HomeMy WebLinkAbout1992-08-04 Agenda
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IOWA CITY CITY COUNCIL
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AGENDA
REGULAR COUNCIL MEETING OF AUGUST 4, 1992
7:30 P.M.
COUNCIL CHAMBERS, CIVIC CENTER
410 EAST WASHINGTON
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AGENDA
IOWA CITY CITY COUNCIL
REGULAR COUNCIL MEETING - AUGUST 4, 1992
7:30 P.M.
COUNCIL CHAMBERS
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ITEM NO.1.
CALL TO OROER.
ROLL CALL.
ITEM NO.2.
CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR
AMENDED.
a. Consider approval of Official Council actions of the special meetings
of July 6 and July 14, 1992, and the regular meeting of July 7,
1992, as published, subject to corrections, as recommended by the
City Clerk.
b. Minutes of Boards and Commissions.
(1)
Housing Commission meeting of May 12, 1992.
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121
Riverfront and Natural Areas Commission meeting of June
17,1992.
131
Civil Service Commission meeting of July 6, i 992.
(4) Board of Adjustment meeting of July 8, 1992.
151
Parks and Recreation Commission meeting of Jllly 8, 1992.
161 Historic Preservation Commission meeting of June 9, 1992.
(71 Airport Commission meeting of June 16, 1992.
181 Airport Commission meeting of July 9, 1992.
(9) Planning and Zoning Commission meeting of July 16,
1992.
c. Permit Motions as Recommended by the City Clerk.
111 Consider a motion approving a Class 'C' Liquor License for
Carlos O'Kelly's Mexican Cafe, 1411 S. Waterfront. INew)
12) Consider a motion approving a Class" B' Beer Permit for
Pan Style Pizza Corp. of Iowa, dba Rocky Rococo, 118 S.
Dubuque St. INewl
131 Consider a motion approving a refund for a Class' B' Beer
Permit for Pan Style Pizza Corp. of Iowa, dba Rocky
Rococo, 118 S, Dubuque St,
(41 Consider a motion approving a Class 'Coo Liquor License for
Senor Pablo's Ltd" dba Senor Pabio's L TO., 830 1 st
Avenue. IRenewall
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Agenda
. Iowa City City Council
August 4, 1992
Page 2
15) Consider a motion approving a Class' E' Beer Permit for
American Drug Stores, Inc., dba Osco Drug Store, 201 S.
Clinton. IRenewall
(6) Consider a motion approving a Class 'B' Beer Permit for.
Regina Fall Fun Festival dba Regina Fall Fun Festival, 2150
Rochester Ave. INewl
17) Consider a motion approving a temporary Outdoor Service
Area for Regina Fall Fun Festival dba Regina Fall Fun
Festival, 2150 Rochester Ave. 19/4/92-9/6/921
12- 2//
18)
Consider a resolution issuing a Dancing permit to Regina
Fall Fun Festival, 2150 Rochester Ave.
n- 2./2.
19)
Consider a resoiution issuing Cigarette permits to Wig &
Pen, 1220 Hwy. 6 West and Sheller Globe/UTA, 2500
Hwy. 6 East,
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/101 Consider a resolution to refund Cigarette Permit to
Harold's, 130 S. Dubuque St,
Setting Public Hearings
11)
Consider resolution setting public hearing for August 18,
1992, on plans, specifications, form of contract and
estimate of cost for construction of the Chauncey Swan
Parking Facility Project, . .
Comment: This project involves the construction of a four-
level parking facility on the site of the existing Chauncey
Swan parking lot. The new facility will have a total capaci-
ty of 467 vehicles, The plans, specifications and form of
contract and cost estimate will be available for public view
at the City Clerk's office after August 11, 1992.
Action:
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Agenda
Iowa City City Council
August 4, 1992
Page 3
92_ 2./S
(2)
Consider resolution setting public hearing for August 18,
1992, on plans, specifications, form of contract and
estimate of cost for construction of the Highway 6 Inter-
section Improvements Project.
Comment: This project consists of the construction of
right-turn lanes on Highway 6, at Gilbert Street and the
construction of left and right-turn lanes on Highway 6 at
, Lakeside Drive/Industrial Park Road. Construction includes
curb and gutter, storm sewer and traffic signals. Prelimi-
nary cost estimate is $350,000.00, with State-provided U-
STEP funds totalling $122,000.00.
Action:
<)2.- 2.10
/31
Consider resoiution setting public hearing for August 18, ,
1992, on plans, specifications, form, of contract and '
estimate of cost for the North Dodge Water Reservoir
Repaint and Repair Project,
Comment: The North Dodge Water Reservoir was inspect-
ed by AEC Engineers and deficiencies were noted, It was
recommended that the tank interior be sand blasted and
structural columns and brackets be reinforced or replaced.
The exterior should also be sandblasted and re.coated and
weld seams repaired. The lead paint removal abatement
program must be considered as it will be necessary to
avoid lead contamination in the air and surrounding salls.
Estimated cost of this project is $200,000.00.
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Action:
Consider setting a public hearing for SePtell]]ler--t;4 992,
for the disposition of City-owned progertrat 451 Rundell
reet, /
Comment: 'h~ty has. moved a house from 7038 Bowery
Street to the C~ed right-of-way at 451 Rundell
Street. The house is beli'111.r~i1itated and staff is In the
process of/Selecting an eligible loll.( to moderate Income
buyer forthe property, A resale agreemell!. will ensure that
t~s>home is ,affordable to a low to mOl!e~come
Jhousehold for at least fifteen years. ~
Action:
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Agenda
Iowa City City Council
August 4, 1992
Page 4
e. Motions
(11 Consider a motion to approve disbursements in the amount
of $11,311,928.40 for the period of June 1 through June
30, 1992, as recommended by the Finance Director subject
to audit.
f. Resolutions
C/2. 2./'1
III
Consider a resolution accepting the work for the FY91
Landfill Expansion Project.
Comment: See attached Engineer's Report.
qZ-2.IS'
(2)
Consider a resolution to authorize the Mayor to sign and
the City Clerk to attest the release of a promissory note
executed for property located at 725 E. Davenport Street.
Comment: The owner of property located at 725 East
Davenport Street received assistance through the City's
Comprehensive Housing Rehabilitation Program on August
30, 1985, in the amount of $17,500. The rehab staff was
contacted by the law firm Neuzil & Sanderson, informing
them of the death of the owner and upcoming sale of the
property. The rehab assistance received by the owner was
in the form of a seven-year depreciating lien that would
also be forgiven upon death, Since the owner passed away
in May of 1992, the lien can now be released.
g. Correspondence,
111 Letters regarding General Mills from the mayors of the
following cities:
(a) Lodl, California
Ibl Fridley, Minnesota
leI Newton County, Covington, Georgia
(d) West Chicago, Illinois
lei Buffalo, New York
If 1 Covington, Georgia
(gl Albuquerque, New Mexico
(2) Letter from Jim Caikins objecting to proposed General Mills
plant,
(3) Letter from Nellie W, Kremenak regarding Heritage Cable-
vision,
(41 Letter from Bruce Glasgow requesting extension of sewer.
15) Letter from Bud Louis regarding extension of sewer on
Foster Road.
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Agenda
Iowa City City Council
August 4, 1992
Page 5
161 Letter from the chair of the Parks and Recreation Commis-
sion regarding parkland acquisition fund/Hotel. Motel Tax.
17)
Letter from the Iowa DOT regarding a pavement planing
project, a part of which lies within the City of Iowa City.
181 Letter from Charles Eble regarding proposal to vacate
Dubuque Road,
191
Letters regarding the proposed pesticide ordinance from:
(a) Jean Martin
(b) Evan Fales and Mary Eagle
Letter from Thomas W. Mentz regarding alley between
Johnson and Dodge Streets.
Letter from Leonard R. Brcka objecting to curbside recy- .
cling program,
Letter from Margery E, Hoppin regarding Sunday morning
parking for downtown churches.
Letter from Environmental Advocates regarding Hickory Hill
Park,
Letter from John and Allegra Dane regarding ten acres of
land west of Willow Creek Park,
Memoranda from the Traffic Engineer regarding:
lal Parking designation on the north side of the 10 block
of West Bloomington Street.
(bl Stop sign on West Side Drive at Mormon Trek
Boulevard,
lei Stop sign installation on Cross Park Avenue at its
intersection with Keokuk Street.
Idl Stop sign Installation on Cross Park Avenue at Its
intersection with Broadway Street.
(el Alteration of parking prohibitions In the 200 block of
South Johnson Street.
If I Parking designation on the north side of the 10 block
of West Bloomington Street,
(gl Parking prohibition in the lower three levels of the
Capitol Street Ramp.
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Agenda
Iowa City City Council
August 4, 1992
Page 6
h, Applications for City Plaza Use Permits.
11) Applications from Billy Howell-Sinnard for permission to set
up a table on City Plaza on July 17 and 24 and on August
9 and 14, 1992, to distribute literature regarding Baha'i
Faith, (approved 1
(2) Applications from Latin American Human Rights Advocacy
Center for permission to set up a table on City Plaza during
the periods of July 13-19, July 20-31, and August 2-9,
1992, for the purpose of distributing literature and offering
crafts for donations, (approved)
13)
Application from Maureen Taylor for permission to set up
a table on City Plaza during the period of August 13-19,
1992, for voter registration. lapprovedl
Applications from' Dianetics Foundation for permission to
set up a table on City Plaza on July 13, 21, 26, 27, 28,
and 29, 1992, for the purpose of distributing information.
(approved I .
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(41
(51
Application from Leighton Christi1lnsan for permission' to
set up a table on City Plaza on July 17, 24, 30, August 22
and 29, 1992, for the purpose of distributing literature
about the International Socialist Organization, (approved)
i. Applications for Use of Streets and Public Grounds.
(11
Application from Racquet Master for permission to use
public sidewalks during Sidewalk Sales on July 16 through
20, 1992. lapprovedl
12) Application from Islamic Society of Iowa City to use public
sidewalks for a parade on July 17, 1992. (approvedl
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END OF CONSENT CALENDAR
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Agenda
iowa City City Council
August 4, 1992
Page 7
ITEM NO.3.
PLANNING AND ZONING MATTERS.
a, Consider setting a public hearing for August 18; 1992, on an
ordinance amending Chapter 36, entitled 'Zoning Ordinance' of the
Code of Ordinances of,lowa City, Iowa, by rescinding all regulations
pertaining to the High Rise Muiti-Family Residential Zone (RM.1451.
Comment: At its July 16, 1992, meeting, by a vote of 5.0, the
Planning and Zoning Commission recommended that the RM-145
Zone regulations of the Zoning Ordinance be rescinded. This
recommendation is consistent with the staff recommendation.
Action: Ibt~/ ~
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b. Public hearing on an ordinance amending Chapter 36, entitled
I 'Zoning Ordinance' of the Code of Ordinances of Iowa City, Iowa, I
to permit dry grain milling and processing as a provisional use within I
the 1.1, Gonaral Industrial Zone.
Comment: At its July 16, 1992, meeting, by a vote of 5-0, the
Planning and Zoning Commission recommended approval of an
ordinance amending the Zoning Ordinance by allowing dry grain
milling and processing as a provisional use within the 1.1, General
Industrial Zone, The Commission's recommendation is consistent
with the stoff recommendation included in a memorandum dated
July 16, 1992.
Action: ~r;;
c. Consider an ordinance amending Chapter 36, entitled 'Zoning Ordi.
nance' of the Code of Ordinances of Iowa City, Iowa, to permit dry
grain milling and processing as a provisional use within the 1.1,
General Industrial Zone, IFirst consideration)
Comment: See item b, above, in a letter dated June 30, 1992,
Charles A. Mullen, counsel for Generai Mills, Inc., requests expedit-
ed consideration of this ordinance amendment,
Action:
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#3 B page 1
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Courtney/Before we open the p.h. I believe legal had an amendment
that was before us tonight. You want to talk about that?
Gentry/Yes, I was asked last night if the city could make a minor
change to the current ordinance to assure that there would
never be less stlingent standards in terms of contaminants in
the air under DNR regulations. I did check state law and the
city may impose more stringent standards. We cannot go below
state standards. And so in light of your discussion last night, I
have added a portion of the last sentence which would mean
o whether the state raised the standards to be more stringent or
made them more restrictive, in either case would never be less
stringent than today. They could well be more stringent but
they will never go below today's standards. And that will meet
state law, and] don't believe Chuck Mullen has any problem
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with that.
Larson! And neither I presume has General Mills? In case anyone
doesn't know who Chuck Mullen is.
Gentry / I didn't talk to General Mills.
Courtney/ Although, where's Karin Franklin? I believe you wanted to
have one comment on it.
Franklin! One alternative council may wish to consider to this
because, remember in tins ordinance you're talking just about
grain milling operations. One industrial type of use wInch may
or may not have particulate matter. We do have performance
standards within the zoning ordinance winch if you address
this kind of issue within performance standards would respond
to all industlial users. So that if your concern is truly about
particulate matter, than the appropriate place to make such a
change in the ordinance in order to address that issue for all
industries would be within the performance standards. You
than could adopt the original ordinance that was before you,
that is the subject of this p.h., and then direct us to amend the
performance standards to incorporate this kind of control of
particulate matter that would then address all industries.
Thar's Just another variable for you to think about.
Larson/ What's your feeling about that, Linda?
Gentry / I tlnnk that's a good housekeeping measure and it would
make it fair for all.
Larson! Would we need to then change?
Gently/It would not delay this process tonight.
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#3 B page 2
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Franklin! No. You could then adopt the original ordinance as is before
you. And we wouid then make a change to the performance
standards that would address your concern generally as
opposed to just grain milling.
Kubby I I think that's really a good suggestion.
Horowl Thank you, Karin.
Courtneyl Okay. We'll then have the public discussion on the zoning
ordinance change as was originally written?
Kubbyl I guess I want to make sure there are four people who want,
to do that to the performance standards.
Courtney I That's what I'm asking.
,Kubbyl One, two, three, four. Okay. To ensure that's there.
Courtney I Okay, we needed to do that before we opened the hearing
so you'd know what you're discussing. Now open the p.h. on
this item. Anyone wishing to address the councll7
Chuck Mullen! Local counsel to General Mills. I've addressed you
individually and in small groups in respect to this so I don't
plan to take much of your time this evening. There appear to
, be plenty of people here who have something to say, maybe. I
would like to take this opportunity however to compliment the
city staff. They've done a yeoman's job in this particular
instance. They've been at it since early spring. I think their
guiding principle has been the protection of the public interest.
They've done their research independent of General Mills.
Have not been asked that we spoon-feed them information.
Have only Asked us for source material. Where they can
educate themselves about the processes that 111is particular
amendment wm permit. And as I've said, I think that they've
done a heck of a job. They've visited the plant in Cedar Rapids
to experience first hand the kind of processes that they expect
to occur here on this plant in Iowa City if the amendment is
approved. So I would like to compliment them. I'm quick to
criticize and haven't been afraid to criticize the staff In the past
if I've disagreed with them. I think they've done a heck of a
job here. The second thing I'd like to again ask for is council to
consider departing from what I understand your policy to be
and that is to consider this ordinance for the first time this
evening after the p.h. closes. We were on a tight time schedule
to start with. The council has an abbreviated summer schedule
as you know. Unless we do that, unless we get your
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#3 B page 3
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consideration there, we're going to be up against our timetable
which is a September 15 timetable. There's a contingency in
the letter of agreement that requires the grain milling
exception to be eliminated to the satisfaction of General Mills
by September 15. Unless you agree to depart from what I
understand your nonnal procedure to be, you would ordinarily
consider that amendment finally for the third time on the 15th
of September. If you depart just in a minor way and give it it's
first consideration tonight, you would then not be required to
collapse it any further to get it finally approved or at least
have its third and final reading on the first of September. So
we would ask your indulgence in considering the ordinance in
that fashion if you would please. There are a number of
representatives here from General Jvlills. Larry Sawyer, their
director of government affairs I'm sure wishes to address you
and he will introduce the other members of the General Mills
team that are here. and I think most of you have met before.
But I will attempt to answer any questions you may have of a
legal nature or a semi-legal nature if you wish to address them
to me at this time.
Kubby / Does it matter to you If we collapse it tonight or collapse It at
the first reading in two weeks7
Mullen/ I'm only nervous Karen that if anything goes wrong in the
procedure then we're up against the 15th. It's not like we
haven't made ourselves available to each and every one of you.
We've made ourselves available to the interested parties in the
neighborhood. We've invited what we perceived as lightning
rods in the neighborhood to the plant in Cedar Rapids and had
them tour the plant, I believe have answered their questions
the best we can and I think maybe to their satisfaction. And I
hope we've answered your questions to your satisfaction.
Kubby / I don't think that would be and issue to me. What would be
an Issue for me is someone who hadn't been involved in the
discussions or I hadn't heard fronl that came with some real
specific concems or a lot of people with general concerns. I
don't think that's going to happen but It might so I just wanted
to know what your preference was.
Mullen! My preterence is to get that first reading tonight because
then If anything happens along the way we don't have to
collapse the schedule further. That would be clearly my
preference.
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#3 B page 4
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Courtney/ The problem that comes in with collapsing it is it takes six
votes to collapse and we never know exactly what can happen.
We expected seven here tonight and we got six. We could have
only five and that would mess up the time schedule again. That
was the reason for putting it on for first consideration because
of the uncertainty of the other procedure.
Larson! Just so that people aren't confused about the procedure, we
would have every ability to stop it later on. Expediting it or
collapsing it doesn't keep us from stopping it later on. It moves
it along in position where we could approve it next tinle if we
wanted.
Mullen/ It Just keeps us on a timetable that gives us a little more
comfort than being right up against September.
Courtney/ In fact this method gives it three full readings as opposed
to only two votes.
Mullen/ That's right.
Courtney/Thank you. Larry.
Mullen/ This is Mr.l.arry Sawyer from General Mills. He's the
director of government affairs for General Mills.
larry Sawyer/ Director of government affairs for General Mills. I
think I've met you all personally. With me tonight I have Bill
Mawree (sp) who's the plant manager from Cedar Rapids. To
his left is Stacy Pugh who is going to be the new plant manager
here in Iowa City. And off and to my right Is Tom Blumack (sp)
who's a plant engineer. He's a technical expertise in any kind of
area you'd like to ask any questions. I'd just like to say we look
fornard to coming to your community. We think we'll be a
good neighbor and be an asset to your community in terms of
jobs and employment and we think that after you get to know
us better you'll be happy you Invited us In. Any questions?
Courtney / I think as the hearing goes on If they have any questions
then I'll have whoever it pertains to come up and answer them
one by one.
Sawyer/ Thank you mayor.
Courtney/ Anyone else like to address the council on this item?
John Balmer/ Iowa City Chamber of Commerce President. It's a
pleasure to be here again. I make infrequent visits as you
know, but I consider this certainly an important matter. We'd
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#3 B page 5
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certainly encourage your favorable consideration and
endorsement of PZ unanimous vote to recommend passage of
this zoning amendment. While the chamber has not taken a
formal position, we've certainly had discussion at the board
level and feel very comfortable with the proposed amendment
and certainly very pleased that we will soon have another
quality corporate citizen representing the community. That of
course being General Mills. I want to emphasize the word
quality in my previous comments because the chamber has
stated in its mission statement and I quote, our mission is to
enhance the business climate and improve the quality of life in
Iowa City, Coralville, and the surrounding area. 1 certainly
believe that your passage of this amendment will allow
continued compatibility in that area with the present industries
and will certainly go further toward strengthening our
corporate base. We look forward to working with General Mills
in the future and have them become an integral part of the
community. Thailk you.
Courtney/ThankyouJohn.
Marty Kelly I ICAD. It has been my pleasure to spend many, many
months working with General Mills in attempting to bring
together with the can company to further this operation here. I
cannot say enough about the professionalism and the quality
that I've dealt with in working with these people. Economic
development is a very tough job. If I was thinking the other
day of a very simple analysis, and there's a lot of people here
in this room that know this, but the last major corporate
company who's come to Iowa City was 19 years ago when
Thomas and Betts came, and unfOltunately for us Thomas and
Betts is leaving. We couldn't ask for a better corporate citizen
in our community than having General Mills come to our town.
And to the number of people here and have asked me if they
want to speak and maybe it might be best to have a show of
hands or something of the people in this room who are for
Generai Mills coming to Iowa City. Stand up or do something
and I think we can alleviate this meeting so we know where
we stand here. I think we have a pretty good representation of
people here tonight who are definitely for it. If you want to
raise your hands and you're in the back and already standing
up, that's fine. That's all I have to say. Thank you very much.
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#3 B page 6
Courtney/Thank you.
Any further public discussion on this item?
Gail Keller/ I guess I'm one of the lightning rods of the community
that Mr. Mullen pointed out. But I'm a resident of Wakefield
Court over in the Village Green area. I was interested in some
things insofar as the air quality on the southeast side of Iowa
City which I'm sure you're ali weli aware of. ,Following the PZ
meeting, I raised questions which were conceming the number
of stack emissions which would be coming out, the amount of
toxic waste which would be coming out. Even though it's a food
processing company there are often toxic things which can
come out those companies. At the present time, we deal with
over 950 tons of toxic solvent emissions from plants that are in
that area. And so our concern was that not to add any more to
what was already occurring in our area. After that meeting,
General Mills was very gracious and invited myself and Jim
Croker, a member of the homeowners association board to tour
the General Mills plant. At that time we were very impressed
with their operation. They transfer their grain into pneumatic
tubes so that there's not that whoosh of grain dust that appears
to happen. It was a rainy day so of course we couldn't detect
any odors. But they assured us that the only smell would occur
is sometimes there would be a break down would be that of a
baking bread in the oven kind of smell. So we felt comfortable
that there are no toxic emissions coming out of there. We felt
comfortable that this Indeed would be a company that we
would welcome as our neighbor. The only thing that I question
Is that even though it may be a pleasant smell, to smell it 24
hours a day may become uncomfortable. So I encourage you to
look at that in further development when you look at
industries that are coming into this area. I think that we should
try to fill up the rest of the Industrial park with General
Millses. So that Is my- thank you.
Larson! Gall, so I don't misunderstand what you said, they didn't
indicate that pleasant smell would be there 24 hours a day?
Keller/ No. Not at all.
Larson! Okay. Thank you.
Tom Alberhasky / I think Iowa City can be vety honored to have
General MlIIs select us as their future site. I think it's great and
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#3 B page 7 '
I would advise you people to make a quick decision. This is very
critical to them because it's going to take some time to get the
show on the road. Thank you.
Courtney/ Just for the record, Tom, tell everybody who you are.
Alberhasky / Tom Alberhasky.
Courtney/Thank you.
Any further public discussion on this item7
Jim ~tJr/ twelve year employee of Thomas and Betts. Good evening
ladies and gentlemen of the council. I come without prepared
notes. I just want to talk to you from my heart. We talk about
the quality of life and it's been my privilege to be associated
with a company that has such quality of life within its walls.
More like a micro-cOllliuunity if you will. We had 145
employees. Of that we had artists. We had sculptors, wood
CalVers. We had poets. We had authors. We had ministers,
Sunday school teachers. We had people that were active in the
Red Cross, in the community, supported the college. And
without industry, people like us won't be able to earn a living.
Therefore we'd have to leave this community and take our
talents with us. So as you look at manufacturing coming to
Iowa City area, of course look for quality manufacturing, look
for safe manufacturing. Because they're going to attract people
that are going to be a plus and a benefit to this community.
Thank you.
Courtney/Thank you.
Any further discussion7
Kubby / Do you want councll discussion or do you want to close the
p.h.7
Courtney! No. No.
We'll close the p.h.
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Courtney I Moved by Abr, second by Larson for first consideration.
Discussion. .
Novl I understand that Karin brought some overheads that will show
us where the industrial zones are. I would like this in the
record before we vote.
Franklin! The first overhead shows the 1-1 zones on the east and
southeast side of Iowa City. This is the ADS site in the
Longfellow neighborhood which is currently zoned 1-1. This 1-
1 zoning is near Iowa-illinois. Then the BD! development, the
industrial park.
Kubby I Karin, within the 1-1 zone currently General Mills could come
in and do any kind of cooking. They just couldn't do the grain
milling. It is just the milling part, not the other parts of their
process that they will be doing here.
Franklin! Exactly.
This is the west side of Iowa City obviously near the airport
and then south on Riverside Drive and then north of Highway
#1 and #6 on the east side of the river near the sewage
treatment plant. And then this last area is in the southerly
extreme of Iowa City in the boot that goes down along old #218
near the Isaac Walton League. Those are the only areas that
are zoned 1-1 now.
Larson! Mr. Mayor, I want to speak in favor of the amendment of
the ordinance, and make a few comments in general. I think it's
a non-controversial ordinance, ordinance change. It's a zoning
issue, not a question of whetller thls company should come
here or not. The zoning issue is whether to allow milling in an
1-1 zone when mllling is much less problematic than a lot of
other uses and manufacturing process that can go on in that
zone already. So I think that's fairly non-controversial. I think
that the odor that might happen with any new entry into the
industrial citizenship of Iowa City and potential health concerns
are extremely reasonable concerns for people to have. I want
to commend Generai Mills and add my feeling that they have
satisfactorily addressed all of those concerns and that those
matters are not items that wlll cause any problems for Iowa
City or the city of Iowa City. I think it's legitimate to question
the state and federal commitment to ensuring air quality. I
don't think that commitment has been there the last many
years. I don't think it's been funded properly. I don't think it's
been addressed properly, and I think it's proper for local
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#3 C page 2
officials to look into the legitimacy of the air qualIty standards
and regulation that we are subjected to from state and federal
governments. However, I don't think those concerns associated
with this company and the operation that they are planning to
have. What I do think is unfortunate is that those questions
about air quality and health concerns have been allowed to
overshadow to some e,xtent, not completely, the fact that
, General Mills is absolutely outstanding as a corporate citizen.
I'm not here to propagandize for them, but I want to get the
word out a little more to the community about what kind of a
company this is because I think it's good for Iowa City's
reputation to have them and I think it's only fair that people
get to know a little bIt more about the company and because
I've been involved with economic development efforts since I
was lucky enough to get elected to ,the council. It usually
involves them calling me up and asking me to ask Coach Davis
for basketball tickets, and then going to dinner with
prospective company presidents. But in that time I've gotten a
chance to talk to a lot of companies and I haven't seen
companies that have the kind of portfolio awards that General
Mills have. They truly are the Cadillac of food packaging and
processing companies. I want to go through quickly a few of
the awards that they have won because it's such a beautiful
marriage between this company and Iowa City. I think I
understand the kind of political mix that we have in Iowa City.
It's the only reason I llve here, because we live in this kind of
liberal community where people have respect and tolerance for
other people's view points. In 1985 General Mills was
presented with an award from the department of labor for
voluntary efforts in affirmative action areas. The Minnesota
state council gave them an award in MayoI" 87 for dealing
with handicapped barriers and removing them from the work
place. In NovoI" 8 7 they were named one of the 20 best
companies for working women. In Spring of' 88 they were
named one of 50 best companies for working women. In 1988
they received the America's Corporate Conscience Award by
the council on Economic Priorities for work concerning
opportunities for the disabled. They received again in Oct of' 88
rl'Cognition for working mothers. One of the 50 best companies
in the country all of these are. In 1988 they initiated minority
clerkship internship program. They received an award in Jan of
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#3 C page 3
'89 named as one of the 50 best companies for Blacks by Black
Enterprise Magazine. In Spring of'89 they received an award
from the American Indian OlC for it's efforts to improve
employment opportunities for Indians. In May of '89 they
received an award for support of minority businesses. In Oct of
'89 they were named one of the 60 best companies for working
mothers. In Jan of '90 one of the ten best places to work in
Black magazine. Ten best places to work in the countl)'. There
are 9-10 more awards and have been more since then. They go
all the way up to May of 1992. April of 1992 they won the
sixth annul corporate conscience award. When you pick up the
books that so many of us in this community do that tell which
big conglomerates you can buy from and know they don't cheat
women out of equal pay and they don't treat minorities
differently and they don't use the environment improperly,
this is one of the companies that's at the top of the list. I'm
extremely proud of Marty Kelly and his efforts to bring them
together with an empty building that's been sitting there for
-three years waiting for someone to put millions of dollars into
it. I don't know if you realize all of the people that had a hand
in it and General Motors for choosing Iowa City.
Courtney/Mills.
Larson/ General Mills. Don't get me started on General Motors.
Courtney/Dick Gibson said the same thiIig at P/z so.
Larson! They've had a movie made about them which I urge you all
to see.
Nov/ We also have to say that our concerns about the environment
are not because of General Mills practices. It's because of future
practices. This opens up the community to anybody not just to
General Mills.
Larson/ That's right. ["Or milling.
Kubby/ Although whenever we have a full stack in the area where
we already have some problems with air quality, I think it's
good to question things. And I think that's what this process
has done for me is to, luckily General Mills is vel)' open. I faxed
them a list of 21 questions and all of them were answered.
Some of them were answered to the extent that I needed. Some
of them weren't so I did some more research. So I think for me
just having a company that wants to come to town and answer
my questions isn't necessarlly enough because they're going to
give us their point of view which they want you to see. And I
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#3 C page 4
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felt very comfortable with the rapport that was created so that
in the future, if there are some concerns to the community or
neighborhood, I think the lines of communication are very
open to them to hear those concerns and to act upon them. I
put a lot of faith in General h"Jils to do that. We got a lot of
letters from mayors of other communities where General Mills
is either adjacent to residential areas or near a residential area
and those weren't enough for me either, because a lot of times,
I disagree with the majority on this council and I could see
where our council might write a letter to another community
where I would disagree so I went a step further and got a hold
of some neighborhocxl association people in those communities
because to me the people who sit at the head of the table have
a different perspective than those people who set the table up
before the meeting happens. I wanted to hear from those
people. And what I heard from them is that when there has
been a concern, it's been dealt with. That noise and dust hasn't
been a problem when things have been enclosed. And there are
some cxlor issues that different people had different opinions
about. But because this zoning change doesn't have anything to
do with the part of the processing General Mills will do that
might create some odors, that really isn't part of the discussion
here. Although in the future I'm very interested in the next
year and I talked to General Mills a little bit about this
approaching them with some sort of good neighbor agreement.
And not just General Mills but anybody in town who has a
stack including the hospitals, to open up the doors when there
are concerns that people will know who to call with a complaint
about air quality- either particulate matter or smell. So that's
something I want to work on in tlle next year, year and a half,
is getting a hold of anyone who has a stack in their process.
General Mills may be the first because I've already talked to
them a little bit about that. So I think that there's been some
trust developed here and I think that's reallmp0l1ant. Not just
because of environmental concerns but just new people coming
to town. I think it's very Important. I do want to encourage
General Mills to use local people in their rehab of the building.
And there were some things in the staff report that I want to
conunent on real briefly. There was a lot of faith put in about
Iowa Department of Natural Resources where in the PZ minutes
it outlines where the DNR has regulations. If a citizen has a
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#3 C page 5
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complaint they can call DNR. There will be inspections. And I
guess my faith in DNR is decreased from experience here in
Iowa City calling and making a complaint because of state
budget cuts and state philosophies and just the situation, those
complaints are not being dealt with as quickly as they would
have been in years past. So I'm very interested in the
amendment going for anyone who has a stack that emits
particulate matter, not just General Mills. And would encourage
to move on that quickly and just to let people know that the
protocol of DNR is different than the reality of the, about the
complaint takes through DNR and the timeliness of getting that
rectified. So I will be voting yes on this and if there are
concerns I would be there to talk to General Mills.
Ambr/ I certainly intend to vote favorably for this first
consideration. Anyone who is privileged to sit in this office as a
city councillor in Iowa City has one overriding and primary
responsibility to ali members of the community. We each take
an oath of office every time we're fortunate enough to be
elected. And that primary mission of any councillor is the
protection of the health, safety, and welfare of all it's citizens.
So whether we're looking at the entrance of a new industry in
our community or any other item that might appear on this
agenda that will affect each of your lives that guides each one
of our decision making process, your health and your safety.
We all receive the minutes of every one of our bards and
commissions and I just know that everyone on this council is
conscientious in reading every word of the minutes,
particularly of the PZ deliberations. I was qulte pleased with
how that process was handled. It was quite thorough. I like
the end result. I wasn't able to attend the neighborhood
meeting in Village Green but I had relatives there. And I
talked to some of you who were there and you were very
favorably impressed with the process. As a city councilor, each
one of us was sought out privately by the executives of the
corporation to ally any fears or answer any questions we had.
It was just a magnificent process. You are very well
represented by your legal council locally also. I knew what
this meeting was going to be like tonight. So when I started
out this morning I had my usual bowl of cheerios. It has got
me really juiced up. Through the years I am sure that you
know that I know what my persona is in the community. I
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#3 C page 6
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have a business background and I am suppose to be pro-
business. As I have said before at this forum, I am pro-Iowa
City. Whether that happens to be business tonight, University
tomorrow, or just plain citizens the next time out. That is the
way I vote always. Through the years in working with the
dear friends in the audience like Keith Kafer who served this
community in the Chamber of Commerce for 32 years. We
have seen many many prospects come to us. My years on the
executive committee on the chamber or other activities on the
community. Believe me there were some , that we simply
walked away from. But as I told the gentlemen at our meeting,
I as one citizen, yet alone as a city councilor, am quite flattered
that you have selected Iowa City. I just know that it wllI be a
good marriage in this wonderful community. Because of some
of my activities r have gotten to know a lot of plant m,magers
like Marti Kelly who came here 19 years ago as a plant
manager of Thomas Hnd Betts. Each one of those gentleman are
very handsome, articulate and well tumed out gentlemen. But,
I can just tell you it is going to be a pleasure calling on Stacy
and the new manager here and seeing such a lovely lady
coming to Iowa City as a plant manager. That is refreshing and
I think it is indicative of the kind of company that we are
fortunate enough to have In Iowa City. I certainly wllI vote
yes.
Horow I I am voting yes, too. But If you think I am going to follow
that act your crazy. That is It.
Gentry I Darrell, can I have some clarification. Was it moved to adopt
the ordInance that I delivered to you tonight.
Courtney I No. As written. The Oliginal ordinance.
Kubby II hope that those four noels was a direction to staff to do it for
the perfonnance standards in general. I am glad that Is the
message that you got.
Larsonl Darrell, the other thing that we got on the record last night
and I want to make sure that it gets on the record tonight
because I had had a couple of constituent requests about it was
that in the rehabilitation of the plant to fit it for General MIlls
needs. They \VIII go through from what they call a open bid
from qualified bidders so that all the entities in the community
that do this kind of work that are qualified to do so can
participate in that bidding. Certainly not restricted. I had had
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#3 C page 7
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questions about them and I wanted to make sure that the
community understood that.
Courtney I Several months ago when the possibility of this company
coming to town was announced and I got interviewed in the
paper and was quoted in the paper saying that is was every
mayor's dream to have a company of this stature decide to
locate in your community and then the deal started to fall
apart for various reasons and the quote looked pretty bad for
a while but then thanks to MaTti and his persistence it all came
back together again. I still believe that comment. I called
every mayor of every city where General Mills has a plant and
I may be a little prejudice in this. I didn't go past them but I
took their words for it. I just wanted to read a few of their
comments. Council all got copies of the letters that we got
from them. But just for the record and the viewing aurlience !
wanted to except a couple of things from them. From the city
of Lodi, California where they have been for 44 years, "The City
of Lodi has benefitted greatly from their presence over the
years and commends their good neighbor approach when '
locating in a community." My conversation with the mayor
there and where we did start talking about the possibility of
some fragrances cOIning out occasionally, he said that the
biggest problem was when he was working in his garden, he
would occasionally get a wlff of COCOA Puffs and get hungry
and have to go in and eat. He was gaining weight. From the
City of Fridly, Minnesota, " I have been mayor here for 24
years and before that a member of the city council and
planning commission and in all of that time I have never had
any resident complain concerning eitller smell or dust from the
mill." From West Chicago, "Over 40 years they have been a
gocx:l corporate neighbor." From the City of Buffalo, "General
Mills came to Buffalo back in 1393" and goes through several
processes that they do fh<:re. "I heartedly recommend General
Mills to your city cuuncil. It means jobs, it means tax revenues,
it means progress to you city." Again from Covington, Georgia,
"our relationship from General Mills is entirely positive and we
are proud to be associated with them." In particular, the city of
Albuquerque. If you are familiar with the desert communities
they have even greater concerns about air quality than what
we do here. It states,"The Albuquerque plant is located in an
area of nonattainment for particulates. Consequently the plant
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design and operations parameters require a lengthy process of
air quality review and permitting. I believe if a cereal plant
can be permitted in this designated area of nonattainment,
then it is quite likely that you should not have any difficulties.
The local plant does not emit odors as it is not a wet milling
process. And the single story design has a low visual impact.
The brief time that General Mills has been in Albuquerque, it
has made significant contributions to our community. It has
been a positive model oftorporate citizenship. Recently the
General Mills Foundation had announced grants of over
$450,000 for educational and cultural initiatives in our
community." That is the sort of comments that I got every
place that I called in the country. I have accompanied the
General Mills folks to virtually every meeting that they have
been to in town and have never heard any questions dodged.
Everything has been answered. I am h~r~ to welcome you
heartedly to the city.
Roll call-
The ordinance passes first consideration.
We will have two future considerations at the next two council
meetings. Thank you.
I am sure all of you would like to stay for the rest of the
meeting. In case there is a couple who want to leave we will
pause for a few seconds.
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#3 D page 1
Courtney/Moved by Ambr, seconded by Horow. Discussion.
Kubby/ I will be voting no on this. I have disagreed with this project
the whole way through. And I think it is inappropriate
development for the entrance way to Iowa City arid I can't
support the preliminary or the final plat. And I wish John
were here. I would have really liked-he would have been
intending to vote no. I would have been interested in hearing
his comments on-for many reasons it is sad that he is not here.
I would have liked to have heard him.
Larson! John was going to vote no on this tonight.
Kubby/ Yeah.
Courtney/Any other discussion.
Roll call-
The resolution is adopted, Kubby voting no.
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Courtney! Moved by Ambr, seconded by Larson.
CHANGE TAPE TO REEL 92-72 SIDE 2
Horow! I have read all the material on this. I have followed this
particular parcel since PIZ days and I have watched it very
closely. The design that we are faced with dealing with this
evening. I don't have any problem with the length of the cuI
de sac. My common sense tells me that any time we are about
to build a street that we know at some point has a potential for
flooding over. Common sense tells me that that is not very
prudent. I feel very uncomfortable with other issues in the
city where we are doing things that will potentially deal with
the flooding situation such as Idylwild. And so even though I
recognize that the subdivision is well designed, I would prefer
that it looks to the connection fonn the east of the other road.
And so I will not be voting for this this evening.
Larson! I am going to vote in favor of it. Just so the public doesn't
think that I don't care about flooding issues because I do< i
want to say where in tat I disagree with you. And that is is
that the city engineers and the developer worked to identify
some grading and some changes in the topography there to
make the drainage situation better for some of the residences
that are already there. I think the only issue that remains that
they can't improve is the fact that the hundred year flood level
the street entrance to this cuI de sac maybe a foot under water.
I think that the chance of that being a problem is so slim and
the benefits to this anangement being valid enough that I am
going 0 vote in favor of it. I think that if they hadn't taken
some steps to improve the grading in the area and to improve
the water problems that some people are having, I maybe
wouldn't feel that way. But to me this is a question about
trafflc flow and I am convinced that there are still other
options to make goof traffic flow in that area so I am going to
vote in favor of it.
Courtney! I am catching some glimaces out here like there might be
somebody-are you part of the neighborhood. Since we do have
both sides of this represented here tonight. There is not an
official p.h. scheduled but the developer is here as well as the
neighbors. So I will give each of you a chance to address
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~\ council if you would like. Go ahead right now. Before we all
f~o fmish making our comments.
Judy Jltrl:I71 am on Aber Ave. on the west side. And I have a couple
of things that I want to talk about. One is I am concerned with
the extra high density housing going on west side that we don't
have green space. And I am hoping that the city is looking at
adding on to Willow Creek at least that one section which is
flood plain. The other concern I have is everybody keeps
talking about it being 100 yr. flood plain. It floods every two
to three years. It is not 100 year. And what you are looking at
if you are making that a short cuI de sac or a cuI de sac that can
only go through our of Teg, you are going to have 23 houses
that every two years won't be able to get out. And besides
that, with the soccer games and things that go by that back up
all the way through there. You have all of the cars that block
people's houses and block the ends of streets. You can't get out
there. So I think it should continue through the top part the
way the original cuI de sac was written. So it wouldn't be a cuI
de sac. It would go straight through and connect to Aber on
the east side. I know that we have had a lot of flooding and
when I heard about Teg already having a problem of flooding
over it ,mct water flooding back up through their culverts.
Mormon Trek at the end of Aber was suppose to be able to
handle. They built it and had to take it out to put a bigger size
culvert in. Since I have been on Aber Ave. for six years, we
have flooded over that at least four times. I have seen cars
stalled there twice. Just on Mormon Trek which is supposedly
can handle the water and is not suppose to have ay water over
the road. And Teg we already know has problems with water-
already knows that you have a lot of water flowing through
there and I am concerned that you are going to end up with
people having no way to get out. And what do you do for
emergencies and what do you do for access that way. The
other question is as you are adding more houses in that area it
is changing what is flooding back towards us on the west side.
Again you keep saying 100 year flood plain. I would change
that to two or three year because just with all the housing and
everything, water backs up. When we first came we were
canoeing out our back yard. Which is flood plain, yes. It is 100
year flood plain. But it has already filled up with water
between our Abel' and Plainview at least three times this year.
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So, every time you talk about that I don't think you can look at
a 100 yr. flood plain. And it is also a wonderfui area for wild
life. We are talking with some of the neighbors. They have
seen deer. They have seen beaver. They have seen fox. There
is a lot of animals and things out through there. If you do end
up adding a park place.
Ambr/ You live right on Abel'.
Judy~ Uh-huh.
Ambr/ Do you have a sense of your community. Would they not
mind if Abel' was cut through.
.PulTI I think most of us would move.
Ambr/ You prefer that.
,PUll! I think that if it were cut through we would move.
Ambr/ That is what I was thinking. Making it a through street then.
);tin; Make us a tluuugh street. Also, if you put anythingtlJ.at
connected through-straight thTough to Abel' you would have to
have a bridge that would be suspension or something because
anything that would block that water flow, you are going to
have the water backing up even worse than it is now. Anhe
end of Abel' right now there is a six food drop to the plain on
our side.
Larson! I appreciate your concerns about the water and I want to
have Rick or Larry or someone address the difference between
how often water flows over there. I think the 100 yr. flood
level is kind of misleading sometimes. But that is a level on a
map and the street is constructed to be about a foot below that.
I think it is interesting that you talk about wanting to move is
Abel' is made a full street. That is one of the reasons-that and
the improvement in the flooding and draining situation that I
think this development will entail because of the extra work
that they are going to do is the reason I want to vote in favor
of it. Because I do think people feel exactly the way you do.
That the people in this new development will prefer it to be a
cuI de sac. 1 think that people feel strongly that way. And I
think that connecting the streets is necessary for the benefit
for the overall neighborhood. Where that is necessary for good
traffic pattern. But I didn't think it was necessary in this case.
.Fuill I think It would be the same as ours connecting up through Cae.
We connect up through Cae and that is our way out. When we
can't get out the other side, we can get out the top area and I
think that would be the same. If you connect Teg and connect
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through or have the other way people are going to choose the
other way to go off of Sunset. It is shorter. It is not going to be
a convenient access. It is not going to be a cut through street.
But if you are saying-
Larsonl I still think people would prefer a cui de sac a little bit.
.Ftl11J Yeah. You prefer a cui de sac but you also prefer an outlet.
Seeing it from we have flooded I hate to have somebody else
have to go in...
Larson! Thank you for your comments. Your local knowledge is
important. Could you address, Rick.
Novl I would like to say one more thing while Rick is coming. The
one foot is for the 100 yr. flood plain. There will be six inches
many more times.
Rick Fossel That is one of tlle comments that I was going to make.
The flood plain will flood during various frequencies of floods
and the 100 yr. will get out to the flood plain limits out there.
You will see frequent flooding and the back yards of those
houses along Aber are intended to detain water. That is the
storm water detention for that subdMsicn there. MOImon
Trek unfortunately was designed over top. That is a design,
that by today's standards, is not a smart thing to do. It is
something that was built into hat street. It is something that
we wllllive with until we improve that culvert until we choose
to do so. '
Larsonl Translate for me.
Fossel At the time that was built it was deemed a smart thing to do
to size it so that is carries most of the flows but it will top
occasionally. At one time tlmt was deemed an economical thing
to do.
Larson! I don't doubt that it is economical.
Kubby I So how wlll the extra-creating that swailin the back of the
houses that are adjacent to current developm~nt and having
the culvert under the street-how wlll that help prevent-how
will that make things different If that didn't happen.
Fossel We have not looked at the detailed construction drawings yet.
We have seen a couple versions of grading plans. Until we see
the construction drawings we are not going to know the exact
affect or impact of it. However we have met out there with the
neighbors at the end of Hafor Circle and looked at pictures of
fooding out there with the developer and the engineers so that
everybody is informed of what problems exist out there and
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what the goals are for development. That is to not make the
problems any worse or alleviate them if possible.
Novl Are you pretty well satisfied that these roads wlll not be made
worse by creating more concrete out there.
Fossel There will be storm water management as a part of this basin.
So I don't see that as significantly adding to it, no.
Nov I Do you think that it would be any different if this were not a
cuI de sac but a U-shaped area fOT development. AU-shaped
pavement.
Fossel By making this street connect with another one, a U-shape in
effect, where that will have the advantages in those cases
where Teg in inundated by flood water-those people will have
another way out of the street. The Intent of the design now I
think what they are tIying to do is make it such that when it
does flood it only floods deep enough that you can still see
where to go on there and drive through it safely:
Kubby I And you think that is possible with some of the plans. That
it will be flooded but that you can still get thTOUgh it. 11 won't
last real long.
Fossel It is pOSSible to do that but of course I haven't seen final
plans yet so we don't know whether in this instance that it will
happen.
Horowl Rick, is this really in-In other situations has this caused any
cities ay problems. What is the precedence for this over way of
water being projected on a road.
Fossel I don't know the answer to that. It varies from situation to
situation. Like I said, on Mormon Trek in years past It was not
that uncommon to allow streets to over top periodically. But as
people demand a greater level of service the standards have
changed over the years.
Horowl What about the winter and the Ice. What has been our
experience on Mormon Trek at that particular location.
Fossel It Is not over topped In the winter since it is generally not
raining then.
Courtney I And it really doesn't matter whether this Is a cui de sac or
If It is a through street. You are still going to have flooding.
Larsonl You just have another way out.
Fossel We don't want to elevate Teg Drive down at the location
because of the water coming off of Hafor Circle.
Larson/l guess I just think we are kind of making a choice. You can
have your own feelings about it. Maybe I am sensitized by
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living on Rocky Shore Drive where I have got that LeMans
Speedway going past me everyday. Given the choice of having
their access denied once every couple of years for a half hour a
day or whatever and a through street, I think most people are
going to choose to have the cuI de sac and not have the traffic
increased with the through street that it would provide even if
it is a marginal increase.
Kubbyl Although that is really a theoretical choice that peopie have
because realtors don't tell them that things like that happen.
So I don't think that that process goes through. I think people
look at the cuI de sac and that is scmething that they can see
and people are requesting. Obviously that is why the
developer made that choice. But they are not going through
that process and they won't have that information.
Larson! They won't know the flooding frequency of the thing.
Kubby I I wish there was a way that we couid mandate that realtors
tell the whole story but that is another issue.
Novl You have to come on a rainy day when you are shopping for a
house.
Courtney I Since we had some comments. I am getting the indication
that John or somebody would like to speak back there.
Kubbyl It would be helpfui to me to hear your commitment to
finding a grading plan or whatever the solution is to help
alleviate some of the problems.
Gene Kroegerl I am a partner in this developer and I am a Realtor
for 2S years also. And one of the things we do as realtors is we
sell what people want and we try to develop what peopie
want.People buy the lots and they tell us what they want and I
can tell you that it is 4-1 that they want cui de sacs. There is
less traffic and it is more of a community and it is safer for the
kids. It may not be as good for the snow plow but that is six
times a year or seven times a year. People live there every
day and they want it. I can tell you from my experience.,
When we first designed this street we designed it much higher
and the neighbors came and we had a meeting with them. And
they wanted us to lower it. We talked with Rick Fosse and we
will do what it takes to satisfy it as best as we can. We have to
put in a storm water detention area. And we will do what it
takes. But the engineers have to tell us. I am not an engineer.
But it makes sense if we keep the streets and we put a culvert
under it. The engineer has to design it.
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#3 E page 7
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Horow/ In your expelience as a Realtor, have you ever told someone
of a situation that was of an adverse sort of situation before
they bought the house.
Kroeger/ Absolutely. I think you have to tell them everything. You
can't stay in the business 235 years if you don't.
Horow/ You are going to tell these people that there might be times
that they are not going to be able to get out on the street.
Kroeger/ The engineers say that there will be a foot of water in
there at some point. I don't live there. I live at the end of a
cui de sac by the way. And when it rains I get water down
there. But I know that and I know that water runs down hill.
And believe me, people want to live in cui de sacs. I guarantee
that they much prefer them than through streets.
Kubby / Your engineers have said that you cern figure out a way to
deal with this so that when there is flooding there is about a
foot and it is not there for a long period of time. That that is a
possible engineering feat. That is ;.,ithin your economic
fonnula.
Kroeger/ You would have to ask Rick or larry, our engineer, that that
can be done. I can't answer that. That Is not my expertise.
Courtney / I think in the true 100 year flood it is going to be much
more than a foot but that Is going to be one of our less areas of
concern in the city when that big one finally hits that we have
been talking about all of these years. We are going to have a
lot worse problems than that street.
Kubby / They are going to deserve sand bags just as much as people
in Idylwlld.
Courtney/ When that flood hits the reservoir Is going to be over top
as Rick calls It and we are going to have a lot of problems.
Kroeger/ We are willing to meet with Rick and the staff to make this
work but I can't design It. They have to. Thank you.
, John Moreland/ I am one of the partners also. I would just like to
start from day one when we started looking at this project.
There Is 40 acres of land there and another 10 acres on the
other side of the creek that abuts up to Willow Creek. It Is
fairly low. I happen to be a developer on a project up behind
New Life Fitness where I have an access ambunt of dirt that I
need to use. Gene and I both thought that when we were
originally looking at It with he price of the land that John Dane '
wanted that we were going to have to come in and fill this 10
acres over hill and tty and put Abel' through in order to just
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#3 E page 8
make it work financially because was pretty set on his price.
He said take it or leave it. That is about what it ended up with.
The more we looked at it and the more we thought about it is if
we could get cui de sac lots. They are worth maybe $2,000-
3,000 more. Maybe we could go ahead and pay John's price
and maybe somehow we could talk John into either dedicating
the land or selling it to the city or whatever to extend Willow
Creek Park and not put Abel' through. That has been our goal
and I think that it is kind of a trade off. We prefer to have a
quality of life for those people over there with cui de sacs that
those people sort of enjoy. It is a little different. And to not
extend Abel'. That has been our goal all the way through. As
far as the storm water goals. We met with Ed Gingerick out
there and some of the other people and we cannot get a
grading plan until the city engineering staff is completely
satisfied with the way we are doing it and the way we are
designing it. And we are going to be working hand and hand
with them everyday to make sure that it is going to be the best
solution of everybody possible. Now according to everybody's
thoughts, we feel that when the water gets up to that point
where you can still drive through it. One of Ed's suggestions
which we though was a very good idea was to have some type
of markers along the r.o.w. there. It would be trees, same kind
of decorative trees so that people know exactly where street Is
at. And It still would be dangerous for them to have access to
their house up on the cuI de sac.
Kubby I That Is a nice solution.
Hot'owl That doesn't cut any ice with me at all. John, let me
challenge you on something. I am sure you have heard us
discuss the area south of the city In terms of the wetland, the
number of wet areas. But one of the concepts that finally
emerged-and that is what is e.xcitlng about land use. Larry
Schnittjer can come up with about seven different designs that
he has really pushed. One of the concept tlmt came out of the
discussions south of Iowa City was the fact that we were going
to have to get developers talking to each other to cooperate
with the judicious use of the property out there that wasn't
soggy. For the most part developers don't talk with each other
and we wind up with less than adequate storm water-taking
care of the storm water. This developer developers only their
own little section. And there is not a 'general overall look to see
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#3 E page 9
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what is the best angle. So when I look at this particular piece
of property and I am not knocking the cui de sac concept. I am
really not. But I keep questioning, have you talked with
parties around that area. Is there another way of giving them
a different configuration of more than one cuI de sac. But that
you come In from Aber on the east.
Morelandl We have a cuI de sac coming in from there. As far as
your comments on the storm water, Susan, I don't know what
we can do other than hire the best engineer in town and have
them do everything the city engineer requires. I don't know
what we can do above and beyond that.
I-Iorowl If you come in with a design, John, the staff, unless I am
wrong, automatically looks at that and helps you do that the
best way possible. What I am saying is that this can't be the
only design that you have looked at. Try three more and see if
there is anot11er way of making that a cui de sac but not coming
off ofTeg. '
Morelandl Susan, the original design started out with 74 lots and by
the time we tried to do some of the things that slaff wanted.
To straighten Teg out and everything else, we ended up with
62 lots. So we ended up with lots that are going to cost about
$3,000 or 4,000 more because of certain requirements that
people wanted us to meet. So, we can change to come to all
kinds of designs. If we go down to 45 lots, would you like to
pay $35 for a lot or would you like to pay $50. We are trying
to come in-there are a lot oflots in Iowa City that are over
$50,000 and you can quote me right here as saying that these
would be in the mid 30s and we will stick to that., Where else
can you go on the west side of town and find one in that price
range. If you want to come in and over regulate and say that
you have got to do this and you have got to do that. We will go
down to 50 lots or 55 but then we are going to have to raise
the price up and we are trying to get it down to were you can
build a house for less than $200,000. Believe it or not that is
hard to do in this town. And I mean, it is just a trade off here.
We are trying to keep the ten acres. We are trying to extend
the park if it works out with Dane. We want the cui de sacs.
We looked at designs. Three or four or five different designs.
And I mean this seemed to work out the best and we were
fortunate enough that P/Z unanimously agreed with us. Gene
and I have both lived here all of our lives. We are not trying to
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#3 E page 10
slip something through that people are going to come back to
council a month after they buy a lot and say why didn't you
tell us it Is going to flood. If Gene misrepresents selling a lot,
that is the worse thing that he could ever do. 1 don't think that
anybody is going to be sold a lot there without knowing exactIy
what happens. That is crazy on our part. We plan on being
here.
Kubby 1 It would be helpful to me to hear from neighbors. If there is
a difference between the street flooding and having the house
flood. WitIl Idylwild, the issues are much more magnified.
Although I agree with Susan in the past we have talked about
looking at the flood plain ordinance to maybe not allow
residentIal development in flood plains and I would like us to
look at that again. But it seems different here so I guess I want
to hear when you have problems with water in the street. Do
you have problems with water in your homes. You don't. To
\ me that is a different level of water issues when you have your
~~~ basements or your front yards flooding in a consistent manner.
.l't1111 If they are going to be able to mark the road and say that it is
low enough to drive through so that it isn't totaly blocking
access, then that changes (can't hear). I don't know where the
storm water detention area is going to be that's going to take
care of all this because that other pond (can't hear) gets full.
Kubbyl There is planned to be another area.
Moreland! There's going to be a debate on. At PZ the only thing we
didn't decide was whether they wanted us to hook it into west
side park's water retention and make it one big one or whether
they wanted two separate ones. Basically what it came down to
was PZ said we'll vote for this. We would like you to sit down
with the cl1y engineer, MMS, and whatever city and MMS think
is best for evelybody, whether you connect them together or
keep them separate Is what we'll support. Because nobody has
real expertise in that area other than them.
Kubby 1 It seems li1<e the neighbors who lived down there have an
expertise as to what really happens on a rainy day, on a rainy
day basis. And it might be interesting to have them privy to
the discussion because they might have some valuable input to
say that sounds good theoretically but what really happens Is
the water overflows here and there. That might be the most
valuable information you could gel in conjunction with the
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#3 E page 11
e,'xperts. I would encourage you to get involved with Judy and
other neighbors who might want to get involved.
Larson! I think that's our staffs responsibility.
Moreland/ We've met with several of them Karen. We actually got'
photographs they've given us. They've been real helpful. We've
invited everybody to our meetings with the city. We'll work
with them whatever it takes. The city engineers have to be
completely satisfied or they will not issue a grading permit.
That's a stop gap right there. Everybody needs to be satisfied
until that's issued. You also get a chance, all the final plans
have to be approved before you approve the final platting.
Horow/ I know John. I have appreciated your development in other
areas. But I'm thinking, not of the first time buyer, but the
second, third, and fourth. We have to think on the future on
this whole thing and this is what distresses me.
Larry Schnittjerl On the issue of the depth of the storm water in the
street, I think that one thing you're forgetting is that the storm
water management ordinance allows for storage of storm water
in the streets. We don't do it because we don't like the idea, but
it allows for storage of storm water in the streets up to a foot
deep.
Horowl It does?
Schnittjer I It does.
Horowl That's terrible.
Schnittjer/ It was for the original concept so that we don't like it so
we don't do it. But there are several places where it could occur
in this community because of the way several of the early
basins were designed.
Horow/larry, just because we do something one time doesn't mean
we have to keep doing it. Right?
Schnittjer/ It's not a good design concept. t ;:.gree with you.
Larson! But what it does mean Susan Is that If the ordinance allows
it.
Schnittjer/ That is the limitation that we are using of one foot on this
design. We can't raise the street any more because 'of Teg
Drive, when it was originally designed, is so close to the
floodway that we cannot raise it any higher. Otherwise we
would be filllng in the floodway. And whether we use this
access point or another one. Our early design called for Teg
Drive to turn shm1Jer and get into the subdivision so we could
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#3 E page 12
raise it. Public Works and the Plmming Dept. didn't like that
because they didn't want a sharp curve in Teg Drive.
Hot'owl I guess your design is more than adequate in most cases.
But my cotmnon sense.
Schnlttjerl I share your concern. We have to look at all of the issues
involved with this ting. And you have to make a judgement
and this is the judgement that we made.
Courtney I This is very consistent when there is water involved.
Horowl I went home last night and I thought I wonder if there is
such a. thing as constructing a street with a metal mesh so that
the water flows through it. Is it possible. You leave these
meetings and you think of all these crazy things.
Schnittjerl I guess I don't understand the logic in doing that. There
is a rather significant culvert underneath the street at the same
location.
Horowl Let the water flow under the mesh rather then-never mind.
Schnittjerl We have got a big tube under the street. What do you
need the mesh for.
Horowl Some how it felt safer.
Schnittjerl We can get ourselves a draw bridge to put there.
Novl Actually porous cement is probably a good idea for driveways
rather than the street.
Courtney I Rick, we each have our own point of reference or personal
experiences on this and as you know I live on a cui de sac and I
do enjoy a cuI de sac. I wish I lived up where John Balmers, he
lives up at the top. I am down at the corner. So I have to put
up with his traffic back and forth all of the time. We had a lot
of problems with flooding in that area and I guess I am
Interested In what sort of degree of flooding It would take to
experience what we experienced out on First Ave. which I
consider a dangerous situation and at the bottom of Post Road
there. There were times when you really couldn't get through
that because of inadequate storm sewage there. Is that a two
hundred year flood or what. We were headlight high on cars
out on First Ave. there.
Fossel To get it that deep It is going to be something much in access
of 100 yr. flood. Until we review the construction drawings we
won't be able to predict the frequency at which it floods.
Whether it be once in five years, 20 or SO. Until we see that
elevation and go through the numbers we won't know for sure.
The floods that you experienced in ~our area were from a
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#3 E page 13
smaller drainage area. TIley are a little bit more peakier. They
can come up faster and go down faster. This is on a larger
drainage area. It will come up slower and go down slower.
Courtney! They is a creek there and we see news items all the time
about creeks that have flash flooding down through them and
all and cars up to their headlights and so on. You have these
visions and you are kind of a little suspicious of this too.
Fosse! The one ting that we have going for us here is that is the part
of the water way system within the city that was mapped as
part of the flood insurance study so we do have data on that
creek and we can hopefully predict with good accuracy how
deep the water is going to get at different frequency flows.
Nov! Has Willow Creek flooded.
Fosse! Certainly. They all do.
Nov! And we have a god idea of how deep it gets and how far up
from the banks it goes.
Fosse! Right. What is more important for us is how high it gets when
it does that so we can predict how it will react when you
encroach on the flood plain with different types offill.
Kubby! When you do all of these calculations is upon the final plat
approval.
Fosse! Right.
Kubby! Before we see it for final plat approval. So.if these questions
aren't answered to our satisfaction that is our-is that a point
where we can reject it.
Gentry/ If they don't meet the city standards for design.
Larson/Recommend a design for this street and the stann water. If
they say no we can't do that it is too expensive, we can turn it
down next time we see it at the final plat level.
Fosse! Right. It sometimes gets ugiy at that stage.
Larson! They have demonstrated a commitment to doing something
that satisfies you. I just want to make sure everyone
understands that we can force them to live up to that
commitment.
Horow! When you build street that you know are going to be
underwater evel)' once in a whiie or are adjacent to a creek
that is subject to flooding and if doesn't totally go on top of it, is
there a different construction required for that particuiar site.
Fosse! No there is not. In Inost cases it doesn't make a difference.
Structurally it doesn't have an impact on the structure of the
pavement. If you have solis that are unstable you are going to
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#3E page 14
have to look at that as you do in any other case wether you are
paving on the hill or down in the vaHey.
Horow!! Because this Is a soggy area are the soils stable.
Fosse! We won't know until we dig in it unless I take soil borings
ahead of time. That is something we go through with the
construction of any street in town. If they get into soils that
are unstable you core them out and replace them with stable
material or rock until it meets our design standards.
Kubby! That is status quo.
Fosse! Yes.
Nov! Can you tell us why the staff recommended against this cui de
sac.
Fosse! Part of it was the snow plows. Part of it was the access issue
during flooding. And I think it was primarily related to snow
issues.
Courtney! What is the issue on the snow plow.
Fosse! CuI de sacs, because there is one way in and one way out they
tend to bring themselves up on a priority list even though we
try to hit the arterials first and the major collectors and
collectors. We are getting lots of caHs from people on cui de
sacs that can't get to work. And that is when we need to react
to those. We need to deal with those types of complaints.
Horow! Probably John Balmer.
Fosse! They can get to work in the morning...
Courtney! Someone mentioned something about garbage collection. I
am just looking at my own case on a cuI de sac. I haven't seen
any problems with either snow removal or garbage.
Larson! Yours is five houses long isn't it.
Fosse! I am not aware of a garbage collection problem.
Courtney! Someone briefly mentioned that last night. On something
on garbage. Okay. Thank you.
Pat Gingerich! Illve 2035 Abel' which is the last house on Abel'
before you get to Danes field from the west. I have llved there
for six years and I have watched the water with much fear.
And we had a sump pump installed fairly quicldy once we
moved in. It has run but it hasn't run that much. And the
people lived in it for three years before we moved in without
one. But one of my concerns I guess is that I have see direct
south of us the water turn into a lake several times there and
last summer it flooded the field a third of the way up. I saw
that. I don't have a picture but I saw that. That is a real worry
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to me. I really appreciate Susan's comment about how they are
looking to ,develop 23 lots but there is more land there than the
23 lots and where is all of this water going to go eventually. I
am worry about that little pond that you want to build. The
extra one. Because it is real close to my house and I also know
that the pond on the other side that is currently in existence
has silted up quite a bit. So I think the soil is fairly movable
and it would need to be diligently looked after to make sure
that the water is always held enough. But I am real concerned
about that water. You might figure it out for Teg but what
happens to the water eventually. I want to make sure that it is
contained. The problem that I see with the non-access is the
worst possible case is that there is a flood that you can't get
through and someone has a heart attack and someone needs
emergency care. And you are talking about well how long it
would take. You know, you don't want any time at that point.
You want them there as soon as possible. The water does come
up and go down fairly quickly. Whenever there is a lake it is
gone within about 6-8 hours. I would appreciate you looking
at the whole thing at once. Not just looking at that litile area.
But doing the whole thing with a plan in mind.
Larson! I appreciate those concerns. I do think our city grading
ordinance and the fact that the city has to sign off on it. We
did look at a map of a proposal for cui de sacs throughout that
area last night. And we have tried to look at the whole area
and I think what the engineers would tell you is the water
goes down Willow Creek and that is why it gets out of there
and their job is to move it to Willow Creek in a way that it
doesn't impact on properties like yours. With regard to
emergency vehicles, I don't worry quite so much about the
medical emergency because I think when they dispatch
someone they can dispatch a helicopter if there is a flooding
situation and they are aware of those kinds of things. To me it
is more of a situation with the people getting in and out and a
fire type situation. I think emergency vehicles can get through
a lot of things that average cars can't. I think you have
legitimate concerns.
Gingeric~! I am also interested in the development of that area for a
park if it does happen. I would be real interested in getting
Involved and I know lots of people in the neighborhood would
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#3 E page 16
be thrilled to death if it was a bike bridge. Not a real big traffic
blidge.
Nov/ I was also concerned about emergency vehicles. And I was
assured by staff yesterday that emergency vehicles with a
higher wheel base can go through 12 inches of water even
though you and I could not in an ordinmy car. That was a little
bit better. But still this is a legitimate concern.
Kubby / Rick, if you know the soil type and if it is a soil type that
caused the water retention area to silt more quickly than
another one, you compensate for that with depth and width for
the shape of it. Is that correct.
Fosse/ The type of basin that is out there now, the wet bottom ones.
The function of it is not impacted by the sediments that come
into it. Oniy that area above the normal water will attenuates
to floods.
Kubby/ Oh, those are wet bottom.
, Fosse/ The one that she refened to that is filling up with sediment is.
I don't know whether the proposed one will be a wet bottom or
dry bottom but they are not design with excess storage for
sediments although there is an escrow maintained indefinitely
that provides for that to, be cleaned out if necessary. The
problem we are dealing with here especially for the people
along Abel' is that they have got ago ground upstream from
them and there will be some ago ground upstream form this
one as well.
Nov/ And is it a cily responsibility to dredge those.
Fosse/ It is the developers responsibility but we have-
Gentry/ It is the developer and the subdivider and the subsequent
owners.
Nov/ Lets say the developer finishes up developing and evetything
is done and ten years from now ilis silting. Who takes care of
it.
Gentry/ The owners.
Fosse/ That is why we keep some money ion escrow. There is a
backup there. That is what the limited release agreement is all
about.
Kubby/ If we get complaints from Abel' folks.
Gently/ We use that escrow money.
Horow/ It is better for the land owners to ask the city to do it. Or
would the landowners get reimbursed form the escrow money
if they did it.
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#3 E page 17
Fosse/ We have not been through that process.
Horow/ And the question is who initiates it. At what point do a
group of neighbors know enough about tIus process tImt they
come to the city and say we need this siltation cleaned out.
Please reimburse us. I doubt vel)' much that they know that
process.
Ambr/ I disagree with that. I have had two neighbors call me in two
different sections since I have been on council and got to it.
Call your city councilor.
Larson/ If they have water problems they are not going to need to
know the process to know how to complain.
Moreland/ I just wanted to say one more thing. When we designed
tI1e storm water detention area, it is going to be designed with
the calculation based on all 62 lots. All those calculations will
be made and it is also going to be done with the idea in the
back of our minds that if the city eventually takes this on as
parkland what is going to be the best way to design it where it
would integrate into the park system. So tbosethings all have
to be done with those things in mind. I think that if the city
doesn't end up with it for park or whatever, anybody that buys
a lot out there, Susan, knows that they have to be notified that
they are members of the homeowners association. And that
eventually they do have to maintain that.
Courtney/We keep saying if and maybe on this park. What are the
issues there.
Moreland/ Basically P/Z said, Darrell, is that they-they don't have
any problem with these 23 lots. When we go to plat the rest
of the lots they want to make some type of deal with John
Dane. I lllean that is sometI1ing that Gene and I have no control
over. Obviously we want to see John do it but we can't put a
gun to his head. I would hope that 11mt could all be worked
out. That is why I say if and when.
Horow/ Just so I understand. Mr. Dane is waiting for us to say
something back to him.
Moreland/ The way we left it after the last P/Z meeting was that
when we come in to plat anymore, we need to plat the whole
rest of the subdivision and at that point John needs to be
Involved with negotiations. You just can't come in and say we
want another 11 lots. We have to plat the whole rest of the
thing and there has to be some kind of agreement one way or
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the other worked out with John Dane. That is the way we left
it with P/Z.
Novl And when does this happen.
Morelandl When we go to prelim. plat the rest of the 30 acres.
Novl I am talking about when in tenus of 1992,1994-
Moreland/Quite frankly the way it looks right now if the interest
keeps the way it is going we will probably be going in for the
prelim =. plat this fall on the rest of it providing everything
keeps going the way it is. So I don't think that there is any
question that it will come up in less than a year. And John is
aware of that timetable and so that will have to be addressed.
Kubby IFor Pat and Judy's sake some people to get a hold of if you
are interested on working on the park issue and the bike trail
is Casey Cooke who is on P/z and anyone on P/R Commission.
Ambrl I would like to recommend to the neighbors also~are you
aware of setting up a neighborhood group like they have in
other parts of town. I can see a lot of issues coming with the
park and the expansion. I know that you have a lot of
problems there with parking when the playing fields are used.
The neighborhood doesn't want to have that street cut through.
You have a myriad of issues and I would suggest that you get
in touch with our neIghborhood selvices coordinator with a
possibility of setting up a neighborhood group like we have in
three or four other places in town. It is a darn good laiason.
Kubby I f"eel free to call if you need names and numbers.
Doug Jones/ I am also on the west sIde of Abel' off of Mormon Trek.
I just want to make really two comments. And one is that I
would hope that Abel' would not be connected because right
now it is a very nice very quiet. Children play. Play on the
sidewalk and will go roller skating on the street. Ride their
bike on the street. And the road is really ideally suited for that
because it is a fairly wide road for such a neighborhood. So in
terms of-the whole neighborhood would certainly hope that the
road would not go through. I realize that you have to consider
the greater good of the whole city and not just for that
neighborhood. But the neighborhoods perspective I think-
certainly I would hope that that road wouid not go through.
And the other thing in terms of having some sort of nature
preserve for foxes in that field and people have seen beavers,
deer. And I do think it would be a loss as green areas are
disappearing if that whole area were deveioped. And one of
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the other things is about these pools. One thing to consider is
that these retention ponds that the closer they are to houses
with small children the greater the probability of having a
tragic mishap and that is one concern that I have about having
a pool of water closer to the residential areas is that you do
increase the probability if drowning.
Kubby / For issues regarding the paTkland area or whether Abel' goes
through or not will happen when that next plat comes in and at
the P/Z stage is where you might want to get involved. And
you could give the staff your number and when that happens-
Or give the developer your number when that happens they
can get a hold of you.
Abr/ Also I am happy to see the affectionate words to our deer. And
if you want we can have some transported into there from the
north end. We have SOme folks up there that doh't haVe the
same high regard that you do.
Courtney/Any furt~er discussion on tIus item. Long ago we had a
motion by Ambr, seconded by Larson.
Roll call-
The resolution is adopted, Horow and Nov. voting no.
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Agenda
Iowa City City Council
August 4, 1992
Page 9
f. Consider a recommendation of the Pianning and Zoning Commission A
concerning an application submitted to Johnson County by Pleasant () 1.13
Valley, Inc, to rezone one acre of a 54-acre tract from A 1, Rural IJ.'
District, to RS, Suburban Residential. This property is located in
Fringe Area 6, approximately 1 Y, miles south of Iowa City on thl
southeast corner of the Sand Road and Nursery Lane intersection,
Comment: At its July 16, 1992, meeting, ,the Planning and Zoning
Commission recommended, by a vote of 5.0, that the City Council
forward a comment to the Johnson County Board of Supervisors
finding that the request to rezone the one-acro tract from A 1 to RS
is consistent with the mutually agreed upon Fringe Area Policy lor
Area 6, This recommendation is consistent with the staff recom-
mendation contained in the memorandum dated July 16, 1992.
Action:
JJntJ/1iH;;
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ITEM NO.4-
PUBLIC DISCUSSION.
","'.
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ITEM NO.5-
PUBLIC HEARING FOR THE PURPOSE OF REVISING THE "POLICIES AND
PROCEDURES GOVERNING THE OPERATIONS OF THE IOWA CITY HOUSING
AUTHORITY."
ITEM NO.6.
Comment: The 'Policies ,,,' manual was iast amended in 1988, The Housing
Commission reviewed the draft and, on July 9, 1991, recommended to the City
Council the revised and amended document, Legal staff has reviewed the
revised document. Under State Code It is necessary to hold a public hearing
prior to the adoption of the new Policies and Procedures Manual.
Action: -1.//6,/ #tJ Ya rh(~ (AUlr0~
.~ '1 -I- 6. o~rJ~
CONSIDER A RESOLUTION REPEALING THE 19B7 POLICIES GOVERNING
PARTICIPATION IN HOUSING ASSISTANCE PROGRAMS ADMINISTERED BY
THE IOWA CITY HOUSING AUTHORITY AND ADOPTING THE POLICY AND
PROCEDURE MANUAL OF THE IOWA CITY HOUSING AUTHORITY.
Comment: See comment above,
Action:
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Agenda
Iowa City City Council
August 4, 1992
Page 1 0
ITEM NO.7-
ANNOUNCEMENT OF VACANCIES.
a. Board of Appeals - One vacancy for an unexpired term ending
December 31,1993. IMarcie Roggow resigned,1
b. Board of Electrical Examiners and Appeals - One vacancy for a
journeyman electrician for a four-year term ending October 26,
1996. IJames Montgomery's term ends.)
c. Committee on Community Needs - Three vacancies for three-year
terms ending November 1, 1995. ITerms of Keith Ruff, Grace
Cooper, and Mary Ann Dennis end.)
,.; "
d. DeSign Review Committee. One vacancy for an unexpired term
ending July 1, 1994, (Barbara Davis resigned,)
I
e.
Mayor's Youth Employment Board. One vacancy for a three'yccr
term ending November 4, 1995. (A. K, Traw's term ends.)
ITEM NO.8.
These appointments will be made at the September 15, 1992, meeting of the
City Council,
CITY COUNCIL APPOINTMENTS, ~ r
a. Consider an appointment to the Airport Zoning Board of Adjustment
for a five year term ending FebrUary 26,1997. (John Ruyle's term
ended,1
Action: J.,y1;t. ~G'L&tf!~
II J, 1\. rfi1wM1 ,
b. Consider an appointment to the Board of Adjustment for an
unexpired term ending January 1, 1997. IJeff Barta resigned.)
Action: .:In ^'~... ~ J? ".,) ,
1::>"/7 R oc..h,'.(J)jA) A1M.I
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c. Consider appointments to fill two vacancies on the Design Review
Comm~tee ,for three-year terms ending August 4, 1995. (Judith
Dows and Alan Swanson resigned,1
Action: JII.... \Y\oAl~,,) t&tltlt\ .Jt{).(l"U
0(11./JI.. 1~1M)
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Courtney/Council appointments
Kubby / Mr. Mayor could we take item e. out as a separate item and
vote on it separately-the PIZ COlmnlssion
Courtney/ The appointments....
Item e.-
Last night council agreed to appoint George Starr...
Moved and seconded (L,rrson/Horow). Discussion.
All in favor-
Motion passes, Kubby voting no.
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Agenda
Iowa C;ity City Council
August 4, 1992
Page 11
~~i
Mb;'~ir,/
ITEM NO. 9-
ITEM NO. 10 -
d,
Consider an appointment to the Mayor's Youth Employment Board
for a three-year term ending August 4, 1995. IThe MYEP bylaws
were amended by Resolution 92.28 dated February 4, 1992, adding
two new members to the Mayor's Youth Board - one from Iowa City
and one from Johnson County. This will fill Iowa City's position.1
Jill,'(liI} (lM:U,-,
( D Cfid~w <:;:trN)--
Action:
e. Consider an appointment to the Planning and Zoning Commission
for an unexpired term ending May 1, 1993, INancy Reid resigned.)
Action:
~t-
lfSO t.
ShAAJ
.<9a'le1' ^~..v- ~ r,
Clri COUi~CiL INFORMATION.
k~
REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY.
a, City Manager,
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b. City Attorney.
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Courtney/City council infonnation.
Horow/ I had two things. #1 was this cable t.v. business with the
scrambling of the weather channel. I just wanted to say that I
felt that our staff and the city responded to the cable company.
I am not sure where it is right now.
Helling/ The weather channel. It is on Channel 32. My
understanding it will be there tlu'ough the end of the Olympics
which I think is Stmday and then it will go back to channelS or
9.
Horow/ And are we taking any action against the cable company for
having violated the terms of the contract.
Helling/ We have already written them a letter informing them that
they were in violation of the franchise agreement and further
requesting that tlley at least put the weather channel back on
full time. In which they did. It doesn'lnegate the fact that
they were in violation and our estimation still are because of
some of the notice requirements. And that will be taken into
account whenever it is reasonable or whenever it is applicable
like the franchise agreement.
Horow/ This is what is known as a paper trail. It certainly is
something \hat one builds before one takes on tlle franchise.
Nov/ Dale, would you tell people how to write to voice their
complaints so tlley are on record for the franchise agreement.
Helling/ Anybody who wants to and I would encourage anybody who
has complaints to wlite a letter to the city council, to the mayor
or to the city manager or to Drew Schaffer, the BBTC specialist.
Address it to whomever and send it to the Civic Center here at
410 E. Washington St. and it wlll go on record.
Larson/ On that issue I noticed in the paper yesterday or today that
the Des Moines branch of this same parent company has been
giving refunds to customers that have complained about losing
the service that they have contracted for. It would not say
what you had to say to get the refund. They wouidn't say that
they were giving blanket refunds. But they did indicate that
they were giving refunds for people that complained about
losing something that they bought. Without notice and without
a choice and I think that maybe several thousand people
demanding those refunds might have an effect in the future
insensitive moves of this nature.
Helling/ If people wish to, it Is my understanding, this decision to do
this was made at the corporate level rather than at the local
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#9 page 2
level and certainly writing to TCI Corp. may have some impact
as well.
Larson! You don't need to be mad at the local people necessarily.
Horow/ The second thing has to do with curb side recycling
program. Our household got a pink slip. We had too many
newspapers in too many things and the lid wouldn't stick on
the garbage can. So it came off and we got a pink slip. I'm am
quite chagrined and will certainly do better the next time. I
guess why I am doing this-stick with It people. Just keep
sticking with it. Rearrange those little bags. If at first you
don't succeed, tIy try again. People who have written us very
frustrated because they take their recyclables to the drop offs,
that Is fine. Go right ahead. But what we really need are those
other people who have not been doing it and so the ultimate
objective is to reduce the size of the landfill. I am hoping-
Nov/ I will show you how to stack your newspapers.
Horow/ I am also taking out all of the glossies from the newspaper. I
am not called a primaJY care giver for no reason what so ever,
in our house...
Courtney/Along those same lines the Public Works Dept has ordered
some of the very large lidded containers that were
demonstrated here months ago and they will be coming in soon
for purchase. When they are here we will have one at the
council meeting to show people...
Ambr/ Old they pick up your newspapers.
Horow/ Yes they did but I got the pink slip.
Larson! There was no fine associated with that....
Ambr/ You still let your cat 11m loose.
I just want to say congratulations to the City High baseball
coaching staff, all the parents and certainly the players for a
really thrilling and magnil1cent season. I think that the
newspapers described it rather well. The championship game
was a bizarre game where our boys out hit the opponents
substantially but they won 9-8. And I just say nice going.
Keep your dobbers up and we will get them next year.
Horow/ What Is a dabber.
Ambr/ I wm show you later.
Larson/ They think that It is a record for the number of state
championships for anyone high school. The City High this year
got four and that is believed to be the modern day record. No
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#9 page 3
high school had ever received state championships in four
sports before.
Ambr/ I predict that west high will do well too
Larson/ Cross countlY, track, wrestling and-
Ambr/ Women's track.
Larson/ I had three quick things. One I wanted Dale to update us or
you, Mr. Mayor, whoever chooses about where the process is
with regard to dealing with the problem of a private land
owner using city land for farming operations.
Helling/ I think there are really three issues with that. We are-the
first issue being what if anything can we do to recover any
money. I think that is primarily a legal issue. I think council
may have to make a decision on that based on legal.
Larson! That is being looked into by legal.
Gentry / Yes.
Helling/ TIle second thing of course is what do we do now to protect
and preserve that property. Again I think it is a question of
what legally can we do from the standpoint of state law and
how it relates to farmland and fencing and that sort of thing.
And that is something that we talked about yesterday. Third
thing is the future. AE has made some suggestions about how
to treat the land. We have to determine what we can do with
the land. I don't believe it is park land. It is part of the north
branch detention basin. And so those are some questions that
really need some longer tenn kind of planning thing to decide
what we wlll ultimately do with it. If it might become part of
the park or if it stays part of the detention basin. Whether it
wlll be preserved in prairie grass or whatever. That is
something that we will come back to.
Kubby / It is not uncommon, especially at HlckOlY Hill, much of the
detention is used regularly as parkland as well as. I liked that
there wasn't just a challenge to how things were going but that
the groups who brought this issue to the public's attention said
we will give time and energy towards some of this. That was a
real positive way.
Helling/ The P/R Director plans to, ifhe hasn't already, contact them
and tlY to set up a meeting. He will be on vacation for ShOlt
period of time. TIY to meet with EA and the other folks who
are interested and tlY to go through the alternatives and work
with them.
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Larson/ While I might disagree with some of the tone of some of the
people that commented on this in various forums, I think that
they are excellent points and evelybody is trying to do the
same thing which is Improve the public's enjoyment of that
property and to make sure that the tax payers are receiving
their fair deal. I know that there are a lot of legal Issues. I
hope that those get worked through. Thank you for the update.
I hadn't seen any follow up comment and I know some
members of the public were interested in what the city was
going to do.
Helllng/ I don't think anything is going to happen over night. It is
going to take some time to work tlu'ough all of this.
Gentry/The longest thing that is going to happen is Public Works is
out there slowly tag it in terms of survey lines. We really need
to know the boundmy lines and I think our best-my suggestion
would be we direct a letter to the people who have
acknowledged using the park that they are no longer to use the
park for grazing, cattle, and farming. That would be my
suggestion at the get-go right now.
Larson! I don't have any problem with whatever legal's
recommendation Is without knowing the pros and cons but I
want to make sure that council's direction to the legal dept.is
that we recover any money that Is owed the tm: payers if
possible and we set things straight for the future. I don't think
we necessarily have an adversarial situation. We have good
citizens there. there was obviously some misunderstanding
and I hope we can work it out. I just want to make sure that
, the public knew we were starting to work it out...
Gently/Legally we need to put a fence up there. So the first thing
we need to do Is put the owners of the cattle on notice that
they are not to graze and they are not to repay without paying
a lease fee.
Larson/ I don't think we 1'1111 necessarily have to be antagonistic
about It. I think there was some misconullunlcation that led to
the problem.
Gently/No. But If you get Into a situation where you are tlylng to
recover money for past grazing it wlll become antagonistic.
Larson/ The second item we talked a little bit about last night and
got some coverage was that that I hoped as a council and as a
city city that we 1'1111 look at all the Issues surrounding the use
of the corner where the bus depot is In an effort to make that
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the city property is properly used. Again, for the benefit of the
tax payers and properiy compensated if it is ieased. The
amount of monthly rent that we have been receiving on that
building is in my mind woefully short of market vaiue and I
hope that when we get around to deciding whether we are
going to enter into any long term leases that we take an
analysis of what is best for the city and the tax payers in terms
of the use of that property. The third thing was that in the
consent calendar tonight we changed some parking
requirements on 200 S. Johnson in order to accommodate a
school there that is a vaiuabie member of our community. I
just wanted to publicly notify the people that live in that area
that if that parking change causes a probiem for the residents
of that area that they shouid feel free to iet city people know
because those things aren't written in stone and we can Chill'1gC
some things if e,xperlence who's it is necessmy.
Fosse/ Tramr engineer will be sending a letter to each individual
that fronts on that one block just to let them know what the
changes are.
Larson! And I think the wording on that could maybe be such that
they would understand that we don't really know all the
affects of parking changes and they should iet us know. Thank
you Mr. Mayor.,
Courtney! Ms. Kubby.
Kubby/ I had three items. One was that I haven't been on Prentiss
Street for awhile and I noticed that Capitol View Apartments '
part 2 if that's still what it's being called, the footings are there
the weeds are growing and it's just sitting. Is there once, I
know they've got the building permit. They've done some
construction. Do they have any deadlines by which they have
to proceed before they have to go through any kind of a
additional process or can they let it sit as is indefiniteiy?
Karin Franklin! It Calmot sit as is indefiniteiy. This would be
something I'd have to check tlu-ough HOllsing Inspection
Services.
GentlY / SLx months.
Franklin/ Because it's enforcement, yeah.
Kubby / From the date of the building pennit.
Franklin! Now what has to be shown is that they're making progress.
Kubby / Of the weeds growing.
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Franklln! Well I don't think the weeds would qualify as progress on
construction.
Larsonl Then does the permit get automatically cancelled?
Franklin! It expires, yes.
GentlY I Of it's own weight.
Kubbyl So if that happens, what is the next step for the developer or
for the city to take?
Franklinl yell the next step if that building permit expires than,
before there is issuance of any new permit, there must be
compliance with the new PRM zone.
Kubby I Now if that means their work that has all'eady proceeded
needs to change, then they would be responsible for teming
that up and starting over again?
franklin! Well perhaps they can use the foundation. Probably not
because I think the set-backs will change, but unless they have
it as footings for a patio.
Kubby I Could you, I could just call housing and Inspection to get a
date?
Franklin/ Yes.
Kubby I I can do that, since you're spending your time. And the other
question I had was about Rochester hills. About two issues.
One, have we heard anything about the Haddock Cottage being
purchased?
Frankllnl It has not been purchased yet.
Kubby I And when is that six months. Is it in October.
Franklin! It's in October. End of October.
Kubbyl It's sometime in October. I can find that out. Do you know if
there's been any progress? Any serious negotiation?
Fr~Ulklinl My understanding is that of the serious negotiatIons that
were tal<ing place, those have fallen through. I don't know if
there's anybody new on the scene.
Kubbyl And the second issue there was of the grading that was more
than what was thought. What kind of remedial action will take
place?
Franklinl I can't answer that. Maybe Rick can.
Fossel We're not completely decided on how to deal with that either.
Is it significant enough that it warrants action or not. And we
haven't made that decision.
Kubbyl Okay. So the minutes that I read that had this as a concern
were June and it's August. When, how is that decided? How wlll
that decision be made? .
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Fosse/ We've not been through that before so I'll sit down and
, discuss it with the public works director, see how he wants to
proceed.
Gently/There was a cease and decease order on it.
Fosse/ Was there?
Gently/Yes. Doug Issued one.
Kubby / That means they have to stop what they're doing.
Franklin/ They have to stop what they're doing wrong.
Larson/ Can you update us on that?
Gentry/ How to remedy it is another question and Doug is on
vacation.
Larson/ Can Doug, Chuck, and Linda update us on that?
Kubby/ Yeah. Can we get a memo to have some information?
Fosse/ We can get an update from Doug on that for you.
Nov/ Do we have any penalties on our grading orcllnance.
Gentry/ Yes. You can cite them as environmental infractions.
Nov/ We keep getting reassurance. People will file a grading plan.
We never get any real assurance that they follow exactly what
the plan.
Gentry/They did file an acceptable grading plan. The people on the
bull dozers didn't follow It.
Nov/ That is the problem.
Courtney/Anything else.
Courtney/My last item was and 1 don't know If you are goIng to do
this, Darrell, talking about tlle parkIng ramp level.
Courtney/ Uh-huh. Okay.
Also as part of the consent calendar tonight we did agree to
institute a new-actually at this point it is an experimental plan
with tlle Capitol Street Parking Ramp. As a result of many
hours of dIscussion wIth bOtll the Down Town Association and
the Old Cap. Mall Assoc. and we have already instituted some
changes hI the pricing there. There has been some level of
dissatisfaction with long term parkers takhlg up the retail
space on the first few floors. So we are going to l1y a new
program that from 6 to 10 o'clock PM there will be no parking
on the flrst three levels of the Cap. St. Ramp. And that will
allow the shoppers that come In for the 10 o'clock opening of
the retail businesses to have a place to park near the lower
levels and the long term parkers that are using it all day would
be forced tip into the upper levels. I would lIke to again say
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that it is e;xperimental and we are certainly going to be open
for comments as time goes. It starts-
Helling! Hopefully next Monday to phase it in. We won't be able to
put up all the signs at once. As we get the signs made we will
start in at one level at a time. Certainly before school starts
and before some of the long term parkers that we are talking
about come in and start to develop their habits it should be
signed completely so that there will be no parking dtiring that
time.
Nov! This is Monday until Friday.
Helling! Yes, Monday through Fliday.
Horow! That was my question. Somebody asked me about football.
Helling! Football Saturdays are a whole different thing.
Courtney / I haven't read the paper yet tonight. I don't know if we
got any press tonight But there is nOpress here currently
other than the cameras. I would hope that our staff gets press
releases also on this so people are aware of it before it exactly
starts.
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Courtlley /City attorney.
Gentry / I have two things. I misinformed you last night on the
pesticide ordinance from Paul Pappick and I apologize for that.
I did have the ordinance. It was in a stack of mail that I had
gone through rather rapidly and I missed it. So I do have that
law school's version and I will call together my cOlmnittee and
report back. Professor Pappick is gOlllg to be gone for a week.
So we should still be on track for the middle of August,
hopefully.
The second thing is that I want to announce that Marsha Wag
Boreman, my new assistant city attorney is here. She has been
here for a week and she had to start when I was on vacation.
But she is doing quite well. She jumped in with both feet and
had a trial scheduled for today and it was dismissed and so she
won her first case. And we are having a brunch from 11-1 a
week from Wednesday onthe 12th to welcome both Marsha
and Mary. They sort of got over looked when we were so busy
earlier this year. I am sure that you are all as happy to see her
as I am.
Kubby / We have a law office full of women. There is one man.
Gentry/We went through a lengthy recruiting process as you all
know. Steve and Tom Scott were the last interviewed.
Larson/ For 200 years men have been hiring men. It is alright to
have some women hire some women.
Courtney/Next time we have a discussion about gender balance the
men now have something to talk about.
Gentry/ And Bill, she is a Vlliv. of Iowa graduate.
Courtney/....
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Agenda
Iowa City City Council
August 4, 1992
Page 12
ITEMNO.ll-
QZ-221
CONSIDER A RESOLUTION REJECTING THE BID FOR A CONTRACT FOR THE
CONSTRUCTION OF THE LANDFILL SCALE HOUSE PROJECT.
Comment: The bid opening for this project was held Juiy 29, 1992. The
following bid was received:
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Frantz Construction
Alt. #1
Deduct
$63,815,00 $740.00
$35,000,00
Architect's Estimate
ITEM NO. 12-
'12-22.2.
Public Works/Engineering recommends rejection of this bid and that construc-
tion proceed by City staff,
Action: ~fLtJ..mJ / }) &1~JlV
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CONSIDER A RESOLUTION TO CHANGE THE NAME OF WILLOW CREEK
COURT TO JEMA COURT.
Comment: A street in Willow Creek Subdivision was named Willow Creek
Court and it has since been determined that a street by that name already
'exists, Therefore, it has been requested that Willow Creek Court of Willow
Creek Subdivision be renamed Jema Court,
Action:
~Jhu}1 thuiJ
ITEM NO. 13.
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CONSIDER A RESOLUTION APPROVING AN AGREEMENT WITH THE
UNIVERSITY OF IOWA FOR USE OF THE MARKET STREET RIGHT.OF-WAY IN
CONJUNCTION WITH THE NORTH CAPITOL STREET PATHWAY PROJECT.
. .
Comment: The University of Iowa proposes to install streets cape amenities
within the Market Street right-of-way behind the curb line In conjunction with
the Capitol Street Pathway Project. An agreement has been negotiated with
the University establishing terms and conditions for use of the Market Street
right-of-way, Staff recommends approval of the agreement.
Action:
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COUliney I Moved by Larson, seconded by Nov. Discussion.
Horowl Where are we getting the city staff time and money to do
this construction.
Fossel Well we have not decided exactIy how it is going to be
constructed. Whether we are going to do a stick frame or build
a foundation and bring in a frablicated stmcture or just how to
tackle it. We are still working out those details.
Horowl Do we have the staff to do this.
Fossel In tile off times. Yeah, there are periods where they can
dedicate times to things like this.
Horowl I thought your staff was over-
Fossel Well the engineers aren't building it. They only draw it.
Kubby IWhat you are saying is that no other project would be put on
hold oranotIlerproject put lower on the list.
Fossel No. I don't believe that that will be the case. Chuck could
address that.
Larsonl Doing it out of the fat on tile city budget.
Helling! That doesn't necessarily mean 111at we might not contract
WltIl somebody to pour the fotmdation
Kubbyl We have money allocated for that.
Fossel If you recall we did that to a lesser e,'\tent for the pollution
control storage building. We contracted out some of tile major
elements and city staff did the rest. It seemed to work well.
Courtney I Roll call-
The resolution Is adopted.
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Agenda
Iowa City City Council
August 4, 1992
Page 13
ITEM NO. 14 -
CONSIDER A RESOLUTION AUTHORIZING STAFF TO PROCEED WITH
ACQUISITION 0': PROPERTY FOR A COLLECTOR STREET BETWEEN
ROCHESTER AVENUE AND HICKORY HILL TRAIL.
ITEM NO. 15 -
'Ie.- 2.2,/
Comment: On May 11 the City Council heard a presentation from staff and
concurred with the need for a collector street in northeast Iowa City between
Rochester Avenue and Hickory Trail, Four alternative alignments were
evaluated and the City Council concurred with staff on the preferred alignment.
In order to facilitate the private development process it is necessary for the
City to acquire the corridor. It is expected that the street will eventually be
constructed in conjunction with the private development process. At its
meeting of June 9, 1992, the City Council deferred this item to the meeting of
August 4, 1992. Staff recommends that the item be deferred to the meeting
of August 1.8, 1992. ,
Action: rA~)/ c/{t~ df.!AJ iJ __ q~
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CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO ?,l-ECUTE AND
THE CITY CLERK TO ATTEST A LEASE OF CITY-OWNED PROPERTY AT 404
E. COLLEGE STREET PURSUANT TO WHICH LEASE H & H PROPERTIES WILL
LEASE SAID PROPERTY FOR A TERM OF FOUR MONTHS.
I
Comment: Tho torms of this lease are essentially the same as the recently
terminated lease; however, it does not provide for needed maintenance of the
property, That will be the' subject of any long-term lease which might be
executed in the future. The monthly rent of $633.59 is tho s~mo .s the
previous lease.
Action:
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ITEM NO. 16-
q [- [,Z S
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CONSIDER A RESOLUTION AUTHORIZING AND 6iRECi'iNGA'ubITOR OF
JOHNSON COUNTY, IOWA. TO PLACE THE QUESTION OF INCREASING THE
IMPOSITION OF A HOTEL.MOTEL TAX BEFORE THE QUALIFIED ELECTORS OF
IOWA CITY, IOWA. AT THE GENERAL ELECTION OF NOVEMBER 3,1992, AS
AMENDED.
Comment: Chapter 422A of the State Code outlines the steps necessary to
impiement or increase the hotel.motel tax, As outlined in the Code, the
ordinance Is not considered by Council until after the election. Council must,
by resolution, direct the County Auditor to place the question of the imposl-
tion"ncreasing of such a tax before the electorate to be voted upon at the
general election in November, The public measure is contained in the Resolution
and is the question that wili appear on the ballot. If the eiectorate approves
the tax, the Council wili then proceed, after the election, to consider the
adoption of the Ordinance imposing the tax.
Action:
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Courtney/ Moved by Larson, seconded by Kubby to defer.
Discussion.
Horow/ What is going to take place since I will not be here that
evening what are we going to talk about.
Helling/ Karin just left. I believe two things- #1 a public discussion
of some sort to receive input perhaps and then the resolution
as written and been deferred.
Larson! Will you be here when you get the packet before you leave.
Horow/ No.
Larson! I would think this might be a controversial item that we
need a full council.
Helling/ Karin is outside. I just saw her jacket out there.
Horow/ The bottom line for me is because this whole area has been
, the subject of discussion and creative imaginative ideas have
com fort'!. ' It seems to me that our ,discussion in June or on
May 11th has almost not mute but certainly subject to change.
Karin, I asked the question of item #14 authorizing staff to
proceed with acquisition of property for collector. May 11th
took place. Our discussion that you held with us was before we
disctlssed the owe business about the northeast area willi ACT
and all of that stuff. Since i am not going to be here on the
18th of August I just wondered what was-why is this being
defelTed. What were you going to present us.
Franklln/ Okay. It was being deferred to allow Chuck Schmadeke to
put together some drawings of another alternative If we looked
at the wetlands. The last discussion that we had Wltll you, the
question was raised about the wetlands In this area and what
the affect would be on the wetlands of the street alignments of
the streets that we are talking about. And so we did an
evaluation of that with a couple of people and we wanted to
bring that back to you but also to have drawings to show you
what we have been looking at.
Larson/ And my question, I guess, for the mayor, Is whether this
might not be the kind of Item that we would want seven
people.
Kubby/ Is there any need to do It on the 18tll or could be do it the
first meeting In September.
Franklln/ We could do It the first meeting In Sept. for sure. What I
do ant to do is If you can resolve that tonight as to what you
would like to do, 1 want to send out nollces to people about
this. This is one Item that we talked about. The mayor and I
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#14 page 2
discussed having a public discussion prior to the resolution
'consideration because we do know that there is interest out
there on this item.
Kubby/ So that would be the 31st of August.
Franklin! Correct. The 31st is a work session. The meeting is the
first.
Karr/You deferred this to Sept. 1.
Kubby / I would remove my second to change the date.
Courtney I We have been told that we are scheduled to have
everybody that night but it is of course not guaranteed that we
will have everybody.
Larson! I would change my motion to defer it to Sept. 1.
Kubby / I renew my second.
Horow/ Thank you very much. I appreciate that.
Courtney I JulY further discussion. .
All in favor.
, The deferral passes.
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Courtney/Moved by Ambr, seconded by larson. Discussion.
Nov/ I have a question. Why do we need as amended in the title of
the resolution.
Karr/ Because of tile existing tm:. 5%. It is already on there.
Kubby/ So we are amending that ordinance.
Kan-/ We are increasing it to 2.
Nov/ Okay. So we are talking about amending an ordinance. It
sounds at tile moment that we talked about amending the Nov.
3rd election.
Karr/ Not yet.
Nov/ Okay.
Courtney/ Any other discussion. Council did last night discuss some
ways in which this increase would be spent. I think that if the
electorate ought to be aware of that when they go to,tl1c polls
and we will get more publiciiyouton this. In essence tt'1e
money, we agreed, would be pretty much allocated as it is now.
I hope I get it all right. 15% going to tile operation of tile
Mercer Pool. 25% to the CVB. 10% to the parkland acquisition
fund. However we did change that slightly that it would be
10% of the old 5% and the extra 2% would be used for some
items of improvement of parkland and current parks as
opposed to acquisition. Did I hit tllem all. Oh, 15% to police.
Ambr/ 50% to the police.
Courtney/Any further discussion.
Roll call-
The resolution is adopted.
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Agenda
Iowa City City Council
August 4, 1992
Page 14
ITEM NO. 17.
~z.- 2.2&
I
ITEM NO.18-
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CONSIDER RESOLUTION RATIFYING THE SETTLEMENT OF PENDING
LITIGATION.
Comment: Plaintiff Olson fell in the alley across from the Civic Center and
behind Gabe's bar in February 1989, She sued the Davis Building as well as
Gabe's, Inc., and the City, Plaintiff and all defendants reached an agreement
to settle the matter, without resorting to trial. This settlement agreement was
discussed with Council, and approved by the Council, in executive session July
6, 1992. This resolution formally ratifies your settlement, as required by Iowa
law. City Attorney recommends approval.
Action:
~ //krw
/
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CONSIDER AN ORDINANCE AMENDING SECTIOr~ 32. i -63, ENlffrml "FEES
OR CHARGES AUTHORIZED IN CHAPTER 23." OF THE CODE OF ORDINANC.
ES OF THE CITY OF IOWA CITY, IOWA, TO INCREASE THE PENALTY FOR'
ILLEGALLY PARKING IN A HIl,NDICAPPED PARKING SPACE TO AN AMOUNT
EQUAL TO THE FINE PP.OVIDED BY CHAPTER 321L, CODE OF 10WA.IFIRST
CONSIDERATION}
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Comment: Effective July 1, 1992, the State penalty for illegally parking in a
space designated under Chapter 321 L, the Code, for handicapped parking, was
increased from $25 to $50, Section 32.1-63 of the Iowa City Code of
Ordinances presently states the penalty for the same violation to be $25. The
Ordinance will increase that penalty to equal the state penalty, City Attorney
staff recommends approval.
ITEM NO. 19-
~?J5IL-S
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CONSIDER AN ORDINANCE AMENDING CIJAPTER 35, ENlffe~v~
FOR HIRE," OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY,
IOWA, TO PROVIDE FOR THE USE AND REGULATIONS OF PEDICABS.
(PASSED AND ADOPTED)
, .
Comment: This ordinance amends the current reguiations for taxicabs by
adding a definition for pedicabs and establishing regulations for their licensing,
This ordinance also requires a driving permit for each pedicab similar to the
present requirement for taxicab drivers. In order to implement administrative
procedures for pedicabs similar to taxicabs, additional changes have been made
in Section 35-17, 35.30, 35-31, and 35-31,1.
Action:
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Courtney/ Moved by Horow, seconded by Kubby. Discussion.
Ambr/ I will certainly vote for the motion but it has been my
personal view ever since I have e=been on council that I would
like to see that fine to be a $1,000 instead of $50. I just don't
think that this does much. I am chi grin about it but we have to
follow the state rule. The other day r saw a miracle. There
was a strapping 18 yr. old, 6'2", 200 pounder who pulled his
car into a handicapped zone. I watched him an hour later and
he came back cured.
Larson/ We had an individual park out at Prime Time one night in
handicapped spot and a gentleman who comes to almost all of
our games in a wheelchair just pulled up behind him, blocked
hhn in and canle in and watched the game.
Ambr/ It really is frustrating to see. This law has no teeth in it. Just
' have to keep pushing our own legislator. Our legislative
committee on the council.
Courtney / I think $50 is a good chunk now.
Horow/ I don't. I never have. This evening you told us that we are
able to do more than tile state does.
Gentry/ I was talking about air quality.
Horow/ The general rule of thumb for everything.
Gentry/ No.
Kubby/ They preempt whatever they want. You have to ask for
every issue. Do we have someone on staff who when state laws
change and we need to do things lil<e this. That kind of
earmarks-
Gentry/All of the departments do it. Jim Brachtel brought this to
our attention and the way Anne has written it, we don't have
to go back and redo it again. It wiII automatically be
incorporated into the ordhlance when tile state law increases.
Kubby / But the state law already increa~cd. July 1 was the date so
we are behind with the times.
Larson/ Now it is set at whatever the state sets.
Kubby / Okay. That means when tile state changes to $1,000 that Jim
wlll have signs prepared and on the date-
Gentry/He wlll be ready and we won't have to redo the ordinance.
The point is you wanted it sited under the city ordinance
because those revenues go to tile city and that Is why the
police officers as well as Brachtel brings tills to our attention.
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They say we want to cite the city ordinance and not the state
ordinance.
Kubby/ My concern is that we were-we probably could have done
this two meetings ago so that we had the ordinance and had
time to have the signs to put up.
Larson! TIlls was a strange legislative session it was hard to keep
track of everything.
Courtney/We always have everything go in on July 1.
Any other discussion.
Nov/ Collapse the ordinance. If we don't have sLx people next time
we can't do it next time.
Courtney/We are scheduled to have sLx. It can be collapsed either
time. We ah"eady have a motion on the floor for first
consideration.
Kubby / The least we could do is for the disabled handicap
Courtney/We have a motion on the floor for first consideration.
Horow and kubby need to withdraw.
Horowand Kubby / Withdraw.
Courtney/Moved by Ambr, seconded by Horow to collapse the first
, and second considerations. Discussion. Roll call-(yes}
Moved by Ambr, second by Horow to give first and second
consideration. Discussion. Roll call-(yes}.
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Courtney/ Moved by Kubby, seconded by Nov. Discussion.
Ambr/ Mr. Mayor I intend to vote for this ordinance. At the last
consideration I voted against it. I have done some research on
the subject since that time and my underlying reason for
voting against it was because I thought the need for the
ordinance was silly and petty and the extraneous. I also look
at my responsibility as a councilor. That is not my light to
judge what somebody wants to do if it is a legal matter and
they have come forward. So I will vote for it.
Larson! I just want to notify the public that it is my understanding
that the business will not probably start until next spring. But
I am glad we have afforded them the opportunity and look
fOlward to them as part of the scene.
Courtney/Roll call-
The ordinance is adopted
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Agenda
Iowa City City Council
August 4, 1992
Page 15
ITEM NO. 20 .
q e - 2e?
CONSIDER A RESOLUTION SETTING FEES AND CHARGES WITH RESPECT TO
THE ADMINISTRATION OF REGULATIONS OF PEDICABS AND TAXICABS,
AND RESCINDING PRIOR RESOLUTION NO. 92-23.
Comment: After the above ordinance has been passed and adopted, Council
should consider this resolution which establishes the same fees and charges for
operating pedicabs as existing for taxicabs.
Action: Ihl~/ ~
ITEM NO. 21 .
ADJOURNMENT,
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City of Iowa City
MEMORANDUM
, ,'.;'
DATE: July 31, 1992
TO: City Council
FROM: City Manager
RE: Work Session Agenda and Meeting Schedule
City Council Work Session - Council Chambers
- Review zoning matters
- College Green Park Plans - Project GREEN
- Report on U.S. Conference of Mayors Annual Conference -
Peg McElroy Fraser
- ' Hotel/Motel Tax Revenue Allocations
Policy on Abstentions
- Council Agenda, Council Time, Council Committee Reports
- Consider appointments to the Airport Zoning Board of
Adjustment, Board of Adjustment, Design Review
Committee, Mayor's Youth Employment Board, and
Planning and Zoning' Commission
August 4. 1992 Tuesday
7:30 P.M. - Regular Council Meeting - Council Chambers
August 3, 1992
6:30 - B:30 P.M.
6:30 P.M.
6:50 P.M.
7:05 P.M.
7:20 P.M.
7:45 P.M.
B:10 P.M.
8:25 P.M.
Monday
PENDING LIST
Appointment to Mayor's Youth Employment Board - August 18, 1992.
Appointments to Board of Appeals, Board of Electrical Examiners and
Appeals, Committee on Community Needs, Design Review Committee, and
Mayor's Youth Employment Board.
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