HomeMy WebLinkAbout1993-03-16 Agenda
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IOWA CITY CITY COUNCIL
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AGENDA
REGULAR COUNCIL MEETING OF MARCH 16, 1993
7:30 P,M.
COUNCIL CHAMBERS, CIVIC CENTER .
,410 EAST WASHINGTON
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AGENDA
IOWA CITY CITY COUNCIL
REGULAR COUNCIL MEETING. MARCH 16, 1993
7:30 P.M. .
COUNCIL CHAMBERS
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ITEM NO, 1. CALL TO ORDER.
ROLL CALL.
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ITEM NO.2. MAYOR'S PROCLAMATIONS,
a, Child Abuse Prevention Month. April 1993.
b, {Jmu,CoJ\ 'Ud CrO:J5 mDn-M - rf/().rdJ 1993
ITEM. NO, 3. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR
AMENDED.
a. Consider approval of Official Council Actions of the special meetings of
February 23, 1993 and March 1, 1993, and the re9ular meeting of March 2,
1993, as published, subject to corrections, as recommended by the City
Clerk.
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b. Minutes of Boards and Commissions,
(1) Civil Service Commission meeting of February 9, 1993.
(2) Housing Commission meeting of January 12, 1993.
!3) Housing Commission meeting of February 9, 1993,
(4) Board of Library Trustees meeting of February 25, 1993.
(5) Board of Adjustment meeting of February 10, 1993.
(6) Historic Preservation Commission meeting of February 10, 1993.
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(7) Broadband Telecommunications Commission meeting of February 17,
1993,
(8) Airport Commission meeting of February 16, 1993.
(9) Riverfront and Natural Areas Commission meeting of February 17, 1993.
(10) Planning and Zoning Commission meeting of March 4, 1993,
e. Permit Motions as Recommended by the City Clerk.
(1) Consider a motion approving a Class 'C' Beer Permit for Dell Mart,
Corp., dba Dell Mart #2, 1920 Lower Muscatine Rd. (Renewal)
(2) Consider a motion approving a Class 'C' Liquor License for Sports
Column, Inc., dba Sports Column, 120 S. Dubuque St. (ReneIYal)
(3) Consider a motion approving a Class 'C' Liquor Lieanse for Gringo's of
10wa,City dba Gringo's, 115 E. Collega St. (Renewal)
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Courtney/ Proclaim the month of April, 1993, to be Child Abll~e
Prevention Month.....
Ian behalf or the Area Council on Child Abuse and NeglL'ct and
the children of Johnson County, I thank you f'or bringing
attention to such an impoJ't<U1t issue.
Courtney/ Thank you.
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Courtney,' P!wlaim the month of !\larch, 1993. to be American Red
Cross 1\'lonth in Iowa City....
Kuhby/ I just wanted to say a few things quickly. This month eight
volunteers from Johnson County disaster services wil! he taking
part in the Iowa Disaster Institute which will train them to
help families and businesses who have fires. So they will be
belleI' able to serve the residents of Johnson County in case of a
disaster. Also we are doing some new instructor training and
we have a new first aide and CPR course that is llIuch more
comlllunity OIiented and focuses on a child and infant
prevention or injuries, I encourage people to call the Red Cross
and get trained or retrained.
Courtney/Okay.
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Agenda
Iowa City City Council
March 16, 1993
Page 2
(4) Consider a motion approving a Class 'C' Liquor License for Elks Lodge
B.P.D.E. #590 dba Elks Lodge B.P.D.E, #590, 637 Foster Rd. Renewal)
(5) Consider a motion approving a Class 'B' Beer Permit for M& T Invest-
ments, Inc., dba Happy Joe's Pizza & Ice Cream Parior, 225 S. Gilbert.
(Renewal)
(6) Consider a motion approving a Class 'B' Beer Permit for Rigel Corpora.
tion dba Godfather's Pizza, 207 E. Washington St. (New)
, (7) Consider a motion approving a Class 'C' Liquor License for the Regina
Foundation dba The Regina Gala, 2140 Rochester Ave. (New)
d. Resolutions.
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(1) CONSIDER A RESOLUTION AUTHORIZING EXECUTION OF CONSOLI-
DATED ANNUAL CONTRIBUTIONS CONTRACT KC.9033E. PROJECT
NO.IA05.E022.017,
Comment: The Annual Contributions Contract covering the 502 units
of Section 8 Existing Housing certificates has a termination date of June
30, ,1992 for Project Number IA05.E022.004. HUD has offered to
renew the project to June 30, 1997. Project Number IA02.E022.017
will replace the expired projects and, therefore, does not represent any
new Certificates for the program, but Is intended to maintain the number
of units In the program at the current level. This extension is essential
to tha conllnued operation of the Assisted Housing Programs now
administered by the Iowa City Housing Authority. The maximum Annual
Contribution amount will be $2,084,410,
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(2) CONSIDER A RESOLUTION AUTHORIZING EXECUTION OF CONSOLI.
DATED ANNUAL CONTRIBUTIONS CONTRACT KC-9033Y. PROJECT
NO, IA05.Y022.014 AND AMENDMENT #2,
Comment: The Annual Contributions Contract covering the 246 units
of Section 8 Existing Housing Youehers has a termination date of July
31, 1992, for Project Numbers IA05.Y022.005 and 006. HUD has
offered to renew the projects to July 31, 1997. Project Number IA05.
Y022.014 will replace the expired projects and, therefore, does not
represent any new vouchers for the program, but is Intended to maintain
the number of units in the program at the current level. Amendment #2
changes the expiration dates on Exhibit I to July 31, 1992, for Project
IA05.V022.006 and April 30, 1993 ,for Project No, IA05.V022.002.
Those extensions are essential to the continued operation of the
Assisted Housing Programs administered by the Iowa City Housing
Authority. The maximum Annual Contract Authority amount will, be
$1,215,391.
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Agenda
Iowa City City Council
March 16, 1993
Page 3
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(3) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND
THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A
DECLINING BALANCE LOAN FOR PROPERTY LOCATED AT 431 NORTH
LUCAS STREET, IOWA CITY, IOWA.
Comment: The owners of the property located at 431 North Lucas
Street received a three.year, declining balance loan for the amount of
$1,100.00 through the City's Housing Rehabilitation Program on
November 5,1979. On June 28, 1982, the lien expired and should be
released.
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(4) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND
THE CITY CLERK TO ATTEST TO THE RELEASE OF A LIEN REGARDING
A PROMISSORY NOTE FOR PROPERTY LOCATED AT 640 SOUTH
LUCAS STREET. IOWA CITY, IOWA.
Comment: The owners of the property located at 640 South Lucas
Street received a ten'year, declining Interest loan in the amount of
$790.00 through the City's Housing Rehabilitation Program on June 24,
1986, On March 2, 1993, the owners made a lump sum final payment.
Since the payoff has occurred, the City can now release the lien.
eo9, Correspondence.
(1)' Letters regarding Melrose Avenue/Bridge project from:
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(a) E.I.Krai
(b) Diana Lakes
(c) Leland McCormick
(d) Barbara Anderson
(2) Letter from Sue Feeney suggesting the formation of a neighborhood
coalition.
(3) Letter from Louise Murray regarding various Issues.
(4) Letter from Dalssy Owen and Dorothy and Clarenea Haverkamp
regarding garbage service for bed and breakfasts,
(5) Memoranda from the Traffic Engineer regarding parking prohibition on
Gilbert Street from Highway 6 South to the south city limits,
(6) Letter from Amy Spencer Wilcox requesting a traffic light at Foster Road
and North Dubuque.
bL adddltfY)
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City of Iowa City
MEMORANDUM
DATE: March 16, 1993
TO: Mayor, Council, General Public
FROM: City Clerk
RE: Addition'to the Consent Calendar
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3 d. (7) Letter from Larry Olesen regarding his rental property in Iowa City,
(8) Letter from Nila Haug regarding refuse collection.
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Agenda
Iowa City City Council
March 16, 1993
Page 4
f. Applications for the use of Streets and Pubiie Grounds.
(1) Application from Diane Denneny to have the Ronald McDonald House
race on Saturday, May 8, 1993. (approved)
(2) Application from Pat Gingrich to have the 1993 CROP Walk on May 2,
1993. (approved)
(3) Application from Stephen and Nan Trefz to have the Iowa City Commu-
nity School District Music Auxiliary Road Races on May 22, 1993.
(approved)
(4) Application from the Northside Neighborhood Association to have a
children's parade as part of the Neighborhood Association Fair on May
30, 1993. (approved)
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END OF CONSENT CALENDAR
ITEM NO.4- PLANNING AND ZONING MATTERS,
a, Consider, setting a public hearing for March 30, 1993, on an ordinance
amending the Zoning Ordinance by conditionally changing the use regulations
for a 30 acre parcel located west of Sycamore Street and immediately north
of the Corporate Limits, from ID.RS to RS.8, Medium Density Single. Family
Residential. (REZ 92.0016)
Comment: At its March 4, 1993,meeting, the Planning and Zoning Commis-
sion, by a vote of 6.0, recommended that the subject application be,
approved, subject to the following conditions: 1) restrictions regarding when
and how basements could be provided, 2) developer agreeing to prOVide
$7,500 to be used for parklandlopen space acquisition in the Wetherby Park'
neighborhood, as defined in the proposed Neighborhood Open Space Plan, and
3) the developer agreeing to dedicate rlght'of-way sufficient to accommodate
the upgrada of Sycamore Street to arterial street standards. This reeommen.
dation is generally consistent with the staff recommendation.
Action: .1n.:JJ/ n M;~1lv
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Agenda
Iowa City City Council
March 16, 1993
Page 5
b. Consider an ordinance amending the Zoning Ordinance by conditionally
changing the use regulations of an approximate 240 acre tract located east
of Scott Park, south of Lower West Branch Road and north of American
Legion Road, from the County designation of RS, Suburban Residential, to RS-
5, Low Density Single.Family Residential. (REZ92-00131 (Second Consider-
ation)
Comment: At its January 21, 1993, meeting, the Planning and Zoning
Commission, by a vote of 7.0, recommended approval of the requested'
rezoning of the Windsor Ridge tract from County RS to RS.5 with the clear
understanding that all of the costs associated with providing infrastructure for
development of the subject tract wiil be paid by the developer, and subject
to 1) the developer dedicating 6,9 acres of open space (a centrally-located
four acre neighborhood park with the remaining 2.9 acres developed as
green way trails linking the tract to Scott Park), the locations of which sh~1I
be negotiated with the City of Iowa City, 2) the developer dedicating a
minimum 13 acre school site, the location of which shall be negotiated with
the City and the Iowa City Community School District, and 3) City Develop.
ment Board approval of the annexation. This recommendation is consistent
with the staff recommendation, Comments were received at the public
hearing held on February 23, 1993.
Action: Yv\. {. ~/ 'Y\~
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e. Consider an ordinance amending the Zoning Ordinance by changing the use
regulations of an approximate 14.25 acre tract of land located west of U.S.
Highway 218 and north of Rohret Road, from ID.RS, Interim Development
Single-Family Residential, to P, Public, (REZ92.0016) (Second Consideration)
Comment: At its February 4, 1993, meeting, by a vote of 7.0, the Planning
and Zoning Commission recommended that the site be rezoned to P, Public,
subject to conveyance of the title for the property to the Iowa City Communi-
ty School District, and acknowledging that this approval may accelerate the
need to upgrade Rohret Road. This recommendation is consistent with the
staff recommendation Included in the staff report dated January 21, 1993.
Comments were received at the public hearing on February 23, 1993,
Action: 'rr0: n J r\~1.u".jI)
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Agenda
Iowa City City Council
March 16, 1993
Page 6
d. Consider an ordinance amending the Zoning Ordinance by adopting Section
36.10.5, Neighborhood Conservation Residential Zone (RNC.12). (Second
Consideration)
Comment: At its January 21, 1993, meeting, the Planning and Zoning
Commission, by a vote of 7.0, recommended that the Zoning Ordinance be
amended by adopting Section 36.10.5, the Neighborhood Conservation
Residential Zone (RNC.12), The Commission's recommendation is consistent
with the staff recommendation included in the memorandum dated December
17, 1992. Comments regarding this proposal were received by the Council
at the February 23, 1993, publiC hearing on this item.
Action: ~ L D/ 'f\,,-~) :i, l<C. c. V -I f
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, e. Consider an ordinance amending the Zoning Ordinance by changing the use
regulations of property located in the general vicinity of Johnson Street on the
west, Clapp Street on the east, Market Street on the north and Jefferson
Street on the south, from RM.12, Low Density Multi.Family Residential, to
RNC.12, Neighborhood Conservation Residential Zone. (REZ92.0018)
(Second Consideration)
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Comment: At its January 21, 1993, meeting, the Planning and Zoning
Commission, by a vote of 7.0, recommended that the Zoning Ordinance be
amended by changing the zoning designation of the subject property from
RM-12 to RNC.12. The Commission's recommendation is consistent with the
staff recommendation Included in a memorandum dated December 17, 1992.
Comments were received by the Council at the public hearing held on
February 23, 1993.
Action: ~~J!)/ </{J'4S
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f. Consider an ordinance amending the Zoning Ordinance to conditionally change
the use regulations of an approximately 19.18 acre parcel located south and
east of the intersection of Sunset Street and Highway 1 West from the
County designations of C2, Commercial, and A 1, Rural, to CI.1, Intensive
Commercial, upon annexation, (Z.9003) (Passed and Adoptedl
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 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 the Conditional Zoning Agreement, Comments were
received by the Council at the January 5, 1993, and the February 23, 1993,
public hearings on this item. '
Action:
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Couliney/ Moved by Mcn, seconded by Nov.
Kubby/ Very quickly [just want to say thank you to Nancy Carlson
who IVas one of the neighbors in this area and she did an
incredible amount of work in gathering her neighborhood
together and presenting issues in front of P/Z and council and [
just think it is a real important thing IVhen neighborhoods
come together arollnd a specil1c issue. Some people tend to
stay involved and watch issues that the city is dealing IVith and
so Nancy, I just IVant to say thanks for all of your time and
energy and that of the whole neighborhood.
Courtney/ Any further discussion.
Holl call,
The ordinance passes second consideration.
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Courtney/Moved by McD, seconded by Nov, Discussion,
Kubby/ I IVill be voting no again on this and my biggest concern is
that the Airport Commission had said to us through the airport
manager through a memo, staling that any Further
encroachment IVhether it be residential 01' commercial around
the airport Illay Further limit our options for rehab or
relocation issues that we are talking about. And since I don't
IVant this to be pan of that discussion I IVant to be Free to
make a good decision about the airport without l11is further
encroachment. I wiII be voting no.
Courtney/ Any further discussion.
Roll call-
The ordinance passes final consideration, Kubby voting no.
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Agenda
Iowa City City Council
March 16.1993
Page 7
ITEM NO.5- PUBLIC DISCUSSION
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ITEM NO.6. PUBLIC HEARING ON CONVEYANCE OF CITY-OWNED PROPERTY AT 225B
RUSSELL DRIVE TO ROBIN M. HAALAND AND JENNIFER L. HAALAND,
ITEM NO.7.
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Comment: Robin M. Haaland and Jennifer L. Haaland own property located at
2248 Russell Drive, Iowa City, Iowa 52240. A portion of the fence for the
Haalands' lot is situated on City.owned property located at 2258 Russell Drive.
The Haalands paid $290,00 for the survey of this area and have agreed to pay
$100.00 for the piece of property where their fence is currently located,
Conveyance of that property will allow the Haalands to retain their fence. The
City will retain a tree conservation easement which will protect a large pine that
exists in the area.
Action: k ~
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CONSIDER A RESOLUTION AUTHORIZING CONVEYANCE OF CITY-OWNED
PROPERTY AT 2258 RUSSELL DRIVE TO ROBIN M. HAALAND AND JENNIFER
L. HAALAND.
Comment: See item above,
Action:
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ITEM NO, 8.
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PUBLIC HEARING ON CONVEYANCE OF THE CITY'S INTEREST IN PROPERTY a.~
LOCATED AT 1421 WATERFRONT DRIVE TO MOSS FARMS, AN IOWA
GENERAL PARTNERSHIP, AS A CORRECTIVE LEGAL ACTION,
Comment: In August, 1988, the City vacated the Westerly 8 feet of Waterfront
Drive, The City did not, however, execute a quit claim deed for the vacated
portion of the street which is located on the property at 1421 Waterfront Drive,
In addition, the City may possess rights as successor in interest to a former
territorial road right-of. way located on that property. While Waterfront Drive
approximately covers that right-of. way, it is not possible to ascertain the precise
location of the former territorial road. Conveyance of the City's interest in this
property will clear title to the property.
Action:
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Courtney/Public Discussion-
Peter Isacson/ ~Iy wil'e and I live at 500 Whiting Ave. and \Ve are
representing a number of area residents in North Iowa City.
Specirically the Bovbjergs, Braddocks, Karans. Hughs, Hulbeny,
Bill Lancia!. Holdesses, Mary Wall, Charlotte Wilson and Nuples.
As a group we have recently purchased a 19.17 acres tract of
land, heavily wooded that essen tially extends west of Shimek
School and then north and northeast of Whiting and mdge Road
and Virginia Drive. Noll' the land has always been attractive to
developers. As I think many of you will recall in 1988 it came
up for possible development. The series of meetings with P/Z
Commission and they denied the proposal and tillS was upheld
by the city council, Since, as a council. you have invested
already time and effort on this, it was suggested by staff of PCD
that I tell you how this came about and what we really desire
from it. Well in late September of last year the property was
again put on the market and the neighborhood gathered
quickly together and came very shortly to a unanimous
decision that in order to document really how strongly we feel
about this land, the property, we ought to buy it wit the intent
of having it remain totally undisturbed rather than used. Time
was a little too short to set up a !brJllal organization and we
wanted obviously to get the offer in quickly. So it was really
decided that one family, and that was my wife and I, should
purchase the property ourselves, singly, and a condition was
put on it that at least 65% of the total cost be borne by other
area residents. And that contingency \Vas very quickly met.
They bore it by formal pledges at that time. We purchased the
land. Then all of us got together I\Jr a series of meetings with
committees formed to act and do, And, in short, it was decided
that as the owners, we the Isacsons, would advocate land to
each of them proportionate to their pledge of support. And
that furthermore what they did with their land-they had 111'0
basic options. One was to keep it as their own private property
or the other to donate it to a suitable recipient. Or they could
do some of both, They could donate some and keep some if
Ihey would like, I\nd the linal analysis they elected to keep
about live acres and donate about 1.1, So we then searched Ic)r
a suitable donor and the ./ohnson County Heritage Trust turned
out to be t he agency that \Vas mostly closely akin to what we
wanted to do. That is to leave it totally undisturbed,
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115 page 2
EssentiaHy preserve it. So, what we did then, is we deeded the
land back to ourselves as a group, ](uth and I deeded it to all
13 of us. Then, in turn, that group deeded it to the Johnson
County Heritage Trust because they were wiHing to accept it
and then those keeping a bit of private land received their own
deed. Noll' there are two important factors that played in here.
One is that anyone keeping a piece of property privately, it
must be contiguous. It has got to be an extension of their own
property, not an isolated piece. And secondly that both on the
private land and accepted by the trust on the donated land was
a covenant. The covenant states essentially that you can't do
anything at all to the land. No construction, no alteration, no
anything except in cases of physical or health hazard, And
covenants will only last 21 years but the covenant does travel
with the land and it would be renewable after that time. Noll'.
on behalf of all the neighbors I would like to especially thank
two groups in panicular, Johnson County Heritage Trust, that I
had mentioned, which is a group of leading citizens reaHy
singlely devoted to preservation of natural land. And without
their support and encouragement! don't know we'd
accomplished this, Their group already has a very fine record
of accomplishment. I don't think enough people in Iowa City
knoll' about them or realize that so I wanted to specifically
mention it, Then the other group is the pen staff. particularly
Karin Franklin and !vlonica and our allomey Marian Neeley was
in close contact with them every step of the IVay, And received
much valuable advice on what was appropriate and proper to
be done and also what was not. And as a result the whole
process that could have been inordinately complicated went
through quite easily and we are very grateful that there is a
city department that lives up to the charter of service to the
public and we thank them. Finally I would like to note that we
had early contact with the statewide IIeritage Foundation,
They do the same thing on a statewide basis. Dealing primarily
with rural areas, They were quite pleased when they heard
about our actions. And the interesting thing is they stated
specifically that the most importanl property 10 save and to
preserve nOlI' days would be property within the city limits,
Primarily this Is the hardest to do, We are losing too much of
it. Noll' the reason that I am emphasizing this is while the
benefits to us as people who live there are really quite obvious,
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liS page.3
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the point is is that 1 think there is a realistic benefit to the city
as a whole when tracts of land this size or larger are kept. Now
we were fortunate as a group to have Dick Bovbjerg as a
member. As you know he is an emeritus professor of biology
and a nationally known ecologists. And, if I have your
permission, I would love it if he could say just a few words to
emphasize this latter poinl a!xlllt the value to the city.
Dick Bovbjerg/ First things first.
Kubby/ He is also a very good volleyball player.
Rovbjerg/ Thanks. I will just be a minute. Truly I have no notes.
This is a college professor who-l am out of my weight class
here. I would just like to say a fell' words 10 you really. This
piece of land is in a deep ravine, You go down sideways this
way, It is that steep and it is, on the side faCing north down
from Ridge Hoad, truly 10\\'a Ibrest, gallel)' forest. is such
ravine in a natural stale. There are the old old trees .U1d this is
what the biologists call a mature forest. Not a bunch of trees
that grow up some where. Along with that everything else.
The rotten Jogs on the floor and the mosses and t11e ferns and
the slugs and the snails and the worms and all of the critters.
And the owls up above and a great bird fauna that it is quite a
remarkable little piece. The brook is intermittent which means
that it is spring and rain running ane! it comes from spring like
seepage in the soil up near Shimek School ane! then runs down
to the river through B'Jaysville. Flooding at times rather
remarkably, The other side of the creek is a what we know as
a commlll1ity-a forest community is succession, It was surely,
al the turn of the century, pasture. There are remnants of barb
wire and there are some old old trees that have grown our in
the open. You know with their limbs out to the side instead of
up and they are about dead. But underneath this is a new
Ibresl coming in which will be a mature forest in the life time
of Karen Kubby and this would be wonderful to see because it
will be undisturbed. And no one will be infringing on it with
equipment or with the poisons Ihat have poisoned all of the
resl of the soil of Iowa City, Here would be a place really
unspoiled in that sense. Developing naturally, And it has been
said and I have said it. If all of the life of the earth could be
smashed into a thin layer of it would be the thickness of a leaf
and you can see how t he word fragile is used. Any system of
liVing things is very fragile. And life in a city is practically
I
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ifS page ~
non-existent as )'OU know. But there are woods and there are
pieces or prairie and these-the crillers in there communicate. I
am sorry, I didn't mean that. their genes now. The seeds blow
over or arc carried by birds. The squirrels run across, the
birds fly across. There is,these are islands and enclaves of
natural environments in this grossly unnatural agricultural and
urban area. And here is one right in the middle of the city,
And that is what we want to save rorever and the trust assures
us of that We thought about let us give it to the school system
or the city. But then we thought they would have a damn
nature center there and trails and school picnics and that. And
city park, we have got a lot of parks. None of those is a natural
system. They are highly synthetic. And one of the best
maintained fallacies of the conservation movement is multiple
use. You can not have a natural environment, a natural
conlin unity of living things, and picnics and baseball diamonds
and horse trails and hiking trails and bike traiis and natural
study centers, etc., et(. This is none of that This is a piece of
land down there ad it is growing and it is growing naturally
and no one will ever disturb it. That is what we thought was so
precious.
Kubby / TIKmk you.
Courtney/ Before you start Peg, someone has handed me a brochure
on the Trust here and it just simply states the Johnson County
Heritage Trust is a prhr.lte non-profit corporation established to
acquire and preserve open space, river front. wilderness areas,
wiid life habitats, marshlands, woods, scenic spots and sites of
historic archeological or geological interests, And we have the
bomds of directors on the back here. Some familiar names
even !i'om the neighborhood, Sam l~arT, Nancy Sieberling, Russ
Schmeiser, Freemontlzzacs, Jean Lloyd Jones. Some IVell
known people on the board, On the bollom of it is a
contribution form. They do accept contributions, P.O. Box] 880,
Iowa City.
Audience/Professor Heins is here if any of you have some questions
about the trust arrangement.
Court ney / It is one or t he greatest pieces or news IVe have heard in a
long time. There will be no more battles O\'cr that particular
piece of land. We didn't like that one any beller than you did,
l~lrson/ That is such a wonderful example because so many people
IVant to have a beautil'ul piece or land across rorm their
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itS page 5
property and then ask us not to let it develop. And the people
that own the land have some rights, too. And this is a
wonderful way of showing-pulling your money where your
mouth is and saying we want to keep it that way so we are
going to buy it. It is a generous thing that you have done for
the entire community as well as for posterity. You deserve an
awful lot of credit and I am glad you came here tonight. ,
Peg McElroy Frazer/ I am up here to see those names so I can talk to
them to help me with Camp Cardinal. Let me say that I had not
intended to speak to council tonight but let me echo what you
have just heard in that as you all knoll' I have been struggling
for some number of years in an allempt to at least focus on
Camp Cardinal Camp Scout Rotary Camp and the local, and
signed on by Russ Schmeiser, Heritage Trust has agreed to
write a leller of support and the state has agreed to tie the
land up for at least for a period of lime while we secure some
type 01' funding to also retain that property in perpetuity. It is
also extremely steep. It is 24 acres. Ultimately the decision
will be made with council's focus and also with Rotary's final
decision in that they own that land. That is an abutting
developable area and I also feel strongly it needs to be
remaining in perpetuity in a natural area, And the Heritage
Trust is partnering with us on the state level. SO they are good
folks and we are glad that they are around.
Court ney/ Thank you, Any ot her public discussion not included on
tonight's agenda.
Hoberta Till-Hetz/ GOO Manor Drive. I would like to use the
overhead projector piease. Let me just start by saying that as I
think everyone on the council knows, Clara Oleson and 1 have
been widely distributed the bankruptcy case on the Millard
request for assistance to start up IPM ivleat Processing plant in
Iowa City, And we also sent this bankruptcy case to the
Department of Economic Development. They were interested in
I he case and what it had 10 say and I think everyone on the
council knows they wrote back to ~1iI1ard on March 5th asking
f{lr clarification and their exact phraseology was that they
wanted a response or anl~\planation of the bankruptcy case
and ~lillard responded on ~Iarch 9th, And fbr the public
inl{>rJnation we would like tOol was going to show what the
response is and I have some other overheads. Why don't you
keep working, Let me read what that response was for public
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li5 page 6
in(tlI'llIalion here tonight. The question \Vas question i/5 on the
list of questions. Please explain the Colorado Bankruptcy case
#89 ete. vs. Consolidated Food Ine. The answer that Lynn
Mulherin who wrote this memo back to the DED was as follows:
Mulherin said, "This civi/matter has been dismissed and is no
longer pending. This matter \Vas pursuant to a confidentiality
agreement and further response \\'ould violate its terms. Mr.
Larson," he continues, "obviously disagreed with the courts
decision. MilIards reputat ion with it's customers is highly
respected which is probably a major reason Millard has grown
from the ninth largest refrigerated public warehouse in the
Untied States to the third largest over the past six years."
ivlillard has been described as a good corporate citizen here in
Io\\'a City,
Larson/ That is t he whole response.
Till-l\et7/ That is the whole response. Has the council not seen this.
Larson/ We haven't seen any of these things that you mentioned that
we were aware of.
Till-l\etz/ You haven't'!
Kubby/ No, We haven't seen anything.
Till-l\etz/ Well, it is available from the DED. We wrote and got it and
you should probably have the whole thing.
Imson/ It may be in route.
TilI-l\etz/ Which I have. You could either get it or I have a copy in
my brief case,
Kubby/ Have you gotten this stuff, Steve.
Atkins/ I have some.
Larson/ If we could get evefything.
Tilll\etz/ It is in the office here. That is where r got it yesterday.
Larson/ [ didn't mean to interrupt you but I just wanted to make
sure that you knew what-
Till-l\etz/ I didn't know. Thank you for telling me that.
Kubby/ We haven't gotten anything except from public discussion
since we put in the CEBA grant. So, assume we know nothing
excepl what you told us.
Atkins! There were some letters, [(oberta, that you wrote that
showed the council as copies.
McD/ We have gotten all of tlmt informat ion.
Till-Retz/ I should say that David Schoon. his copy came back to my
house, Hopefully it was hand delivered to him. We think we
sent it to everyone else.
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jiS page 7
What we are interested in about this case and what hrought it
to our attention was it goes to the issue of whether Millard is a
good corporate citizen or not. We are nOl sure we know that
for sure. There is a record of silence and we feel that t his case
lifted the vale and made us wanl to know more ahout what
sort of partner Millard is or would he. With in a sense, r think
you could argue that Iowa City is going into sort of partnership
with ~'lillard by promoting it's investment here, ete. And then
what sort of business Millard is to have and to he worked with.
I helieve that, Ihe fact thev sav that this case was dismissed.
When l.ynn Mulherin says this case was dismissed, that is not
true. The case was not dismissed. The case was settled against
Larry Imson. It is no longer pending, as he said, hecause it
was a final jUdgment and he did no appeal it so that makes it
no longer pending. lIe argues thai further response would
violate ils terms andlhat is why he can't respond to the OED's
request that he explain the case. This case is public record and
the facts and the findings are relevant or asked for by the DED.
Although I must admit it wasn't a crystal clear asking. I still
think that his answer is not adequate. Handy,
Larson/ I had one quesUon on just from something that came up as
just a small pan of this. It seems to me that you got the hig
verdict and then it was settled hy a part ial payment of the
judgment verdict.
TiIl-l~etz/ That is what we are assuming. There was a $] 7 million
assessment against Larson and we are assuming that the
set1lement that is confidential is somewhat less than that
although we don't knoll' that.
Larson/ I thought there was some writing that said he paid $3
million as a settlement. I may have misunderstood that.
Till-HeW That was confidential as 10 what the ultimate payment
was. He was charged with $17 million.
Larson/That is what he is talking ahout. Is how it event ually got
setties.
Till-HelZl That is confidential.
Larson/ lIe might have settled by agreeing not to apPC<l1 and paying
a certain amount. Okay. We don't know that.
Till-l(elzl We don't know. We do not know that. And I respect that
that is confidential.
Il1rsoni I thought maybe you did kno\\' that.
Till-Helzl No. We don't.
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Larson/I didn't know it. I didn't know if you did.
Till-Retz/But what we think is relevant are the facts in the case and
the finding in the case and it needs to be brought into public
discussion to throw light onto what kind of a corporate citizen
Millard is. Brieny, the li1Cts of the case, the bankruptcy case,
should be brought before the public. In August IS, precise of
1988 Imry Larson made an offer to buy Consolidated Pet
Foods owned by the Kunkle lilt11ily. They said they were not
interested. Yet within a week or so they decided to go ahead
and merge...Larson made them an offer that apparently was
interesting and went ahead and merged. There was, however,
it was very informal, it was all verbal, there was nothing in
writing to say we are going into a partnership or we are
merging. And apparently this is not uncon11non in the industry.
So the evidence that came into the bankruptcy court as to
whether they really had merged or not was like what
employees ad t hough, what associates had heard, ete. What
happens is that going into later 1988 Pet Foods, the Kunkle
business, starts to have a lot of problems. And larson has his
accountant look it over and to II)' to figure out is there-are
they really worth a million or the million and a half thai they
said they were worth, I~urther more, as they begin to have
problems, larson advances Pet Co. $2 million and the question
then becomes that the bankruptcy court has to decide was this
a loan or was this an investment in the business that wouldn't
have to be paid back personally by KIUlkle. larson said this is
a loan. I have a promissol}' note signed by Kunkle to prove it.
And sure enough he did have a promissOl}' nole to prove it.
And that promissory note Ill'comes one big issue in this
bankruptcy case among other things that the judge considered
to determine whether there had been a breech or the business
relalionship. Again. we reel this is or concern to Iowa City
because, in a way, we are going into a relationship, sort or a
business relationship, with Millard. There was a parliallisting
or the judge's bankruptcy findings which I would love to show
on an OHi>o I will simply refer you to them. They are on page
1 (12 or that bankruplcy case which is available at t he public
Iilmlt)' 1'01' t he public to reac!. The judge round specifically that
Imson disclosed conl1denlial inl(Jrnlation, engaged in sell'
dealing, constituted breeches or fiduciary dul ies, breech dulies
or honest, good lilith, loyalty and rail' dealing, and etc. The list
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goes on. On page .163 the judge sunullarizes and nOlv \Ve can
look at the summary, You missed seeing the big long list but
you can read that in the librmy or look at the copies that you
have.
Kubby/ They prO\'ided us \Vith copies of thaI.
Till-Retz/ Everybody here have t he copy of that. This is the summary
of the judge's findings that says Ihat as a result of Larson's
numerous and very breeches of his fiduciary duty and his
complete lack of candor and deceptive conduct, lXlth
indh'idually and through his corporate agents and employees,
Pet suffered damages and ete. and also suffered the ultimate
demise of Pet's business. Those are serious findings. Those are
not charges. Those are findings of the judge that \Vere not
appealed. I think that Mulherin. Irnn Mulherin, who appeared
are this informal meeting, I think on Februmy 2211(1, his
conductto\Vards the Kunkle family is of special interest And
again, this goes to the issue of \Vhet her this \Vas a loan or a
promissOl}' note. Here from the bankruptcy I1ndings and this
is those dramatic parIs that you can imagine being played out.
The judge says he feels it is important to understand the scene
at \Vhich the documents \Vere signed. Arter a short ride form
the airport all the parties arrived at Kunkle's personal
residence. r should say that neither Mulherin or Larson \Vere
at this meeting. These \Vere two people associaledwith them
who were asking the Kunkles to sign the promissory note. The
Kunkles, if affect, did not realize they were signing. That is the
issue. They arrived at the Kunkle's residence. Susan Kunkle
was there \Vith Ihe Kunkle's ill child, The child \Vas apparently
feverish and irritable. I think those or us \Vho are parents
knoll' how that can disturb your train of thought Pleasantries
were exchanged. Dophee (spl) \Vho is one of Larson's agents
told us that at one point Kunkle was holding the baby. Arter
Kunkle saw the first document he excused himself and
immediately called Mulherin ell 2:02. And he again asked
Mulherin what the document \Vas about....he \Vas inlbrmed by
Mulherin that they were merely stop gap mcasures and the
Kunkles should not \Vony about them. Mulherin laughed at
Kunklc's anxiety and reassured him that they were merely
interim documcnts pending final documentation of the merger.
The judge goes through this whole thing. This is \Vhalmakes
this whole cnsc, even though il is really 10-1 pngcs, kind or easy
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liS page 10
to read. The judge goes through that whole scene and then
these are his findings here. Having examined the evidence in
this proceeding and in particular Ihe actions of Mulherin,
Larson's agent, and I<1rSon's action in conjunction with
Mulherin, we find that while it was represented 10 the Kunkles
as a promissory note and supporting documents were to be
stop gap measures with no intention to enforce them these
representations were contrary to I<lrson's intentions. We find
these representations induce Kunkle 10 and induce his spouse
to sign t he documents. In reviewing ~Iulherin 's conduct
misleading Kunkle and minor we find ~Julherin's actions
beyond any possible pale of decency and ethical responsibility
imposed on the attorney in his position. ~Ioreover, Mulherin's
conduct in not forwarding any of the documentation to Kunkle's
attorney for review, both prior to and after the closing is not
only unwarranted bul also outrageous. The findings were that
the judge found outrageous conduct recklessly causing severe
distress which is what he had to find in this. And that he
found it 1'01' both Im'son and his agents, As you can see, the
conduct of Ulrson and his agent was reckless and with intent to
cause severe harm. The harm is evidenced by the loss of a
lifetimes work and the damage to Kunkle's marriage. And Ihis
passage goes on to talk about the severe emotional distress
experienced by the married couple and what their minister
said how they departed from being a gregarious couple to
being virtual hermits. Hnally we heard the testimony or Susan
Kunkle, spouse, homemaker and mother, lived in rear or losing
her home because of documents that she had never really
understood until this trial and which she had never received
copies. But back to the main question for a moment. Is Millard
a good corporate citizen, In January 17, .1989 Imson and
Mulherin flew to Denver to discuss with Kunkle the findings or
their accountant, ~'Ir, Furting (spl), in which he said we are
going 10 devalue Ihe value or your company by $900,000. And
they werc going to reassess it. And here was whal happened at
that conversation. larson and Mulherin are speaking with
Kunkle, ~Iulherin says to Kunklc, ~Ir. Kunkle, illY advice to you
is 10 file bankruptcy-personal bankruplcy and assign the assets
OWl' 10 us and Wl' will l1nd a way 10 slip you S300,OOO or
$400,000 and tell the unsecured creditors to go lake a flying
leap. Mulherin lold Kunkle Ihalwhat he proposed was in his
.....
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liS page II
best interest. When Iarsonlefl on January 17 he told Kunkle
he would get back to him. Approximately 10 days later, larson
called Kunkle and expound the bankruptcy idea, reiterating
that he could slip some funds to Kunkle to live on. larson. with
the opportunity to rebut this testimony, never denied it was
said. Noll', as we look at this statement, it is rather striking l
think that Ihe $300,000 that he says that he could slip to
Kunkle to keep him going is identical to the amount that the
company now says it cannot begin its operations here without
getting this amount from the State of Iowa. I think it is also
interesting the view that ~'Ir. Mulherin and apparenlly ~Ir.
larson, although we really can't say that for sure, has of the
rights of creditors and the duty of the business to these
creditors. To go tell the unsecured creditors to take a flying
leap is somewhat striking. Who are unsecured creditors. They
would he, for example, workers and small husiness people and
vendors and suppliers intlle community. I think that should
he of concern to us. The secured creditors, presumed in our
case, would be t he Stale of Iowa because as you will recall from
the application Larry Larson has backed up the $300,000
forgivable loan personally saying he would repay it if
necessary. I think we now really do have cause of some
concerns and some more questions on this that it is too bad MR.
Mulherin did not address in his response to the DEl), What sort
of husiness. What sort of responsibility to the comnlllllity and
to workers does the ~'lillard Corporation hasn't shown as
revealed in this case. J just have one final overhead and this
is in the fall of '88 when the merger was slill going very well.
Kunkle andl.arson getlOgether and talk about what they will
do as a result of the merger. Kunkle andlmson evaluated all
the respective geographical mms to decide whether to close a
facility. During weekly calls etL, etL, set target dates. Iwill
skip that part. Kunkle andl mson joinlly decided to close
1,lrson's Omaha andl'X2s Moines I~lcilities and move larson's
equipment into Pet's operations. Pet's vice-president of
operations understood that larson was discontinuing his Pet
Food operations in I.incoln, Dodge City, Omaha, and Des ~Ioines
and that all of that product would be processed at Pet's
facilities. larson did close these plants and the product was
transferred. What appears from the bankruptcy proceedings to
be a malleI' of just a fell' weeks because the relationship only
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#5 page 12
lasted a rew months, they closed (ellIr plants and moved that
production. These are just some of the hlctS and the findings
that we wished that you and the public would be aware of and
in the event that you are called upon to make final decision. In
case it comes back to you and YOllmllst negotiate the
agreement ror public assistance to the Millard Company. Thank
you.
Larson/ Roberta, have you gotten a reel rrom the DED as to whether
their investigation of this matters as well.
Till-Retz/ [would like to answer questions aner Clara has given hers
because we have kind or a plan here.
Larson/ Sure. I don't want to interrupt the show.
Kubby /Thank you Jerry and Marian ror dealing with our technical
difficulties. It is much appreciated.
nara Olesen/Good evening. I am here, again, tonight as a citizen or
Iowa City. Again to impart information and ask questions
about the CERA applicat ion on behalf or [PM lvfillard. And first,
it seems necessary to outline why this application raises
important civic questions and I am here as a citizen because we
are talking about expending a lot of tax payer's money. The
issue is do we really want to use public assistance to support
Larry Larson at all to bring meat processing jobs to Iowa Cily.
Il isn't whether Iowa City wiII have meat processing jobs. Il is
whether public tux moneys will go into meat processing jobs,
If there were not an application for several hundreds of
thousands of dollars of tax moneys being expended in that
errort [would not be here. To consider this controversy as
venting about labor vs. non iabor jobs or good jobs vs. bad jobs
or good corporate citizen vs. sleazy corporate behavior is to
omit a crit ical roc us.
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CHANGE TAPE TO REEL 93-29, SIDE 2
Clara Olesen/ IVants to use public moneys. When a private business
wants to receive a public subsidy then il becomes or should
become a matter of pllblic discussion. If there were not public
moneys involved in considerable amount. If this application
were not sailing through two rat her intricate bureaucracies, the
city and Ihe state, at rull speed, I would not be standing here. [
am citil(~n who believes in a government industrial policy. I
believe our economic system cannot function efrectively if
I
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/i5 page 13
directed by private interests alone. ] believe that this situation
raises important civic issues ahout the diligence of my electc'Cl
olTicials. Ahout guarding of the public purse. About rational
economic choices. And last hut not least about being
blackmailed by corporate millionaires. And as an aside, I
would like to mention also that I would expect to have
extended tn me the imputation ofjndependence that I have
extended to you as decision makers. If I do not stereotype any
of you as mout h pil'ces for the Cham her of Commerce. ] do n01
expect to be stereotyped as a mouth piece of organized labor.
And I find it rather ironic that at m)' age with my reputation in
this community that my independence is questionc'Cl. Rut
tonight I IVant to talk In you about two aspects of this matter.
]~irst if the role of this IXldy in the application process. On a 5-
2 vote you agreed on February 23 to fonl'ard this application
to the DED. That vote was proceeded by council discussion and
assertions hy various members of the council as to why they
IVere voting as they did. And I appreciated that public
discourse very much as a citizen. As I heard that discussion
this application was not being endorsed hy the city. That the
city had questions and was going to ask the DEn those
questions either in a leiteI' of transmiltals or by telephone. Yet
the public actions as rerlected in the puhlic record did not do
that. The leiteI' of transmittal which [have suhmilted to you
and the wording of the resolution on the back of the leiteI' or
transmittal or this application do not. I submit, reOect the
legitimate concerns raised by my elected orricials. What
happened. Why did this application go in with no written
questions nor was l(llloIVed by any writ ten questions, Why did
it go in with a resolution or endorsement. Where did the
amhiguity get lost. It is never too late to ask questions. On
~'Iarch 5, with Roberta Till.Retz, I submilted a request 1'01'
information to the DED under the Iowa Open Records law for
copies of the rollowing, Any guidelines, procedures and policy
statements for cities to refer to in the CFHA application process
which specify what Ihe city's role is in the process and what
kind or endorsement. ir any, a city's application implies. 2-Any
internal guidelines, procedures, and policies which outline how
the 1'('(\1 corporate entities in their entirety are identified and
how the determination is made to seek financial and business
date disclosure rro them. At the time, you knoll', one of the
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!is page 14
concerns is lhallhis is a very new corporal ion and whether one
was just going to look at ~Iillard Ref'rigerated Services. what is
calhl a sponsoring corporation or whether one was going to
look at the nine corporate entities which constitute Millard.
And lastly any guidelines, policies. or procedures for the
conduct of the staff review of the CEBA application. I have yet
to receive answers to these requests butl have yet to see you
folks even ask the questions. I suggest that this information is
crucial to any serious future discussion of t he role of the city in
the CEBA application process. I want there to be more CEBA
applications from Iowa City. And r lVant them to be rationally
initiated ad evaluated and I want them to be successful.l
heard late this afternoon that the DELI had received that
request and they are still working on a response and hope to
fax me the answers this al'ternoon but were not able to do so.
If you conclude that I am feeling a little hotter under the collar
than I did the last time i was here and a little whip sawed. you
are right. Because my impression was that the city forwarded
this application with substantial questions. I contacted the DEl),
They indicated they received the application with a cover letter
and a resolution on the back indicating that the city stood
behind this application and it was an endorsement. So I think
that for the future lhatll<1s 10 be clarified. Now if you notice
the date on tat letter is February 23, Again, I am not assuming
ill will. I am assuming what happened is that application with
the letter and the resolution was deemed standard procedure.
Probably ready to go before it came bef(Jre council vote. So the
council discussion was not rellected there. But the application
was not mailed, as I understand, from David Schoon's office, It
was mailed f-ebruary 25 by Overnight. That to me was two
business days in which a different cover letter, at least, could
have gone J(lI'\\'ard, Secondly. I want to share information
about the application process here which is a cause of very
serious concern. 1 outlined this glitch which can easily be
repeated in the future unless action is taken to change the
process and a !l~ller 10 the nEn of ~'Iarch 10 and it is probably
just easiest for me to readt his letter. This is to ~Ir. l\en Boyd
who is the director of the CEllA proCl'SS review staff. lIe: The
CEBA applicat ion by IPM ~'Iillard. I would like to draw your
allention to a problem of process and substance. The nm stall
and board is to review this application under several criteria,
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f:5 page IS
including the illllount and kind or "/oral support" which can
include Chapter 280 moneys. Chapter 280 or the Iowa Code is
Ihe Iowa new job training credil. Indeed this application is
most suhstantiallocalmatch is joh training money in the
amount of $283.645. See application response to question fl22.
A letter 10 Millard or Fehruary 18,1993 rrom Lon Oloncek(spl),
Director of Business and Induslry Training Center-Kirkwood
sets out the availahle terms. And that letter was part of the
application process. It should he noted that the lener went to
Millard. It did not go to IPM. However the implementing
regulation for Chapter 280 money would seem to disqualify
any job tmining money being awarded for this application.
Regulation 261-S.3 (4) states that "Industry in violation or
state or federal lahar laws or involved in a lock out or strike in
Iowa shall not he eligible for training program under this ac\'''
~'lillard. the real corporate interest in this application and the
recipient of the letter of intent from Kirkwood has been round
guilty ofvio]ating the Nationall.lhor Helations act by refusing
to recognize and bargain with a duly elected union, Millard
Processing InL 141 LRRM. 11:05 September 22, 1992. I should
point olll a fairly recent violation. To my knowledge no
preliminary agreement has heen signed in this maner which is
necessary hetween Kirkwood and Ihe reCipient and the earliest
that one could he acted upon hy Kirkwood is March 26. Yet,
the CEllA application is now under staff review and due to go to
the Board review comlllittee March 17 and full board March
18. Par of that review as I read the regulations should include
and evaluation of local match. It is probable that the situation
has never risen hef(Jre hut due to its seriousness I feel that the
way t proceed should be ]ound 10 !:ive mCClning to Chapter 280
regulations. As I read Regulation 2(il-5.3(4), it is an absolute
bar to a job training award. Yelno part of the process set up to
hold the actual recipient to this standard. Is it the ohligation of
Kirkwood, t he city or the IIFD to apply t his criteria or is this
ohligation shared. Although CEllA review these moneys as a
local match, Inllghl of the knowledge of the DED about the
labor law violation is a presumplion set up thallhe local job
Imining ll10neys are not feasible. I Hm writing this letler 10
alert YOlllo this problem and urging Ihis resollll ion by
inlerested decision makers. lastly I would be remiss if I did
not thank you ane! your stall /(]fo the time and effort expended
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liS page 16
to this matter. That was cc'd to Allen Klausen on the DED who
implements that 280 money, usually called 280B money, to
Cindy Liston who is a staff review person lilr the DED for the
CEllA application. to Lon Oloncek, the Director of Business
Training at Kirkwood and David Schoon from the Iowa City
Economic Development Commission. And whatever happens to
the state's review of the CEBA application, lhe basis question
will not go away. Do you want to give public assistance to
Larry larson al all. ] suggest you slart that consideration by
asking Ihe DED,in writing. lilr more gUidelines,a lot more
guidelines about the handling of public assistance through the
CEllA process. And at this point, if you agree with that, I
suggest that you implement the asking of those questions.
Kubby/ Today, because of questions that arose last council meeting, I
felt unsure about what our role was or what our expectations
are so I got hold or the vice-president of the DED Commission
and I spoke wilh her aboul-I tried very hard to not say well
you knoll' I voted against the application because of these
issues. I knell' that she had got ten some correspondence from
Roberta ane! Clara and just asked her as a citizen member of
this committee what assumptions do you make when you see
the application from a city in terms of what we have done or
how we feel about it. She said that her assumptions are that
you don't have any problems with the application and that you
support the application. And so I told her that if we arc not
sure of the process in Iowa City and we once in a while have a
CEllA application, other communities may also have the
question and I asked her to req uest that what the expectat ions
are-what the process that cities should go through would be
talked about. Not only Iowa City be sent those but
conllllunities who send in CEBA applications ane! any new city
that sends in a new CEllA application so that it is nol just us
who are asking fill' that inrormation. Hut that ir that
inrormation were given to council years ngo we hnve dirrerent
people on and I have never been given a Iisl or criteria or this
is what it means to vote yes 1'01' a CEllA application. Ane! so I
woulclnot say that that was a f'(:quest in writing but she said
that she would do that and it would probably be nice to f(jllow
up my requesl as an individual council member and I made
that quite clear to her that I was calling as an individual. That
we do ask 1'01' that in writing, I would be nice to hm'e, [t
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itS page 17
wOllld make Ollr process easier and to even suggest that other
communities be sent whatever expectations are set lip by the
process. That is expected that we have already gone through.
So I think that that is a really good idea. Not just for Iowa City
but for other communities in!owa who may be going through-
Larson! I don't mean to cut olT debate on that point. [agree with it
but I want to make sure that I understood something. When
YOll me11lioned the word glitch, can YOlltellme exactly what
you referred to as a glitch. It seems to me there are several
miscommunications or problems here. Which one were you
referring to,
Olesen! lwas referring to, I guess, I don't remember exactly. I think
there are two at this point. One is the application comes before
the council and when it arrives in the state they are assuming a
much greater endorsement. That is one glitch.
Larson! Logically enough having the read the letter and resolution.
Olesen/ And the second glitch is the upcoming one in relation to the
job training act. In other words, at various points in the
process it is expliCit that this application is to be looked at in
light of how much local match there is and yet one of the fell'
explicit criteria for that local match. When you talked to
Kirkwood, you say do YOll apply it and they say no. You talk to
the city-no. The state-no. Now. hopefully. I mean after I sent
the letter I talked to AI Klausen and said he was going to meet
with Boyd and they were going to meet with Lon and they
were going to sit down and try to-
Larson! Decide who is suppose to apply that criteria.
Olesen/ Right, Bllt I must say that the DEn seems to be amazed that
there is citizen requests for information, etL It is not their
process and somebody informally told me today, not from the
DED but somebody who use to work for the DEn and who now
works for the attorney general which is a little more
frightening, said well you know if we gave Ollt information
then YOll know people would write lellers to the editor or
editorials or might even call the board of the Dm to express
their opinion.
111rson/ My concurrence with your comments is thai it was my clear
impression that we were going to comnlllllicate our application
with that skepticism and ambivalence and at least, if that is
stating it 100 strongly, our concern that they investigate the
types of things that at least thought the city wasn't well
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iiS page lR
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equipped to investigate. I'm not clear as to whether we had
indinned that David Schoon would call them and talk to them
about those things or whether our letter would portray our
stance in that manner. But that was my clear impression and I
think we ought to do something to convey that to DED if that is
the majority rule of the council. That we ask them to accept
the application in the spirit that I remember it being intended.
If that is the wiII of the council and if not, I can bring it up
when there is seven of us. Mv remembrance, mv recollection,
. .
my present recollection is that we said that we would send it
on. We'd ask them to do a proper investigat ion because we
didn't feel that we could and then we would scrutinize and do
our investigation afterwards if we felt one was called for at
that point.
Gentry/ And that was before the bankruptcy case was given to you
or to me.
Larson/ Well, we had gotten the newspaper reports of the case that
day. I didn't hand deliver it that day but-
GentTY/ But I hadn't read it until-
Larson/ And I fully understood that this letter was prepared ahead
of time, I assume, and the resolution as well. And I guess,
maybe, it is proper to ask Steve whether there is something I
am mis-remembering and how you felt it was or whether there
is something else we could do now,
Atkins/ No, I think there is a number of issues, I think. Hrst of all
the resolution was in your packet. You chose not to amend that
resolution. You had a split vote on the thing. So I am taking
the resolution as gospel. Secondly, if someone chooses to
criticize the language I use in transmitting the thing then so be
it. I certainly not had any intent to do anything other than do
what your wishes at the time. I can tell you that David Schoon
has had a number of conversations with the DED about the
various issues and I think Clara is correct. They were
somewhat surprised to receive any kind of correspondence,
complaints, criticisms, constructive or otherwise, In fact, as
late as today, lI'e called them and asked themll'hat the stall
recommendation would be for the committee on the J ith and
were told that that is not public inlornmtion.
I<lrson/ Oh really.
Atkins/ So lI'e don't knoll' a whole heck of a lot more right now.
I.arson/ Maybe their opinion rather than a statement of-
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itS page 19
Atkins/ I don't know that f()r sure. I Ibund that- And David was
very frustrated by it and I fbund it all rather silly. I said just
tell us. In anticipating of reporting something to you tonight
and I have nothing really to report to you.
Kubby/ Although the problem that I guess I am having here is that
even though this resolution may be worded a certain way, the
feelings of even some of the people who voted for it were with
vOling for it nol it being an endorsement. And 1 don'l think
Ihat we did ask that a Jetter be written bul we asked Ihal a call
be made.
Atkins/ And we did Iha1.
Kubby/ That was done although I am not sure thal whalwe asked
the call to be made aboulwas what the call was abou!. But, in
anyevelll, betweenlhe call and Ihis leller, there is kind of Ihis
llIixed message, And so for Ihal reason I Ihink it is important
to do it in writing.
Larson/ That was my question, SIeve, is do you feel Ihat the OED is
laking Ihe applicalion in the spirit in which it was inlended
Ihalnight of asking them to investigale these Ihings-
Atkins/ Il'ly conversations are iimited and I would think that
conversations I have had with [)avid and the amount of
correspondence that has been exchanged I would certainly
hope Ihatlhey would understand. They selll back a iiSl of
questions thal had to be answered. Those had to be forwarded
back to them again. The facl that they didn't lellus loday.
Larson/ Lelme ask youlllore specifkaJly. When you say they were
surprised to hear or to get private inpul, did they also
understand thal the questions thal the private input are about
are also questions that some of the council has.
Atkins/ I couldn'l tell you that !(andy. I jUsl don't know that.
Courtney/ Ithink it is important to point oul and from my
perspective, as one of the five VOles to approve this, this letter
is fine. It was-it conveyed my feelings on the application. It
conveyed my feelings Oil Ihe company. They have been here
fbr many years. 1 have known of no serious problems as a
corporate citizcn of Iowa City.
Larson/ I understand that.
Court ney/ And that is where I collie from on it. As I said bef()re
there are law suits in every companies background. No matter
who comes to us with a CEBA grant andl am not intending on
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#S page 20
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tearing apart every company that comes in here. It takes
weeks and weeks to do that.
Larson! Andl don't want to argue the merits of it.
Courtney! [want the state to do that.
Larson/ I don't want to argue the merits of it because I can say that
most insurance companies [ have dealt with as a plaintilT
lawyer, at one time or another, have done something that I
would consider bad faith. Which is one of the bad things. But
on a memOlY question Ithink this probably does embody your
sentiments about the application. Do you think it embodies the
majority of the council-
Courtney! Well, we don't have two of them here 10 speak to it
tonight.
Larson! Just on your memOlY.
Courtney! Willing to say what you want.
Larson! Well, that was my question. I don't think it necessarily does
embody the majority view of council. From my recollection
anyway. I could be wrong, but.
McD! About what took place that night.
Larson! Just that we wanted the application sent in with the
ambivalence and skepticism attached.
McD/It was my understanding, aner our last discussion, that was
alter we took that vote, that we were going to go ahead and
forward the application. That because of questions and
information that had been presented to us, questions that were
raised, that there was going to be a follow-up phone call made
that week just to find out- to get a little more information
about what kind of review process the staff went through
before the recommendation is made to the committee,
Kubby/But that question was never asked I don't believe. At least-
Mc])! It was my understanding that it was.
Atkins/We have had any number of phone conversations with those
folks. I understand-
Kubby! Blll about that question. About what their process is and
what they assume our process-
Atkins! We asked them any number of questions and I am tellin!l
you what they told us today.
Illrson/ Which is we don't get to know their staIT recommendation.
Olesen! Let us not get oIT the point. The point is is that the paper
record for the DED has no paper indication except the whole
hearted support of the city council.
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!IS page 21
Larson/ !understand that. We haven't quite got there. ! think to
that point.
Courtney/And that is exactly what! am saying. We took a vote on it
and it was a 5-2 vote and on a specific written resolution and
that is the way we handle lots or matters.
IllfSon/ I understand, We can get to a rurther point. ! was just
trying to gather information to get to a point of action, I think.
I was trying to find out, I guess, what our staff had found out
from DED about, you know, the process and whether we are
going to get some kind of investigative report or are we just
going to get a recommendation.
Atkins/ J assume you are going to get a recommendation from them
and that is the best you are going to do.
Olesen/ My understanding is that we-has the council been provided
with the list of 12 questions.
Atkins/ No.
Olesen/ All right. Illy understanding is that the DED advised you, Mr.
Atkins, t hat they expected the city to exercise due diligence
and that they were a lillle disappointed in the due diligence
having been exercised by the city in this matter.
Larson/ What was not done in due diligence.
Atkins/ ! don't knoll' what that means. I don't know what that
means.
Olesen/ ! am saying is this is where you get whipped sawed as a
citizen. Right. Because! talked to the DEI),
Atkins/ They are telling you something and telling me something.
Olesen/ That is right. That is why I think it is important that when
you want information from t he DEI), When you are expressing
ambivalence and say what is the process or we are (()r\varding
this because we expect an investigation. Okay. That you put
that in writing to clearly communicate your thoughts. I mean
look at the time rrame here, lc)lks. Vou send that application in
on ~'Iarch 25th, Today is March I (1, As or -I o'clock this
afternoon the stall review was "not done," That is why they
could not make it public. Even ir it were done they didn'l knoll'
whether it was public or not, That Is a whole other Issue that!
talked to the 1\(; with,
Kubby/But there is difrerent levels here, too. We got a starr
recommendation and then the Commission,
Olesen/ The staff recommendation goes tomorrow, late afternoon, to
a subcommittee. A five member subcommittee or the DED.
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#5 page 22
ThaI meeting is closed and is closed [0 the public and then on
the next morning, Thursday morning, between 9 and 9:-15 this
will be the first ilem on the agenda.
Kubby/ jv[y point about the two levels is thaI if we had verbal
conul1unication with the staff about our ambivalence or with
our questions, that doesn't necessarily mean that that
information or that attitude with which 1 believe a majority of
people on council felt whether they voted for it or not. The
resolution. ! don't know that that sentiment is conveyed 10 the
Commission and [ guess that is why 1 feel it is important to-
Olesen/ That is exactly right. What is conveyed is the paper you
create.
Kubby/ If it is too late even or we can fax it 10 have that in a written
form. Isn't it an important thing to make sure the COlllmission
knows that and that 1 ask that we do Ihat and! ask that we
pul in writing our desire from DEn Commission and/or staff to
ask thelllwhat they expect of cit ies in going through a process.
We may disagree that we don't have the ability to do those
things. We need to knoll' what is expected before we cab argue
that. And then to ask them to nol only send them to us but to
evelY city who sends in CERA applications.
Larson/ 1 would rather deal with the specifics of this proposal
without gening into the generics of asking thelll to explain
what they expect cities 10 do and all. [think we just ought to
decide as a council do we want to ask staff to send a letler by
fax tOlllorrow to make sure the COlllmission and staff both
know thal we expert an investigation and a report and that we
were just sending it on 10 get the results of their study and
then we would make or determination about whether we
wholeheartedly support it or not at t hat point.
Kubby/ ! would like that leIteI' to be written.
Courtney/ Now wait a minute. Noll' wait a minute. What is the next,
Steve, what is the next step after Ihis. If they approve this
application what do we go through as the next step.
Alkins/ A contract. They have to have a contract developed between
I he mn andIP~'1 and Ihe city.
1<lrson/ But is there a step between that where they send back the
application and it says we have approved it and here is I he
results of our study and our investigation or do they just send
it back and say it has been approved and here is the contract.
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if5 page 23
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Atkins! I suspect youlVilI get the latter. Simply it has been
approved. I doubt that-
McD/ I thought lVe had to take some other action on iI.
Atkins/ We do. You have to agree. YoulVill have another crack at
this in the form that you have of putting together a contract
betlVeen the DED and all the various parties involved in this
thing. Yeah, that is standard.
Gentl)'/ They are looking to my office for additional information and
questions.
~[CD/ They are?
Nov/ Who is they.
Gentl)' / The DED.
Nov/ DED staff?
Gentl)'/ Yeah.
Kubby / What kinds of quest ions.
Gentry / Questions regarding IVhether the CEBA money lVas returned
and recoveree! Ji'om the Des Moines faCility.
Larson/ The DED is not figuring out that themselves. They are asking
you to determine that.
Gentry/Right.
McD/ Isn't that unusual.
Kubby / That is an indication to me,
Gentry / Well I dictated a letter and it is going to be faxed tomorrolV
about my questions about the CEBA recovery.
Kubby / Why 1V0uld you knoll' that information. Why 1V0uld they-it is
just amazing that they 1V0uld ask you.
Courtney/ She came here from Des Moines.
Gentry/I lVas here and listened to the presentations and I thought iI
was incumbent upon the city to follow up if there lVere
problems in recovering prior CEBA money.
Kubby/ But I guess I am asking if they are asking YOll if the moneys
were returned and they don't knoll' that.
Gentry! No. They are asking me for my questions.
Kubby/ That is a little bit different.
McD/ Okay.
Kubby / It was nol clear,
larson/ Here are the tlVO things that I guess I want to knolV. One is
are they going to investigate the thing and make the results of
their investigation knolVn to us.
Gentry/No, They me not.
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115 page 24
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Larson': And ir they are not then that is contrary to what we were
tolclto begin with.
Gentry/ They are looking to me do it and I am rather at a difficult
juncture here because I don't know ir the majority or the
council wants me to pursue t his or not.
Kubby/ I think enough questions have been raised that it is quite
necessary that we-
Gentry/ I mean I realize that you have already voted on it but I
keep getting questions ,Uld I don't knolV what to say or do,
rrankly.
Larson/ Well, lthink 1 would like to have-
Kubby/ Can we answer the one question !'irst that you asked about
the leller hefore we,
Larson/ I would like to have rormalized our position as a council
which unless I have got the memory wrong was that we were
fonvarding the application expecting them to do an
investigation and that] want them to know tllatthat is our
posture on it. And ir we are not going to get the results or their
investigation then it doesn't do us any good. Their
recommendation to me means nothing without seeing their
investigative report.
Kuhhy/ narrel, that was your understanding, too. That was your
thought that they would do the investigation. And John.
Courtney/ They do the investigation.
McD/ Right.
Larson! I don't_______ them to just do the investigation and make a
decision and expect us to abide by the decision without seeing
the underlying investigative report. In other words, that
doesn't do me any good to have them say oh, it is good enough
by our standards, ] don't know what their standards are or
what they looked at or what they round out. Whether they
round out that all or these allegations are raise and thererore
the recommending it or whether they I(lund out that all the
recommendations are true but they are rc'commending
approval or it anyway. There is a big difrerence between those
tow things. 1\nd lwould wanl to know which or those it was.
And so, ] guess if it's the motion that you need or ir you just
wanttl) c:ount-
Courtney/ Well, Ithink it is quite unfair the two people thatwcrc
here that hoth voted ror this to try to step in rront or the
process that has already been voted on and sent in.
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liS page 2S
Larson! Then they should be here. I am just asking Ibr four people.
In which their absence wouldn't matter. If there are lour
people that want to send the leiteI' then it doesn't make any
dilTerence if they arc here or not.
Nov/ It is my recollection that they did expect the state to do an
investigation.
I<lrsoni ] think they did. J think everybody expected the state to do
one.
Gentry/ It is not what I remember of the conversation.
Courtney/ From what I can tell the state is doing an investigation.
What you are questioning is whether they are going to give it
to us or not,
Larsoni What gond would it do us if they didn't give it to us. J don't
take a bunch of people in the government appointed to a
Commission to make illY decisions about-
Courtney/ What you are wanting us to do noli' is convey to them that
lI'e don't want this resolution to stand if they are not going 10
give us the result of the investigation.
Larson/ No. What I am wanting us to do is the same thing lI'e
originally decided II'hich is that lI'e are sending an application
in in order to get an investigation done that lI'e couldn't do
ourselves, I want to see some of the results of the
investigation thenll'e 1I'0uld decide II'hether to make a deal
lI'ith the company or no!.
Kubby/ Andll'e were working under the assumplion that the city
doesn't do thaI kind of thing. That the state does it. I mean
evelybody assumed that, So that needs to be clarified.
Atkins/ Nor would have we had the time. These CEllA applications
are always I'llsh, I'llsh, rush. That is a legitimate concern thal
we put these together in a matter 01'- It is the !'irst time [
honestly ever been criticized f(lr gelling it done too filS!.
Imson/ My only problem is that in hind sight that when we agreed
lel's have David Shoon convey our concerns by telephone that
that allows them 10 have some wiggle room about whether
those concerns are understood and communicated.
Atkins'! r don't think there is any doubt. Randy, Ihal they do that.
[arson/ So we could just claril}' that by sending the Ii];>: in the
morning to everybody that says we want tOlllake sure you
understood that our oral communications were tothe alTeel
that lI'e want you to do an investigation, We lI'ant t he results
of the invesligation ,me! so that we can evaluate whether to get
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iiS page 2h
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behind this thing when the recommendation comes back to us.
If that is not a j~lir stalemenl-
Kubby! John, do you have any problem with a leller like that.
Courtney!. Why does that have to be done before the committee
decides on this thing. It looks to me that you are trying to step
in front 01'-
Kubbyi No. Because when I talked to the woman who is on the
commillee she makes the assumption that we have done the
investigation and that we fully approve of everything.
Larson! It is at least conceivable that the people on the Commission
would say there are a few questions here but you know, if the
city doesn't have any problems with it I guess they are not so
large as to raise questions about-
Kubby/ That is exactly whal this woman said 10 me. That we assume
that you don't have any problems with it and that you are
fully-
Larson/ Don't get me wrong.
McD! It was part of my understanding that when we forwarded this
on that we obviously, I don't think a majority of us at that time
and I don't think we still do know the exact process that they
go through. We didn't feel that we were equipped at that
particular time, nor had the time, to do t he kind of
investigat ion that we assumed was going to happen at thaI
level. I guess and I think when we left it it had been my
understanding the way we lel'l it that because of questions that
had been raisl'Cl there would be con1act made, which was made,
but I am not so sure-I still don't think we have got the kind of
answers that we were looking for. ~'laybe David knows better
than what we do.
Atkins/ I am not so sure you are ever going to get all the answers
that you want. It just simply-we are just part of the
application process and simply ask for a comment on the
recommendation and didn't gel it, There is not much you can
do alxlUt it.
IllI'son/ Hut we have to leave a paper trail. If that is the majority
will of the council that they hear our concerns then lets count
noises and see if that is-
Kubby/ John, you don't have a problem with the leller.
~'lcD! Vou are asking to send a leller tomorrow to do what. To ask
them what kind of a-what has transpired in the last three
weeks.
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It5 page 27
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I\ubby/ They would make an investigation that we didn't
Mcn/ J think that is whal we asked lor originally. I don't think,
l.arson/ I think it must have two things in it. That we ask them 10
provide us with the investigative report along with their
recommendation.
Mcn/ That would be great ir they would. But they won't even lellus
what their recommendation is going to be. Will they give us
that.
l.arson/[ don't knoll'. Secondly, to reiterate oral communication to
make sure that it is not misunderstood that we just want to
knoll' about these questions. That we haven't prejudged this
thing. We don't knoll' whether we are in l~1Vor ol'this or not or
this application. We are making the application so that they
can investigate it and report back to us. We would determine
if we had rurlher investigative reasons to look at it.
Court ney / Who are we sending this to.
Larson/They may just write back and say wait a minute. You are
misunderstanding the process. We don't do it that way. We do
our report, it is secret, we make recommendation and you
decide if you want to go fourth,
Kubby/ I think we need to ask thai question explicitly, Handy.
I.arson/ Yes, [ do too.
Kubby/ Just to be very clear in what we are requesting. And I want
this letter to go to stall and 10 the Commission so the
Commission knows that we have not made an investigation
because the one Commission member who is the vice-president
said to me we assume that you have asked the questions that
you need to ask and that you are supporlive of this in full And
you are right behind it. And that is not the sentiment one way
or anot her for t he majority 01' people on council.
Imson/ What is the source of your frustration, Steve, on this. That
we are changing horses mid-st ream.
Atkins/ Yeah, there is an element 01' that. I think that we have
conducted ollrselves on these CEllA applications. [n the time I
have been here we have done three or lour maybe. We have
traditionally been supportive of Ihe business seeking it. [can
recall speCifically shortly afler my arrival when we discussed
my orfice's role in economic development lthink it was even
at the time that Bill was mayor. Clmrly we were to support
rCAD, support the businesses, provide them information, do
what we could do to getlhings done in a limely manlK'r.
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.li5 page 28
[arsoni I don't have any argument \\'ith thaI. I don't sense anybody
has an argument with thaI.
Atkins.' Quite candidly, ~'Iillard-their reputation has never been
challenged until no\\'. We sold an industrial revenue bond Jar
them. We re-finances it just a fe\\' years ago. We have done a
number of things \\'ith that company. All these other issues are
recent revelations.
I\ubby... That doesn't preclude anything that \\'e are talking about
here.
Atkins/ No. No. I am not saying that, I\aren. The question \\'as the
sense of fruslration, I mean I look at my letter and I \\'ent
\\'hat did I say wrong. I am saying that I thought you \\'anted
to l'iIe an application and \\'e l'iIed it. You had a split vote and
wit h all due respect that is not an uncommon occurrence.
larson! But I think \\'e also had a majority vie\\' that \\'e \\'anted to
specifically them to do the investigation and come back to us
about il. And now we are being told that \\'e might not get any
results of any investigation. All that \\'ould mean to me is that
they might very \\'ell prove every allegation against this
company and might still vote for the company. I don't know.
But I \\'ant the investigation done so I can judge for myself
\\'hether they are someone-
Atkins! Well, \\'e can ask the questions oj' them and I thought \\'e had
and they shared with us \\'hat they chose to share with us.
And if there is a sorting and shirting process that occurs on the
part of the DEn \\'hich I am sure there is.
Courtney! I think we instructed stall to ask these questions on the
phone and to get what t hey deemed to be sat isfactnry ans\\'ers
and now we are saying that is not good enough, We have to
have it in \\'riting. That is what it boils down to.
larson/ Because the answers we have been given are \\'e are going 10
do an investigation but we are not going to tell you the results
of it.
I\ubby/ And the conIlicting inlclI'Illation that I got fro the Commission
member \\'ho are the people who make the decision saying we
have a dilTerent set of assumptions. We assume that you have
done the investigation, that you are fully behind it and lh,lt is
\\'hat the paper \\'ork says. So I guess \\'e are not asking for
anyl hing different than what \\'as already agreed 10 bllt just a
different Iimll of communication. Instead I' verbal. on the
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115 page 29
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phone and through the ears. Have it on writing, the eyes, have
it on paper. I don't see that that is a shirt or a change in-
Atkins' It is a tad bit of one because we spend-every CEBA
application in one way, shape or form ends up being
negotiated. And you don't trade a lot of paper. They are not a
lot difrerent than mSE applications which you have been
through, You file something, they say we won't do a forgivable,
we will do this amount of money. \low will this do and you go
back and forth and back and forth.
Kubby/ The message is not being shilled it is the form or the process
that we are using. But we are not changing our views here or
asking for anything more or less. Wanting to make sure that it
is communicated 10 Ihe Commission members and via paper.
Atkins/ If I didn't communicate it in the fashion that you wanted
then I apologize for that. But I don't think I did. I Ihink I have
a voted resolution which was submitted with our application.
Imson! Let me make il clear also and Karen ran disagree with this
but it has been the recollection here that we asked stall to do it
orally. So I am not at all accusing you of doing something
difrerent from our instructions. But [ think you did that What
has happened is that the stall members maybe not yet have
communicated to the Commission members our feeling about-.
Karen talked to one of them today. They are getting their staff
report tomorrow. Maybe tomorrow is when their Commission
members are going to be told about the city's stance on the
thing,
KlIbby/ Let's not take Ihat chance.
larson! That is the whole point. Why not just send a couple of
sentences that tells them that we doubtlhe application. We
were not able 10 investigate these allegations, They mayor
may not make any difference to us but we would like an
investigation by the state. If the state is not going to do that
then we would like to know. And if all we get back is an
apprO\^cll from the state or recommendation for approval from
them with no investigative report, how do we know if they
investigated and found these allegations me false or how do 11'('
know if they investigaled Ihem at all. or were they overruled
le)r political reasons. We just don't know.
Atkinsi I am not arguing with you.
[mson! I don't want you to think that you did anything wrong,
KlIbby/ Can we see if there are lilliI' people-
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liS page 30
Courlney. I don'l think there is any question in the laws suit. What
investigation do you need on the law suit. You have got it in
writing. You have got the end result that the judge ruled. You
can make your own assumptions on thaI law suit withoul any
input from anyhody.
Larson/ I am not worried about the lawsuit.
Courtney/ I read it just as well as you did.
1~1l'Son/ [ am not worried about the law suit. I am not-I mean that is
part or it, What I am worried about is two things. II' one or the
specific criteria is that you can't get this joh training money ir
you violare a Nationall~lhor Relations Act. are they going to
investigate to find out whether they have been disqualified hy
that criteria. Or are they just going to say well, no one is
sholVing us that they were disqualified by that one criterion
and not get to it. So I want to know ir they considered that as
strictly a legal standard. Secondly, ir they have gotten a CEBA
grant rrom Des Moines and didn't pay it back and didn't give
the johs that they promised and are just blowing it ofL Well
that IVould fit in with some or the horror stories about
economic development grant money that I have heen rampant
1'01' the last ten years and I IVouldlike to knolV that too. All of
that against a back drop or my understanding that this
company has behaved very well as a corporate citizen in Iowa
City for nine years and I just IVant the inrormation. I amnol
prejudging it at all. But I sent it on hoping to get information.
]1' I am not going to get inrormation I just IVant 0 knoll' that.
Courtney/ Do we rule on the johs training,
Atkins/ Do we rule'!
Courtney/ D:) IVe vote on whether that is allowed or not.
Atkins/ I don't think so.
Courtney/ On the certir- for joh lmining.
Atkins/ I don't think so, Darrel. I think that is pretty much
automatic.
Courtney/ I don't ever rememher doing one.
Atkins/ Because the Community School district is a separate or the
Community College is a sepamte tiL'\ing district I just don't
know.
Courtney/ Who. IXles somehody vote on that or is it automatic or.
Atkins/ I think Kirkwood. The companies usually contact the
community college and say we are going to apply 1'01' them and
their hoard prohahly has some means of-
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Larson' or course they have no reason to scrulinize them because
they IVant the money. This is IVhat the community colleges in
Iowa are living on is Ihis money.
Atkins/ Absolutely.
Larson/ So they are not going to say well no, you are not a g(X)d
corporate citizen. We don't IVant to do this with you.
Atkins/ They are there to train workers and that is their mission.
That is their only mission.
Courtney/ I have some concerns about that particular point but I am
not sure we can do anything about that.
Larson/ I am not either. And ir the state says listen we didn't look
into that criteria. If you IVant to look into it you can. We
would have to decide then whether that is an appropriate
criteria ror us.
Courtney/ Rut in what respecl. We are not going to vote on that
parlicular thing anyway.
J.arso)]/ We \Yould be deciding whether to give them a grant or not.
It lllay just have some input on some councilors questions
about whether to approve a grant or not.
Kubby/ Can we get back to this question of the letter. I mean! think
probably twenty minutes ago there were four people who were
interested in having the leller sent to ! would like to confirm
that. .Iohn-
McD/ I do)]'t have a problem with requesting inJ(lI'Illation because I
just think we need to know what has transpired up to this
point.
Kubby/ Naomi- There is four people.
McD/ We assumed that there was-that some or these issues were
going to be looked at., They were going to be investigated. J
guess rrom what I h,ive been hearing I don't know how much
or an investigation really takes place. I guess I would like to
know one way or the other. So I don't Ihink there is-no, ] don't
have a problem wit h request ing whalhas happened so rar and
what kind or recommendation you are going to make and why.
Kubby/ (can't hear)
Courtney/ Excuse me Karen. And ir the qllestions YOIl want to know
abollt are the two thall(andy said I will even agree with it.
Bllt iryoll are going 10 go back to pointing oul to them that
Ihey have lost a law suit some place and that they should be
denied their CEBA applicalion because or that law suit then I
object. If it is a point or law on the jobs training thing anel/or
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iiS page 32
{he other point on the CERA money from Des ~Ioines that is
nell' information that lI'e don't have.
Kubbyi No. What my big focus of the letter lI'iII be is that even
though this resolution is worded strongly in f~1Vor of it and the
letter of transmittal, is that is what it is called, is worded as it
is. That wasn't really the sentiment of the council. Even r
believe of the people that-
Courtneyi I don't knoll' holl' you can read sentiment into a
resolution. The resolution was voted on and passed S-2.
Kubby/ But because of the questions.
Courtney/ We don't have everybody here tonight to give you, of the
five votes, to give you their sentiments.
Kubby/ If you would let me finish. I am not asking for anything
more than we asked to be said verbally over the phone and
part of the verbal stuff over the phone was why have some
queslions. This is not a blind endorsement. We have some
questions and this is going to get scrutinized when it comes
back. Nothing more than what was said. I don't understand
why this conversalion is becoming so difficult.
Courtney/ Then we should have amended the resolution is my point.
Larson/ That may very well be true,
Courtney/ That was our mistake at the time.
Kubby/ And so what I am wanting is not to change the sentiment of
what was said but 10 put it in wriling.
Imson/ Let us try to get an agreement as to the wording of the letter
so we don'l run into problems. Is that all right.
Alkins/ (can't hear)
Larson! That the letter is being sent to insure that slaff and
Commission members understand that the city was desirous of
knowing the results of the state's investigation. Will we get a
copy or I he slal'f report and invest igat ive report along with
their final rcnlllllllendation and that we want to make sure
that it is clear to the state that the city had not done an
investigation and because these questions had arisen we are
anxious to knoll' whether the state is doing one and whether
we would get to know the answers that I hey came up with.
Courtney/ What questions are you going to refer 10.
Larson/ Ilhink they knoll' the queslions because they have been
provided and referred to quest ions raised by private and
public bodies.
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#5 page 33
Atkins/ I guess I would encoura).!!' you to name the questions.
Particularly the jobs lraining acl violations allegation ane! the
no pay back to Des Moines questions.
I.arson/ And I think as well as any other questions that are their
purview under our law. I think that opens it up so that they-it
is kind of a catch all so that they know to look at things such as.
I think the statute points out the things that they are suppose
to look at which inclue!e corporate litness and so forth.
Courtney! They already came hack with several questions.
Larson/ Sure.
Kuhhy/ no you have objection to that, Darrel. What Randy just said.
Courtney/ No.
Kuhhy/ Okay.
larson/ You can lit, it around iF you want in tile morning.
Atkins/ I am okay on the letter. I woule! ask one indulgence in the
thing. I IVouldlike this letter sent to the staFf with our request
that it go to the Commission rather than sending it directly to
the Commissioners. We have to maintain a relationship IVith
those people.
Kubhy/ Yeah. That sounds like good process. Now the second thing
IVhich Randy said he wasn't that interested in at this point.
Either another Jetter [IVould like to have sent or another
paragraph on this one would be to ask them what the
Commission and or staFF assumes happens in a COmmtlllity in
terms of the process.
Courtney/ I think that is more of a generic thing that we need to he
established after this is all over with.
Kubby/ Okay. That is line,
Inrson/ That would be line with me, yeah.
Courtney/ I don't IVant to conFuse this issue on that particular point.
Atkins/ Hold on the second letter.
Courtney/ I would be more than happy to ask Ihem thai after it's
over so we don't get inlo this again.
Kubby/Will you help us remember.
Atkins/Oh yeah,
Kubby/Hutl justlhink it is imporlant to do Ihat at some point and
not lei it l:ellost in Ihe shuFne. Sometimes we say we will gel
10 thin~:s and it gels on our lisl of 50 pendinn issues and we
don't get 10 it and Ithink belclre, I agree wilh you, thai we do
it after this but before another CEHA application. Could you put
that in your 31 day l'iIe or something...
J
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liS page 34
l.arson'! Well, it is sensitive because or the tension between economic
development and the
CHANGE TAPE TO REEL 93-30 SIDE 1
Kubby/ Thank you lor this. Thank you-
Courtney'! You can portray me as a Chamber person anytime you
want to. I had to come back to that. That was a deep dig.
Olesen'! l.et me mention that during public discussion, one or the few
times a citizen has an advantage in this community and
because the mayor's role as I perceive it1hen is one or listening
and obviously that is hard and [ think one or the things we
share, Darrel, is that we have an emotional reaction 10 what we
encounter in reality. Many people don't. The _____is very
big in Iowa. [ think [ have established tha1 [ have the ability to
challenge you when you are sitting in that chair as mayor to
listen.
Courtney/ And I have the righlto respond if I wish.
Olesen/ I think that-
Courtney / ~cause I am a person as well as a mayor and when you
accuse me or things like that I have the right to respond.
Olesen/ When a citizen expresses their views here to characterize
that as an accusation might be overly sensitive. Okay, I just
asked 1'01' youta think at a quiet time what public discussion
does. [am a lairly assertive person with good number or years
in the public arena. And yet the present climate or opinion
during public discussion period is a challenge 1'01' me. 11 should
not be that Jar our citizens. So iryou wanl to bring this issue
up YOll brought it up. I don 't think thai when people come to
public discussion and make a comment that the mayor should
be so thin skinned that you take it as a personal affront. It is
not a personal arrront. Vou are there because you have a role.
Vou are elected to that role and I respect lhat role. And I am
here and any other citizen is here because we have the right or
rreedom or speech. II is not a very big area. Vou see. II is
nnher small. II is not elevated. But it is very precious and it is
pari or t he rree market place or ideas. And I nor anyone else
has to come and speak in your language or your vOCClhulary-
Courtney/ But I guess what [am interested in is where you got that
impression thal-
Olesen/ E'\cuse me, Mr, Courtney-
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li5 page 35
I
Courtney,- To start with that somebody up here was excusIng you of
not being independent.
Olesen/ The first thIng 1 have to indicate is tha1 we are still in public
discussion. I am the public, I speak. And I am not here to
argue today.
Courtney/ And I am in charge of this meeting. I JUS1 wonder where
you got that impression that anybody up here was accusIng
you of not being Independen1 in your viewpoints on this.
Olesen/ Well, I don't usually read the Press Citizen. I must confess to
that. But I believe there was more than one comment In the
Press Citizen by the appointecl city manger that persons would
not be here. That this is just really a labor vs. a union vs. a
non-union discussion.
Atkins'! May I comment.
Olesen/ You may comment. 1 love- is this public discussion.
Courtney/Larson/ Atkins/ Olesen/ (Everyone talking at once'can't
hear)
Courtney/ You said you are referring to this particular body. And
none of us have accused you of that. And as far as 1 am aware
of it,
Atkins/ May I comment.
Larson/ We weren't clear what you meanl.
Atkins/ r-irst of all if you need my opinion I encourage you to pick
up the phone and call me. Secondly as you all know I am often
asked to comment to various media sources and if I recollect I
do at least three if not 1'0111' interviews on this topic. Often
times a reporler will ask me to help frame the issues for them.
And I remember specifically saying to and I don't know
whether it was a Press Citizen reporter or another reporter. I
said 1 think the issues that you need to look at are I-challenges
to union vs. non-union employment. 2- the wage scale.
Whether it is a justiried scale based upon the ability to attract
workers. 3-is this the type of business that our community
wants and will support and 4-what is the general role of
economic developmenl as far as the city council envisions il.
Now how that got reported I wn't help you on. Hut I know
what I said.
Olesen/And I said in my remarks that I impute nothing but
independence to each member of the council and I expect
nothing less. That is l\'\aclIy what I said and only what I said.
I
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liS page 36
I.arson/ I respecllhal blL! 1 would also point 10 thar the same
meeting in which you spoke their were union representntives
that spoke and they were speaking specifically on behalf of the
unions, ( can't hear)
Olesen/ Listen. When I am here as the voice of organized labor,
locally, regionally, or nationally I will tell you. I am here at
meetings when there are animal rights people and nobody has
accused me of being an animal rights person.
Larson/ Andl was not aligning you with their view point. I was
merely saying that when he is talking about what this issue
involves it is fair to say that it involves union issues because
they were here at that meeting.
Olesen/ Sure. But I made it very clear that 1 was speaking as a
citizen and if there weren't public moneys involved I wouldn't
be here. There are lots of low paying jobs in Iowa eily t hat I
don't come to the city council and talk about. This is a civic
issue because there are lax moneys involved.
Larson/ What I was saying is that by framing the issue as that is one
of the context and that this whole issue has a conte.,t of union
and non-union. That that doesn't mean he is imputing you as
a spoke person for them butthal t here were people who spoke
at that meeting that put it in that context. Now I don't
remember the quotes.
Olesen/ It is getting late. Don't you feel it, Good night folks.
Courtney/ Any other items of public discussion to included on
ronight's agenda.
Richard Greenwood/ Thank you, Mr. Mayor. ~'Iembers of the council.
I am a citizen at 1009 l\ochester Ave. I have enjoyed this
discussion this evening. And I second the motion to send that
missile down there to the state and make them respond to your
request for investigation in to the matter. For the past year I
have had a unique OPlxlr!unity to work with an organization
called the National Councillc)r IndustriallX>fense in which we
tl)' to enhance and promote the industrial base of the nation,
states, and our conllllunities. Ilii:h standards I' living and high
quality jobs and all that that entails. One of the things that we
have become involved in is a new sel of rules Wl' all have 10
play under. And I am not sure Ihat maybe you have
considered those here at the council level. In 19RR there was a
agreement signed between the United Stales and Canada called
the r:ree Tmde Agreement which imposes a whole set of new
I
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#5 page 37
rules in economic development on not only the deferral level of
government but state and local governments, too. Every citizen
and every business, in f~lCt. And during tJ1e course of that we
have Jbund that a number of issues have arisen. JI cases I
think under unl~lir trade practices. Unl;lir trade practices can
be-they come under two classifications. (Inder subsidies and
dumping are the two c1assil1cations of unl~lir trade practices.
And interestingly enough most of the cases have come in this
area of agriculture and agricultural products. And even more
inleresting four of these cases have involved pork products and
processed pork products. And in r;lCl what is going on right
now and has been for the past three or four years is a really
intense trade war in the pork industry between Canada and the
U.S. and of those fbur cases that have been brought up under a
unique sort of dispute senlement procedure under that trade
agreement, Canada has won alllbur of them and Iowa Pork
Producers, 10ll'a Swine Growers. one of our processing
businesses-they have all lost So as I sit here looking at a deal
you are about to consummate with Ihis ham operator, No pun
intended. II'1 was a Canadian and I wanted to sell Canadian
hams in the V,S. market I think J would look down herein
Iowa City and I would say well, tell you what, bet you I can get
rid of one competitor, I am going to file an unfair trade
practice against him, the city, and the state because these
subsidies are counter available and they are subsidies under
that treaty. And I just wonder if you have thought of that and
as a tax payer I mean I know a little bit about how much
Im\~'ers charge in these international trade cases and how long
they take and how many billable hours can be involved and I
don't know if I really want to support three platoons of
lm\~'ers to fight this case when Canada does it, They probably
will so I just wan to express that concern as a citizen. Thank
you.
Courtneyi Thank you.
Any other discussion not included on tonight's agenchl.
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Courtney/ Open the p.h. Any discussion 011 this item.
Nov/ I have a question. Steve, do you kno\V \Vhat city properly this
is. Is it a hOllse or.
GentlY/ Public housing property. It is one or our public housing
properties.
Courtney/ Close the p.h.
I
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Agenda
Iowa City City Council
March 16, 1993
Page 8
ITEM NO.9.
Qi3-1.1
CONSIDER A RESOLUTION AUTHORIZING CONVEYANCE OF THE CITY'S
INTEREST IN PROPERTY LOCATED AT 1421 WATERFRONT DRIVE TO MOSS
FARMS, AN IOWA GENERAL PARTNERSHIP, AS A CORRECTIVE LEGAL ACTION.
Comment: See item above.
Action:
y\~/qhA~)
'- I
5/ .
m cp (0 ,
~i-~4<f
ITEM NO. 10. PUBLIC HEARING ON A RESOLUTION AUTHORIZING CONVEYANCE, BY QUIT
CLAIM DEED, PORTIONS OF VACATED OLD DUBUQUE ROAD IN IOWA CITY.
IOWA, TO AMERICAN COLLEGE TESTING PROGRAM, INC.
Comment: hi December, 1992, the City of Iowa City and American College
Testing Program, Inc. (ACT) entered into an agreement, whereby the City agreed
to convey whatever Interest it had remaining in Old Dubuque Road, once the road
was vacated by the City. The City and ACT also agreed that the City would
vacate and convey said Interest, in consideration for ACT's agreement to convey
other property to the City in the event the City chose to construct Scott
Boulevard extended to the west, or to construct an east-west unnamed arterial.
ACT's.abstraet of property shows the City's interest in the now vacated road is
not set forth as a recorded document but rather exists only by operation of
common law. The preferred method,of conveyance to ACT is to follow state
regulations, set forth In Section 364.7, Code of Iowa (1991), and to convey
whatever interest remaining by quit claim deed. This hearing Is required by state
law, after publication of notice.
Action:
\\e. 61.u>J ~.nH ,(J
AII4
ITEM NO, 11 - CONSIDER A RESOLUTION AUTHORIZING CONVEYANCE, BY QUIT CLAIM'
q 3 - '" a-. DEED, PORTIONS OF VACATED OLD DUBUQUE ROAD IN IOWA CITY,IOWA, TO
AMERICAN COLLEGE TESTING PROGRAM, INC,
Comment: See item above. The City Attorney recommends approval.
Action: lli..:]) / )I~_D?)
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Agenda
Iowa City City Council
March 16, 1993
Page 9
ITEM NO. 12 - ANNOUNCEMENT OF VACANCIES,
a. Current announcements.
(1) Riverfront and Natural Areas Commission - One vacancy for an unex-
pired term ending December 1, 1994. (Dean Sullivan resigned)
(2) Broadband Telecommunications Commission . One vacancy for an
unexpired term ending March 13, 1994. (Paul Casella resigned)
These appointments will be made at the April 27, 1993, meeting of the City
Council. '
b. Previously Announced Vacancies.
(1) Mayor's Youth Employment Board - One vacancy for an unexpired term
ending November 4, 1995. (Kurt Kastendiek resigned.)
(2) Historic Pr~servation Commission. One vacancy for a three-year term
ending May 29, 1996. (Betty Kelly's term ends.)
These appointments will be made at the April 13, 1993, meeting of the City
Council, '
ITEM NO. 13 - CITY COUNCIL APPOINTMENTS
~J.lw/~ l'3e.- ~
'J a, Consider an appdintment of c1ne member of the City Council to the Johnson
County Land Preservation and Use Commission. (See letter attached to the
agenda.)
I~~o
;lJ ~ ~ n)
N !/ Ato(
(}II (}J'
Action:
{Jowl (D~lAikt1)
b. Consider an appointment to the Design Review Committee to fill an expired
term ending July 1, 1995. (Term formerly held by Kay Ireland.)
Action:
defev ;/l~A1Jd~
e. Consider appointments to the Housing Commission to fill two vacancies for
three-year terms ending May 1, 1996. (Terms of James Harris and Robin
Paetzold-Durumerie end,)
Action: /1.1.... W t/JJ/h ~ of PtH1.t~ J
Qa~ M'AJ ~ IJIMUm.p~
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Agenda
Iowa City City Council
March 16, 1993
Page 10
~"I(
!11ft
~
d. Consider appointments to the Mayor's Youth Employment board to fill two
vacancies for three-year terms ending May 5, 1996. (Terms of Robert Swift
and Jacque McClure end.) ,
C2n/J( 'j). ~h)
~tJdM IhAt6/J,'/ ~"
e. Consider appointments to the Planning and Zoning Commission to fill two
vacancies fDr five-year terms ending May 1, 1998. (Terms of Tom Scott and
George Starr end.)
Action:
,4/ rrr 7tL?1t .L,~ 01-
~ ffaMJ
ITEM NO. 14 - CITY COUNCIL INFORMATION,
Action:
j,~ efr/JJ
ITEM NO. 15. REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY,
a. City Manager.
,k>> jfttJ)
b, City Attorney.
.~~)
ITEM NO. 16. CONSIDER A RESOLUTION OF INTENT TO CONVEY CITY .OWNED PROPERTY AT
93- 1,,3 1830 I STREET AND SETTING A PUBLIC HEARING FOR MARCH 30, 1993,
Comment: The City has moved a house from 323 Madison Street to a City.
owned lot at 1830 I Street. An eligible low/moderate income family has been
selected to purchase the property, The buyer will be responsible for completing
the rehabilitation of the property with the sweat equity counting towards
downpayment on the property. Closing will take place upon completion of all
rehab. A resille agreement will ensure that this home is affordable to a
lowlmoderate income household for at least 15 years.
Action:' ~.J~ _ / ~ ~)
(lbt,U,V- 10
411./J'I-~a..~r
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Courtney'Consider appointments to the PI Commission to fill tIVO
v,lcancies te]r rive ymr terms ending ~Iay J, J 998. Terms of
Tom Scott and George Starr cnd. Council has nominated George
Starr, 830 E Davenport and Tom Scot!, .j.1 l) East Fairchild.
~Iotion- ~Ioved by ~lcD, seconded by larson. (For approval of
those appointments.) Discussion.
l\ubby i Yes. [wanted this out separate because I am going to be
voting no on this one and there arc three reasons. ~Iy concern
is with the re-appointment of Tom Scott And originally I had
some concerns about a possible uncomfortableness that [ had
in lhe employment that Tom Scott has as working for River
Products and that is not a legal conflict of interest. So that is
not a reason that I am going to be voting against it although it
became part of a thought process in looking at who goes on
boards and commissions, especially P/Z. And my looking at the
other appliGUllS, also. And Tom Scott has been on the P/Z
Commission for 11 years. For two full terms and one unexpired
terms. And the terms are for five years. And so my vote for
no is voting no against this applicant is not about ,m)'thing Tom
Scott has done or not done on the P/Z Commission but there are
two big reasons. One is that IVe do have some other applicants
that I feel are qualified. And secondly, there I feel is an
evolution in the community on a disCllssion about development
and I think that we need a greater diversity of people on PiZ to
make sure that that discussion happens not only in the council
chambers but also on the P/Z Commission. And there IVas
someone that has applied that I reel would have gre,ltly
broadened that discussion at P/Z. And so, for kind of those-the
evolution of I11Y thought of first being uncomfortable with the
business connection between Tom and the development
community, IVanting a 1110re diverse perspective on P/Z, and
that he had been there a long time ,1I1d has served the
community quite extensively and that it is time to build up
new leadership and get more people involved on these
commissions. When t here is, indeed. some l~\pelienced people
on the board, that it IVould be, I feel, kind of a safe time to
have a long IeI'm member go oJT and have a neIV person go on.
So I will be voling no.
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Counney! (;i\:en that discussion, would you like 10 separate Ihe lwo
of them so that vou can vote for the other one or vou want to
- -
vote against both of them.
I\ubby/ I want to vote no on both of them,
McD! Why are you going to vote no on the other one, too. .Just out of
curiosity.
I\ubby/ I would prefer not to discuss it
~lcD/ You see, Karen. I have a little problem with this. [will tell you
why. I mean, you have the right to vote for any reason. To
vote any way you want to, For any reason you want to. But
you sit down there and you make-you imply and say publicly
that you were concerned about Mr. Scott because you thought
there might be a conlliet of interest. Noll' obviously if there
was a conllict of interest after the number of years Tom has
served I think that this would have come to light much before
no. And I think it is a little bit unfair to sit in a public meeting
and all of a sudden raise this issue after ten years. Now, you
say you think that other people would serve better, not better
but maybe he has served enough and should move on and-
well, again. you have the right to that opinion. [think thai he
has done an outstanding job. Whieh you, I don't think, have a
real problem with the job that he has done so far. I think
because of a lot of the issues that arc pending right now. I
think probably his history and his leadership can be very
beneficial. Again, you and I might disagree on this point but [-
through the years it has not been unusual. And when J \Vas on
P/Z a number of years ago J served with a lady that served 10
years there and it was very beneficial to have individuals like
that because that is a verv verv-well, of all the boards and
commissions, it is the one we deal the closest with and it is one
of the boards and commissions that have the most impact on
t he most people. All of our boards and commissions obviously
impact people but this has impact on the most people. So, the
longevity issue is not something that is-there is precedence for
that. And that has happened through the years. I have no
problem supporting Tom t()r the reasons thai I have given. But
I guess [ don't understand why youlI'ould raise these
queslions like on TOIll and go through that and then when
asked why you are not voting for the other individual you say
[ would ralher nol say in public.
.....
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l\ubby/Hecause I think it 1\'0uIcI-I think I need to daril)' a statement
and some possible interpretation. When I a III talking about a
connictl recognize that it is not a legal conllict of interest and
because-I probably wouldn't have brought it up ir there were
no other qualified applicants. But because I personally feel
uncomfortable with thai relationship and in my mind I guess I
am not viewing it as a wnllict. I am viewing it as something
that makes me uncoml'ortable and that if 'l'om Scott were
indeed on city council the question may be answered a little
differelllly. And so, because of that. Ilcel uncomfortable. And
because there are other qualified applicants I think that that
resurfaced again. Because other people were applying and that
there were people who didn't have those kinds of connections,
And my decision to not talk about why I don't want to separate
them out, I have made an agreement not to say something. I
will honor that agrl'Cment.
larsonl I want to say a couple or things. One is that I think in
general debates about who we want to appoint end up being
discussions of the relative merits and demerits of candidates
who put themselves in front for not that pllIvose. And r don't
like them. I think that our practice of talking these things over
privately, one on one, or on the telephone or talking to these
people individually is a better practice than debating in public
the relative qualifications of all the different candidates. Not
that it is secret but that it is sensitive and it can chill the
numbers of people thatll'e have apply and I don't il is fair 10
people. Secondly, I don't know of a public servanlthal r
respect anymore than Tom Smtt. All that said, I think that I
agree with the premise, in general, that new blood is good on a
commission every now and then. In his case, I don't think it is
true and lthink that you have to look at each of those
situations case by case. In his case, any time that the
colllmission is being steered in a direction that they don't want
to go, they can just quit voting with him and he has got to have
three-four votes to go with him to do anything. Secondly,
anytime this council doesn't feellhatthey are going the
direction they want to go we can just nol rolloII' the
rl~'ommendations of !>iz' Wilh those kinds of protl~.tions in
place I think Ihal we would be roolish nol to re-appoint hilll.
Courtney/ Any olher discussion. ,\11 in lilVor- ayes. Opposed-aye
(l\ubby). Appointnll'nls are approvec!.
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Courtney.! City Council Information.
Nov/ I would like to remind everybody of the Legislative Forum that
will be on illarch 27th, this month, 9:30 A.M in the Iowa Citv
Public J.i!muy. Come. Talk to your legislators and follow the
state issues,
Larsoni Can [ talk about anything I want.
Courlney/ I guess.
Larsoni I t will be very short but it is not anything that is on the
agenda tonight. Today at the J,dCOS we talked about an item
thai has gotten some press and so I Ihought I would jusl touch
on it briefly. And that was whether the extension of Camp
Cardinal Road from HII)'. G in Coralville 10 ~Ielrose Ave in Iowa
City should be part of our arterial stfl'el plan which is a long
range 20-30 year, in some instances, plan for arterial streets
Ihroughout the community. My IXlsition has been all along, I
think any consideration of an arterial slreet plan in that area of
the community needs to be done in a comprehensive way with
analysis and input that we haven't yet golten and so I had
resisted pulling that section of Camp Cardinal Road on the
arterial street plan and a month ago had been part of the vote
to remove it from the arterial street plan. It was brought up
by represenlatives of Coralville and other areas of the
community that some staff input and so forth should be given
and that should be reconsidered altoday's meeting. And it
was. And an option was presented of pUlling it back into the
plan so thatlhe city of Coralville could get federal money and
state money and olher grants to complete a conslruction
project with the specific proVisos stated on the record by stalT
and elected officials from Coralville that they did not care if
Iowa City ever connected Camp Cardinal Road to ~'Ielrose. That
they were not viewing this as a way to divert traffic 01T of
some of their streets, such as Hwy. G. But that they just
wanted to be able to get their development done in that area
for Iheir lillle spur parI of Camp Cardinal Road south of llll~'. (1.
With those conditions attached tn il and because Jll.CO&can
take it back ont of the plan at any point just by asking that it
be on the agenda ane! having the vote taken at thai point. And
with Ihe understanding that iltlhilt time we are going to
review Ihe whole arteriill street pliln ilS it alTeets ~1('lrose Ave.,
University Ills., University Hospitals, and tlmll'ntire area of the
city sometime bel\\'l'en no\\' and August I sl. I voted along
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IVith the majority to put in back in the plan so that Coralville
could have their money. NolV of course we find out tonight
from i\lr. Atkins th,\t the Melrose Ave. bridge replacement
project has to wait at least a year or two for some state
mandated studies and so perhaps our arterial street study in
that area won't be done by August. But, in any case, I wanted
to make clear those points that we put on the record today as
that is not a televisedmeeling and is a matter of some interest
for people in that entire quadrant. Including specifically
Melrose Ave and I just wanted to know a least my perspective
on it. Thank you, i\lr. i\'layor.
Kubby/ ! didn't have anything but I think I want to talk about that
last vote just 1'01' a second in that my comments were in no way
meant to be anything persona! about Tom Scott or about George
Starr. And that I feel obligation when t here is a vote where
there aren't many people voting the way I am to explain why.
I just feel this obligation to do that. And so .if you or anyone
has suggest.ions on holV I can de-personalize further or to do
things in a more sensitive way, I really would like to hear that.
Because I don't want to cause anyone personal distress. ! am
not put ling this person down or saying! don't bcJieve he has
valuable service to this community. So! guess! just-and I
understand Randy's point that it is difficult. That it can create
a barrier for people to apply and I am very interested in
opening up government. So those tIVO things could be seen in
conJlict. So, I IVant to be able to do what I feel an obligation to
do but to keep that process open at the same time, So, I just
felt like! wanted to say something else about it.
ivIcD/ Well, I will visit about it. I don't think this is-I agree with
your Kmen, I don't think that this is really the proper forum
and r do think we have to be sensit ive and be careful at times
and I didn't and I doubl if the people involved and knowing
Tom I am sure he didn't take il personally.
Kubby/ I said all of this stuff to-
MclV Bul r think sometimes we just have 10 be a little careful when
we sit up here and we say things that even though we say
them in one sense-we say' now r really don't believe this but.
If you don't really believe ii, why raise the question. I guess,
you knoll', that is my point. I think IVe just have to be a little
sensitive to those kinds of things sometimes ilnd have to be a
little l1Iore careful because otherwise il need nol be mentioned,
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Lar:;on/ I think your concerns were real legitimate except when you
say conflict or interest I think it is better staled as saying I feel
because or his employment he has a connection with a segment
of the business comnllll1ity that leads him to be iden1iried in
people's minds or that maybe leads him to understand their
interests beller. That is a big dirrerent thing from conflict or
interest. And you knoll', you sell more eye glasses when the
city grows, you sell more insurance, more legal work, more
stock hrokering work, mayhe sell more artists products. So YOll
could argue you are pro-grOlvth or ir you are voting in ravor or
viewed as being in ravor or growth that everyhody that sells
l110re products ir the city grOll's has that same kind 01'-
Kubhy/ It is a little more direct lhan that, Randy.
Courtney/ There isn't one developer in town that he hasn't made
very angry at one point in time.
Kubby/ He did say that 10 me and I did think about that,
Courtney/ And has voted against them.
Kubby/ I guess, you know, r do need to be carerul about the words
that I speak and I have heen tlying to think of another way to
say what I wanted to say and maybe didn't come out very well,
I like Randy's way or saying it better because it more reflects
what r believe. Although ir it were a direct vote it may be
considered something a little more strong. And so even though
there is that dirrerence inl11Y mind, thatuncomrorlableness is
still there which was the basis 1'01' me saying there me other
applicants. So I want to draw those other people in based on
that reeling of uncomrortahleness. So that is why I started
there and mayhe I shouldn't have. But I just wanted to talk
ahout that a little. That is it.
Courtney/On a lighter note. Probahly as much as anybody sitting up
here other than hasketball, I follow the local high school
sporting scene and I jusl wanted to separate out one group or
people and one indivklual/clr what I consider to he a great
accomplishment this year. And the first one is the Solon Lady
Spartans with a second place finish in the stnte. And even
though t hey bumped olT City lIigh along t he way, I think it was
a I rue-I have to say a I}avid <1Ild Goliath story. But they are
Johnson County team and probably the last chance the small
schools will have because tllL'Y arc going to be classified next
year and only play against e,lch other. I know they arc
disappointed to take second hut it was a tremendous
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accomplishment for a school with only 170 some students in it.
And secondly, Jell McGinnis's tremendous record in wrestling
at City High. I know WI' is probably not watching this but ir
someone knows him J have to pass along congratulations there,
Four state championships. He is just a tremendous kid. A great
citizen 1'01' the town. His work ethic really says a lot 1'01' parents
and the school that brought him along. I know that Mr. Gable
will continue to work him hard.
l.arson! He probably is watching.
McD! I doubt that.
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Courtney/ City illanager.
Atkins! One item to remind you or is that we did receive a
notification rrom the State DOT that we will have to perform an
environmental assessmen111'ith respect to the Melrose Ave.
Bridge Project. We do not have a cost yet for that study and [
1V0uld hope to have it by lI'eek's end. It will, in fact and at
least based upon information we have gotten fromlDOT, likely
delay the project for at least a year belCJI'e the decision can be
made and more likely than not but probably talking about the
construction season of 1995 at the earliest before we could
actually begin any kind of construction. I knoll' that arfects
your August 1 st date with respect to making a decision and
obviously keeping the neighborhood and all the other rolks
informed. I should know more in the next week or so. [will
inform you by memo and we will try to get the word Olltto
everyone. [don knoll' that you do have thal1en1ative meeting
scheduled with {fniversity I1ts. and you just may want to think
about that. This information may obviously have some
inlluence upon any discussions you may have with those folks.
Larson/What [ am interested in is that it gives us a time frame in
which to do a more comprehensive study of the arterial s1reet
needs in that quadrant or the city. It allows us to inform the
University that this is going to happen. It allows us to step
back and look at the numbers and get 01'1' any time table we
were Oll before.
Nov/I assume you have talked to the University.
Atkins/ I think we called them Friday. [know that we have been
trying to keep them informed a long the way.
Courtney/ University 1I0spitall
Kubby / Can we write them a leller.
Atkins/ I am going to spell this all out so they understand because
t hey have utilit ies to get localed.
Courtney/ Direct contact with Ken DavenpOrl al {lniversity Hospital.
Atkins! I mentioned it to you. We have to.they have to proceed
with their utility construction, They can't open their building.
So they are going to have to make SOllle decisions. [don't
know what the implications or these me just yel.
larson/ [would like us 10 coordillille whellll'r Ihis means thaI we
can do some things with bike paths and things in the street
th;lI ;lI'l' inde,x'ndenl or the bridge issue. And [don't think this
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Illeans you leave Melrose Avenue (he way iI is [or lwo years
necessarily.
Atkins! We'll have to do some repair work just to continue to
keeping it passable.
I\ubby / This is just IVhat ] was talking about when I lVas asking
about telling people in writing in terms o[ the University
Heights city coullcil, because there was a civic request from
them, a forlllal request. To have a meeting with them, that if
you're going to postpone the meeting until after the assessment
that lVe'd let them know that in writing, and see ii' they have a
response to that. So that ii's clear.
Courtney/ There was a meeting scheduled that got-postponed, so.
Steve.
Atkins! He was coming in to see me and we lVere going to talk about
that.
Larson/ That would be illY thinking, that lVe should ask them about
holV they feel about doing it arter that.
I\ubby / Let evelybody read it and then we can get togel her and send
ilto thel11 on paper.
Atkins! ! will take care of that.
IvIeD! J lVill agree lVith that. I lViII vote for you-
Courtney / You belleI' be careful or we are going to stage a write in
for you this fall. Just to get even Ibr all of these comments, J
think I could orchestrate it.
Anything else, Steve.
Atkins! That's it.
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Courtney/ Ms. Gentry.
Gentry/ I have tIVO important items. We have tIVO neIV ex-officio
members or m)' orfice nolV. !\altliAnna ~IcCristy IVas horne to
Mary and Don McCristy March ~th and Christopher Charles
Borman IVas born to Marsha and John Borman on March 12th
and everyone is doing fine. That is all.
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Agenda
Iowa City City Council
March 16, 1993
Page 11 '
ITEM NO, 17 - CONSIDER AN ORDINANCE ADOPTING THE 1991 EDITION OF THE UNIFORM
q3 ~ -35104 PLUMBING CODE AS AMENDED. SAID CODE SHALL BE KNOWN AS THE IOWA
CITY PLUMBING CODE. (Passed end Adopled)
,(Oh1G :~
ITEM NO. 18 - CONSIDER AN ORDINANCE AMENDING CHAPTER 23, ENTITLE 'MOTOR
VEHICLES AND TRAFFIC' OF THE CODE OF ORDINANCES OF THE CITY OF
IOWA CITY, IOWA, TO REVISE AND CLARIFY THE DEFINITION OF COMMERCIAL
VEHICLE. (SECOND CONSIDERATION)
Comment: The Board of Examiners of Plumbers has reviewed the 1991 Uniform
Plumbing Code and has suggested several amendments to accommodate local
conditions and practices, The 1991 Uniform Plumbing Code is to replace the
. 1988 Uniform Plumbing Code.
Action: 'n\.. ~ &/ 11 "'" ~ 1. \
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Comment: The City Traffic Engineer and the Supervisor of Parking, upon review
of the present use of areas In the Central Business District identified as
Commercial Loading Zones, recommended the definition of 'commercial vehicle'
be amended to clarify the type of signage required of commercial vehicles and the
appropriate usage of the zones, The zones continue to be used by non. commercial
vehicles for short-term parking. This contributes to the congestion of the District,
when bona fide commercial vehicles double-park to make deliveries because all
loading zones are filled. After an appropriate period of time, parking enforcement
officers will ticket any vehicle parked in a commercial loading zone which does
not fully meet the definition of a 'commercial vehicle.'
Action: IY0 &/ of'CLlA.o->U
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9.. K1R. e. iJ if.
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A'l"-6 '/ II-c ~
ITEM NO, 19 - ADJOURNMENT,
~{.QI<<~
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City of Iowa City
MEMORANDUM
DATE: March 12, 1993
TD: City Council
FROM: City Manager
RE: Work Session Agendas and Meeting Schedule
March 15, 1993
NO CITY COUNCIL WORK SESSION
MEETING CANCELLED
Monday
March 16, 1993 Tuesday
6:30 - 7:30 P.M. City Council Work Session - Council Chambers
6:30 P.M. - Planning and Zoning Matters
6:50 P.M. - Council agenda, Council time, Council committee reports
7:05 P.M. - Consider appointments to the Design Review Committee,
Planning and Zoning Commission, Housing Commission
and Mayor's Youth Employment Program
7:30 P.M. . Regular Council Meeting - Council Chambers
March 29, 1993 Monday
I 6:30 - 8:30 P.M. City Council Work Session - Council Chambers
Agenda pending
March 30, 1993 Tuesday
7:30 P.M. Regular Council Meeting - Council Chambers "
PENDING LIST
Appointments to the Historic Preservation Commission and Mayor's Youth
Employment Board. April 13, 1993
Appointments to the Riverfront and Natural Areas Commission and Broadband
Telecommunications Commission. April 27, 1993