.
Show how much of the down payment goal we have gotten to, like
a thermometer type thing and the other projects that will be
paid for out of last year's rates and what is expected to be
paid for out of the current rate proposal. I think it will
help the public understand where their money is going.
Atkins/ We will have it for you, okay. We will take care of that.
Kubby/ Great and if you could present it in a bigger format instead
of a 8 1/2 by 11o
Atkins/ We will do our best.
Kubby/ Thanks.
Horow/ Any other comments? Okay, roll call- (yes). I did forget to
tell us that we set a p.h. December 5 for public comments on
the priorities and strategies within the City STEPS. Now there
was a meeting las week on this. I urge any citizen who wishes
to come to this to come on December 5 for public comments on
City STEPS. This is what is used to determine allocations in
1997 federal funds dealing with our housing and other support
services. The use of public money.
Nov/ Are we going to have an ad on this one? We did for the meeting
last week.
Atkins/ I don't think (can't hear).
Nov/ I thought we had an ad of this p.h. on City STEPS that was at
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the Library.
Karr/ An ad?
Did we?
Horow/ You mean on television?
Nov/ No, in the newspaper. A newspaper
Atkins/ I assume we had the
Horow/ Oh, we did.
ad.
legal notice.
Atkins/ I missed it. If you want one, certainly.
Nov/ Yeah, I think for something like this we should.
Karr/ We are setting. Once you set it will be in. It is going-
Nov/ Okay, yes.
Kubby/ She means a display ad.
Franklin/ Yes, there will be a display ad in the paper.
Nov/ Thank you.
Horow/ Thank you very much.
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#5 page 1
ITEM NO. 5 -
Horow/ Public
Dean
PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA).
Discussion for any item not on the agenda. This is
the time when you have any issue that is not on the agenda.
Please come up, sign in, state your name and I would ask you
to keep your comments to no more than five minutes for
anything that is not on the agenda.
Thornberry/ Madam Mayor and fellow councilmen, I would like to
publicly express my gratitude to Bruno Pigott and the type of
campaign that he ran for this last election. It was fair, it
was honest. He was a very very good opponent and I want to
publicly tell him and the city that he ran a very clean and
very honest campaign. I think you.
Pigott/ Thanks, Dean.
Horow/ Anyone else care to address
agenda?
any issue that is not on the
Kubby/ I think there was someone in the hall who actually tried to
come in. Can you hear us out in the hall? If you want public
discussion, come in now. You can come back in. Sorry.
Horow/ Public Discussion for any item that is not on the agenda.
Brian Holm/ Item #22, are you going to let people speak? It is
concerning the toy vehicle and rollerblading?
Horow/ Sure. Yeah.
Holm/ You are going to let people speak when that comes up?
Horow/ Yeah, don't worry about it.
Holm/ Okay.
Throg/ That might be a long time from now. Why not-
Horow/ Does he want to do it then or now?
Holm/ I called earlier and they told me it was going to be (can't
hear).
Horow/ Normally not but if somebody is here, this council has never
yet-
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Throg/ You know, it is better to speak now then to wait for two
hours and 2 1/2 hours.
Horow/ Could you please state your name?
Holm/ My name is Brian Holm. I am- I have lived in Iowa City for 22
years. I just want to make it clear I, myself, and I have
plenty of friends. We are all past high school and everything,
college or past college. We all play hockey on a regular basis
on the parking ramp right across the street from here on
Wednesday and Sunday nights when the parking ramp is otherwise
vacant. Right now it seems that there is going to be an
ordinance here to make that, if you will, illegal. We just
wanted to voice an opinion that we are not really hurting
anyone. That we play there at night when there is no cars in
the ramps. There is no problems as far as safety. No one has
gotten hurt. We have played for over 1 1/2 years in the ramp
at those times and I haven't heard anyone come up and voice to
the council and tell them that they have had a problem with us
playing up there. We have never had a problem with noise or
anything like that. We have had police officers come up and
just watch us play for a while and left. There are never any
problems like that. And basically I just want you to know that
there is people out here that this is really going to effect
and it is something we do and that we would really like to
keep doing it and have it be legal and all.
Horow/ Okay, thank you very much.
Kubby/ And we will be talking about this later. You can choose to
either stay for our discussion or go and come back.
Holm/ I think I will come back. Okay. Thank you very much.
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Agenda
Iowa City City Council
Regular Council Meeting
November 21, 1995
Page 6
ITEM NO. 6 -
PLANNING AND ZONING MATTERS,
a. Consider setting a public hearing for December 5 on an ordinance
amending the Zoning Chapter by repealing Title 14, Chapter 6, Article
J, Section 1, River Corridor Overlay Zone.
Comment: At its October 5 meeting, the Planning and Zoning Commis-
sion, by a vote of 6-0, recommended approval of amendments to repeal
the River Corridor Overlay Zone, subject to Council approval of the
Sensitive Areas Ordinance. At its October 18 meeting, by a vote of 8-0,
the Riverfront and Natural Areas Commission also recommended
approval. The River Corridor Overlay Zone will be replaced by the
stream corridor provisions of the Sensitive Areas Ordinance, if adopted.
b. Consider setting a public hearing for December 5 on an ordinance
amending Title 14, Chapter 5, Building and Housing, Article H, Site Plan
Review, to include a reference to the Sensitive Areas Site Plan.
Comment: At its October § meeting, the Planning and Zoning Commis-
sion, by a vote of 6-0, recommended approval of an amendment to add
a reference to the Sensitive Areas Site Plan to the Site Plan Review
section of the Building and Housing Chapter of the City Code, if the
Sensitive Areas Ordinance is adopted. At its October 18 meeting, the
Riverfront and Natural Areas Commission, by a vote of 8-0, also
recommended approval.
Action:
c. Consider setting a public hearing for December 5 on an ordinance
amending Title 14, Chapter 5, Building and Housing, Article I, Grading
Ordinance, to make it consistent with the Sensitive Areas Ordinance.
Comment: At its October 5 meeting, the Planning and Zoning Commis-
sion, by a vote of 6-0, recommended approval of amendments to the
Grading Ordinance, subject to Council approval of the Sensitive Areas
Ordinance. At its October 18 meeting, the Riverfront and Natural Areas
Commission, by a vote of 8-0, also recommended approval. The Board
of Appeals, at its October 30 meeting, recommended that if the
Sensitive Areas Ordinance is approved, that amendments to the Grading
Ordinance to make the two ordinances consistent should be approved.
The Board indicated that this recommendation does not indicate a
position regarding the Sensitive Areas Ordinance.
#6a page 1
ITEM I~O. $a.
Consider setting a public hearing for December 5 on
an ordinance amending the Zoning Chapter by
repealing Title 14, Chapter 6, Article J, Section
l, River Corridor Overlay Zone.
Horow/ Moved by Pigott, seconded by Nov. Any discussion?
Lehman/ Sue, this will occur the same night that we have a
reading for the Sensitive Areas Ordinance?
Horow/ Yes.
Lehman/ And I trust that
Horow/ Well, we will make
Kubby/ We won't be voting
final
reading will be before this hearing?
sure it is. Thanks.
on it (can't hear).
Horow/ Okay, any further discussion? All those in favor signify by
saying aye (ayes).
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Agenda
Iowa City City Council
Regular Council Meeting
November 21, 1995
Page 7
Consider setting a public hearing for December 5 on an ordinance
amending Title 6, Public Health and Safety, Chapter 3, Weed Control,
Section 3, Natural Areas, to make it consistent with the Sensitive Areas
Ordinance.
Comment: At its October 5 meeting, the Planning and Zoning Commis-
sion, by a vote of 6-0, recommended approval of amendments to the
natural areas section of the Weed Control Ordinance, subject to Council
approval of the Sensitive Areas Ordinance. At its October 18 meeting,
by a vote of 8-0, the Riverfront and Natural Areas Commission also
recommended approval of the proposed amendments to the Weed
Control Ordinance.
Action:
Consider setting a public hearing for December 5 on an ordinance
amending the Zoning Chapter to change the separation requirements for
aboveground storage tanks.
Comment: At its November 2 meeting, by a vote of 5-0, the Planning
and Zoning Commission recommended approval of the amendments
concerning aboveground storage tanks. The Commission's recommen-
dation is consistent with the staff recommendation.
Consider setting a public hearing for December 5 on an ordinance
amending the Zoning Chapter to clarify the definition of
time/temperature signs.
Comment: At its November 2 meeting, by a vote of 5-1, with Scott
voting in the negative, the Planning and Zoning Commission recommend-
ed approval of the amendments specifying requirements for
time/temperature signs. The Commission's recommendation is consistent
with the staff recommendations.
#6f page 1
ITEM NO. 6f.
Consider setting a public hearing for December 5 on
an ordinance amending the Zoning Chapter to clarify
the definition of time/temperature signs.
Horow/ Moved by Baker, seconded by Pigott. Any discussion?
Lehman/ Sue, had the sign companies been notified of whatever
changes we are contemplating?
Horow/ I am assuming so but if they haven't been, they certainly
will be.
Lehman/ Okay.
Throg/ We haven't seen any material yet on the particular topic,
right?
Horow/ No. Any further discussion? All those in favor signify by
saying aye (ayes).
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Agenda
Iowa City City Council
Regular Council Meeting
November 21, 1995
Page 8
Public hearing on an ordinance amending the Zoning Chapter to allow
adult day care, elder family homes, and elder group homes under certain
conditions in Iowa City, and to change the definition of elderly.
Comment: At its October 19 meeting, the Planning and Zoning
Commission, by a vote of 7-0, recommended approval of amendments
to incorporate provisions for adult day care, elder family homes and elder
group homes, and the definition of elder into the Zoning Chapter. This
recommendation is consistent with the staff recommendation for this
item contained in the October 1 9 staff memorandum.
Action: ~ ~
Public hearing on an ordinance amending the Zoning Chapter to require
bicycle parking for commercial and multi-family residential development.
Comment: At its October 19 meeting, by a vote of 7-0, the Planning
and Zoning Commission recommended approval of amendments to the
Zoning Chapter requiring bicycle parking for commercial and multi-family
residential developments. The Commis/sion's recommendation is
consistent with the staff recommendation' contained in the October 19
staff memorandum.
Action:
Public
hearing on an ordinance amending the Zoning Chapter b~
conditionally changing the use regulations of an approximate 5.7 acre
tract of land located east of Old Dubuque Road and north of Dodge
Street from RS-5, Low Density Single-Family Residential, to OPDH-8,
Comment: At its November 2 meeting, by a vot~ of 5-0, t~ P~nning
and Zoning Commission recommended denial of the requested rezoning.
The Commission recommendation is inconsistent with the staff
recommendation contained in the staff repo~ dated October 19. If the
Council wishes to proceed on this item, first consideration will be on
.
#6g page 1
ITEM ~0. 6g.
Public hearing on an ordinance amending the Zoning
Chapter to allow adult day care, elder family
homes, and elder group homes under certain
conditions in Iowa City, and to change the
definition of elderly.
Horow/ Declare the p.h. open. I ask you to address council. State
your name, sign in and keep your comments to five minutes with
the possible exception of Mrs. Franklin.
Franklin/ I wondered what you were going to say. Just point out a
change in the ordinance that you should have copies of. In
light of the discussion of the numbers, we went back and
looked at this, Naomi. It is up to five people and that was
all that was in it before. In an elder group home we just
clarified instead of saying 3-5 people, it is up to 5 people
who are not related to the care giver so that that is clear.
Nov/
Another question I had yesterday was a group care facility
that had 8 or more people and we had no provision here for
more than 5 and less than 8.
Franklin/ Right, purposefully. The reason that the elder family
home, elder group home are limited to 5 people, that is
following what is done at the state level in terms of homes
for the elderly in this kind of a circumstance. Group care
facilities are handled quite differently in the zoning
ordinance. They are allowed in different zones. They are not
allowed in s.f. residential zones. So it is kind of a
different beast.
Kubby/ So what do we do when there is a facility of 6-7? When do
they fall within the zoning code?
Franklin/ It could be just a rooming house. It would be a specific
kind of facility. It could locate in a zone where you could
have a rooming house.
Nov/ Where do we put the Mary O. Coldten Home?
Franklin/ The Mary O. Coldten Home is a non-conforming use. It is
considered to be a rooming house but it is non-conforming. It
has been there for some time. So right now, under our current
code, you could not establish a Mary O. Coldten Home where it
is and under these proposed changes you also could not
establish it if it was going to be more than 5 people. And
again, the 5 people followed a guideline what is done at the
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state level in this area. You can change it if you wish to but
we were trying to be consistent with some things that were
already being done.
Nov/
So if someone were to establish this kind of facility and if
they have 6 people, they would be required to be in a
different zone?
Franklin/ Yes and they would be treated as a rooming house.
Kubby/ Yeah. I still don't understand- I understand that they will
be treated somehow in our zoning code. But I don't understand
if they are providing these same services, why they aren't
accommodated in this section of the code that might have some
other specifics that go along with it.
Franklin/ You can choose to if you wish to. I mean you can take it
up to 8. There is a parallel in family care facilities which
are allowed in s.f. residential zones of having 8 people.
Kubby/ So is there something in the state law that talks about 8
and greater? Is that why we have- I understand the up to 5
part. But I don't understand where the 8 came from. The same
place in the state code?
Franklin/ I can't answer that Karen because it is not related to
elder. It is group care and I am not sure that that wasn't
something that came from our creation of the zoning ordinance
in 1983 where we dealt with group care facilities.
Kubby/ I am just concerned that if someone is providing service to
6-7 people, if they can find something in a certain zone, they
can go to the Board of Adjustment. But if they are up to 5 or
8 or over. But if they are in the 6-7 range they are more
limited in where they can place their facility because there
aren't that many places that are for sale that are really-
Woito/ Why don't we just change it to-
Franklin/ If you want it to go to 8, it can go-
Woito/ For no more than 7 people.
Horow/ Wait a minute. Could I bring this back. This is a p.h. right
now. Before we get into this, is there anyone who wishes to
address council on this issue? So that before we get into
changes, if there is anyone who has any other input in this.
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Karin, don't go very far. This is the p.h. Okay, I don't see
anyone. Do you wish to take this back? Is it council's
intention of taking this back to staff to have them look at
it?
Woito/ All we have to do is just move on the floor to amend it.
Nov/ We are not going to vote on it today.
Horow/ No, just the language though.
Nov/
We can change the language between now and the time that we
vote. We did mention that there were facilities, not
particularly for elderly, that were allowed to have more than
5 people. Would you explain what that one was?
Franklin/ Family care facilities which are primarily for people
with developmental disabilities although that has been
expanded in its definition. Hillcrest Family Services and
Systems Unlimited have facilities that are residential
facilities for special populations and in the code now we are
allowed to have up to 8 people in those facilities in s.f.
residential zones. That came out of state law which prescribed
it up to 8 for people with developmental disabilities and
probably the group care facility was just going from that
point on up to 30 when we developed the Zoning ordinance but
I can't say that for sure without going back and researching
it.
Nov/ And this facility is one that is required to have people with
disabilities at any age level?
Franklin/ Yes.
Nov/ It has no age restrictions?
Franklin/ There are no age restrictions.
Nov/ Then we could just change this with age restrictions and allow
it in a s.f. zone.
Woito/ Yeah, I don't see any problem with it.
Nov/ Older people without disabilities would be any more of a
problem.
Woito/ And the U.S Supreme Court has mentioned to us we don't limit
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numbers in families. So maybe we shouldn't limit numbers in
family type arrangements.
Franklin/ What I am hearing from council is that there is some
interest in opening this up a little bit to allow up to 8
people in the elder group homes, the elder family homes.
Nov/ Or up to 7 because there was a different place in the
ordinance where it said 8 or more.
Franklin/ Okay.
Kubby/ I want to fill the gap for 6-7 and you decide the most
appropriate place for that.
Franklin/ Okay and I will check into it before you have your first
consideration to make sure that we are not flying in the face
of something or other.
Horow/ Thank you.
Lehman/ Karin, last night I guess I brought this up and I would
like to have you explain it again. It says adult day care
facilities providing care to 6 or more adults who will have
access to arterial or collector streets or streets with paving
wider than 28 feet. What is the reasoning for that?
Franklin/ The reasoning for that, that is a parallel to childcare
facilities. What we did in looking at the adult day care which
is the same kind of practice that is that you bring an adult
who needs care during the day to the facility just as you
would bring a child to a childcare facility. That is means
bringing automobile traffic to the facility and the desire was
that if these are going to be located in lower density zones,
that they be on streets that have adequate capacity.
Lehman/ Well, I live on a street that is not 28 feet wide and I
guarantee you that we could probably have 5-6 folks going to
and from one home during the day and provide no traffic
problem at all. I have a problem with that. I think that they
are very nice areas in this community that could accommodate
something like this without being a problem to their neighbors
and I think that requirement-
Franklin/ Do you-would you feel that way about childcare also?
Lehman/ Given the same number of people, yes I would.
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Franklin/ Well, it is purely a legislative decision. So if you all
agree that that is not a concern, it provides more
opportunities for the location of both childcare and adult day
care.
Pigoft/ Maybe a history. Has there been problems in the past
regarding childcare and narrow streets in neighborhoods and is
that part of the hesitation perhaps regarding the street size
or I mean, I recall some consternation among some people in a
particular neighborhood regarding traffic in their
neighborhood with childcare facility.
Horow/ Childcare facilities-
Pigott/ And I understand your concern, Ernie, and I agree with it
even. But I am just trying to take a historical perspective
and think, well-
Franklin/ I don't know of specific instances, Bruno. Sometimes when
there are special exceptions that come before the Board for
childcare facilities it is more a concern about the presence
in the neighborhood. The general noise, the general traffic.
Whether it made a difference as to what kind of street it was
on or not, I am not sure that that was a key point.
Lehman/ But we are talking 6-8. We are not talking about, you know,
a facility with a lot of people. I guess I really don't see a
problem with them being on a narrower street.
Kubby/ Would that be considered a substantial change, Linda?
Woito/ No.
Kubby/ To change that or delete that?
Woito/ I don't think so. You are being less restrictive.
Kubby/ So if we continue the p.h., change language about the other
issue, we could also have two weeks to think about that.
Franklin/ Now remember, this is for the adult day care which by
definition unless I haven't-Where did you get the 6-8, Ernie?
Lehman/ I used that assuming that we were going to change it from-
Franklin/ No, those are two different things and that is an
important consideration.
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Lehman/ Where it says up to 6 on page 2 of the memo from Melody.
Franklin/ Well. In the article 1. addition? Okay. When you have 6
or more adults is when you have to have access to an arterial
or collector street. But it could be 6 or more. There is not
a top limit on the number of elders. That you have an adult
day care and the elder family and elder group home there is a
limit.
Horow/ Okay.
Nov/ So it is possible you could have 20-30 people coming and going
all day long?
Franklin/ It is possible.
Nov/ A lot of childcare facilities do that kind of number.
Franklin/ Exactly and that is why it is the larger facilities that
require the collector of arterial street.
Horow/ Okay.
Franklin/ What we can do, too, as we have done in the past is we go
with this, we see how it works. If it creates problems we go
back and amend it.
Horow/ Is there a motion to continue the p.h?
Moved by Kubby, seconded by Throg to continue the p.h. until
December 5. Any discussion? All those in favor signify by
saying aye (ayes). Thank you.
Kubby/ I think it is really good that we are doing this because as
our population grows and ages, we are going to need more and
more of these kinds of facilities to accommodate these
businesses that provided needed services.
Horow/ At least be ready to do that, right.
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ITEM NO. 6h.
Public hearing on an ordinance amending the Zoning
Chapter to require bicycle parking for commercial
and multi-family residential development.
Horow/ Declare the p.h. open.
Franklin/ There is also a change to this one. When we talked last
night about having the surface of the parking area for the
bicycles that it could be grass or gravel. What we have
included in here is that it would permit the use of rock or
gravel, not grass. It would have to be a contained area but
that you could have that option. The P/Z Commission did want
to include that option. It should have been in the ordinance
which you have before you last night.
Horow/ And they used the word gravel?
Franklin/ And rock. Well, actually the Commission's language was
much more specific about crushed limestone and would have no
clay or shale or-
Horow/ Never mind. You laugh, that is the first time in 13 years
that I seen the word gravel in an ordinance. Could you sign in
and state your name please.
Gregory Kovaciny/ Mayor Horow., members of the council, City
Manager Atkins, Assistant City Manager Helling. I thank you
for this opportunity to speak. I am the bicycle advocacy
director of Bicyclist of Iowa City, a member of the JCCOG
Regional Trails and Bicycling Committee, a member of the JCCOG
Transportation Technical Advisory Committee and the primary
author of the JCCOG RTBC-JCCOG Urbanized Area Bicycle Plan of
December, 1994. Regarding the bicycle parking ordinance, just
a little background for folks in the audience that may not
know about this. I will try and keep my message brief. A
research on this issue was begun at the request of the
council. The matter was forwarded to the RTBC and at its
February 8, 1994, meeting RTBC recommended that the city
council move forward with an ordinance to require bicycle
parking for multi-family dwellings and that a comprehensive
bicycle parking ordinance should be pursued. A follow up memo
was sent from Charlie Denney on staff on October 19, 1995 to
P/Z. A bicycle parking ordinance was from a number of
communities, such as Madison, Ann Arbor, Boulder, Denver,
Santa Cruz and Portland were examined in preparation of this.
The proposed ordinance drawn up by staff is well tailored to
the Iowa City community. P/Z recommended approval at its
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October 19 meeting. A few minor changes have been made as
indicated. Discussion of the proposed ordinance was undertaken
at the October 17, 1995, meeting of the RTBC meeting. At that
meeting, after discussion, I made a motion to recommend
approval of the proposed bicycle parking ordinance as drafted
with revisions requested by the P/Z Commission. Don seconded
motion, carried on a vote 5-0. As to the broader purpose of
this ordinance, I think it would be best that I read some
portions of a letter of mine that was published in the Press
Citizen on November 17 which also included a guest editorial
on the ordinance from City Manager Steve Arkins. (Reads
article). A bicycle ordinance is consistent with this. Thank
you.
Horow/ Thank you very much.
Throg/ Greg, can I ask you a question?
Kovaciny/ Yes.
Throg/ Why, in your judgement, should developers be required to
provide parking facilities for bikes rather than do it
voluntarily in response to requests from tenants or customers?
Kovaciny/ If you substitute the word car in each of those it
encourages people to use the vehicles. If you look around
town, now, and I urge people to look around in the next few
weeks, you will find that a lot of apartments have bicycle
parking. It is not of the kind that we have d.t. that secures
the frame. But a lot of owners of multi-family and multi-unit
dwellings have responded to a need that they have seen. This
formalizes that procedure.
Horow/ Anyone else have any questions for-
Lehman/ Well, Jim, I think that was a very good question because if
we have 3% riding bicycles and 97% riding cars, I can
understand why you would require parking for the 97%. And I
think your question was a good one. Why would we require
parking for that 3% other than voluntary?
Kovaciny/ I think we would go back to the bike plan itself that is
encouraging that. Let me go to that very briefly here.
Kubby/ I have this goal of increasing that 3% to 10% over the next
four years and one way to do that is to make sure people feel
that their vehicle is-
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Kovaciny/ And time again, if people find that they don't have
adequate places to park their bicycles at the start and the
end, the two ends of their trips, they are not going to do it.
And, again, at apartments, many people have responded to that
need and has seen that there is a need for that and that does
encourage people to use their bicycles for short trips and the
average cost of the bicycle is growing. It is somewhere in the
neighborhood of $350-400. So protection for that is necessary
and bicycle parking helps with that. Some apartments do not
allow bicycles to be parked inside the apartments. Again,
point to point, we provide that for automobiles. Point to
point there is an equity that needs to be made formally that
responds to what, in many cases, is the case now of apartment
dwellers responding to that.
Lehman/ Do we have any idea of how many apartments or percentage
that do provide bicycle parking?
Kovaciny/ I would have to refer you to staff on that. I don't have
a number on that. Thank you.
Horow/ Does anyone else care to address council on this issue?
Throg/ While Del is coming up. Ernie, I frequently ride my bike and
I notice that often I go to various stores that are not d.t.
and find I don't have a place to park the bike. So I have to
attach it to something and have to get creative.
Horow/ Creative?
Throg/ It is either that or lose the bike.
Del Holland/ I have come to speak to you a couple of times in the
past encouraging you to support BBOPS (bikes, bus, pool or
stroll), the annual event that we have sponsored the last few
years to encourage people to bicycle in Iowa City and I think
you are talking about a good issue here. I think what we are
doing is being-leading people to the way we would like to see
them go. Yes, 97% of the people do use cars but what we are
hoping to do is encourage people to ride bicycles so we can
make the parking pressure less of a problem d.t. besides all
of those things that Greg mentioned, the health benefits and
everything else. So I was just real pleased to see that the
City is taking this kind of leading step in being a leader in
being consistent with the goals that they have laid out of
encouraging the use of bicycles in town and I am glad you are
doing it. Thanks.
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Pigott/ Thanks, Del.
Horow/ Thank you, Del. Anyone else care to address council?
Richard Rhodes/ I live at 2014 Rochester Avenue. I am one of those
people who does ride a bike part of the time and I would
venture to guess that I commute within Iowa City per year from
150, in years when I am not very ambitious, to over 500 miles
per year. Bicycle parking is always a problem around town in
most places. So I strongly support this ordinance. With regard
to the multi-family residential areas and I have lived in
apartments around Iowa City and I have had problems parking a
bike. One of the reasons to require bicycle parking is that if
it is not there the bicycles end up being parked in a helter
skelter fashion wherever they can.
CHANGE TAPE TO REEL 95-134 SIDE 1
Rhodes/ Unfortunately very few people use a bicycle as their only
method of transport so we need both automobile and bicycle
parking in apartment complexes and rooming houses and so
forth. This was one of the points that was raised last night
by councillor Baker that perhaps we could have a replacement
in multifamily areas and I don't think that's feasible.
However, when it comes to commercial parking, that may well be
an option, because one automobile parking space can contain
from 6-8 bikes I'm told by city staff. This is one of the
places where I have a small problem with the ordinance as it's
written. The minimum number of parking spaces required is only
two at a commercial establishment. To my mind, and this comes
from fairly extensive experience over the last ten years
riding a bicycle, if there's a parking that only has two
bicycles, it will be hidden behind a shrub or around the back.
You won't be able to find it. I would strongly suggest that
the minimum be raised to six or eight and that one automobile
parking space be devoted to bicycles for parking. I don't
think this is too much to ask out of the hundreds and
thousands of automobile parking places that we have at
commercial areas in town. Thank you very much.
Pigott/ Thank you.
Horow/ Anyone else care to address council on this?
Ed Barker/ I'm also here to speak in behalf of making Iowa City as
bicycle friendly as we possibly can. You are sort of in a way
saved by the bell by Karen in your own situation and she
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indicated a change in making the paths being gravel or rock
accept it because to me of your four bicycle paths at this
building would not meet the new standards. And you being the
leaders of course all those not retroactive would want to set
a good example and have yours conform to the new regulations
if they come about. Well, how to make Iowa City bicycle
friendly when you talk about these kind of issues, there's
always alternatives available as I pointed out to you on other
issues in recent times. And on the bicycle ordinance requiring
new structures to have a certain amount of bicycle parking, it
seems to me is an example of unnecessary governmental
intrusion. A good educational program with the Chamber of
Commerce with commercial parking with the prime association of
apartments, with the bicycle vendors for the types of bicycle
racks and so forth, it seems to me would be an effective way.
In determining and developing this ordinance, no empirical
data was collected on a research basis in and around Iowa City
to justify the ordinance. I think it's basically based on what
can we do to make Iowa City bicycle friendly and perhaps this
would be one way. What they did was, they drove around town
and looked at various complexes. Some had racks. Some didn't.
And they probably jotted down a few notes from that. And that
was basically as I understand it from talking to people in the
Planning Department the basis for their research and that's
about all they did. When you do that, they found some that had
bicycle racks full and some didn't have very many in them and
so forth. And maybe that's the result of different clientele
living in various apartment complexes and perhaps the owners
and the residents know best as to how many bicycle racks
should be placed in those places. For example, many years ago,
we voluntarily with no governmental direction whatsoever
installed pads and racks in our complexes based on our
perceived needs of our residents. And so we did a survey today
and we collected actual empirical data to indicate the
situation. We have 131.5% of the square feet that's required
under this ordinance. We have 121.5 % of bicycle racks that
would be required under this ordinance. I'm not here
complaining that you're going to make us do a lot of work.
There wouldn't be. Of those, at 10:30 this morning, 21.4% were
in use. Now you say, well, they're gone during the day and so
forth, so we anticipated that so at 6:30 this evening. It had
jumped from 21.4 to 24.1. In other words we could have four
times as much use of bicycle in our complexes and still have
adequate parking for them.
Kubby/ Would we see any decrease from the summer? Because my bike
is-
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Fl12195
#6h page 6
Barker/ I anticipated that also.
Throg/ So you did a retroactive survey.
Barker/ So I picked some numbers out of the air. If that came up,
I was going to suggest that if you want that data, delay until
summer and we can provide that for you also. But this was a
reasonably warm day and so I expect some were riding their
bikes, but you're right, some people in October put their
bicycles away for the winter. That's true and that's a
reasonable, valid question. Anyway, it was interesting to note
that in the proposed ordinance that all governing entities
were conspicuously absent from any requirements for bicycle
parking, swimming pools, rec center, where bicycles would be
used. In this ordinance you also want to establish the quality
of the racks. And again quality of a person's construction or
a thing that they have should be determined by the owners. For
example, if you carry this a step further and say, ah, we got
the quality in their so maybe a stove with a lot of gadgets
would roast a turkey better for Thanksgiving so we'll require
different standards for a stove and so forth. The main point
however that I want to make this evening in two fold or three
I guess. One, I think and educational program to cause our our
city to be bicycle friendly and working with the Chamber of
Commerce for commercial areas of commerce association would be
very valuable. Also we feel that whenever a significant change
in the ordinance is anticipated that those who are most
closely affected be contacted and offered the opportunity to
provide some insight or information in regard to this. For
example, when I asked if the Apartment Association was
contacted, the answer was no. Were any of the developers in
town contacted as to what they think in regard to this? The
answer was no. When I asked if any tenant advocate
organizations were contacted to see what they perceived as
needs for bicycle parking at apartment complexes, the answer
was no. When I asked if any people in the building trades were
asked to see what the impact would be, the answer was no. So
the second thing, the first one was education, the second one
is letting those people who are directly affected be at least
consulted in on some of the planning in the early stages.
Horow/ Mr. Barker, you have one more minute.
Barker/ The second- I recommend, the third, that the council since
this was not very widely publicized, that it continue the p.h.
to a later date so that affected entities will at least have
the opportunity to express support or concern about the
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Fl12195
#6h page 7
proposed ordinance.
Horow/ Mr. Barker, do you, when you are interviewing tenants to
rent, do you encourage them to bring bikes and does the
association encourage bicycles to cut down on the number of
parking spaces?
Barker/ We don't chat with them about that generally speaking, but
that would be an area of an educational program that we'd be
receptive to, certainly. I think if we're approached in a
cooperative manner and I'm including the Chamber of Commerce
and so forth, to say how can we all help together to help Iowa
City bicycle friendly, sure, we'd be willing to put and happy
to put something in our packet saying we encourage bicycle
transportation. Don't ride the bus. Ride the bicycle.
Horow/ No, no, no.
Barker/ I'm sorry. Don't drive your car, ride your .....
Horow/ Right, right.
Barker/ No, we'd be happy to do that. That's no problem at all and
I think making us aware of those things is a valuable thing
for ~11 of you folks and those who are in the bicycle arena
want to encourage it, we'd be glad to do that.
Horow/ Okay. Thank you. Any other questions?
Lehman/ Yeah, just an observation. I think the city has been very
careful and we've tried very very hard to let people know when
we're doing things. When we change a road, we change a bridge,
whatever, we talk to neighborhood association, and if we
neglected to contact you folks, I think it was probably an
oversight on our part, because I think our intention is to
always have those folks who are most affected by a proposed
ordinance at least be involved. And if that's the case, then
I guess I'm sorry, we probably should have done that. I will
support the idea of continuing this strictly if because these
folks haven't been notified. This may very well be a very very
good ordinance and may very well pass, but I do believe you
folks have the right to be notified and have an opportunity to
respond.
Barker/ Well, I would hope of course that it doesn't pass and that
we embark on an educational program to accomplish the same
purpose.
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Fl12195
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Lehman/ But I think you need the opportunity to respond.
Barker/ I did find it interesting in this that I don't fault them
for looking at what they would call model ordinances around
the country, but really the only consulting they did was out
of state. Nobody here at least nobody who has to pay the bill
was consulted in this respect.
Horow/ Thank you.
Throg/ Could I make an observation. I think your point about
involving people who would be affected is clearly important
and I would agree with what Ernie just said, but I don't
remember you mentioning bike users as one of the groups, the
people who should be consulted, and unless that was an
oversight on my part. So what I'm wondering here is, how do we
go about consulting with those 3 or more % who use bikes in
Iowa City and who don't have the ability to buy bike racks and
put them in next to their apartments and don't have the
ability to buy bike racks and put them next to their
commercial facilities that they bike to. They don't have the
ability to influence that at all except through the public
arena.
Barker/ I did contact one bicycle group in town that was not really
aware of this proposed ordinance and did not have any feelings
one way or the other towards it when I just described it in my
biased way of course to them. And that's a bicycle group
that's reasonably well known in town.
Horow/ Anyone else have any comments? Thank you very much.
Nov/
I have a technical, Linda. If someone like Mr. Barker has
already installed multiple bike racks, are they grandfathered
in? Does he have to remove them and put in different ones?
Pigott/ No, this is just new structures.
Nov/ Okay.
Barker/ It does not directly affect us. We're just.
Nov/ I want to make sure everyone understands that we're talking
about only new construction.
Barker/ Sometimes in a few years those ways have a way of wiggling
their ways back in sometimes. So I'm not here from a personal
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standpoint of this is going to cost us a bunch of money, it's
just that I think an alternative is better, an alternative
approach.
Horow/ Thank you.
Barker/ And so I'd encourage you to continue the hearing.
Horow/ Anyone else care to address council on this issue? Moved by
Kubby, seconded by Lehman to continue the p.h. till December
5. Any discussion?
Kubby/ I think there's two reasons why I'm interested in doing
that. One is because I think Ed's right about notification of
different organizations that will be affected and I guess I
want us to direct staff to communicate with those groups of
people and secondly because I want to re-think this trading
off of a car space for bicycle space in commercial zones only.
I think I agree with Larry. I agree with Sandy about that. And
I want to be open to language changes in commercial zones.
Nov/
We did some of that in city parking ramps last year.
installed some bike ramps and therefore lost a
parking spaces for cars.
I mean we
couple of
Baker/ I also want to talk about government compliance. That's an
issue I hadn't thought about but I need some clarification on
what our responsibilities are as a governmental body in
providing the same sort of-
Kubby/ I don't have a problem in this talking about quality issues
because whenever there's new construction or facilities for
parking for vehicles, there's certain kinds of quality
controls that we have for building and housing codes, I think
it's very appropriate to have this.
Horow/ Any further discussion? All in favor signify by saying aye
(ayes) .
This represents only a reasonably accurate transcription of the Iowa City council meeting of Novembar 21, 1995,
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ITE~ NO. 6i.
Public hearing on an ordinance amending the Zoning
Chapter by conditionally changing the use
regulations of an approximate 5.7 acre tract of
land located east of Old Dubuque Road and north of
Dodge Street from RS-5, Low Density Single-Family
Residential, to OPDH-8, Planned Development Housing
Overlay. (REZ95-0010)
Horow/ Council would like to make sure that everyone understands
where we're at on this right now. It's almost like a decision
tree. There presently is no signed conditional zoning
agreement between the owner and the city on the issues
surrounding the development of this property. The p.h.
tonight, there really are two options. The first option is,
after our p.h. we can close and vote. Any special meeting we
will be holding on November 27. The second option is to
continue the p.h. to the second, the meeting on November 27
and to allow more time to obtain signatures for the
conditional zoning agreement and then close the hearing on
November 27 and vote that evening on the first consideration.
If there is no conditional zoning agreement signed by November
27, a vote to approve the rezoning will result with approval
of the developmental plan without the conditions and the
conditions are a tree protection plan for the cedar trees on
Dubuque Road. The conditional includes construction of
Saratoga Place, it's a street, prior to construction of any
building and a landscaping plan on the north side of the
multifamily dwelling unit. If there is no conditional zoning
agreement, a vote to rezone this will result without those
conditions attached to that development. So I'd like to open
the p.h. I ask you to sign in. State your name. Keep your
comments to no more than five minutes. I do believe Mr. Burns
has some slides. Do you wish to present those first? Maybe it
could set.
Bob Burns/ Architect. I'm here to speak in favor of the rezoning.
I would favor option 2 regarding the conditional zoning
agreement. I'd like to address a few issues with you, first
density. Secondly, how project costs affect- how density
affects project cost. Secondly land use. Third, design. Fourth
the conditional zoning agreement. And lastly, a little bit
about the funding. Beginning with density, In the process,
driving the density lower on this project has the consequences
of driving up the costs per unit for the project and I'd like
to illustrate what that and how that's happened. Just as a
matter of review.
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Horow/ Karin, could you please turn the lights off?
Burns/ (Can't hear)
Horow/ Bob, you'll probably need to speak into the mic.
Burns/ It's up to you whether you want the lights down. That might
be a little better. (Shows slide) This is the first plan that
we presented. This is a 66 unit project of multifamily
housing. After input from the neighbors and the staff, we
revised the plan to 41 units, five eight-plexes and a
manager's apartment. This plan. This is the one that was
rejected by P/Z and deferred by city council and referred back
to P/Z discuss lower density. This is the 32 unit project, a
lower density yet, plus one manager's apartment, which was
optional, 4 eight-plexes. This was rejected not formally, but
informally when we understood there were two council members
who opposed the 32 unit project and which would require a
super majority so we abandoned that project plan too. Which
brings us to tonight which is this plan which is before you
consisting of 12 multifamily housing units, one four-plex and
one eight-plex, south of the Saratoga Place which is a new
street which we will build, and nine single family lots on the
north side of Saratoga Place. So we've reduced the density
from 66 multifamily units to 12. Now I'd like to show you how
that has affected the cost for the project. I'll move the
exhibit up so you can read the lower half in just a moment,
but these are the project costs for the land acquisition,
$225,000, plus the subdivision infrastructure. This would
basically make the site buildable. Each of those line items,
the cost estimates were prepared by MMS consultants, the local
engineering firm independent of our firm, and then we added a
contingency to each line item of 10% plus an 8 1/2% builder's
profit. So when you face the issue of what does it cost to
build a subdivision in Iowa City, this is an example of a
relatively small 4.1 acre subdivision.
Throg/ Bob, the chart is making me wonder. I had a conversation
with a builder a few days before the election. And at the
time, he told me he knew a project where the cost of permits
and related fees was equal to the cost of the land. And as I'm
looking at your- this chart, that doesn't look remotely
consistent with your chart. What I pick up on is the cost of
land is almost half of the total project cost in this
particular instance.
Burns/ We're paying a very high price for the land. There's no
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question about it. And that's based on $45,000 per acre for 5
acres. The way the purchase agreement is written, it will
subject to a survey which will determine the final number of
acres. So that $225,000 could fluctuate. But that's the real
number. And that's what we had to do, had to negotiate to get
a willing seller in this community. We've been looking for two
years and for a variety of reasons which if you had the time
and interest I could go back through each site, but that's
what this costs.
Baker/ Bob, could you move that back down a second because I'm
looking for something on that list and didn't see it. None of
those are for actual construction. That's a separate cost
entirely.
Burns/ This is just for the land acquisition and the subdivision
infrastructure for the 21 dwelling units° It would serve the
12 multifamily and the nine single family lots.
Baker/ Okay. Thank you.
Burns/ I think this chart illustrates what happens when we drive
density lower, the consequence of that is to drive the per
unit costs higher. And the first line represents an RM-12
zoning. It's 66 multifamily dwellings for a density of 16
units per acre which the zoning ordinance permits in an RM-12
zone. The total project cost per dwelling unit would be $7885.
Then as you drop down with lower density, 41 units, 10 units
per acre $12,694 per dwelling unit, down to where we are
tonight at 21 dwelling units and a density of 5.12 units per
acre. A total project cost per dwelling unit just for the land
and infrastructure of $24,783. In this funding scenario, the
limited partnership is going to provide $122,000 of the
$520,000, that's the Greater Iowa City Fellowship and myself,
and the rest of the funds would come from city allocated
federal funds from CDBG and HOME. And this is what the housing
commission voted on the other night in favor of this project
to move forward. Keep in mind the project costs that we've
shown you tonight is a budget breakdown. We developed each one
of those line items as a worse case scenario. The final costs
will be determined after construction and be certified by a
CPA audit for the entire project. Now I'd like to speak a
little bit about land use. There has been some discussion
whether OPDH-8 is an appropriate zone next to an RS-5
district. And I'd like to present this exhibit. We have
spotted nine locations where, in Iowa City, where OPDH-8 is
adjacent to a RS-5 district or directly adjacent to an RM-12
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or 20 or 44 district is adjacent to an RM-5 district. But we
are- the first one is at the corner of Washington Street and
Green Mountain Drive. It's OPDH-8 next to RS-5 here (refers to
map). The second one is between Oberlin and Scott Boulevard.
Again it's OPDH-8 next to RS-5 here. The third one is along
Oberlin and Friendship Street where we have RM-12 and RM-20
across the street from RS-5. It's right about here. The fourth
one is along Scott Park Drive where we have RM-12 across the
street from RS-5. That's right here. (can't hear)
Horow/ That's okay.
Burns/ The fifth one is Shamrock Drive and Peterson Street which is
OPDH-8 across the street from RS-5. It's here. The sixth one
is Village Farm Court where 0PDH-8 is surrounded by RS-5.
Here. And the last one on this particular exhibit is Esther
Court and Village Road where OPDH-8 is next to RS-5. This is
western Iowa City and the eighth location is along Westgate
Street where we have RM-44 and RM-12 across from RS-5. Here
and here. And the last one, number nine is southeast of the
intersection of Melrose Avenue and Mormon Trek where we have
Finkbine Lane, Jessup Circle, and MacBride Drive. That was
platted and subdivided as one subdivision. The next issue I'd
like to discuss with you briefly is design. One of the issues
that was brought up was how well the townhouses and eight-plax
on the south side of Saratoga Place would relate to the single
family housing on the north side. And in the discussion in
P/Z, it became apparent right away that the concept of
townhouse was an acceptable relationship. Single family
townhouse. I think it's because people have in their mind what
a townhouse normally looks like, a four-plex, two story
building. Well, I prepared this exhibit to illustrate to you
how our four-plex and eight-plex relate to each other
architecturally from a design standpoint to show you that
they're very compatible with each other and therefore
compatible with the single family houses across the street.
Horow/ Is that what was in the packet?
Burns/ The elevations are in your packet, but what this drawing
shows you to scale, the elevation of the street looking south
from the single family housing. So the relative position of
the elevations on the board shows you the spacing between the
buildings. That's without any landscaping. And we did that
purposefully to illustrate how just the architecture itself
relates to each other in scale, two story structure the
protruding entryway, balconies, the varied roofline, brick and
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Fl12195
#6i page 5
siding. The help delineate the north facade into the smaller
scale, the smaller residential scale. And also in addition to
that, one of the conditions of the agreement, the CZA, is that
we will provide a landscape plan also to break down the scale.
We have absolutely no trouble and we haven't from day 1 in
doing that. You notice that the lengths of both buildings are
approximately the same. They're about 82-84 feet.
Kubby/ Can we make sure that both the camera and the audience get
a chance to see that? Thank you.
Burns/ Now I'd like to discuss a little bit about the conditional
zoning agreement. There are some folks who just are having
trouble relating to the ownership of these tracts which are
being considered for rezoning, so I want to clarify that
tonight. I've highlighted in three different colors, red,
green, and yellow, the three different parcels. The RS-5 is in
yellow and will remain RS-5, and it's owned by Charley and
Marie Ruppert, too, on the north part of the drawing.
Highlighted in green is the tract of land that's owned by Mary
and Lee Hitchcock. Mary Hitchcock is the daughter of Charley
and Marie Ruppert. We are purchasing the green section and the
yellow section and that's the only portion that we've ever
intended to buy and ever in the future intend to buy. It's 4.1
acres. That's where we've limited the development, and that's
where we went from 66 units down to now 12 multi-family and
nine single family lots. It was the city staff's urging to me
to include, and I agreed with them because if they had
justification, that the red area which is also owned by
Charlie and Marie Ruppert be included in the rezoning. But I
want to make it perfectly clear that I have no interest in
seeing that property zoned, the Ruppert tract the red tract,
zoned OPDH-8. If Charlie and Marie Ruppert want to leave that
RS-5, that's fine with me. If they want it RS-8 or OPDH-8,
that's fine with me. And it's fine with the Fellowship. If
they want to rezone it to be CN-1, we would accept that too.
So I just want to make that perfectly clear. We have not been
trying to confuse the issue for Mr. Ruppert or Marie. And they
intend to stay there from what they've been telling me.
Baker/ Bob, can I ask you just for clarification. The yellow and
the green are two separate lots, legal entities you're buying
separately but-
Burns/ Right. And under one purchase agreement.
Baker/ Okay.
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Burns/ And they have separate legal descriptions.
Baker/ And they're currently both zoned the RS-5.
Burns/ ¥eah. The whole tract, all three parcels are RS-5.
Kubby/ And in the purchase agreement that makes it clear that all
three tracts, there could possibly be rezoning of those
tracts? You mentioned something last night that there'd be
cooperation with rezoning.
Burns/ That's correct. We have the language in
agreements specifically requires the sellers to
the rezoning of this parcel.
the purchase
cooperate in
Kubby/ Of the lots to be purchased, not necessarily the Ruppert or
red parcel.
Burns/ That's correct. So with respect to the Conditional Zoning
Agreement which we've had several additions of it and that's
the, I can't find mine but it's probably not necessary I get
it out I know it by memory, there's one agreement and we are
recommending and requesting to you tonight to separate into
two Conditional Zoning Agreements. And the reason that we
separated, one for the Hitchcock property which is the green,
and one for the Ruppert property which is the red. Those are
the only two tracts which are being rezoned. And the RS-5 is
not being rezoned. Now the reason we're recommending that is
because the current Conditional Zoning Agreement has only
three conditions in it. One is to protect the cedar trees. One
is to build Saratoga Place before we construct any buildings.
And the third is to provide a landscaping plan approved by the
city forester. All of those three conditions apply only to the
tract that Hitchcock's own. So we would like to have an at
least a Conditional Zoning Agreement that only involves the
Fellowship, myself, and Mary and Lee Hitchcock because~they
own that tract, that green tract. I don't know why we're
included, why the Rupperts would be included in that green
tract. There may be a legal reason but I'd like to see them
separated and then there are no conditions in the current
zoning agreement, Conditional Zoning Agreement, that apply to
the red tract and I encourage you to verify that with the
staff, your city attorney and P/Z department.
Woito/ There's actually no grounds to include the red part in the
Conditional Zoning Agreement under Iowa law.
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Kubby/ Do we need the yellow section in there because of the
condition about the street being, even though it's not being
rezoned which doesn't make sense to have it be part of the
conditional rezoning?
Woito/ No. You only need it in the green.
Throg/ So you want us to focus on the green, the Hitchcock
property.
Burns/ I think you need to, I mean I- it's your decision but we
request that, we're making a request tonight that you vote on
each tract separately. I think that's possible. We ask that
you rezone the Hitchcock property OPDH-8. As I said earlier,
we do not reject leaving the Ruppert tract RS-5 and I guess my
question would be to staff, would this be spot zoning and I've
asked that question and (refers to map) that represents the
current existing zoning and the shaded area is the entire,
this shaded area represents all three tracts. This is %
drawing that Bob Miklo provided to me this afternoon and so I
don't have the tracts broken out. But you can see the relative
position that the northern part of this tract would be in
relation to the RS-8 zone and it's my understanding and
correct me if I'm wrong that it's the city's opinion that this
would not be spot zoning. Is that correct?
Woito/ That's correct.
Burns/ So I'm asking that question and asking that it be answered.
Kubby/ Linda, is it?
Woito/ He gave some very good examples around the city where it
certainly is not spot zoning.
Kubby/ Is it possible because the way we went through the process
to rezone just a portion of the property that we've been
talking about as one big property just to look at the
Hitchcock property?
Woito/ Yes, but you would need to consider modification of the
application and then either split the two properties or fezone
what he originally applied for which was the green.
Nov/ But originally we had of that rezoned.
Horow/ What happened, I guess my question, if we took out just the
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Fl12195
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Hitchcock property when would we be considering the Ruppert
property, the yellow one parcel?
Burns/ It goes to the, I believe to answer that question, is just
to go through the subdivision process. So right after it's
rezoned, we'll be in doing the subdivision.
Horow/ Actually then the vote that council needs to take is almost
two sub-votes under one large umbrella vote. The large
umbrella vote being the two parcels together, both land use
even though they are different and financial analysis of them.
The sub-votes would be the Hitchcock vote and then the Ruppert
vote.
Kubby/ No. We're saying take the Ruppert vote out of the
discussion.
Horow/ No, but in the final analysis, the two parcels are one
project that have to be.
Throg/ But we would not be voting on them that way.
Horow/ No. I said you would be doing it almost two different things
and one large sub one, large umbrella one. The large umbrella
one is the fact that the two parcels are one project. That
both P/Z and CC, Community Housing have considered it.
Woito/ What you could do is amend the current zoning, Conditional
Zoning Ordinance and Conditional Zoning Agreement to include
the green with a reference that there are certain obligations
to do something with the yellow.
Horow/ Right.
Kubby/ I think we should write it that way in the-
Horow/ But we will also have to consider-
Woito/ It is sort of non-binding in terms of-Since we are not
rezoning the yellow but-
Franklin/ Certain obligations to do something with the yellow such
as-
Woito/ To comply with the project plan as presented.
Franklin/ Rezoning does not consider the yellow at, that design.
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Fl12195
#6i page 9
Woito/ No, that is what I am saying. It is an act of good faith if
you would write into the agreement.
Horow/ But the analysis that we saw tonight of the financial
analysis of it, the cost of the land and the preparation of
the land. That was only for the Hitchcock property, is that
right?
Burns/ No, it was for both. And you control the funding so I don't
see any risk on whether this work will get done or not because
you have the control of the funding.
Woito/ Have a separate ancillary agreement binding him to this
yellow project while it goes along the same track with the
CSA. It is just another agreement.
Franklin/ The concern on the part of the council about the yellow
part of it and that it be developed exactly that way because
you are going to see a subdivision plat for it. There has been
no review of, technical review, of that subdivision plat. We
just know that it is there. And the anticipation is that a
plat will come in later which will go through the process. I
think what you-
Baker/ It stays RS-5 so it has to come in as single family.
Franklin/ Yes.
Throg/ And assuming Bob can fund that RS-5 part, he can go ahead
and do it. All we do is review the plat.
Franklin/ Yes. The only requirement is that the road be built
before building permits issue for multi-family. That is the
CZA. What you are doing is reducing the size of the rezoning.
And because it is a reduction, I think we are okay, aren't we,
in terms of p.h. and the whole process.
Woito/ Yeah but I would continue the it and redraft the ordinance
and the CZA. Both the ordinance and then you are going to have
to decide whether you are going to include the red in the
ordinance or split it into two ordinances.
Council/ (All talking).
Baker/ What would be the second ordinance?
Woito/ To do the-
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Fl12195
#6i page 10
CHANGE TAPE TO REEL 95-134 SIDE 2
Baker/ It would require two separate ordinances?
Woito/ Right.
Horow/ Do you have anything else, Bob?
Burns/ Just a couple of more points, if you don't mind. Just a few
things that a couple of points about funding. The use of CDBG
funds, HOME funds, housing assistance funds, or low income
housing tax credit. These are the current available sources of
financing for affordable rental housing. Our state and federal
government has set this process up for us to use these funds
and I look at this as an opportunity for the city to leverage
their share of the federal funds to attract outside funding
from outside of Iowa City and bring it into Iowa City, both
state funds, state allocated federal funds, and private equity
capital. The private equity capital will probably come from
large corporations who are investing in these low income
housing tax credit projects like for example and I'm not
saying these are the investors for this project yet but
they've invested in other tax credit projects: General
Electric, Chevron, Chrysler, Marriot, Eli Lilly, 3M, K-Mart,
Wisconsin Power and Light, and the list goes on. So we look at
this as economic development. We're bringing in outside
capital to be spent in Iowa City with local contractors, local
~ervice providers, ~ngineers, attorneys, accountants. So I'm
in favor of the project also from that standpoint and I want
to point that out.
Kubby/ Do you know what the ratio would be in terms of the
leveraging even with the 21 units and the $25,000 per unit?
How much, is it a 2:17 Is it a 6:1 ratio even with the higher
number of subsidy?
Burns/ Equity capital represents about 40% of the project up to 50%
in some cases. And I would say we haven't finalized, the
Fellowship and I and the city haven't finalized exactly
financing of the single family although we have some options
that we're discussing. But that would be available for owner
occupied or renter occupied housing and that we would expect
input from you on those issues. But at least you'd have the
land for affordable housing. I realize it's expensive, but
it's the best we could do. And lastly, I just wanted to
mention one thing about public/private partnerships. You know,
we've been encouraged to do that and we came to this knowing
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Fl12195
#6i page 11
that there were risks of falling apart. Partnerships do fall
apart, but I would us all to work through these problems and
try to find some kind of common ground so that we can move
forward. Other issues that I would be able to discuss but
there's not time but just in case any of you are interested,
we could talk about the application cycles, the federal
subsidies of housing and how they're figured, and we could
talk about your work session on the 30th. I was there too but
I think I've made my point that I'd like to make anyway.
Borow/ Larry has a question?
Baker/ Yeah, just quickly refresh my memory. On a previous project,
the 32 unit project that we had before us at one time. Was
that within the Comp Plan density guidelines, the 32 units? It
was.
Burns/ Yes.
Baker/ And I'm trying to remember the exact details of the 32 unit
proposal, but was there more open space in that proposal then
there is in this proposal?
Burns/ No. There wasn't. It would be on the, on just the Hitchcock
property, it's still just the green portion. It's still
calculated at a density of 8 units per acre. There's only 12
units there.
Baker/ Okay.
Burns/ But overall it would be, if you factored in to the single
family, then it becomes a lower density overall. More open
space for the neighborhood and the neighborhood, they've
submitted a letter to the P/Z Commission about this plan and
they mention that it eliminated a lot of their objections.
Kubby/ But the open space is configured differently.
Burns/ Yeah.
Kubby/ From the 32 unit one, some of it was also.
Baker/ There was more general or collective open space in the 32
unit then this.
Council/ (All talking)
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Burns/ ¥eah.
Horow/ Any other questions? Thank you. Does anyone else care to
address council on this issue?
Throg/ It's a better design.
Burns/ Somewhere I have the sign in sheet. Sorry.
Jerry Zinn/ President of Board of Directors, Habitat for Humanity,
Iowa Valley Unit. Thank you for this opportunity to speak this
evening. Habitat for Humanity has as it's rather lofty goal
the elimination of poverty housing during our lifetime. We
propose to do this by working with our partner families and
partner communities in building homes for hard working lower
income families who'd otherwise not be able to afford home
ownership. Volunteer labor and donated materials enable us to
keep the cost down. At the very core of everything we do is
the aspect of partnership. Our families work in partnership
with our organization investing hundreds of hours of labor in
the form of sweat equity in the construction of their home.
Our volunteers work in partnership with a soon to be home
ownership families. Our local suppliers and professional
builder, electricians and plumbers work in partnership with us
in providing for services and material in the construction of
the home. In short, I believe that Habitat can display the
very best of our community's desire to actively take care of
one and other. Because of these partnerships we can now point
to the homes and families, at 1706 G Street in Iowa City and
701 Fairchild in Coralville. We start out to build houses but
we wind up building homes. Homes where decent hardworking
members of our community may raise their families in dignity
and safety. Throughout the whole process of doing our building
in partnership with the community we also find ourselves in
partnership with the city. iowa City support and interest in
Habitat for Humanity has been most appreciated. Not because of
the Housing Fellowship's proposal for development and the
possibility that we might be able to get into some of those
s.f. lots we find ourselves in the position of asking the city
for further involvement in providing for affordable housing by
encouraging your approval of this development. A number of the
nine s.f. lots found in the proposed development would
possibly be made available to Habitat for the continuation of
our building partnerships. Acquisition for land for building
is our biggest challenge. We have no shortage of perspective
families. We have many volunteer builders. And we have more
and more members of the business community of Iowa City
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Fl12195
#6i page 13
becoming involved. Finding lots for us is always difficult.
$30,000 to $40,000 lots seem to be the rule and we try to
build our houses for around $45,000, lot included. So I am
sure that you can appreciate the situation in which we find
ourselves. The council has the opportunity to make a positive
impact on affordable housing through approval of the
development plan that you are hearing about this evening. We
urge you to allow this development and we look forward to our
continued partnership for the caring citizens and council of
Iowa City. Thank you very much.
Pigott/ Thank you.
Horow/ Anyone else care to address council on this issue?
Charlie Eastham/ I am president of the Greater Iowa City Housing
Fellowship. I just want to make two very brief points. One, we
concur completely in the presentation Bob made and in the
information he presented this evening. And also of we are
looking forward in some anticipation in being able to have the
opportunity to work with Habitat in constructing-their
constructing some affordable owner occupied housing on a
portion of the 9 s.f. lots. Our plan is to develop the
remaining lots not built on the Habitat with conventional
financing for owner occupancy and those houses would be made
available to families or sold to households earning less than
80% of area median income since they would be HOME subsidized.
That would be a HOME subsidized development. We would like the
council to consider the method proposed by Bob in terms of
handling the rezoning of this what he was describing Hitchcock
property. Thanks.
Lehman/ Charlie, I just have one question. This really does not
relate to land use but it really kind of bothers me. When
units like the ones you are proposing are available on the
market between $70,000 and $90,000. How can you justify
subsidizing to the tune of $118,0007
Eastham/ I guess, Ernie, I would take exception to the notion that
units are simply available on the market for this purpose, the
purpose being to provide units which are, or housing which is
price limited. Either the rental amount is price limited or
owner occupied units are price limited. These units would be
income targeted. They'll be affordable for a period of at
least 30 years. And for the rental units, they'll be managed
by a community based, non-profit Housing Fellowship.
'[his represents only a reasonably accurate transcription of the Iowa City council meeting of November 21,1995.
Fl12195
#6i page 14
Lehman/ Isn't there something wrong with a system that can't go out
and buy on the market units from $70-90,000 and rent them to
low income folks as opposed to subsidizing to the tune of
$118,0007 I mean isn't there something wrong with that?
Eastham/ I don't know if there's anything wrong the system or
anything, but so far that's the system. I would point out,
Ernie, that we, the Housing Fellowship in the last few months
have attempted to buy an apartment complex in Coralville and
use it for lower affordable housing. We applied to the state
of Iowa for HOME funds administered by the state of Iowa. Our
application was denied and their rationale, their reason was
for denying application was that the state does not, the
Department of Economic Development, does not favor acquisition
projects which convert housing from an existing rental use to
another existing rental use. They favor converting the
buildings that are not occupied to something else. So would we
be able to obtain housing or state HOME funds to do the kind
of thing you're talking about in Iowa City? Not under their
current policy.
Kubby/ That's why Ernie had spoken against the city acquiring those
homes from 70-90,000 to get them off the private market
because of the competition.
Lehman/ We talk about that a week from (can't hear).
Nov/ What's the selling price that we're anticipating? What would
a house sell for to someone at 80% of median income?
Eastham/ Our plan would be that we would probably market the
houses, the cash price is my term, to the buyer is about the
same as the cash price as seen by the Community Development
Divisions project over on, I can't think of the street, which
I believe was $55-65,000 range. Which I think as I said is a
price at that level to households having up to 80% of median
income I think we can find buyers who can obtain that amount
of money. the land cost for those homes would be subsidized.
Kubby/ I just had a couple of numbers thrown out at us in terms of
subsidy per unit. One presented by Bob Burns. It's got a
little under $25,000 and Ernie threw out.
Lehman/ That was infrastructure only.
Kubby/ Oh, okay.
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Fl12195
#6i page 15
Throg/ I think it's correct to say that our collective decision 2
or 3 months ago was due to the supermajority condition, our
collective decision not to accept the 41 unit development has
had the effect of driving the per unit cost up very
dramatically in term of subsidies. So we're in kind of a
catch-22 situation here where we're faced with a trade-off of
either accepting a smaller number of units at a higher cost or
a larger number of units at a lower cost. We also have another
trade-off with regard to open space, because the design that
we considered earlier by enabling people to live in more
clustered units, left more open space available. I personally
think we made a mistake then but we voted as we did and we're
now where we are.
Horow/ Anyone else have any issue they wish to bring before
council?
Linda Murray/ Chair, Commission on Housing and Community
Development. As you know, we voted to recommend funding for
this project which recommendation is at odds with staff's
recommendation because that's pretty unusual for us. I wanted
to give you an opportunity to ask me any questions you might
have about what our thinking was.
Throg/ Well, what was your thinking?
Murray/ What could we have been thinking? I think that Mr. Burns
and Charlie and you yourself have already articulated our
major consideration and that was that it is the actions of
this council, it is the- and P/Z and the neighbors concern and
staff concerns that have worked to add to at least in large
part, the increased cost of this unit, of this project. The
committee feels that it seems a little unreasonable at this
point to now turn around and say well now it's too expensive,
you know. And I think you fully understand that. I think
another consideration for us was the successful track record
that Mr. Burns and the Christian Fellowship have with the city
have in building low income projects which is why we continue
to give them CDBG and HOME funds to do these kind of projects.
I think that was an important consideration also. Another
consideration is that in the end, we would have 21 units of
affordable housing in what most of the commission members and
what many of you and P/Z members have agreed is a very good
looking location for this kind of project. That's also a very
important consideration. Certainly nobody on the commission
took the cost considerations lightly. I don't think any of us
were very happy about the figures. But the bottom line is not
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Fl12195
#6i page 16
the only consideration. There are other considerations and we
tried to take those into account and I'm sure that you will
too.
Horow/ Linda, my question is, if this project does not go through,
if it doesn't do you have plan B?
Murray/ Yes, we do. Due to staff's excellent planning, we are
recommending that this money that would go to this project
will go to the working singles project.
Horow/ Totally.
Murray/ Yes. I think.
Lehman/ Originally, as I understand it, from a staff report, this
money was to go to construct 133 affordable rental housing
units as part of 324 unit development that didn't fly.
Murray/ Right.
Lehman/ But I think what
same dollars for 21
for 133.
I'm hearing is that you're offering the
units that you originally were offering
Murray/ Right. We would be paying a much larger cost of this
project. This money that we are giving them, or that we are
recommending is only for land acquisition.
Lehman/ It's the same amount that you were going to offer for 133.
Murray/ Right. We would be subsidizing a much larger part of the
project then we would have been for the large, for the 133
units.
Lehman/ Over six times as much. At what point does money become a
factor?
Murray/ Well, I think money is a factor, but I don't think it's the
only factor.
Kubby/ I think the thing too was that the original proposal of the
CCN was a proposal but there wasn't even land available yet.
But the goal was to do this mixed income, subsidized and open
market project that was a great idea. And the realities of the
economics of land cost and availability did not allow that
ideal to come into fruition. And it's unfortunate because it's
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Fl12195
#6i page 17
a great original plan. But in lieu of land not being available
to do the larger scale plan, this was the land that the
partnership could find that was for sale. So this is the
realities of going from the vision to what can happen because
we did listen to the neighbors. The partnership listened and
the council listened and because we're trying to juggle many
values here, the end result is high cost per unit which
otherwise will not be built in this co~mmunity. And for me
that's a big point that the bottom line is that if we don't do
this in a partnership it's not happening anywhere.
Throg/ I guess-
Horow/ Can we continue with this p.h. though? I'd really like to
get-
Throg/ Sure.
Horow/ People's input before we get back here. Does anyone have any
other questions for Linda? Okay. Thank you very much.
Throg/ Thard{s, Linda.
Horow/ Ask people to address council.
Kubby/ Mary's been patiently waiting.
Mary Losch/ 1252 Oakes Drive. That's right.
Horow/ You didn't wear your sneakers, Mary.
Losch/ I'm going to make just a very brief presentation tonight on
behalf of the neighbors. And basically what I want to do
basically we've gone over a lot of these issues in previous
hearings and so I'm not going to go through all of the
details. What I do want to do is talk about how the current
site plan that's been presented earlier has affected some of
those objections and concerns that we had earlier and what
concerns still remain. Basically the new site plan provides a
safer entrance to Dubuque Road. The previous plan as you might
recall we objected to because there were severe limitations on
the sight distance at one of the entrances. The new plan also
contains varied housing types including owner occupied single
family homes which we believe are much more consistent with
the surrounding neighborhood. It's significantly reduces the
potential traffic congestion on Dubuque Road and Dodge Street.
And it does in fact diminuate many of the safety problems
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Fl12195
#6i page 18
associated with a higher density project. So while we view the
plan more favorably then those previously submitted by Mr.
Burns and the Greater Iowa City Housing Fellowship, a number
of concerns and questions do remain. And among the issues we
believe merit further consideration and exploration are,
number 1, one of the issues we talked about earlier, the
rezoning of the Ruppert Home site. We would certainly prefer
if there is a rezoning, that it be rezoned to CN-1 rather than
an OPDH because we believe that any residential development on
the corner of Dodge and Dubuque Road is wholly inappropriate
primarily for the reason of safety. We don't think that family
home sites on Dodge Street would be safe, but also with regard
to potential increases to density over time. We also think
there is a need for a formal site survey to determine the
actual size of the parcels in question. Recent memos from city
staff have been inconsistent in their representation of the
sizes of the parcel and in recent discussions there seems to
be some confusion on who owned what. That seemed to clarified
tonight I think, but as of last night there seemed to be still
some confusion. We also think it's very important that the
nine lot subdivision be reviewed concurrently. We are looking
at a site plan and are being asked to respond to a site plan
but it's being done piecemeal rather than concurrently and we
would much prefer that we see both of those things at the same
time. Obviously there are two different applications but we
think they need to be reviewed at the same time and tie the
parcels together so that we can also look at the subdivision
requirements and so on and comment on those at the same time.
We also still need sidewalks on Dubuque Road, there are none,
to insure the safety of pedestrian traffic. We also are still
in a serious deficit in regard to neighborhood park, open
space. Both with regard to the open space generally but also
to foster interactions as we've talked to that before for the
current neighbors and any new individuals who would cone to
live in this development. And I just want to remind you that
we also 14 new home sites going in as we speak. So it's not 21
lots. It's 35 that we're talking about. And that's a
tremendous increase in the amount of foot traffic and number
of people in that area.
Throg/ Where are you talking about Mary to build a new unit?
Losch/ There are 14 home site going on off Quincet right off of
Oakes which will also be using the Dubuque Road access as
well. Lastly I want to emphasize that we believe the
conditional zoning agreement is extremely important. We
believe that those items that are represented in that
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Fl12195
#6i page 19
agreement or have been in the past, are paramount importance
to the development. We would like to see those there and don't
believe that this should move ahead without some sort of
agreement to guarantee that the issues that were discussed in
that agreement are in fact adhered to. So we think that's very
important. So in some, while we believe that an overall site
plan is much improved over previous versions, until the
likelihood of any residential development of apartments on the
corner of Dodge and Dubuque Road can be eliminated and the
remaining issues that I've just talked about can be addressed
in some reasonable time frame, we remain opposed to the
rezoning of this area to a higher density.
Kubby/ So Mary, even though the neighborhood may not have been able
to discuss the idea of having Conditional Zoning Agreement
just for the Hitchcock property, what is your personal idea
about that?
Losch/ I guess my first concern as I was listening to that
discussion was that the road is in fact on the Ruppert
property so one of the main conditions is that the road go in,
so clearly that is not a matter of the Hitchcock property.
It's a matter of,
Kubby/ I mean it doesn't seem reasonable that half of a road would
be built when the intention is.
Losch/ No. If the road is built. But again the trees fall on both.
I don't know how to really talk about it as one one or the
other since it seems to me most of the conditions are relevant
to both.
Kubby/ Although as a way of dealing with that as Linda was
suggesting there'd be some sort of ancillary agreement that
says maybe three things that the nine lot single family lots
will come in at the same time as the other one.
Losch/ And that the process we're allowed to see them concurrently.
Kubby/ And the trees and the street will have the same conditions
placed on it.
Losch/ Well obviously you don't, if the conditions are there
somehow, then that addresses the concern. I don't know the
extent to which that's a viable option. I'm just not familiar
with the legal technicalities to know that. The other issue I
guess that I would come back to is separate from what we
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Fl12195
#6i page 20
prepared is the issue of the spot zoning which you've heard
about over and over and over from staff throughout this
process and that the reason that they ask for the change in
the zoning on the southern portion is that in fact it would be
zoning otherwise to put an OPDH in between two RS-5's solely
for the purpose of that development. And my understanding was
that that in fact is a description of spot zoning. So I guess
I'm somewhat concerned about how that's going to be dealt
with.
Kubby/ Do you have a problem with there being RS-5, OPDH-8, and
then RS-5 where the current Ruppert house is?
Losch/ Personally I don't. Our understanding was that that was a
legal, opens up legal.
Kubby/ But you big concern was that it wasn't higher density
housing and viewing that-
Losch/ That is the primary concern right now. As far as we're
concerned, that's critical as well as some of these other
issues. But again we have talked having to do with some of
these other infrastructure issues that seem not to be part of
these discussions that I think have to begin to be, as we
talked about, this as well as other projects that I'm sure
will come down the road. So I have something for your ever
burdening (can't hear).
Kubby/ Thank you.
Horow/ Anyone else care to address council on this, or are there
any other questions for Mary?
Throg/ I would like to ask a question of Karin Franklin that takes
off from something that Mary said. I guess ideally I can
imagine a scenario in which the four-plex, the eight-plex, and
nine single family units would be mixed together in rather a
creative way rather than separated and across the street from
one another. Are we able to do that in our, according to our
current zoning ordinance?
Franklin/ Through a planned development you can mix it all up as
much as you desire. I'm not sure exactly what you're after.
Kubby/ The underlaying zoning has to be at the highest density of
any portion of that planned development.
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F112195
#6i page 21
Throg/ So to do that for these two parcels the whole thing would
have to be OPDH-8, I suppose.
Franklin/ Not with the single family. It could be an OPDH-5. The
density that you're talking about on this whole piece of land
is about five dwelling units per acre, the 21, the total. It's
the twelve on that smaller piece that requires the eight.
Horow/ By the way, chair would entertain a motion to accept
the correspondence. Moved by Kubby, seconded by Pigott. Any
further discussion? All those in favor signify by saying aye
(ayes). Thank you.
Kubby/ I have another question for Karin, I'm sorry. In terms of
making sure these two things happen together if that's
council's pleasure.
Franklin/ These two things being?
Kubby/ The yellow and the green.
Franklin/ Okay.
Kubby/ I'm trying to make it simple.
Franklin/ I know what you mean.
Kubby/ Thank you. In terms of the platting process, that's being
done if the OPDH-8 is approved, where the buildings will be,
what they will look like, and conditions about landscaping.
Franklin/ Okay, it's a concern if I can interrupt you. If the
concern is about the conditions being imposed and enforced
with this conditional zoning agreement just on the green,
those conditions have to be complied with even if they are off
site for that zoning to be in place. That road has to be built
before the building permits can be acquired. Not half a road.
The whole road. All of the trees. So those conditions are
imposed upon this development and this development cannot
happen until those things occur. Or the zoning is not in
place.
Kubby/ And in terms of the timing of the multi-family units and the
single family units, the subdivision processes, if we have
proved the OPDH-8, we've kind of gone through the subdivision
process so to speak for the green portion, it doesn't have to
go back through P/Z. But the yellow portion will have to got
through a subdivision process. So the timing will not happen
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Fl12195
#6i page 22
at the same time. The conditions will be protected on the
yellow but the timing of how things will be laid out will not
happen at the same time.
Franklin/ Not likely.
Kubby/ If we will defer, and it won't happen then because we need
the deadlines for the tax credit.
Franklin/ It's going to depend I think on the market and what Mr.
Burns' Greater Iowa City Housing Fellowship decide they want
to go ahead with first. Once the rezoning is in place, it
doesn't mean they have to build multi-family and the
townhouses first. They could then go through the platting and
in fact before the piece, the green piece, the colors are
handy, before the green piece can be severed from- part of the
road I think is on the green piece and part of the road's on
the yellow piece and so there is some monkeying with property
lines. I'm thinking of when the subdivision has to occur.
Because you've got the once piece that's the green piece. It
can be built on now. It has to have the road put in place
before that can happen according to the conditional zoning.
They could however decide that things are going well and
working with Habitat there's a greater demand for the single
family housing right now so they come in with the platting and
come in and do that part of it.
Kubby/ But the road has to be there anyway.
Franklin/ The road's going to have to be there to do those single
family lots. The road's going to have to be there to do those
multifamily.
Kubby/ If the Conditional Zoning Agreement is signed, that issue is
taken care of about the trees and the road happening.
Franklin/ The trees and the road and the landscaping. Yes and
remember they are buying two lots, Charlie Ruppert's lot to
the north and Mary Hitchcock's to the south.
Horow/ Naomi.
Nov/ I think I heard you say we could combine those two lots, the
yellow and the green and call it OPDH-5?
Franklin/ It could be. Yes.
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Fl12195
#6i page 23
Kubby/ We'd have to go back through a process.
Nov/ That would require then that the whole thing be approved at
one time?
Franklin/ Yes.
Nov/ Okay. Now another question that Mary brought up was the
sidewalk. Didn't we already say there would be a sidewalk
along Dubuque Road?
Franklin/ The sidewalk on Dubuque Road is an issue that has been an
issue in this area before this project has been discussed, and
as Mary indicated there's been additional subdivision in the
area that has gone through the council and there are people
moving into the area. That sidewalk on Dubuque Road is on the
other side of the road, I think that's where most people have
talked about it because most of the development is on Oakes
Drive. And that is something that council can at any time
decide that what you want to do as capital improvement
project.
Kubby/ But it's not the obligation of the developers to provide
that sidewalk?
Pigott/ It doesn't have to be.
Franklin/ Not any more than it is on either development on Oakes
Drive and Quincet.
Nov/ Well at one point, one of the plans that we saw did have a
sidewalk drawn in.
Franklin/ There will be a sidewalk on this project site because we
require sidewalks to be put in on the time line.
Kubby/ And it will be behind the trees to the west.
Franklin/ I think, and Mary can correct me if I'm wrong, but I
think the concern of the neighborhood has been primarily a
sidewalk on the west side of Dubuque Road from Oakes down to
HyVee on the Corner.
Losch/ I want people to walk to the grocery store safely.
Nov/ I just heard about a sidewalk and I thought it was on the
other side.
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Fl12195
#6i page 24
Horow/ Okay, Any other questions? Mary Ann.
Mary
Ann Dennis/ I am the Administrator for Greater Iowa City
Housing Fellowship. I thought I'd give you information about
who the Housing Fellowship is and what we do. Greater Iowa
City Housing Fellowship was incorporated in 1990. We are a
nonprofit housing development organization. The members of the
Housing Fellowship include 15 local congregations and four
human service agencies. That's basically the Housing
Fellowship membership. What we've done so far is we have
either acquired and rehabbed or constructed 18 units of
affordable rental housing scattered throughout Iowa City. We
now, we currently own and manage those 18 units. I think
affordability has been an issue in a lot of the discussion
around this project. So I'd just like to provide some
information about what our experience has been and who our
tenants are. We have provided housing to 87 people of which 57
are children. Almost 70% of the heads of households are
employed. And a sample of the employers include UTA, Rockwell
Collins, daycare centers, nursing homes, Arena Auto Body,
AmeriCorp VISTA, and restaurants. Licensed in home day care is
provided in two of our units. All of our tenants receive
Section 8 rental assistance. 15% of our tenants are elderly or
disabled. 78% are headed by single moms. I have a- before my
life at the Housing Fellowship I was a social worker in Iowa
City. I counted our current tenants and I believe that there's
one household that we rent to right now that may benefit or
could benefit from supportive services. And when I say
supportive services, I mean services that would address
concerns about how they conduct themselves in their house and
in their neighborhood.
Kubby/ So one out of 18.
Dennis/ Households. The other thing I'd like to emphasize is that
I believe that housing that is widely affordable to entry
level and service sector workers is an essential part of all
economic development. This has been recognized locally by Jay
Clark, vice-president of NCS in a letter that you received
dated August 3, 1995, and John Beckford, director of the Iowa
City Area Chamber of Commerce in a more recent editorial in
the Press-Citizen. And as Steve Katz, the CEO of FirstStar
Bank, stated, corporations cannot afford to open or relocate
in a community in which their employees cannot find or keep a
place to live. Thanks. Any questions?
Pigott/ Could you repeat the employment?
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Fl12195
#6i page 25
Dennis/ Almost 70%.
Pigott/ 70?
Dennis/ 70. And then 15% are either elderly or disabled.
Pigott/ Thank you.
Horow/ Anyone else care to address council? Bob-
Burns/ I just have to clarify a couple of points that came up
during the discussion on the sidewalk on our project. (Speaks
off mic).
Nov/ I thought you were.
Kubby/ Would you repeat that into the mic?
Burns/ We have always planned and continue to plan to build a
sidewalk along Dubuque Road on our project, the green piece
and the yellow piece, as well as along and around Saratoga
place. And the second issue is on the sequence of development,
we plan to start construction in March of 1996 on the road as
soon as possible. And we start construction on the multi-
family housing as soon as the city will issue us a building
permit based on what goes in on the street. And we're- the
only reason we haven't surveyed the site yet is we haven't
quite known just how we were going to plat it because we
haven't known how we were going to rezone it.
Horow/ Okay. Thank you. Is there anyone else who cares to address
council on this issue?
David Curry/ 1333 Bristol Drive. I'm a little confused and perhaps
the council and the city attorney can help me out. I have
attended a number of these hearings through the summer and
have been following this with interest since I'm a neighbor in
the area. We've always been dealing with a group of dwellings,
whether it's 66 or now it's down to 21, but what is the
rationale behind complicating the process. Clearly I
understand only one of those two parcels needs to be rezoned
to OPDH, but it's still one development that's financed all
together. It's being provided as a way of supporting
affordable housing for people in Iowa City as a single
project. What is the rationale behind pushing ahead part of it
and then coming up with provisional agreements and
understandings and all of a lot of other things that would
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Fl1218§
#6i page 26
seem to complicate the procedure a whole lot rather then just
going ahead and reviewing it as a single project and either
approving it or turning it down.
Horow/ That is the choice of a developer. The developer can do
that, sort of divide them. I assume having to do with the
land, with visualizing the land use, i.e. a single family
dwelling closer to the existing neighborhood area and the
higher density as it were. The green area. But Ms. Franklin,
if you wish to embellish that, you certainly can.
Curry/ So it's strictly up to what the developer proposes?
Horow/ The strategy that the developer in terms of how he wishes to
propose them.
Curry/ And the fact that this proposal is not brought to P/Z before
it came here but it was brought as one large proposal does not
require to go back to P/Z under the partial (can't hear)?
Horow/ Karin, do you want to address this?
Franklin/ First of all, yes, it's the way the developer chose to
bring it in in terms of having two parts, the multi-family and
single family. The single family obviously does not need to be
rezoned. This project has gone before the P/Z Commission.
Okay.
Audience/ (Can't hear).
Franklin/ Not the way it's been described tonight, but the fact
that it is a diminishment of the zoning, the commission also
recommended denial. I don't believe there's anything's that
occurred tonight which would change the commission's
recommendation. It may only reinforce it.
Kubby/ And if we're inclined to support this, on the 27th we really
need to get P/Z to have our official meeting to discuss our
differing views.
Franklin/ What you had last night was not official?
Pigott/ They didn't want a general meeting to discuss it.
Woito/ Plus the December 1 deadline is pushing the rezoning portion
of this.
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Fl1219§
#6i page 27
Kubby/ Right.
Woito/ For the tax credit.
Horow/ Anyone else care to address council? Mr. Curry. Mr. Curry,
you'll have to come up to the mic.
Throg/ Linda, maybe you could clarify that point.
Curry/ Could you explain to me the December 1 deadline?
Franklin/ The December 1 deadline is a requirement assuming the
city council were to go forward with the rezoning to apply for
a tax credit under federal law. And so that's what's sort of
pushing the rezoning portion of it ahead of the platting of
the single family dwelling portion.
Woito/ But you're absolutely right. There's no reason why the
single family and the multiple dwelling couldn't've been
OPDH-5.
Kubby/ It's been a very evolving process.
Woito/ Right. I have no answer for that.
Curry/ And explain to me what happens if the rezoning is not done
before December 1st, what will happen. It won't qualify for
the tax credit and so the project will not?
Woito/ I don't know about that.
Kubby/ Bob, will the project be financially feasible without the
tax credit?
Burns/ The project would not be financially feasible without the
tax credits and that's why we're doing the multi-family
housing project first so we can raise the equity capital which
is the limited partners portion of the financing the project
so it just makes sense.
Horow/ Anyone else care to address council on this issue?
Dean Thornberry/ Would it be appropriate for me to speak on this
issue?... Okay.
Horow/ I think this is an issue that would be more appropriate
during a work session.
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Fl12195
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Throg/ I don't understand.
Woito/ He's a citizen.
Throg/ He is a citizen. Dean.
Horow/ Okay. If you want to.
Pigott/ You should free to speak.
If Dean wants to speak then it's up to you
Horow/ I'm overruled. I'm overruled, go ahead.
Kubby/ It's not a legal situation, is it?
Woito/ No. You have every right to speak.
Thornberry/ I would rather not.
Horow/ Okay. Anyone else care to address council, otherwise we're
about to continue, chair would entertain a motion to continue
this p.h. to November 27.
Kubby/ With the understanding that we will with everything else on
our agenda on the 27th we will have an official meeting with
planning to discuss our differences of opinion. That would be
intent of the current.
Throg/ We seem to have a breakdown in communication last time
because I know we understood that we were trying to set up an
official meeting with P/Z Cor~mission and they did not
understand it.
Horow/ Now wait a minute.
Kubb¥/ They were thinking we hadn't said that we were predisposed
to supporting this and so.
CHANGE TAPE TO REEL 95-135 SIDE
Horow/ They asked-
Horow/ But I want to make clear on what we are doing here. We have
not taken any vote this evening in terms in how we intend to
address this issue. We are continuing the ordinance or the
p0h. We are still waiting for the CZA to be signed. On what
standards are you asking for P/Z to officially meet with us.
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#6i page 29
Kubby/ But I am predisposed to finding a way to make this happen
and if that means-It seems like that means at this point that
the Hitchcock property would be the only property being
rezoned and that the CZA would apply only to the Hitchcock
property mentioning the street and the trees.
Throg/ The division of the two so that the Ruppert homestead
property is not a part of the rezoning.
Kubby/ Let's hope that developers get a hold of Mary Hitchcock.
That this is agreeable to her. That she will sign it by the
close of the hearing on the (can't hear).
Nov/ I still think that the northern part of the Ruppert property
ought to be considered at the same time. I am not worried
about the triangle part south of this development. But I am
not happy with splitting this into two different zones.
Kubby/ But this can't happen in the time frame that the finances
can make it happen. So this is the reality under which we're
working.
Horow/ But there is nothing that says this has to happen.
Throg/ That's true.
Kubby/ If the only reason is because you are uncomfortable with the
different zones even though it would physically be the same
for this project whether it is zoned one way of another. I
don't think that is valid.
Horow/ If we get
financing (can't hear). In that case
have a meeting with the Cormmission and
Baker/ But they have recommended this.
Throg/ We have heard their recommendation.
Horow/ But this is something remember P/Z cannot deal with.
can only deal with the land use.
Baker/ We got a recommendation on the financial issue.
Franklin/ Is Naomi's issue dealt with?
into this discussion it will inevitably involve
then we should almost
how they felt.
They
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Woito/ You want to do an ancillary agreement dealing with the
yellow part?
Nov/ I think that is the wrong way to do it. I thi~k it ought.to be
a single development project and a single zoning and if it can
be zoned OPDH-5 and accomplished as a single project, that is
the right way to do it.
Woito/ I guess my big concern here is the-
Throg/ In this context I would not agree with that. Ideally I would
but in this context I would not because the affect of that
would be to defeat the project. If that is your intent then we
ought to just kind of focus right in on that and deal with
that.
Nov/ Well, if you want to defeat the project-
Franklin/ The application before you is for the rezoning of the
Hitchcock property. That is essentially the application before
you which you may attempt to persuade the developer to change
but ultimately it is vote of yes or no on that.
Horow/ I think at this point what we really have to do is get the
vote on November 27.
Kubby/ Was there a second?
Throg/ Yes.
Horow/ It was Throg. If it goes up then we deal with P/Z
Commission?
Baker/ I would like to have P/Z Commission there that night. If
four people are predisposed to approve the project if the
other complications can be worked out about land ownership,
conditional zoning and the diminishment of the original size
of the OPDH. I think there are four people disposed.
Throg/ But we haven't talked about the money. Maybe you are right.
Baker/ As far as P/Z goes-
Pigott/ They should be there.
Kubby/ And if the HCD Commission would like to have people there to
be a resource for us during that money discussion, that would
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be helpful.
Horow/ All right. Can I ask-we have got this scheduled at 6:30. Do
you wish to start this earlier?
Kubby/ We can't. Bruno can't get here earlier. So I don't think it
is fair
Pigott/ 6:30-
Horow/ Okay.
Nov/ We are not going to talk about money today? We are going to
let it wait for the 27th?
Horow/ We can talk about money today. That is not what the p.h. is
for.
Nov/ Okay then, let's not.
Kerr/ Madam Mayor, point of clarification. We have a motion on the
floor to continue the p.h. to November 27, consult with P/Z on
the 27th and implied in that is also a special formal meeting
on the 28th should we get that far. Correct?
Pigott/ Yes.
Karr/ And we have not had a vote on that yet?
Horow/ No, we have not. Okay.
Woito/ Included in your motion are you going to indicate that you
want to only deal with rezoning the Hitchcock property and a
CZA?
Kubby/ That is my intent. That is why I am making the motion.
Horow/ Rezoning the Hitchcock property only.
Woito/ With an appropriate CZA.
Horow/ Okay. And the understanding is if we do not get the CZA that
this is a moot point.
Baker/ If the owners of the property are not willing to sell and
the developer is not willing to-
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#6i page 32
Horow/ No, we can vote on it without the CZA.
Kubby/ We could. So, the question is would it be acceptable to us.
I think not for myself.
Throg/ Me neither. If the owner of the property is not willing to
go along with it. I wouldn't.
Horow/ I just want to make sure everybody knows the options that we
are going through. All right. The motion has been made by
Kubby, seconded by Throg to continue the p.h. to November 27
to take essentially a first vote on the 27th and have also
hold a special meeting on the 28th. This is for rezoning the
Hitchcock property only.
Kubby/ One last question. Is there formal objections that cause an
extraordinary majority? Do we know that yet?
Franklin/ No, there are not. Not for either size.
Kubby/ Thank you.
Horow/ Did you have a question?
Nov/ No, that was my question.
Horow/ All those in favor signify by saying aye (ayes). Okay.
Great.
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Agenda
Iowa City City Council
Regular Council Meeting
November 21, 1995
Page 9
333
Consider on an ordinance amending the Zoning Chapter by adopting a
Sensitive Areas Ordinance to regulate development on properties
containing environmentally sensitive features, including wetlands, stream
corridors, steep slopes, wooded areas, hydric soils, prairie remnants and
archaeological sites. (Second Consideration)
Comment: At its Septembe~ 21 meeting, the Planning and Zoning
Commission recommended approval of the Sensitive Areas Ordinance by
a vote of 6-0. The Riverfront and Natural Areas Commission, by a vote
of 9-0, also recommended approval of the Sensitive Areas Ordinance at
its September 20 meeting. The ordinance, as recommended for adoption
by both Commissions, is consistent in form and content to the draft
ordinance proposed by the Sensitive Areas Committee. Comments were
received at the Council's October 24 and November 7 public hearings on
this item.
Action: ~)R-~
Consider a resolution for final plat approval of Kennedy's Wate~ront
Addition, Pan Three, a 31.23 acre, 11-1ot commercial subdivision
located south of Highway 1 between Gilbert Street and the Iowa River.
(SUB95-0026)
Comment: At its September 7 meeting, by a vote of 6-0, the Planning
and Zoning Commission recommended approval of the final plat for
Kennedy's Waterfront Addition, Pa~ Three, subject to approval of
construction plans and approval of legal papers prior to Council
consideration of the final plat. This recommendation is consistent with
the staff recommendation in the September 7 staff repo~ on this plat.
Construction plans have been approved by the Public Works Department.
Legal papers will have to be approved by the City A~orney's Office prior
to final plat approval.
,c,,on:
#6j page 1
I~gM g0. 6j.
Consider on an ordinance amending the Zoning
Chapter by adopting a Sensitive Areas Ordinance to
regulate development on properties containing
environmentally sensitive features, including
wetlands, stream corridors, steep slopes, wooded
areas, hydric soils, prairie remnants and
archaeological sites. (Second Consideration)
Horow/ Moved by Kubby, seconded by Throg. Discussion.
Throg/ You may have already said this but Larry Schnittjer made
several quite reasonable suggestions with regard to the
proposed ordinance. I think most of those suggestions were
incorporated in the revised draft that we have.
Kubby/ Do we move that?
Throg/ Do we need to move anything?
Woito/ Yes, to incorporate the changes that staff recommended in
our memo. Suggested in the staff memo and conferred in by the
staff and by Larry Schnittjer.
Horow/ Suggested in the staff memo of November 16th. Moved by
Throg, Nov seconded it. Any discussion about that? That is the
amendment.
Kubby/ I appreciate the time that Larry took. He had it to look at
that. It made the ordinance better and more clearer.
Horow/ Any further discussion? All those in favor signify by saying
aye (ayes). All right. Back to the main motion. It has been
moved by Kubby, seconded by Throg for second consideration.
And further discussion?
Kubby/ I want to make just a couple of comments. One is that
although his ordinance has a void in it, I think, in
protection of individual trees, I do think that this is a
really comprehensive ordinance that allows and facilitates
innovation, creativity and flexibility and even though people
have said things to the contrary, I believe they practice the
ordinance and it is because of the process we went through
that it is more practical than it may have otherwise been.
Pigott/ Practical and flexible.
Horow/ I am looking forward to the implementation of this within
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Fl12195
#6j page 2
the city jurisdiction. It is a far reaching ordinance and I
think it deserves attention. It deserves implementation. It
deserves enforcement. I think we will have to bite the bullet
in terms of the number of staff that will be required to
enforce this because without enforcement we are not really
going to give it a fair shake.
Pigott/ I agree, Sue. I think the enforcement provisions-I mean
considering adding additional staff is important and I would
be supportive of doing that whatever it takes as necessary to
fully enforce this ordinance.
Horow/ Because I think along with that will go a heck of an awful
lot of education.
Pigott/ We need both.
Horow/ Okay, any further discussion?
Nov/ I have a question on the p.h. to change grading ordinances and
some other things that we have scheduled. Do we have to vote
on those ordinances the same day as the p.h. because we are
going to have final reading on this one that day?
Franklin/ No.
Kubby/ We will not be enforcing the older ordinance as soon as this
one is officially legal.
Franklin/ We may ask you to expedite those other ones. I mean, as
a practical matter, I don't think we are going to run into
problems. The River Corridor Overlay, in terms of the
frequency in which we use it; the Weed Control this time of
year, nay; the Grading would be about the only one and usually
the process for a project is long enough that you will have
that passed by that time. I am not too concerned about it but
we may ask you to expedite it.
Nov/
I am not too concerned but I would like to expedite and if the
council would agree I would say let's do first reading the
same day as the p.h. because I don't think we are going to get
any strong objections.
Pigott/ I have no objections.
Horow/ I don't either.
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Franklin/ Okay, we will put it on the agenda that way then.
Horow/ Okay. All right, any further discussion? Roll call-
All right, second consideration is adopted or passed.
(yes).
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#6k page 1
ITEM NO. 6k.
Consider a resolution for final plat approval of
Kennedy's Waterfront Addition, Part Three, a 31.23
acre, 11-1ot commercial subdivision located south
of Highway 1 between Gilbert Street and the Iowa
River. (SUB95-0026)
Woito/ Yes and we have also gotten dedicated r.o.w. for Southgate
Extension as well as two easements for waste water treatment
project also which is why it took us so long.
Horow/ Moved by Pigott, seconded by Lehman to adopt the resolution.
Any discussion. Roll call- (yes). The resolution is adopted,
6-0, Throg not here, momentarily out of the room.
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Fl12195
Agenda
Iowa City City Council
Regular Council Meeting
November 21, 1995
Page 10
ITEM NO. 7 -
Consider a resolution for approval of the preliminary plat of W.B.
Development, a 40.30 acre, 8-1or commercial subdivision located
southwest of the Highway 1/218 interchange.
Comment: At its November 2 meeting, by a vote of 5-0, the Planning
and Zoning Commission recommended approval of W.B. Development
subject to approval of a grading plan prior to City Council consideration
of the plat. The Commission's recommendation is consistent with the
staff recommendation contained in November 2 staff report. The grading
plan has been approved.
PUBLIC HEARING ON A RESOLUTION ADOPTING THE NEAR SOUTHS~
DESIGN PLAN
Comment: Earlier this year, the City Council hired the consultant Gould
Evans Associates to prepare a design plan for the Near Southside Neighbor-
hood. The City Council formed the Near Southside Design Plan Advisory
Committee to assist the consultant with preparing the design plan. The
public hearing provides the public the opportunity to comment on the design
plan prior to the Council's consideration of the plan.
Action:
ITEM NO. 8 -
PUBLIC HEARING ON THE CONVEYANCE OF 1926 AND 1946 BROADWAY,
ALSO DESCRIBED AS LOT 2 OF BLOCK 2 OF BRAVERMAN CENTER, IOWA
CITY, IOWA, TO HAWKEYE AREA COMMUNITY ACTION PROGRAM
(HACAP).
Comment: The Iowa City Housing Authority has considered and passed
Resolution #95-272 approving the disposition and plan to sell 1926 and
1 946 Broadway, also described as Lot 2 of Block 2 of Braverman Center,
Iowa City, Iowa, to Hawkeye Area Community Action Program (HACAP) for
the purpose of establishing 18 transitional housing units.
Action: ~'~
#61 page 1
ITEM NO. $1.
Consider a resolution for approval of the
preliminary plat of W.B. Development, a 40.30 acre,
8-lot commercial subdivision located southwest of
the Highway 1/218 interchange.
Horow/ Moved by Baker, seconded by Pigott. Any discussion? Roll
call- (yes). Resolution is adopted, absent Throg.
Kubby/ Before we go on to #7, Ed Cole is in the audience and this
a quick thing to him that we talked about the subdivision last
night a little bit and we haven't gotten anything from staff.
We just got it tonight.
Horow/ Thank you.
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Fl12195
#7 page 1
IT~( NO. 7 - PUBLIC HEARING ON A RESOLUTION ADOPTING THE NEAR
SOUTHSIDE DESIGN PLAN
Horow/ Declare the p.h. open. I asked that you sign your name,
state your name and keep it to five minutes. But I think first
we are having a review of what we are going on here.
Glen LeRoy/ It is going to take me about a minute to set up here.
If you all would like to stand up and stretch.
Horow/ I declare a break for council right now.
Glen
LeRoy/ Thank you very much for allowing me to be here again
tonight. Just for the record, my name is Glen LeRoy and I am
with Gould Evans Associates, the consultant on the Near South
Side Plan. And I am here tonight to present, as part of the
p.h., the formal p.h. Before I begin, this is my last time in
on this project so I would like to thank the staff for all of
their care and support. I would like to thank the advisory
committee for their participation and consideration of all of
the ideas and also I would like to thank all of you, the city
council, for your hospitality and the interest you have shown
in my several times here and it has been a very gratifying
process for me. Just one other point and I am going to keep my
remarks to ten minutes or less given the nature of the hour.
If you need me to speed up, please just give me the high sign.
Okay, I am going. I am going. This is plan is conceptual in
nature. There is a lot of details that probably need to be
worked on, need to be discussed in the community. But those
are left for detail plans and so this plan represents a broad
framework for the future of the Near South Side. Tonight I am
going to briefly review the process and the context, really
concentrate more on the ideas. Perhaps I didn't review this
last night and you didn't see some of the new color drawings
and things of that nature that represent some of the changes.
So I will spend most of my time on that. First of all, where
we are on the process. We are on public presentation and the
report. As you see items #5 & 6, we really are winding down
and just a quick review of some of the existing conditions of
the Design Plan responded to. Of course the nature of d.t. and
the streetscape, including all the details of the streetscape.
The nature of Burlington and we talked about Burlington being
the divider rather than a uniter right now. And also the
nature of the buildings as they hit the ground. It is sort of,
it is not sort of, it is abrupt along Burlington. The nature
of the governmental center that is quite often viewed through
a sea of cars. And but you can see in the foreground here nice
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page 2
brick paving in front of some aspects of the governmental
center, Something that we wanted to build on. Ralston Creek as
a great opportunity yet unrealized. And Harrison Hill Park. It
is nice to have the green space but it would be nice if it
were a little bit further developed. Historic resources that
exist in the area. Historic buildings like the Rock Island RR
terminal and of course these buildings that we pointed to many
times, the retails buildings near by. We talked last time and
again I am bringing this up simply because we have a little
further elaboration on it. The three generations of the kinds
of apartment houses. The real abrupt one, the less abrupt one,
and then leaving to what we are going to show again tonight.
The University as it interfaces with d.t. The University as
it interfaces with the Near South Side and this is sort of the
back end of the University and it is something that we think
does need to be addressed. We haven't really talked about this
in any great detail but let me take about a minute to review
some of the market conditions that exist in the Near South
Side. #1 Proximity to commercial. That is a great asset to the
Near South Side to be near d.t. Institutional land
consumption. This is both an asset and a liability.
Institutions consume a lot of land but also it is important to
have the institutions there. These institutions create
destinations on which you can build market considerations. We
do recognize in this day and age we are talking about
incremental redevelopment of the Near South Side. No longer do
we have massive programs like Urban Renewal where you can just
go wipe out areas. It is going to be one project at a time.
That may be for the best sometimes. Residential population
which is another important aspect. It is a 24 hour a day
community. Clustered parking and the pedestrianization that
arrives from that is a very important concept for the Near
South Side as it approaches its future. Because it is an
employment center you can base retail off of that. Because it
is an employment center you can base housing off of that and
we think that these are important considerations. The concept
ought to be residential then commercial that follows that
reinforces that residential and that we believe that the
concept ought to be clustered commercial rather than
commercial spread throughout because if you don't cluster it,
you don't have a critical mass of commercial that makes a lot
of sense in the market place as it exists. It is a little bit
faster than I wanted to go. Alternatives: We looked at a
number of alternatives from status quo which says that the
Near South Side which is on the right side is a series of
districts visa vis d.t. which is a pretty cohesive thing.
This is a series of disconnected districts. We looked at
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another concept with the steering committee that said the Near
South Side ought to have its own identity that is separate
from d.t. and Burlington continues as kind of barrier between
the two and this is really the one that the Advisory Committee
recommended to us where part of d.t. extends itself into the
Near South Side and you have some district character as well.
So that is what we followed. We looked at a number of
different kinds of standards for streetscape,lighting, etc.
and ultimately the way that the final concept arrived itself
is we took a little bit from Column A, Column B, and Column C
and patched together a solution. So we present to you tonight
this Design Plan for the Near South Side. We showed you this
last time and it is a very important concept, the green link
of this concept. Burlington, Clinton and Harrison being part
of this green linkage and it is the framework and skeleton in
which you build the future of the Near South Side. This has
some revisions from last time but mainly in the governmental
center and Clinton Street is now an open street all the way
through. A few little other minor deviations. I really want to
concentrate on the five centers again. The governmental center
being Clinton Street as you can see now goes all the way
through. There is a median down the middle. We have used the
brick paving throughout the governmental center to enhance and
encompass the area and make a district out of it, a unified
district. You can see the federal building, the county court
house and the board of education existing on three corners or
three quadrants of that. A proposed potential parking ramp in
that L-shape in the southwestern quadrant with a proposed
civic park, a major new green space in that quadrant as well.
This is the nature now of the brick paving. You can see the
federal building in the background, that median strip and this
is the exact center of that governmental center with brick
paving, crosswalks, and a kind of paved feature in the center
that helps to define that. Its less elaborate than what we
showed before with the closing of Clinton but we feel that
this would be a great enhancement to the area to carry through
that paving. This is the proposed area or park near the
parking deck, parking ramp. It is showing it in a winter
configuration for ice skating and we think that this could be
a major major attraction in Iowa City, certainly for the Near
South Side and because it is near the parking deck of course
you would have ample parking for those kinds of activities and
events. We think it could be a great community asset and
create a central place in the Near South Side. The d.t
extension district. This is the area nearest Burlington and
you can see Burlington up at the top of the picture. The
parking ramps bordering on Burlington in the d.t. You can see
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Fl12195
#7
page 4
in the center of the shot Hieronymous Square. Right iD the
middle is Clinton Street. I want you to just pay a little bit
of attention to that paving along Clinton near Heironymours
Square. That is part of the green links concept and enhance
streetscape on that particular area. This is the streetscape
as it shows on Burlington. It makes a little difference. This
is the streetscape as it shows on Burlington and these are a
few components on that. Special lighting, banners, lighting
for automobiles as you can see up at the top. Lighting for
pedestrians at the bottom and use of colorful banners and what
not to help enhance the area, to unify the area. The median is
proposed. It is about a 12 foot wide median, that is counting
the curbs with appropriately placed trees that are choosing
species that are resistant to automobile carbon monoxide and
what not, the automobile waste. And then you can see the
streetscape trying to soften that streetscape as the buildings
hit the sidewalk and you remember that photo that I showed you
earlier where it is a pretty stark streetscape now. And then
when you turn the corner along Clinton, the enhanced
streetscape as part of the green linkages concept. The
introduction of a very vital and vivid kind of streetscape so
that that pedestrian connection between d.t., the Near South
Side, the governmental center is maintained. To the south of
Ralston, Ralston Creek mixed use concept. The enhancement of
Ralston Creek at least for that couple of blocks there as a
major water way asset and that leads to Harrison Street as the
east west connection along that green links concept. I want to
also put into this concept part of the housing, residential
housing, concept. As you can see here in the proposed
residential diagram there. Just to let you know that the
residences are not only in the district but also the next
district that we are going to show as well. We talked last
time about a new third generation of concept as buildings,
again, touch the ground. We think that it is really important
to find the pedestrian way and not just let the buildings hit
the ground and then it is kind of a no mans land, if you will,
between the sidewalk and the building. That there ought to be
something that is important to the pedestrians there. It could
be small courtyards or features like that and they don't have
to be large. They could be as small as seven feet or so which
appears to be about the setback of those buildings now, 7-8
feet. So we think that it is important to talk about a new
kind of pedestrian streetscape in the Near South Side. You can
see the buildings as they continue to break down in scale like
that second generation building that we talked about on the
lighting fixtures as well. And here you can see that idea
about doing something along the sidewalk. The next area is
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#7 page 5
Rock Island Square and you can see the Rock Island terminal
right at the bottom and the commercial cluster right around
the corner. This area also has some residential areas. This is
a sketch that you have seen before that enhances the
streetscape, tries to market into it shops that are special.
The idea here is clustered shops, not scattering shops all
over the place but creating a cluster. Finally the University
of Iowa District and this is relatively undeveloped right now
because the University of Iowa has not yet decided what they
want to do with this area. All we are saying is a policy here
so that the city should continue to work with the University
of Iowa to assure that when they go through and build whatever
buildings that they are going to ultimately construct there
that you maintain to whatever extent you can the Harrison
connection and that green linkage so that ultimately the Near
South Side can have a visual connection to the river.
Otherwise, if the University puts up a barrier there, the
river will be blocked from the Near South Side. We think the
river is an important asset. So, that is the Near South Side
Design Plan in about ten minutes. Remember the key concept is
this. That the Near South Side has to act as a unit onto
itself but it also has to recognize the uniqueness of the
different enclaves within the area and that is really the
basis of the plan. I would be happy to respond to any
questions before you get public comment.
Horow/ The concept certainly of the various districts has put a
different way of looking at the whole area. I really
appreciate that. The people who worked on the Advisory
Committee with you bought into these districts. They felt that
this was the best way to develop the whole area. Give it own
unique character.
LeRoy/ This is, you know, it was probably in our second meeting
that this whole-the alternatives were looked at and this is
basically the concept that they bought into then. It is clear
that ws you get closer to the details they start questioning
some things. So they may or may not like certain aspects of
it. But they bought into the idea that each one of those
districts should be unique but that the Near South Side ought
to have kind of an encompassing feeling as well. I think that
was clearly the consensus of what they related to.
Horow/ Any questions? Thank you very much.
LeRoy/ Thank you.
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Fl12195
#7 page 6
Horow/ We appreciated that. Anyone care to address council on this
issue. Okay. I declare the p.h. closed.
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Agenda
Iowa City City Council
Regular Council Meeting
November 21, 1995
Page 11
ITEM NO. 9 -
CONSIDER A RESOLUTION AUTHORIZING CONVEYANCE OF 1926 AND
1946 BROADWAY, ALSO DESCRIBED AS LOT 2 OF BLOCK 2 OF BRAVER-
MAN CENTER, IOWA CITY, IOWA, TO HAWKEYE AREA COMMUNITY
ACTION PROGRAM (HACAP) BY INSTALLMENT CONTRACT.
Comment: See item and comment above. After the public hearing and due
Council consideration, this resolution authorizes conveyance of the subject
property to Hawkeye Area Community Action Program (HACAP) by
installment contract. The,sale price is $750,000.00, to be paid over a ten
(1 O) year period at seven per cent (7%) interest, with a balloon payment at
the end of the contract period.
Action:
ITEM NO. 10. - ANNOUNCEMENT OF VACANCIES.
a. Current vacancies.
(1)
Historic Preservation Commission - One vacancv for a representa-
tive of the Moffitt Cottage Historic District for a three-year term
ending March 29, 1999. (This is a new position) (4 females and
3 males currently serving on this commission.)
(2)
Parks and Recreation Commission - One vacancy for an unex-
pired term ending January 1, 1999. (Council Member-elect
Vanderhoef's position.) (3 females and 5 males currently serving
on this commission.)
These appointments will be made at the January 16, 1996, meeting of
the City Council,
ITEM NO. 11 - CITY COUNCIL APPOINTMENTS.
Consider an appointment to the Senior Center Commission to fill one
vacancy for a three-year term ending December 31, 1998, (This is a
readvertisement of an untilled vacancy.) (5 females and 3 males
currently serving on Commission,)
_
#9 page 1
ITF~M NO. 9
CONSIDER A RESOLUTION AUTHORIZING CONVEYANCE OF
1926 ~ 1946 BROADWAY, ALSO D]~SCRIBED AS LOT Z OF
BLOCK 2 OF BRAVERMAN CENTER, IOWA CITY, IOWA, TO
~AWKEYE AREA COMMUNITY ACTION PROGRAM (HACAP) BY
INSTALLMENT CONTRACT.
Horow/ Moved by Pigott, seconded by Nov. Any discussion?
Nov/ I would like to ask if this council would concur on having the
City Manager ask the people in Hawkeye Community Project if
they would be willing to contribute to the city for fire
protection. They are not probably required to contribute in
terms of property tax. But we have asked other non-profit
organizations to contribute voluntarily and I think it would
be appropriate to ask on this one also.
Kubby/ Although to be clear, it has been other non-profits who have
chosen to pay. I don't think we have asked them. I think it is
wonderful that they did that and that we may want to ask HACAP
to do that. But-
Nov/ No, we have asked. We have. That they happen to volunteer
until that were asked.
Horow/ This issue came up last night and I think we wanted to know
what the cost of this would be. Mr. Atkins, do you want to
address this?
Atkins/ The payment in lieu of taxes under the was $13,800
a year which was, in my judgement, a deal breaker after
talking with HACAP.
Nov/ I am not asking for any that big.
Horow/ Council, what is your pleasure?
Arkins/ I am happy to talk to them about it. They are anxious about
this project, too. Anxious in the sense of getting it going.
Throg/ What did you have in mind, Naomi?
Nov/ Well, I would have been happy with a tenth of this. I would
have been happy with $1400 instead of $14,000.
Throg/ Doesn't sound like a deal breaker to me. Maybe Steve could-
Arkins/ I will talk to them.
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Fl12195
#9 page 2
Nov/
I really was saying there should be some contribution and I
wasn't thinking about a particular number. However when I saw
this number I said this is really just too much.
Horow/ Okay, so an indication of their responsibility in an
agreement. Mr. Atkins, you have got at least four people on
council that would like this.
Atkins/ I will talk to them.
Horow/ Any other discussion of this? Any other discussion? Roll
call- Resolution is adopted, 6-1, abstention by Kubby.
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Fl12195
Agenda
Iowa City City Council
Regular Council Meeting
November 21, 1995
Page 1 2
ITEM NO. 12 - Cll Y COUNCIL INFORMATION.
ITEM NO. 13 - REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY.
City Manager.
b. City Attorney.
ITEM NO. 14 -
_ _q.5 _55
CONSIDER A RESOLUTION AUTHORIZING THE EXECUTION OF AN
EASEMENT AGREEMENT FOR TEIVIPORARY USE OF PUBLIC RIGHT-OF-WAY
BETWEEN THE CITY OF IOWA CITY AND DAVID BRAVERMAN TRUST, AS
CONTRACT VENDOR, DARYL WOODSON, D/B/A THE SANCTUARY
RESTAURANT AND PUB.
Comment: This resolution authorizes the temporary placement of a dumpster
within the public right-of-way of Maiden Lane.
Action: ~//~/~~ /~ ~
#12 page 1
ITEM NOo 12 - CITY COUNCIL INFORMATION.
Horow/ City Council Information.
Baker/ Hey, actually I have got some stuff here. Two very quick
questions. 1-I got a couple of phone calls and more often my
neighbors asking if the city was going to do an additional
leaf pick up day.
Atkins/ Yes.
Baker/ We are going to do a complete-the whole city?
Atkins/ The crews are going to be working Friday and Saturday of
this week and most of next week. We are going to try to get
one more pass.
Baker/ Great.
Nov/ And they were working today.
Baker/ I have raised this on previous council meeting. We talked
about it and but I got a conflicting story from the Police
Department when I called this weekend about door to door
solicitation. I thought it was illegal and I was told by the
Police Department it is legal.
Arkins/ It is legal.
Woito/ It is legal.
Baker/ So people can go to the door and sell anything they want to?
Arkins/ Yes.
Kubby/ Like grapefruit.
Baker/ I am always leery when people pull out knives to sell their
products. Okay, so it is. Thank you.
Pigott/ Madam Mayor, I wanted to talk about d.t. tonight. It is
sort of propitious that the Near South Side Plan came before
us tonight because, you know, there has been great concern in
both the election and in the process of just talking about
listening to the proposed malls in Coralville and many people
are concerned both in the business community and residence in
the area about how that might affect our d.t., both in terms
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Fl12195
#12 page 2
of its vitality and in terms of its business climate and you
know, the malls are part of it. We have also been working on
the Near South Side Plan. We have got a d.t. Plaza committee.
We have considered and talked about improvements on Iowa
Avenue. All of these things are good in response to the
concerns. but the one thing that seems to hit me is that there
seems to be an absence of strategic vision overall on how we
react to the changes going on in terms of the malls in
Coralville and in terms of the fact that things are just
changing. How do we deal with those things. And I would like
this council, before I leave, to consider in a work session
setting up a committee of individuals to talk about that and
not just plaza improvements but the whole thing. You know,
talk-And I know that our city staff has worked hard on this
issue in the past. I talked with Karin Franklin and Steve
Atkins to some degree about the need for this sort of
strategic vision in the future, you know, as well as today and
I think it would be important to set up a committee of people
who would look at what we can do. what several things can we
do to enhance our d.t. to react and not just react to what is
going on in Coralville but to plot out a positive vision of
how we develop out d.t. area and maintain its vitality as well
as ensure that local businesses thrive in our d.t. area. And
I would like to suggest that maybe we talk about it in an
informal work session where we could really hash it out
instead of doing it right now° And if it would be agreeable to
do it, once we talked about it, I would be interested in
serving in some respect upon such a committee.
Horow/ Thank you. Let me try to figure out how to deal with that.
It just might be something that we will have to pass onto the
next council to tackle on the first of the year. We have run
out of time but I don't think it is impossible. Let me take a
look and see what we can do. Anything else?
Pigott/ No, that was it.
Throg/ Well, I guess I wanted to mention I had the pleasure of
going to the DTA's annual event, Friday, wasn't it Ernie? It
was a kick. I enjoyed that quite a bit. Also I went to a
meeting of the City Federation of Labor in which the Contract
With America was discussed, it's affect on working people and
that was a fascinating and rather worrisome discussion. Also
went to PATV's annual event and I won a pitching wedge. Dean,
do you play golf? You do, don't you. I used to play all of the
time. What to do with a pitching wedge because I don't play
anymore and I got a whole set of clubs and they just sit there
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Fl12195
#12 page 3
in the corner of my house. So I gave the wedge away and that
was kind of a kick. I felt good about doing that. It was a
great ceremony anyhow. And the Annual City Employees Luncheon.
That was a great kick. I really enjoyed that. Maybe because
the food looked so good every time it went by.
Kubby/ Could you explain what that event was?
Throg/ Well, let's see, what that even was, as I remember rightly.
The department heads served food to all of the employees of
the city, at least most of the employees of the city. I don't
know what you were doing, Steve. You were-
Atkins/ Garbage, I was in garbage.
Throg/ Garbage, that's right, the garbage can. Were you recycling
that stuff or what?
Atkins/ I was chastised for mistakes I made in recycling but I did
my best.
Horow/ How many employees did we serve?
Atkins/ 300.
Kubby/ It is a way of saying thank you for all the work that- We
create policy decision, Steve is in charge of making sure they
make them happen.
Throg/ It was hard not to be impressed with the city councilors
ability to serve employees well. Naomi did a great job of
taking the coffee out there.
Nov/ Yeah, well, you did okay too. Jim was tea and I was coffee.
Horow/ It was a lot of fun. It really really was. I enjoyed talking
with the leaf collection people, spurring them on, trying to
get them to work another week. Maybe I laid a guilt trip on
them, Steve, I don't know.
Baker/ I was in charge of the desserts and eating the desserts.
Horow/ Yes he was. I watched.
Throg/ You kind of rode in on a horse.
Horow/ Larry eats his dessert within the meal eating process. In
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Fl12195
#12 page 4
the middle.
Baker/ My responsibility was to make sure there was no chocolate
cake left on that table.
Throg/ And there wasn't any.
Horow/ Do you have anything else, Mr. Throg?
Nov/
To follow up on Jim's comments, I thought that that luncheon
for the employees was truly fun. I think everybody had a great
time. Every employee that I stopped to talk to was happy to be
talked to. Was happy to listen. Was happy to converse and I
even came back with a suggestion. So, Mr. Atkins, we need to
revise our bus schedules. I spoke to several bus drivers who
said we are dealing with chair lifts and we are dealing with
a city that doesn't have services as far out as it should and
we should consider changing the routes and extending the
schedule and maybe we will not get the 30 minute turn around.
Maybe it will be 45 but we could do better is what they were
saying to me and so I am conveying the message.
Atkins/ Consider it done.
Kubby/ Nothing.
Lehman/ Naomi, I talked to Joe Fowler, oh, I think last week one
day and I think that we will be receiving word from Joe
regarding bus schedules and some recommendations. That will
be-
Arkins/ It will be incorporated in the budget.
Nov/ It should be in the budget. That is why I am saying to think
about it now.
Kubby/ It is exciting because some of the challenges of the bus
system are that ridership is up and people are using the lifts
and that is creating a challenge for us and that we are not on
time at the same rate as we usually have been. But it is
because people are using the system. So we need to accommodate
the increase use of the system and a different use of the
system. It is a good thing.
Nov/ And since we have people depend on the schedule maybe the
thing to do is to revise the schedule.
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#12 page 5
Horow/ Talking about the traditions and the rituals and fun
ceremonies, some of us attended the Chamber of Commerce
Business Awards in the middle of last week which our
community's businesses were recognized for it and the
challenges that they met and many time exceeded. That was a
lot of fun. I represented council last Wednesday outside and
kickoff of Salvation Army's Kettle Kickoff. We had a
proclamation, Coralville was there and we celebrated. This is
the time for year they have $100,000 drive to assist everyone
who needs assistance through the Salvation Army and I urge
everyone to take advantage of this. If you have not been down
to HyVee South, there is a bell ringer par excellence. I mean
this fellow has got it down. He is shaking constantly. I never
seem-
Nov/ It is a lot of noise.
Horow/ I have never seen such a shaker. I mean he is truly
talented. It takes talent. There is also-I just want to- You
have, at my request, put me on the Sesquicentennial Committee
and I am here to tell you this town is going to have a lot of
fun on December 28th. If you are going to be in the city, mark
it on your calendar. From 10:00 AM until probably 9:00 PM
there are functions. This is the Sesquicentennial State
Kickoff in Old Capitol from 10:00 until about 4:00 there will
be the state legislators will be in Iowa City along with three
governors, current Governor Branstad, Governor Ray and
Governor Erby who will be in costume as will be our
legislators be. The female legislators will be dressed as
males and they will be teenacting the Legislature in its
original session. There will be free activities over at IMU in
the ballroom. The Eulenspegiel Puppet Company, the Latin
American Dance Club, Dianne Wortman will be story telling,
Dave Panther a clown, Dave Moore-folk singing, and at 4:00
free Sesquicentennial birthday cake and if you can believe
this, on December 28th at 5:00 they will be fire works in Iowa
City. This city is going to be hopping, it really is.
Kubby/ We should ring the bell that day, too.
Horow/ There will be a lot of free time for any of the people. Each
of the 99 counties will be sending their Sesquicentennial
Commission members. Buses, cars, everything. The buses will be
obviously placed out in the outlots and commuting with Cambus.
But the d.t. stands to certainly be visited by both the
restaurants and the stores on the 28th of December. We are
having signs out on the highway addressing the fact that this
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F112195
#12 page 6
is the Sesquicentennial city and there will also be banners.
Coralville and Iowa City are cooperating and putting banners
in many sections of the cities that we can. We are using the
state logo with out own little twist of Come Celebrate With Us
in Johnson County. And these banners will be used this day but
also then throughout the rest of the year. We are moving into
the Sesquicentennial here and a lot of activities are planned,
in the planning stages, but December 28th is truly a day to
get ready for and if you don't know what else to do with the
kids, this is a perfect day. Plus the museums, the Natural
History Museu~ will be open as well. That is it.
Nov/ Since I went to a CVB Board meeting this afternoon I am going
to be a hostess on the 28th.
Horow/ Oh brother, thanks.
CHANGE TAPE TO REEL 95-135 SIDE 2
Nov/ I am not going to do anything fancy. I am just going to say
welcome.
Horow/ I am waiting to see Mary Mascher in that outfit.
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Fl12195
#13a page
IT~.[ NO. l~a - REPORT ON
ATTORNEY.
a. City Manager.
ITEMS FROM THE CITY MANAGER AND CITY
Atkins/ One item. This afternoon we had a bid opening on the first
major part of our waste water and our interceptor project,
that is the connecting pipe in the north and south plants. We
have not confirmed the numbers but the engineer's estimate was
$18.2 million for the project. The low bid was $12.8 million.
So, it was extremely good news. We will know more and
obviously have this thing before you by next council meeting.
But it looks real good.
Horow/ This is very frustrating because I wonder what we have
gotten if we had gone both with the sewer and the water. We
would have been able to really go out for big bucks on this if
we would have combined those two as we originally-
Kubby/ And no way have all the labor be local.
Horow/ But that is very very frustrating. The amount of money that
we are saving on this could be even more if we were doing both
projects. I had to say it.
Kubby/ There are trade offs with every decision.
Horow/ Trade off? Whoa, that is a 4 buck trade off. Anything
b_g
else?
Atkins/ No.
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Fl12195
#13b page 1
ITF~ NO. 13b - REPORT ON
ATTORNEY.
b. City Attorney.
ITEMS FROM THE CITY MANAGER AND CITY
Woito/ I, unfortunately, missed your big party last Friday. Anne
stood in for the employee dinner and she bussed things.
Atkins/ She did garbage with me.
woito/ She did garbage with Steve. I want to thank you Anne for
standing in for me and I- The Iowa Municipal Attorney's
Association had long ago set their seminar for that day and it
is very important. They get together with the top city
attorneys in this state and there were over 100 of us there
and it was very very helpful. I came back with a very large
pack of information and ran by a number of attorneys that I
highly respect a lot of the questions that we have been
dealing with.
Horow/ Do you have a way of disseminating that throughout the
various departments here in local government? Some of the
issues- Not the whole pack but I mean some of the highlighted-
Woito/ Each of the individual attorneys who have their various
assigned duties and departments are responsible for that. I
mean, anybody can come down and read it.
Horow/ But we will ultimately be getting the updating up what is
going on?
Woito/ You get the benefit of the information, yes.
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Fl12195
#14 page
ITEM NO. 14 -
CONSIDER A RESOLUTION AUTHORIZING THE EXECUTION OF
AN EASEMENT AGREEMENT FOR TEMPOBARY USE OF PUBLIC
RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND
DAVID BRAVERMAN TRUSTt AS CONTRACT VENDOR, Di%RYL
WOODSON, D/B/A THE SANCTUARY RESTAURANT AND PUB.
Horow/ Moved by Kubby, secondedby Pigott. Discussion. This was an
interesting memo. Really we are trying this to see whether or
not, given the improvements that we made on Maiden Lane, how
we can keep that business still vital by collecting its
garbage. It is a problem. Any questions? Any other discussion.
Roll call- (yes). The resolution passes.
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Fl12195
Agenda
Iowa City City Council
Regular Council Meeting
November 21, 1995
Page 13
ITEM NO. 15-
ITEM NO. 16 -
ITEM NO. 17 -
CONSIDER A RESOLUTION AUTHORIZING THE CITY STAFF TO NEGOTIATE
AND THE MAYOR TO SIGN BOTH PERMANENT AND TEMPORARY
CONSTRUCTION EASEMENTS IN CONNECTION WITH THE LONGFELLOW
AREA SANITARY AND STORM SEWER PROJECT.
Comment: The City of Iowa City had to acquire both permanent and
temporary construction easements to facilitate the Longfellow Area Sanitary
and Storm Sewer Project. This resolution authorizes the City staff to
complete negotiations and the Mayor to sign documents essential for the
construction.
Action=
CONSIDER A RESOLUTION AUTHORIZING CITY STAFF TO NEGOTIATE AND
THE MAYOR TO SIGN PERMANENT AND TEMPORARY CONSTRUCTION
EASEMENTS IN CONNECTION WITH THE HIGHLANDER AREA SANITARY
SEWER, LIFT STATION, AND FORCE MAIN PROJECT.
Comment: The City of Iowa City must acquire permanent and temporary
construction easements to facilitate the Highlander Area Sanitary Sewer, Lift
Station, and Force Main Project. This resolution authorizes City staff to
negotiate and the Mayor to sign these documents, including authorization of
condemnation if necessary. Every effort will be made to negotiate accept-
able agreements without resorting to condemnation. Prior to proceeding with
condemnation, staff will notify Council.
CONSIDER A RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE
SANITATION DIVISION OF THE PUBLIC WORKS DEPARTMENT.
Comment: Weekly pick up of recycled waste will begin March 1, 1996.
This Maintenance Worker [I position will allow the Sanitation Division to
establish four daily routes for recycled waste pick up which will coincide with
weekly refuse pick'up. After March 1, 1996, ten work crews will be
involved in the City's residential collection program; four refuse, four
recycling, and 2 yard waste crews. Currently, + 25% of the users of the
City's solid waste collection services participate in curbside recycling.
Action, ~/~'/~,~
#15 page
'rTP.,I¢ NO, 15 .-
CONSIDER A RESOLUTION AUTHORIZI~IG THE CITY STAFF TO
NEGOTIATE lIND THE MAYOR TO SIGN BOTE PE~NT ~
TEMPORARY CONSTRUCTION E1M]EMENTS IN CONNECTION WITH
THE LONGFELLOW i~EA SANITARY AND STORM SEWER
PROJECT.
Horow/ Moved by Pigott, seconded by Nov. Any discussion?
Kubby/ This is a second project that in doing the project that
happened this fall, we found some deterioration that we
weren't expecting. This is the second project.
Atkins/ It is my understanding, yes, that is how it works. Right.
I can get Rick, he is in his office, to give you some
specifics. But that is how I understand it works. Okay.
Horow/ Roll call- (yes).
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Fl12195
Agenda
Iowa City City Council
Regular Council Meeting
November 21, 1995
Page 14
ITEM NO. 18-
ITEM NO. 19 -
ITEM NO. 20 -
CONSIDER RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT
TO ACQUIRE PROPERTY RIGHTS FOR THE SOUTH RIVER CORRI-
DORNVASTEWATER TREATMENT CONNECTION PROJECT, IN LIEU OF
CONDEMNATION.
Comment: City staff has been negotiating with Kroezes for nearly two
years, and hopes to have a settlement agreement for approval of the City
Council. The matter will be presented to the City Council in executive
session on Monday, November 20, 1995 at 6:30 p.m. Depending on
Council's action, this resolution may be approved as deemed appropriate by
the City Council.
CONSIDER A RESOLUTION AUTHORIZING JOINT AGREEMENT BETWEEN
THE IOWA CITY LIBRARY BOARD OF TRUSTEES AND THE CITY COUNCIL
OF THE CITY OF IOWA CITYTO COORDINATE NEGOTIATING PROCEDURES
FOR PURPOSES OF COLLECTIVE BARGAINING.
C~mment: This agreement allows for the City's negotiating team to
represent both the Library Board of Trustees and the City Council in
negotiations with AFSCME representatives for the FY97 collective bargaining
agreement. That agreement will cover both the library employee's bargaining
unit as well as that of the City's general employees. This is the practice
which has been followed since 1975. The Library Board approved this
agreement at its meeting on November 16, 1995.
CONSIDER AN ORDINANCE AMENDING TITLE II1 "CITY FINANCES,
TAXATION AND FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES,
CHARGES, BONDS, FINES AND PENALTIES" OF THE CITY CODE, TO
ESTABLISH A CHARGE FOR BUS 'N SHOP COUPONS. (SECOND CONSIDER-
ATION)
Comment: This action is being taken to establish a reduced charge for Bus
'n Shop. This action is being taken to encourage additional merchants to
participate in the program, thus promoting the use of transit in Iowa City.
This is a one-year trial program to allow time to evaluate participation in the
program and transit ridership.
*ct,on:
#18 page
ITEM NO.
CONSIDER RESOLUTION AUTHORI2ING EXECUTION OF AN
AGREEMENT TO ACQUIRE PROPERTY RIGHTS FOR THE SOUTH
RIVER CORRIDOR/WASTEWATER TREATMENT CONNECTION
PROJECT~ IN LIEU OF CONDEMNATION.
by Pigott to defer this for two
there was a time constraint here?
Horow/ We received a memo from-
Nov/ We have to defer this.
Pigott/ We are deferring this.
Horow/ Moved by Nov, seconded
weeks. Any discussion?
Baker/ Steve, I thought
Atkins/ There is.
Woito/ There is but we have made it.
Atkins/ I think Linda can speak to it better. We are prepared to-
Kubby/ We can still go forward with what we need to do?
Woito/ Yes. We are okay. Everything is cool. All right.
Horow/ Any further discussion?
Woito/ I did include in the memo that you could defer it to the
next formal meeting.
Horow/ The 7th actually.
Woito/ However, tomorrow will be Wednesday. I will talk to Bill
Meardon. He will probably be in working Friday but I will not.
I will be in St. Paul. So- And you will be meeting Monday. You
could defer it to Monday, November 27th.
Horow/ We have a 27th and 28th actually.
Woito/ Maybe the 28th.
Atkins/ Linda, we did award the waste water project bid. Assuming
we can coincide with that we will be okay. As long as the
paper work is finished by the time we award the bid.
Kubby/ Is the 5th more realistic than the 27th or 28th?
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Fl12195
#18 page 2
Woito/ The 5th I think would make it more realistic and it is not
going to create problems in terms of the project. Thanks for
asking, Larry.
Horow/ Okay, let's just push that as fast as we can get it. Motion
on the floor to defer to two weeks, December 5th. Any further
discussion?
Atkins/ Just so you know why. We are going to build the sewer pipe
this way. Not just one direction.
Horow/ Right.
Atkins/ We are starting at both ends. They can do that.
Horow/ Roll call- All those in favor signify by saying aye (ayes).
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Fl12195
#19 page 1
ITEM NO o 19 -
Horow/ Moved
Pigott/ Yeah,
CONSIDER A RESOLUTION AUTHORIZING JOINT AGREEMENT
BETWEEN THE IOWA CITY LIBRARY BOARD OF TRUSTEES AND
THE CITY COUNCIL OF THE CITY OF IOWA CITY TO
COORDINATE NEGOTIATING PROCEDURES FOR PURPOSES OF
COLLECTIVE BARGAINING.
by Kubby, seconded by Nov. Any discussion?
what happened before 19757 What was the arrangement?
Helling/ There wasn't mandatory collective bargaining before
Kubby/ And when will our bargaining process begin?
Helling/ It has begun.
1975.
Kubby/ At one point I had sent an article to council about putting
the collective back in bargaining. We were going to set up an
informal meeting or possibly an executive session to be able
to talk about it. If there was any directional change so that
Dale could explain how the process is to see if we wanted to
direct him to do things differently. And that hasn't happened.
Horow/ Are there four people who wish to do this? Between now and-
Atkins/ Dale is suggesting it should be in closed session.
Kubby/ We have already agreed to do this.
Horow/ We did?
Throg/ Yeah.
Pigott/ ¥eah, we talked about it.
Kubby/ At an informal meeting I brought it up. The week that I put
the article in.
Nov/ Do you remember when it was do that I can try and find it?
Atkins/ It was from my professional journal, Public Management
magazine. We will get you another copy of it. We will
circulate it.
Kubby/ And to council members.
Nov/ I read that. That was this summer's.
I don't remember either
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Fl12195
#19 page 2
but I remember I read it.
Horow/ Well, we will work something out here.
Atkins/ Okay.
Horow/ I will talk with Marian about that one. I honestly do not
know when we are going to do this but we will certainly work
on it. Okay, there is a motion on the floor. Roll call- (yes).
The resolution is adopted.
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Fl12195
Agenda
Iowa City City Council
Regular Council Meeting
November 21, 1995
Page 15
ITEM NO. 21 -
ITEM NO. 22 -
ITEM NO. 23 -
CONSIDER AN ORDINANCE AMENDING TITLE XII, ENTITLED "FRAN-
CHISES," OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, TO
REPEAL CHAPTER 4 AND TO ADOPT A NEW CHAPTER 4 TO BE KNOWN
AS "CABLE TELEVISION FRANCHISE ENABLING ORDINANCE." (SECOND
CONSIDERATION)
Comment: The City and Cablevision VII, Inc., have reached tentative
agreement on the terms of a renewed Cable TV franchise. This enabling
ordinance is written to be consistent with the terms of the new franchise
agreement and should be adopted prior to approval of that agreement.
Council held a public hearing jointly with the Broadband Telecommunications
Commission on October 24, 1995, at which comments were received. On
October 30, 1995, the Commission met and voted 4-0 (Betty McKra¥
absent) to recommend adoption of this ordinance with certain minor
modifications. A resolution to approve the Franchise Agreement will be
included on Council's agenda of the same meeting at which final consider-
ation of this ordinance is scheduled.
CONSIDER AN ORDINANCE AMENDING CITY CODE TITLE 9, CHAPTER 1,
ENTITLED" MOTOR VEHICLES AND TRAFFIC," ARTICLE 7, ENTITLED "TOY
VEHICLES." (PASS AND ADOPT)
Comment: The present Citv Code prohibits skateboards, rollerblades and
other toy vehicles from the pedestrian mall and on "roadways." However, the
present definition of "roadway" does not include parking ramps and parking
Jots. The amended ordinance includes parking ramps and parking lots as
prohibited areas for toy vehicles.
Action:
ADJOURNMENT.
#22 page 1
ITEM NO. 22 -
CONSIDER AN ORDINANCE AMENDING CITY CODE TITLE 9,
CHAPTER 1, ENTITLED "MOTOR VEHICLES AND TRAFFIC,"
ARTICLE ?~ ENTITLED "TOY VEHICLES." (PASS AND
ADOPT)
Horow/ Moved by Baker, seconded by Nov. Discussion.
Kubby/ We have some people who have been waiting.
Horow/ Brad has already given his input. Brain, I am sorry. Is
there anyone else who wishes to address council on this issue?
Throg/ Of course we would be happy to let Brian speak again.
Horow/ After everybody else has spoken, right.
Kubby/ I appreciate Eric's family for sticking around, too. It is
not the most fun way to spend a visit but you know a lot about
city government.
Eric
Neubauer/ I don't really know where to start tonight. I didn't
know what to write or anything for that matter. I don't really
know what I'm going to say either to change your mind if
you've had it made up already. I mean, I see skateboarding as
a positive thing. I always have and I always will. I don't see
any harm in us being in the parking ramps after if there was
a certain time. We're not harming anything. I mean, us landing
on our skateboard or the ground is not going to hurt the
concrete any more than a car will driving on it. And as I
said, skateboarding is a positive thing. It's taught me a lot
on my personal convictions in life. It's gotten me here,
something I never thought I would do. I've learned more now
from all this that I'm sure in the future as I keep looking
back, I'll still see that I've learned much from this. Nine
times out of ten, if it's nice out and I'm able to skateboard,
I'll reach for that before a beer and 100% of the time I'll
reach for my skateboard before I do drugs or anything which
is, I hate to say this, but very rare in this city and
university. And so I just think it would be a shame if it
would be abolished and, I don't know, this is what I do. It's
what my friends do. Not all of us had the courage to speak up.
I just don't want you to think that by passing this it's just
a few people being affected. It's the whole skateboarding
community and many of the people who survive off the
skateboarding industry also. Thanks.
Throg/ Do you have any idea how many skateboarders there are in?
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#22 page 2
Neubauer/ I know last year when we were able to skateboard on the
University property where we skated in one spot, there's be
15-20 of us out daily, and that's not the same people every
day. And I continue to meet more and more every day. Each
freshman class brings in more and more. Every year there's a
new wave, like at least 20 people new that you'll meet as some
of us graduate off or transfer schools or whatever, but it's
a continuous cycle. It's not just a fad. This is something
that's growing and it's something that has a future. It's been
portrayed in the media now more than ever and it's being more
accepted by society ion general. It's not something that's
diminishing. It's something that's growing. It's a continuing
cycle and every year there's more and more of us.
Nov/ May I ask a question? When you were on university property,
were you skating in the parking ramp?
Neubauer/ No, I was not. I was on the basketball courts behind
Burge Residence Hall.
Nov/
And the university has never allowed skateboarding or
RollerBlading or things like that within the parking ramp have
they?
Neubauer/ There was no specifics at all last year. It was basically
whatever we did and if they had a complaint then the Campus
Security would tell us to leave and just go somewhere else.
And I don't know who phoned in the complaints, but sometimes
maybe it was just noise disturbances and I don't know if
people felt we were getting in the way, but that's not the
case now because the only time I even skateboard is at night
in the ramp when there's nobody there. And there's not a car
every half an hour or whatever.
Nov/ Which ramp are you talking about?
Neubauer/ The one right across the street, just on the first floor.
It's just a flat, open area, and it s smooth.
Horow/ On the first floor.
Neubauer/ Yeah. On the ground floor right there.
Horow/ Okay, because I thought we were talking about the top floor.
Kubby/ That's where people.
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#22 page 3
Neubauer/ That's where they roller blade and play roller hockey.
Horow/ I just wanted to get that clear. Any other questions for
Eric? Thank you very much.
Neubauer/ Thanks.
Horow/ Does anyone else care to address council on this issue?
Wendy Dameron/ (Can't hear from audience)
Horow/ Can you sign in and state your name please.
Dameton/ I think there's a lack of knowledge from the community and
the youth as to why per se the ordinance was considered to be
passed. Was it for safety reasons?
Nov/ Can you move closer to the microphone so that I can hear
better?
Dameton/ Or liability reasons? For the city was worried that
something might happen and they might legally be responsible.
I thi]~ that would be a good starting point to at least let
the public know why specifically you are thinking of passing
the ordinance. To my knowledge there's never been a problem,
they've all said that. I think if you decide to pass it it's
sending a poor message to the youth of the community,s saying
we promote beer drinking and alcohol in this town. We love to
support your bar business but we don't support sports that
basically are harmless. Let me think about what else I'm going
to say. Basically we're pretty disappointed because there are
so many lack of places to skate in Iowa City. I think it
wouldn't be so much of an issue if there were skating areas
that were specifically designated. But there are no ice rinks
except maybe in January if it freezes over and basically no
open areas because pedestrians can get in the way. Families
say don't skate in our street because traffic, cars, that's a
problem. University doesn't like skating for their own
reasons. So if you decide to pass this ordinance we would like
some suggestions as to places we could skate in town.
Horow/ I think your questions are valid ones, Wendy, and council
certainly has the intention of working something like that
out.
Dameron/ Okay.
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Fl12195
#22 page 4
Horow/ We also have the intention of working with the university on
this because it cannot just be an Iowa City issue. But I think
the issues you've questioned whether they are the safety, the
insurance, all these issues. Yes. The answer is yes. So
obviously you can return to your colleagues and say there's
not been any accidents but there's always a first time and any
governmental body has to be protective of the health and
safety of its citizens.
Dameron/ Would you consider putting legal disclosure statements on
the ramps? Kind of like pedestrian.
Horow/ It might be one of the solutions but there's got to be a
concerted effort on this and not just a bandaid ways of
looking at it.
Dameton/ Okay.
Horow/ But I appreciate your raising the issue. Anyone else care
to- I'm sorry Jim, did you have something?
Throg/ I just wanted to note that it's really quite interesting
that Wendy made a comment very similar to what Ed Barker said
about 2 1/2 hours ago or thereabouts when Ed said he thought
the people who were the most affected by ordinances ought to
be consulted. And we all agreed. And here's another instance
where we are considering an ordinance and it's real important
to consult the people who are affected by it.
Lehman/ I don't disagree with Jim but I think the vast majority of
people affected are pedestrians.
Horow/ Which we would have to have.
Throg/ It's kind of like I said about tenants and customers when Ed
made his comment so I think that's fair.
Lehman/ But I do agree. I think that we should be visiting with
these folks. I think the impetus probably comes, I think most
skateboarders are probably very considerate, fun people. It's
those who are not, those who are using the pedestrian mall
downtown or whatever, they infuriate some of the residents.
They say hey, we've got to do something to stop this. I think
at the same time, we need to recognize that there are
responsible skateboarders, responsible RollerBladers. If we
can do something to accommodate those folks, that's fine, we
should do it. I think at some point though we have to
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Fl12195
#22 page 5
recognize we can't accommodate everybody. If we don't have
race tracks for go-carts, and yet there are people who go-
cart. There are a significant number of folks who use these
toy vehicles. I have no problem with them looking. I think we
probably should do it.
Pigott/ If we pass this ordinance, we don't allow anyone to legally
skateboard or in-line skate.
Nov/ They are still allowed in residential areas. There are still
allowed in public parks.
Throg/ That's true and then.
Nov/
And there's a certain obligation for safety. And I can argue
easily that a person on a skateboard is safer in City Park
then in a parking ramp.
Pigott/ It depends. I suppose at certain times you're right. In the
middle of the day, I think there's a good possibility.
Kubby/ But there's a whole lot of other-
Horow/ I want to make sure we've got much public. We didn't plan
this for public discussion but you people are here and Brian
do you have anything else to say to add on to what you said.
Brian Holm/ (Can't hear from audience) I think there's a lack of
knowledge by the council on, I mean initially you have subject
yourself to litigation. I sell in-line skates and I have for
two different stores. A, RollerBlading, that is a brand name
and you cannot call it RollerBlading. You do have to call it
in-line skating. We have had memos to our stores about
advertising RollerBlades if you do not sell RollerBlade brand
skates. I mean that's something small, but it's a note. I
would like to reiterate that we have played hockey in the ramp
across the street at night over a year and a half and to my
knowledge have never had a single complaint by any citizens of
the city or anyone all together. We have never had an injury.
This is two nights a week we play and it is very regular. No
problems at all. You're taking something away from us here. I
mean, I don't like how you group it as toy vehicles. I
personally own skates. I skate to work. I skate to class. To
me they're transportation as well an athletic, I mean they're
an aerobic fitness activity.
Kubby/ Do you have another term because we talked about this a
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Fl12195
#22 page 6
couple of weeks ago and we went from toy vehicle to play
vehicle, but it still has that kind of condescending.
Holm/ Exactly. It's the same thing as a bicycle.
Kubby/ Do you have a term for this classification of recreational
transportational device. I think you just said it, right?
Recreational transportation device. That's a lot better than
toy vehicle. Toy vehicle is very condescending.
Woito/ But they're also.
Holm/ I think that bicycles are just as subject to this as
RollerBlades. I, no offense against any skateboarders but I
feel that skateboarding and RollerBlading are different
activities, and if you have participated in both activities
I'm sure you would agree. They're not- I don't think it's fair
that they group them together. I feel RollerBlading, or in-
line skating, don't want to knock down my own comment, but it
really is a fitness activity and I introduced it to a lot of
my friends including the particular pharmacist I work with,
Bill Baker, who has taken it on and has really enjoyed it. I
wish that the city would encourage people to take on
activities like this so we could get away from the inside
Nordic Tracking and everything. That people could get out and
enjoy activities like in-line skating and bicycling.
Kubby/ And in fact, we didn't- we have not received from the Police
Department about complaints. I have never received a complaint
about RollerBlading, in-line skating.
Holm/ Multiple times we've had police come up just to look and see
what we're doing and they've all just said great I hope we
never have a problem and they've left and we've had the
yellow, the city parking people come up and they've always
just watched us play and then left. We've never had a problem
and you must realize that this isn't something we can just
take over to the city parks. That's a nice idea but this is an
ideal environment for the surface is so smooth. It is perfect.
You cannot do that on a sidewalk. What we're doing is we're
playing hockey.
Horow/ Bryan, I have to say this, though, because it's been said to
me. Our other recreational sports, when they're played within
the sport context such as in-line hockey, they are done so in
designated areas. I mean the city rejoices that they are able
to do this. As far as I read you right now, you all just
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Fl12195
#2 2 page 7
literally took over the top of the roof.
Holm/ I would highly disagree.
Horow/ You were given permission to do that?
Holm/ No. We haven't taken over.
Horow/ Taking over in terms of what I'm saying is that you did
literally just moved in.
Holm/ What we did was took a public service that was not being used
and created a use for it. I haven't, we've never seen cars
parked up there.
Horow/ But it's still a parking ramp.
Holm/ Exactly. And a parking ramp can be more than just a parking
ramp if it's not being used for parking. There's no parking
there.
Horow/ It could be but it has not been defined that way yet.
Holm/ Okay.
Horow/ And until it is, it is still a parking ramp. That's my
point. I don't have a problem with recognizing, the city
recognizing in-line blading.
Holm/ Skating. Yeah.
Horow/ Right. But it is an evolutionary process that you get to for
very legal reasons.
Pigott/ I think we're going about it in a way that goes backwards
before going forward. What we're doing is banning it before
saying, maybe it's a good idea in certain places. That's the
part that I don't like about it. What we could do according to
the city attorney last night without passing an ordinance on
this deal is to have the police say no in-line skating when
the ramp is being used full time during the day, during hours
when cars dominate the parking ramp. We could do that. There's
no law against that. There's no reason. Instead we're using
governmental force to implement an ordinance that many people
say is flawed and we're going to have to change anyway. And to
do something which I'm not so sure that we need to create an
ordinance to do.
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Fl12195
#22 page 8
Kubby/ And why should we spend public money to create an in-line
skate hockey surface when we've already paid for it and are
paying for it through parking in our parking facility? I mean,
to me it's like this beautiful double duty use of money. And
why shouldn't we get the most out of the facility that we
currently have so we don't have to take green space and put on
an impervious surface to create a space.
Holm/ I think you're taking common sense away from the users of it.
We're not stupid. We're not playing when the parking ramp is
full. We're playing at 8:30 even 9:30 at night when there is
no one up there.
Nov/
Let me ask a hypothetical question. If you said you were going
to organize a sport such as in-line skating with hockey sticks
and pucks, etc. and if you came to the Recreation Department
of the city and asked them to sanction this kind of sport,
they might ask if you had insurance. They might ask if you
would sign a disclosure form. How would those kind of things
appeal? What do you think?
Holm/ To sign waivers is that what you're asking?
Nov/ Sign a waiver. Buy liability insurance. Buy accident
insurance.
Holm/ Are you going to present this to joggers too? I'm just
curious.
Nov/ No. I'm saying if you're organizing a sport and if you're
doing it on city property, it might be a baseball game. It
might be a softball game.
Holm/ It might be a jogger running down the street, sure.
Nov/ In organized sports, you do have those kinds of waivers and
those kinds of insurance policies.
Holm/ I think the waiver's not a problem. And like Wendy said,
maybe posting signs that say skaters skate at their own risk
would be a definite possibility if the city is worried about
legal actions against them.
Kubby/ Part of this discussion is really about when we want to do
what actions. We all agree- we've gotten some recommendations
from staff about how we can create more legal opportunities
for people to use these kinds of vehicles for recreation and
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Fl12195
#22 page 9
transportation. The real question tonight is, are we going to
ban the use of these vehicles in parking ramps and parking
lots now before we decide which recommendation we're going to
implement or after. To me that's really what the issue is
tonight and because I really believe that we should create
opportunities before we close off other ones, especially when
we haven't been getting complaints and injuries. And I move
that we defer this item indefinitely until we get a chance to
talk about these recommendation and implement some of them in
conjunction with the community that uses these vehicles.
Horow/ It has been moved by Kubby, seconded by Throg to defer this
indefinitely. Any further discussion?
Baker/ Clarification.
Horow/ Clarification.
Baker/ Exactly all we're doing with this ordinance tonight is
adding to the list of already prohibited things, locations,
not the category of- And Bryan's distinction between
skateboarding and in-line skating is very clear to me. I
understand that. And folks, I've got no problems with saying
tonight, skateboards got no place in a parking ramp. I haven't
juggled the other one yet. I have some problem with that one.
But I can't imagine changing my mind on that. This is not, I
just thought of this tonight. I've been thinking about this
for weeks. I can't imagine a justification for skateboards in
a parking ramp. So can we at least do that?
Horow/ Okay. There is a motion on the floor right now to defer this
indefinitely.
Baker/ But to defer the whole thing. And I don't want to defer the
whole thing, but.
Kubby/ We'll see how this goes and (can't hear) a part of it.
Baker/ Sure. Okay.
Nov/ You want to defer the in-line skating only?
Woito/ He wants to delete everything in this ordinance except
skateboards.
Baker/ No. That's not what I said.
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Fl12195
#22 page
Horow/ I don't understand what you want then.
Woito/ Yes you do. You just want to control skateboards not in-
line.
Baker/ We've already got an ordinance which controls it in certain
areas and we're just expanding the areas.
Woito/ But you only want to deal with skateboards. This deals with
all of them.
Baker/ I do understand. To me it's very clear how I feel about
skateboards now and in the future. It's very clear. But it's
not clear about in-line skating. And about the whole thing.
Horow/ There's a motion on the floor to defer this indefinitely to
discuss it. Is there any further discussion? If not, all those
in favor signify-
Throg/ I want to know why you see such a big difference between the
two.
Baker/ Between skateboarding and in-line skates?
Throg/ ¥eah. Where do you?
Baker/ One is control, in my mind having, and you're going to find
this surprising, I've done both. I know people who do both.
Throg/ Oh get out of here. You haven't done.
Baker/ It's true. It's true. There is a difference between those
two modes of transportation and the control that is exhibited
by the person on them and what happens to the skateboard when
you lose them.
Pigott/ Skateboard rs. in-line skates?
Baker/ ¥eah. There's a difference. And I have no problems banning
skateboards in all of these places plus the parking ramps. I
have a problem with the other. And that's to resolve that.
Horow/ Let's watch the process go. Let's see if there are four of
us here who move to defer to this indefinitely.
Throg/ Yes, I understood. Just a quick question. You're talking
about in-line skates.
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Fl12195
#22 page 11
Holm/ Um-huh.
Throg/ And that's what Eric was talking about.
Holm/ I think Eric was talking about skateboarding.
Baker/ I'm sorry. I still feel the same about skateboards.
Holm/ I think the letter John Costello to one of the gentlemen who
plays with us also submitted a letter and he was not able to
attend tonight and that's why I basically represent our group.
Throg/ And so the motion to defer,
it fails-
Woito/ Are your addresses on this
memos?
I mean this might pass, and if
so I can (can't hear) in my
Kubby/ The motion is for us to defer the whole thing while we come
up with a recommendation for not closing off so many options
and having safe alternatives. And I want to maintain that
motion.
Horow/ Okay. All those in favor, signify by saying aye (ayes),
opposed (ayes).
Karr/ Was that 4-37
Baker/ I voted to defer.
Horow/ You voted to defer.
Baker/ You know, if you can't, let's just get this thing settled
tonight now and worry about it later.
Horow/ Okay, there were four votes to defer this indefinitely to
discuss recommendations for.
Baker/ But I don't know where you can get the skateboards out.
Horow/ Okay. A movement to adjourn? Moved by Lehman. Second?
Dean
Thornberry/ Madam Mayor, I have one quick comment. We were
just talking about RollerBlading and what they do in the ramp
with their RollerBlades. They play hockey. What happens if a
puck hits a car and there's a big dent in the side of your car
when you come back to your car? He said, well they're
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Fl12195
#22 page 12
responsible. I said, what if your not there? You come back
there's a big dent in your car. My insurance has to pay for my
dent in my car. I just don't know if this is appropriate in a
place where- I just bought a new car.
Horow/ Don't park it on the top of the ramp.
Thornberry/ Don't park it on the top of the ramp. You know this is
a parking place. This is a problem when you're putting hockey
pucks or skateboards that slip out of- or other cars. It's a
problem. You're giving quasi-permission to do this.
Horow/ Right.
Baker/ And I don't want to mislead you. I'm heading towards banning
one for sure and probably two.
Horow/ Okay. Thank you. I need a second for adjournment please. All
those in favor.
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Fl12195
City of Iowa City
MEMORANDUM
DATE:
TO:
FROM:
RE:
November 17, 1995
City Council
City Manager
Work Session Agendas and Meeting Schedule
November 20, 1995
6:30 P.M. -
7:00 P.M. -
7:00 P.M. -
1:45 P.M. -
8:00 P.M. -
8:30 P.M. -
8:45 P.M. -
9:00 P.M. -
9:30 P.M. -
9:40 P.M. -
Monday
Special City Council Meeting - Council Chambers
Executive Session (Imminent and pending litigation,
property acquisition)
City Council Work Session - Council Chambers
(TIMES APPROXIMATE)
Saratoga Springs Development Proposal
a. Meet with Planning and Zoning Commission re. zoning
b. Discuss allocation of funds
City STEPS Allocation Priorities
Review zoning matters
Near South Side Redevelopment Plan
Economic Development Ad Hoc Committee
Water/Sewer Rates
Council agenda, Council time, Council committee reports
Consider appointment to the Senior Center Commission
November 21, 1995 Tuesday
7:30 P.M. - Regular City Cduncil Meeting - Council Chambers
November 23, 1995 Thursday
THANKSGIVING HOLIDAY - CITY OFFICES CLOSED
November 24, 1995
CITY HOLIDAY - CITY OFFICES CLOSED
Friday
November 27, 1995 Monday
6:30 P.M. - Special City Council Meeting - Council Chambers
Separate agenda posted
City Council Work Session - Council Chambers
Discuss Housing Plan - Public/Private Partnership
Council time
7:00 P.M. -
7:00 P.M. -
8:30 P.M. -
November 28, 1995 Tuesday
6:30 PoM. - Special City Council Meeting - Council Chambers
Separate agenda posted
6:45 P.M.
6:45 P.M.
8:30 P.M.
- City Council Work Session - Council Chambers
- Discuss Assisted Housing
- Council time