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Home My WebLink About1993-01-05 Agenda ir '1'"..- - - r - . - IOWA CITY CITY COUNCIL AGENDA REGULAR COUNCIL MEETING OF JANUARY 5,1993 7:30 P.M. COUNCIL CHAMBERS, CIVIC CENTER 410 EAST WASHINGTON ......._..._ . .~ y.-....._.........l In.-::...~._.- _ _ _,.__ ~ ~l' ____ . ____ I~-.' - ~ i , , i .. - " ll~r'"'~ 'J I , " " , . ..--f - 'r" - .- ~ - ~ J'-Ilr '""] I , AGENDA IOWA CITY CITY COUNCIL REGULAR COUNCIL MEETING. JANUARY 5, 1993 7:30 P.M. COUNCIL CHAMBERS !IIl!tiJ5 llel#kr !J,prlJ1?11Il fJ1r7el1 tfr7 UI{/ Iftrr l<!(rtr'lftt?1I4 /(It ~e.fd-kr , ., ITEM NO.1. CALL TO OROER. ROLL CALL. ITEM NO.2. MAYOR'S PROCLAMATIONS ITEM NO.3. a. Martin Luther King, Jr., Recognition Day' January 18. 1993. b. Bloo! 'Do~o\" !\lod1\ - 'J"hlul-V!t-' l~'l-J CONSIDER ADOPTION OF"THE CONSENT CALENDAR AS PRESENTED OR AMENDED. a. Consider apPloval of Official Council actions of the special meeting of December 14. 1992, and of the regular meeting of December 1 S, 1992, as published. subject to corrections. as recommended by the City Clerk. b. Minutes of Boards and Commissions. (1) Riverfront and Natural Areas Commission meeting of November 1 B, 1992. (2) Airport Commission meeting of November 24, 1992. (3) Planning and Z~nlng Commission meeting of December 3, 1992. (4) Planning and Zoning Commission meeting of December 17, 1992. (S) Board of Library Trustees meeting of December 17, 1992. " ft Permit Motions and Resolutions as Recommended by the City Clerk. ... (1) Consider a motion approving a Class 'B' Beer Permit for Pizza Hut of America, Inc., dba Pizza Hut, 1921 Keokuk St. (Ranewal) (2) Consider a motion approving a refund for an unused portion of a Class 'C' Liquor License for Johnson & Floss Entertainment, Inc., dba Wallaby's Club, 130 S. Dubuque St. (3) Consider a motion approving a Class 'C' Liquor License for Lohaus and Larson Investment Company dba The Alrlln Jr, 22 S. Clinton. (New) (4) Consider a motion approving a refund for an unused portion of a Class 'C' Liquor License for Three Elms, Inc., dba The Airliner, 22 S. Clinton. (S) Consider a motion approving a Class 'C' Liquor License for Iowa City Entertainment, Inc., dba Union, 121 E. College St. (New) q3- I (5) Consider a resolution to refund Cigarette Permit to the Airliner, 22 5, Clinton. ~ .:.;..J_ - - .... r ...... .........I'"{'"~ , ~ 'W ........ -1 '. , I , Agenda Iowa City City Council January 5, 1993 Page 2 ')3- 2. (7) Consider a resolution to issue a cigarette permit to the Airliner, 22 S. Clinton. (New Owner) d. Setting public hearings. (1) Consider a motion setting a public hearing on Tuesday, January 19, 1993, to adopt a 1991 Edition of the Uniform Plumbing Code as amended. Said code to be known as the Iowa City Fiumblng Code. Comment: The Board of Examiners of Plumbers has reviewed the 1991 Uniform Plumbing Code and recommended several amendments to accommodate local practices and to provide for licensing dnd enforce- ment. e. Resolutions ([3- .3 (1) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO A nEST THE RELEASE OF A LIEN FOR PROPERTY LOCATED AT 839 ROOSEVELT STREET, IOWA CITY, IOWA. Comment: The owner of the property located at 839 Roosevelt Street received a five-year, no-interest loan In the amount of $2,500 through the City's Housing Rehabilitation Program on July 29, 1988. On December 28, 1992, the owner made a lump sum final payment. Since the payoff has occurred. the City can now release the lien. f. Correspondence. (1) Letter from William P. Hoye regarding a parking ticket received at the C~pltol Street ramp. (2) Letter from May Kay McCune regarding a parking ticket received at the Capitol Street ramp. (3) Letter from Karla C. Sass regarding deer signs. (4) Letter from Terry Vargason and Susan Mellecker regarding proposed rezoning of property In the area of Market and Jefferson streets. (5) Letter from John G. Savage, Superintendent of the Lone Tree Communi. ty School District, regarding the proposed relocation of the airport. (6) Letter from Lora Prybll regarding the proposed relocation of the airport. (7) Letter from John McConnell regarding the Animal Control office. (8) Letter from Terry Dahms, Vice-President of FIRST (Friends of the Iowa River Scenic Trail) requesting an opportunity to present plans and goals to the City Council. ~~."'~"'.'. _._._.....n.."lm~ L---'" ~iJiikl....-'-._._...--"--1IT"'--~-~-~.1WI. t"" .,....-. .. ~ .....-- - , - -~ .... - ..... Agenda Iowa City City Council January 5, 1993 Page 3 (9) Letter from E.J. Liechty endorsing the letter from Sarah Hanley and Malcolm Rohrbough regarding dangerous conditions on Lee and Highwood Streets. (10) Lener from Hope and Gerald Solomons regarding parking on Mullen Avenue, Lee Street and Hlghwood Streets. (1 1) Memoranda from the Traffic Engineer regarding: (a) Gross weight limits on bridge over Ralston Creek at Meadow Street. (b) Parking prohibition 0", the north side of Hlghwood Street between Lee Street and Mullin Avenue. (c) Parking prohibition on DeForest Street, (d) Parking prohibition on the west side of Lee Street. ~-f'L o 0 ^ a.-w. f1A< ..tJ"..ll ('j.1) ( ~ &w.t / I END OF CONSENT CALENDAR ITEM NO.4- N% (!(~l c (1)~A::f.p) t/~ , pf~ I '..hv ~: I /dMfJt: ~~v 6ft) abf.. ( PLANNING AND ZONING MATTERS. ~ ~. 4.; a, Public hearing on an ordinance emending the Zoning Ordinance by changing the use regulations of certain property, known as Lots 13 and 14, Block One, Braverman Center Subdivision, located on Pepperwood Lane, east of Keokuk Street, from CO.1 , Commercial Office, to CC-2, Community Commercial. (REZ 92.0014) Comment: At its December 17, 1992, meeting, the Planning and Zoning Commission, by a vote of 6.0, recommended approval of a request, submitted by Ann Donahue and Southgate Corporation, to rezone the subject rroperties from CO-1 to CC.2. The Commission's recommendation Is generallv consistent with the staff recommendation Included In the staff report dated December 3, 1992. Action: I\~ IJ-1JPJ /1H1J~ b. Consider an ordinance amending the Zoning Ordinance by changing the use regulations of certain property, known as Lots 13 and 14, Block One, Braverman Center Subdivision, located on Pepperwood Lane, east of Keokuk Street, from CO.1, Commercial Office, to CC-2, Community Commercial, (RE7. 92.0014) (First consideration) Comment: See Item a. above. In a letter dated December 4, 1992, the applicant, Ann Donahue, has requested expedited Council consideration of this ordinance. Action: d'M<6~F/"'" Prl~" % , .___.._.___.... ..~~._..._.~.....~.~H_~..._. .JJr-" i.....~..-~.-:.,,_._--':.,_....~._--~_...;! If!OM - ~. ~f' 1 I I''''''~''~~' Y' ~ y- 114b page 1 Courtney/Movcd by larson, seconded by Ambr. Discussion. Larsonl Darrell, did you hear anything about Ihat ot11er property that is close to these. Courtney I Monica. Larson/ Did you hear anything about the properly that is c10sc to these. Moen/ We did contact that property owncr who has been aware of this rezoning request. She may come forward with a request to also rezone her property from COol to CC-2. She presently has a use that's permitted by special exception in the CO-l zone, would like to incorporate a retail use into her establishment and that retail use would not be allowed in the present CO-l zone. Larson/ There'" really no compelling reason to hold this up and wait and do this all at once, really. It's no big deal. Moenl I don't believe so. YOll'd have to go through the process of a P/Z recommendation so I wouldn't encourage that. Kubby I That just shows that doing this sort of thing really becomes creeping commcrcial, commercialism, in that- we specifically want this bulTer zone in between a higher intensity use with CC.2 and the residentialuscs, and by, I mean if we're talking about deCl'easing that buffcr, when willlt stop? At first I was thinking I would vote no on this, but because it's surrounded now by CO-I, if we rezone those two lots, it feels all right to me bccause you do have a fairly major street, Keokuk, blocking or being an additional buffer. But I IVould not be in favor of additional CC-2 going along the border and decreasing that buffer. larson/ Going south. Kubby I Going west or south. Novl Monica, which lot are wc refcrring to? It looks like just one \Vas in the diagram. Moenl lIIustratcd in the information YOll received is one of the lots that has been, that was the originai application made by Ann Donohue. And follOWing the staff's recommendation to the PIZ, the commission had choscn to also rezonc the lot immediately to the east 01' the shaded lot in the information included in your packcl. So. Novl Is this lot also owned by the same person'l Moen/ It's o\Vned by Southgate development corporation that also then requcsted that the lot be rezoned, ..-......... 1.~__ ;a;.__...........---'!.;.l'~" .~..,~.,,--..... I , '! _M I I , .a!>!Wl'.Y.:lttUMlI;---..... .... .. -....--u-..l--.-. ,__w_l'. r ..- ;~~ fi4b page 2 Novi Now we're going to have an L shaped CO-] area, righrl Moen! That's correct. Nov! And did we get any info,mation about why the person who wants the CC-2 in this spot couldn't use some of the other CC-2 which is very large, certainly available? Moen! There was some feeling, certainly location had something to do with it, Nov! Well. I'm talking about the illllllediatcly adjacent location. Moen! I couldn't address that, as to why they selected the lot they have in mind vs. the lot immediately to the cast. Nov! No. I mean the entire huge CC-2. Larson! Why couldn't they go into Pepperwood Plaza? Novi The Pepperwood PU7a has vacancies and why not? Kubby! There's somebody in back who thinks they can answer the question. ~'Ioeni Yc';. And there was some question as to whether or not there was really available areas within CC, within Pepperwood Plaza to accommodate that. Ann Donahue!I'm the one who's requesting it. And when we were looking for property to establish my business, there's nothing awilable in the Pepperwood location. The Magnifico's, the old Italian restaurant, was the only one. And sq. footage wasn't enongh, not for the retail space I'm interested in doing. We wanted to be in that area because of the north south deal and there's really no available space that is zoned, the only one that Mace Braverman had that I looked at was the big huge spot right in front of Econofood and he's not willing to separate that. It's like he wants a big restaurant or whatever he wants but that's the only size that there is. Nov! The retail space that I referred to just wasn't enough square feet. Donahue! No. And Magnifico's at the time I was looking and now I believe it's leased, was the only thing available then. And the square footage is loa small. That's why I'm requesting the, I've got the money down or intent to buy with the rezoning consideration. Thank you. Kubby! The only hesitation I stili have is that even though the use of that property doesn't seem to be so intense that it would tear clown that buller so to speak other uses allowed Cllrrently in CC-2 either straight out allowed or special exceptions might concern me. Like a drive in restaurant or something else. That r .. ~ 'V... -- ~. - ~ - l' - ... ' ~. !/4b page 3 would distress mc. I will in the future be very protectivc of that L-shaped. Courtney I Any other disCllssion. Roll caIl- The ordimmce passes first consideration. .. ...~' - 'I I , I ,-; ."', . .' " ~',. - f - . I I Agenda Iowa City City Council January 5, 1993 Page 4 c. Public hearing on an ordinance amending the Zoning Ordinance by changing the use regulations of a ~ertaln 15.1 acre tract, known as Pepperwood XII, and located east of S. Gilbert Street and west of Sandusky Drive on Cherry Avenue extended from ID.RM, Interim Development Multi-Family Residential, to RM.1 2, Low Density Multi-Family Residential, for 6.8 acres, and to RS.5, Low Density Single.Family Residential, for 8.3 acres. (REZ92-0012) Comment: At its December 3, 1992, meeting, the Planning and Zoning Commission, on a vote of 6.0, recommended denial of the application submitted by Southgate Development Co. to rezone the approximately 15.1 acre tract from ID-RM to RM-1 2 and RS-5. The Commission's recommenda- tion Is based on the lack of sanitary sewer service to the area, and is consistent with the staff recommendation Included in the report dated September 17,1992, and the memorandum dated December 3,1992. The applicant has requested that this item be forwarded for Council consideration. In a memorandum dated December 23, 1992, staff recomm~nds that the Council continue this hearing to Its March 2, 1993, meeting following Council deliber9tions of sanitary sewer Improvements during th udget discussions. Y\.o cl>-u.e.../ Action: J-, QfJO nlt'..J d. Public hearing on a resolution approving the voluntary annexation of an approximate 19.18 acre tract of land located south and east of the Intersec- tion of Sunset Street and Highway 1 West (A-9001) Comment: At Its December 17, 1992, meeting, by a vote of 6.0, the Planning and Zoning Commission recommended that this parcel be voluntarily annexed to Iowa City. The Commission's recommendation is generally consistent with the staff recommendation that the property be annexed subject to conditions contained in the conditional zoning agreement. The staff memorandum and attachment dated December 17; 1 992, describe these conditions, A memorandum dated December 28, 1992, from Richard Blum, Chair of the Airport com~~~is~ln the Council packet. Action: 1Jt ~~/ ~JA1/ , f/J1rt;'w/.J i ~ , ,(1/./ t1(fL4) - e. Consider a resolution approving the voluntary annexation of an approximate 19.18 acre tract of land located south and east of the Intersection of Sunset Street and Highway 1 West, (A.9001) Comment: See item d above. In a letter dated December 9, 1992, the applicants, John and Allegra Dane, have requested expedited Council consideration of this resolution. Action: /h (,~/ ~c--~..J riff) (g ~~j ~~) afft2~ - 'I I , I !t...Id page I Courtney/ I woulcllike to open the p,h. Any discussion on this item. John Dane/ -1082 Dane Road. I have a prepared statement that I would like to read. I have a copy if Marian would like it. (See prepared statement) Courtney/ Any other public discussion on this item. Nov/ Does the airport want to say something about 111is. Courtney/ We had some discussion on this last night. Dick, do you want to, for Naomi's benefit. She wasn't here last night. Dick mum/ I don't really have anything further to say. I would be happy to answer any questions. I know you didn't hear the conversation last night. Nov/ I understand that the airport has reservations about rezoning this particular property. Blum/ I think we really do need to address the six options that have been presented to us by the consultants at 111is point in time. We have planned a joint commission/council meeting fOf February 9. AT which the consultants will be presenting their final report and their final recommendation. The Airport Commission will be meeting on the 16th of Februmy and will have a public meeting on this subject. And subsequent to that will present to you a report and at least some kind of a recolllmendation vis a vis option #3. We will probably not be able to wrap up the entire recommendation package by that time. But we will do our very best to identJlV the priority that we assign to option #3 so lllat you can proceed in whatever fashion seems appropriate at that time. I did some s0l10f pencil sketching. I am not an engineer. I can't really make th~se kinds of plans. But it occurs to me today that if option #3 is viable and we want to reserve that option, there may be an opportunity to do that and still accommodate this project through SOllle sort of a land trade. I think there is a possibility of making that happen it' option #3 is a viable option. But we are not going to know that until we get the compieted report. Until we have some opportunity to hear whattl1e public says and moreover for the Commission to discuss it. Because we haven't had that opportunity. ~lcl)! Mr. Mayor, I wouid, as per our disCllssionlast evening. Also when we had the representative fromlvlenards here as far as their time table. AI this particular time it did not seem to interfere that much if sOllie other things take place that they are going 10 be working on. By delaying the project it is not '; -----"-----_... ..--......-,.-.",-.....- ---,,,--........ " _.... ---.."'....M.. - I" _ v- .....-. FIi ..'1!JlflFj '"T -.- ~ ..~- ''I'" - .. .... ..~ lt4d page 2 ~, going 10 create a big hardship at this point. SO I would make the motion that we defer the p.h.-that we continue ti1e p.h. until our February 23 meeting and at the same time IVe defer items E, E, and G. until the Februmy 23 meeting. Kubby, Second. Larson/ Do you IVant to open F. before you defer. Courtney/Lets just consider the motion to continue the p.h. on its own. It has been moved and seconded. I think it is appropriate that we take the whole package of recommendations from the consultant and let it be presented. See how all of the alternatives shake out and what order they place them and then make our consideration after that. It seems that it would be inappropriate at this time to throw one out without hearing from them considering it IVould be one of the ones for leaving it where it is at. I am not sure that the county residents would think that would be a proper thing to do until we hear the whole recommendations. Larson! I agree. I have always been skeptical about the need to move the airport. I am going to have to have that proven to me. Ordinarily I would be very favorable moved by Mr. Dane's arguments that he has waited his turn. And other people have been allowed to develop. And he has been patient and not pushing the matter. It is a voluntary annexation. I think it is good for the city. But I just think it 1V0uld be irresponsible for the taxpayers if we eliminated one option about the airport before we have even considered any aspec' I)f the whole airport question. It has not been before t;, "ity in any way, '... shape of form. To do that before we 11Ieet w.. 1 the airport and the consultants I just think would be irresponsible. I am sony that we can't grant his request. I would maybe if Menards hadn't said that the delay wouldn't hurt them that much. Courtney/ They have got to file some things with the FAA anyway. It will take at least 30 days. l.arson! And the Board of Adjustment and so forth. Courtney/ Any further discussion on continuing the p.h. All in l~lvor (ayes) Opposcd _~A .~.... "-"L -... --_....~~ -~- .~ ' .... n ____ ~ _....____.___._ I -,~ ..;!~ rr_"'~ . - - T -- - -... !f4e page 1 .JJ l1bV/'" Courlney! Moved and seconded (McD! f4H.l.l.r) to defer item e. to...Febrlltuy 23- Larson! My only question is will you be able to get-will you be able to have some kind of recol11mendaUon about that option #3 to us by February 23. If we meet on the 9th with the consultant">. Dick Blum/ That is our goal. We are going to try to have a recommendation for you. I guess what we feel is that we may very well be not ready to say what we think wc want to do. But wc may vcry well be ready to say what we don't want to do. Larson/ You can address option #3 anyway. Great. Kubby! And that was my question. What I wanted you to do was outlinc thc dates again and the process. I\ight now it is kind of the consultant presented to this task forcc and I am not clear, even being on the task force. Bccause you said t1mt there would be a February 16 Airport Commission mceting. When, if the task force will indeed be making a recommendation- Blum! No, the task force doesn't-let me back up. On the final recommendaUons and report of the consultants will be presented to a joint meeting of the council and the Commission, The technical committee. Is that what you mean by the task force. They are really done at this point in time. I am sure that the technical committec will be invitetlto hear the final report. But the rolc of the technical committee is completed. After the presentation is made-the joint presentation is made, the Airport Commission willmcet on the 16th, We have scheduled that meeting for the public library Room A. It will be at 5:30 in the evening. There is a home basketball game that evcning. We will try to begin that p.h. First thing on the agenda and put thc rest of the normal Airport Commission business towards the end. So people who want to go to the BB gamc will be able to still come to the meeting earlier at which wc will receive input and try to answer questions to the public about the entire project as well as option 1/3. Kubby/ So it is a p.h, on the 1Mh. Blum! It is a public meeting. r don't know if it meets-if we need to meet all the technical tests of a p.h. But the public Is welcome. encouraged to come. We will receive public input and we'll answer questions. We will conduct what will to all intents and purposes be the same as if it were ,I technical p.h. .tr!---- ..........-..................-...--...---.... .Lal&i I'm.. ~ -l[~ -1Iooi.~~-.:=ii _rltUI_ '. f!I -. -....-- 'r,w ~- ....... .~ J !III'"'~~'- Ill" .. -- I. - __, _ I1V", --- l' - ..."""""W" ... ~ 'tIii ....... i ,., 'I , I , , --. #4e page 2 Kubby/ One of the huge pieces of feedbacl< that I got probably at least thirty times at the last technical advisory groups public meeting at night was that people wanted a formal presentation from consultants abmlt the options, how they came to those conclusions and then have a chance to ~.s;: questions. That people were very dissatisfied with having it be so infonllal even though the reason it was infonllal was I agreed with . entirely, was that in the past tile consultant had experiences where when there was a formal presentation and then questions and answers, a reII' people dominated the meeting. Blum/ Well il' you got that comment thirty times, I got it 130 times. And at that point I said absoluteiy we will have at least one more formal meeting where people will be able to stand up and ask questions and everybody in the room will be able to hear the questions and hear the answer and that's what I heard. Now I didn't hear people say they wanted to hear the consultant say how they had arrived at these decisions. Larson/ Well they can do that on the 9th. Courtney/I would encourage them to C0111e on the 9th then. Blum/ The 9th is open. It's an open meeting, right? It's a formal council meeting and it's a formal commission meeting and it's open to the public. Courtney/ We're not going to turn that into a public hearing that night. We'll have our own p.h. later but I would encourage people to come on the 9th to hear the report. Larson/ The consultant will give their report on Feb. 9th tentatively is it? And have you got a time of day fixed on that, Ivlayor? Courtney/ On the 9th? I.arson/ Yeah. Courtney / No, not yet. Larson/ Okay, but stay tuned I'or that. And then il' they have questions for the Airport Commission they would be able to call and come to that meeting? B1um/ Absolutely. And if we find that there is an insufncient amount or time on the] 6th to hear all of the questions asked and present the necessary answers, we'll schedule another one, because we don't want to, you know, that second one may be again a joinlmeeting with you because I know YOll wlll want public meeting before, and p.h. bel'ore you adopt a final recomlllenc!<ltion. \,' ....._..___."....,.......... ___If. Iio .i;!J--' :it...---.........-..-.....- r_'~_.~IIIo., t - '-. 'It'1I" - ,- - - - f - - '''' G lf4e page 3 Kubby! Right. And I'm assuming that that's right, that we will have one in this form as well. Courtney! We'll have a p.h., Dick. Larson! We hardly ever spend $10 or $15 million without having one of those. Do we. lslum! But we may, as an interimll1easure, address what J call the interior option 113 separately because of this pressure that we all feel to try to help out with a finding on this request for annexation and rezoning. Kubby! Thanks for sticking around. Blum! Sure, no problem. Courtney! Any other discussion on the 1lI0tion to defer. All in favor. (ayes) Opposed. _............._.W""...._,.~..,_."'..... ~---~~.--..- ~. llilhiiIlii;;liIBlI1lIIIl- -.--- -. 1"" .. ~ .." "'-.. "1 I I , v, L ' - r - :,;;r" Agenda Iowa City City Council January 5, 1993 Page 5 f. Public hearing on an ordinance amending the Zoning Ordinance to condition- ally change the use regulations of an approximate 19.18 acre parcel located south and east of the intersection of Sunset Street and Highway 1 We.t from the County designations of C-2, Commercial, and A,1, Rural, to CI-1, Intensive Commercial, or a combination of CC-2, Community Commercial, and CI.1, Intensive Commercial, upon annexation (Z-9003) Comment: At Its December 17, 1992, meeting, by a vote of 6-0, the Planning and Zoning Commission recommended that the site be conditionally rezoned to CI.1. The' Commission's recommendation is generally consistent with the staff recommendation that the property be rezoned to CI.1 subject to the conditions contained in ~; c~~ft~i~~eement. Action: rtp'-U.l'n<.J! +(IIJJr/ ,f'ini4///) ~ 17// aat?A) g. Consider an ordinance amending the Zoning Ordinance to conditionally change the use regulations of an approximate 19.18 acre parcel located south and east of the Intersection of Sunset Street and Highway 1 West from the County designations of C.2, Commercial, and A-1, Rural, to CI.1, Intensive Commercial, or a combination of CC.2, Community Commercial, and CI.1, Intensive Commercial, upon annexation. (Z.9003) (First consideration) Comment: See Item f above. The applicants, John and Allegra Dane, have requested expedited Council consideration of this ordinance. Action: Jk.1.O / Y\ ~ I - 7:zJ rltJ!/A) 'Ii n QQ "1.Q.d) h. Consider an ordinance to amend Ordinance No. 90-3483 and the accompany- Ing Conditional Zoning Agreement of a certain 95.61 acre property, known as the Whispering Meadows development, located south of Highway 6 and west of Bon Alre Mobile Homes. (Z-9013) (Second consideration) Comment: At Its December 3, 1992, meeting, the Planning and Zoning Commission, by a vote of 7.0, recommended approval of a request to amend Ordinance No. 90.3483 and the accompanying Conditional Zoning Agreement by deleting Section 1.1 of the Ordinance and Section 4.1 of the Agreement In their entirety and adopting In lieu thereof the following: 1} The understanding that this Is In.sequence development as presently defined In the Comprehen. slve Plan, and thet Ordinance No. 90.3483 and the accompanying Conditional Zoning Agreement be further amended bl' deleting Section 1.4 of the Ordinance and Section 4.4 of the Agreement in their entirety and adopting In lieu thereof the following: 4} Basements may be constructed on lots which are abutted by a subsurface drainage system provided said basements are equipped with a sump pump and adequate foundation tile which discharge Into said drainage system. Discharge of roof drains and downspouts flam dwellings into the subsurfece drainage system Is prohibited, In addition, the property owner's engineer must certify that no structure has an opening to living areas below the minimum low opening (MLO) elevation listed for each __.__________~. _____.___._ __....._..__ _1'\Il-.op;-_.>&__..-.."'............._..__..lfI'..u-"_...._..~-..-~"'-"'-E{r'",._r 1iJ r~'!l~T.- 'i:l..- - .~ ... - ~ ..... -ll I I , r .... - . ....,. - r -- 'I I , Agenda Iowa City City Council January 5, 1993 Page 5 ')3- 3SS~ lot on the site grading and erosion control plan. The Commission's recom. rTlendation Is consistent with the staff recommendation included In th~ memorandum dated November 19, 1992. Comments concerning this proposal were received by the Council from the applicant's engineer at the December 5, 1992, public hearing on this item. The applicant, C.B. Development, Ltd., has requested expedited consideration of the ordinance. Action: hv6 / tflAM-uJ dU/ e. (.//-1 I k~ 1I;/~ ~ I, Consider an ordinance amending the Zoning Ordinance to change tha use regulations of certain property located east of Scott Boulevard and north of Court Street from the County designation of RS, Suburban Residential, to RS- 5, Low Density Single. Family Residential. (REZ92-0010) (Passed and adopted) Comment: At its October 1, 1992, meeting, by a vote of 5.1 (Gibson voting no), the Planning and Zoning Commission recommended approval of the application submitted by Plum Grove Acres, Inc. to annex and rezone the 7.08 acre tract from the County RS designation to RS.5. The Commission's recommendation is consistent with the staff recommendation Included In the report dated August 20, 1992. No comments we;e received by the Council at the November 10, 1992, public hearing on this item. Action: IP ~J /Jrw,), r + a / ~ !oft Kt : j. COllslder a resolution approving the final plat of First and Rochester Commer- ~ cia I Subdivision, Part One, Iowa City, Iowa. (SUB92.0024) (50.day limitation period: February 1, 1993) Comment: At its November 5, 1992, meeting, by a vote of 7-0, the Planning and Zoning Commission recommended that the final plat of First and Rochester Commercial Subdivision, Part One, a two.lot, 2.88 acre commercial subdivision, located at the southwest corner of the Intersection of First Avenue and Rochester Avenue, be approved subject to approval of legal papers by the City Attorney's Office and of construction drawings by the Public Works Department prior to City Council ~onslderatlon of the final plat. This recommendation is consistent with the staff recommendation included In the staff report dated November 5, 1992, The legal papers are being reviewed by the City Attorney's Office. The construction plans have been approved by the Public Works Department. This Item has been continued at the applicant's request, to the Council's January 5, 1993, meeting. Action: ~/ )J~7--/" elf""') ilf 09 Jur) aIt~ ~_._.........,..........._-_...~:l!t..........._- .-.-...----..~~Ja1....--~-....IVI"lr..--... ~'I.~/lOHk __~~ - ~ ~ .- .Ii'~r ...... y- ... ., '.. #4h page 1 Courtney / This will be second consideration. Ambr/ Is there any sentiment to collapse. Nov/ I think we collapsed once already. We voted on it-no on the same day as tIle p.h. Larson/ I don't have any problem with collapsing it. We have been talking about It quite a bit. It is something that has been out there in the public domain without absolutely no COI\1ments from anybody about it and everyone on the council has made up their mind about it. I just don't see anyone coming up \\1th anything new at t!lis point. I would like to move it along for them if agreeable with the majority. McD/ I don't have a problem but it is going to take 6 out of 7 to agree with it. Courtney / I am seeing two heads go like this so. Lets just have any discussion on second consideration. Kubby/ Actually I wanted to explore something I hadn't thought about before anclthat is- Courtney/Moved by Ambr, seconded by Larson. Now discussion. Kubby / Something I hadn't thought about before is that we are going to have the sump pumps draining into the storm sewer and in this particular development it is going to go into the wetlands, correct. It has got the storm pipes ending up flowing into the wetlands. Atkins/ I don't recall all of the technical aspects but I am pretty sure that is what we talked about. Kubby/ I guess before the third consideration I would like this information from Public Works as to how that a/Tects the restoration or the wetiands, Having increased stol'm water- Horow/ I asked that question when we first started talking about this. Kubby/Review 1'01' me what you found out. Horow/ That was my thought too and Rick assured me that it was not going into the wetlands. Kubby / If you look at the path it has storm .,vater outlets going into the wetlands because remember Lon Drake designed the wetlands so that the outlets from the sewer was not just like a point source just flushing into the wetlands. It would be spread out and not have erosion problems at the point or the sewer outlet. l.arson! l.arry hiding back there ""'''''("-----,- .- .-......... ____H__ .... I I -:'-" " ~'WI_" ,--.. lI'r - ~~-- ~ ~ . . - r - -~. , Ji~ lt4h page 2 Kubbyl That is the design of the: wetland. I just looked at the plat again. Lany Schnittjer/ from MMS Consultants. The subdi\~sion storm sewers do go into the wetlands areas and the flow form these sump pumps if you want to call it that will help to keep the wetlands wet in dryer periods of time. Larsonl There is a presumption that it would help the wetland but not hurt it. Schnittjerl The wetlands are use to having water and there are certain dryer times that you really don't get as much and this will help keep it wetter. I can't see any potential damage h-2re if that is what you are concerned about. Kubby 1 I know that we had talked at one point about the inlet from the storm water sewer. The pipe that has to water flowing to the wetlands might cause some erosion because of the flow of the water. And then it was designed a certain way to help reduce that I want to make sure that when we are at-that agreement was made with the past conditional zoning agreement We are changing that We are adding more water flowing through that outlet into tlle wetlands. How does that aflect how that is designed for soil erosion purposes or- Schnittjcr/ for the most part this whole-and I haven't seen the final design on the tile system or drainage system if you call it tlmt But most of these will be four inch or smaller tile lines and that is really an almost insignificant addition to the capacity of that storm sewer system. You have a lot greater velocities at times when there are storms and a lot more water coming off the streets and what have you. This is a low 1low, slow 1lowing amount of water. Kubbyl But times how many lots on top of the storm water. I mean I don't know that it would be significant I am!ust asking to get comments. Since we have heard Larry, can we hear from Rick. Although Sue is saying we have already heard from him and he says it is not significant Horow/ I know that I asked the question and I was told that it had been taken care of. The design and it was not going to negatively impact un the wetland. Because I had the same feeling that you did. Kubbyl Actually, could we asked Lon Drake since he d~signed the wetlands and the outlet area. Thank you. Thank you, Larry. .___~.____...._.~.____. '....-diIiiW;i ......... _...."'-'"i.liI!l1iil .'r,. , - " 'I I , .! ?,'~: ",':;:;'~;~":-:,:'.":'~_:';:"',...::.-,~', '. ' ' ,__.,,' ,-,r-'.:.------'~~~""'.,. ~,{~,~~~l~rrTf,r;.: :';)~~l:';./"'<.~l:"~:\<~~~~~~ _" ,~,,,L "~. .' ,--:,,';"'i""~ '" ... ',' . :,:-.'.' ',c; ,., ",-"" ,-, ;":).. ,', ',. ':. ':.-:,:- .. ' , .' . '." ~ .... ~ ,;:-: .~; ::";',.,.1 :,., :,;',"," '. ,,'. '.',....:.-,','~ , ,~:~{:: .:\ .. ~.:' . ,:. '" . .. I I , I 11411 page 3 Courtney I Any further discussion. Roll call- Ordinance passes second consideration. I i' i I i I I I I , ! ;"..'.""" ',t' ". I.');'" 'V../: ,'~;:'J... ," \ ,. \ . ~~.", .;.. .' " -, . ,:,:!__?:,,;:.:,j,,',~~"~;:):~',':;~~:2;:;;1~~!{~;:,:,-::,;":~~~_-'~'~~:::;~ ,.".~ ..'",...'".. _..--: -'..,....-~ ",' ,\. ' ;::_;':'::"I;:'~''''':]I' ~,;" 7::"[' '. :'/: t"'" ~-<",.-::.-, -'" .." ;: '; ~ ,.0;,,:,,:>", ,:,,'''--,{,,''-r :-;-:',," ,', .',-77'0'- ,.,'~'.,l...I'~ ....',' ;'-" :.._ .',-7'""" '..-': ..,,. ..,.,', ." ." '.iL.:" '--",' ,." ,'..' ,,,~ .~ '- --~:..::.. -'"-::.:'....~,~ :-_~_..~~-:'-~ -, -'j I , , #4j page] Courtney I We have had a request from staff to again defer this- McD/ I would move to defer. I don't know if we had a time. rkl~ I Janumy ]9th Courtney/ To January ]9. Any discussion. All in favor (ayes) Opposed. " " --",,- -- --..- ----. ,", -"",*--.11I;(_ -,--'~'--,,-.,....-~" Agenda Iowa City City Council January 5, 1993 Page 7 ITEM NO.5- PUBLIC DISCUSSION k ftr~ ITEM NO.6- Public hearing to amend Chapter 17 of the Iowa City Code of Ordinances (Hou~lng Code). Comment: The Iowa City Housing Commission, at its regular meeting of December 8. 1992, recommended unanimously to approve the proposed amendments to the Iowa City Housing Code. The proposed amendments would Increase the level of fire safety for rental housing in Iowa City. A memorandum from Gary Klinefelter, Senior Housing Inspector, describing the Housing Code amendments was included in the December 15, 1992, Council packet. I/AlAJ Action: ...fee.; ~ s.e e,r.lrtV (1YlCl.4 q fJLl.L'M.. Cl-P Pea.r~~ ITEM NO,~-. ANNOUNCEMENT OP~ACANCI S. a. Current Announcements: (1) Historic Preservation Commission - Two vacancies for three-year terms ending March 29, 1996. (Terms of Sue Licht and Kay Ireland end.) (2) Mayor's Youth Employment Board. Two vacancies for three-year terms ending March 27, 1996. (Terms of Carrie Norton and Rosalyn Green end.) ,t<:: bruM~ ~3 These appointments will be made at the ~~ 1993, meeting of the City Council. b. Vacancies Previously Announced: (1) Human Rights Commission. One vacancy for an unexpired term ending January 1, 1995. (Marcia Ceaser resigned.) (2) Committee on Community Needs. Two v&cancies for three-year terms ending March 1, 1996. (Terms of Linda Murray and Lisa Oxley end.) (3) Broadband Telecommunications Commission. Two vacancies for three- year terms ending March 13, 1996. (Terms of Cordell Jeppsen and Roger Christian end.) --.......-.-...-----......-----....- ."'-'!r-- ....... ~ _~.U...I\_ ~~ .'" I #5 page ] Courtney,' Public discussion- ~lm)' Lewis/ J am president of the Grantwood Neighborhood Association, This is Jane Kliska, she is vice president. We and other members of the Grantwood neighborhood Association have come here to talk to you abut the need for a pedestrian bridge at First Ave and Highway 6. We have come to you now because the residents of the area need you to consider this proposal as you plan for the 1994 CIP. I would like to present petiUons and letters of support from the Grantwood and Southeast students and survey results to you also, Right now we have no safe access for the residents and school children in our area. We have a highway with speeds of 40 and 45 mph and the traffic light at Sycamore has a walk light that changes too fast for most people to make it through and it is too far away for most of the residents to use. If the students are going to Southeast Jr. High use this light they are still faced with a walk from Sycamore parking lot with no sidewalks which can be just as dangerous as crossing a hIghway. The traffic light at First A venue has no sidewalks to It and no walk light. The traffic light at Fair Meadows has no sidewalks and no walk light. If youlry to cross using the light you can't make it through without it turning red. The students going to Southeast have to rtm and if caught in the median they have trucks and cars going by on both sides and a long wait for the next green light. The intersections have a signil1cant amount of pedestlian traffic a shown by studies done by lvlr. Davidson. According to the study 70 pedestrians crossed at Fair Meadows on Wednesday, September 30. 51 on Monday, October 12. Some of the city council members attended a meeting of the Grantwood Neighborhood Association which we discussed this issue. They asked us to do a survey to help deiermine where the residents of the area would use the pedestrian bridge if one were installed. When asked how they presently crossed the highway. out of ] 84 surveys that were returned, 56 walk or ride a bike across Highway 6. 91 cross in a car or van. 56 ride a bus. Some of the comments mdde to us on these surveys convey the frustration feIt by a large majority of the residents on the south side of Highway 6. They include: One person when asked how he crossed the highway wrote run in capital letters. One said they don't let their kids ride their bikes across because it is not safe. Another said that they would cross in --........---........-..- .---""_!-.--. .-.----...... tI:...--......----~, r ..,.. - ._- ~ -~ .... -- ~.~ ~. -. - --- .( '. . " , , ". I tt5 page 2 the winter more often if a pedestrian bridge would be much safer. A pedestrian bridge is much needed for a busy street like IIighway (). Another said I wilInot walk across. Another said I wiII not-! would cross more often but it is too dangerous to take my six year old. Another said that we feel it is too dangerous to ride a bike across. And yet another said that this is a new home for us and the highway crossing was a definite concern with no sidewalks at first Ave. When asked where they woulclmost use a pedestrian bridge, there were almost as many requests for Sycamore as Fair Meadows. After discussing the options with some of the residents we felt that asking for a pedestrian bridge on First Ave. would be the most central and most used location. The children going to Southeast will only have two streets to cross. One with a pedestrian bridge and one with a walk light. The residents by Sycamore would not use the pedestrian bridge at Fair MeadolVs. The residents are Fair Meadows would not use the pedestrian bridge fl.t Sycamore. But both felt that they could go the First Ave. location and use it. A question was raised as whether a pedestrian bridge would be used. If you dealt with crossing this highway on a day to day basis as the residents of our area have, you would understand the serious need for a safe crossing. We surveyed Southeast and Twain students who live on the south side of the highway. Grantwood students who would go to Southeast next year and the residents of the Grantwood Neighborhood Association and asked when asked if they would cross using the pedestrian bridge, 140 said yes and 29 said no. The residents of this area fully support of pedestrian bridge and are willing to use it and teach their children to use it, The students are Southeast are willing to use a pedestrian bridge also. Some of those students have helped us with the surveys and petitions. We have given you petitions of support with 465 signatures on them. As we were getting the petitions signed it was brought to our allention that there are a large number of senior citizens in our area that don't drive and would use a pedestrian bridge if one werr~ installed. Now they are too afraid to cross the highway. They are afraid they are not fast enough. After working with the city and the students and the residents of our area, I can see that the original plans for highway 6 were good and make sense on paper. But for the residents south of Highway () it ..-.-..-.......-.............---- ._""" - J~_':' 11 i -----r..\. ':'~ -- ""PI"" _ .", r - - .-r ... f~,,_ ,. .. '~'1 ".. '\ 'U. \ I'''' '~', '...I.'{;'..';,.:'" '"'' '::., I. . t.,.. \"" ..~-'~}.::~'.,:~..'..<:/..~.~ ,,:::\:':",i:,',;,;:~L>~;~::,' ,!,,'':.:;'~ :'i';:',,', ~~i',!':.",':<?:';" ..' ':':,;,":':~,{, ,:':; ;)!i:hJ/~,(:,<k~/~~~:;':'::' ./.~,;:;r;:~~v "':.:,': . _ ;. ~_ .... ~_. .r ' 'I , , '.. itS page 3 doesn't work any more. The area has grown and is growing tremendously. We are cut ofT from the businesses, schools, and recreational t~lCilitates that are all on the north side of the highway. We can't cross on loot without risking our lives each time. We can't have our children walk to scLoo! without risking their lives. We must pay for school bus sen1ce that runs twice a day and no selvice for before and after school activities. We have discussed the possibility of a walk-don't walk light with some of you and with the traffic planners and the traffic department. As I understand it the city council is committed in keeping east-west traffic as free flowing as possible on Highway #6. CHANGETAPETO REEL 93-2 SIDE 1 This has left us with no aiternative but to ask lOr the most expensive solution to this problem. But it is also tile safest solution, The children and residents have dealt with tilis problem for years now. Now with tile growth in the area and more housing to be annexed we are facing eved heavier traffic on Highway #0 and more residents needing to cross. This problem will not go away. People will not stop trying to cross this busy highway. School children will stillnl'Cd to cross on foot or by bicycle. We need a pedestrian bridge now, I have asked Paul Davis, principal of Grantwond, to speak to you on behalf of Grantwood, Marl~ Twain and Southeast schools also. Paul Davis/ I would like to submit some 70 letters from students, Call this easy reading. Some of them you will find very enjoyable. I have talked to a lot of students this past couple of montJls about cross walks and if they would use them. A secret vote of 200 students at Grantwoocl in grades three through sL'-':, 170 said they would use it and the other 30 said that they probably would not. I have visited with a lot of the kids in all three buildings. It is amaZing how many of these kids are driven to school at Southeast. And a lot of them would say that they would not. If there was a cross over the folks would not have 10 pick them up after basketball or even to take them 10 Southeast. A lot of them would ride their bicycles. Even myself. I would ride my bicycle to school but I do not now because I would have to cross Highway Ilfl. If some of you want to see a scene. Illt the Broadway light about 8 .; " . -.--.............-.............. ~ 1"__~ .--......1;'""---- - ." - r~_ '( . . l'r; -. #5 page 4 o'clock in the morning. you will see students from Lakeside riding their bicycles and young stude11lS going to Twain and you will see some Southeast kids crossing those lights on bicycles and walking. I have been totally amazed that we have not had somebody hurt or killed on Highway #6 crossing it. j,-jary had mentioned the kids coming from south of Sycamore. TW8in kids and some Wood kids as they walk through the mall and through that parking lot. That, I would agree with Mary, is as dangerous as tlyiilg to cross the Highway #6, Again, a lot of these kids-we had a discussion when YOll came out for our meeting and you were wondering if tile kids would really use it. I tell you the students that I have talked to have said that they would use it and I think you would see a lot of adults using it for an access to the Mall. There is no doubt in my mind that they would US2 it. I have talked to the people out at Kirkwood and out at Coralville near the cross walk across the interstate there. A lot of kids, runners, everybody uses that. They said that-they have kids that instead of taking a bus will use that cross walk. There is no doubt in mind that these kids would also use it. And I would also agree with Mary that I think the place to put it would be First Avenue. Ilis a straight shot to Southeast and also to the ivIall area. Plus they do have a walk light there on Muscatlne. I think that, personally, it would be the safest. You would have to build a sidewalk to have access to that but I think it would be personally the safest. Horow/ I guess my question is in terms of the students that would be going to Twain. I think the First Ave certainly is a good compromise if this were to be built. I guess I do have concerns. What do the parents feel of those students who would be goIng to Twain. Davis/ I didn't talk to them, I talked to the students. You know that they are concerned that it would have to have a walk up. There would have to be a sidewalk put up 10 it. They said that It would be jUsi as close to that because of the straight shot when you cross the street. Some of those kids cross now down 'lt Keokuk and just cross in the middle of the road if you watch them. Horow/ At Cottonwood. They cut through the swail and go unto Cottonwood, ___ ~lr..t t _.........~_.....~_._,'.__..-.._,_'......- ........._:.u_._. I , , ~., - ".- III - ;;.<,--'~~<t,>,:"" '\;,,\:.;";!:t'! '.'. .'.'.. -~:_,;,~~::;:: . ". l-"' 4;: 'I"" . ,- "H"n::'.~:.':;"-.~ \ ~:.~~:,~.'~~.;.'~:'~~,..;.~:..-.... ;;;:~': ':~:'" ';"iill'~l""t' )/-:" ,~;'5~{i'f'::(:'::F;':'~':'- <:. ,~: ;',::~c> ,'.:,'{.",..,~,:':,";E;J;':,,:j,<~iW t . \ : -. ,~" I. 'I':, r.,' . ,),~_:I"'.:~i:.r ~I.~';."" ':,' ',. I.',; .::}~;'~'" .:'. ' ~', .-", ,~ \~:':",,' > t: . ,;,..,,' ..::.L~2.., >~',"\-;'..;~ :~:\>.:: :":~;:::.':" LP\""-,:- ." .;'. "'~:"~, n,'._.,,: ..::: . c' .-"~:'!!: I , , #5 page 5 Davis/ i\nd they also cut through people's yards and a few other things too. So they said they would especially because a lot of their friends would. If you watch these kids they don't cross one at a time. Six or eight of them. They all kind of congregate and come together, That is what would happen. Much safer. Again. it wouid be much nice if they would build a walk six feet or eight feet wide where they could also ride a bike or have an easy access. They could even roller skate if'they wanted to. But I think you would be surprised how many would use il. My concern, too, is we are going to be growing vety fast. They is already three homes being built right along Lakeside Drive there. The new road. And another lot or too has been sold. That is going to build up q~lite readily and you are just going to have more folks trying to get across the road. Horow/ But is there any possibility then that Grantwood-that south of Highway #6 would all focus on to the Grantwoocl School rather than Grantwood and Twain, Has the district discussed anything like that. Davis/ I don't follow you. Horow/ In other words there wouldn't be any students that would be crossing Highway #6 to go to Twain. I recognize that they would stlll have to cross to go to Southeast ,md City High. But I guess I am more concemed about el2mentatY school kids, Davis/ Oh, I see. That I don't know. I don't how many of those kids are bussed. They all can be bussed to Twain and I am assuming that it would be simpler just to walk out and get on a bus. Horow/ With increasing the size of Wood- Courl11ey/ Do tiley charge to bus to Twain from over there to. Or just Southeast. Davis/ Not the elementatY kids I don't think. Just the junior high and high school. But some of those kids walk and run and ride their bikes. Courtney/Thanks Paul. '~lrson/ I didn't have any question at ali about the need for this. It is just a question about evaluating the different priorities in terms of the budget. What things we can alTord and what things we can't. What would we have to do without if we did with this. My only concern is Jeff J}avidson mentioned in his study that he didn't 1< now whether the school would take into consideration a pedestrian overpass in terms of limiting bus I: ,......------.--.. -........-...-.. - -----"'- -"....~ '9l'f""' .~- -" It5 page 6 service. I don't know whether you can speak to that or whether that has to come to the superintendent. Butthat would be unlikely wouldn't it that they would eliminate bus set'\~ce because there is now an easier access. He mentioned that as a theoretical possibility. That wouldn't be likely would it. Myrna Arner/ My understanding at this time is that the bussing would continue for the Mark Twain children to Twain that are living south of Highway 1t6. Jerry Palmer and Dr. Grohe are both out of the state at this time and could not come. Otherwise they would be the ones to speak on that. But I will talk to Jerry when he returns just to have him send a letter about this. I am with the district wide parents organization and we wanted to say also tat we do support the pedestrian overpass and do agree with the selection of First Ave. and Highway #6 because it is the most straight shot. We also feel that the children would use it and that the parents are becoming very safety conscious at this time. Which in turn they are also making their children more aware of it also. As he said with his 70 some letters my 4th grader came home today and said that we wrote a letter to the city council today. I am going, oh yeah, why. And they talked about the over head pass and how It isn't safe right now. It is something that my children are aware of as I am sure most of the children are. I think thm it is a good time. I think that it is a proactive measure at this time. It is not a reactive action.. It's not going to die if you turn it down. It is just going to come back up over and over again. And if you have any questions please feel free to ask us and we will answer them. Nov/ I do have a question about bussing children based on their distance form the school and based on safely being able to walk or to ride their bicycles. This came up recently in North Liberty. And when a sidewalk was constructed that was considered a safe route to the school and the bus was discontinued, wasn't. Arner/ It has been discontinued, yes. Nov/ This could happen here. You cannor entirely eliminate that possibility. Arner/ I don't know what the mileage is from that area to Mark Twain. But you would be asking them to walk all the way ,.... .......- - I - Ir - ,:) page I down to First Ave. and then back through the Mall which is not considered safe at this lime. You are only exchanging one hazardous area for another hazardous area, And as I said it is my understanding that that has not been discussed to eliminate that at all. And I am sure that the person in my position in the future would fight it because it would be just exchanging one hazard for another. Larsonl Maybe we could get assurance from the school before we have to consider this in the budget hearing. Courtney I Yeah, that would be heIpfll!. Amel'l Thank you. Courtney I Steve, I presume with the advance publicity that this got that it was part of your presentation on the CIP. Atkinsl Yes, You will hear about it on Tuesday. And if not on Tuesday then on Thursday for sure. Courtney I Thank you. I appreciate the input. Any other public discussion- Jim Muller/1125 Seymour. I am here to ask the council what is going on out on Jefferson Street. I would kind of like to proceed with something. Courtney/ Do you know what the schedule is at this point. Lastl heard-has P/Z finished deliberations on it. Muller/l couldn't answer that. Courtney IThe chair of P/Z I think- Marsha IJormannl My understanding is that P/Z has deferred it until their January 21 meeting. Courtney I I think that is what he told me. Kubby I Could we have someone from Planning call .11m tomorrow. Atkinsl Yes. Courtney I We will have staff call you to tell you what the schedule is now. Mullerl How long will this go on. Do you have any feel for it. Courtney I Tom Scott told me that the January 21 meeting they would be passing something along 10 us. They have several items. larson I Would that be their second consideration or does it need two or would that be their first. Just to be able to tell him when it would be in front of us. What would be your prediction on that. February- Mullerl WiI! it even get t hat far. -"'1---""'" _--.0_ .~. J ~rr~-Il""-_~ ___. ..J"~ ...___ '!If ~..... ..." " "' , t , , ' "'.-.y".,.. ~ I I , , 1/5 page R Courtney/ It can get that far regardless even if they deny. Whatever their vote is it can be brought on appeal to us. Muller/ Could I proceed with building some duplexes and not build a sL, plex. Horow/ E,cuse me but the last time we discussed this the agreement was that there was going to be you would have a get together with the neighbors and there would be an agreement reached between you plus the neighbors for some concept of that property. Muller/ The meeting did happen but- Horow/ You had the meeling but you didn't get any-well, can you tlY again. I mean that- Muller/ I don't really feel that I should have to Hy. There is also a lot of opposition to the zone being changed besides just myself now. There has beenletlers submitted to the Planning Department petitioning not to have that thing changed. There have been property owners that went to the last P/Z meeting saying that they didn't want it changed, Before it was just myself fighting the neighbors. Now there is a group of people. Well, you can call it what you want to. I guess what I am asking is could I build a couple of duplexes there within the RM-12 requirements and salisfy evelybody's needs. I would like to get going on it. Larson/ r don't know-that was ./ohn's maybe disCLIssion but I think that the agreement was that nothing would happen until we considered their request. We could have set a p.h. that would have established a legal and formal moratorium but the compromise was that we would just informally agree that you wouldn't proceed until we discussed this. Muller/ But even the new zone is going to allow the duplexes. So what is the hold up. McD/ So what you are saying at this point is ./im, what initiated all of this was the one plan that you came forth with. I can't remember it. Was it a six-plex. Muller/ Correct. McD/ or the joining of two lots or some type 01'-1 don't knolV all of the details. I can't remember all of the details. Hut the present zone does allow ror the building or duplexes. Correct. Muller/ Correct. '.':' .' \\.i r --.-.___..,..__ __._.........___......_...; ..- __.__...__.,.__. __ -~- 11---~W.""~ , - ~ -- ,. I , , ' itS page 9 IvlcO/ So what you are lalking about at this point is just JJot changing or JJottrying to increase your density by joinilJg those lots but just building as you would what is allowed at this moment. Muller/ And what J understand is if they do change the zone it would still be allowed. Larson/ That is what J am not sure about because one of the propositions is the RNC-12, a low density neighborhood conservation residential. Which would have design review standards in it and so what he is proposing mayor may not fit into that new zone. We don't know what that is. It is something that they are going to come up with. And that would be my question is when 've have said that Jim wouldn't do anything until after P/Z is done with it and after we are done with it. They :::'c 'lOW into something that maybe his duplexes would be allowed or maybe they wouldn't. Depending on the design and what that zone- IvIeD/ Even if RS-12 zone that they were considering, duplexes were going to be it. They were talking initially from changing the zone from RM-12 to 1\..''-12. Larson/ Correct. Now they have a second option. There is only three options in front of them now. RM-12, RS-12 and what they call RNC-12. Muller/ Four options-not to change it at all. Larson/ That is right. And J don't have any idea whether that conflicts with what Jim voluntarily agreed to do. Is that fact that we have thrown in the fact the possibility of a new zone. Ivly understanding was that we could have frozen him. He said don't freeze me J won't do anything untll you are done. Now he is saying well what I want to do would go into the old zone. But we are looking at things other than the old zone. Horow/ Hold ofT, okay. Larson/ I don't know. I am just- Kubby/ That is the problem when we don't do things ofl'icially. Larson/ It mayor may not be a problem. McD/ We don't have a problem yet. Muller/ There is no problem here. I would like to get it ofT dead center and get going on it, Larson/ J think it would be a violation of the spirit of our agreement with Jim if we said no and go ahead and do something that is allowed under the old zone now. I would like to do it for you but I think it would be contrary to what we talked about. ~ - - t ~,. -.... 'If' ~ ,.:1IIil',- " I I , ItS page 10 ~lcD/ If they are going to be talking about this. I am assuming with what has been discussed at the P/Z level, Jim. There is going to be a decision reached at that January meeting. lvlullerl What happens if the zone isn't changed. McDI If the zone isn't. Muller/ Right. Larson/ They don't it. They just recommend to us to change it or not. They might say leave it aione and then the neighbors convince us to change it to RNC-12. McD/ They have to option of coming in and asking us. Larson/ We meet on February 1 st. Courtlleyl They can appeal-the neighbors can appeal the decision of the P/Z Commission. Muller/When is the p.h. set. Is there going to be a p.h. McD/ If there is a change that is going to be proposed. If there is a change that is going to be proposed there has to be a p.h. larson I If they discuss it on Janumy 21, it would be on our agenda to set p.h. on February 1.-2. Informal on the 1st and the formal on the 2nd. Courtney I So then the p.h. would be on the 23 of Februmy and we theoretically could take the first vote on that night, too. Larson/ I sure wouldn't have any problem doing that but you can see your two months. Mullerl Okay. Thanks, Courtney I Any other items for public discussion- Mill r .-...- ...~.. '1MIll!l!l.'-~--""'- ~_....-- --~. -!iII_r~,_,~_ " " I " #6 page 1 " Courtney/ I would like to open the p.h. on this item. Kubby / Here comes Gary with all of his stuff. Larson.! Then this ordinance will be on our agenda next time. Courtneyl Yeah. Kubby/ Gary, \Vould you come up and show us that box. larson.! You don't have to have a box like that. COUrlney I I thought it \Vas a lot bigger than that, Gary Kline/elderl This is an approved tamper proof cabinet The simplest, cheapest kind available. You can even get them in designer colors. You GUl get them recessed. You can get them \Vith mirror glass. Horow/ You don't necessarily have to put them up and down. You can put them in side ways as well, Klinefelderl They have to venical. . Horow/ But you could put something on top of it, right. Larson/ You could make kind of a camp thing out of it. I think it would be nice. Klinefelder/ You can wall mount this. Courtney I Does it have to remain painted red. Horow/ No. There are designer colors. Courtneyl Do like they did with the newspaper vending machines on the mall. Kubby I So the theory is that you break the glass and get the fire extinguisher. Is it illegal to keep the key in it so instead of breaking the glass you open it up and get it so you don't have glass all over your house. Andy Roccal (can't hear) Kubbyl So I can't have a beaded fringe thing over it to hide the box. Okay. Larson/ You can 364 days a year, You just can't the day they come look at it. Novl Before you sit down r have a question. Kubbyl Th,Ulks for bringing that in. Novl When the smoke detectors are put in, are they reqllired to be wired mUleI' than battery operated. Klinefelder I Only in new construction. New construction or remOdeling which would require a bUilding permit. On an existing bUilding in the case where new smoke detectors would be required, they could be battelY, We would prefer them to be hard Wired but a battery is cerlainly satisfactory. ,/';'\ . ,.;." " , ,", ..:.. ':""'>,"" ""c, :",.', " .'-,",' . I':, . ~---""''',",~,.".:.~~......."..._._,.~...,--. "."" '. , . ,.,',- ,',,' -- ..._-.-~.--_..- ,......--- --~--_...__. ....., ~r~'... - ......._. lIl. , , ", ,.,-' " I '-." .. , ':_: ,l:'...,.~,?;.",('"~.~;;',:",',, .,' ' .. .... ...... ......:;'.':.;.,...:'....", ~~q;I':Z\',l;',I: :"~::;t2f:";' ',.." ,.81. ,:....f.. ~.: ::':1: ,', -- . ).,,'~.' ;'" ..~, '. " ....' , J!6 lXlge 2 ......i .1: . " ,.,~::',;ir<'?t::,' , ,',;', ..' .:.:;: ',....'."'; f"":':': "',, :"" ';""""""":'-""""~""",.,,,,"-,.,",':':,'"',.".'..,:,:.'g,'"","~.,',.'~...;:,,!T,~:;(~1~ :,,',:,'" ,:,":".~.;'!:""',:,:,~ .,',','),:',":,':~,' ::'-. . -.. . " ;.' .. ,"~I .. ' ..,...... ' .;i'-:~i~~..;-)~:. :,' ~.; _.',",,' ,:;".;', ',,: ":'~.',.',,'.',.t". ',' ..!. " .....,-:, ,....., .. I .' .. .. .. -' ~:,.;'~,::,.,~~~:,.: _.: ;,;. ',;'.':',':',-~ "',' ',; :....:,:,:'"', I , . , Nov/ I am not sure it is in a dormitory situation. I think the batteries may be used for other things. Klinefelder/ I can't really address the dOrInitOlY situation except in terms of fraternities and sororities that are consider dormitory type use. They ,u'e required to have not only a central alarm system but individual smoke detectors within each room. Alarm system is a fully supervised system that had battelY back up in case of loss of power. They are sophisticated systems. Larsoni And they are electrical. Klinefelder/ Yes. lclectl;cal and VC battery back up both. Larson/ It was just a balancing act. You felt to make evelY rental hOUSing property in Iowa City go in and wire their smoke detectors was just too much to ask at this point. Klinefelder/ Properly maintain~d bat tery smoke detector will accomplish the s<une thing. Larsoni I agree wit h you. Kubby i Keep having those change your clocki change your batlelY. Klinefelder/ They even tell you when the batlelY is going bad. A little noise. Nov/ I understand about that idea. I just thought that if you are dealing in a student population, your baltery lveCU'S out on something else and the smoke detector battery is very convenient. Klinefelder/ That is a maintenance issue that I am afraid is always going to be there. Short 01' requiring hard wired smoke detectors which is significant expense. Nov / At least they are required in new construction. Klinefelder/ Yes. lIardwired and a battery back up both, combimllon. Ambr/ Don't most of them use a nine volt batlelY. It isn't interchangeable with too many stereos. Klinefelder/ There arc less and less items that use a nine voll. Courtney/Thank you. Max Yocum/ Could I say something now. I guess last week or something like that. I still own this Quonset house down here by the ball diamonds and there was a-oh, that gentleman that just left. lIe went down 10 the Capitol Propane Company and told them not to put any propane in my tank and so therelbre the water froze up and busted pipes in my house down there and me and your city manager had a little misunderstanding, I I I I 'I . I , I' . L...._,_,._......,_...._. , - r ~----~-- t~t:~>.'Y/::c>'( ,";,!,~' ~~:~_:",:":':'(~ ::~,::,:,::::":~ :,',," .:,:~, "~~::~"~~:'\::},:t~':::"i;:, ~\:~~l ;'l'!~' ~ <;:~t, I~,~t:f:-;"~~:l~~: T~:' '~~' ,=~~~ 7::;c;.'::,: 1.'..',_, ,- ""I'I~.._.."""I " " ',,~ ......:";,.1.;" ,',' ...:....:.r'! .....;;.. .,..',', .', ";1. ,t, :', . , "I . ,,' :', .--,~.... 'J, 116 page ,,,! too, about ~j()me things, And I am getting damn sick and tired of this kind of canyings 011. No\\'. Courtney I Ma:\, does this have to do \\1th the item that we are considering n Chapter 17. We are talking about some amendments to the housmg code for f1re silfety. Yocum/ Oh, I thought that you had finished that. Courtney/No, We have already passed the public discussion item. Yocum/ Are you telling me that- Courtney/ I don't \\'ant to hear comments on this during this p.h. It is not pertinent to this subject. Yocum/ Is the p.h. over. Courtney / Tlus is a p.h, on the amending the housing code. It doesn't have anything to do with your problem. Let me finish this. Yocum/ I thought you had. Courtney/Any other public discussion on rhis item. Andy Rocca/ I believe last night Gary Klinefelder addressed council infol111ally regarding some of the proposed amendments and [ think he also gave you background regarding about the 18 months that we have been working on some of the Greek houses in the city. Some 45 inspections that have been conducted. It has been my expeliences as a fire marshal for the last year and a hall' of working closely with the University of Iowa resident services in conducting fire drills within the residents halls that the student population typically is going to react in an emergency situation just as they do when they practice. Or they will perform a little more effectively practicing a fire drill and so also in the amendments that we are proposing to conduct fire drills within the Greek houses in Iowa City. And for those very reasons and I just wanted 10 point that out to you. If you had any questions for me I would be willing to answer them at this time. Horow/ The only question I had last night had to do with who did the certification of the qualified alarm technician and that was answered. Andy Rocca/ Okay. Very good. Anything else. Thank you. Courtney / Any other public discussion on this item. I close the p.h, Now Max. Max Yocum/ This property down on the Sand Road there. A bunch of that property has been sold for development and they bought the property where my Quonset house sits and stull like that -~~,. ....._....._.. ....... Jl .- . , I , ' 14.. -~ - -...-._- - r - .. I.. 5'" If(l page-+ and that stuff h,~s all gOl to go out. And, but Mr. Kline/dder who just left-he wrote a letter down to the. I thought I had a copy or it in my pocket but [don't find it. lie wrote a letter down to the Capitol Oil Co. and told them not to put any rue! in my tank down there. Larson/ Why is that, Mm', Why he wrote the letter. YOCllm/ I don't knOl\'. I thought he just wanted to create me some problems. l.arson/ Give me a real reason. I am sure you know what it is, McD/ Randy, Mr. Yocum brought me a copy of the letter and I remember it was about a one paragraph letter and this was a few weeks back and he stopped in to see me one day and we talked about it and I did do some checking on it. This was not initiated by ILLS. This stem rrom a court order that the house was not to be occupied and- Larson/ Were we in a position 01' having to enforce that order as city staff. McD/ My understanding II.I.S. asked for this. The court considered it and the court issued the order that this house was not to be occupied und2r present conditions and a letter was sent to the propane company stating that because of the court order this house liaS not to be occupied and that is how this has come about. Kubby / But having the utilities and having to be not occupied seems to be two different things. .lust because you, if you want to heat your pipes up so they don't burst, it may not mean that there was going to be someone inhabiting that building while there was enough heat there to keep the pipes, Larson/ It may be a first that I'm going to agree with you Mr. Yocum, hut I don't think that that's proper but I don't know enough details to put a judgment on it. But if the court wants to issue an order then the court ~hou[d enrorce its order or the sherll'f should or the police department or inspection services if that's proper. But this isn't the arena 1'01' us to judge it because we don't knolV any 01' the hlCtS. But from what [ hear, I don't care for that way of doing things. If the court want to, il' the city wants to make sure the court order's being followed, they should make sure it's being I(Jllowed, but I don't see the connection in terms or shutting off the utilities. McD/ I don't understand the legal ramifications as far as a court order, but that is what is stated in the letter. '~..., -- ~.... ....M'---y...m.~--,...._.. ""at _'"'_I.~lOtt.WAA4--'_\.Ac.tlr.., . '4.-'!1' .... ~iiillllllll .." - - .- ~ ~'~'.~",;-'>' "i.:;~~5:~:~-1 ~>::," ,;,;,~",~.'.:'-'"'~:'~ :f:~~~Jff;f ~" '"' '"" "'" J'''' """,,"; ','''' " ",~; "r~,"i/';':J;";: .," ~....( ,'?)~/;"'~'/ ... .;;.S.'::t~.,i,_~L\':::,':;~ ;",;,~"",_:""',:',~'"":"""'..::.,.~,',.,,,, .;, ,. \ t.,:." 'Ji;d!.7: "l"""'""~"'''' ~~. f"'rt.._w,wM-lwM,:",M, ~ .' ....;->-."~, ~-.....--- '. < ..-:." :U~'"f+_'. Qf:'i:2,(...~~-~:~~'"\~'i':,,:.,,,/~~-::,:,:- <, '" '.:,"'l~' 'I , , ' 116 page 5 l.arson/ I don't want to prejudge it, but I want to tell you again that [ never think it suits your purposes to come and tell us about these things. This is not the level at which we know anything about these things. [I' you'd go to stall aed ask them to present them to us or call one of us indi\1dually so we can find something out about it before it comes to us which ruaybe you've done with John. We just can't reac~ to it because we can't evaluate it. We don't have any information about it. Yocum/ Well, [ just wanted you to know what happened. But the property has been sold and I had the house inspected this summer and I put the, fL'\ed the broken window or two in it. i\nd I fixed all that stuff, stuff like that. But I don't think anybody has the right to come down and, they took a letter down to the propane company and told them not to put any fuel in my tank, larson/ That's what I'm saying. On the surface of it, I don't think that's the proper way either. But I want to hem' the cities side of it before we judge it. I'd be glad to check into it and check into it and get back to you. I just don't think. Courtney/Can we get something from HIS on the process that tlJ.is went through? larson/ If anytlJ.ing should of gone, maybe it should have been the court order rather than a letter, but can we get back to you on it? YocU!'l/ Well you're going to have to do it pretty quick because I'm gdng to South America in a few clays, Larson/ You do that every now and then don't you. Yocum/ Yes. And ['m certainly going this winter. And there's a, you can't believe the peoples that's going down there since [ started going. I could name you off about 15 that's going to go within the next couple of weeks. larson/ Thank you. I,",,' ,,' ..lJI"i"''I'...... ---....---......,.--- ....Hl'!_.....~_r_ __llU"""_n~"11fI"'1lI. _"'* ) - l' ~ Agenda Iowa City City Council January 5, 1993 Page 8 (4) Design Review Committee - One vacancy to fill an unexpired term ending July 1, 1995. (Term formerly held by Kay Irelan.) I These appointments will be made at the January 19, 1993, meeting of the City Council. ITEM NO.8- CITY COUNCIL APilOINTMENTS. a. Consider an appointment to tha Board of Examiners of Plumbers for a representative of the public for a two.year term ending December 31, 1994. (Mike Dreckman's term ends.) Action: Ro n.riJ'I',di.{') b. Consider a recommendation to the Board of Supervisors that Jan Hubel be reappointed to the Riverfront and Natural Areas Commission for a three.year term ending January 1, 1996, Action: ~u1J ~ AO..... a.f2kl ,.u~ c. Consider appointments to City Council Committees: i , . ~/t;{ft) .oft#f (1) Legislative Committee (Currently serving are Randy Larson, William Ambrisco, John McDonald and Karen Kubby.) I I I I I I I I I I I. i , i. i Action: --.100) F) ~t& ~~ A-wJ~ I . (2) Rules Committee (Currently serving are William Ambrlsco and John McDonald.) Action: ~-l-~ (3) Civil Defense Commission (Susan Horowitz Is currently serving.) Action: ~ (4) Convention and Visitors' Bureau (Darrel Courtney Is currently serving.) Action: ~ ."--'M"'~"--'---~-""-----'r""'-''''- ........--... .-. _.._-~. - . Agenda Iowa City City Council January 5, 1993 Page 9 (5) Council Representative to CCN (Karen Kubby is currently serving.) Action: ~I~ (6) Johnson County Council of Governments (Currenlly serving are William Ambrisco, Naomi Novick, Karen Kubby, Susan Horowitz, Randy Larson, with Darrel Courtney and John McDonald as alternates.) Action: A-nJ, I 1lwi Jh~/ ~ I ,&.....w..o-u...J ~ 'Y )}L c/).. a.o ~-j--",- ITEM NO. 9 -~ ~INFORMATION. , xIE/./ ~./ ITEM NO. 10. REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY. a. City Manager. ~(J-/ ~) b. City Attorney. -f)- . I , , "; .,,:-,.,. ,,'.' ;,:Y';/!'::;'~:::,:"Z.;/:..::,,',:::<~::,:;:, ~~;"~,-:,..., ,,,.:..~."';/' " , /l""""f~l':""'i:'::"" ':,."",:" ,':' "'~ t~':~~;,;, ...:' I." /:,' (I :"'l":v::', ..'i-/ ,~':, ,,:,:," '~,": :;',,: "C,; ".:'.';:...' ,.',..... ......,' ,l.'o,' ~I"r":'t~c:.~' I,.','~ '" ." " . "_.,!., ,i:. '.0:" .,::~~.",\ ; :'.~:}'_" ',:" ' ,-' ::" " , ,," " ': ,'" _ ".>.:'>' ,,;,::::';.: "!"-' .t~~'I.,~,,~.~>::: ....o'", ::i_';;'\'~:';\;,,: 11"(" ( ,,0.. ) page! Courtney;' Larson/ That's where the action is, right there. Kubby 1 Although I would like to request all the legislative committee that when there are, Bill, being on that commit tee last year, we never met as a committee unless there was a meeting that for some reason I either wasn't !old about or was told abovt and I blew it off with out knowing it. IvlcD/ You weren't gelling your mail? Kubbyl I probably just. McD/ No we couldn't, we thought you must have been out of town. AmbrlSix or seven times, wasn't it'! Kubby 1 So there was no meeting, I think there's so much stuff that the state does specifically that affects how we do business because we say the buck stops here, literally. And that when things come up that you either individually or as a committee if you would help educate us as to what issues are out there, if you have recommendations on what we should do about them, I'd like to have that committee become more active than what it was. as a committee. I know that we're active as individuals and sometimes as a whole, but as that committee it would be helpful to me to have the conuuittee bring things to my attention that I might not find out about otherwise. Horowl I agree with Karen. But I'm also happy that we do have the Iowa League of Ivlunicipalities that gets on top of these things as well as staff members. And I think that the more that, the more issues that I'm made aware of from staff writing letters or we, for instance when you go to the Club 39 or whatever the name of the mayors' group. Nasty Nine, not 39. Kubbyl Get it right, Sue, Courtney 1 Urban ______ Coalition is the formal name. lIorow/ Yes right. I appreciate when you let us know what's going on in that because it docs help us become personally active. Larsonl I think that annual meetings with our area legislators are helpful. We've done them several times the years I've been on council. We didn't happen to have one last year. But I think that they are helpful. So often we arc preaching to the choir because they understand our needs hut they are in a minority in our legislature as a WHole. But I think annual meetings with them at a minimum are goocl. ----,---_.~.... .~.........-".- ------- iLfl llJ'-- ... - ....'., - -- . - r~~ -,... . f/lk.6 page 2 Kubby/ But we do that with council as a whole but it is not a commit tee. I,m'son/ We did just the committee two years ago. last time we met it was Bill and I and John. Ivlaybe it was just Bill and J. With .lean and Minnette. Nov/ I think we should do that because there are so many new ones. Horow/ I think the most valuable time is when we have the legislative day in Des Moines and you get to sit around the table and inl1uence legislators not from tills area. That is what I think is fun. Larson/ I guess I see this committee as being something that if something came up or we wanted to have a liaison on a particular issue the committee could maybe do it rather than the whoie council but that all council members would have responsibility to work with legislators on issues. Horow/ We will just have to work harder with. Kubby/ As long as we are registered as lobbyists. HorOlv/ I don't think we are going to have to do that anymore. The way it sounds. Courtney/Could I have a motion to approve these appointments. Moved and seconded (Horow/ Ambr). Any fltrther discussion. All in favor (ayes) Opposed- .__~.__~_.,__~_~.... __,__.._4''''~ _""~ J~ _"'O""""'-_III.~ ,.-~_......... _..n.".... ___.. ______ - .. ... "" p-. "1 , 'I , , , "\" " -yy--~--'~ '" ..- ~-~ #9 page 1 Courtney/ City Council Information. Kubby/ Yes, I had two issues. One is I wanted to make sure the public had an updated or a date on which we are going to discuss the pesticide ordinance. After I got home last nigbt ] fell a little confused about what that date was. When everyone was going to be- The reason the ctelays were happening were because we couldn't get everybody here and it is something that has been so fully discussed we wanted everyone present. Courtney / Well it appears that if we are going to have it anytime before spring it is going to have to be March 2, I found out we have someone gone all of March now. E'\cept for three days. Kubby/ Naomi, are you going to be here. Nov/ Yeah, I am going to be here. Larson/ Given the history of pesticide ordimmce p.h. and the amount of things we have on March 2 I don't know who is missing the meetings for the next three months. Courtney / We have got Susan for a month and Bill for a month. Larson/ It might be someone missing that we know how they feel about it and get their ideas before hand and get the thing set up and get it going. Because at this point we are not going to be able to publish the thing until May and then we have missed the spring season. Kubby/ It is real important that we get moving. Larson/ The only thing that I have on council time that dovetails with this and I will get it out of the way nolV is and it was apropos of a letter that was SOl",ewhat tongue and cheek in the paper tonight. But something I spoke about last night which was the appropriate way to deal with this issue is not to just wait and see whether an initiative or referendum is put one. We should pass an ordinance that we think is proper and then if someone else wants to do something else as a citizen's group that is fine. And I think council agreed with my statement to that affect last night. But] would like to get it on the agenda. Courtney/ I think we should put it on for an informal discussion at the next meeting. Atkins/ 18thl Courtney/ Yeah. Imson/ Well lets do it. If someone has an objection that is going to be gone or a point to make, make it then and it is liable to be a 6/0 or 7/0 vote anyway, You never know. Get it on there. ]1' we have to defer it, del'er it. 'i \, ,';" ~----_..__._..._~..- -...........-..----........-- ..... -._~"--..-~-- . ---- "__-"'-'''f''' 1 .. ~ ~lIiI'MII'N, .,.. .".. ''- ~ /, - iil) page 2 I i I I .1 I . I I i Kubby / I am a hllle more skeptical about that in that there are only four people who agreed to any one a~pect of any ordinance at all and if that fourth person is not there and it is a 3/3/ vote it dies. larson/ Can't we get an agreement that if we have one of those kinds of split votes that we defer it until we have a full council. We have always done that on close votes. We have always deferred. But maybe we can get some of the discussion out of the way so we could just get the voting done. Kubby / DaITCIl is looking like he is saying that he is not making any promises. Courtney / Exactly why I was waiting for evel}'one to be here, folks. Kubby/ But if we miss the season. Lets just make it sure it is at a meeting where Sue is there who has said that she is going to vote for it as long as four are here. MeDI I didn't here Sue say that she was going to vote for it. Kubby I Sue was going to vote for the one aspect of the ordinance that four of us could agree to for commercial company larger brighter signs. That is what Sue had agreed to. Horowl Before we do this I want' to go back and review the material. I think we have spent an extraordinary-no, I am not hedging at all. I just think we have spent just too much time messing around with this. The amount of time that we have spent- Kubby I Let's do it. Let's do this one component. Horowl It is not that easy. Let's think about this. l.arson/ Are we going to talk about this on the 18th. Darrell. Courtney I Yeah. Tonight is not the time. Atkins/19th. You don't want to have a meeting on the 18th. We haven't agreed officially that you are going to have a meeting on the 18th. larsonl I don't want one. That is my vote but I thought everybody else wanted one, Kubby I We were keeping it tentative because of the budget. Horowl We were going to walt until the 14th. We are making up our mind on the 14th. Novl Do this the 18th or 19th of January. Atkinsl Yes. Kubbyl My other issue is probably going to get the same response and that is since we revisited the ban on burning I would like us to officially let contiguous communities know that we have kept strong on that issue as a council even though it was a split -...,.., . - ,...----...- - A ~._---.."""; ...----....- ...."._IOIII~. I I , i .1 I - - ........ r ... . ". 119 page 3 vote. To make sure that they know that we revisitec!the issue. We c!ecic!ec!that it was in the best interest of our citizen's public health to mailllain the ban on burning anc!that we realize that they have partial bans or no bans anc!that some citizens have talc! us it does affect them and to let them know that we have- McD! Why do you think that they are not aware of what our position is on tllis. Kubby! I don't necessarily thinK that they are not aware of it. I think that they are aware through the press. What I am saying is an official conllllunication from this council to other bodies who are contiguous. McD! I am not so sure that I would support that. Kubby! One of the arguments-the reason I think about this is that one of the arguments that Darrell made is that University Heights doesn't have a ban on burning so the smoke comes over so why should we have it. I want to say why wait a minute the argument doesn't have to lead to that conclusion and that we can have it and we can encourage other communities to follow what we are doing. McD! It comes dOIVn to the same tiling. One of the things we 111n into all of the time and we will continually run illlO is that we are trying to shove something down the smaller comlllunities throal. Now this is something that we fight continually in a lot of the different areas that we get involved in. I think everyone that surrounds us and evelyone in the county knows our position on it. A majority agreed to ban the uurning. I don't know if it is necessary to really go any further than that. Kubby! I think language has a iot to do with whether things are interpreted as sho\~ng it down their throat or conllllunicating. I think a letter can be written that is not judgmental but that is informative. Courtney! I got an idea, Why don't we just write a leller to the Board of Health and have them encourage it. Ithink we have already done thaI. larson/ Mayor Katlchee and I just did a little radio show last Wednesday morning about this issue and it is still percolating in the other jurisdictions. I kind of agree with John. Although I think the language could maybe be kind of pleasing to it. I think it would be taken the way you have talked about it in terms of they know IW have the ban on and I think for us to -.......... r~- -------.---...-t .......__...~ " , , ~. " ,. .' . -- -. I lit) page-J. say listen we have stayed with the ban has to smack somewhat of why don't you think about doing it. Their citizens should let them knoll' that they 1I'0uld like a change. And I would encourage their citizens to do so. But [ don't think it is our place to tell the other elected officials what we have done and why don't you do it also. McD/ We voted on it twice. And I think yoa knolV that makes a pretty solid statement. Larsun/ As a supelvisor I don't know if I would vote. They have totally different issues in the county, I don't think it is up to us to analyze their questions. Kubby/ I am thinking more of University Heights and Coralville because what happens in thl!ir community does al'Ject our citizens. I am saying that-the reason I brought this up is Darrell's argument that they are not doing it why should we do it. I am saying there are more than one way to come to a-you can have a same situation and come up with a myriad of conclusions. Horow/ Except that we do have, on occasion, as telling other people what to do and that, I have to agree with John, I really wouldn't like that. Kubby/ That is fine. I thought that I brought it up because I needed to bring it up. Courtney/Any other item. Kubby / No I don't. AmlJli You know over the last couple of months in these chambers there has been a lot of talk about histOlY. Historic preservation. Well I want to announce a historic event. I have J1wned hanging on my family room wall an invitation to the inauguration of William Jefferson Clinton and Albert Gore Jr. I kept the envelope... Courtney/ I got you beat. I got two invitations to it. Ambr/ The only thing thaI could top this historic event is if in 1997 Min. Dodderer gets invited to Dan Quayle's inauguration. larson/ Did you notice the news item thar Ilonald Heagan voted for Clinton. :vJaybe that is why you got one. Kubby/ Maybe you and I should go. A republican and a Socialist going to a Democratic inauguration. AmIni. It will be appropriate because is will be JanuHlY 20 which will be a cold day. Imson/ Why did you get one and I didn't get one, . '.;. ______ _. ..__......_ __...___~..._....._...._____~...-.--"'-----........--"'-~ 11M'" '" Ilt~'f.lIWa '., ,..,-.; -~ ~ , . , 9 I , , , , #9 page S Courtney I [ got two o[ them. hubby I I got one. I.arsonl The two Hepublicilns get invitations over here.... I may demand an investigation as to how you got one, Bill. COL:rlney / Did yours include an invitation to the inaugural ball. Ambrl Evelyth.ing. Including medallions. Courtney/They have a little saxophone you can order [or $35. hubby I A little pin. Ambr/ I am relishing that. I.,arsonl You are one of those people that donates to both parties. Comlneyl Did you get the solicitation from the limo service. The limo service one. You can rent a limo for [our grand. Horowl The other day in the Press Cilizen the E.A. had their \\1sh list for the year and I read the wish list especially having - " CHANGE TAPE TO HEEL 93-2 SIDE 2 a copy of our energy awards. Unless I am interpreting this material we have wrongly, we are like about #1 city in the state if not- hubbyl I don't think that is what they mean. Horowl It sure talks about light bulbs and all. hubby/ I don't think they mean for the city itself. I think that they think the city should have a program to encourage it's citizens to conserve energy. Not the city itself. Hormvl I would like to toot out horn in terms of what the city itself has done, I would really like to have a report sent to them. Kubbyl I am sure- I know some of those people- Horow/l belong to E.1\. So it is not them it is us. I like the city to know what we are doing because we are doing stuff. Kubbyl We have saved over $2 million in the last ten years. Horow/ And the other thing in terms of history. This Sunday there will be a memorial for Darrell Court ney's birthday. That is a historical evenl as well. Courtneyl You beat me to it. Let it be know Ihat loday is council woman Horow's birthday.... Ambrl I got one coming up Ihe 23rd in Glse you ..... Courtney / Anylhing else- I had Happy Birthday Sue circled, [can cross that one oul. _.~___~__~__._Jf!P'I!fI. ._.......1 ~_..... __ N' ___._......_. _.._~;;; -..- ...,..-----.-----.,...,.....--- - - --~'.. ~r -- . . '-. !Il) page 6 I am going to make a little commercial here. I attended the committee meeting for the: United \!vay Campaign this altemoon. The mayor always gets to he the chair of the residential campaign and I am sure that there are a lot of folks out there watching. And since this gets replayed for a couple of weeks that have something that looks like this in the drawer or in the closet. This is a pledge card. The goal of UW this year was $lmi:lion. We anticipate at the current pledges turned in and what has been verbally commilted but we don't actually have it in writing yet. We are at $910,000. We have until January 31st to raise another $90,000. And I know that there are many of you out there who have just kind of put off tuming the card in, oh, I'll catch it next month when I do the bills sort of thing. There is no next month. We need these sent in by January 31 to meet that $1 million goal. It's the most important campaign in the city. It benefits numerous agencies. Lots of comments being made about the national organization. That's past history. It's been taken care of. 92Q: of every dollar stays in Johnson collnty. I highly encourage you to get the cards out, fill them out. Double what you think you ollght to give and send it in. Lemon/ Well said, Horow/ You do a good job. Courtney/ Salesman from way back. Besides, John BahlJl~r said I had to do it. I always do everything John says. Secondly, there will he a special formal meeting for January 12 at 5:30 just prior to our budget deliberations to consider the sewer bond sale that scheduled to take place on that day, Thirdly, I would just encourage at least 248 people to send letters to the Press- Citizen in opposition of dropping IX)onesbury. Horow/ Oh, I agree. Courtney/ I think il would be a travesty, One of Ihe totally adult oriented comics in there. And jllst because another flawed survey took place, that 247 said it was one they did not like, I want 248 people to send it in. Kubby/ All right, Darrell. Horow/ I will. Courtney/ Secondly, 228 people ougHt to protest dropping Non Sequitur. This is a local author, moved 10 Iowa City, and deserves to have his comic in the paper. So 248 and 228, \" ~___._._.,......._._......_.~~ .._...........___..-..___..._____-'!!IT pJlft', _ ..... ~ "" ,.",....,..-- "U i I , ' . .'} j... -~ - ~. - r - . .. - '" ....... ~- 'I , , ' -. 119 page 7 I..arson/ You know, my cOl!!ment about that is sometimes newspapers have to lead rather than just cater to the whims of the public and I get Doonesbul)' ilJ 3 or 4 different newspapers daily so I don't really care but I wouldn't like that. That just feels wrong to have Iowa City, the //lost literate community in the countl)' to think about dropping Doonesbury. Courtney / I //lay have to start getting a different paper if Doonesbury is dropped. It doesn't show up inlhe Wall Street Journal and the Investor's Business Daily. I don't get the Des I\Joines Hegisler. I get the local paper. Okay. Enough said on that. I i , , I , i I , I I I i , i i I I I I J I i , I - _ ...,- -""1ma - - --alMa., ~ , "1 I , , -. #lOa page 1 '1. Courtney/ City ManagEr. Atkins/ .Just one follow up to your comments about the UW. I think you all recall that in the six years that I have been here the city employees again exceeded their goal. We believe we certainly have made our contribution. That is all] have. Courtney/Yes. We got a glowing report on that this afternoon. ":1 l';, i ,<,I ,; "II i ,.__...__'"'~ .." U'--~-"--'" -"IIl11lli11ii --~ !If '>..d. _'H")!lA ~ -----.....---~-- ~- Action: Agenda Iowa City City Council January 5, 1993 Page 10 ITEM NO. 11 _ Consider a motion to approve a tentative agreement between the City of Iowa City and Iowa City Association of Professional Firefighters, IAFF, Local 610. Comment: This tentative agreement is for a duration of one year and Includes a 4% across.the-board wage increase, a $20 per month co.payment for health insurance by those employees electing for family coverage, a $150 annual payment in lieu of employees receiving additional holiday accrual ior holidays actually worked, Incorporation of the current shift schedule into the agreement, and some minor contract language modifications. A copy of the tentative agreement Is Included in Council's agenda packet. Action: /Jmth ) #no lev ~) If>>A 0/; Y.LL . ( 10 ITEM NO. 12. CONSIDER A RESOLUTION REJECTING THE BID FOR A CONTRACT FOR THE ~ REMODELING OF THE CIVIC CENTER MAIN LOB8Y PROJECT. Comment: The bid opening for this project was held December 15, 1992. The following bid was received: McComas-Lacina Construction B~se Bid: $63,378.00 Alternate #1: $ 1.950,00 Alternate #2: $560.00 Architect's Estimate: $47,000.00 Public Works/Engineering recommends rejection of this bid. Action: ~AMuJ / du~ d~/ -!J 1)1 I ' 1f(J~ ~.J 11// arfA') ITEM NO. 13. CONSIDER AN ORDINANCE AMENDING CHAPTER 15 ENTITLED 'SOLID WASTE' q~. 355'1 OFTHE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA TO CREATE A NEW SECTION 15-43 TITLED 'LIEN'. (SECOND CONSIDERATION) Comment: This new section 15-43 was inadvertently omitted from the May 1992 revision establishing curbside separation of solid waste, This section allows the City to attach a lien upon the property of any user or property owner who has failed to pay for solid waste service. Such liens shall attach to the property receiving solid waste service only upon certification by the City Council and filing of the lien with the County. Staff recommends adoption of this ordinance. ITEM NO. 14. A~~Oj~~ J I~ ~ ..,. - "</' -.. 1111 Page 1 Courtney/ !\'Ioved by Ambr, seconded by HorolV. Discussion. Kubby / I am going to be voting no on this and it is not that I have problems with a lot of different parts of this. It is just one part of it but it is such an important part to me that I feel like I have to vote no. And that is the co-payment for family coverage. I just think it is not a family friendly thing and that IVe should pay full coverage for families. Courtney / I wished you would call Minneapolis and tell my employer that. I checked today and mine is a $145 co-payment. Kubby / Just because the private sector does it doesn't Illean it is light. Courtney! I \\1sh you would encourage them. Kubby / I sure will. Courtney/Any other discussion- All those in favor Motion passes, Kubby voting no. _.__.~...",..~_'_._ _ ~ _ll!r!I!f"d"",-,"". ---.~..._.._- -' ---..-.... 11 mlilllW-- I I , , I : j I t \ I I i ,',' " I, - - r ..... . ..... , , , , if] 2 page] Courtney/ The city manager has requested that \\'e defer lhis item. Atkins! I prefer that you defer it. We spoke this afternoon and we may be able to spend some lime with the perspective bidder and bring it closer to the estimate. We would like two weeks to take a run at it. Courtney / Moved and second it (l.arson/ Horow) to defer to the -'anualY 19 meeting. Is that long enough. Atkins/ That is fine. Larson/ I may vote against it then because I am not a big fan of single bidder bids. Horow/ this is my question then. Docs that mean that you go back out as a- Atkins/ No. Deferral gives us a chance to talk to the perspective person there. The perspective company that we might be awarding this too. Rejection is rejection. It is done. You have to go back through the process. Larson/ I am willing to let you negotiate very toughly in case there is communication elTor about what we were looking for or something like that but I ma not saying I am going to vote for it even if they come down a bit. Nov/ Does this deferral allow someone else to come in with a bid. Atkins/ No it does not. Horow/ That was my question. I don't understand why not. Courtney/We closed the bids. Horow/ When you alter the specifications to decrease the pIice you therefore change the bid. Atkins/ No, There may be some- Marsh will have to help me. We don't materially alter the project. That is why we need to talk to the perspective bidder. We are permitted to do that through a process of negotiation. If it becomes a substantial enough change we look to legal to guide us in this. Then in fact it is a matter of rejection. I am doing this at the request of a staff member saying maybe we can go through that process and bring something even closer. Larson/ I think a lot of us feel the same way about single bids in that we have no way of knowing whether we are getting a competitive type situation unless we have two or three people bidding and this is not an urgent thing. It id the right time to do it along with the remodeling. To rebid wouldn't be any big deal to me. Courtney/ Any other discussion on deferring. All in favor (ayes). ~J; ,'., - ~- r -- ..~"'T I,.~, <.'''. ")"-:';:'\'; '.' . . ":--;'-";..' " >,' -r7':,.; ,::,.:8 ,J,' .'. . , 'j' :~ :: ,"' ",' ',;, ,;:'::~ ~;s:~:: ..:, :";_:':'" ,'" :~:;:;', :":,,:"i/';':,:, ::::);t ,,?;!;';' ~/;;I ,::7>:J;:>,',',: =<'':t' ::: -,':>/"\' ;~::. ,~>~~ \"~\'/:~'\:." ,:,.l"f:, \" .' ,',' I, , I, " . ,"""'I''''',.r " " 'iJ."",,,,,,,,, ",,'., " , ~;. ., J_~,.\.r \,~" ",--: '1,-' ,2' -,' -, ".~, ,.':~';':r',' ~,-,::".,'..;,';".':':' ,....,-,.. '-: , , City of Iowa City MEMORANDUM DATE: December 31, 1992 TO: City Council FROM: City Manager RE: Work Session Agendas and Meeting Schedule Monday January 4 , 1993 6:30 P.M. . Special Council Meeting. Executive Session (Collective Bargaining) City Council Work Session. Council Chambers Housing Code Amendments - Review zoning matters _ Council agenda, Council time, Council committee reports _ Consider an appointment to the 80ard of Examiners of Plumbers 6:50 . 8:00 P.M. 6:50 P.M. 7:00 P.M. 7:45 P.M. 7:55 P.M. ~anuary 5, 1993 Tuesday 7:30 P.M. - Regular Council Meeting - Council Chambers January 12, 1993 5:30 - 9:30 P.M. Tuesday City Council Work Session - Council Chambers Discuss FY94 Budget January 14, 1993 5:30 . 9:30 P.M. Thursday City Council Work Session - Council Chambers Discuss FY94 Budget January 18, 1993 6:30 - 8:30 P.M. Monday City Council Work Session - Council Chambers Agenda Pending January 19, 1993 Tuesday 7:30 P.M. - Regular Council Meeting - Council Chambers PENDING LIST Appointments to the Committee on Community Needs, Broadband Telecommunications Commission and Human Rights Commission - January 19, 1993 Appointments to the Historic Preservation Commission and Mayor's Youth Employment 80ard - ~.~~ 1993 F~b(()a.ry 013) _......~_.................,________.._...._ .........--........... JII 1 ~~ilI=' ---