HomeMy WebLinkAbout1992-07-07 Agenda
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IOWA CITY CITY COUNCIL
AGENDA
REGULAR COUNCIL MEETING OF JULY 7, 1992
7:30 P.M.
COUNCIL CHAMBERS, CIVIC CENTER
410 EAST WASHINGTON
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AGENDA
IOWA CITY CITY COUNCIL
REGULAR COUNCIL MEETING . JULY 7, 1992
7:30 P,M.
COUNCIL CHAMBERS
ITEM NO, 1.
CALL TO ORDER,
ROLL CALL,
'(Ie!..!)~' 1:'10
ITEM NO, 2.
SPECIAL PRESENTATION
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ITEM NO, 3.
a, Mayor's Youth EmPI.k:nt ~,.:..~ Annual Awards,
MAYOR'S PROCLAMATION ~
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a, Therapeutic Recreation Week, :ru''1 IJ.~ III I I ~~;;l, ,
CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED DR
AMENDED,
ITEM NO, 4.
a, Consider approval of Official Council actions of the special meeting of June
22. 1992, and the regular meeting of June 23, 1992, as published. subject
to corrections. as recommended by the City Clerk,
b, Minutes of Boards and Commissions,
(1) Parks and Recreation Commission meeting of June 10. 1992,
121 Board of Adjustment meeting of June 10. 1992,
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{31 Planning and Zoning Commission meeting of June 1 B, 1992,
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141 Civil Service Commission meeting of June 19, 1992,
(51 Broadband Telecommunications Commission meeting of May, 20,
1992,
c, Permit Motions and Resolutions as Recommended by the City Clerk,
11) Consider a motion approving a Special Class "C' Liquor License for
Pamela Jo Sabin. dba The Kitchen, 9 5, Dubuque St, (Renewall
(21 Consider a motion approving a Class 'C' Liquor License for New
Walt's Ltd" dba Memories, 928 Maiden Lane, IRenewal)
(31 Consider a motion approving a Class 'C' Liquor License for Field
House, Inc,. dba The Field House. 111 E, Coilege, IRenewal)
141 Consider a motion approving a Class 'B' Beer Permit for Dubuque
Street Deli, Inc" dba Fries BBO & Grill, 5 S, Dubuque St, (Newl
15) Consider a motion approving a Class 'C' Beer Permit for Sinclair
Marketing Co" dba Sinclair Retail #14025, 2153 ACT Circle,
(Renewal) ,
16) Consider a motion approving a Class "C' Liquor License for Oldies,
Inc" dba Golden Oldies, 1910 S, Gilbert Street, {Renewal}
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Agenda
Iowa City City Council
Regular Council Meeting
July 7,1992
Page 2
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(7)
Consider a motion approving a Class 'C' Liquor License for Six
Twenty, Inc., dba 6:20, 620 5, Madison, (Renewal)
18) Consider a motion approving a Class 'C' Liquor License for Maxie's,
Inc" dba Maxie's, 1920 Keokuk, (Renewal)
19) Consider a motion approving a Temporary Outdoor Service Area for
Maxie's, Inc" dba Maxie's, 1920 Keokuk, (July 24 and July 25)
(10)
Consider a resolution issuing Dap,cing permit to Memories & Field
House, See e.Kir.... t(dddftJ'1A/
Consider a resolution issuing Ciga;ette permit, 'Su. e dl'eV dJ~'mc.-
1111
d,
Resolutions,
11) Consider a resolution accepting the work for the sanitary sewer, storm
sewer, water main and paving Improvements for Hickory Hill Ridge
Subdivision,
Comment: See attached Engineer's Report,
(2)
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Consider a resolution accepting the work for the Oakland Cemetery
Retaining Wall Rehabilitation Project,
Comment: See attached Engineer's Report,
(3)' Consider a resolution accepting the work for the supplemental
contract for North Excess Flow and Wastewater Treatment Facilities
and South Wastewater Treatment Facilities in the amount of
$270,000,00,
Comment: See attached Engineer's Report and copy of the supple-
mental contract,
(4) Consider a resolution releasing an existing and accepting a new storm
sewer and drainage easement located on the common lot line of Lots
177 and 178 of Pepperwood Addition, Part 9 and authorizing
execution of new easement agreement,
Comment: The property owner has started construction of houses on
both lots and has encroached into the existing easement by approxi.
mately 10 inches with the construction of one of the houses, A new
easement will be effected which revises location of easement while
preserving requirements,
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Memorandum from the Finance Director regarding credit report.
Memorandum from the Superintendent of Solid Waste regarding the City's
recycling programs through May 1992.
Memoranda from the City Clerk:
a. Hotel-Motel Tax Schedule
b. Work Session, June 22, 1992
Memorandum from the Animal Shelter Supervisors regaridng dog complaints.
Minutes of the May 14, 1992, meeting of the Neighborhood ,Open Space Plan
Committee,
Copy of letter from Catherine Alter of the Uniyersity of Iowa School of /5~~
Social Work.
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City of Iowa City
MEMORANDUM
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DATE: July 2, 1992
TO: City Council
FROM: City Manager
RE: Material in Information Packet
Memoranda from the City Manager:
a. ACT Development Agreement
b. Police and Fire Pension
c. Air Emission Studies - BDI Industrial Park
d. Pending Development Issues
Memorandum from the City Engineer regarding Kirkwood Avenue construction
schedule.
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Copy of letter from John Hunt of Missoula, Montana, "
Agenda for the July 2 meeting of the Board of Supervisors.
Agenda for the July 7 informal meeting of the Bd, of Supervisors.
Information from Bruce Haupert representing Commercial Lawn applicators,
regarding the proposed chemical lawn ordinance,
Distributed 7-7-92
Board of Supervisors agenda' for formal meeting og 7/9
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City, of Iowa City
MEMORANDUM
DATE: July 6. 1992
TO:' Mayor,' City Council, General Public
FROM: City Clerk
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R E: Additions to Consent Calendar
Revisions to:
4,c.(10) Maxie's - 1920 Keokukj Golden Oldies - 1910 s. Gilbert;
6:20 - 620 S. Madison.
4.c.(II) Consider a resolution issuing Cigarette permits.
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Agenda
Iowa City City Council
Regular Councii Meeting
July 7, 1992
Page 3
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(51 Consider a resolution releasing an existing easement and accepting
and authorizing execution of a new storm sewer, drainage and
sanitary sewer easement located adjacent to Lot 11, Block 1,
Chautauqua Heights,
Comment: The City maintains a blanket easement on vacated Loos
Street for maintenance of storm sewers, drainage and public sanitary
sewers, The owner of the property adjacent to the easement proposes
to build an addition to the existing structure and requests that the
easement be reduced to accommodate the location of the addition,
Easement requirements will be maintained,
e, Correspondence,
(1) Letters regarding the proposed lawn chemical ordinance from:
lal Dick and Loni Parrott.
Ibl Hamid H, Tewfik,
(c) Terri Larson,
12) Letters regarding proposed Kirkwood/Lower Muscatine project from:
(a) L. Weldon Decker,
Ib) Mrs, Stephen Maxey,
(c) Paula Brandt,
Id) Gordon Mixdorf,
Ie) L. B, Jonker,
(f) Jean M, James,
IgI H,R, Amidon,
lh) Earl M, Rogers,
Iii Marjorie Wilhite,
lJ) . 't1ormo.. Cross
(3) Memorandum from the Civil Service Commission submitting a certified
list of applicants for the position of firefighter,
('/) Memorandum from the Traffic Engineer regarding:
(al Parking prohibition on the north side of Court Street east of
Rose Aliey,
Ib) Parking prohibition on Clark Street at its intersection with
Sheridan Avenue,
Icl Parking prohibition on Oakland Avenue at its intersection
with Sheridan Avenue,
(.)
(dl Parking prohibition on Black Springs Circle,
Letter from Teri J. Franks regarding traffic on Park Road.
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Agenda
Iowa City City Council
Regular Council Meeting
July 7, 1992
Page 4
f, Applications for City Plaza Use Permits,
11 I Applications from Latin American Human Rights Advocacy Center to
set up a table on City Plaza during the period of June 21 through July
3, 1992, with the excepton of June 25 when other organizations
have reserved the location, lapproved)
(2) Application from Anti-Racist Mobilization organization for permission
to set up a table on City Plaza from which to distribute literature and
offer buttons for donations, lapproved)
(3) Applic'ation from Carol deProsse for permission to set up a table on
City Plaza on July 6 and 8, 1992, for the purpose of soliciting
signatures, (approvedl
(4) Application from Hubbard Dianetlcs Foundation for permission to set
up a table on City Plaza on July 6, 7, and 11, 1992, for the purpose
of distributing literature and offering books for donations, (approved)
(5) Applicatio'n from the Senior Center for permission to set up a table on
City Plaza during the period of July 31 through August 7, 1992, for
the purpose of selling raffle tickets, lapprovedl
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16) Application from Iowa City Ecumenical Peace Committee for permis-
sion to use the area around the Peace Pole on August 9, 1992, for a
commemorative service. (approved I
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g, Applications for Use of Streets and Public Grounds,
(1) Application from Anne Jennison for the use of Tracy Lane for a
Neighborhood Watch Dessert Potluck on July 2, 1992, {approvedl
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END OF CONSENT CALENDAR
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Consent Calendar page 1
Courtney/ Moved by Ambr, seconded by Nov. Discussion.
Ambr/ I have a question on f.3. Does Madam Clerk know for what
purpose that solicitation for signatures Is all about.
Larson/ It hasn't happened yet. Isn't tomorrow the 8th.
Atkins/ It happened the other day. It was an application for
solicitation and as I understand it, the cause was 'Nobody for
President.'
Larson/ Isn't his name Perot.
Atkins/ Nobody was on the application.
Larson/ You generally just approve those so long as they are not
profit making for individual events.
Atkins/ There are several criteria. One is profit making issue and
secondly, just simply the demand. We have a lot of groups that
demand-that want that space and we can only accommodate so
many at a time. Generally folks are pretty good about It. They
come in and apply. We get the calendar out. Give them
whatever open dates that we can fit in, Normally we try to
keep it to just a couple of days. This time of year there is a
real big demand.
Ambr/ Do you have a written polley on that Steve.
Atkins/ I don't know. I don't think so.
Ambr/ It is just your call.
Atkins/ The fire-
Ambr/ I look at this list month after month, meeting after meeting.
Whether it Is capricious or somebody who is really serious
about something. There doesn't seem to make any difference.
That plaza Is for everybody, I grant that but it also has a
tendency to clutter things. Cause some disruptions. I would
like to see some more firm guidelines.
Atkins! We do have a plaza ordinance. I am not sure exactly what It
says. I don't have It right in front of me.
Gentry/ It is In the process of being re-worked. First amendment
still applies.
Kubby/ I like having the groups down there. It draws people down
there also,
Gentry/ But there are restrictions and Marian and I-it Is one of the
things we are going to look at.
Ambr/ It draws people there alright. I would like to see it firmed up
a little bit more than what It Is,
Courtney/ Any further discussion.
Roll call-(yeses)
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Agenda
Iowa City City Council
Regular Council Meeting
July 7, 1992
Page 5
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ITEM NO, 5.
PtANNING AND ZONING MA TIERS,
a, Consider setting a public hearing for August 4, 1992, on an ordinance
amending the Zoning Ordinance by amending Section 36.27, General
IndustrialU-11 Zone, to permit grain milling and processing as a provisional
use,
Comment: At the request of General Mills, Inc" staff has prepared an
amendment to the Zoning Ordinance to permit grain milling and processing
in the 1-1 zone subject to certain provisions, The Planning and Zoning
Commission will review the proposed amendment at its July 16, 1992,
meeting, Due to the Council's Juiy meeting schedule, Charles Mullen,
counsel for General Mills, in a letter dated June 30, 1992, requests that the
public hearing be set prior to Commission consideration of the proposed
ordinance, If the Commission has not concluded its deliberations on July
16, the hearing may be continued to the August 18 Council meeting,
Action: ~ / k.6
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b, Consider a resolution approving the preliminary and final plats of Westport
Piaza, Iowa City, Iowa, ISUB 92.00111 (60.day limitation period: July 13,
1992.1
Comment: The applicant, Wal-Mart Stores, Inc" is proposing the subdivi.
sion of a 28,09 acre parcel of land located south of Highway 1 West and
west of the Iowa City Airport into four commercial lots, At its June 4,
1992, meeting, by a vote of 4-11D1erks voting nol, the Planning and Zoning
Commission recommended approval of the preliminary and final plats of this
subdivision, In a staff report dated June 4, 1992, staff recommends
approval of the plats subject to resolution of deficiencies and discrepancies
and approval of the legal documents prior to City Council consideration of
the finai plat, All plat deficiencies and discrepancies have been remedied;
the legai documents have been approved by the City Attorney's Office but
have not been signed by the applicant,
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Agenda
Iowa City City Council
Regular Council Meeting
July 7, 1992
Page 6
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c, Consider a resoiution approving the final plat of Mount Prospect Addition,
Part V, Iowa City, Iowa, and authorizing the execution of an Ancillary
Agreement between Frantz Construction, Inc" and the City of Iowa CitY,
Iowa concerning stormwater management obligations for Mt, Prospect
Addition, Parts V-VIII,
Comment: At its April 16, 1992, meeting, by a vote of 6-0, the Pianning
and Zoning Commission recommended approval of the final plat of Mount
Prospect Addition, Part V, a 25-lot, approximate 7,6 acre residential
subdivision located east of Sycamore Street, west of Grant Wood Elementa-
ry School, along the north and south sides of Lakeside Drive extended,
subject to approval of all legal documents; submission and approval of
construction plans and detailed storm water calculations; and Council
authorization of construction of the Sycamore Street trunk sewer line, This
recommendation is consistent with the staff recommendation included in a
report dated April 16, 1992, The legal documents have been approved by
the City Attorney's Office; the construction plans have been approved by
the Public Works Department, Since the City is considering a regional storm
water management facility for this area, staff recommends entering into an
ancillary agreement to permit this development to go forward,
Action: ~ J ~
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ITEM NO, 6-
PUBLIC DISCUSSION,
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ITEM NO, 7.
PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND
ESTIMATE OF COST FOR CONSTRUCTION OF THE IOWA CITY LANDFILL SCALE
HOUSE PROJECT.
Comment: This project involves the construction of a new 12' x 20' scale house
at the Iowa City Landfill, Architect's estimate for the cost of this project is
$35,000,00,
Action:
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Agenda
Iowa City City Council
Reguiar Council Meeting
July 7, 1992
Page 7
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ITEM NO, B.
9;)' ,gol
CONSIDER A RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF
CONTRACT AND ESTIMATE OF COSTFOR CONSTRUCTION OF THE IOWA CITY
LANDFILL SCALE HOUSE PROJECT, ESTABLISHING AMOUNT OF BID SECURITY
TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISE-
MENT FOR BIDS AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS AT 10:30
AM ON JULY 29, 1992.
Comment: See Comment above,
Action:
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ITEM NO, 9 -
PUBLIC HEARING REGARDING A $75,000 LOAN TO UNITED ACTION FOR
YOUTH TO AID IN PURCHASING PROPERTY AT 422 IOWA AVENUE,
Comment: This public hearing is being held to receive orai or written public
comment regarding a $75,000 loan to provide funding to United Action for Youth
IUA Y) for the purchase of the property at 422 Iowa Ave, for Youth Social
Services, Purchase price is $160,000, The City will provide $115,000, $40,000
through Community Development Block Grant Funds and a $75,000 loan, UA Y
will secure a separate loan for the balance,
A memorandum from the Director of UA Y regarding their fund raising plan for the
matching 1993.94 CDBG grants is attached to the agenda, '
Action:
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ITEM NO, 10..
9;)- dOd
CONSIDER A RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL
ACTION FOR THE AUTHORIZATION OF A LOAN AGREEMENT AND THE
ISSUANCE OF $75,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES,
1992,
Comment: See comment above,
ITEM NO. 11 .
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CONSIDER A RESOLUTION AUTHORIZZ EXECUTION OF AN AGREEMENT
BETWEEN UNITED ACTION FOR YOUTH AND CITY OF IOWA CITY SECURING
PARTIAL FINANCING FOR PURCHASE OF PROPERTY AT 422 IOWA AVENUE,
IOWA CITY, IOWA,
Action:
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Comment: The resolution authorizes the City of Iowa City to loan United Action
for Youth IUAYI $75,000 as partial financing to purchase the property at 422
Iowa Avenue, UA Y ag'rees to repay the loan at 5,8% interest at the end of one
year, UAY agrees to sign a promissory note and mortgage as the City's security
interest in the loan,
Action: J1LA J cfw...un..J
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#10 page 1
Courtney/Moved by Ambr, seconded by Horow. Discussion.
Ambr/ Mr. Mayor, I would just like to comment that I personally
very pleased with the manner In which this piece of property
Is going to be acquired, the methodology of financing. But more
Important I appreciate the extension of the services that Board
of DAY and Mr. SWaim are doing for the community. All you
have to do Is look at the house that they have occupied for
several years and see how well It has been maintained. Kept it
architectural proper. I think they will do the same thing with
this building, Stop the encroachment of our usual....type
habitats In this area. I support this whole heartedly.
Larson/ I want to comment briefly about that too, As I looked for
things that fit Into my philosophy with how government has to
work anymore. This Is a great example and Jim Swain
deserves the credit for putting together the public, the federal
and the local communication and cooperation. It says the city
will provide $115,000. We are getting $40,000 from the
federal government from our Block Grant program and we are
just using our auspices to guarantee that he will get a better
Interest rate for the loan and to help him out In getting that
money, They are going to go out to the public and there Is an
Incentive program for them to get this done by asking the
public and businesses for It. That kind of cooperation between
federal government, good local people like Jim, and the public
and businesses are the only way we can get at the problem
that government Is being ask to deal with. I just want to
applaud Jim for getting that done. The credit Is not ours. It
goes to Jim.
Ambr/ To the public. The Jim we are talking about Is Jim Swaim. If
you haven't heard that name before.
Kubby/ If anyone would like to participate as part of the public you
can certainly send donations to the Youth Foundation on Iowa
Ave.
Larson/ Thanks.
Courtney/ Any other discussion.
Jim Swaim/ I appreciate all the comments that were made but I
really want to make clear that the city also-the city finance
director In particular, Don Yuculs, was Instrumental in helping
get this developed and It really Is a partnership with the city so
I do want you all to get a little bit of credit.
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#10 page 2
Courtney/ Mutual admiration.
RolJ call-
The resolution is adopted.
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Agenda
Iowa City City Council
Regular Council Meeting
July 7,1992
Page 8
ITEM NO, 12-
ANNOUNCEMENT OF VACANCIES,
a, Mayor'S Youth Employment Board - One vacancy for an unexpired term
ending March 27,1993, IRobert Lehnertz resigned,l This appointment will
be made at the August 18, 1992, Council meeting,
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ITEM NO, 13..
CITY COUNCIL INFORMATION,
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ITEM NO, 14. REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY,
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a, City Manager,
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b, City Attorney,
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ITEM NO, 15-
RECOMMENDATIONS OF BOARDS AND COMMISSIONS,
a. Consider recommendation of the Civil Service Commission that Council
approve the certified list for the position of firefighter, This list is included
on the Consent Calendar under Correspondence.
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#13 page 1
Courtney/ City Council Information.
Kubby/ I wanted to find out If we are checking In with the Law
School Clinic about the Lawn Chemical ordinance to make sure
that we are on schedule. We had kind of a six week schedule
and with our past history I think it would be good to check in
at three weeks just to make sure that we are on task.
Gentry/ Knock on the door to see if anybody is home.
Kubby/ That would be great.
Gen try / I wlll.
Kubby/ The other thing is also related to the Lawn Chemical
ordinance. I want to make sure that people knew that
tomorrow, Wednesday, July 8th, that there wlll be a forum
sponsored by Individuals who are opposed to the ordinance
that are part of the lawn chemical Industry that wlll have some
speakers to talk about lawn chemlcais, their safety or not
safety. That wlll be happening tomorrow night at 7:30 In the
public library, room A. There wl11 not be a live broadcast bu
there wlll be a re-broadcast on the government channel.
Gentry/ It wlll be. We found out that there wl11 be a live.
Kubby/So it wl11 be live. You can tune In at 7:30 tomorrow If you
can't make It down to the public library. So come and listen to
that perspective on this Issue and decide for yourself.
Gentry/ On the library channel.
Horow/ On the library channel.
Gentry/ Yes. Uve.
Larson/ I had one Issue a citizen of our city wanted me to bring up.
The more that I thought about it the more I thought that it
might be something appropriate for city regulation. And that Is
that apparently when you get a car phone installed now you
can get an option whereby If your phone rings and you are not
in your vehicle.which usually ends up being a pickup truck.
your horn wlll go off until you answer it. It is being used fairly
extensively by contractors to let them know when their phone
Is ringing In the pickup truck. Then they come in off the Job
site and answer it. I don't think that It is right. I think it is
annoying which would be enough reason for me to want to ban
it. But more Importantly I think that it Is a safety
consideration. That I think car and truck horns ought to be
reserved for alerting other drivers to safety problems. I don't
think that they should be used to alert the owner that the
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#13 page 2
phone is ringing in their car or truck. Without adding a lot of
items to city stafPs agenda, I think that It wouid be a falriy
simple thing to say that If common sense hadn't told you that
this wasn't a good Idea-maybe the city laws might have to. But
If you could take a look at that and tell me whether you tWnk
we could breach the First amendment, at least that much, and
do something about that
Nov/ Ask them to cany It with them. Bring It on your belt while you
are working.
Larson/ I think that is the klnd of thing that I wouldn't have much
trouble saying you can't do because you can just take that
phone with you If you want to buy the one you can carry with
you. There are options that the contractors have been able to
get by with until now. I think this Is something that we need
to nip It In the bud.
Kubby/ Seems like It would save them time anyway without running
back and forth to the job.
Larson/ I haven't heard their side of It yet. But I thought that I
would mention it.
Courtney/ I think you will.
Larson/ If we could take a look at that. It won't be the first
contractor that has been mad at me. Do you think you could
find time to give us a brief opinion on that.
Gentry/ I have a priority list to give you this week.
Larson/ Put It somewhere near the middle to bottom half.
Gentry/ I wlll add it on there and give It a number.
Larson! Thank you. That Is all, Mr. Mayor.
Nov/l would like a little report on what Is happening with our
Lexington Ave problem. Have we heard anything more.
Atklns/ Chuck, the Director of Public Works, and I spoke this
afternoon. Chuck is In the audience. Won't you come to the
microphone for a moment. It Is our at least immediate opinion
that our cost of installing this speed humps is probably
inconsequential, Given the nature of capital projects as you
know them to be. And when Chuck and I spoke this afternoon,
he is going to attempt to design something. The problem that
we have is that the street is so short. We don't want to create
the wash board affect but at the same time be abie to use the
speed humps to slow folks down. The project in New York that
we used as an example was every 200 feet. As you know,
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Lexington Is 400-500 feet long tops and two speed humps is
not going to make a dramatic difference. I would hope and we
are talking about yet this year that we would have this thing in
front of you and ready to construct.
Kubby/ I have seen-my folks live in Belview, Washington and at
their house they have speed humps that are maybe 30 feet
apart and there are three of them in a row. Different
communitles have different expanses.
Atklns/ He has to be careful there. I don't recollect any curb and
gutter. Careful with snow and lee accumulation between the
thing. Those are the kind of Issues that I think Chuck is better
equipped than I to answer. But, yes, we will have something
for you,
Larson/That Is what I want is Chucks opinion about whether we are
going to need these Burma Shave type signs. Speed humps,
more coming, going to get hurt, slow down. That kind of thing.
I think as long as we warn we can worry not as much about.
Atkins/ We need some kind of warning that there Is an obstruction
in the street. How many signs that will take, I Just don't know.
Schmadekel Just have to check it.
Kubby/ When you say Inconsequential, does that mean $200, $2,000,
$20,000.
Schmadeke/ I would say less than $2,000.
Atklns/ I am assuming it would be force account work. We would
purchase the hot asphalt like we normally would and put our
crews in. There Is a design standard that Chuck has. That Is
what I meant by Inconsequential.
Ambr/ We had a number of discussions relative to a person whose
application to be able to operate his business In Iowa City's
suburban areas. Pepe's Ice Cream. I received a nice letter
from him at home. I assume all the other cOllncllors did too,
That he is going to go ahead and have his business anyhow. I
have no objections with that. We did talk about whether or not
the business needed to be regulated In some way. With the
guidelines that he personally has set up for himself,
considering the areas of safety, the hours of operation, he won't
encroach on the people In the d.t. area. I think that he Is
entitled to go ahead and let free enterprise take a shot. I think
everybody has the opportunity to then succeed or fail. I don't
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#13 page 4
think we as a councIl should stand In their way. They have
done It successfully elsewhere so let them go ahead.
Courtney/ We have had some discussions In your absence about It.
Gentry/ It Is on my priority list.
Courtney/ This list will be coming out It was determined that we
really didn't have anything Inn the ordinances to prohibit It at
this time and we will have to decide whether we want to put
something in or not.
Larson/ I think whether we prohibit him or not, I think we need
some kind of general rule that we can have some regulation In
case someone comes in that doesn't have this self gUidelines
that he has. We need to be able to restrict the poor operator If
we get one.
Ambr/ Some circles In the free world, this Is a dark day. First they
Installed llghts In Wrlggley Field and now they have moved the
Cubs to the western division. The battle Is not over yet. That
Is all I have.
Horow/ Over the past couple of weeks we all received the green
pamphlets about recycling and curbside recycling will start
next week. There Is also only eight weeks more of summer
vacation and It occurred to me today that It might help some
parents as It might help me to suggest to our children that If
they have access to extra garbage cans with llds-to take those
garbage cans and clean them, Inside and out, and then take a
can of palnt and a palnt brush and palnt recycle on the garbage
can. It Is up to the parents discretion as to whether they are
going to pay the kids to do this or not. I would also suggest
that they ask If any of their neighbors need to have this done.
Eight weeks Is a long time. This might take up maybe a couple
of days. I think It would be a good Idea. And this Is-If anyone
has anymore questions about this, call Into the city and ask.
Everything you wanted to know about recycling Is In this green
pamphlet. So-we are off.
Kubby/ So, do you have a contractual agreement with your daughter.
Horow/ She'll make one up I am sure.
Courtney/ Is that It-
We received a letter to Chief Wlnklehake from Cathy Ockenfels
and I Just wanted to highlight a couple of Items In there. Cathy
Is our officer that teaches the DARE program. Just as a recap
for this past year the public schools kicked off their first pilot
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program at Grantwood Elementary. And after an evaluation of
that program, added two more public school: Mark Twain and
Horace Mann for the second semester and Regina has
completed their third year with the DARE program, And the
graduates now total approximately 400 students, As a result of
the two pilot programs last year, the Iowa City Community
School District has requested us to double the number of
students next year to six schools In Iowa City. Coralville Pollee
Dept. recently trained a DARE officer and It appears that
Coralvllle schools wlll add DARE to their prevention curriculum
also. After much time and effort we are off and roiling. This Is
personally very gratifying to me to see. We pushed this
program very hard when It came out and it did stumble a little
bit. Thanks to the efforts In particular to Cathy Ockenfels. It Is
turning out to be a resounding success. I wish her all the luck
In the world to expand the program even more.
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#14a page 1
Courtney/ City Manager.
Atklns/ Just one quick Item to give you an update. You I' agenda has
been rather jam packed. I am sure all of you remember tax
freeze was approved recently. We have done a cursory
analysis of the legislation and reviewed our three year budget
plan. Based upon our Interpretation of that law we are
approximately $200,000 out of balance within the general
fund. While that may seem to be a lot of money, which It Is.
When we begin making some adjustments that I will be
recommending to you over the next few weeks. Hopefully we
will be able to off set that. That does Include an estimate that
our taX base which Is permitted under that law wll1 grow at a
rate of about 2% every year. You wll1 recall, the law allowed an
inflationary adjustment. However that Is not automatic. You
have a number of other hoops that you have to jump through
with respect to pubIlshlng the budget, extra publiC hearlngs-
before you are permitted to utilize that Inflationary Index. The
worst part of the story is that the State Dept. of Management Is
about to Issue guidelines on how we are suppose to interpret
that law. As you know, they are also responsible for the state
budget so I am not overly excited about what guidelines we
might be receiving from these folks, It could be weeks and It
could be months, But we wll1 have to make some moves In the
next couple of months to correct the balance problem that we
have based upon our Interpretation of the law. Again, we
should have that to you fairly shortly.
KUbby/ Is that $200,000 over the three years.
Atkins/ Yes. It is spread over a three year period.
Kubby/ It is not bad,
Atkins/ It makes certain assumptions about the Inflatlonary Indexes,
growth factors. That Is when the guesses come down.
Kubby/ What finally happened to the road use tax. Did that get
sucked into the general fund,
Atkins/ As I understand It, Karen, that whole Issue Just evaporated.
That our road use taX monies from our budget balancing
purposes wll1 continue to come In at the rate we antlclpate,
Kubby/ WIl1 most of your recommendations come form capital
Improvements.
Atkins/ I expect that most of the adjustments and what we wl11 have
to do, Is If you wll1 recall when you adopted the '93 budget
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#14a page 2
with a 1.8% increase-that is probabiy the tightest budget we
have ever adopted. Unfortunateiy that is going to be our base
budget for the next three years which allows us the ieast
amount of flexlblllty.. And we were spending down our
reserves over that three year period. I have got to attend to
that Issue so that at the need of the freeze and making the
assumption that they don't Intend to put another freeze, we
haven't gotten ourselves so far down In the hoie. I don't mean
In debt but just In flnancial distress, That it is going to take us
several years to recover. A number of years to get us In a very
positive position that we are apparently In. It couidn't take too
iong for us to find out just what the market is going to say to
us. We wlll be coming back to you falrly shortly on the bond
issue for the parking ramp. We are going to propose a generai
obligation debt to get retired by parking revenues, Our
understanding now is the credit rating houses are iooking at
Iowa with somewhat of a jaundiced eye. There are some real
serious financial problems. It shouldn't be as dramatic on us
based upon our growth. Again, I use the word growth, that is
new growth. Not value added growth, Actual growth.
Annexations and new construction.
Courtney/ Now we know what CoraIvl11e is up to. It Is going to be
particularly Interesting to watch this particular formula that
they have instituted. Being inflation based. With the efforts of
the Federal Reserve Board now and their head long efforts to
re.elect the administration by lowering interest rates, Basic
economics say lower interest rates bring on high inflation very
qulckiy. I wlll be particularly interested in watching this
backfire on the state.
Atkins/ My biggest concern stlll remalns the Dept. of Management
and the gUidelines that they are going to Issue. That is the one
the scares me the most. They are the one that has the deficit,
We didn't.
Kubby/ Can the rules be challenged.
Atkins/ We suspect that we could put it on Linda's list if she wants
to take It to court. I suspect that it can get to the top real fast
if you wanted it that way. I suspect that it could be challenged.
There is a state appeals board also. I did make the assumption
that when I went through my balancing that you have no
desire to have representatives from the State Treasurer,
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Auditor, and Dept. of Management in here telllng you what you
can and can't do with your budget. That we would not be
appealing this process. That Is something we just don't know.
Courtney/ Like having the DNR coming to visit you.
Atkins/ The old "HI, we are here from the government to help you."
That Is all.
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Courtney/ City Attorney
Gentry/ My news Is much more mundane. I have a priority llst
prepared and It does not number 344. It Is only about 20
ltems,15.20. I suspect that we may want to get together after
you have had a chance to look at It, number them and talk
about It.
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Agenda
Iowa City City Council
Regular Council Meeting
Juiy 7, 1992
Page 9
"
ITEM NO. 16..'
qJ - C)o'/
CONSIDER A RESOLUTION AUTHORIZING THE CITY OF IOWA CITY TO ENTER
INTO A JOINT PARTICIPATION AGREEMENT WITH THE IOWA DEPARTMENT OF
TRANSPORTATION - AIR AND TRANSIT DIVISION FOR TRANSIT CAPITAL
FUNDING FROM THE FEDERAL TRANSIT ADMINISTRATION UNDER SECTION 3
OF THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED,
ITEM NO, 17..
98 - Jo5
Comment: Iowa City Transit has programmed for the replacement of two transit
coaches in FY92, The two-bus purchase is part of a statewide Federal Transit
Administration Section 3 grant application, The grant is currently pending in
Washington, In anticipation of grant approvai, the City has already completed the
bidding process for the two buses, The Gillig Corporation was the low bidder with
a bid of $347,966 for the two buses, The Section 3 program is a 75% federal,
25% local match program, This resolution will authorize the City to enter into a
joint participation agreement with the Iowa DOT and a purchase agreement with
the Gillig Corporation,
Action: n..w/ ~
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CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTESTTHE RELEASE OF TWO LIENS FOR PROPERTY LOCATED AT
2118 F STREET,
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Comment: The owner of property located at 2118 F Street received assistance
for repair through the City's Comprehensive Housing Rehabilitation Program for
a total amount of $22,000, The rehab staff was contacted by the iaw firm Leff,
Haupert & Traw, informing them of the death of the owner and upcoming sale of
her property, Half of the assistance 1$11,0001 was in the form of a depreciating
lien that would be forgiven upon death, The other lien was a Life Lien that was
to be calied due upon sale of the property, On June 18, 1992, the full amount
of the life lien 1$11,000) was paid back to the City, Since the owner has passed
away and the Life Lien paid in full, both liens can now be released,
Action:
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ITEM NO, 18..
'IJ- Jot.
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST THE RELEASE OF A RENTAL REHABILITATION LIEN FOR
PROPERTY LOCATED AT 708 IOWA AVENUE,
Comment: The owners of property located at 708 Iowa Avenue received
assistance from the City's Housing Rehabilitation Program on August 25, 1987,
The assistance was for a total of $5,000 in the form of a depreciating lien, The
rehab staff was contacted on June 16, 1992, by a local attorney informing them
that the property has been sold and requesting a release of lien, $2,000 has been
forgiven, and the'remaining $3,000 has been paid, Since payoff has occurred,
the lien can now be released,
Action:
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#16 page 1
Courtney/ Moved by Nov, seconded by Horow, Discussion.
Ambr/ Is the Gillig (sp?) Corp. the fabricator of the equipment.
Kubby / Kevin Is shaking his head yes.
Kevin Doyle/ Yeah. They are the same company that Cambus just
recently bought their-when the most recent purchase bought
their buses. It is based in California.
Ambr/ They are an American company.
Doyle/ Yes.
Courtney/ So we end up with four different brands of buses now.
Doyle/ Yeah. Three at least.
Ambr/ Are the Scandias still afloat. Are they stlil with us.
Doyle! The company. The buses, yeah,
Ambr/ The company isn't-
Doyle! No. No. They went out of-they don't make buses anymore.
Larson/ Couldn't turn a profit a $175,000 a piece. How many
rickshaws can you get for $175,000.
Kubby/ WIil these buses have lifts on them,
Doyle! Yeah. They have to meet all of the applicable ADA
requirements.
Kubby/ Even though the grant money was for the last fiscal year.
Doyle/ Right. It was actually back a ways when that kicked in.
Actually, a correction. With discussion with the DOT we were
able to negotiate a 80120 split now so we will get a little less.
Nov/ Has the money already been allocated.
Doyle/ This Is part of a federal appropriation where the money Is
kind of just sitting there In Washington, But we have to go
through the application process, Actually at the time I thought
it was pending in Washington but it hasn't even gotten out of
the regional office In Kansas City, So there Is a IIttie politicking
going on about this particular grant. But hopefully it-the last
thing that had to do was a labor sign off which they finally did
at the end of June. So It Is suppose to be forwarded on to
Washington. The money has already been set aside for the
state wide application which this Is part of. We are Just
assuming that eventually that this Is going to get approved.
Nov! We are assuming then also that If it were not approved that we
would not buy two buses.
Doyle/ Well, it eventually has to get approved because congress has
already appropriated the money for this grant. The whole
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state wide grant. So the money Is there eventually. Hopefully
sooner than later.
Horow/ Use It or lose It.
Courtney/ Any other discussion.
Roll call-
The resolution Is adopted,
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Agenda
Iowa City City Council
Regular Council Meeting
July 7, 1992
Page 1 0
;',
ITEM NO, 19 -
9a- .;)07
CONSIDER A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT FOR
LIBRARY SERVICE TO RURAL JOHNSON COUNTY,
Comment: Last April 1992, after a dispute over the former Iowa City/Johnson
County library contract, a Library Contract Comminee was formed, in order to
negotiate a new contract to fund the FY1994 library services no later than August
1, 1992, A new agreement has been negotiated by the Library Contract
Committee, composed of the following members: Library Board of Trustees.
Kent Swaim, Ann Spencer and Tom Gelman: Johnson County Board of Supervi.
sors - Charles Duffy IChairl and Steve Lacina: and City Council members Bill
Ambrisco and Naomi Novick, Naomi Novick served as Chair for the Committee,
This agreement is being presented to the City Council for final action on July 7,
1992, The City Council will not meet formally again until after the August 1
deadline,
ITEM NO, 20 .
q~ . Jog'
~AAml ~/ /!w;
~v -;JrAJ
CONSIDER A RESOLUTION DIRECTING CITY STAFF TO PROCEED WITH THE
DESIGN OF THE KIRKWOOD AVENUE/LOWER MUSCATINE ROAD RECON.
STRUCTION PROJECT,
Action:
JJ.wr-!J
*
Comment: This resolution establishes street paving widths along Kirkwood
Avenue and Lower MuscatinB Road in conjunction with the street reconstruction
project, Adopting this resoiution as written or amended, will direct City staff to
prepare final plans and specifications, The project may be terminated by not
adopting this resoiution,
Action:
402-
WJf6/o/1 ~
ITEM NO, 21 .
[{PAMW / ~
1.1&
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CONSIDER A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT IN
CONSIDERATION OF THE LOCATION OF PUBLIC STREETS IN NORTHEAST IOWA
CITY BETWEEN THE CITY OF IOWA CITY, IOWA AND AMERICAN COLLEGE
TESTING (ACTI,
A
q,-r,1
Comment: This agreement has been negotiated with ACT and stipulates certain
conditions for the extension of public streets in northeast Iowa City, This
agreement is necessary for ACT to proceed with long-range master planning for
their campus area,
Action: JhitA / )/)/ CJP
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#19 page 1
Courtney/ Moved by Larson, seconded by Horow. Discussion.
Horow/ I want to thank Naomi and Bill for their time that they have
taken on this. It has been very carefully crafted. And I hope
that it works out.
Nov/ I would like to Include Unda Gentry. She worked hard on It
too,
Kubby/ This will help facilitate communication so that we don't have
to go through this time consuming process.
Nov/ We hope that it wll1 do that.
Courtney/ Any other discussion.
Roll call-
The resolution is adopted.
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Courtneyl Moved by Larson, seconded by Ambr. Discussion.
Kubbyl I had a few questions. As you can see from my tee shirt I
am very much in concert with tI1e new resolution that was
written from our comments last night. I want to make sure
that evelything is how I am understanding it. We agreed last
night that except for the segment on Kirkwood from Gilbert St
to approximately 100 feet east of Gilbert, the evelything else
will be ieft the same. So I want to make sure that currently
the street is indeed 31 all the way down. I was thinking that it
was a little narrower in one spot. But it is 31 foot all the way
down. And we are not going to be doing Lower Muscatine at
all, Just to make that clear to folks. And my last question was
that in the resolution it says that this segment of Kirkwood Ave
is to be designated as two lanes throughout. So I want to make
sure that even though it is designated two lanes officially that
there still will be in those two spots that currently have
turning lanes that those will be repainted as is.
Horowl I think there are three spots.
Fossel That is a decision that needs to be made tonight. It Is
something that we forgot to discuss last night. If the desire is
to maintain the left turn lanes at those three locations on
Dodge, Keokuk and SUlmnit. Then we are going to need to put
in lane widths there that are less than the minimum lane
widths specified by the_____ Standards. And if that
decision is to be made, then it needs to be made by a policy
making body like yourself,
Kubby I I would like to suggest that we have it be-after it is repaved
and reconstruction, that it be put back as is with new paint.
With the three lanes and the three designated.
Larsonl How much naJTOwer Is it, Rick.
Fossel Our standards for three lane streets is 37 feet wide. It will go
back at 31, so we wold be 6 feet narrower. The minimum
______ Standard is 34 feet. So it would be three feet
nan'ower.
Larsonl A foot a lane narrower than the standard. Have we got that
anywhere else.
Fossel Not on new construction. Old construction we have it on
Kirkwood and Melrose.
McOI With the reconstruction and we were to put it back in with the
same way as it exists at the moment. Do we incur \lability.
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#20 page 2
Fossel I defer to Linda,
Horowl Since it has been that way
McD/ But there is new construction taking place. Because of the fact
that reconstruction is taking place and we would not meet the
minimum standards by putting it back the same. Does that
make us more liable than what it would jf we say, for example,
as it exists right now,
Fossel The two differences that will be there Is one-that it is new
construction. The second Is that there will be a full six inch
curb which the ______ guidelines look at differently than
what is out there now. As far as changing liability I need to
defer to Linda on that.
McDI You need to look at that or can you give us an answer.
Gentryl I can give you an answer. In terms of hypothetical, Which
at this point it is a hypothetical. The question will be whether
under all of the circumstances the city acted reasonably.
Which is a standard of negligence. Pure, simple negligence.
Whether a city or a person under the same circumstances
would have acted the same to cause or not cause harm to
another. And It is going to depend on if an incident occurs on
that traveled portion. It is going to depend on the actor of the
person or the victim-what they did. The lighting condition.
E.xistence of the road in terms of weatller conditions, I mean it
is really-I can't give you a black and white answer to this as to
whether this is going to incur liability in any particular foot or
segment of llmt street by reason ignoring a standard.
Obviously you are going to have some dispute
CHANGE TAPETa REEL 99-66 SIDE 2
Gentry I a decision for the council In terms of what the council wants
to do. What they deem as to be safe and what they deem to be
unsafe and what ll1ey deem to be appropriate for the
neighborhood.
Courtney I Rick, what you have told us in the past is that the street
will drive narrower as 31 feet with curbs In it as it does now.
Fossel With a full curb, yes,
Courtneyl I guess] don't totally understand that point.
Fossel Okay. It goes back to what Is called side friction and that is
obstructions along the side of the road, If there is a 6 inch curb
there people will tend to give that a little more-shy away from
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#20 page 3
it more than they would if there is just a one inch or no curb at
all.
Ambr/ It is the perception.
Fosse/ The perception, exactly.
Ambr/ I think John's question is vel)' appropriate. For discussion I
appreciate Ms, Gentry's appropriate answer. That is the only
answer that as a practicing attorney that she can give.
However, since I have sat on the council there has been so
many attempts this council, by the city manager, public works,
by the police dept, evel}'body that has been involved trying to
make this as safe of city as we could. I think of the example
my first year on the council on North Dubuque Street. We did
evel}'thing we could to keep that stretch of North Dubuque
Street cleared of slick mud, There was a property under
construction. As a result there was a vel}' serious accident. A
vel}' serious claim was made and we got nailed and we did
evel}'thing that we could. I have another example on West
Melrose Ave. where we permitted the good people of Project
Green to plant shrubs in a place that we thought was
appropriate in a middle of a boulevard, Some negligent person
in my opinion did something wrong, He sustained a serious
accident and a serious injury and we got sued and we got
nailed and lost. So the matter of this councilor being willing to
accept some risk or continuing as we have on Kirkwood Ave, ]
do with a clear conscientious. I'll vote for the resolution. But]
appreciate your professional opinion and Unda is also still....
Larson/ ] feel when Linda says what is reasonable] don't think it is
unreasonable for us to reconstruct it at a width that appears to
be working fairly safely now. ] think-] want to defend city
staff from some of the criticism because] think it Is natural for
people to read about one issue and hear that oh, they want to
widen Kirkwood, And they immediately think that widen
means more lanes, ] think that along the residential portion of
the street most of your concern is that the lanes that are there
be wide enough to meet the standards. And] think that is
your job to tell us that these are the standards and this is what
you recommend. It is up to us then to articulate whatever is
logic and values that justify parting from tilOse standards a
slight bit in certain instances, And so ] don't think anyone was
dls-senled by city staff or by the neighbors who brought their
logic and tilelr values to our attention. ] want to say that I
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#20 page 4
appreciate Susan and Karen and maybe others whose gut
reaction to the situation was in line with what I eventually
came to. It took me a while to see the logic and understand the
values and to see how it all interplayed, I appreciate their
being quicker to do that. But I think that what we are doing
makes sense in the neighborhood and for the transportation
pattern in town. I think that it is another example of
maintaining neighborhoods above transportation in some ways
where there are other options, I hope that everyone
understands that by restricting traffic in one area you just
move it to another and this forces to make some other ripple
decisions that I think are okay for us to make. But next time
you are driving along Highway #6 understand the reason that
you are stopping a lot and the reason that there Is a lot of
people there is because we are preserving neighborhoods and
trying to do things that send people onto tlmt and on to
Burlington and I just want to compliment everybody for being
involved in a process. Especially those people that took the
time to write a real letter and not just a form letter.
Kubby/ When you talk about By-Pass #6 I conscientiously didn't go
on Kirkwood the other night to go from east to the west side of
town. I went down Highway #6 and I made it through eve!}'
single light. From Sycamore Mall to past Walmart. Historic day
for me. Encourage people as your little gift to the community is
to not even use Kirkwood and to go down Highway #6.
Larson! It works well, I drive #6 everyday. Those things are timed
pretty nicely.
Kubby/ I think this is a good example of where there are two
different documents where the city council voted on that stated
that one way we can preserve neighborhoods Is to balance
these Issues of neighborhood preservation with traffic flow and
efficiency throughout the community. One was the
comprehensive plan and the other was tlle arterial street plan.
So we conunitted twice to acting on doing tIlls balancing act. I
t1l1nk this is a good example of us Implementing tllOse policies,
So I am glad that we are headed in this direction.
Horow/ [wll! ask, however, do we-the staff wants us to change this
resolution so that the sentence "this segment of Kirkwood Ave,
Is to be designated as two lanes tllroughout." That should be
changed to be areas is," To be reconstructed as is.
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Fosse/ That is correct and just in case we brought along one that
reads such.
Larson! Could you read that change.
Fosse/ Paragraph two would be changed to read "31 foot in width
from approximately 195 east of Gilbert Street to the east
terminus of the project near Franklin Street. Within this
segment of Kirkwood Ave three lanes will be designated with
the vicinity of the intersections of Dodge St., Keokuk St., and
Summit St." I would caution, however, that if we make the
provision to take the stop signs out at Summit St., that we re-
assess that particular intersection at that time for three lanes
there.
Larson! I think traffic patterns in that whole area are still the result
of a still pending study to deal with the whole Summit St.
traffic complexities on all of those things. We are going 0 have
to look at traffic control devices throughout that area. This is
not a forever thing.
Nov/ We also should say that we are going to work out some traffic
control for Burlington and for Highway #6 so that our east-west
traffic on other streets will be more desirable.
Larson/ Thanks.
Courtney / I missed the discussion last night, Rick. I just want to be
clear on what is going to happen at the curve.
Fosse/ The curve. Last night it was decided to take the pavement
down to match into the newer pavement on Lower Muscatine.
After the meeting I went out to check it out. It turns out that
the new pavement starts on the west side of that CUlve so it
will be unnecessary to touch anything in the curb itself. So
that will remain as is.
Kubby/ You are talking about the six inch curbs.
Courtney/No. The culVe .
Fosse/ Curve into Lower Muscat/ne,
Courtney/ So that same radius stays in there where the cUlve really
remains unchanged.
Fosse/ The was the decision last night.
Horow/ Right.
COUltney / What happened to the discussion about how dangerous
that cUlve is. And the accidents
Horow/ Widening it would make it even worse.
Larson/ Widening it would increase the speeds to it. That was the
logic expressed last night. If we widened it it wouldn't make it
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#20 page 6
necessarily any safer. This was a lay persons logic, not
necessarily a traffic planner,
Nov/ But if you want traffic to slow down and you don't want to
make the cUlVe wider and easier to travel. It is not as tight a
culVe as several others in town.
Courtney/But I thought that the problem was that it started at one
width going into it and came out of it at another width.
Fosse/ That is part of the probiem, yes,
Courtney/ It is till going to be that way. It is going to change right in
the middle of the cUlVe.
Fosse/ Yes. It will remain as is the way it is proposed right now.
Courtney/ Okay.
Larson/ You have taken a lot of heat, Rick. I just want to say that
last night after the meeting at 9:30 you are out there looking at
the street and checking the widths and everything. You are to
be commended. We got a good one in you.
Fosse/ Thank you.
Nov/ Rick has worked long hard hours on this one. He deselVes it.
Kubby/ He will continue to work long hard hours on this design.
Fosse/ The rest of the office have put in the hours too on this.
Horow/ Yes they have because they have run into me on quite a
number of times, And I appreciate their diplomacy and their
sense of humor and courtesy.
Kubby/ You don't stop and talk to them, do you,
Horow/ Yes I do.
Kubby / Let them do their job..,
Nov/ Do convey our thanks to the rest of your staff. We really
appreciate the work.
Fosse/ I'll do that.
Horow/ Mr. Mayor, I find that I must abstain on this vote. There are
at least three reasons for my abstention on this vote. It is
certainly no surprise that I have prejudged this before we take
the vote this evening. I tried to remain objective over the past
four years that we have been dealing with this on the CIP. But
as we worked on providing neighborhood coalition,
neighborhood coordinators, increasing tile viability and
integrity of our neighborhoods I just came to the realization of
why should I not be concerned about illY own neighborhood.
And the neighborhoods surrounding it. So, yes, I pre-judged
this. I think that I must abstain because we did make a
contlibution to the Kirkwood Ave. neighborhood Association.
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#20 page 7
We pledged a $100. We paid $10. I have never seen such a
high paid audio vlsual person in y whole life. However since I
also contributed to the Northside Neighborhood Association
when they were working for their neighborhood I felt quite
comfortable letting my husband do this for me. I also must
abstain on the issue of potential impact on the value of our
property because I do feel very vel)' strongly that widening
Kirkwood Ave. would devaluate our property. We are proud of
our home and I therefore feel like a tigress protecting my
property. So I do feel very strongly that there would be a
devaluation of the property. For those reasons I will abstain
voting.
Larson! I don't understand this. Just last time somebody tried to
abstain we were told you can't abstain unless you have a
conflict of interest as recognized in Iowa law and none of those
is even close.
McD/ That was not an abstention. That was not voting.
Genu)'! Those are clear conflict of interests.
Courtney/This is a financial conflict of interest.
Gentry/Under Iowa common law those are clear conflict of
interests....
Larson! I don't see how they are. There are all kinds of things-I
vote on a whole bunch of things where there is a lot more
impact on each and every one of us.
McD/ Maybe you should go back and revlew some.
L,rrson! No. I got a bar association opinion on what conflict of
interest is and it doesn't make nay sense to me, If that were
your standard you couldn't ever contlibute to neighborhood
association and then vote on anything that affected that
neIghborhood. That is lidiculous. I intend to support
neighborhood associaUons that I live in and then to say that
any issue that affects that neighborhood you couldn't vote on it.
That is what we are elected to do is represent neighborhood
and vote on things that affect them. Anyway. It is a different
topic but I just don't think that that is what a conllict of
interest Is.
Horow/ Everybody knows what my vote would be anyway,
Larson! Well, I know.
Gentry! I think primarily it Is up to the council member to
determine from their own-pardon the expression-gut feelings
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#20 page 8
about it. Whether they feel that they cannot give a fair and
impartial vote,
Horow/ I have already made the decision. I think that if nothing
else the potential impact on property values is definitely what
influenced me on this.
Larson/ We do things that would arguably hurt property values
downtown. We have got several people here that have vested
interests in those property values. I just don't see it. I think
that we should vote on things. I think that should be but that
is your decision.
Horow/ Thanks.
Courtney/Any other discussion,
I am going to vote for this but I do want to make a little bit of
a protest on the CtJrve situation. You had me on all of it and I
missed out on the design phase of this discussion last night.
There are a couple of curves in town where they tend to get
tighter as you go through. The other one is om coming in from
Coralville. It really does distract motorists coming through
there and tlley are Just on nonnal curves as you go into it. The
barricade that is up there. The blemishes on it are testament
to the problems that that curve has. I just don't know how that
particular decision was arrived at and I just want to go on
record that even though I will vote for the whole project that I
think that that is a mistake. That is going to come back to
haunt us at some time,
Roll call-
GentlY/ We are voting on the amended resolutlon presented by Rick.
Courtney/ (Roll call)
The resolution is adopted, Horow is abstaining.
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#21 page 1
Courtney! Moved by Ambr, seconded by McD. Discussion.
Larson! Carol, we asked last night to check with ACT about whether
a deferral to allow the neighbors and other interested parties
time to address council would be something that would cause
them specillc problems in terms of timing. Do you have an
answer or should they address us about that?
Nov! If they're here, let's have an answer.
Larson! I just felt like I should ask the _____ whether they could
address the.
Courlney! Well I do have a meeting with them today, and it does
cause some interruption in their plans considering the long
span we have between meetings here and their schedule
getting through the PZ Comm as far as getting the construction
started in this construction year. Would at the bare minimum
necessitate pushing it into the next year.
Larson! I have a problem voting on it tonight, not because of any
problem with ACT's making. And this isn't a new issue. I think
the neighbors were given notice to some extent a month and a
half or so ago that it was going to be an issue. However, it kind
of got put on hold and I don't think the notice that they were
given that the resolution was actually going to be put on the
agenda for voting on was adequate to allow them to have their
input either indMdually or professionally through council if
tlley so chose. I don't have any problem at all with having a
special meeting between now and August 4 to consider it. I
don't think it would necessarily take too long and I guess I
would want to hear from ACT any arguments that they want to
make about the affect of deferralln respect to what they told
you, It is more a concern with the process and that we not
have something come up on an agenda where people are
getting notice a day or two ahead of time by mail. Part of that
was the holiday's fault. I don't think 11mt I could vote for it
tonight. I would certainly vote for deferral and if there is
anyone else who is interested in doing it I would move that.
But if you discuss a little bit before I put a motion on to defer ii'
ACT wanted to direct any response to that.
Courlney / I would like to point out just a little bit of history here
from the standpoint of what we direct at past meetings. We
came to a consensus agreement amongst ourselves as to what
we wanted staff to go and negotiate out with ACT and the basic
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#21 page 2
concept of this was agreed to. That we would not bisect the
campus with First Ave. That is whallllis agreement does,
Larson! I don't disagree with that.
Courtney/ So they have preceded with their plans based upon that
and what we are doing now is stopping the progress of what
they are dOing after we in essence told them that's what we are
going to do. AI] we have to do is work out the language of this
thing.
Larson/ I agree. But what] thought we had agreed to do was to
resent it to everybody, find out whether we could have a
reso]utlon that took into consideration evel}'body's view point.
I guess I thought that was being done behind the scenes. I will
take full blame as I think all council members should. I don't
think it Is ACT's fault at a]1. But somehow all of us let slip if we
hold the opinion that these interested parties should have had
an opportunity for forma] input. I missed the opportunity to
do that. I didn't stop a month and a half ago and say listen
before we vote on it lets have everybody come in and make
their pitch. I guess I was kind of thinking that that was being
done Individually and privately.
Courtney/ And It was.
Larson/ And now I find out that although it was done to some extent
In that manner, they are not satisfied with It. I don't have any
problem with letting them have more time to have that Input
and then we vote on it sometime In the next month, Like I say,
I don't think a special meeting is that big of deal. I am wllling
to Ilsten to ACT's arguments about what even a five day, 20
day, or 30 day delay would mean. But I am just not
comfortable with that precedent of voting on It before we give
people an opportunity to have advanced notice and present
their plan. I do think that they had some notice. This has been
discussed for a couple of months public]y, But the formal
notice that It was going to be on the agenda tonight was not
received by anybody untll yesterday or Saturday, That is not
enough,
Horow/ My comment about this last evening. I, too, agree that I
would not want First Ave, to bisect the campus. There Is no
question In my mind about that. However, in listenIng to the
neighbors discuss their comings and goings on North Dubuque
for 1l1e]r business and for theIr emergency purposes I-we'd be
very interested on whether ACT has any other way of
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#21 page 3
penllitting people who live on that road to continue with that
existing road.
Nov / I would like to see something like 111at too.
Kubby/ You had a great idea on how to do that too.
Nov/ Agreements, call it a private road, post whatever speed limit
you like but let the neighbors use it every once in a while.
Larson/ I guess I don't have as much problem Wil11 them driving 6
miles Instead of 2 miles as I do with the idea that they're
vitally affected by this and they ought to have an opportunity
to come in and make their pitch with more notice than they
got. I may well vote In favor of the resolution exactly as it is.
Though I have some concerns about closing that road, too. I am
more concerned that we make our decision the way we ought
to make them. That is after a full airing of all the view points.
Horow/ I would be interested on whether or not ACT and you spoke
about what we discused last night in terms of how access can
be given to the homeowners,
Courtney/ I expressed the views from last night. It wasn't exacl1y
that they are not going to be able to come up with an
inunedlate solution on the spot. Would you like to talk to us.
Dick f--erguson/ The specific question regarding the time table might
be addressed first. It is relatively clear to us that if the council
does not act on the matter in short order it will not be possible
for us to proceed wil11 construction of the project this year. We
would not be inclined to do that and have the grounds
essentially town up through the winter months and the
significance of that in the future Is an uncertainty at 1111s
moment. As regards to the matter of access to the road-
Kubby/ Before you leave that point. If it were even a two week
delay and we held a special meeting, does your statement stIlI
hold true for your plans,
Ferguson/ Somewhere along the line there is a continuum where It
would not be a factor for us, I would certainly acknowledge
that I don't know what that is because It is a matter for the
engineers and others who are preparing the plan for the
bidding and all of the rest. Everything has a timetable
associated with it, We had preceded as you would have
imagined, following the meeting a month and a half or two
months ago to hire the firms that have been doing the planning
that would get us to the point where we could accomplish it
this year. They had indicated to us at the out set that it was
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#21 page 4
marginal our being able to complete it in the time line in which
we have been operating. I really cannot speak with absolute
conviction to what would occur if it were delayed a week or
two.
Larson! Has to do with weather and everything else.
Ferguson/ It is not possible to project that I don
t think.
Larson/ There might be things we can do at P/Z to make things
quicker too, Second point.
Ferguson! The second point has to do with access through the
campus on old Dubuque Road which we have requested it be
closed. With regards to the neighbors who are immediately
adJoining property, that is a vel}' difficult question to respond
to on a large scale basis. Since obviously our interest in closing
the road is to enable us to develop the Cambus in the way we
have laid forward in the plan, The notion of whether that road
would be maintained for the long term is a major question. We
do not want to take responsibility certainly for maintaining a
road that others are using. And we do not want liability for
that in any way for that either, We have it with our own staff
but we would like not to be in a situation in which we have any
liability in that regard. Again, not a question that is easily
addressed.
Nov/ Dick, I realize that this is not easily addressed, However, it is
probably still possible that you could reach an agreement with
a neighbor and you could post it as a private road and not
allow through trafflc except for those neighbors an you could
have an agreement for a dollar a year with a hold harmless
clause and all that kind of thing. It is not exactly impossible
for them to accept the liability of using your road. You can say
that the whole contract is terminated automatically whenever
the First Ave. Extension is completed. Or whenever the
property is sold. Or whatever restrictions you feel like putting
on it. Put a one year limit on It and renew it once a year. It Is
not all that impossible,
Ferguson/ My sense of that is is that if the roadway is maintained
and it is available and open, we certainly would not be
unreasonable In allowing an access on an occasionai basis for
necessity or tile like. We don't want to be obligated to
maintain a road which we have no further use of and don't
wish, in fact, to maintain over the long term, Part of It is a
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#21 page 5
matter of retaining access to a road which we will have no
reason to use ourselves, But to the extent that that road were
there and It were passable and there was a vehicle that would
allow that on a Ilmited basis to move through the property-that
is something we can certainly entertain. As] said we are not
unreasonable in looking at that kind of an issue. But we would
not Ilke an obllgation that requires us to do something when
we can't look that far ahead as to what the impllcations of the
development of that property will be.
Horow/ Linda, is there any city ordinance that would bnpede our
maintaining that road if they had such a restriction. A
covenant or a contract with the adjoining neighbors.
GentlY/We would do it by agreement. It wouldn't be by ordinance.
If you wanted to.
Kubby/ The other issue for me that makes me want to defer this
even if it is in the short term is that when we were looking at
new accesses for northeast Iowa City we had options availab]e
to us to choose from. And we may have eliminated a few of
them right away. And here we have ellminated on right away
without looking at what the options are. And so I don't know If
there are a few at the top of the Ilst that would be considered
excellent. And then there Is t]lIs big gap and some that are
poor but possible or If there are a bunch of them clustered
around a pretty good scale. I don't want to-I fee]
uncomfortable about just saying flat out that the extension
won't go on any ACT property. I am not ta]klng about
necessarily cutting It in half but I don't know. I can't
detennlne that because I haven't seen any options.
Horow/ I would like to ask one other question. If, In the foot print
that you showed us last night. On the map that you showed us,
Could North Dubuque be left passable wltllln this restriction
and do you stili start your construction.
Ferguson/ We would not do that for the shnp]e reason that we are
talking about the investment of millions of dollars just In the
preparation for futme construction there, Millions more for a
new building that is to be built to house hundreds of additional
Individuals over time. If you recall the lay out of that
property, we are going to have a great deal of pedestrian traffic
now between our buildings that wlll only grow. In fact the
p]anls designed to encourage that as a place In which
employees and others who would be visiting the campus and
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#21 page 6
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the like would indeed have access to it and be comfortable in
traveling it. And we simply have no Interest in any
construction if we cannot be assured that the basic plan is
going to be honored and is intact. It just does not make any
sense to do that. To have a roadway going through a larger
campus with that large number of people.
Horowl Even with restricted vehicles such as we were talking about.
Almost like a locked gate,
Fergusonl First of all the road way will be under our design will be
torn up. It will not continue to exist as it exists today. If you
recall the design, what is known as Old Dubuque Road is lifted.
A good portion of It that is now passing through out campus
will not be there after constmction is completed,
Courtney I I think one of the items that we need to have a cursory
discussion on is whether there is anyone here that even wants
to extend First Ave all the way through.
Nov/That Is something that we are not going to do this year.
Courtneyl Well, I haven't really heard anyone come out to the
forefront and absolutely demand that First Ave. be extended
and connected with the highway out there.
Kubby lIt has been discussed at ]CCOG as part of-it is not officially in
there because we didn't vote on It because we wanted to talk
about it more. It Is something that is tentatively part of the
arterial street plan. So we need to backtrack on that.
Courtneyl I think we had better take a very hard look on that given
the decisions that we have been making concerning
neighborhoods. The Kirkwood decision that was made. I
guarantee you that there is going to be evelY bit as much of an
uprising as First Ave as there was on Kirkwood, I have already
been contacted by my neighbors. This Is an exercise in futility
if we are sitting here fighting this and we are not even going to
extend the damn street.
Kubby / I think it is a good question to have answered.
Courtney I Personally I want Scott Blvd. to go through and go over to
the highway. I mean that from the time that I moved in at the
end of Arbor Drive out there when they talked about bringing
it right to the edge of the city. Then it got moved out to the
east. Finally got extended out. To me that has been the logical
thing to do forever.
Kubby/ The arterial street plan has not only Scott Blvd extended and
going north on Highway #1. Having access to Highway #1 north
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#21 page 7
of the Highlander. But it also has First ave. extended. It has
both options on there. That would be another reason to defer
to make it for a short tenll.
Courtney/ You can't make that decision in time to"
Larson/ I don't think we have that decision in front of us. I am not
pushing for First Ave. E.xtended. I am one of those that said
publicly I think that that would be many years. What city
plmmers are telling us is that if pressme to develop in that
northeast quadrant continues, we may want to do that. It
would be the council's decision at that time. And I am not as
concerned about when that is going to be. I don't think that is
really that big a part of it. I don't have Karen's concern that we
are cutting off one of the options of where First Ave can go.
There is plenty of options as to where it wlll go that it would
make it okay to cut off this option considering the magnitude
and the benefit and the plans that ACT has. I just don't think
that that is the only issue of where First Ave. is going to go. I
don't think that we can decide it in the next week or two
anyway.
Courtney/ What I really object to here is that we are putting one of
our best if not the best corp. citizen we have through the ringer
on something that it shouldn't be. All we're doing is saying that
this is one place we're not going to put the street. There are
many other options that come up, and even if we have staff
bring us eight or ten options, what if the neighbors come
backing and say I don't like any of those either. Then what do
we do? The accusation was made last night that there was no
tax dollars paid here, ACT is in the top five tax payers of the
city. $350,000 last year in property taxes. Now that makes
them a citizen as much as anyone else. We're talking about an
expansion that could be as many as 150 jobs, 70% of them
white collar.
Larson/ I haven't heard anyone other t11an Karen say they want to
look at all the options about where First Avenue ought to go,
That's not my view that we have to do that. My view's solely
that of the process of allowing these people to have their say.
COllltney / I've heard from all of them. Both privately and publicly
last night. I don't know what else can be said.
Larson/ Each of us have to make up their own minds whether we
have enough input on this issue or not. I'm just saying I do not. That's just my one vote.
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#21 page 8
Ambr/ I'm prepared to vote this evening. I think we have discussed
this to my satisfaction. I know that you're always going to have
to make that decision, that somebody's not going to like it. It
might benefit one entity over another. And my decision at this
point is to vote in favor of this resolution, because I don't think
from what I've seen that we're doing all that much to harm the
immediate neighborhood. As Dimel said, you have a corporate
citizen here who apparently has made the decision that Iowa
City is a pretty darn good place to expand in. That just doesn't
happen I every community across this United States. For the
council to send a message, whether it's ACT or some other type
of organization that we have literally spent thousands of
dollars since 1983 in our support of ICAD to attract people like
tl1is to our commwlity, and to just come up and say we'll defer
this again as we deferred that road out there on Rochester
Avenue and I don't know why we did that. That decision was
made two 1110nths ago. A citizen walks up out of the stadium
and he puts something before us and too many people take the
bait and it does get frustrating, trying to show that we're a
viable council, that we do work together and that we're here to
encourage development. I just think we ought to vote this in an
affirmative way tonight. I don't think we're doing that much to
injure the contiguous people.
Larson/Blll, I respect that view and I spoke out from the beginning
saying what ACT was asking made sense to me, But why don't I
just make the motion. We can have it on the floor.
Kubby! Before you do that, in case it should pass it might public
input which in the letter that they received dated July 1 does
say it might be an option for input. I would hate to cut that off
if you moved to defer and if it would pass, It might be a
cleaner process to allow people to speak,
Larson! You wanted neighbors to address tile council tonight, Darrel7
Ambr! You know, I want to hear from as many people and they
certainly know where I live and where my telephones are. But
where are we procedurally, having the p.h, on the resolution?
Gentry! We don't have a p.h, on.
Larson! They received a letter, Blll, that they brought with them last
night that told them tiley could come to the meet1ng last night
and to tonight and express their views.
Ambr! So there has been prior notification.
Nov/ They were told that they could come and speak tonight.
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#21 page 9
Larson/ The letter did not reflect our practice with regard to public
input. It said they could come last night and tonight to express
their views. It was just hurriedly and mistakenly done.
Kubby/ So I would ask that anyone who wants to speak be allowed
to speak.
Mike Gatens/ We are here again. I live at 2045 Dubuque Road. I
work at 2041 Dubuque Road. I have a number of things.
Number 1 the reason why we have to expedite this thing so
quickly. We have not had a chance to consider counsel. Legal
counsel. One of the main reasons, our legal counsel, !vir.
Hunter's legal counsel represents ACT. That caused a big
problem. Three or four weeks ago a meeting was cancelled. I
addressed you last night that my parents passed up a trip and
stayed in town. 9 AM that morning the meeting was cancelled.
They said it was going to be tabled and we would be notified
about any other actions. I hate to repeat myself and a number
of things tonight I am going to repeat myself from what I said
last night and I apologize. But it needs to be out in the public.
I got home 8 PM Sunday night, July 5. Read my mail that
arrived probably Friday about these meetings last night and
tonight. Impossible to organize any type/of defense for this
area and the other property owners, The Hunters did not
receive and notification. They probably own 1500 acres
adjacent to this property. Ralph Kral owns 185 acres directly
east of this property. No notification. Ralph would be here
tonight. He is not physically able to be here. Hopefl1lly he is
watching it on t.v. Very very upset about your staff's
correspondence and the way you corresponded. ACT doesn't
even have legal access to some of the property they want to
work on until August 15. My family sold 80 acres to ACT in
1986. We have leased it back from them and we are notified
July 1. They gave us 60 days to notify some tenants about
vacating and gave us until Aug. 15 to totally vacate this
property. We are in the process of doing that now. They don't
even have legal access to the property wltil Aug. 15. !v~-,
Ferguson was talking about Dubuque Road and changes in
Dubuque Road. Who owns Dubuque Road. I believe the City of
Iowa City owns Dubuque Road, So lets remember the citizens-
Courtney/We would have to vacate It, Mike, Part of the process
would be to vacate the street.
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#21 page 10
Gatens/ Right. And I will address that later, Daml. I want to start
with communication and correspondence. Again notified about
this agreement on Sunday night. A number of us were not.
What are the-again, I need to mention this. It was a staff
person my father and I met with. Our time is valuable. We
made three or four phone calls to arrange a meeting sLx weeks
ago to eight weeks ago. We sit down with tllis staff person and
he really he had the audacity to say what are we meeting for.
Pretty much set the tone about what they felt about everybody
else's opinion. Maybe they didn't feel like that. Maybe that
was the intention or not. We are all busy. We all have a lot of
things on our nlinds, But to go through a process of setting up
a meeting three or four times and finally getting a meeting and
to start it like that. With a very sensitive issue. Very
sensitive. It didn't go over very well with us. Especially my
father,
Larson! So people don't get the wrong impression. Wasn't that a
staff member that you have a personal relationship with and
who was hying to stmt tile conversation light hearted and
conversational. He knew what you were there for. Didn't he.
Gatens/ I do not know, Regardless, I do not know. I don't think it
was a professional way to conduct a meeting.
Larson/ But it wasn't a sign of disrespect to your issue I don't think.
Gatens/ I don't know. I don't think so. I am not sure that the staff
person knew what we were meeting for,
Larson! I am just sensitive to complaints anonymously to city staff
because they get jumped on so many times.
Gatens/ And obviously I am quick to praise the city in a number of
ways, I am a native. I see more good things happen than bad.
There has been no public input. If we don't receive that letter
last night that was wrong letting us speak last night and I don't
like to disrupt things. My size disrupts things a lot of times.
But I didn't feel comfortable standing up last llight disrupting
your meeting, I got a letter that said I could, I have been to
your work sessions before. I know tllat we are not suppose to
talk, It directed us to come do that. So we did it and now we
have to repeat it tonight. Again, Ralph Kral and llin Hunter
were not notified. And the Larsons have 150 acres. There is a
lot of acres here. ACT owns between 200-300 acres. Really a
small percentage of the total acres affected in the Dubuque
Road closure. The First Ave Extended, And we really have to
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#21 page 11
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bring the First Ave Extended into this because on this plan that
I have seen a few times, Everything seems to secretive. The
first time I saw the plan was out there on the counter and it
just doesn't seem like we have been notified and shown some
things. You know you just feel like you know lets be up front
about what is going on, These actions as far correspondence
and communications among others tend to make this question
of what is going on and why we are not notified in a timely
manner so we have proper time to prepare. And I am sure
that ACT has spent more than two days. Really four or five
weeks ago when it was tabled and we said we would be
notified. I have other things to do. So I tabled it waiting for
the notification. We think we have some counsel ready to
represent us. We have not presented a single thing to them.
And it is not fair to him to represent us in such a short time
when ACT has had-ACT is going through a process. I know
what they are doing. Thy are going through a process. We ask
that you let use go through the process and have some input.
Horow/ Mike, I have a question. When ACT notified you of
cancelling your using the property. The lease. Did they give
you a reason as to why.
Gatensl They didn't have to, Susan. Our lease-
Horow/ Did you know what they were dOing.
Gatens/ What I read in the paper that they might build a bUilding.
We knew it could have been in '86 when we sold them the
property that we could probably lease it back for two years,
five years, ten years. We didn't know. And when they notified
us July 1 we just figured that that was notification that
something was going to happen. Dubuque Road has been there
for over 90 years. It might even have some historical value,
We do have a Hoover Hlghway now. Again, I am a native and I
don't remember a Hoover Highway but now we have one.
Dubuque Road does ave some historical value. Last night the
councll tllOught that maybe 300-400 hundred cars go through
Dubuque Road a day. I have got access to this, I am sure the
city has. It is a 1990 census for traffic counts in Johnson
County. Randy you were close. The tralJic count for Dubuque
Road is 1290, Three to four times what you thought. Traffic
count for ACT between Sinclair and Howard Johnsons, they call
it ACT Circle, 2230. That is a lot of cars through there. South
Highway #1 8100. North of 1-80 6800, A lot of traffic goes
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#21 page 12
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through that. You close off Dubuque Road, Randy, you noted it
last night. Where's that traffic going to go? We all know
where's its going to go. There are no alternatives in the site
plan where it's going to go. It's going to go down fudge and
back up Governor.
CourtneY/Wait a minute, are you talking about the Rock Road
portion? 1200 cars a day?
Gatens/ That's what it says Darrel. I believe it. You get on. My wife.
Larson/Wouldn't that be the stretch between Hwy 1 and ACT that
might have 1200, whereas continuing past ACT and down
towards Scott Blvd would be a little lower.
Gatens/ They just have it half way in between.
Larson/ llight by your house?
Gatens/ Further. Further.
Larson/ And that was just staff's guess about what the traffic load
was.
Gatens/ Yeah. Yeah. Yeah.
Larson/ But that may refer to a section tl1at's not going to be closed.
Nov/ And it may refer to traffic going in and out of ACT.
Gatens/ ACT are great neighbors. 4:30 in the afternoon they are not
great neighbors, It is tough to get out and clOSing Dubuque
Road would be really bad because a lot of people do use that
road. Especially at that time. They are
CHANGE TAPE TO REEL 92-67 SIDE 1
Gatens/ When they built on the other side of Dubuque Road with the
Tyler Building, They knowingly divided their property at that
time. ACT as far as I know, it hasn't been answered I guess it
has, they don't own Dubuque Road, it would have to be vacated.
And in their agreement, I guess they give SOme land to the
soutl1in exchange and I know who wins in that deal. ACT
proposed eXChanging the Dubuque Road r.o.w. for an east-west
unnamed road on their south border, and it's real easy to figure
out who wins in tl1at deal. What they're getting overlooks the
interstate. Is access off a lot of action. It does them, It shuts off
theIr campus. What's down below has to be done regardiess,
wlll have to be done regardless, condemned or whatever. Their
plans show no altel11ative to Dubuque Road especially in
E.xhiblt A, won't replace it. Will not replace it. They'll bring
first avenue up a little bit, go west a little bit, go east a little
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#21 page 13
bit, then brick walls. Again I know that's not going to be
constructed Immediately, but like I said last night, as soon as
things like this are approved, I consider it done. Because it is
done. The contractor just aren't out their. It's a done deal. For a
long time who knows when those projects will by done,
because of funding. It causes a major problem. E--:hibit A on the
ACT plan- ivhat are their plans? There's been talk about
building another building maybe two. The development ofthe
balance of the property could be years. But at the same time
Dubuque Road will be closed. Construction of roads like First
Ave. Extended could be years down the line depending upon
fmancing. But the roads may as well be there as soon as
decisions like these are made. Then when you stop"when you
cut off Dubuque Road. Like Dean Hunter said 1st night. You
create a drag strip for the cut off back to Rochester, Dangerous
road now. As soon as a 16 year kid know that he can go down
that road coming towards ACT and not face any opposition, they
will have fun on that road, A lot of f1m. And then they still
have to maintain that road, Somebody does, And we are
maintaining it for the Krals and the Hunters. Pretty low usage
for that amount of gravel and maintenance.
Horow/ According to Dick Brown, a Realtor, the Krals property is for
sale.
Gatens/ Yes.
Horow/ So isn't that slated for development.
Gatens/ There is a big problem with development. Ralph went to
ACT and in the southeast corner of their property. And I know
their property pretty well, It is a low area. Pretty worthless.
They-Krals wanted to go across it with a sewer easement to
bring sewer from Glasgows property and extend it through.
And they took the proposal to ACT and ACT took it to their
people and turned it down, Impeded progress for the Krals a'1d
pretty much put them back to square one, Actions like that
when people hold the cards are scary. Because Ralph Kral
doesn't have much of an alternative as far as getting sewer.
And I called Dick Brown today to make sure about that point
because he told me that three or fOLlr months ago.
Horow/ Excuse me, but I would like to ask Mr. Schmadeke how else
would this piece of property be given sewer. The Ralph Kral
property off of Scott Blvd. extended. Is there a sewer
cOlmectlon that we have projected up there.
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#21 page 14
Schmadekel I haven't looked at that property at all.
Gatensl It is a whole different issue. That is just an e,ample, I don't
want ACT feel like I am picking on them. But when you hold
the cards folks. When you close Dubuque Road and you are
holding that extra card, you are holding a lot of cards. And you
are controlling and you are affecting a lot more property than
you realize. A couple thousand acres. In tonight's paper-you
know Nh". Ferguson is concerned with traffic crossing their
campus because of pedestrians. I live out there and I work out
there and again they have built on a city road, The traffic of
pedestrians is break down traffic. They have fabulous parking
lots to the south. f"Clbulous park areas to the south. There is no
traffic animals. They have beautiful paths. I see these people
out exercising which is great bu they don't have to be on
Dubuque Road, I came across around the corn coming up to my
home and its dangerous, They are out there walking and they
are walking in the middle of the road. And the traffic in
between buildings for work, I just don't see a lot of that. I am
sure there is some but Mr. Poots out in Coralville built two or
three tunnels for his cart traffic on the golf course and that can
also be done for safety reasons and that is why it was done. If
you are worried about safety on this private road or tills public
road. They placed the original building on an 1-80 interchange
Within feet of an 1-80 interchange twenty some years ago. Did
they think traffic was going to halt on Highway #1 on Dubuque
Road just because they built there. I think is they had it to do
ail over again and hind sight is always 20..20. It would have
been beautiful to acquire the entire _____ property and keep
evelythlng on the southeast side of Dubuque Road. Of course
that is hind sight foresight. ~'h', Ferguson also sated that they
can't begin construction without an agreement. Act's expansion
plans will be disl1lpted If the agreement Is not signed soon,
What, again, Is the expediency of this. Constructjon plans might
be..we are talking about long range ramifications, And we are
talking about construction plans being delayed a year 0 sL,
months or whatever. We all ask you and I know I speak for
everyone out there. Not only In that area but throughout Iowa
City. Lets just slow down and regroup a little bit. And look at
the options, As I said last night, I thInk I could question each
and everyone of you about the number of options, Maybe not
for Dubuque Road but for First Ave E,tended. I have lived
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#21 page IS
has ever told us any optIons.
Nov/ I don't think anyone has told us the options.
Gatens/ Nobody has told you the options.
Nov/ We are not ready to extend First Ave at this point. That may
happen six years from now but with some other council making
the decision.
Gatens/ Planning-their plan does bring First Ave out and then splits
it on that road,
Nov/ We are not committed to that.
Gatens/ That is in Exhibit A.
Nov/ We are not committed to anything on First Ave.
Gatens/ Just Dubuque Road. Just the closure of Dubuque Road.
Nov/ Not say anything about First Ave.
Larson/ And that First Ave would not go through their property.
Gatens/ Right. I will get to that.
Courtney/ For not having much time to prepare you are dOing an
excellent job.
Gatens/ I told my wife last night before I went to my rosary that I
really don't ever want to be an attomey now because this
really wore me out Larson. This wore me out.
Back to the sewer thing with Ralph Kral. Since you hold that
card and what are the options on that I don't know. This is just
an example of what can happen when you hold the cards,
Maybe they don't want to see the Kral property developed
because things might be done there that they don't like. So
they stop it at the beginning. And when it borders their
property it is a solution for them to say no, we are not going to
do that. Go find another way. Another way is too expensive.
So it stops until something else happens. Until something
happens with the Smith brothers extends it. Maybe they can
hook on a different way and I think that might be the solution.
Things would have to go further east before they could go
north towards Ralph, That is SCalY when things like tllat can
be done when you hold these cards. One of our main streets in
Iowa City was closed by the erection of the Holiday Inn. Again,
I have seen a lot of things done but I think that was a huge
huge mistake. We have done this before with Dubuque Street.
Whether any of you agree with me or not that is fine, And the
best location right to the east was such an obvious options for
that hotel. And it wasn't used at that time and it is still sitting
vacant. And we are prepared to see you make a decision
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#21 page 16
tonight without knowing options. I think we need some
answers on the different options. And a little side line, That
little YOUtll corner next to the Holiday Inn needs to be address
in some ways. It is dangerous walking through there. Has
anybody come to talk to you about that. Where the kids hang
out. .
Horow/ I have gotten phone calls about that.
Gatens/ It Is scary, I don't know if any of you go down town at night
but that is-if I was a single woman I wouldn't walk down there
and that is in the middle of our downtown area. A block from
your office, Bill. It is scary.
Ambr/ The only time I am going to walk through there in the middle
of the night is I am going to be right behind you.
Gatens/ And I don't fight so you are in trouble. Non-ta'\ dollars
development. It is legal. It is great. Act had purchased land
and has built buildings with non-tax dollars. A non profit
organization. That is what tbey are. They are a non-profit
organization. They do pay property taxes. $350,000. That is a
lot of property ta'\es, Their are capable of paying those
property taxes because they have non ta'\ dollars that acquired
tlle land to build tbe buildings and to do thls development.
Northgate is now facing unfair competition. Non unfair but
illegal competition with tbe Oakdale project. That has been in
the papers and I am sure that Northgate, Southgate, those
people are tllrilled about more legal. But really no apples for
apples competition. Which this wlll be comparable to the
Oakdale project. If ACT want to build a huge development
campus, their foresight would have been better selVed by
locating in the area like an Oakdale where they could create
their own roads like Oakdale is doing. And not take away
existing roads, Of course hbld sight is again 20-20. And they
did acquire a lot of property. They own a lot of property, But,
the only thing that I tbink that they would like to change is
Dubuque Road never being there. That would have been
beautiful. It is there and that is why we are here tonight. I
know that First Ave E'\tended is going to be a whole different
can of worms, It is obvious that tllere are many options to
that. Do any of us know about many of these. A few might be
close to ACT. Theb' border, Last night as I noted ACT's west
border is within feet of the west edge of the Tyler building.
That is how close they are to their west border. You make
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#21 page 17
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agreements about not taking First Ave through their campus
and as one of you noted we might be taking two or three of the
vel)' good options right out of the picture right now. I am not
an engineer but I know the least expensive way for First Ave.
is through part of ACT's property. If it doesn't go that way
there is going to be condemnation expense. There is going to
be engineering expense. There is going to be construction
expense. ACT doesn't want to pay for it. Who is going to pay
for it. Tax payers. And it is going to be a ton. Because that
property out there is hilly and it is tough. South, between
Dubuque Road and First Ave, it's tough property. The one plan
ACT did show us and I acquired this strangely. Again, I don't
want to mention any names but it was from a bank president.
And he called me and met me and gave me this. I am thinking
why are you involved in this. I put two and two together and
figured it out. My father is out of town. I sent it down to him
and looked at it. We have twelve acres left. We have sold a lot
of property in the last few years. We have sold property to
the City of Iowa City, to Ralston Creek. We have sold property
to eh Press Citizen. We have sold property to ACT. Now we
have 12 acres left. 750 feet frontage on Dubuque Road. The
plan that I received at this lunch. Our property is a rectangle.
First Ave went from this edge to that edge and completely
destroyed the property. Split it right in half. That was a heck
of a way to start any discussions on First Ave. Extended, When
we are one of the small people on this since we have sold this
amount of property. And they are going to completely destroy
what we ave left which is a good piece of property. A dog gone
good piece of property, And one of the staffs comments was
well think of the frontage you will get. We have got 750 feet of
frontage now. We don't need anymore frontage. We have got a
piece of property out in Coralville that has 750 feet of frontage
across from the Power Company if you ant to know what 750
feet look like. That is a ton of frontage. We don't need
anymore frontage. We don't need out property bisected right
in half. like ACT Is asking for. They don!t want it. We don't
want It,
Nov/ Steve, can I interrupt for a minute. Are we committed to an
alignment of First Ave. at this point.
Atkins/ No.
Nov/ I thought our only commitment was not to bisect the property.
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#21 page 18
Atkins/ That is it. The dedication of the land is part of the ACT
agreement. That if and when you wold ever choose to extend
First Ave. They are willing to dedicate the land to us for the
purpose of First Ave, Extended, You could certainly make a
choice of not requiring them to dedicate the land. I assumed it
was in the City's best interest to be able to secure land. If
sometime in the future you would ever choose to extend First
Ave.
Nov/ But what about Mr. Gatens comment that we have a plan to
diagonally go tlu"ough his propel1y.
Atkins/ That is one of the options and you could have as many
options as you want up and down that road. It depends upon
how much money you want to spend.
Kubby/ We haven't talked about it.
Nov/ I haven't heard about it.
Courtney/ That particular option was not drawn up by city staff.
Atkins/ No.
Gatens/ By ACT's people. And the dedication of the property by
ACT-again they are getting the city to dedicate Dubuque Road.
If I am not mistaken. They are asking for that in exchange. So
they are getting something for what they are giving.' We hilVe
operated our business-my father has operated his busiriess
there with his father for 6S years, Hunters have been there
longer than us. I have operated my business there for.,over ten
years. So there is a lot of problems with us for destroying or '
property which is one of the options and I don't believe that
would be the best for us, If First Ave went between-hei'e an
option that I am sure that ACT is completely oppose of. If First
Ave. went between the Tyler Building and the existing duplex
that we sold to them along with 80 acres, To the east side of
the Tyler Building and runs comes on to Dubuque Road and
follows Dubuque Road to the back of their ioading dock area
and comes out across from the Howard jolmsons. That is an
option that we need to look at. I know that some, of the city
staff has been up to look at the properties in the area but I am
not sure that any of you really know what all these options are.
Courtney/ Do you know what Mike. I don't even want to know
what the options are for First Ave. Extended, I don't think this
council this year or next year or maybe none of us will ever
make that decision. First Ave Extended is not what is in
question here.
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#21 page 19
Gatens/ is the beginning of it. It might as well-
Courtney/ It is not what is in question with this particular resolution.
Gatens/ Exhibit A starts it and then you say that you will not.they
are also asking that you don not dissect their property for First
Ave.
Courtney/ That is correct. That does not say where First Ave will go.
Gatens/ Three or four of the options might be good options might be
touching some of their precious property, Darre]. And we are
asking that those options be shown somewhere and Jet
somebody know what these options are before you make an
agreement and put the cart in front of the horse and say okay
we are not going to even consider those options. All we are
asking is Jets see the options.
Courtney / You'have to understand that we are not going to commit
to you where we are going to put First Ave before we approve
this project. And that is what I hear you trying to get us to
say.
Gatens/ All we are asking is that when you approve that project.
Danel, you are also approving that you are not going to take
First Ave. Extended-
Courtney/ You have to understand that WE are not going to commit
to you where we are going to put First Ave.
Gatens/ I am total]y aware of that. I am not asking for that. I am
not asking for that. I am asking that options be addressed on
our property, On everybody's property of where this is going
to be. Where this could be. And before you say okay, ACT we
are not going to touch any of your property with this
agreement, ] think we need to look at those options. And if we
don't do that then everybody is going to come in and say okay
Jets make an agreement that you don't touch our property.
There are options here that none of you know about. We don't
know about. ACT doesn't even know. Of course they don't
want their property touched by it. Nobody would. Lets look
and see what the best possible solution Is before we outlaw any
of the options. With taday's landscaping. Berms could hide
Dubuque Road. You could build up berms like the Press Citizen
did. They built that hill up a little bit and you can't even see it
coming into Iowa City. And they have tons of property to the
east to develop towards Kra]s. They have Jots of property that
they could start and be away from Dubuque Road and First
Ave. And it is not like they are working with five or ten acres
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#21 page 20
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here. They are working with a couple of hundred acres. They
have a lot of room to work with. Again, where there are
financial ramifications to the Hunters and to the Krals who own
more land than ACT if Dubuque Road is closed and First Ave is
misplaces. That is not even been considered, Tremendous
financial considerations. lets ask the question why the ACT
campus can't be divided. That is a question I have yet to see
answered. Fine, the pedestrian thing. We would like to have
everything closed and everything, You didn't build on a
private road. It is already subdivided by Dubuque Road.
Plenty of land to the east and they sure thought it was fair to
show a plan completely dividing and destroying our property.
Our measly little 12 acres. They showed us that. In conclusion
and I am sure that you are all happy to hear that word, I
apologize for not talking to each and evelyone of you. As 1 said
last night I do apologize to you. I didn't feel like calling you 9
PM Sunday night. And that is public input, Darre!. As you said,
it is public input. I think this is better public input. That is
good public input. . But I also thought that I would have more
than a few hours to contact you individually and really if we
would had notification that this meeting would have been a
week from tonight, I wouldn't be here and you all would
probably be a lot happier. Ow- counsel would be here. We
would have addressed the facts to him and he would have done
a much better Job, And we as the public are quick to criticize
when we see an injustice and I want to again be quick to
compliment. I did it last night. Again, I wan to that Karen for
calling me. I did not call here yesterday. She called me. She
was one of the council members that I talked to. Randy Larson
called and left a message on my recorder and I thank them for
having the consideration of calling me. I don't know if they
called anybody else. That that is nice consideration without me
having to call them to notify me about this meeting, To get my
thoughts on what might be done last night. I want to tllank the
council for your time and appreciate the deferment of the tilis
measure hopef1llly until all the options are e.xplored and the
rest of the property owners have time to get appropriate legal
representation. I certainly not the appropriate legal
representation. We really want a professional to help us with
this and we feel we have not'had the notice and the time to get
that help. Thank you very much,
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#21 page 21
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Nov/ My I ask one question before you leave. YOll made an excellent
presentation and I am curious about what you might ave done
differently if you would have had more notice.
Gatens/I would have had one of the top attorneys in town.
Nov/ To say something other than what you have said today.
Gatens/ No. I know, with his experience, he would have come up
with ten times as many reasons why we should slow down on
this project. I am a real estate broker. I have been in the
business around 12 years and I know a few things about
development and the ins and out of Iowa City and the process.
Not like a tested attorney. And I am going to give him all of
this and meet with him. But I know that he is going to have
cases in the past that he will be able to present. I have no idea
about things like that. A number of things, mam and I
appreciate your comment. But I know that a proven attorney
would represent us tent times what I have tried to do on the
last two days.
Larson! Mike, I don't think council wants to have a full debate on all
of these things. I don't intend to, But the only comment I want
to make is that there is a reason why we are being asked to do
these things and it is a reason of substantial benefit to the
communlty. And that is that ACT wants to do this expansion.
And the timing is their choice and we have to assume that it is
a good faith choice. And so when you say why should we do
tills. The answer is because one of our best corporate citizens,
maybe our best, wants to add a bunch of jobs and a bunch of
additions to their plant there and all that they are asking is
that we commit to not doing something that would destroy a
,plan that they want to put into place now. I think that there is
a difference between asking for commitment not to subdivide
an existing developed situation. One that they want to continue
developing and saying all you other options may be to bisect
undeveloped land or to go along side undeveloped land. I just
think there is a difference between farmland, ranch land, or
future residential property and a commitment by the city to
not put a street through it or near it and someone saying that
we have got a multi million plant that we want you to agree to
not try and bisect through condenmatlons years down the road.
And I really do think First Ave is several years down the road.
I guess I just want to say that there is a reason why they are
asking for it and I think it is a good faith reason.
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#21 page 22
Gatensl I think that the only disagreement we would have is how
you defme
Courmeyl You were talking about winners and losers here. And I
think that from your perspective you are talking about you and
ACT. I want to just make sure that everybody considers the
city as a whole in this matter too when it comes to winning and
losing. A job stand point. A good clean industry that has never
caused any environmental problems that we are also concemed
about all the time,
Larsonl We shlver when you mention Oakdale. Because people can
go to OakdaIe.
Courmey I If they went to Oakdale, it is not Iowa City tax dollars
anymore. It is Coralville tax dollars.
Gatensl Is that a reason why a lot of residential development is not
in Iowa City.
Larsonl You bet.
Gatens/ You know where it is all going. I don't have to tell you why.
You all know.
Courmeyl It is going in the county because it is so danm hard to get
subdivisions approved in this town.
Gatens/ And why, I don't know, ])arrel. Bureaucracy, I don't know
why. Why do things have to be so hard. Again Randy, to
address yours, The main thing that I am standing here before
you about is the options. We don't even know them. tvIaybe
ACT would agree to some of them. That would touch some of
their property. Yeah, that looks reasonable. How can you even
consider it when you don't even know what they are. That is
my main objection tonight and if this is voted on tonight and
past. I say three or four options. I don't know. There might
be ten that you're completely wiping away because you are
saying okay-you are not going to touch that property. That is
the only reason that I am here. Lets Sit back and regroup. And
things have been pretty secretive, Maybe somebody has these
options and they are going to bring them out. ACT has got a
plan that they hired somebody out of Chicago, Maybe they
have got tllem.
Kubby/ That is not their responsibility. Our responsibility is to direct
our staff to do that if we so choose.
Gatens/ That is all we are asking then, With Dubuque Road, I think
you know how people feel about that. Any other questions.
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#21 page 23
Nov/ Would you be willing to have an access agreement for Dubuque
Road if ACT would be willing to give it to you.
Gatens/ I don't know, Naomi, how that could work without a padlock
and I don't know what the options on that would be.
Nov/ If it-
Gatens/ Excuse me. If somebody wants to use it 10-15 times a day.
Say if Ralph Krals' people want to use it 10..15 times a day.
Pretty big inconvenience but whatever the options are I don't
know.
Nov/ It could work if the neighbors were willing to agree to 15 cars a
day, If ACT were willing to agree to 15 cars a day or whatever,
Gatens/ Is there a precedence on something like that.
Nov/ It is certainly not an impossible agreement for those who feel
like being neighborly. '
Kubby/ The real question is are you open to exploring those.
Gatens/ It is an option. I am open to options, I am easy. As hard as
you think I am, I am pretty easy. Try to be reasonable. And I
don't think a vote on this without knowing the options is velY
reasonable. I thank you again,
Larson! Just so we can have a vote on this, I move to defer.
Kubby/ There night be other. I don't want to drag tllis out but there
are other people here who might choose to speak. They got
letters also. I know you all don't want to hear that.
John Clancy/ I live by ACT. I have been there for 26 years but not
as long as the____ or the Gatens or the Larsons and some
of the other neighbors. I have yet to meet one of the neighbors
who are in favor of this particular project. Either the Extension
of Hrst Ave or the ACT plans and their request and agreement.
But I am not going to reiterate but Mike Gatens has said it and
sh has said it so eloquently. I think it would be ridicules if I
went to you and said please when you extend First Ave, if you
extend it, don't put it through our property. Through my little
acre and a half, That is essentially what ACT is asking, And
you have reasons why you should extend it but we have rights
too as individuals. And we think that if plans as proposed
would in some respects destroy that little neighborhood.
Thank you.
Jeff larson/ We are property owners right next to ACT and they
have been very good neighbors to us. But I am confused and I
hope you can clarify some tllings for me. The agreement tlmt
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#21 page 24
we got in the mail does show a map with First Ave. on it That
is not-
Courtney/ TIlat is an ACT drawn map. Not a city drawn map. And
there is no-it hasn't even been discussed at the council where
we would put First Ave.
Larson! I think that what it means is that if we put First Ave to the
extent that it is shown there on ACT property, they will give us
the land to do so. If we decide that First Ave. would better be
built to the West of what is shown here we presumably not get
any land from ACT if we decide not to put it through there
properly. We would have to pay for property otherwise and so
obviously there would be an incentive to use this configuration
because it is free land.
Jeff Larson! Some of the shock value to us was that with that
alignment the road goes right through our house and so that
was kind of a shock to get that and see this and not know
whether that was going to happen tomorrow or not. We have a
small business and we plan some capital expansion plans too.
We don't want to do those kinds of things if indeed the land is
going to be condemned and taken away from us in the future.
So you don't anticipate First Ave. being extended any time
soon,
Larson! You can't get that kind of commitment from any council
because any council could change. Traffic could change.
Development could change. There is not knOWing when it
might or might not go in would be my opinion.
Nov/ We haven't made firm plans today iUs safe to say,
Jeff Larson/ The traffic tllat goes into ACT and goes on that road, it is
ACT traffic and so if they add another building, there will be
more traffic. That would be pretty strong insensitive to put
First Ave. tllrough. Especially if they close the road,
Courtney/ Not from my standpoint it won't be. Not from my
standpoint it won't be. I live two houses off of First Ave.
Jeff Larson/ Okay. But tlle poInt is still there Is going to be a lot
more traffic Witll new buildings there then there is now. And
there is already heavy congestion in on and off the road at 8:30
and 4:30. So I think that you almost have to have linkage
between signing this kind of agreement and projecting where
First Ave is going to go. I know that you don't want to do it.
But it seems prudent to me that you have to make the plans for
the long term traffic flow of the whole area.
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#21 page 25
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Larson! I guess that is where [ -
Gentry/ It is only an agreement. It is a negative agreement no to do
something.
Larson/ That is where I may differ with you and Mjke, Jeff, is that
all I think that I have to decide is whether it is an advantage to
the city as a whole to close off the option of putting First Ave.
through the ACT property or whether I need to know how
attractive or unattractive the other options for First Ave.
placement are before I can close off this one option. And my
feeling has been that there are enough possible options that
don't include ACT's campus property that I am at least willing
to look at the possibility for closing that option without
knowing exactly where I am going to put First Ave.
Kubby/ How do you know. At council level we have never talked
about It. How do you know that there are other options that
are acceptable enough.
Larson! Because this option of going through their campus is not
acceptable and there are so many acres of land out there. I
just don't think that it is impossible to put it somewhere where
it would be less disruptive to the community than it would be
to take it right through an expansion that might cause them to
not do it or go somewhere else.
Jeff Larson/ I will just add one last thought. I know it is late. And
that is that since the traffic on this road is the ACT traffic,
primarily. Those people that are coming and going to work.
There really isn't much traffic beyond that dUling the clay.
Once those people are there and not going in and out, they walk
back and forth just fme. Right now. Really that is why they
haven't been here earlier making a beef about this issue.
Because it really isn't much of a problem. Even if that road is
through their campus, is that such a big deal, really. I think
that we are getting all up in arms about this. Go out there
sometime and look, It doesn't have curbs on it. It is just like a
giant sidewalk. And if there is not going to be any demand for
new traffic on this road other than 111e buildings that ACT Is
puttjng on which they obviously have to SUPPOIt with roads.
Where Is the necessity for abandoning this road,
I-Iorow/ If you extend First Ave. north there will be increased traffic,
Jeff Larson/ I agree. I am not-I am saying that with the status quo
even as it Is right now. If you go out there there is no demand
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#21 page 26
for lrafflc going tilfOugh there other than tile people going to
ACT to work.
Larson/ And First Ave. Extended would not add traffic onto the
gravel road.
Jeff Larson/ Sure it would.
Larson/ No it wouldn't. It IVould take it off of it.
Jeff Larson/ If First Ave we to come up and then go over to Highway
#1 lots of people coming down from the north would choose
that route to get to south Iowa City.
Larson/ Would choose First Ave to get to south Iowa City. But they
wouldn't be on the gravel road is what I am saying. It would
be on the portion right next to Gatens house. That part of First
Ave.
Jeff Larson/ The point is that right now the increase in traffic to this
area is stlictly gong to be limited to this new building that ACT
is putting on.
Kubby/ That is the point of closing down Dubuque Road.
Jeff Larson/ Right now they walk across it. I don't think-have there
been any pedestrian accidents on the road.
Audience/ Close calls,
Kubby / But maybe there are some other options there too.
Jeff Larson! At least think about that. That is an option. Bisecting. It
sounds like this ugly word. Bisecting this property, Well in
point in fact it is already bisected and this is it. It is just like a
large sidewalk. It is not that objectionable.
Larson! But you understand that bisecting with First Ave is a little
different situation,
Jeff Larson/ Absolutely.
Larson/ First Ave. would be a little different kind of highway.
Jeff Larson/ That is right. But you are proposing that First Ave. isn't
going to come in for a long time. So what is the rush. Thank
you.
Gatens/ One other tlling. Randy, you made a comment about in
addressing Jeff that you have never even talked about it.
Either you or Karen Just said that.
Larson/ She said that council as a whole hasn't talked about the
options for First Ave.'s placement,
Gatens/ I really appreciate that comment. We haven't even talked
about it. That is exactly.
IvIcD/ We might not talk about it for another five, sLx, seven years.
We don't know. '
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#21 page 27
Ivilke Gatensl You don't know. But when you sign this agreement
that takes some of these options that you haven't even talked
about completely out of the realm of possibilities, it scares
evelybody,
!\'1cD/ If we ____ this decision based upon looking at options for
the extension of First Ave., then nothing is going to happen. I
mean it is going to take- I don't know how long it is going to
take if we would direct staff at this point in time. First of all
we are no where near having the resources to put something
like that together. With the capital projects that we already
have on our CIP plan right now. It is not even there.
Gatensl There are options there John that need to be addressed.
McDI It will be someday.
Kubby I It will be sooner than you think because, through JCCOG the
arterial street plan within the next year we will be talking
about whether to have it on the plan or whether to put it on
the plan. And if we put it on the plan where it will go. So even
though that I agree with you that the implementation of that
plan may not be for years the discussion of the alignment is
. going to happen within the next year through jCCOG.
McD/ Karen, you can discuss an alignment from now until the cows
go home. But until the day comes when the resources are there
and the project is approved by the council at tilat particular
time. Which it will probably not even be one of us sitting up
here. That project can be changed at that particular time.
Kubby/You are saying that the discussion is not going to happen for a
long time. I am saying that-
McD/ We are speculating about something that we are not even going
to be involved in, We don't know when it is going to happen.
We don't know if it is going to happen,
Horow/ It seems to me that that is more than-looseness of when we
are going to discuss this thing is more than I want to deal Witll
in terms of supporting ACT's ability to get going,
Kubby/ That is a different point.
Gatens/ More important is probably Dubuque Road being closed.
And the plan on E.xhibit A shows no alternative for Dubuque
Rood. .
Larson/ I am not sure there is any good alternative but I am still
willing to let you guys make your case,
Don Gatens/ I would like to make one comment. When you take
something away in todays growing population, you should
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#21 page 28
replace it. We are taking Dubuque Road away. ACT has a lot of
people working there that use the east exit to go out to
Rochester. A lot of people going to Regina I-ligh School use that
road. Or wherever they are going" To Scott Blvd. What are we
replacing the routes for these people coming from Solon to the
high schools. If you take something away, you have got to
replace it. Right. You have got nothing. You have already said
that you haven't explored anything to replace this road. You
take Dubuque Road out of there and you will be sony that you
did. You really will. And ACT is going to-if they vacate
Dubuque Road. There is a lot of acres there. Just in r.o.w, They
own a lot of length around there. They don't own Dubuque
Road. But they will end ,up with it. It is valuable land to them.
They could give us the whole back end of one of those farms
and it wouldn't be worth as much as Dubuque Road. They are
talking about giving the r.o.w in the back of it. That doesn't
make anything. It is not worth anything back i there. We are
talking right up here in the front end of it. How many acres is
involved in the r.o.w that we are talking about vacating for
ACT. I'll bet there is 708 acres. Maybe more. Nobody knows.
We are talking about just turning that over to them. That is
pretty valuable land. And we are talking about replacing it.
I'll sell the back end off of anything if I can get the front end.
Wouldn't you. That is a pretty good trade. But anyway, forget
about that. It is the replacing of what we are taking away.
When you give us a good replacement where I can get to Don
Hunter's place without driving 7 miles when I can do it now in
less than a mile. We do a lot of back and forth. That will send
us clear down to Market Street and Dodge, over to Regina High
School, pass there, over to Rochester and back. And we can
make that trip in about two minutes now. And I am talking
about with heavy equipment and a lot of things. We do a lot of
thlngs back and forth, Ralph Kral, too, And what alternative
do we have if w close this road. We have a few rights I think,
somewhere along the line. I think that if you close that road
you will be doing us a big injustice. Thank you.
Frank Boyd/ 2511 Rochester Ave, I was home watching television. I
saw poor old lvUke up here and I thought he needed some help,
So we send those big guys up to crush you and then we send
somebody else to clean up. I would like to talk. We are tlying
to get access on 30 acres we bought as part of that Summerwill,
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#21 page 29
Where Ben SU1Ilmerwilllives for a number of years. And you
are all familiar with that. We approached ACT a couple of
years ago to see if we couldn't get through there because we
couldn't deal with the Smith brothers on the east. Nobody
wants to let us through. We will willing to go up and try to buy
Ralph Kral's farm. A 180 acres that we sure didn't need. We
got lots of land. But in order to get the secondm}' access to get
back out on the Seven Sisters Road or whatever they talk. But
they wouldn't talk to us. I tried to find out a little bit. My
partner, Bruce Glasgow and jolm RWllmelhm't. Bruce is up here
evel}' night. I don't know, he must take the night off or
something. I come down to help Mike. But I tllink that you
can't deal very well with ACT if they are in the driver's seat. I
didn't know what they were doing. I haven't been able to find
out. I went up to see Karen Franklin about a month ago over in
the Old Elks bUilding. Here i the big plat showing what they
are going to do. And the property, I think if I looked at it light,
that banks up to our property-there is a big parking lot there.
For maybe, oh..I don't know, a couple thousand cars. No access
for us or anything else. I think a lot of those things have to be
settled before ACT gets a permit. Because after they get the
permits to do what they want to, tlley're going to do it. Sure
they hire a lot of people. So does the rest of us. I have been
here a long time. We have been a subdivision for 3S years.
We get stuffed rezoned and then you can't even get a building
permit. There is something the matter tliere. That would be a
big mistake to do that. Mike made a pretty good statement. If
they are worried about those few people walking across the
road and poor old Poots can put it in for them golf carts, I
think ACT can handle that alright. I think tlus thing ought to
be delayed and spend a lot of time looking over and see what
you can do. I read in the paper tonight where they are going to
put the thing that they say will happen that if you don't do it
now that they are not going to do it. We watched that happen
out on Dubuque Street when they built the Holiday Inn. I
hoped that, I don't think I'll get there, but if a guy can live long
enough tlley will drive a bull dozer right through that someday,
You can't block all of those streets, I know Bill if you was on
the council a few years ago when they wanted to close College
Street. My good friend Tim Brandt was Mayor. They didn't
want to put a brIdge in so they were going to close College
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#21 page 30
StIeet. That would have been a big mistake too. ] think that
you have to look at a lot of things before you do any closing of
these roads. You can't get any place from Rochester Ave back
over to 1-80 no.
CHANGE TAPE TO REEL 92-67 SIDE 2
Frank Boyd/Better hold up until you can get a few of these things
settled. Thank you velY much.
Charlie Ruppert! Follow a group like that. ] traveled down that road
there going to school. A little country school right there so ]
know a little bit about that road or quite a little over the years.
That is the longest and oldest. That is the old militmy road, It
is the longest oldest most historical road across the state of
Iowa on the east side. And lvlike thought maybe it was 90
years old but hell it is a lot older than that. And I don't really
expect you folks to do much along that line because nothing has
been done for a-oh, they knew about this way back in the early
days. Probably when they plowed that road with the oxen,
The south leg was going to go down through Hickory Hill Park
in that area. There was no park there then of course. They
laid things out to that affect. And it would have gone except
one hold up one time way back. Other wise we'd have a place
from Dodge Street to Rochester Ave. And notlling was done
over the years and now around the perimeter you are building.
Press Citizen took an area where maybe you could cross and
this pretty well closed out towards the center. Where are you
going to go. And you have a large area there. Fact of the
matter Is, you may not understand this but to save paper this
little corner...] didn't get in to with tllis group. ] do a little
research some time, I don't always finish it but I get
Interested In something like that. You have your own projects.
Pet projects that take up a lot of time. You can find out where
that little piece goes there. But I do know a little bit about that
road, You are going to have people from Solon and all over.
objecting If you close that off. Be tile silliest thing that] would
ever know of you folks doing.
Horow/ llin't we do sillier tllings than tllat.
Ruppert! Not really. Not lately. If you go into the past velY far I can
line you up some. The past council.
I-Iorow/ What year Is this Charlie,
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#21 page 31
Ruppert. That. Probably way back in the-it might even be before the
city was i11corporated. It is way back. Do you see where
Dewey Street went. If you study it out a little bit. This was
where the south leg went. It keeps a moving to the east. And
the Scott Blvd. Whatever happened to the-Well, anyway. I
think you will be able to figure it out. No. I don't need that. I
got that.
Larson! What are we suppose to figure out, Charlie.
R1,lppert! What do you want to figure out. What do you want to
know about tllat.
Larson/ I see it is a map. Cut to the chase for me.
Ruppert/Here is the whole area here, isn't it. Your building around
it, aren't you. This piece goes over here but I got to save one
half sheet of paper. 50% with this recycling and saving and all
of that. (refers to map). So aren't you closing in. How are you
ever going to get from Governor Street to Scott Blvd. Or from
Rochester to Dodge Street.
Larson/ That is the idea. We haven't decided how to get there and
you are telling us to figure that out.
Ruppert! Why didn't you call me. I could have straightened you out
on a few things.
Larson! Gatens was straightening me out so much that my head was
spinning.
I see your point then. That you are saying that there aren't
velY many routes for First Ave, to extend up there.
Ruppert! No. And I don't have an interest in it. I might have a little
piece of property somewhere but hell if you want to go through
tlmt-that is all right.
Courtney/You might just have one, huh Charlie.
Ruppert! I will show you around sometime too if you have got the
time.
Courtney/ The only thing is is that you might just have a little piece
of propel1y just about nay place in town that we go.
Ruppert! Well, I didn't want you to tlunk that I don't have any axes
to grind in there. But if-tlley wanted to move a house in our
neighborhood and our neighborhood has had more houses
moved in than any other part of town over the years, I
wonder if they found a location yet. And you worry where you
are. Heck-
Larson/ The Mayor has lost control.
Courl1ley/ We always lose control when Chm"lie comes up.
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#21 page 32
Ruppert! I suppose I better sign in too. Nobody else did.
Dean Hunter/ Me and my father, Gary, and my grandfather, Don,
farm north of Rochester on Scott Blvd. I'll try and do my best
to speak for them also. Our farm was settled in 1835 and my
grandfather's grandfather was born there in 1847. 1-80 has
already split our farm from the northeast corner to the
southwest corner. They took as much beautiful fannland as
they could get. These guys have already been through this
once and they know what it is all about. So we are going
t1u'ough it again. Closing Dubuque Road. Why didn't we contact
each one of you before when we heard about it. Because we
thought it was Iidicules. We dIdn't think that it would ever
happen. #4 property tax payer in the city can do it. #3, 2 and
1 are at home smiling. Why can't they do it too. #5,6-how far
are we going to go with this. You are eliminating an access to
our business. What about winter weather. We got Bob
Finnegan, my dad, my grandfather, myself-we are not timid
drivers. There are days that we cannot get there from .
Rochester Ave. Those are the days that we need to get there
the most. We know that ground better than anybody. The
road. How can we expect an emergency vehicle to get to us if
we need them. Hopefully, we never will. The maintenance of
Scott Blvd and Dubuque Road right now is inadequate. It isn't
going to get better when it is a dead end. Take a drive down
that way tomorrow morning on your way to work. Or anytime
tomorrow. Check out the trash that people dump in the
ditches. Is that going to get better. I don't think so. The traffic
that is going to remain on that road is going to be ten times as
dangerous as it is now and it is velY dangerous now in my
opinion. Our opinion. We all want jobs in this town. I think
evelybody can agree on that. ACT had basically been a good
neighbor. But I would just really wonder if they have plan 13
somewhere or if they could make one up. Maybe use more of
their property that is east of Dubuque Road, So they have less
pedestrian traffic going across that road, Or what they are
worried about. I guess that pretty much covers what I want to
say.
Joe Lehmani Just basically I don't have any land in that immediate
area. I use that road in our farming business to get to one
point to another. It is convenient but there is really no other
way we can get someplace just we come form the south side of
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#21 page 33
Iowa City. We can't come through the middle of town with our
equipment. We can't go down interstate with our farm
equipment. And that is basically-I am just here to see what
my alternatives are going to be if this road is closed, I think all
of you got to be concerned too when you go to work
somewhere and it is going to take you 15 minutes or an hour
longer to get there. In the business we are in a lot of times we
are trying to beat the wether and it makes a difference, And
on a tractor I figure it is going to take an hour longer to get to a
different spot with the road not being there. I think that it is a
usefl11 purpose. I just want to state my opinion of it. Thank
you.
Cam Campbelll Thank God for remote controls and cable t.v. I
happen to see this on t.v. tonight. I guess s that the first thing
that came to my mind was just back door politics. I cannot
believe that the people of Iowa City don't even really know.
what is going on about closing the street and the proposed First
Ave, E'\tension. I would like to see that no decision be made
and that people actually sit down and think about this, You as
a council have even admitted the fact that nobody has thought
through some of these options. I know John said earlier that
we could do it until the cows come home. But the bottom line
is that this affects a lot of people, I don't think very many
people knew about this. And if it wasn't in the paper tonight
and I happen to see something about it and myself running
through with the remote control and coming across the
presentations this evening. I think a lot of people don't know
about it. So I would like you people to think about it and think
about the impact that these decisions have, And listen to the
people who barely have enough time to hear about this present
their story tonight.
Larson/ Steve, I don't know if this is a question for you. But on the
attachment A to the agreement the unnamed east-west street
that comes off First Ave E'\tended. Where theoretically that
hook up to sometlling to tlle east.
Atkins/ It would hook up eventually to Scott Blvd. E'\tended. Now
the thought process-there is two elements, We obviously
thought that it was in the city's best interest in negotiating the
agreement tlmt we talked with you about a couple of months
ago to be able to secure dedicated land for First Ave. E'\tended.
Now obviously-and the east-west. Now obviously, you
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#21 page 34
certainly have the choice to strike that from the agreement and
when the time comes pursue it. Buy it, condenmation or
whatever you would choose to do. Second element is that
clearly built into the process is Scott Blvd extended over the
highway up behind the Highlander to divert traffic to highway
#1 and the fact the thought that we have is that maybe that
will eventually become I-lighway #1 and thereby go after the
state to help pay for a rather expensive crossing of the
highway. In other words we theoretically can literally divert
all of that traffic around the Highlander, down Scott Blvd.,
down to our industrial area. Highway #6 and I-lighway #1
would meet down there and thereby practically eliminate the
Dodge Street argument that you hear all the time. That is part
of the thought process.
Larson! Possibly eliminating a need for First Ave. to ever meet
Dodge Street.
Atkinsi You possibly could write it off altogether if you would so
choose.
Larson! First Ave. would go-
Atkins! We tried to build into the thought process major
transportation options for you in the long pull. Exactly where it
is going to be, ladies and gentlemen, I don't know. And I don't
think that you are ready to decide that just yet.
Kubby/ How does that extension going north on Highway #1 north of
the I-lighlander help Witll access issues for people who live
around there and need access to their property.
Atkins/ Ultimately, you would have an improved highway on the
eastern border of the city. I am assuming that from that you
are going to certainly generate development interest. And
from that you are going to have, I would assume, excellent
highway access.
Kubby! All this is great conjecture on our part.
Atkins! There is an element and what you are facing Is a perspective
development that has some affect upon these issues and we
tTled to build that thought process and that flexibility Into this
agreement for you, Whether we have succeeded or failed I
can't tell you.
Larson! I can't blame you r efforts in this but It comes back to what
I said yesterday at 7 o'clock before the meeting when I asked
you-is this a deal killer to close Dubuque Road with ACT
because fl'Ommy point of view Is that once you have bullt this
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#21 page 35
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east-west thing from the First Ave. Extension that is shown on
this attachment and you hook that up with something and keep
these people form only having one access. Then maybe you
can consider closing Old Dubuque Road.
Atkins/ The deal killer issue you have to address with ACT.
Larson/ To me it makes more sense that we consider closing Old
Dubuque Road once we have provided some other access which
also coincidentally or not coincidentally opens up 2000 acres in
northeast Iowa City for development.
Atkins/ Absolutely. What you need to decide is that it is the same or
more money to do that then to do the First Ave. Extended and
what kind of resources are you going to be willing to commit
and how long do you wait or have development wait while you
debate that. There have been some questions that First Ave. is
a big surprise, Folks, it has been in the compo plan for ten
years. It has been laid out. In fact the Act proposal has been
discussed. All of these issues are in the compo plan. The '89
amendment dealt with it. It had its p.h. There may be some
element of surprise but we use-if you read that document, we
use that with part of the discussions with ACT.
Kubby / From what your comments that you just said, it might be
who knows how long until be have another access. And if we
closed Dubuque Road then and some of these people have no
access for who knows how long,
Atkins/ Seven Sisters Road-it is a dead end street. You have one
access, We have-quite frankly, Karen, we have other
neighborhoods around town developed residential
neighborhoods that have one access,
Kubby/ But they are not hauling hay on city streets.
Atkins/ No,
Kubby/ That is a big difference.
Atkins/ I am not arguing hauling hay. But Scott Blvd still remains
available to you all the way to Highway #6. Invested millions
of dollars in doing that in anticipation of being able to do this.
Kubby/ There eitller needs to be some give and take here where the
possibility of keeping Dubuque Road open until there is another
option, An d in the meantime ACT may need to brainstorm
with the staff a bout safe pedestrian access,
Horow/ They cannot. That is what I asked. He said-
Kubby/ He is saying that at this point tlley are not choosing not to
have that as an option.
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#21 page 36
Horow/ No. That is not what I heard. I heard that the basis for their
construction will include tearing up Dubuque Road right now.
That is not debatable.
Kubby/ In order to deal with these other community issues we may
need to ask them to shift their plans a little. Once we get
access then they can go to their plan as they want. It may
delay that part of their plan.
Horow/ That would be essentially asking them to do it twice.
McD/ They would have to go back and redraw the whole plan, That
is a fact this body cannot give them any time or commitment as
to when we would be willing to provide that secondmy access.
We have no idea Karen at this point when we are going to have
the resources available to start considering this.
Kubby / With other developers we told them do not come back to us
unless you have a secondary access, Or until the city provides
it. \
Horow/ For so l11any units,
MeD/ I don't know that that has to do with it.
Kubby/ It is not one for one equal but we have said to people that is
a concern of ours and that things can't happen until there is
that access.
McD/ You m'e talking about subdivisions.
Horow/ 39. There is quite a difference between the number of
houses in a subdivision \\1th one access.
Kubby / You may not think it is equitable but I am saying there is
precedent for delaying things in order to make sure people
have access.
Larson/ Because we have talked about it I will make a motion to
defer until Aug. 4 or a special meeting if that is the-
McD/ My question, Randy, on deferral, is what is going to be
accomplished by defeJTlng.
Kubby / Maybe we could talk to Act about the road vacancy.
!vIcD/ What is going to chmlge between now and Aug. 4.
Larson! We allow these people to have time to present their case the
way they want to given the poor notice that they got.
McD/ I tllOught that they did a pretty good job presenting their case
tonight and last night.
Larson/ I am not saying you have to agree with me, I am just
making the motion.
Kubby / I second it.
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#21 page 37
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Courtney/ It has been moved and seconded to defer the resolution.
That takes precedence over the original resolution. Any
discussion on the defennent.
HOI'ow/ Yes. I guess I have problems with deferring. I am not
opposed to a special meeting between now and let us say the
end of the month.
Larson/ That is my motion. To defer until the Aug 4 or lmtil an
earlier special meeting if that can be arranged.
Courtney/ Your two choices are one week or three weeks because the
week of the 20th we are not all in town. Namely me.
Nov/ I would give it one more week. I think that it is worth
consideling the possibility of not having trucks with hay on
Dodge Street. We mayor may not be able to work out that
,kind of possibility but deferring for a week in order to consider
that is not unreasonable.
!vIcD/ I guess who is going to be considering that.
Horow/ I am not sure what is really going to be accomplished.
Nov/ I don't think that these neighbors have talked to each other. I
. am hoping that they will.
Larson! It also gives ACT a chance to decide whether closing that
road is a deal killer or not.
Nov/ I certainly think it is a wonderful expansion plan. I am not
disagreeing with the concept at all.
Kubby/ And nobody is. Except for the closing of Dubuque Road. To
me that is becoming the bigger issue.
Horow/ I think that is a bigger issue in lets say our eyes. Ours
. meaning yours, mine. But if I were ACT that would not be an
issue. I think that we are thinking.
Kubby / I don't mean to be crude but who is making the decisions
here.
Horow/ The city is making a business decision.
Kubby /But I am asking them for some more time to discussion with
them some flexibility with in their plan. Not to scrap..tllere has
got to be something in between what they say say is 100% of
what they want which is what is presented and what will work
for the rest of the communlty in conjunction with that plan..
Let see if there is some melting that can be done. That has not
been proposed before.
Horow/ Dick, is this sometlling that is possible. Can you live with any
time between now and Aug. 4.
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#21 page 38
Dick Ferguson! As I indicated earlier, the issue really turns on
whether the constlUction can begin this summer or it would
not be able to be done. It would be initiated this summer. It is
difficult to say. Impossible to say. As I indicated that we were
on the fringe of being able to do it already. And only someone,
a higher power than I, knows if that is going to be possible or
not.
Horow! Pm1 of that problem is just going through the process of PIZ
Comm.
f-erguson! Correct.
Horow! That is right.
Nov! And you have not been to PIZ at this point.
Ferguson! No. It is all pm1 of the schedule, This is a process that we
have been trying to follow quite literally. Having met with you
before. And nothing that we have done has been secret. We
have been as public as we can be in terms of defining what we
know our plans are. We have tried to be forthcoming about
that.
Larson! I sure don't feel you have done anything wrong. In any
way. I think it is a question of our consideling lots of different
competing interests and having an opportunity for everybody
to present those perspectives.
Kubby! Motion on the floor.
Courtney! We are in discussion phase, Any other discussion on
deferring.
Nov! Can we change It to defer just one week in order to give ACT a
little extra time to get to PIZ.
Larson! I will take that as a friendly amendment to my motion.
Horow! Okay.
Courtney! That means we would need to schedule a meeting for July
14. Special meeting.
Nov! I think deferring to Aug. 4 is going to be a hardship on them. I
do want to consider something other than just yes or no. I
think there could be compromises available here.
McD! And what happens if those compromises do not take place
within the next week.
Nov! Then we vote.
Kubby! Vote on tile resolution as written.
Nov! That is light.
McD! You are anticipating big things happening.
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#21 page 39
Nov/ No. I am just hoping for a little friendly neighbor agreement. I
am not anticipating.
Courtney/What are you expecting out of staff in a one week t11m
around. Anything.
Larson/ Answer these people's questions and explain things and let
evelybody think about it a little bit and decide.
McD/ Some of the questions that have been raised there aren't any
answers, Randy. And there will not be any answers.
Larson! We have some people here tonight and we have some people
not here tonight.
McD/ Define what the issues are.
Larson/ I am really just voting vote process. I don't think they had
enough of it on this in what is a velY important decision for a
handful of people. And I think that the conmlUnity decisions
about closing a street were not velY well publicized, And I just
don't think a week is going to kill anybody. That we ought to
give them a little more time on it.
Nov/ We have hac! p.h.'s on vacations before. Haven't we.
Kubby / We would have to. I would assume that we would have to.
Courtney/There will be a p.h. on the vacation.
Kubby/ Although when YOli vote for this resolution you are-
Larson! The agreement ties our hands for it.
Courtney/ That is pretty much tl1le, yes,
Larson/ My vote is mainly a process one.
Courtney/ Okay. All done on discussion on deferral. I think we
ought to do this on a roll call.
Horow/ Is this the friendly amendment.
Larson/ This is one week.
Horow/ So, this is one week.
McD/ Have you found out if people are going to be available. Are we
going to be available. Is there going to be enough for a
quorum. Are you talking about 7:30 one week from tonight. Is
that what you are talking about
Larson/ I do not care when we meet next.
Nov/ The time of day is not firm, no. This would not be just
something that we couldn't do at another time of day,
Larson/ [ think we should determine it. [think one week exactly
would make the most sense to do It. In our regular meeting
time. 7:30 a week from tonight.
Courtney/Roll call-The motion passes to defer to July 14. ['11 set it at
7:30.
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Agenda
Iowa City City Council
Regular Council Meeting
July 7, 1992
Page 11
ITEM NO, 22.
q~- dO'!
CONSIDER A RESOLUTION ON UNCLASSIFIED SALARY AND COMPENSATION
FOR FISCAL YEAR 1993 FOR THE CITY ATTORNEY,
ITEM NO, 23 -
Comment: This resolution sets the salary for the City Attorney for FY93 per
evaluation held by City Council on June 22, 1992, ,
Action: ~/ Jnd
- I k~) {~1) 21011
CONSIDERAN ORDINANCE AMENDING CHAPTER 35, ENTITLED "VEHICLES FO~
HIRE," OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY,IOWA, TO
PROVIDE FOR THE USE AND REGULATIONS OF PEDICABS. (FIRST CONSIDER.
ATION)
ITEM NO, 24.
Comment: This ordinance amends the current regulations for taxicabs by adding
a definition for pedicabs and establishing regulations for their licensing, This
ordinance aiso requires a driving permit for each pedicab similar to the present
requirement for taxicab drivers, In order to impiement administrative procedures
for pedicabs similar to taxicabs, additional changes have been made in Section 35-
17, 35.30, 35.31, and 35.31,1, Due to these revisions, staff recommends the l/iUJ II
ordinance be given first and second considerations at this time, -4n<.J
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#22 page 1
Courtney/ Moved by Larson, seconded by Ambri.
Discussion,
Kubby/ I just wanted to make a brief comment and then I'll be
voting no on this and I think it's important that, when I do vote
no against what I think will be the majority of council that I
explain it. I'll be voting no, not as any reflection on the city
attorney, either herself of her doing her job. I have no problem
with that. I just think it's real important that we went to the
bargaining table with the collective bargaining unit and came
up with what we all agreed at the table was a fair percentage
and I want to stick to that for all our employees, so I'll be
voting no, since that's not what was agreed on for this
compensation.
Courtney / !my other dlscussion7
Rollcall.
Resolution is adopted, Kubby voting no.
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City of Iowa City
MEMORANDUM
DATE: July 2, 1992
TO: City Council
FROM: City Manager
RE: Work Session Agenda and Meeting Schedule
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July 3, 1992
HDLIDAY - INDEPENDENCE DAY - CITY OFFICES CLOSED
July 6, 1992
7:30 - 9:DO P.M.
7:3D P.M.
7:45 P.M.
8:DD P.M.
8: 10 P.M.
8:30 P,M.
8:50 P.M.
Monday
Fri day
City Council Work Session - Council Chambers
- Review zonin9 matters
Library/County Funding Agreement
Vacated Alley - Lincoln Heights
Kirkwood/Lower Muscatine Project Specifications
ACT Development Agreement
- Council Agenda, Council Time, Council Committee Reports
9:DO P.M.
Special Council Meetin9 - Council Chambers
Separate agenda posted
Executive Session (Pending litigation, property
acquisition)
July 7 , 1992
7:3D P,M. - Re9ular Council Meetin9 - Council Chambers
Tuesday
Ju ly 2D, 1992
, CITY CDUNCIL WORK SESSIDN CANCELLED
July 21, 1992
REGULAR CDUNCIL MEETING CANCELLED
Monday
Tuesday
PENDING LIST
Appointments to the Design Review Committee, Planning and Zonin9 Commission,
Board of Adjustment, Mayor's Youth Employment Board and Airport Zonin9
Board of Adjustment - August 4, 1992
Appointment to Mayor's Youth Employment Board - August IB, 1992.
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