HomeMy WebLinkAbout1990-09-18 Agenda
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IOWA CITY CITY COUNCIL
AGENDA
REGULAR COUNCIL MEETING OF SEPTEMBER 18, 1990
7:30 P,M.
COUNCIL CHAMBERS, CIVIC CENTER
410 EAST WASHINGTON
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AGENDA
IOWA CITY CITY COUNCIL
REGULAR COUNCIL MEETING. SEPTEMBER 18, 1990 Ai, II "m.
7:30 P.M. .
COUNCIL CHAMBERS /1/111., 1/:,1 'u
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ITEM NO, 1 . CALL TO ORDER,
ROLL CALL.
ITEM NO.2. SPECIAL PRESENTATIONS.
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Idt;,~Cd.,I.V
ITEM NO.3.
a. GFOA Award for Comprohonsilio Flnan~J1I Annual Roport.
7t'lII ,,,i.l(o ,It'u,tlr,(
b. Iowa Consorvatlon Corps,Outstandlng E~~
MAYOR'S PROCLAMATION, /t'1/~l((,~7
ITEM NO.4.
a. Adult Day Caro Contor Wook. Soptombor 17.23, 1990,
b. Montally Hondlcappod Wook . Soplombor 22-29, 1990.
e.. CCII!>4;(lI..~iD'1 61~e.( - S:>I"I'-II..I..~, 17- J3 17'6
CONSIDER AD'o~nON OF THE CONSENT CALENDAR AS PRESENTED
OR AMENDED.
a.
Consldor approval 01 Ornclal Council Actions 01 tho rogular mooting ,
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01 Soptombor 4, 1990, as publlshod, subjoct 10 corroctlon, as I I
rocommondod by tho Clly Clork, I
Mlnulos 01 Boards and Commissions, I i
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(1) Board 01 Ubrary Trustoos mooting 01 August 23, 1900.,.1 Au1..1- f/1lo I \
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(2) Commllloo on Community Noods mooting 01 August 22,
1990, I
(3) Hlstorlo Prosorvatlon Commission mooting 01 AuguSl 14, I
1990, I
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(4) Parks and Rocroatlon Commission mooting 01 AuguSI 29, ;
1990,
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(6) Planning and Zoning Commission moo ling 01 Soptombor 6,
1990.
b,
0, Pormlt Motions as Rocommondod by Iho City Clork.
{II Consldor a motion approving a Class 'C' Boor Pormlt for
Clarissa Wall dba Wall's Food Markot, 1603 Muscatlno
Avonuo. (ronowal)
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Agonda
Iowa City Council
Rogular CouncJl Moollng
Soplombor 18, 1990
Pago 2
(2) Consldor a moUon approving a Class 'C' Boor Pormll for
Control Products Company dba Central Pharmacy Conlor,
701 E, Davenport Streot. (ronowal)
(3) Consldor a motion approving a Class 'C' Uquor Uconso for
Dam Baccam dba China Palaeo, 21 Slurgls Cornor Drlvo.
(now)
(4) Consldor a motion approving a Class 'C' Uquor Uconso lor
Hilltop Tavorn, Ltd, dba Tho Hilltop Loungo, 1100 North
Dodge Street. (renewal)
(5) Consldor a motion approving a Class 'C' Uquor Uconso for
Iowa City Yacht Club, Inc. dba Iowa City Yacht Club, 13
South Unn Stroot. (ronewal)
d. Resolulions.
'I~ (1) Consldor a rosolutlon accepting tho work for tho 1990
Malntonanco and Ropalr Project . Capltol and Dubuquo
Stroot Parking Ramps,
Commont: 500 attachod Englneor's Roport,
Consldor a rosolutlon accepting tho work for tho sanitary
sowor, storm sower and paving Improvoments for Huntors
Run Subdivision, Part Six.
(2)
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Commonl: Seo attached Englnoor's Report.
0, Sottlng Public Hoarlngs,
(I) Consldor sottlng a public hoarlng on Oclober 2, 1990, for the
award of a construction contract for tho slnglo.famlly homos
to bo built on Iho Sycamoro Vlow Subdivision.
Commonl: Proposals for the construction of slnglo.famlly
homos on tho Sycamoro Subdivision woro oponod on
Soptombor 17,1990. Tho Council will award a contract for
tho construction 01 tho slnglo.famlly homos on Octobor 2,
1990,
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DOltodl 9117/90 41)0 p,m. GII
Re"ovodl
City of Iowa City
MEMORANDUM
DATE:
TO: City Council and tho Conoral Publ1c
FROM: City Clark
RE: Addition to tho Conlont Calendar of tho Soptembor 18, 1990 moctlnv.
4.0. (2)
Conildar a motion iettlnR a public hearing for October 2,
1990, on planl, Ipoclflcatlonl, form of contract and
oltlmato of COlt for tho Baloball Ftold LIRhtins Projoct,
Horcor Park Flold 2.
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Agonda
Iowa City Council
Rogular Council Mooting
Soplombor f 8, 1990
Pogo 3
I. Corrospondonco.
(I) Potition slgnod by olovon housoholds rog4lding tho sldowalk
at tho Koroan MOlhodlst Church. Thoso slgnaluras aro 01
rosldonts who havo movod Inlo tho aroa slnco tho first
potition was flIod In 1989.
(2) Lotlor Irom MoMn Sunshlno rog4ldlng tho Idyllwlld oasomonl
proloct.
(3) Momoranda from thq Tr~fflQ Engineor rog8ldJng:
(a) Handlcappod parking In tho 1200 block 01 Yowoll
S~oot.
(b) Parking prohibition on Chamborlaln Drlvo,
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(c) Pa/klng prohlblUon on Hampton Slroot.
1I0ms (3)(b) and (c) woro pullod from tho agonda of Soptom. i
bor 4, 1990, !
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(4) Lotlor from UvIng Word Christian Followshlp rogardlng an ,
oasomont for placomonl 01 landing and stops at 318 I ,
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Bloomington.
Applications lor usa 01 Stroots snd Publlo Grounds, I
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(1) Application from tho KnlghlS 01 Columbus 10 havo tho MnulIl I
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fOOlslo Roll Salo on Soplombor 22, 23, and 29, 1990,
(approvod)
(2) Application from V,F.W, Post 3949 to ollor popplos lor I
donations on Soplombor t4 and 15, 1990. (approvod)
(3) Application from Amorlcan Hoart Assoclatlon.lowa Afnllalo lor
a two.mllo walk on Soplombor 9, 1990, (approvod)
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(4) Application from Tom NOWlon for uso of a portion 01 Glntor I
Avonuo for a block party on Soptombor I, 1990. (approvod)
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Agenda
Iowa City Council
Rogular Council Meotlng
Seplombor 18, 1990
pego 4
h. Applications for City Plaza Use Pormlls.
(1) Appllcalions from latin Amorlcan Human RIghts Advocacy
Conlor for pormlsslon 10 sot up a lablo on Clly Plaza during
tho porlods 01 Augusl 13.19, 1990 and Septombor \1.18,
1990. from which 10 dlstrlbuto IItoraturo and ollor crafts lor
donations. (epprovod)
(2) Application from Eric Tognort on bohalf 01 Big Ten Sludonl
Association lor pormlsslon to sol up a tablo on City Plaza
Irom which 10 sollcll applications for MaslorCards for Flrsl
Consumors National Bank of Ponland. Oregon. (doniod)
ITEM NO, S.
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END OF CONSENT CALENDAR
PLANNING AND ZONING MATTERS,
{/~,y (1'1 Jh.ltt('{'.()
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All,/' (t .
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a. Consldor sottlng a publlO hoarlng lor Octobor 2, 1990, on an
ordlnanco amondlng tho Zoning Ordlnanco by conditionally chang.
Ing tho uso rogulaUons 01 approxlmatoly 1.5 acros locatod at3t5
PronUss SlIool from RM-44 and CC.2to CI.I. (Z-9012)
Commont: At Its mooting 01 Soptombor e, 1990, tho Planning and
Zoning Commission racommondod, by a voto of 4.1, (Cook voting
no), Iho approval of a roquost submlttod by City Eloctrlo Supply lor
a zono chango for approxlmatoly 1,5 acros locatod at 315 Prontlss
SlIoot from RM.44 and CC.2 10 CI.l, subject to tho 101l0\vlng
conditions: 1) no dlroclaccoss bolng allowod on Gllbort Strool: 2)
tho curront curb cut on Gllbort Stroot bolng closod at tho ownor's
oxponso prior to tho Issuanco ola Cortlficato 01 Occupancy: and 3)
no outdoor display, alorago and/or sale 01 morchandlso bolng vlslblo
from GlIbort Slroot. This rocommondatlon Is conslstonl with tho stall
rocommondatlon.
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Action:
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CONSENT CALENDAR
MeDI Moved by Ambr, second by Horow to adopt the consent calendar as
amended, Discussion.
Horowl Last evening I asked that we receive a printout of the pollee
activities at the Yacht Club which Is one of the establishments a;klng
for renowal of their liquor license, I'm happy to announco that thore
have only been II Instances In which the police have had to Charge
peoplG at the Yacht Club for violations of the law. I'm happy to
announce this and yet I honestiy think the Yacht Club can do better, I
challenge them to work on watching who they permit to receive liquor
In their establishment, It's a popular place as many of our places are.
I'd really like to challenge the owners of the bars In this city to do a
better job. Thank you for looking Into this for m9 Mr. Atkins.
McDI Any other discussion 7 Rollcall.
Consent calendar Is adopted as amended,
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Agonda
Iowa City Council
Rogul81 Council Mooting
Soplombor 18, 1990
Pago 5
b, Publlo hoarlng on an ordlnanco amondlng tho Zoning Ordlnanco by
condllionally changing tho uso rogulallons 01 approxlmatoly 168
acros 01 land gonorally localod north of Molroso Avonuo and wast of
proporty ownod by tho Unlvorslty 01 Iowa from ID.RS to OPDH.I I a
prollmlnary plannod dovolopmonl housing plan for Walnut Rldgo, (Z.
891U S-8943)
Commont: At Its Fobruary 15, 1990 mooting, by a volo of 8-1
(Hobort voUng no), tho Planning & Zoning Commission rocommond.
od approval 01 this rozonlng roquostto enablo dovolopmont of a
100000t slngle.lamlly resldontlBllulxllvlslon, This recommond9t1on
was subloctto oxtonslon of tho municipal sanitary sowor Irom tho
Hawkoyo 11ft station to tho projoct slto, Tho Commission also
rocommondod, by a volo 01 8.1 (SCOll voting no), thaI tho City pay
tho cosl of this sowor oxtonslon, with said costs to bo allocatod on
a por acro basis with tho affoctod partlos paying tholr sharo as
dovolopmonl occurs, This hoarlng has boon contlnuod from the
Soptombor 4, 1990 mooting pondlng an agroomonl with tho
Unlvorslly lor a sowor oasomqnt. '~t'lw,.; c1ffl(l.\l~
4~c.. .c(tLu ~/
Action: nl',,(.I'q~,) t~dioJl.ll.U I/:J..
(
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0, Publlo hoarfng on an ordlnanco amondlng tho Zoning Ordlnanco by
changing tho uso rogulatlons 01 approxlmatoly 1.4 acros 01 land
locatod botwoon Dodgo and Govornor stroots at 912 N, Dodgo
Slrootlrom RS.8 and RS.1210 RM.12, (Z.9009)
Commont: At Its mooting 01 July 19, 1990, tho Planning and Zoning
Commission rocommondod, by a volo 01 4.0, Iho donlal of a roquost
submlllad by S. D, Butchor Construction for a zono change from RS-
8 and RS.12 to RM.12 lor approxlmaloly 1.4 acros,locatod botwoon
Dodge and Govornor Slroots al 912 N. Dodgo Streot. This rocom.
mondatlon Is conslstonl with a stall roport datod July 5, 1990. (Tho
appllcanl has wllhdrawn this 110m.)
Action: 11/'/''''''''' \ 17/ /!~r1In'.11 '// I$$-Idt'tt/l,f
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McDI I now rH~n Ule public hearing. There are sUII some conUngencles
Ulat neOO to be addressed on Ulls parUcular Issue so Will conUnue Ulls
ph. until our Ocl2 meoUng.. Do I have a moUon to conUnue Ulls ph,?
Moved by Ambr" soconded by Nov, to conUnue Ulls p,h, unlU Ocl2.
Discussion.
MoUon carries.
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Agonda
Iowa City Council
Rogular Council Mooting
Soptombor IS, 1990
Pago 6
'\\ ~t).~"\ll
'I~O'Il~
d.
Consldor an ordlnanco changing tho zoning 01 cortaln proporly
locatod alll05 Gllbort Court from CI.1 10 p, (Z.901 0) (Socond
consldoralion)
Commonl: Allis mooting 01 July 19, 1990, tho Planning and Zoning
Commission rocommondod, by a voto of 4.0, opproval 01 a City.
InlUalod application to rozono approxlmatoly 1.17 acros locotod al
1105 Gllbort Court from CI.I 10 P. Tho silo prosontly housos tho
Johnson County Hoalth Doportmonl, a public onUty. This rocom.
mondoUon Is conslslont with tho slaff rocommondaUon dalod July
29, 1990. No commonls woro rocolvod altho August 21, 1990
publlo hoarlng on this 110m.
('tol"VA)~ ,. (I \ ,~a.ito ',(udl {'i'fIIl 7,.{l
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Consldor a rosolullon approving tho prollmlnory plot 01 Black Hills,
a subdivision 01 Johnson County, Iowa. (S-9014)
Commont: At lis Soptombor 6, 1990, moollng, by a volo 015.0, tho
Planning and Zoning Commission rocommondod approval 01 tho
proUmlnary plat 01 Block Hills, an 8.101, 30,41 acro, slnglo.lamlly
rosldontlal subdMslon locotod In tho northoast quadrant 01 tho
Intorsoctlon 01 Malor Avonuo and Osago Stroot opproxlmatoly 1,5
mllos southwosl of Iowa City, subjoct 10 alotlor oslabllshlng Iho flro
rallng for tho aroa bolng dovolopod and a lotlor of transmltlal Irom
tho approprlato IIro protocUon district. This rocommondallon Is
conslslonl with tho rocommondatlon In tho staff roport dalod
Soplombor 6, 1990,
.1h\\~ / 1J~I{l
( . ?~
..j.,1I~lIill: it~\. If)
Action:
0,
Acllon:
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McD/
Nov /Have we received Utose letters?
Karr / No, but Utey won't be released until we do, The plat Will not be
released,
McD/ Moved by Ambr., second by Horow, to adopt Ute resolution, Any oUter
discussion?
Rollcall.
Resolution IS adopted.
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Agonda
Iowa City Council
Rogular Council Mooting
Soplombor 10, 1990
Pago 7
I.
Consldor a rocommondalion ollho Planning and Zoning Commls.
slon thaI tho dovolopor ollho Black HlI1s Subdivision bo roqulrod 10
pay lor tho allovlatlon of dusl Irom Malor Avonuo and thaI tho
dovolopor bo hold lIablo lor damago 10 tho blacktop soctlon 01 Malor
Avonuo,
Commonl: Allis Soplombor 0, 1990, mooting, by a voto of 5-0, tho
Commission rocommondod Ihattho dovolopor 01 tho Black Hills
SubdMslon bo roqulred to pay for Iho allovlatlon of dust from Malor
Avonuo Irom tho southorn boundary ollhls subdivision to a polnl
200 foot to tho nQrth of tho oxlsUnll homos localod on Malor Avonuo
10 tho north 01 this subdivision, and Ihaltho doyolopor ba lIablo for
damago to tho oxlstlng blacktop soctlon of Malor Avonuo causod by
construclion vohlclos assoclalod with tho Black HlI1s SubdMslon.
Rocognlzlng Ihaltho City's rogulalions lor county subdivisions would
not allow the City 10 placo condllions on tho approval 01 this
subdMslon, tho Commission made this rocommondatlon wllh Iho
hope that tho County Board 01 Suporvlsora would placo Ihose
conditions on this subdivision. \I Council concurs wllh thoso
recommondatlons, tho lollor from the City to tho County Board 01
Suporvlsors, which Is Includod In the Council packol, would addross
this 110m,
Action:
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'51
McD/ Moved by Horow, ~onded by Kubby to approve Ule
rO(ommendaUons 01 1M P (/. Commission Any discussion?
Kubby / TM only qU05Uon I had was would the doveloper be r&Sponslble lor
a one Ume oiling of the gravel road or would they be r&Sponslble
Indoflnltoly.
Horow/I know I am supporUng this purely lor th&construcUon aspect 01
this. I think once the construcUon Is flnlsh&d, It's purely up to the
CQunty as to how they conUnue.
Kubby / (can't hear)
MeD/ Any other discussion? All those In favor 01 the motion-
Motion carrl&S.
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g, Consldor a rosoluUon approving tho nnal plat 01 a portion 01 Block
" Bravorman Contor, a subdivision 01 Iowa City, Johnson County,
Iowa. (S.9015. 6().day IImltaUon porlod: Octobor 14, 1990)
Commonl: At lIS Soplombor 6, 1990, mooUng, by a voto 015-0, tho
Planning and Zoning Commission rocommondod approval 01 tho
final pial ola portion 01 Block 1, Bravorman Conlor, a 12.01 acro, g.
101 commorclaVrosldonUal subdivision localod botwoon Kookuk and
Broadway strools, south 01 tho K.Mart and Popporwood Ploco
.hopplng contort, Tho Commission's rocommondatlon Is subloellO
approval 01 logal documonts and conslructlon drawings ond
c:lcul:Uon= pilot to Coundl con:!dcrotlon 01 tho oppl!eotlon. To
dato, stall has not approvod olthor tho logal documonls or tho
conslructJon drawings and calculaUons, Tho rocommondallon 01 tho
Commission Is conslstont with tho stall roport dalod Soplombor 6,
1990.
rf},'u....,,! A...."b dill"" ..fir /O/;L
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ilt'.) ,1//;"" rJ M fl. tl..l
Consldor a rosolutlon approving tho nnal plat 01 scon Boulovard
East, Part Ono, a subdivision 01 Iowa City, Johnson County, Iowa
(S.9017. 6().day limitation porlod: Octobor 115, 1990)
Agonda
Iowa City Council
Rogular Council Mooting
Soplombor 16, 1090
pago 6
Action:
'\\'qD"I1:L
h.
Action:
Commonl: AI Its Soptombor 6, 1990, mooting, by a voto 01 5-0, tho
Planning and ZonIng Commission rocommondod approval 01 tho
nnal plat 01 scon Boulovard Easl, Part Ono, a 13.21 acro, 39 101
rosldontlal subdivision IOC810d oasl 01 scon Boulovard ond south of
Court Slrool oXlondod. Tho Commission's rocommondotlon Is
sublocllO approval ollogal documonls and conslructlon drawfngs
and calculations prior to Council consldoratlon oltho oppllcatlon and
additIon ola nolo on tho plat prohibiting drlvoway accoss Irom Lol
lto Court Slroot. Stall has approvod tho logal documonls and tho
construction drawfngs and calculations lor this dovolopmont, In a
roport dalod Soplombor 6, 1990, stall rocommondod thatlho pial
prohibit accoss Irom LoIs I, 26 and 27 onlo Court Slrootand accoss
from Lots 24, 36 and 39 onlo Court Slroolln tho ovont Court Slrool
Is oxtondod adlacont to thoso lots. This roslrlctlon Is Inlondod to
allow Court Slroolto olloctlvoly lunctlon as a colloclor stroot.
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McDI We were Inform&<! tllat.Don.
SChmeiser I The contingencies for tllls subdivision have not betn resolved
and It Is our recommendation tllat you defer action on tllls loom
tonight
McDI Moved by Larson, seconded by Ambr, to defer Item g. untiltlle Oct 2
mooting,
Allin favor Oftllol motion.
Motion carries.
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McO/ Moved by Ambrts(o, se<ond by Courtney to adopt Ul~ r~soluUon
DlS(usslon
I:ubby / LInda, was the change we made last night In the restrlcUve
covenants agreeable by the develo~r?
Gentry / Yes And I have a Signed copy and there was another quesUon by
Naomi r&gradlng the inconsistency between a couple 01 other
paragraphs concerning debriS alter a fire 01 a house And that was
cleared up So I have a Signed amended copy as requested
Kubby / I'd liked to thank Mr Glasgow lor Signing that document.
Nov / I would like to approve this with the stall re<ommendaUon about the
access points.
McO/ II we approve the resoluUon as stated, that would automaUcally-that
Is wlUI Ule fe<ommendaUons.
Nov / I wasn't sure If we were doing the re<ommendaUons 01 the commission
or the stall They didn't agree on this
Kubby / The problem was lots 26 & 27 with the posslbUlty 01 trees being In
the way 01 driveways. Is that what we were talking about last night.
Nov / But these lots, alter taking a good look at them, have a minimum 01 78
feet or more, Sooms to me that they could curve a driveway around a
tree with that much frontage,
Larson/ I thought the dillerence between the stall and the commission
r&commendaUon had to do with access on to Court Street.
Nov / Right
Larsonllt didn't have anyUJing to do with trees, did it?
Kubby lit was the reason for allowing access on to Court Street to avoid the
trees (can't hear)
Nov II think they can manage an access on to the side street and also the
stall Is legitimately concerned about the hlll and allowing access on
and oil the hilI. I just wanted to bo cloar that we would like to
re<ommend this with the idea, with the restrictions that the stall
would like.
McOI Larry, did you want to say a couple 01 things
Larry Schnlttler I MMS Consultants, The reason lor the request by the
developer to be alleviated lrom this requirement of the stall Is that It
Is a combination 01 both the trees and the grades of those streets, The
first street going in along that ltrst lot on the east side of Scott Park
Orive will be a very steep Incline as it comes down to Court Street,
And the ground will be elevated above the street by quite a ways It
order to save the trees By the Ume we get up to where the high side
of the lot, where most people want to build garages we are coming
right In on the proposed saving 01 the trees Whm the trees are
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supposed to 00 saved That IS Ule reason why we want to have the
access ott Court Street At the high pomt or Court Street where you
got good VISibility In both dtr&ctions and there are no trees
Kubby / So you think to avoid the trees
S<hnlttler / To avoid destruction or the trees this IS by far the easiest way to
handle It OtherWIse we WIll end up WIth Inordinate construcUon costs
ror houses that most people don't like to have basement garages
anymore. It was a thing that was happening at one point In time Ulat
you don't ~ very orten anymore
Nov / WiJ ariJ not talking about Impossible ~ ariJ talking about the need to
be more creaUvo.
St!m1Uj9r I W9 ar9 talking about reasonablo
Larson/ Don, can you state statt's view for us, I don't understand the
dltterence between commission and statt. Is there a split hm.
Schmet~r / Well, I think Ms. Novick stated the starf's r&Commendation fairly
~II We belliJve Ulat there Is enough lIexlblllty In there that they can
work around the existing trm.
Larson/ And still not access on to Court?
Schm/ And still not access on to Court Street I know you've heard stall's
comments before as far as limited access on to streets of higher
dasslflcation than local streets and WiJ feel very strongly about that
Larson/ How Is this written now, Would it prohibit access to Court Street the
way.
Schm/ The resolution, thiJ way It Is worded?
Larson / Y &s.
S<hm/ It only limits access on Lot L
Kubby / So It IS M's r&commendation that
S<hm/ It was P lZ's riJCOlillMndation that it only be limited to Lot I.
Gentry / That Is what Is In thiJ current legal papers,
Larson/ That is line With me.
Horow/ I'm g('lng to go along With this I think that the diJVeloper has gone
that iJxtra mile In UIIS regard, Normally, because I IIviJ on Kirkwood
and we can function With it and thiJriJ are plenty or driviJways on the
iJxlsting Court Street. I know that J uphold the theory of not having
driveways out, But, In UlIs case, I frankly think we have gone as rar
as Wi can go With having the develoPiJr retain the trees. I don't have
any problem With the way It Is worded.
Nov / What about the lots that are rurther up.
Horow/ Those ( do have a question about I didn't think there were any
trees on UIOSiJ rurther lots. I don't understand Wily P IZ didn't mention
thoSiJ, Larry?
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Bruce Glasgow/ Develo~r of this subdivision. The reason for that Is the Pfl
can restrict access on to the new Court Str*t anytime they want to
boc3u~ there Is no str*t there So when a fellow comes along to
develop the farm lust north of these thr* lots that we are talking
abou~ P /z and Stall and you people can put Whatever restrictions you
want on It TM entire Court Str*tls In the farm area, So we thought
that this time they are Interior lots, they can't have access on to this
man's larm, It doosn't go anyWhere. It's kind 01 an academic
quesUon. You have got plenty 01 Ume II somebody el~ wants to
annex and build the str*l You can put any restrlcUons on that you
1*1 you musl
Hofowl Okay. Ills wright With fil9, is itiilright with you.
Nov I Yes. That sounds roasonable. I'm all In lavor 01 saving trees and I'm
sUllln tavor 01 not accessing private driveways on to a str*t like
Court Str"l
McDI Any other discussion?
Rollcall-
The resoluUon Is adopted.
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Agonda
Iowa City Council
Rogular Council Mooting
Soplomber 18, 1990
Pago 9
I, Consldoratlon 01 an ordinance adopting Appondlx Choptor 70
(excavation and Gradln9) 01 tho 1988 Uniform Building Coda, U
amondod, (Socond Consldoratlon)
Commont: Tho Board 01 Appoals has rovlowod Appondlx Chaplor
70 01 tho 1988 Uniform Building Codo and has modo lovorol
changos 10 accommodalo local condlllons and practlcos. Altholr
mooting 01 Juno 28, 1990, \hoy modo a rocommondalion 10 Council
IOf adoption. The VQto was lhIeo ayos, zoro ~" wI\h on; ~mbGr
absont. Tho ordlnonco undor consideration has beon rovlsod
pursuant to tho Councll'a discussion al tho September 4 publlo
hoarlng,
Action:
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Commonl: At Its mooting or Juno 7, 1990, tho Planning and Zoning
Commission rocommondod, by a voto 01 6-0, approval 01 an
amondmonl to tho SubdMslon Rogulatlons 10 requlro a grading
pormlt lor subdivisions In onvlronmontal~ sonslllvo aroas, Tho
amondmonllncorporalos by reloronco tho roqulromonls 01 Appondlx
Chaptor 70 01 tho 1988 Uniform Building Codo, ExCllvatlon and
Grading, as 11 has boon rovlsod and rocommondod lor Inclusion In
Chaptor 8.17(23) of tho Iowa City Municipal Codo, and tho Building
Codo, Tho Excovalion and Grading Ordlnanco lurthor roqulros that
all culs and fills bo subjoct 10 Soctlon X 01 tho Public Works Design
Standards. Erosion and Sodlmontotlon Control as thoso standards
havo boon rovlsed and rocommondod lor approval by tho Commls.
slon at Its Juno 21, 1990, mooting, by a voto of 3 to 1 (Clark voling
no),
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Action:
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Agonda
Iowa City Council
Rogular Council Mooting
Soptombor 18, 1990
Pago 10
ITEM NO, 6.
PUBUC DISCUSSION.
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ITEM NO.7.
ANNOUNCEMENT OF VACANCIES,
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ITEM NO.8.
a, Senior Contor Commission . Two vacanclos for throo-yoar torms
ondlng Docombor 31, 1993. (Torms 01 Bud Gode and Mary
Goasland ond,)
b. Board 01 Examlnors 01 Plumbors . Two vacanclos for two-yoar torms
ending Docombor 31, 1992, Ono vacancy Is lor a maslor plumbor
and one for a ropresontatlvo 01 tho public, (Torms of Jamos Mullor
and Mlko Drockman ond.)
Thoso appolntmonts will bo made atlho Octobor 30, 1990, Council
mooting,
CITY COUNCIL APPOINTMENTS,
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a. Consldor appolnlmonl of Annie Tullio to Iho Affordable Housing Task
Forco,
Action:
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McDlllem numoor SIX Is pUbltc discussion This Is Ule place on tlJe agenda
Where anyone can approach Ule council about any Item Ulat doos not
apIX'ar on Ulls evenings agenda.
Loonard Yeggy II would like to ask somoone here tl Uley knew what
happened to our program to try to clean up our drinking water So rar
we've gained noUllng cleaning up, It s~ms like, In our ground wdter,
'cau~ Uley're still pouring Ule spray on,and It's going on everybody's
property Where It don't belong. And tl you'd banned It, It'd end part
or It They put Ule granules on, and when it rains, Ulen Uley soak up
In Ule Sky too, But we need to do someUllng WlUl Ule spray, and
Uloy're still spraying, and It's still hard to breaUl It, and It also makes
a lot of people Ullnk Uley've got allergies Uley don't have If
somebody could work on Ulat and get Ulat going- I've been to your-
one of your m~tings up to Ule church, s~ your advocacy m~ting,
and we've got an aWCullot to do to get Ulat Ullng gOing. Now I have
some papers here that I'm supposed to deliver to Ule counciL
Kubbyl You can pass them down, too.
Yeggy I Before I go, I'd like to know, What happened on Ule cllre Apartments.
They gave Glasgow permission to build Ulere, now Uley're coming
down on him because Ule hill's come down, And I've come In here
before Uley ever built Ulat and told 'em What Ulat hili was going to do,
And I can't Clgure out- I got Information a While back Ulat he's
supposed to have Ulat cleaned up before Christmas, but I never
understood WIllch Christmas,
McDonald I There were, Mr, Yeggy, a few dlCCerent extensions granted on Ulat
partiCUlar project Council did, as a matter of fact, talk briefly about
Ulat last evening, And made a determination Ulat Ulere would 00 no
more extensions granted, and directed Ule city attorney to proem!
WlUl Ule necessary action to get Ule.
Y eggy II couldn't Clgure out WIly you come down on him When you left him
go ahead and build, gave him permiSSion to build. That let's him out
He don't have no responSibility after Ulat.
McDonald I Well, Ulere's-
Yeggyl Not really.
McDonald I There Is some responsibility Ulero, Mr. Yeggy, and Ulat's oolng
followed up,
Yeggyl There's an argument Ulore, because I've done contracts, and I know
WIlat It is. Well, Ulank you.
McDonald I You're welcome. Thank you, Mr. Yeggy. Is Ulere anyone else
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Who would like to address tM council about any Item that does not
ap~ar on this eventng's agenda I'd ask Utat you'd please Sign your
name and address and tdenUy your~1f to council, plea~
lanft ~"'".""I We'd like Ute Council to take anoUter look at the janitorial
~rvlce Issue, and we've got some Information that should 00 coming
around to you here BaSically we'd like to respond to oome of the
Utlngs that Dale had In a memo that was dated ~poomoor II. Klnda
of lOOking at Ule numoors Is What we're phraSing Utls sort of, UtIS
document We strongly feel Utat our 1.3 FT's was accuraoo, and I think
Utat If you 1001: at What we've handed you here, It, you know, becomes
self explanato!'Y'Ji; 111.(.(0/
-DweYlIt Gr DarWin ,Jo,,,. WI guess, alter oolng ntthe moeting last evening,
Ute comment was made that there was too much Ume sl*nt on Utls by
stall, I guess, that I would concur WlUtthe mayor on that On the
August 7 meeting, When this orlgtnally was turnod down, It was my
understanding that stall had a mandaoo to hire, We got Into Utls
numoor situation wiUt Utem. It Is our strong feeling that we've
matched those numbers, We've met Utat criteria that we would at
that meeUng. At this point we'd ask Ute council to re<onslder; go
ahead and hire budgeted four poslUons that are thGre alrGady, Let's
put Utem on line. Get a local person In here. We can have it done In
two weeks, a p&rson working, a job being done. We appredaoo you're
conSlde~Uon on Utls matoor.
Jan9t t,.,f'" "1 Just to follow along wiUt Utat, When John Funk retired, Utat
was August 15 of 1969, we assumed Utat his poslUon had ooen
funded for all of Utatflscal year, HereUred In August 15, 1969, no
one was hIred the rest of Utat fiscal year. Ukewise we would point
out Utat Ute next fiscal year Utat you approved. also had that you
would refill that poslUon, And yet that did not happen. Then as
Darwin points out, you again asked Dale to go ahead and fill Ute
position, and again, August 7 Utat sUIl did not haPl*n. So we
re<ogntze It's taken a long time but certainly Ule mandate's been there
to stall
McDonald/ I lust want to, J lust want to emphasize one thing. I Utlnk, If you
remember corre<Uy, Ute way I rememoor It, when we discussed this
at that August 7 meeting, and because of Ute comments and maoorlal
Utat you as representaUves provided to us, we directed city stall to
meet WlUt you and to see II this could not be done In Ute way Utat you
were proposing at that particular Ume. I mean,lt wasn't a mandate
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by council to d~nnitely go out and do It this way And that's WIIat has
transpired since then, becauw you have had some meetings WIth the
assistant city manager.
Jan4tt"""-'Tlthlnk that's correct Mr. Mayor, but the way ~ were reading
your decision yesoorday was based on the numbers, and ~ want to
point out that we don't agree WIth Dale's numbers. You know, II you
look at I~ the nrst thing that he suggested was that ~ nood I 5
workers to do What FEG was gOing to do With 1.3 workers, and he
based that on rest breaks, holidays, vacation, and sick l~ave, And
~11 acknoWledge that our workers take relt breaks I guess it would
also ~m to us that th& FEU wvrk&rs ar& gQllig tQ tak, fnt bfeakS.
Tho other thing that he pointed out was holidays; It Is true that W9
have paid holidays. We would point out that they're the same
holidays that the Civic Cenoor personnel take And It would seem to us
that llthe bUilding Is clean the night belore Thanksgiving. It doesn't
also nood to be cleaned again ThanksgivIng night. So, In other words,
tho fact that ~ hm paid holidays, It seems as though, ~ don't nood
cloanlng on the night that this building. or on Ule days that this
building Is not In operaUon. It's true we havo paid vacaUons; It's true
~ hm sick leave, But we would point out that WIIat happens In the
caso of anyone on vacaUon or sick leave Is others fill In for him. And
yet Dale's numbers would'Ve charged us With anothor ),2 workors for
that
A couplo of other things along Ule same IIno, ho had added
S2900 to annual labor costs for InlUal c1ean.up. And ~ don't feel
that's accuraoo, We feel it's real reasonable to ask tho 1.3 persons
wo're proposing to do InlUal cloan-up, and not to chargo, not to havo to
pay extra, or chargo us extra to do It. Ho also added In for supervisory
costs, and wo'd IIko to remind overy body that tho supervisor had 000
moro person to supervlso WIlen John Funk was employed In orrect
that work load has boon reduced by 000, wo'ro saylng.ll you'd fill that
poslUon, you'd lust be back up to whero you wore And IIko we
pointed out before, II you havo a contract posiUon, It's sUII going to
havo to be monitored, and that's real similar to superVIsing someono,
and wo'ro saying rathor than to worry about monitoring or somothlng,
just supervise the 1.3 workers.
Kubby / I'd like to hear pooplo's thoughts about this, because this all makes a
lot of sense to mo. Or maybe havo Dale respond.
McDonald/ Well, as far as I'm concerned, ~ did make a decision last nlgh~
obViously It was a Informal meeting Thoro was no formal action
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tak~n. It can 00 reconsidered If th~ majority Wishes to do so. I think
that ~ hav~ I>*n- that ~'v~ rec~lved ample Inlormation over th~
last several weeks on this particular Issue. As I stated last nlgh~ It's
not unusual lor us to contract out lor mvlc~s. This was a proposal
that was submitted by stall W~, because 01 Information that ~ had
rec~lved from r~pres~ntativ~s olth~ Union, w~ ~jected th~ Initial
proposal, directed stall to go back and meet With th~ Union
r~pres~ntatives, WhiCh they did. Ther~ was, seemed to 00 a dllferenc~
In th~ flgur~s that came out of that meeting that ~r~ told to us Wh~n
we ~r~ discussing this originally, and I think that this Is som~thlng
that w& n&e<i to proc&e<i With. If th& contract does not work, w~ hav~
complete authority to terminate It and we can have ample opportunity
to go back to the way that we had done It oolore. But this seems to 00
a way to accomplish What n&e<i to 00 don~ and at a lower cost And as
lar as ('m conc~rned, I'm Sticking by wllat th~ decision that we mad&
last night,
Kubby Il'm r~ally Interested In reconsld~rlng that decision, Is anyon~ els~?
Based on this Information? Ithlnk,that It's not a dilterence so much
In flgures,lt's a dilt~r~nce tn vl~w of What Is n&e<ied and how you
Interpret the situation, And how many ~mployees w~'re going to n&e<i
and just how you view the workforce.
Larsonl Well, I think It Is a dilterence In the numoors, and that's What
persuaded me to go along with stall's r&quest My Initial bias Is
towards our city unton employees doing the work, but I think there
are discrepancies In the numoors, and I think they amount to
judgm&nts about What can 00 done, I don't think that you've got 1.3
employees n&e<ied to clean the building as normal routine
maintenance, that you can have them also to do $3000 of Initial clean-
up, If th~y hav~ that much spare timo, then they don't need that
many to do the full maintenance routinely, I think that Is a
dlllerence, and I think there's a slgnlttcant dilterence In that th~
contract prOVides tile &qulpment and supplies. Wilen It gets to 00 a
$a,oOO-$IO,OOO savings to contract It out, and It's anywhefUrom zoro
dollars to that kind of savings to contract It out, depending on W1lat
numoors you look, I'm lust porsuaded that stall ooll~ves that's a
saving for us, that we give it a try, and try the contrat for a year. If It
doesn't s&~m to 00 a continuing savings th~ro, then I'd sur~ 00 willing
to tak~ It back.
Courtn~y / I tend to sld~ With th~ union on th~ Initial cl~anup Issu~. That's a
one tim~ deal, and It Is not going to b~ on-gOing; we'r~ looking at a
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long term position here I really think that that should've been
thrown out of thtl calculations which gets It a little closer However, I.
in reading the materials that you submlttOO about the dlllerence on
Ule percentage on the pay scale, I think that this position could be
looked at as a bigger break betwoon the class- the pay rates on it It
looks to me to be an excellent entry level position to move up through
the union scales, and that's one of the problems with the numbers, Is
the Insistence 01 havins Ulat lalling Into your normal scales
D~r Darwin ;,"4i1'foit'understand the Inlormation you received last
evening was a Malntenanco Worker I position at the bottom 01 the
scale, This was not your double zero position or your custodial
position that was given to you belore.
jallit t'J;..I).....J1ust to follow along With that, we had OM m*ting w1YlDaJe,
and we gave him a proposal of a custodial worker at 3~ dtllerentiaL
And we didn't really get a counter -proposal I don't know If that's the
way he always bargains, but, you know,my experiences.
Courtney I Well, the council set out the counter-proposal for you, we want to
get this thing done lor the same price. And I don't think there's any
negotiating In there, Is the way I read the unanimous decision, well,
6.1 decision that night. Excuse me, Karen.
There again, 1 know it depends on a lot of dlllerent factors, but we're about
$200 apart with a maintenance worker, Even with the 3:t, you'd be
below, In our opinion, you'd be below what FEG,
Larson/l Ullnk this should J~~ ~ a new position, a custodial worker.
~br Darwin J,.If.ft"lfliat would then be below.
Larsonl Il that could be proven to me, I would preler to have this go as a
position, This thing Is really taken a IIle of Its own here. And I
thought I was pretty good with figures, but this one's got me ballled,
Helllngl To clarlly, the Information that I provided you, had costOO out both
the maintenance Worker I position at the zero or one grade, and the,
what was labeled as the union proposal, or custodial worker, which Is
tile original union proposal during our discussions, at the zero zero
grade, You have- I've got numbers for both of those on the
comparison sheet as well. And that was made available to the union
as~lI.
Courtney I Right. And if we take the $300 out of there, It gets a lot closer,
oven by your figures,
Helllngl This was a first year cost proposal.
Courtney II don't think It's fair to, look at just first year We're looking at a
long term position here If we have to have some Initial clean-up,
Ulat's fine. 1 want to look at the long.term plcturo here
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that's t1n& I want to look at the long-oorm plctur& here
lIelllngl But that InlUal clean-up figure IS both In the contract as w&1I In the
malnoonance worker coste<! out, so It would come out of both of th~
for comparison for future years
lIoroWltzl I agrm With Daryl and I took that out also, but I still came out
Wllh a large difference. A larger difference than I'd like to lusUfy,
because you ~av~ to J.d~ Il>your equipment and supplies on top of It
O'6'l)Il1tcr Darwtn ~tef'ine point out that It's my understanding that
thertl was $4000 for cleaning supplies budgoted, also, along Wllh the
Malnoonance Worker I. That's thtl Information that we'd received,
HoroWltzl But that's not In f;number,
~y.lIVln' Darwin .I..iil. i U that was pointed out earlier by ML Larson.
That would 00 a cost over and abovtl-
Larsonl That would 00 In addition to cost.
Janetl What wo'rtl saying Is If that figure was accuraoo,
TAPE CHANGE TO REEL 90-al, SIDE 2
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I don't know why we're geWng costed for It again. I guess, on the
other hand, If that's an accuraoo figure, you can add $4000, and, I
think, W(l'd 00 pretty close. I'd have- The other problem with It was
the 0.5 FT. 1.5 Insooad of 1.3 and then that h& added the supervisory
tn, If you get my-
Larsonl Wtlll, each of us just has to make up our own minds, where W(l come
down on numoors. You've got plenty of support for either view, I
think, on how you Inoorpret It
JanfttM1......:11 don't mean to oolobor tho poln~ I'd just point out, that even
In lha cutodlal worker column, he stUll has 1.51nsooad of 1.3, and we
don't agroo with his justification for the .5, and hopefully you might
consider those points, And then h&'still adding the supervisory cos~
and wo'rtl suggesting that's a resource you already have h&re, that
supervisory.
Courtney 1 That 0,2 difference, Dale, comes because of the rest breaks, paid
holidays, vacation, and sick leave, primarily?
Holllngl Yes. It's lust a comparison of. the contract says it's 225 hours a
month, And the contractor will decide what days that's worked, and
so forth, but that's shows us that many hours of work. What I was
trying to show was how many full time equlvllent people we would
need to prOVide 225 hours of actual work, and that's-
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Janft t~'i'f You're saying they don'llak& breaks then?
HelUng/ You~, ~'re not buying that Ume, If their emploYllr Is the
contractor, wants to glvo them bf&aks, that's Cine, but ~'re not
buying paid breaks.
Larson/John, I have, I s" no com~lIlng reason to change my vote to. wo
should attempt to do something With the contract As I pointed out
last nlgh~ If that doosn't work,lrs much easter to r&SClnd the contract
If wo're not saUsCl&d and If aU points of the contract are not OOlng met
We're looking at a one year contract, are W& not
HelUng/ That's right
Larson/I don't OOUm that at any Ume, I didn't have any f"Ung that there
was any kind of chicanery Mlng handle1 b~re With any fjgur~ from
anybody. And I think I've read them all,l understand th&m all, and I
think It's Ume that W& put this aside and go on to other business, And
If that takes a formal vote tontgh~ I'm ~rf&CUy wtlllng to end It right
here,
McDonald/Is there a majority of the council, Who wants to r&(onslder the
dlrecUon that was given to staff at last night's informal m"Ung?
There's not a majority.
Kubby !I'd Uke to voice my strong obJecUons In not considering,
r&(onslderlng this Item,
McDonald! Ok~,
Janot~M" Thank you
McDonald! Thank you. Item '7. I'm sorry, Is there anyone elso Who would
like to address the council about any It&m that doos not ap~ar on this
ovenlng's agenda?
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McD/ This particular application, the reason It was on here, did come In a
day or two la~. Because, and the reason It Is on here, I told stall to go
ahead and put It on b&(ause at the time of our appolntmonts wo
wan~d to make sure that we had good repr&Sentation from our
surrounding communlti&$, Annie actually would b& a repr&S&ntative
from West Branch.
Mov&d by Ambr., s&cond&d by Kubby to appoint Annie to the
Affordable Housing Task Force.
Allin favor of the motion-
Motion carries,
Co\!fYloy / Whon Is tho first mooting of tho task for~?
McD/ S&pt. 27,
Atkins/ Room A, Public Ubrary, Wo also havo mootings sch&dul&d for Oct.
16 and Nov. 6, Wo will bo announcing thoso at tho mooting. Wo havo
sch&dul&d threo In a row,
Nov / Th&S& aro of course public mootings and anyono who fools IIko coming
and IIs~nlng may do so.
Atkins/If tho Task Forco, and I was going to provldo It undor my roport If
you want to walt until thon. I want to oxplaln a couplo of thoso things,
okay,
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Agonda
Iowa City Council
Rogular Council Mooting
Soptombor 18, 1990
Pago II
ITEM NO, 9. CITY COUNCIL INFORMATION.
jM (fA /
, ITEM NO. 10 . REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY,
a, City Managor, '
lM 11M)
b, Clly Al1ornoy,
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McDI City Council Info, Mr Courtney
Courtney II guess I have nothing this evening
McDonald I Ms. Horowitz.
Horowltzl Mr, Mayor, I have two things. Number OM Is a quick OM of home
hou~kooplng. Mr. Atkins, I wonder If we could look Into a pedestrian
walkway or somo arrangement down at the Kirkwood Community
construction. They have blocked off the sidewalk and that's a very,
very busy, dangerous corridor at that point anyway. It's heavy
SoutJ1easy Jr. High kids
Atklnsl Where In particular, Susan? Just on their side of the street?
Horowltz/On their side of Ule stroot What they're doing Is having kids lay
walk, go over to Ule otMr side, to tM south side of Kirkwood, and
right at Ulat point, Ule sidewalk ends. I'm sure It's lust a temporary
prOblem,
AnoUler asp<<t,lust last wook, Mrs Novick and I had the honor
of representing Ule council at Ule Iowa League of Municipalities
mooUng In Sioux City. This Is a mooting of ail local elected officials
Ulroughoutlowa,large cities, small cities, Intermediate clUes, It Is
always a pleasure to go to Ulese, Not only do we exchange a lot of
Information, we learn some Ulings, we also Impart some of our
wisdom, J'm continually pleased to find that not only do we have a
top flight staff, who certainly do an awtullot of background work,
preparing us for some of the decisions we make, but I think we have a
pretty good council and mayor to boot, I had a good time; talked
about solid waste, learned some.
Kubbyl You could'vo said Ulatln a neater way,
Horowltz/l think wo did you well In our pre~nting Ule city and this council
Ulroughoutlowa, and I appreciate Ule chance to do Ulat
McDonald I Thank you, Mr, Ambrtsco,
Ambrlsco/l also have two Items, Mr, Mayor, OM of which may have been
spoken of before It has to do wlUl our bu~s, The bus that goos to
Sycamore mall I Ullnk ends In that parking lot. I've had a discussion
with a person who Is not only elderly, but has some kind of handicap,
and needs avail herse\l of services In EWastdale Mall. Didn't we talk
about Ulls before? Is It at all posSible to swing Ulat bus ovor to
Eastdale mall somehow?
Atklns/lf I recollect, Bill, and I'll go back and check for you on that, I think
at OM time, when John Lundell, our transit manager, was counting-
how It would do with the timing, Ule scheduling and all that business,
I think, he was watching It I'll ftnd out for you. I remember, you've
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reqlJested Ulatln Ule pasl I Ullnk a couple 01 you.
McDonald/1 have received requests at various Umes on Ula~ because It's
only a block,
Ambrlscol Tho Easldalo Mall, I think, Is almostltlled to capaCity With
buslnes~ and prolesslonal services Ulore, Ulat's Why Uley n~ to go
there. While I know It's only a short walk, II a person Is hale and
Marty,lrom Sycamore to Easldale, 1/ one has a handicap, It b<<omes
Impossible, I would like to see 1/ It's at all possible.
Helllngl 111 Ilnd Ulat out lor you.
NovickI Bill, con I add something,
Ambriscol Yes, ma'am,
Kubby I I had talkM M!ore about lor Ul~ hiarty ~pl& Wno came across
Ule stroot to do so salely b&causo there Is so much tra!llc Ulere, I was
wondering 1/ we havo a pedestrian IIgh~ to have all 01 them be red
and have walks In &Very direction, as one posslbtUty as a sale way to
get across Ulere? As Is don& on Ule corner 01 Madison and Iowa
Atklnsl All red, to have Ulat signal?
Kubby lit's all red,
Atklnsl That street and someWhere elso,
Courtney I Court and Muscatin&, and it backs up oorrlble In the morning. I
Ullnk you'd have tralllc backed clear up onto Ule highway
Kubby II wonder 1/ during the day time.
HoroWltzl I don't know What to say about Ulat elUler, b&causo It's Ule early
morning hours, around school time Ulat you also have all the
phYsically and mentally challenged kids going to GoodWill at the very
same time. How they cross thm has ballled me. ever since I moved
to town, It's getting more and more dangorous. I Ulought we were
looking Into a pedestrian crosswalks there,
Atklnsl You've asked us to work With Ule mall and see 1/ we can get a
walkway on Ulat southwest corner Irom the mall
HoroWltzl And What happened?
Kubby I Thore's a big steep Slope,
HoroWltzl Yeah, I know.
Atklnsl And It does enter Into the parking lot, and Uley have boon
someWhat reluctant to Mal With parking lot related Issues, I think
you remember the recycling bin and all that /lap, We haven't given
up on Ulat trying to Itnd another wrinkle to encourage Ulem. I really
Ullnk, It'd be to Ulelr economic advantage, b<<ause Uley're very
clearly getting a patoorn 01 tralllc Into their. 01 Shoppers going Into
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'9 page 3
tlJe mall. On tlJe all red, l'Ulalk to Jim and SOO If tlJere Is somelJung I
tlJlnk you're right about tlJe PhYSically challenged folks tlJat go
tlJrough tlJere,
HoroWl12/ By tlJo sarno tokon, It I can follow up on Karon's and BUI's, J
tlJought wo wvre going to lOOk Into crosswalks at tlJe McDonald's, on co
McDonald's got up and running. &cause tlJere Is no cross tlJore, from
tlJe Mall Drive over to McDonald's. There's no Sidewalks at McDonald's
and tlJe kids are crOSSing Ulere WltlJtlJe.
HoroWl12/ Thm's a stop sign tlJero; tlJero's not a crosswalk tlJere?
HoroWitz/ That's It That's t~ tlJere's no crosswalk tlJere,
Atkins/ Okay.
HoroWitz/ Wo wvro going to walt unUI McDonald's go up and running ~for&
woreally.
Atkins/ Yeah, tlJero might 00 sometlJlng In tlJe mUl I'm lust not awaro of
And I'll follow up on tlJat traltlc slgnaltlJlng,
Ambrlsco/ The otlJer Issue tlJat I'm roluctant to mention, What's become Ulo
most famous str~t In al of Iowa City, tlJo Infamous now, mayttold
Road, last Friday nlgh~ I didn't get a chance to get ovor to Ule gamo
Of Ule decade ootwoon City High and West, so I was home and I
received a phone call from a rosldent Ion Ulat stroot about What had
transplrod after Ule signs Ulat Steve and Ule Superintendent Of
SchOOls had workOd out to place on Ule NorUl side Of Maylleld Road.
Thoy wvro temporary Signs, someWhat like a real estate signs Ulat you
have In your front yard It you're selling your home; two prongs on I~
you sUck It In Ule ground, It says "No Parking This Sldo." WolI, I ~nt
ovor Ulero WiUl a Witness, my brido. We wvro In an Intormediate sizo
car, and she was drlYing,
CourtneY/Where'd you get an IntermOdlato sized car, from Ule neighbors?
Ambrlsco/ Yeah, we borrOWed it It was precarious, going down ootw~n
Ule two IInos of parked cars, because Ule folks Who I assume wvro at
Ulo ball game, had pUShOd over Ule "No Parking" Signs so Ulat Uloy
weron 't vislblo, Thoy had just stompOd Ulom Into Ule ground, and
everybody parked on Ule norUl side of Ule strool So I obsorvod Ulat,
wvnt home, triOd to call Ule manager, ItlJlnk he was at Ulo gamo. But
Stovo had already soon Ulls Ullng, I didn't know It at Ulat timo. So It
ondOd up WlUl Chlof Wlnklehako taking a look at It I also got ahold of
Jim Brachtol just so I could have some Witnesses to What was gOing on
So Uley Issu&<! a lot of UCkels, and I know wv have a lot of Irato
ClUzens out Ulere Who park&<! on Ule norUl Side, so Ulere you are,
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Steve, tako It lrom there I don't know Ule answer at all
Atklns/ I really thought we were doing the right thIng In tryIng to
accomodate them, and BlII's right Absolutely Ignored It, and
mrybody up and down there got tickets
Kubby / Maybe the second time is What we need to look at to s~ tl they're
wtlllng to get a second ticket
Ambrlsco/ Yeah, I really think the Idea Is good, and that game draws more
lans than any game probably until they get to play-olls or something
like that
Atklns/ I'd give It one more weekond at the very least. I do know that alter
5111 called and I heard about It later on, your calling, Jim drove out to
take a look at It also, There are all sorts 01 wttn&Sm to What you're
saying, 00& 01 the olllcers actually had to call In lor another ticket
book. I \',';\5 at the end 01 the line, waiting to get Into the game, it was
lined up all the way down to Maylleld. And you could look and S*
Ule little pink tags up and down the street I've not had a complaint
yet In the ollice. But they were pushed over I think that was the
thing that I found most dlstrublng They actually took the signs and
just pushed them over on the ground. And parked anyway. Give Itat
least one more crack at It
Ambrlsco/ Does Regina ever play City High? I think It deserves another
chance, That's all I have,
McDonald/ Thank you, Ms. Novick
Novick/I wtlljust concur with Susan Horowitz, that we both thought the
League of Iowa Municipalities meeting .....as a good learning
experience,
McDonald/ Very good, thank you. Mr. Larson.
Larson/ Thank you, I appreciate your handling that convention for us and
learning things. Two Items of congratulations, John, not tied to
anything too timely, Other than that, we got our Iowa City "TranSit
Rider Analysis' from Johnson County CXouncll of governments and the
city council received It I'd like to congratUlate everyone associated
with Iowa City Transit for reversing the trend toward decreasing
ridership. And lust as Importantly I think congratulate the people of
Iowa City for taking advantage 01 It Each and everyone of us In our
city Is subsidizing the bus service because It Is part of a vital
community, lust like Parks and recreation facilities are. Twenty-eight
thousand riders this year, the lIrst time since 1983 that there has
been an upswing In ridership. I think that John McDonald deserves a
lot 01 personal credit. I think that the marketing that has been done
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69 page 5
With federal money and state money has ~n to some degree
responSible, and ( Uunk. that's encouraging to show that Jl you
educate the pUblic about What their bus system does for them, that
they'll respond and use It I thInk Uley deserve some congratulations
Secondly, and not tied to anything In particular, Is we've got a
new shertll and a new pollee chief for a IItUe While now And from
my position In the crlmlnallusUce system, I think that they're
working together Everything that the City of Iowa City has had of
cooperation In those two postions for many years, And I'd like to
congratulate them for the work that they do together, They've been
doing some drug Investigation work that hasn't been done In many
years In this county and city to the extent It's being done now. I ~e It
In the arrests that are made ( see It In the level of transactions being
made, And I'm glad that our pollco chief took the Initiative along
With the new shertll and has done a tremendous lOb That's not to
criticize anyone before, but when you have new blood, sometimes It
easier to get things started, (think that the people In the criminal
justice system are ~ejng results (wanted to congratulate him for
thaL No particular honor associated With I~ but thewy'vo applied for
some joint grants together and they've done some good work and
there have been some good arrests that, haven't necessarily gotten
big pUblicity, but I think It's an on10lng thing that's of benefit to the
community, (think we have to have enforcement and education to
get at the drug crl~s, There are drug programs and other things that
the city and schools have gotten the publicity, I think the
enforcement end of It Is moving along nicely also. (have nothing else.
McDonald I Thank you, Mr. Larson. Miss Kubby.
Kubby II have one Item, and It's to both Inform the public and council and
maybe some stall about a ravine In between North Summit Street and
North Dodgo StreeL There's a alley that connects the two, And there's
a ravine on one side Of that Where thee's been a lot of concrete
dumped down into the ravine, When I got a call about It, and I
thought, well, some concrete and tlthat sounds bad, but whon J went
down there and stood In the ravlno and looked up at this wall of
concrew Where before thero used to be grass and trees, and there was
this sort of natural drainage way. It's now klda of blocked by these
blocks of concrete, I was kind of appalled, and how the concrete got
there was, a couple neighbors on the other side of the alley had
allowed some people to come In and put Itll dirt Which actually
Improved Ule alley and made It not so bumpy. But the also dumped
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69 pag~ 6
thiS conml\) onto thrw dtH~r~nt poopl~'s prlva~ pro~rty I talked
to Rick Foss Who has talked to Linda aboutl~ and agrees that It's not a
good thing and that What should hm hap~ned IS that sInce they
~re using city right or way that they should have gne through somo
prO(~s to get ~rmlsslon to do these things But they didn't and It's
ktnd or a low priOrity So What the remedy IS IS ror tho thrw
neighbors to get together and to go to court over this to find some
remedy I lust want.?d poople to 00 aware or this OOCause If Ulls starts
hap~ntng and nothing IS don~ about It, It can hap~n again and again
OOCau~ It's chea~r to dump It on th~ right of way of an alley on
someone's prlva~ pro~rty 011 a ravine than to haul It to the land rill
and pay tM tipplng!~ I don't think this should bo a patt&rn that WY
should allow to continue. So II the residents do pursue this In a leagal
form, I would like the city to lOIn them It It's not a high enough
priority, although mayoo With the para.legal. time to do thiS af~r a
little While, to InlUa~ SOmething, at least ~ would loin In WlUI Ule
neighbors I'd like us to look Into It again.
Atkins I Where Is tha~ at North Summit and North Dodge?
Kubby I North Summit and North Dodge, Is the alley way. I can give you
names and phone numoors or neighbors,
Atklnsl And you've talked to Rlcl: already?
KUbby I Yes. And I gu~s another point about thiS Is some or the fill dirt has
boon dumped on some trees that screen one persons property from
the alley, and those tms have been so disturbed that they mayor
may not survive, WhIch Is the natural screening for one pro~rlY
owner, So thal's another problem; they're having damages oosldes the
concre~ wing dumpOO
HoroWltzl TtIvy know Who did It?
Kubbyl Yes.
Larsonl Well, that's high enough priority that I think the cIty ought to look
Into It and not rely on a private law suit
Novicki Don't you think the city could just rorce a-
Atkln/lllegal dumping Is Illegal dumping
Larson I I don't soo there Is any big problem to enforce that
Atklnsl As soon as ~ get all the facts togother. I think you're correct-
Larson/We spend hundreds of hours talking about environmental ordinances
and regulaUons, and When someone violates the law, we
Kubby I Yes, I'd say this Is an environmental Infraction
McDonald I I do think there are some other cIrcumstances Involved In this
Wo can find out
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'9 pag~ 7
G~ntry lit's not that.
Larsonl No W~ can look Into It
Gentry IY e5 we Will
McDonald I Okay. Anything else, Karen?
Kubbyl No. Thank you,
McDonald I Thm Is one thing that I was asked to bring up, and I think It's
something that II you're not awar~, tl the publiC Is not aware 01 I~
they'll 00 s~lng a lot more about It In the next tew days It's an ev~nt
that's going to 00 held at the OOglnnlng ot n~xt \'lOOk. The Farm
Progress Show, Which Is a major mnt that's going to 00 right down
the highway In the Amana5, In th~ sam~ area Wher~ the World Ag
E:<po ""'35 h9ld a roUpl9 of Y9ars ago, But this particular miit draws
many, many people from all over the country, and even torelgn
visitors. Normally, this type 01 event would only come to an area
every, Irom What I understand, lour to five years. TM Grea~r Iowa
City Chamoor 01 Commerce has ~n very Involved In this, They are
Involved In some ot the activities that are going to 00 going on, II
anyone would like to become Involved, they are taking volunteers tor
this, and all you would have to do Is phone the chamber oltlce In tho
next thr~ days, It you'd have some tree time at the OOglnnlng ot next
wook and they'd be able to explain how you might be able to h&lp It
you have an In~rest In this area, It Is an Important &Vent tor the ar~a
and It Is qul~ a slgntllcant ~venl
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McD! City Manager
Atkins! Yes, throo Items this evening
The first one Is the ract that on Sept 27, 7 pm . Room A at the library
we Will have our first meeUng, otrlclal meeUng or the AHordable
Housing Task Force. That meeting Is likely to 00 an organizational
mooUng Going through some or tM details or how we would like to
conduct business. We do have scheduled that evening a Ron
Henderson Crom our Assisted Housing Program Is gOing to be there to
explain to the task Coree some or the eldsUng programs that we have
With res~t to the Assisted Housing. Also we would like to 00 able to
provide to the Task Force an update on the Issues associated With the
Sycamore View Projecl My plans With r~s~t to the task Corco aro
that at each evening we would have some sort oC educational
component That collectively they could hear about some or the things
that are gOing on In the community With res~t to our Issues oC
dealing With aCCordable housing. We Will have a minute taker. We
Will do our oos~ If we can't do It live, we Will have It taped so that It
could be run during the course oC the month, I Will 00 recommending
to them that evening that, If all goes well In our mooting In Oct, that
Will be some sort oC a publiC hearing, Whereby the Task Force would
have an opportunity to hear What other Colks might have to say about
the Issue oC aCCordablUty. I will be encouraging each member oC the
Task Force to contact anybody and everybody to come, s~nd your
Clve minutes to tell us Wllat you think the issues are, And compile all
oC those. Ho~Cully we Will have time that evening to also allow
members or the Task Force to also present some or their Ideas In a
reasonably concise Cashion so that we can begin gelting some rool Cor
what the community says. And thltn we Will begin picking up a series
or meetings aCter that, Then maybe break down Into some sort oC
committee structure With a large 27 member group we are gOing to
have to Clnd some sort oC work program. That's the plans Cor the 27th
It Will be an open meeting. The press and all sorts oC Colks will be
notiCled,
Kubby! For the public hearing, can we advertise that With something more
than a small ad in the pallOr.
Atkins! Yes,
Kubby! Posters on the buses.
Atkins! My point Is that you have a large task Coree Who each has someWhat
oC a constituent group they represent. And I Will encourage each and
everyone oC them, you put the word out We Will write letters to
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Realtors and developers, the more traditional kinds of things that we
might do. I want to encourage people to come and tell us What your
Ideas are, tell us What your concerns are. This Will all get recorded
They Will then be complied and wo Will at least have some fool for
What the community thinks about the Issue.
The second thing Is the plaza fountain has now been classlfled as a
sWimming pool by the state. It's been classlfted as a sWimming pool
and therefore we have to meet all kinds of new pumping, treatment
and water-what I'm telling you Is I think the fountain Is going to have
to be shut down or we are talking about a huge expense to be able to
satiSfy the new state regulations We lust put In a couple thousand
dollars of new pump equipment last year all for naught.
McD/ How and Why did this come about?
Atkins/ How? The state passed a law. Why?
McD/ Was someone VISiting In town from that partiCUlar agency and
happened to walk by It or What?
Atkins/ Dale coordinates most of out legislative activity and you know, Dale
and my offices are right across from each other, It was one of those
you wouldn't believe this one, 'an artlftclal basin such as a water
fountain shall not be available for SWimming or wading unless It
moots the requirements of',
Kubby / Can we put a sign up that says no sWimming or wading.
Larson/It there something we can do to modify to exempt It.
Atkins/ Yes, you can probably block It off and tell kids to stay out of It.
Larson/I have always thought It was a real attractive nuisance type hazard
to slip on the bricks and things like that. I would be Interestoo In
lOOking at the options to mako It safe and exempt from that kind of
law.
McD/
Atkins/ Our concern Is that we are talking about recirculating water systems,
pressure gauges.
Larson/ Would It be eaSier to restrict access to It.
Atkins/It would be easier to restrict access. The challenge I would pose to
you Is how.
Courtney / Enough newspaper vending machines down there,..
Atkins/I just wantoo you to know that you may hear about It and."
Kubby / The Doslgn Review could come up With something that would help
but visually o.kay.
McDI Obviously you don't want to go to the expenditure to meet these new
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r~ulaUons When do ~ normally shut tllat oft?
Atklns/ Pretty soon.lt's oft now I assure you WiJ are not gOing to 00
spending anymore money on It
McDI Are you gOing to be lOOkIng at dltforent tlllngs to do Wltll tllat.
Atklns/ We looked at It and kept coming back to What do W& do.
KUbby / Can we lobby to repeal tllat Se<Uon of tlle law.
Larson/ We got SIx montlls to worry about It.
Atklns/ It's one or tllose kinds of Issu~.how come my kIds can't play In Ule
fountaIn sort of Issue,
Third Item. You remember about two montlls ago I brought to you a
proposal about financial assurance from tlle landfilL I complained
loudly about Ul& DNR rVglllaUons and tlle fact Ulat many of Ulem In
my ludgement and In tlle judgement of tlle bond council were pa~nt1y
lII~aL The DNR In tllolr Wisdom has de<lded to go ahead and present
tllem anyway. I would like to Challenge Ulose r~ulaUons In some
type of lettor. It does Simply make no sense What so mr. We have
not concluded our decisions yet on flnanclal assurance. We have
talked about an organizational- R~ardless WheUler It Is Ulls council
or some oUler organization, tlley are still going to have to fuUIII
financial assurance. And Ulo disappointing Ullng Is Uley are going to
try to make rul~ Ulat simply make no sense Whatsoever. I'm going to
talk to Ken Heney, bond counsel Witll Ule flrm, he has been
helprul to me, We Will be Issuing a letter to Ule DNR)
Horowl I talkod to an awtullot of people about tllls at Ulls convention,
flnanclal typos, They really are batCled by Ulls, It's a quasi-
assurance.lnsurance and venture capitaL I would be WIlling to ~sUry.
Courtney I Getting back to Ule fountain. I hope tllat ovorybody that Is
watching Ulls and everybody sitting out t.here would take Ule
opportunity to wrl~ and call your state 1~lslators about how stupid
tllts tlllng Is.
Horowl Or wrl~ back to us Wltll creative Ideas.
Larsonl I have novor understood how we let people wander around on
slippery WiJt bricks at tlle age of 2 montlls on up. Dumbest tlllng I
have ever heard of. It tllat Is not an attracUve nUIsance, J don't know
What one Is.
Horowl Just walt till 000 of your own,
CourtneYI It's sUIl not a SWimmIng pool. It's a fountain,
Ambr I In tlle words of Yogt ~rra,It's deja vu all over agaIn.
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McDI Ms G~nlIy
Gentry I This Is a nice opportunity to get the lump on the press, w1I1ch rar~ly
oyor happens You usually havo things happening In tho Press CItizen
and then you call me later Today I met wtth the Board or Review on
Heritage CableYlslon TMro was an Iowa Supreme Court ca~ that
came down reconUy that really closed up our opportunities on tax
as~mont appeals We ~tUed thO 19M assessment today
Larsonl ~Wed as In gave In?
Gentry I We compromised. That Is on record today In the court house. or
course, Shawn wtll pick that up tomorrow-
Today I receIVed, today and yesterday, I received two Inquiries. One
rrom Marian Karr and Ind rrom Dan Hudson The ResoluUon Trust
Corp. Is worklng on 3 de3! wtth Dr.johnson on the Holiday Inn, This
means tllat.thls Is a done deal. This means that Pineapple
Management wtll be out or the picture as or Nov, \, no longer
managing. So there Is a posslbUtty that the FTle, the manager for the
ResoluUon Trust Corp., wtll be operaUng the Holiday Inn as or Nov. I.,
by agroomenL I talked to j~ Holland on the ramlllcaUons or this
legally. It Is an unknown qu?Stion.
Larsonl So as not to panic the stall and people at the Holiday Inn, It Is really
up In the air what exacUy this means, What It means Is that we may
bo a step closer on getting It sold, It may mean that It Is going to be
slower In getting It sold,
Gentry 1 And we really don't have any Idea, I lust wanted to make It clear
that we are not hiding any balls and II anyone wants public
Information on this, we wtll give It to them,
Larson/llust didn't want to panic the stall and the people that rrequent the
place, Thoy are doing a good lob down there and It's operating and It's
Importalit to the city that they continuo to operate and do as well as
they can.
Gentry 1 Someone called Marian Karr, Inoorestingly enough, and asked II a
government agency could bo aSSigned a liquor license So we may
have the FTIC running Chauncey Swan's I thought you should know
Larson I...
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Agonda
Iowa City Council
Rogular Council Moollng
Soptombor 18, 1990
pago 12
ITEM NO. 11 . CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND
CITY CLERK TO ArnST AN AGREEMENT BETWEEN MMS CONSUL.
TANTS OF IOWA CITY, IOWA AND THE CITY OF IOWA CITY FOR
PROFESSIONAL ENGINEERING SERVICES FOR THE NORTHWEST
SANITARY TRUNK SEWER PROJECT,
ITEM NO,12.
Commont: Tho Northwosl Sanitary Trunk Sowor sorvlco area Includos tho
dralnago aroa gonorally doscrlbod as bolng boundod by Molroso Avonuo on
tho south, tho curronl city limits on tho wost and north, and Unlvorslty.
ownod proporty on tho oast, Prollmlnory construction cosls are osllmatod
10 bo $1,000,000.00, Tho nogollatod foo for onglnoorlng sorvlcos Is
$54,600,00, All project C0515 810 to bll rocQvgro~ \h!Qygh a IspoOn foo.
Public Works rocommonds approval 01 this rosolullon.
Action: Ilull, / ',(~IJ"... 1 lIi/'flII"'.
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CONSIDER A RESOLUTION AUTHORIZING AND DIRECTING THE FlUNG
OF AN APPUCATlON ON BEHALF OF THE CITY Or: IOWA CITY WITH
THE U.S. DEPARTMENT OF TRANSPORTATION FOR A GRANT UNDER
SECTION 8 OF THE URBAN MASS TRANSPORTATION ACT OF 1864, AS
AMENDED, FOR TRANSIT OPERATING AND CAPITAL ASSISTANCE
FUNDING, AND DESIGNATING THE CITY MANAGER AS THE CITY
OFFICIAL AUTHORIZED TO EXECUTE AND PROCESS SAID APPUCA.
TlON,
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Commont: This rosolullon authorlzos JCCOG to submlland admlnlstor Iowa
City Transit's FYOt UMTA Soctlon 0 grant application, Tho prolocts are:
$182,890 In fodorlll oporatlng asslslanco, $17,281 (75%) 10 robulld two bus
transmissions, and $2,250 (75%) 10 roplaco an oxlstlng stoam cloanor.
Acllon:
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McDI Moved by Ambr., second by Larson to adopt the r~lution. Discussion.
Atklnsl At last evenings Informal meeting, you sent me back to come up
with other Information for you with respect to this Issue, Before you
vote I would like to ask Chuck, you have not offlclally decided that
thl~ I~ what you aro going to do, How critical I~ It to volo thl~
r~lution and begin the engineering work when In fact the decision to
proceed with the project has not been made Could this In effect be
postponed without seriously affecting the project
Schmadakel Yes, It should be delayed.
Atklnsl So, we will recommend that you defer this matter and not act on It
until you actually conflrm that yes we will proceed with the,
Amlir II withdraw my motion.
Larson/l withdraw my second,
McDI Moved by Larson, seconded by Kubby that Item 'II be deferred
Allin favor of the motion-
Motion Carries,
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Agonda
Iowa City Council
Rogullll Council Moollng
Soplombor IS, 1990
pago 13
ITEM NO. 13.
CONSIDER A RESOLUTION AUTHORIZING THE CITY MANAGER OR
HISIHER DESIGNEE TO SETTLE CLAIMS UP TO $10,000.
'\'~
Commont: This resolullon authorlzos tho City Managor 10 approvo
selUomenl on claims up to $10,000. The curronl authorlzod amount Is
$3,000 which was enactod In 1979. This Incroasod authority will allow
sotllomonl of tho malorlty 01 proporty damago and liability claims against tho
City 01 Iowa City,
AclIon:
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ITEM NO. 14. CONSIDER A RESOLUTION AUTHORIZING APPUCATlONS FOR 25
UNITS SECTION 8 EXISTING HOUSING CERTIFICATES AND REQUEST.
.~ ING FUNDS,
Commonl: Tho Oopartmont 01 Housing ond Urban Dovolopmonl (HUDl has
oncouragod Housing Authorltlos 10 proparo and file an appllCllllon lor
housing as tho nood arlsos rathor than 10 walt lor a nollco ollund availability
(NOFA), Basod on the Housing Authority's porformanco during the past
yoars and 08lty loaso up 01 provlous addlllons, Ills anllclpalod that an
appllcaUon lor addlllonal units will rocolvo favorablo consldorallon, An
appllcaUon lor 25 Iroo.standlng cortlflcalos will bo submlllod, Spoclflc dollar
amounts aro not known al this limo. Jusllncallon lor thoso units. wo have
In OXCOSS 01327 namos on our approvod wailing list and an addlllonal 296
In procosslng,
Thoso units will bo admlnlstorod by tho Iowa City Housing Authority and will
moroty bo an oxlonslon 01 tho oxlstlng program admlnlstorod by tho Housing
Authority, Addlllonal slall may be requlrod, bul will nol be requostod unlll
altor unlls aro awardod.
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McD/Moved by Larson. se<onded by Ambr to adopt tile resolution
Discussion,
KUbbyl Could you give me OM example at H,OOO, S5,000 and S 10,000
Typical kinds of claims.
Atklnsl The other day we had a claim ror one or our trucks that slid Into a
car during an ice storm and It was S6,OOO worth or damage As we
proceed,lt's a n~otiating process We ended up settling the thing
We had a resolution that said S3.000 L~al had an old resolution on
rue that said, It least It had not ooen ottlclally adopted, that allowed
something greaoor than, It b&came clear that we were actually
confused as to what our authority was There Is no magic In S 10,000.
It you would pick another number that Is tine With me With S3,OOO,
given the kinds o! claims we have, it would save bringing all or U1ese
things back to you each time, When you run Into a car this day and
age it Is at least S5,OOOO damage anymore.
Hov./ Is this city "I! Insured or Is this authorization to agree With the
Insurance company.
Atkins/It's a IIWe bit of both. I would be able to pretond to give you all the
details of how we have our Insurance coverage. We are primarily
Insured to the tlrst I don't remember what the number was, that we
do a sel! Insurance up to a certain amount Then we have a stop loss,
That's generally how we do It
Hov/ And the SlO,OOO Is probably more than the self Insurance.
Atkins/It certainly is, It would be an accumulative number afoor we "We
for so much. I think that Is how It works.
McD/ Rollcall.
The resolution Is adopted,
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McD/ Moved by Larson. ~onded by IIorow to adopt the resoluUon
DIscussion.
KUbby / I have a quesUon tor Ron Will we end up getUng a dollar amount so
we can play around With What Sized unit
Ron Henderson/ Not In the typical program, the dollar amounts are not
available. They Will de~rmlne What size cerUtlcates, they put the
dOllar amount on them. Be<ause ot the FMR that Is used In that
program,
KUbby / Once that Is done can you SWlt(h things around.
Henderson/ In the vOucher program we are able to but not In the cerUflcate.
KUbby / So thon Will the teds then look at our watUng list to ~ What our
neads are In order to mab that decision,
Henderson/ We dotermlne our own neads, We are requesUng 17 /lne-
~rMm (ertl!lcalos, 6 thrw.oourooiii certJiica~s and 2 tour bedroom
cerUflcates, The reason tor the dlstrlbuUon Is that we try to balance
around the cost ot a two'bedroom Which Is how they figure their
allocaUons,
KUbby / How many people are on the list (or three-bedroom?
Henderson/ I bellevo right now we have 12 on the three'bedroom list and
were are presenUy prOViding tor eight three.bedroom units. So we
are almostdoubUng that capacity.
Kubby/ I know With three and tour'bodrooms, they don't move very (ast
and I( you are on the list you could be on there tor a long Ume.
Henderson/ A relaUvely small number Will be on Ulere tor a very long Ume.
Horowl We are these 327 people. Where are they slaying now?
Hendersonl Any scenario you Wish to devise Will prObably be accurate.
Horowl That Is terrible.
Kubby I They spend more than 30~ ot their Income on housing,
Hendersonl More than 50~. So they are In units paying. For Instance, a
women living on AOC might be getUng about $390 and paying $365
(or a unl~ living on tOOd Slamps and Whatever else thoy can. ReUred
Individuals on social security are In that postUon quite a bit So most
ot them are under root. A majority ot them are doubled up or tripled
up Into oUler people's units.
McDI Thank you, Ron,
Rollcall-
ResoluUon ld adoptOO.
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Agonda
Iowa City Council
Rogular Council Meellng
Soptombor 18, 1990
Pogo 14
ITEM NO. 15 . CONSIDER A MOTION SETTlNQ APUBUC HEARINQ ON OCTOBER 18,
1990, ON APPUCATIONS FOR 25 UNITS OF SECTION 8 EXISTINQ
HOUSINQ CERTIFICATES.
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Commonl: SoctJon 403A.28, Stato Codo 01 Iowa, roqulros thai a publlo
hoarlng bo hold concornlng this appllcallon and that !ho notlco 01 publlo
hoarlng bo publlshod at loastl5 days prior to tho dato sol lor tho hoarlng,
Roquost Iho publIc hoarlng bo sol for Octobor 16, 1990. Soo provlous Itom
lor program spoclfics.
Action:
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Agonda
Iowa City Councll
Rogular Council Mooting
Soptombor 18, '990
Pago 15
ITEM NO. 16 .
CONSIDER A RESOLUTION ESTABUSHING MAXIMUM RENTS FOR
PUBUC HOUSING UNITS OPERATED BY THE IOWA CITY HOUSING
AUTHORITY, PUBUC HOUSING PROGRAM.
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Commont: Ronl lor lenants In Public Housing Is basod upon Incomo. As
a lonant progrossos In gaining Incomo, ronllncroasos, Whon a lonanl
achlovos a lovol 01 Incomo whoro tho ront oxcoods local rontal costs, tho
tonant movos out. By Implomontlng a ront coiling, tho tonant would not bo
lorcod to movo lor oconomlo roasons.
Tho Dopartmont 01 Housing and Urban Dovolopmont (HUD) will grant
walvors of Incomo basod ront. HUD roqulros ront collings to oxtond for only
36 months at which tlmo Incomo basod rontls again usod, Public Housing
Agenclos may ostabllsh ceilings basod upon local rontal cosls or Fair
Markot Ronls (FMR) as publlshod by HUD.
By accoptlng FMR as a coiling ront, a IImltod amount of atall tlmo Is
roqulrod. By Implomontlng ceiling rents, tho program will bonefit by not
losing high ront payors. Tho tonant bonofits by having 36 months to savo
lor a home purchase or to shop lor a moro approprlato rontal proporty.
Tho Housing Commission rocommonds adoption,
Curront ~\lQ EDlLMarkot 80nls
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2.Bodroom
3.Bodroom
4,Bodroom
$486
$611
$684
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IElloctlve 10-9Ql
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Action:
2.Bodroom
3.Bodroom
4.Bedroom .
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$630
$705
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Agonda
Iowa City Council
Rogular Council Mooling
Soptombor 18, 1990
Pago 16
ITEM NO. 17 .
CONSIDER A RESOLUTION AMENDING THE BUDGETED POSmONS
IN THE CITY ATTORNEY'S OFFICE AND THE CONFIDENTIAL PAY
PLAN,
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Commonl: Tho City Altornoy'a Olnco roquosls tho Council rolnslato tho
position 01 Logal AsslstanVParalogal at a salary rango 47, As Indlcalod In
tho accompanying momo, tho City Al1ornoy bollovos this Is a cost.saving
way 01 Improving dollvory ollogal sarvtcos, whllo also providing for somo
clorlcal rollolto tho Logal Socrolary.
ITEM NO, 18.
){AL "A
CONSIDER A RESOLUTION AUTHORIZING THE COMMENCEMENT OF
EMINENT DOMAIN PROCEEDINGS FOR THE CONDEMNATION OF
TEMPORARY AND PERMANENT STORM SEWER EASEMENTS IN THE
AREA OF IDYLLWILO SUBDIVISION TO THE IOWA RIVER, AND
APPOINTING A SPECIAL ASSISTANT CITY ATTORNEY FOR THE
PURPOSE OF PROSECUTING SUCH PROCEEDINGS,
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Action:
Commonl: This SubdMslon was approvod Juno 26, 1990, subjoctto tho
Dovolopors obtaining a atorm sowor oasomontlrom Idyllwtld to tho Iowa
RIvor, Aftor twfl.!llql1.t~c(~~lIort, tho Dovolopors lallod 10 obtain tho
oasomont by ~l1IhalIOii. Publlo Works and tho City Englnoor
rocommond approval, slnco tho outlolls noodod lor propor dralnago, This
110m wss dolonod Irom tho Councl~mootlng )1.5optombor 4, 1990,
.01'( ~ ,,) ,;' r/l1.J
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McDI ~uw th&r~ are other alternativ~ oolng re5(larched at this particular
time, council will again defer this Item to set It some other options
cannot 00 more fully oxplored,
Moved by Larson, second by Ambr, to defer until Ocl2,
Allin favor of the motion,
Motion carries,
Karr I Can we have a motion,
McDI We have received correspondence concerning this particular Issue and
would Ute a motion to
Karr I Accept a letter from Alex Kern and Dean Oakes.
McDI Moved by Larson, s<<ond by Nov, that we rO(elve Into tho pubUc
record the correspondence that we have rO(elved on this particular
Issue.
Allin favor of motion.
Motion carries,
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Agonda
Iowa City Council
Rogular Council Mooting
Soptombor 18, 1990
Pago 17
ITEM NO. 19 .
ITEM NO. 20 .
CONSIDER AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE
OF ORDINANCES OF THE CITY OF IOWA CITY,IOWA BY REPEAUNG
ARnCLE VI AND ADOpnNG A NEW ARnCLE VI, TO BE CODIFIED
THE SAME, REQUIRING ADVANCE NOnFICAnON OF PUBUC
DEMONSTRAnONS, BANNING CERTAIN RESIDENTIAL PICKETING,
AND PROVIDING FOR THE REGULAnON THEREOF, TO BE KNOWN
AS 'DIVISION 1. PUBUC DEMONSmAnONS;' AND FURTHER
PROVIDING FOR THE REGULAnON OF PARADES, MARCHES AND
PUBUC ENTERTAINMENT, BY ESTABUSHING PERMITS, TO BE
KNOWN As 'DiVIsiON 2. PARADES, MARCHES AND pUiiUc
ENTERTAINMENT;' AND FURTHER PROVIDING FOR THE COMMER.
CIAL USE OF PUBUC SIDEWALKS IN COMMERCIALLV ZONED
DISmlCTS, TO BE KNOWN AS 'DIVISION 3, COMMERCIAL USE OF
SIDEWALKS IN COMMERCIAL ZONES;' AND FURTHER PROVIDING
FOR THE RENUMBERING OF ARnCLE VII IMMEDIATELY THEREAF.
TER, TO CONFORM TO PROPER SEQUENCING OF CODE SEcnONS.
(nrat conalderatlon)
Commont: This Ordlnanco ropoals Artlclo VI on 'Uso Pormlts,' Soctlons
31.134 through 31.144lncluslvoly, and adopts tho following:
DMslon I. Publlo Domonstratlons (no pormlt roqulrod; ban on
rosldontlal plckoling: ono hour notlco roqulrod),
Division 2. Parados, Marchos and Public Entortalnmonl such as
road racos; pormll still roqulrod.
Dlvlslon 3. Commorclal usa 01 Sldowalks In Commorclal Zonas.
sidewalk days.
This Ordlnanco updatos tho curronl ordlnanco 10 oxlsting standards, and
will allow porsons to prolosland plckol on sldowalka,ln slnglo filo, without
a pormll. Tho wrltton notico roqulromontls a roasonablo balanco botwoon
cltizons' rights of spontanoous Iroo oxprosslon and tho City's nood to
protoctlls clllzons' uso of sldowalks, parks and strools, Tho Ordlnanco
was draftod In closo consultalion wllh Chlof 01 Pollco R, J. W1nkolhako and
City Managor Stophon Atkins. Tho City Altornoy's Offico rocommonds
adoplion: soo accompanying momo,
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ADJOURNMENT.
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McDI Moved by Larson, second by Ambr to give Ulls !Irst consideration
Discussion
Larsonl Linda, is the only chango since you briefed us on this the change In
th& flv& hour to one hour
Gentryl Basically. I also tighooned up language on &nforcement, That
dispersal and arrest will only 00 mad& If there is a public safety,
health and wellare concern noticed by the police olllcer
Larsonl John, I just want to say that I think this Is overdue I applaud Linda
for taking It by the horns and changing the ordinance. I think this is
an excellent balance that safe guards free speech. I never thought It
made much sense to have to go down to tho city to get permission to
prot&st something that tho city might hm done. I coul4 live wiUlout
the one hour notification mysell because I think that the pollee are
going to find out about a demonstration by the people that are being
demonstrated calling In. And therefore the pollee can go and patrol
the area to make sure that the peace is not ooing disrupted and
disorderly conduct is not ooing allowed. I don't car& about that
particular provision. The way it Is written is certainly a great
Improvement and makes a lot of sense, I don't believe It was
prompted by the lawsuit as the newspaper made It sound. Because I
know that Linda and I were talking about It a long time ago. She was
working on this oofore Defenders For life ever thought about It I
think that was unfair to Linda and the City to Imply that when that Is
not correct and could have been determined fairly easily. It's a good
move for us.
Horow/l think I would like to comment on this as well, I tend to dlsagroo, I
applaud the balance that has been arrived at this. I think the publiC
should realize that there ar&, certainly I feel that greater numoor of
hours, that thero Is nothing wrong with that And this represents a
balance that we've come down with, Th& police certainly not many
times right there They are no more than driving by. I for one am
concerned about verbal harassment, It turns out that it Is not that
easy to deal with that But, again, I think that this Is a balance.
Larsonl Protected by the constitution.
Horowl Tha~s right I think this is a balance Le~s see whero It goos.
Kubby II had a question about Section 31 about duty to disperse as directed
by the pollee Because It says
Gentry/31.
KUbby 1139, page 2. Section A where It says, 'pollce offtcers are authorize<!
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to dls~rse" and then It goos on "Is In vlolaUon of thiS arUcle For
example, you don't make noUflcaUon and poses a threat to public
h~alth, safoty or orderly flow of traffic"
Gentry / That's the change that I made that was not presentOO to you In the
earlier hour. I menUoned It to Randy
KUbby / So does that mean If someone does not give noUflcaUon but they are
not causing any problem that we are not gOing to do anything about It
Gentry / I not going to recommend arr&St The purpose of this Is to assure
that we arr&St for conduct Disorderly conduct, criminal tr&Spass,
assault Which Is verbal or phYSical, obstrucUon This is a balance to
protect free s~ech
Kubby / To me, It doesn't makes sense to even have the one hour noUflcaUon,
With this In here as Is With the an It doesn't make sense to me to have
them noUfled even If you are gOing to pollooly demonstraoo.
Gentry / I think It does make sense I think Soove AtJclns and R,].
Wlnklehake and Kay Hennessey and Dale Helling have s~nt lloorally
hours talking about 1l11s and I have also ba~ around ll1e questions
Wlll1ll1e attorneys for ~fenders For LIte and 11l11nk this Is a good
balance, 11l11nk pooplo do want to oooy ll10 law and 11l11nk Soove and
R, ]. feel very strongly about having some notice, One hour we believe
Is adequaoo time, not only for ll1e poople to get organized ll1emselves
but also for ll1e. If ll1ere Is going to 00 a traffic problem of huge
numoors Of poople shOWing up at some poln~ the police Will have time
to r&Spond In an adequaoo way. I think Ule noUce provision Is a
reasonable balance ll1at Will pass constitutionally musoor Willi
In ll1e event we try this case.
Kubby / My Idoal ordinance would be no notification so ll1at ll10re truly Is
free spontaneous,
Gentry / It Will probably take somoone at least an hour on ll1e phone to even
get organized In oorms of being spontaneous. This was discussed by
all Of us. We went all around ll1e block on this,
Courtney / It would take as much as an hour to call In off duty orttcers and
get ll1em on duty lust to protect ll1e safety of the poople wanting to
protect their free speech.
Gentry / 11l11nk you have a point and this Is a balance
Kubby / What If I saw someUlIng J didn't like and decided right then and
there I'm going to stand ll1ere With a IItUe sign.
Gentry' 11l11nk we have to 00 concerned also about ll1e constitution and the
US Supreme Court recogniZed ll1at 1M stroots and tho parks and the
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sidewalks are dOOlcated to the public way for public acc~s and
traversing Thoy m also u~ for pUblic forums for free speech And
this IS a balanco You have to look at both sides
Larson/ John, I wanted to also mention that Kay Hennessay, the new assl
city atty, did enormous amount of good work on thiS Trying to find
an ordinance that was defendable on constitutional and legal grounds
but also that It kind of fits In WIth the mood of our city that It Is much
more llooral than most Cities have In this area And despite Ule one
hour Which I say I can live WIth or WlUIOUt, I think It Is
constitutionally approvable WIth or WIthout I think she did a
tremendous lOb In pol1!'l!!g Ulro\!gh d~~ns of ordlnan~ throughout
the country. And finding somothlng that makes ~n~ for Iowa City,
She deserves a lot of crooll
Ambr / LInda, on the definition of public demonstrations we're are referrtng
to something that occurs out In the open. And not Inside a bUilding.
Gentry/ Yes.
Ambr I StrlcUy, everything Is out In the open,
Gentry I The public demonstrations In this only deals WIth u~ of the public
right of way. Public right of way and public parks,
Ambr lit doesn't address the Issue of a group of demonstrators
commandeering a public building and causing a disturbance Inside tho
bUilding. That Is handloo under something el~ other than thls/
Gentry I That would 00 dealt WIth under trespass, Then you would 00
controlling conduct rather than speech Which I have a preference for
as you have heard many times,
Nov I Linda, I had a question on the phone about Whether or not the permit
required It thoro Is only one person,
Gentry I There Is no permit required for pickets on sIdewalks right now. If
you aclopt this ordinance
Nov / If a single person and a single Sign Is gOing to walk on a sidewalk, does
It require notice,
Gentry / Yes. We talked about numoors and we talked about the federal
parks depl assigns numoors to all Il's parks around the
Washlngton,D,C. area and they have 50 here and 1,000 there, But that
WIll require R, J. and his police or someone to go out and count no~s
and figure out Which group Is WIth which and require a lot of
monitoring and we just decided It would 00 Simpler to not aSSign an
arbitrary numoor We talked about a magical numoor of 10, 15 The
Georgia ordinance limits It to 15 But In the caso of Procter and
Gamble you could accommodate large numoor of people there on the
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"19 page 'I
sidewalk qUloo safely Without a lImlUng number as opposed to another
area Where you have a lot of trafllc and It would not be safe for 15
and so we choso to not to try to arbitrarily ~t a figure or number
KUbby I With the ~rmlt.ls there a oomporary vending ~rmlt part of a
dlllerent s<<tion.
Gentryl Temporary vending ~rmlt?
Kubby I Within city plaza.
Gentry I This does not deal With city plaza. The Clty plaza Is gOing to be
another day, Look forward to It
Atklns/l just wanOO<l to point out to council Ulat we had our debates among
staff. I was probably the one that was swbborn aOOyl Sl)me ~rt of
notice requirement and given the charactor of our community we do
have a number of professional plcketors. We understand the folks
that understand the law. One of the points that I felt that was
Important to accomplish Without seriously affecting the spontaneity of
a demonstration was that When you come Into the police depl to give
tMm notice, we are going to have a little sheet: keep the sidewalk
cleaner, march In single ClIo, don/t dlsrupl I would haoo to see
someone go picket and blunder Into some Impro~r behavior and get
arresOOd simply because they dldn/t know, And that was part of the
thought process, Secondly, we do know of occasional circumstances
Where someone may want to pIcket a particular business or a sloo and
we are aware of construction activity that Is about to occur, We can at
least alert them, Please be careful, this Is going on. It/s really more of
Information rather than an attompt to restrain them In any way. It
was my opinion that one hour does not dramaticolly affect
spontaneity. It was a notiro roqulrement In but not a pvrmll
Kubby I Th& wrltoon part of it seems more of a hassle then the notification""
Gentry I It Is really very minimal Information. You can hand It In at the
police depl24 hours a day, It Is not IImlOOd to 6 to 5,
McDI Rollcall
First consideration Is approved.
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City of Iowa City
MEMORANDUM
DA T E: September 14. 1990
TO: City Council
FROM: City Manager
RE: Informal Agendas and Meeting Schedule
September 17, 1990
6:30 . 9:00 P.M. Council Chambers
6:30 P,M. . Review zoning matters
6:50 P.M. . Idyllwild Subdivision Update
7:00 P.M. . Traffic Engineer's recommendations regardIng parking
prohibitions on Chamberlain Orlve and Hampton Street
. Walnut Ridge Tap.on Fee Enabling Ordinance
. Sycamore VIew Project
. Legal Assistant Position
Custodial Services
Korean Methodist Church Sidewalk
. Executive Session (Imminent litigation)
Monday
7:10 P.M.
7:30 P.M.
7:50 P.M.
8:00 P,M,
8:20 P.M.
8:30 P.M,
September 18, 1990
7:30 P.M. . Regular Council Meeting. Council ChamDers
Tuesday
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PENOING LIST
Leasing of Airport Land for Commercial Use
Stormwater Management Ordinance Review
East SIde Storm Drainage Improvements
Environmental Issues reo Land Oevelopment
Sales/Solicitation on City Plaza
Appointments to the Housing Commission. October 2. 1990
Appointments to the Riverfront Commission and Board of Library Trustees.
October 16, 1990
Appointments to the Board of Examiners of Plumbers and Senior Center
Commission. October 30, 1990
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AGENDA
I lIem 1
2 lIem2
3 lIem3
4 lIem4
5 lIemS
6 ltem6
7 Item 7
6 Item 8
9 Item 9
\0 Item 10
11 Item 11
12 Item 12 ~I
13 Item 13
14 Item 14
15 lIem 15
16 Item 16
17 Item 17
16 Item 18
19 Item 19
20 Ittm 20
21 lIem
22 Ittm
23 Item
24 Item
25
26
TIME
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