HomeMy WebLinkAbout1993-05-11 Agenda
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IOWA CITY CITY COUNCIL
AGENDA
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REGULAR COUNCIL MEETING OF MAY 11, 1993
7:30 P.M.
COUNCIL CHAMBERS, CIVIC CENTER
410 EAST WASHINGTON
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AGENDA
IOWA CITY CITY COUNCIL
REGULAR COUNCIL MEETING - MAY 11, 1993
7:30 P.M.
COUNCIL CHAMBERS
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ITEM NO.1. CALL TO ORDER.
ROLL CALL..
ITEM NO.2- MAYOR'S PROCLAMATIONS.
a. Senior Center Year. 1993. /ka4Lfa",t a<!e.r'f
b. Public Works Week. May 16-22. 1993.
ITEM NO.3. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR
AMENDED.
a. Consider approval of Official Council Actions of the special Council meetings
of April 20 and April 26. of the regular meeting of April 27. and the special
Council meeting of May 3. 1993. as published. subject to corrections. a~
recommended by the City Clerk.
b. Minutes of Boards and Commissions.
(1) Senior Center Commission meeting of March 15. 1993.
(2) Human Rights Commission meeting of April 26. 1993.
(3) Board of Library Trustees meeting of April 29. 1993.
(4) Design Review Committee meeting of March 15. 1993.
(5) Housing Commission meeting of March 9. 1993.
(6) Housing Commission meeting of March 12. 1993.
c. Permit Motions as Recommended by the City Clerk.
(1) Consider a motion approving a Class 'C' Liquor License for Charlie's
East, Ltd. dba Carol J's, 157B 1 st Avenue. (Renewal)
(2) Consider a motion approving a Class 'C' Liquor License for Pershell
Corporation dba Colonial Bowling Lanes. 2253 Old Hwy 218 South.
(Renewal)
(3) Consider a motion apprOVing a Class 'C' Liquor License for J.S.
Mummey. Inc.. dba Mumm's Saloon & Eatery. 21 W. Benton St.
(Renewal)
(4) Consider a motion approving a Class 'C' Liquor License for Fitzpatrick's
Alehouse. Inc., dba Fitzpatrick's, 525 S. Gilbert St. (Renewal)
(5) Consider a motion approving a Class 'E' Beer Permit for Waigreen Co.
dba Walgreen, 1646 Sycamore. (Renewal)
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#2a page 1
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Courtney/Mayor's Proclamations....Senior Center Year -1993.
Have someone here to accept tins proclamation.
Geaseland/ On behalf of the Selnor Center and 111e Senior Center
Commission we thank you for this proclamation. As has been
our tradition, May is the month to celebrate Older American's
!vlonth and we always designate one day in May to have Older
American's Day which is May 19111 this year. To kick off all of
111e events for Older American's Month we started out by
distributing posters on buses and in a variety of public places
to draw attention to 111is event in conjunction with celebrating
50 years of Senior Centers which started in New York. vVe
im1te the public at large in Iowa City and in surrounding
communities in Johnson County to attend any of these events.
We posted in our Post Newsletter the events for May 19th
beginning at 8 AM and going on to 111e end of the day. And
hopefully the mayor will join us that afternoon for a special
program. Today was basically the beginning of tat celebration
with the convening of all senior center directors within the
State of Iowa. Meeting with the governor to accept his
proclamation. And today we are kicking 111is off also within
our local community. We have been with ow' county board of
supervisors and with you, the city council, in inviting 111e
general public to these events. Also we invite you to a special
event that we are conducting this year. On May 19th, 10 AM,
we will be burying a time capsule and we invite any of you if
you would happen to have an item that Is slgnifiGUlt and
represents the city and the senior center in any way that you
might tlnnk would be significant to contribute to 111is. And in
the 25th year of our senior center opening we will open this
time capsule. So we encow'age you to attend and we welcome
your input and the comnnmity hopefully will also come out for
some of these activities. Thank you.
Courtney/Thank you.
Geasland/ We also have a special gift for you. We have
representatives from the Council of mders. Some of the other
special events that we are having and I invited the county
boru'd of supervisors today. They might want to see who could
end up getting to the senior center on the 19th as being one of
the 50 people coming In the doors and registering. Every 50th
person is getting a special gift.
Kubby / Can you go in and out and in and out.
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Geaslandl You might want to linger outside and anticipate and see
who could come closest.
Novl Can you stand on the fTont step and count.
Horowl If you are in your sa's do you get an extra prize.
Geaslandl Yes, I believe so. As you will notice that we are wearing
our nice little buttons that represents SO years of senior
centers and staff has been wearing tIns to draw attention to the
event. We do encourage you to come.
One last note. TIns is for Karen's benefit We e;-:pect all of you
to act responsibly in properly disposing of the balloons.
Kubby I I really appreciate that comment. Thank you. Ivlake sure
they get into the landfill and not the water ways.
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Agenda
Iowa City City Council
May 11. 1993
Page 2
(6) Consider a motion approving a Class 'E' Beer Permit for John's Grocery,
Inc., dba John's Grocery, Inc., 401 E, Market. (Renewal)
(7) Consider a motion approving a Class 'E' Beer Permit for Krause Gentle
Corp., dba Kum & Go #422, 513 S. Riverside Dr. (Renewal)
(8) Consider a motion approving a Class 'B' Beer Permit for Chill & Grill,
Inc.. dba Chill & Grill, 206 N. Linn St. (Renewal)
(9) Consider a motion approving a refund for an unused portion of a Special
Class 'C' Liquor License for Roy L. Van Blarlcome dba Roy's, 1540 S.
1 st Avenue.
d. Setting Public Hearings.
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(1) CONSIDER A RESOLUTION SETTING A PUBLIC HEARING ON MAY 21,
1993. AMENDING THE FY93 OPERATING BUDGET.
Comment: State legislation mandates municipalities amend their annual
budget by May 31. This resolution sets the public hearing for amend.
ments on Friday, May 21, 1993. at 8:00 AM. Detailed Information on
amendments will be available for public inspection on May 11. 1993.
e. Motions.
(1) CONSIDER A MOTION TO APPROVE DISBURSEMENTS IN THE
AMOUNT OF $7.034,478.40 FOR THE PERIOD OF MARCH 1 THROUGH
MARCH 31. 1993, AS RECOMMENDED BY THE FINANCE DIRECTOR
SUBJECT TO AUDIT.
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f. Resolutions.
93-9~
(1) CONSIDER A RESOLUTION AUTHORIZING THE EXECUTION OF
CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT KC.9033E.
PROJECT NO. IA05.E022.903.
Comment: The Consolidated Annual Contributions Contract KC9033E
covers the '502 units of Section B Existing Housing Certificates, HUD
has offered a Cost Amendment Increase of $300.000.00 Contract
Authority for two years with a maximum Budget Authority of
$600.000.00. The amendment provides additional contract and budget
authority to cover Increased Program expenditures to maintain the
Program at the number of units originally approved by HUD. This
amendment does not represent any new Certificates for the Program.
The maximum annual Contribution amount will be $2,384,410.00.
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Agenda
Iowa City City Council
May 11, 1993
Page 3
'13. q z
(2) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND
THE CITY CLERK TO ArrEST THE RELEASE OF A LIEN REGARDING A
PROMISSORY NOTE FOR PROPERTY LOCATED AT 913 N. GILBERT
STREET, IOWA CITY, IOWA.
Comment: The owners of the property located at 913 N. Gilbert Street
received a one and a half year low-Interest loan for $500 through the
City's rehabilitation program on October 1, 1991. The loan was paid In
, fuli on March 22, 1993, and should be released.
Q3.91
(3) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND
THE CITY CLERK TO ArrEST THE RELEASE OF A PROMISSORY NOTE
AND MORTGAGE FOR PROPERTY LOCATED AT 125 SHRADER ROAD,
IOWA CITY, IOWA.
Comment: The owners of the property located at 125 Shrader Road,
Iowa City, Iowa, received a five year low. interest loan for $3,341.00
through the City's rehabilitation program on September 6. 1991. The
loan was paid In full on May 7, 1992. and should be released.
g. Correspondence.
(1) Letter from Judy Hartig regarding parking regulations In Capitol Street
ramp.
(2) Letter from Linda Murray regarding allocation of COBG funds.
(31 Letter from League of Women Voters regarding their State Convention
which was held in the Council Chambers.
(4) Letter from Mary Lewis, Grant Wood Neighborhood Association
regarding pedestrian crossing of Highway 6.
(5) Memorandum from the Traffic Engineer regarding parking prohibition on
Stevens Drive west of Gilbert S~reet.
h. Applications for use of streets and public grounds.
(1) Application from Opal Kennard for permission to offer poppies for
donations on Iowa City sidewalks on May 21 and 22, 1993. (approved)
(2) Application from Carousel Motors for permission to park vehicles on the
frontage road adjacent to their place of business during the period of
May 13 through 28, 1993. (approved)
(3) Application from Del Holland for permission to use the park area on the
northwest corner of College Green Park to offer refreshments to
participants of the Anything But Drive Day on May 6, 1993. (approved)
(4) Application from James Steffen to have the Special Olympics Law
Enforcement Torch Run on May 22. 1993. (approved)
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Agenda
Iowa City City Council
May 11. 1993
Page 4
(5) Application from Cystic Fibrosis Foundation to have the Great Strides
Walk on May 16. 1993. (approved)
(6) Application from the Iowa City Police Department In behalf of the
Optimists Club of Iowa City to close Washington Street between Gilbert
and Van Buren for a Bike Safety Program on May 16. 1993. (approved)
i. Applications for City Plaza Use Permits
(1) Application from Catherine Rymph. Committee to Organize Graduate
Students, for permission to set up a table to collect signatures on a
petition on May 7. 1993. (approved)
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END OF CONSENT CALENDAR
ITEM NO.4- PLANNING AND ZONING MATTERS.
a. Public hearing on an ordinance amending the Zoning Ordinance by conditional-
ly changing the use regulations from RS-5. Low Density Single-Family
Residential. to OPDH.5, Planned Development Housing Overlay, and approving
an OPDH plan for an approximate 55.14 acre tract of land located west of
Scott Boulevard and north of the Iowa Interstate Railway. (REZ92-0017)
Comment: At its April 15, 1993, meeting, by a vote of 6.0, the Planning and
Zoning Commission' recommended approval of the requested rezoning and
OPDH pian for Village Green South. Parts Three.Eight, subject to certain
conditions. Although the recommendation Is inconsistent with the staff
recommendation on this item, the conditions specified by the Commission
have generally addressed staff concerns about the density, design, open
space, and environmental considerations of the proposed OPDH plan. In a
memorandum dated April 26. 1993. the Fire Marshai expresses his concern
regarding additional development In the area due to the temporarily limited
number of access points.
Action:
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#3 Consent Calendar page 1
Courtney IConsider adoption of the consent calendar as presented.
Moved and seconded (Ambr/Horow). Discussion.
Horowl Your Honor, I would like to comment on one of the
correspondence. We had some correspondence from Linda
MWTay (3g (2)). Would you pennit me to do 1111s. Council as
weU as the Press Citizen received a letter from one of the
members on the Committee on Community Needs and either
you have read it in the Press Citizen or I wiJI teU you that it
was protesting essentially the way council took one of the
recommendations from the CCN and changed that. Ms. Mlmay
concludes, "I find aU of I1le items distmbing but what was most
upsetting to me was the loss of trust. I want so much to be
able to trust the people who are elected to represent me,
particularly on a local level and it is very disillusioning when I
can't find 111at." I regret that Ms. )vlurray felt this lack of trust
to people who are elected to represent her. The CCN, like all of
our boards and commissions, are advisOl)' groups. And I guess
I see this as aU elected-or all the citizens in Iowa City trust me
andl11e rest of the council members to take the
recommendations from these ad\1sory bodies and using my
common sense and conscience vote as I see appropriate. I trust
Ms. Murray to continue to work on the CCN but also in tIle
spirit of compromise and reconciliation. I hope that we can go
on from this and that the city wiJI benefit from her input as
well as mine.
Kubbyl Have you talked with Linda.
Horowl I haven't _____this letter, as a matter of fact. I just had it
through my packet.
Kubby/l just hope that since you responded in public that you also
talk to her.
Horowl No. I was sLU-prised.
Novl Well, quite a few people on this committee did call me because
I was the one who protested it in public on the one issue 11mt
we ended up changing. And we ended up approVing 18 out of
] 9 recommendations. We changed one recommendation and
then received a rather angry letter and I have to say that we
are certainly obligated to trust the committees and
commissions that we appoint. We're obllgated to take their
J'l'Commendations seriously and then to vote as our conscience
dictates.
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Kubby/ I think my reading of the letter is different and t11at the
issue of trust was not about taking recommendations but that
from the letter-my understanding of the letter is that she felt
like a decision was made on !vlonday night about what was
going to happen and that what was deCided got changed in that
24 hour period. That is the issue of trust. Not that council
didn't take 100% of CCN recommendations.
Courtney/ No. I read the letter the same way, Karen. Although I
think that-
Kubby/ You may disagree with that-our ability to do that but that
was the point that I got instead.
Courtney/ I read it the same way. The change from one meeting to
the ne.;>;t. Although I would point out that at the informal
meeting It was qiscussed at length and there was some
indecision on several people's pmt including my own and we
finally came down to what I thought was a pretty thin
agreement. It wasn't unanimous in evelybody's mind that
they thought it was the right way to go and we never done
until the actual vote is taken and I think they need to recognize
that t11at sometimes happens.
tmv/ ~cisions are never really final on a Monday.
Courtney/It is not over until it is over.
Horaw/ Okay. Thank you.
Courtney/Any ot11er discussion.
Roll call- (yeses)
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#4a page 1
COUl1ney 10pen the p.h. on this item. Any discussion 0 this item.
Kubbyl Before you close the p.h.1 have I guess three things. No, two
things I want to ask council to think about and wouldn't mind a
little discussion tonight so it \~111 help me in the next two weeks
to make a decision on this item. One of them is if we accept
this conditional zoning agreement it will mean that we will
then receive land that we wiII then have to maintain. That is
storm water detention land. And that I am concerned about
this. I want the open space there. I want it to have public
access so that these green belt ways can be produced
throughout the city but I have concerns about allover tile city
that our storm water management current ordinance is written
such that tile home owners have to take some responsibility for
the storm water run off that they create for the impermeable
surface of the subdivision. In this case ,md in otiler cases we
will start taking that maintenance responsibility on. I don't
know what the answer is. I just want to throw that out Is this
the policy that we want to go with and possible continue as we
do more greenbelts in new subdivisions which [support. So it
pits a couple things against each other. And tile other thing is
about the concern from the fire marshal. I didn't hear anybody
say anything during the informal. I just wanted to hear some
discussion that may be helpful to me in deciding is it okay not
to have that second access for emergency purposes.
Horow/When I don't discuss something it is because I agree with the
staff's recommendallon and in this case I agree with the Fire
Marshall.
Kubbyl So that means that you wouldn't-so, would you want to
change what is happening here. He is saying he doesn't like
what is being recommended.
Horowl That is why I want to listen to the p.h.
Kubbyl But there is no one speaking at the p.h.
Horow/ We will be getting more input.
Kubby/Okay. So-actually [would like you to talk to me sometime
about your feelings about this.
Horawl Okay.
Kubbyl Thanks.
Courtneyl Any discussion from the public onll1is item.
Close the p.h.
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Agenda
Iowa City City Council
May 11,1993
Page 5
b. Public hearing on an ordinance amending the Zoning Ordinance by changing
the use regulations of a certain 15.1 acre tract. known as Pepperwood XII,
and located east of South Gilbert Street and west of Sandusky Drive on
Cherry Avenue extended from ID-RM. Interim Development Multi-Family
Residential to RM-12, Low Density Multi.Family Residential, for 6.8 acres, and
to RS-5. Low Density Single-Family Residential, for 8.3 acres. (REZ92-0012)
Comment: At its December 3. 1992, meeting, the Planning and Zoning
Commission, on a vote of 6.0, recommended denial of the application
submitted by Southgate Development Co. to rezone the approximately 15.1
acre tract from ID.RM to RM.12 and RS-5. The Commission's recommenda.
tlon Is based on the lack of sanitary sewer service to the area, and Is
consistent with the staff recommendation Included In the report dated
September 17,1992. and the memorandum dated December 3, 1992. The
applicant has requested that this Item be forwarded for Council consideration.
This item has been continued from the Council's January 5. 1993. meeting,
to enable consideration of this proposal In the context of Council discussions
of the Capital Improvements Program.
Action:
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I.
c. Consider an ordinance amending the Zoning Ordinance by changing the use
regulations of a certain 15.1 acre tract, known as Pepperwood XII, and
located east of South Gilbert Street and west of Sandusky Drive on Cherry
Avenue extended from ID.RM. Interim Development Multi-Family Residential
to RM-12, Low Density Muitl.Family Residential, for 6.8 acres, and to RS-5,
Low Density Single. Family Residential, for 8.3 acres. (REZ92-0012) (First
Consideration)
Comment: See item b, above.
Action: .In c~J /b,tJ
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d. Consider a resolution rescinding Resolution No. 86.101 to allow the City to
make public Improvements to Rohret Road west of Freeway 218 before 1998.
Comment: With the anticipated development of an elementary school within
the corporate limits Immediately north of Rohret Road in conjunction with
continued residential development In the southwest area of the City, public
Improvements to Rohret Road may be warranted prior to 1998. as anticipated
In April, 1986.
Action: /Jdw J 1h1!~6
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114b page 1
Courtney I Open the p.h. on this item.
Mace Braverman! From Southgate Development Company. What I
wOl~d like the council to do is to refer it back to P/Z to talk to
the issues of the melits of the layout and the zoning. I am not
asking that we give permission to proceed with development at
this point knowing that tl1ere is a moratorium. But I would like
to get the recommendations and the staff input as to the layout
and how it may be changed with the idea of approval at some
time to come with the caveat tat it cannot proceed until there is
proper sewer. It is my understanding and correct me if I am
wrong that P1Z made no comment other than it is being denied
because of the sewer problem. I would like it to be approved
or disapproved based upon the merits of the layout 1'.'1111, the
caveat that it wouldn't continue until proper sewer was
available. Thank you.
Courtney I Any other discussion on this item. And linda, you
thought we should go ahead and close this even though we
might refer it back.
GentlY I If yotl are going to send it back I would close it.
Courtney I Close the p.h.
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#4d page 1
Courtney/ Moved by Horow, seconded Ambr to approve this
resolution. Discussion.
Ambr/ That wm probably tick off those councilors that were In there
in '86.
Nov/ Were you there.
Ambr/ Oh, yes I was.
Horow/ P/Z made the reconmlendation to councH at that point and I
was there.
Courtney/It was a 6-1 vote. I was the one. It doesn't happen vel}'
often.
Kubby / That is why you can remember that.
Courtney/ I remember those. There hasn't been Vel}' many of tbem.
Any other discussion.
Roll call-
The resolution is adopted.
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Agenda
Iowa City City Council
May 11. 1993
Page 6
I
_'1l_:_LQ.J
e. Public hearing on an ordinance amending the Zoning Ordinance by conditional-
ly changing the use regulations of a 71.05 acre tract, generally located north
of Rohret Road. between Hunters Run and Southwest Estates subdivisions,
from ID.RS, Interim Development Single. Family Residential to RS-5, Low
Density Slngle.Famlly Residential. (REZ92.0016)
Comment: At its February 18. 1993, meeting by a vote of 4.0, the Planning
and Zoning Commission recommended approval of this rezoning subject to the
developer paying all costs. including out.of-sequence costs, and the pro rata
share of the cost of upgrading the westside trunk sewer. In addition, no
building permits are to be issued until this sewer is uP9raded. Staff had
recommended that the requested rezoning be denied due to the lack of
sanitary sewer capacity and the need to upgrade Rohret Road. The staff
recommendation Is included In the staff report dated January 21, 1993. This
item has been continued from the Council's February 23. 1993, meeting to
enable consideration of this proposal In the context of Council deliberations
on the City's Capital Improvements Program.
Action: t(n InLV ~~'UIAI~
f. Consider an ordinance amending the Zoning Ordinance by conditionally
changing 'the use regulations of a 71.05 acre tract, generally located north of
Rohret Road. between Hunters Run and Southwest Estates subdivisions, from
ID.RS. Interim Development Single-Family Residential to RS-5. Low Density
Single. Family Residential. (REZ92.0016) (First Consideration)
Comment: See item e. above.
Action: 11-w/ /(11'.), I~ C-I! If
1e ~/ r1liAJU /.ku, (; It
g. Public hearing on a resolution approving the voluntary annexation of an
approximate 6.92 acre tract of land located south of Scott Park and north of
Falrview Golf Course. (ANN93.0002)
Comment: At its April 1, 1993. meeting, the Piannlng and Zoning Commis-
sion. by a vote of 6.0, recommended approval of the Mitchell'Phlpps
voluntary annexation request. This recommendation is consistent with the
staff recommendation Included In a report dated March 18, 1993. This
hearing has been continued from the Council's April 27, 1993. meeting, The
ownership question concerning this application has been resolved.
Action: "\\" Iht~). (l Ho"~,,,(I-
h. Consider a resolution approving the voluntary annexation of an approximate
6.92 acre tract of land located south of Scott Park and north of Fairvlew Golf
Course. IANN93.0002)
Comment: See Item g. above. In a letter dated April 29. 1993, the applicant
requests expedited consideration of this resolution.
))11'...1, / ;.h"-O
I
Action:
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114f page 1
I
Courtney/ Moved by Horow, seconded by Ambr. Discussion.
Kubby/ I have a few comments about this development and some of
them are more generalized and not about the specific
development but I just came upon this thought this weekend
when I was reading my packet and reviewing the discussion
the J.e. Brd. of Supervisors had with 1l1e city council about the
fringe area agreement where staff was going on kind of the old
compo plan where we were going to be going east ,md south
and the decisions that we have been tentatively making with
the CIP prioritization process was for us to start going west
Not necesscu'i1y in exclusion of the other things but a lot of the
expensive major capital inlprovements are going to the west
side and so-and part of 1l1at, in some ways I feel, has been
spurred by a school board decision and so that makes me want
10 make sure that we break down jurisdictional lines when big
decisions like a school placement come about that I take some
more responsibility as a council member to ask questions. To
talk about how it affects how the city grows and where the city
grows. I usually have a panel'll of voting against things in this
area of the city. But because the school bOffi'd decision is there
and because of all of the conditions on this development that
only 52 lots will be developed until the road is improved and
there are developments on bolll sides of this development I
felt comfortable with voting for tJlis. But it seems like kind of
in a celtain way changing horses in the middle of the stream.
Working on a new comp.plan. Working from the old one right
now. There are a couple of different messages going out there.
It will be interesting to see what the rest of what we do with
our CIP projects are to see if we are indeed going to start going
west. But it concerns me because the school is going to have a
capacity of 460 children and with the other development we
may be approving tonight the school Is going to be fIlled before
it is opened almost So I think we are going to run into this
situation quite soon in tJle nem' future.
Horow/ I guess I really don't have thatmllch of a problem with tJlis.
I had the privilege of being in on the draft that the consultants
worked on with the demographics of this area and what the
school board was going to have to do. It has been worked on
now for at least three or four years. And 1 think that as ollr
clly grows we have to be-I have to certainly be ready to be
adaptable no mailer what the point of compass is. And in tJlis
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#4f page 2
particular area there was land that I am not worried about. It
is wet. For me, right now that really distresses me. In tbis
case I have no problems with the development on t11e west
side.
Courtney/Any other discussion.
Roll call-
Ordinance passes first consideration.
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#4h page 1
Courtney I Moved by Ambr, seconded by Horow. Discussion.
Kubby/ I will be voUng no because I don't feel like we should mille"
any more land into the city at this point until we make sure
everyone who is living in the elty, as the city develops at the
pace it is, that we can provide-maintain the level of services
that we currently have. Even though tills is going to be interim
development I will be voting no.
Courtney I Any olher discussion.
Holl calI-
The resolution is adopted, Kubby voting no.
I
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Agenda
Iowa City City Council
May 11.1993
Page 7
i. Public hearing on an ordinance amending the Zoning Ordinance by conditional.
Iy changing the use regulations of an approximate 6.92 acre tract located
south of Scott Park and north of Fairview Golf Course from County RS,
Suburban Residential, to ID.RS, Interim Development Single. Family Residen.
tial. (REZ93.0004)
Comment: At its April 1, 1993, meeting. the Planning and Zoning Commis-
sion. by a vote of 6.0, recommended that the request property be rezoned
from County RS to ID.RS. subject to 1) the clear understanding that all of the
costs associated with providing infrastructure for the development of the
subject tract will be paid for by the'developer. and 2) City Development Board
approval of the requested 6.92 acre annexation. This recommendation Is
consistent with the staff recommendation Included in a report dated March
18, 1993, This hearing has been continued from the Council's April 27,
1993. meeting. The ownership question regarding this application has been
resolved.
Action:
1/n 01\.tJ G.#OA 1 P hi ~
j. Consider an ordinance amending the Zoning Ordinance by conditionaily
changing the use regulations of an approximate 6.92 acre tract located south
of Scott Park and north of Fairview Golf Course from County RS, Suburban
Residential. to IO.RS, Interim Oevelopment Single.Family Residential, (REZ93.
0004) (First Consideration)
Comment: See Item i, above. In a letter dated April 29, 1993, the applicant
requests expedited consideration of this ordinance.
ArM,/ 'fr\ en I~' c, v {p
Action:
Th.'&
%
k. Public hearing on an ordinance amending the Zoning Ordinance by adopting
Section 36.82(d) to permit. on a case.by.case basis, construction of a single-
family dwelling on a lot of record which falls to meet the requirements of the
zone for lot area.
Comment: At its April 15. 1993. meeting, by a vote of 6.0, the Planning and
Zoning Commission recommended approvai of a proposal to amend the
ordinance by adding subsection (d) to Section 36.82. Nonconforming Lots.
This ordinance would allow, In cases where a lot of record Is contiguous to
and considered part of another property because It Is in single ownership, the
Board of Adjustment to grant a special exception to permit a single.family
dweillng and accessory buildings to be erected on the lot of record In spite of
its failure to meet the requirements of the zone for lot area. The granting of
the specific requested exception, however. must result In appropriate.
compatible development with surrounding residential development and must
meet all other requirements of this Chapter. Including setback and frontage
requirements. This recommendation Is consistent with the staff recommenda.
tion included in a memorandum dated April 15, 1993.
Action:
..J.Pt7, ~llJ.n)
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#4k page 1
Comtney / Open the p.h. Any comments on this item.
Ambr/ I would like to just say, tlofr. Mayor, that I want to commend
staff and our commission members for using so much common
sense and high degree of compassion I think because It shows
that the community is willing to, as it says, look on things on a
case by case basis instead of just having a straight jacket on
evel}'thing that we do because we don't live in a utopian world
here. We just have to work w11h what we have and I really
want to applaud the staff with coming up with this
recommendation. It is a terrific idea.
Kubby/ I agree strongly will1 Bill and especially since it is going
through special e.'\cepl1on. That it will involve neighborhood
input and the Brd. of Adjustment will look at the compatibility
of the new structure in the neighborhood. I agree fully with
Bill.
Nov/ We all agree.
Courtney/ Any other discussion on this item.
Close the p.h.
I
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Agenda
Iowa City City Council
May 11. 1993
Page 8
I. Consider an ordinance amending the Zoning Ordinance by adopting Section
36.82(d) to permit, on a case-by-case basis, construction of a single-family
dwelling on a lot of record which falls to meet the requirements of the zone
for lot area. (First Consideration'
Comment: See item k. above. Given the Council's abbreviated May meeting
schedule, staff is requesting expedited consideration of this ordinance.
Action: 1J(rU)/-'flw I~ c,IJ 1.iJ
( ~ J.. v T ~/
jp" 1ft/a) ~HJ / t1
m. Consider an ordinance amending the Zoning Ordinance by changing the use
regulations of an approximate 13.98 acre tract of land located southwest of
Teg Drive and east of the western section of Aber Avenue from RS.5. Low
Density Single-Family Residential to P, Public (REZ93.0005). (First Consider-
ation)
Comment: At its Aprii 1. 1993, meeting. t~e Planning and Zoning Commis-
sion, by a vote of 6.0. recommended approval of the rezoning of this property
from RS.5 to P. The Commission's recommendation Is consistent with the
staff recommendation included in a report dated April 1 , 1993. No comments
were received by the Council at the April 27, 1993. public hearing on this
item.
Action: J#w / )1 ~'tt~d!- )
I \
IS/'e'//It
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JUS!1L
n. Consider an ordinance amending the Zoning Ordinance by conditionally
changing the use regulations of an approximate 5.59 acre tract located north
of American Legion Road at the north terminus of Owl Song Lane SE, from
County RS, Suburban Residential. to RS-5. Low Density Single. Family
Residential. (REZ93.0003) (Second Consideration)
I
Comment: At Its March 18, 1993, meeting, the Planning and Zoning
Commission, by a vote of 6.0, recommended approval of the requested
rezoning of the Windsor Ridge 5.59 acre 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 will be paid by the
developer. and subject to 1) City Oeveiopment Board approval of the
annexation of the original 240 acre Windsor Ridge tract, 2) City Development
Board approval of the requested 5.59 acre annexation, and 3) the developer
dedicating .127 acre of open space in addition to and incorporated as part of
the 6,9 acres of open space required of the original 240 acre Windsor Ridge
tract; the location of the open space shall be negotiated with the City of Iowa
City. This recommendation is consistent with the staff recommendation
included in a report dated March 4, 1993. No comments were received by
the Council at the April 13, 1993, public hearing on this Item. In a letter
dated April 28, 1993, the applicant re9H:sts expedited consideration of this
ordinance. k", .efUtv
Action: Jh.:D J ,4,,(.6' ..bltd ~ 10 IhMII~ 1,.c/~"I' ri
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#41 page 1
COUl1ney/Moved by Horow, seconded by Nov. Discussion.
Ambr/We have had a request to collapse. I think we could do that
with the second and third, couldn't we instead of- We seldom
do it at the first.
Courtney I Any other discussion.
Roll call-
Ordinance passes first consideration.
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#4n page 1
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Courtney /
McD/ Any consideration to waive second reading and approve it.
Kubby / llies it make it more feasible for them to go to the City
Development Board by collapsing this. So they can take them
together. The Windsor Ridge and this.
Gentry/ I don't know when the next meeting is.
Moen/ That is exactly the motivation. We are going to tlle City
Development Board to answer some questions they have
regarding the larger mmexation proposal and it would be nice
to piggy back this on that. So that is the Illotive behind that
request.
Kubby/ I usually don't lie to but for that reason it make sense.
Courtney/And besides I don't want to have to read that long
paragraph again.
Courtney/Moved by McD, seconded by Ambr to collapse second and
third readings. Discussion.
Holl call-
Motion passes
Moved by McD, second by Ambr to give final consideration.
Discussion.
Roll call-
Ordinance passes final consideration.
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#40 page 1
I
Courtney! Moved by Ambr, seconded by Nov. Discussion.
Kubby!1 have a time frame question. It is a hypothetical. But we
have already kind of done the base work for the hypothetical.
Lets say that we decided to do Rohret Road as soon as we can.
And lets say we decided to do the west side pump sewer as
soon as we can. Which one would get done first.
Atkins! I would suspect the sewer would be done first. Mostly
because it is a prelly simple straight forward project. The
Rohret Road you made an earlier decision to sue some federal
money. Remember for the sidewalks for the overpass. And by
the time you get that designed, nothing construction this year.
Possibly next.
Kubby! The sew~r could happen this construction year.
Atkins! It would be a real reach. I would have to check with Rick.
It is not-that is the kind of project that you can build late into
the construction season because you don't have to go through
all the concrete curing and all that business. It is a basic pipe.
Kubby! I guess my concern is pUlling more-this this happens sooner
than when the road is competed and puttlng more and more
people on this road before it is done.
Nov!1 am also concerned about giving us a reasonable bidding time
on these kinds of projects. If we are in a huny we are less
likely to get a good price.
Atkins! I don't think there is any doubt about that. If we l1y to bid
them in the winter time and the spring and the contractors like
that. That is when you get your most competitive bids because
they are anticipating their work for the next construction
season. That is the most desimble circumstances.
Kubby / For me this is different them the Hilgenberg Kennedy tract
because there we are getting some amenities for the school that
will blend into the road now. And so even though it is close in
proximity it is different. I think I have a lillle bit of problem
with this. I checked on this because I didn't remember voting
on the preliminary plat. I was gone at 11mt meeting.
Courtney! Are there any easement fights or anything that could
come up on this. On the sewer project. We have to cross any
that would-
Atkins! To my knowledge there aren't any that starf has brought to
my allention. That doesn'lmean that we won't have obviously
negotiations with the property owners. Particularly tempormy
construction easements. Someplace to stack the dirt while you
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#40 page 2
are digging the hole. But 10 my knowledge, lrJrrel, 1 don't
know of any. At least 1 have not been informed of any.
Ambr/ 1 think by going ahead and making this definitive statements
here at this table allows other major development that has to
occur with other utilities. IIGE will be happy to know so they
can plan. And I think whoever it is, U.S.West or AT!' also has
to react to things like this. So it all meshes together. So I think
this is appropriate.
Courtney/ I don't know if It necessarily means that there will be 14
additional houses out there by the time the sewer and the road
are done. They mayor may not have sold and gotten
completely built by then. Southwest Estates has been in the
works for many years. It took a long time to flll up. I am not
stu'e that argument holds completely true. That it would put
that much more traffic on the road.
Horow/. Do you think, though, that the construction plans for
development that P.W. really should have looked at-don't you
think that that really should take place before we vote on this.
I mean I see a staff recommendation that is split here.
Moen/ Maybe I can shed some light on that, Susan. It is not that the
constTuction plans haven't been reviewed and approved. That
has occurred. But the P.W. Ocpt. cannot technically, from the
state's perspective, approve those plans without having
adequate sewer in which to direct sewage expected from.lhls
particular development. Your resolution includes that building
permits will not-be issued until such time a contract is
awarded for this project. That frees things up to enable the
P.W. Ocpt. to proceed with approving them with the prospects
that the sewer will be upgraded.
Nov/ You are talking about approving a contract and then a building
permit or cu'e you talking about a finished sewer line and then
a bull ding pennit.
Moen/ No. We are suggesting that as soon as a contract Is awarded
on that sewer line, that building permits could be Issuecl. The
scope or the scale of this particular project is such that those
two can occur side by side. And by the lime the houses neecl to
be connected to the sewer line, that sewer e.xtenslon Is
expected to be made.
Nov/ But we are approving so many building lots today contingent
upon that sewer line. Doesn't it have to be finIshed.
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INo page 3
I
Moen/ The only times that you are approving that are, contingent
upon that sewer line are Southwest Estates Development of 14
lots and then the Hunter's Run Development of 16 lots. The
earlier issue that you looked at, t11e Kennedy Hilgenberg area,
was a rezoning area and not a plat. But as a condition of that
rezoning you limited the number of units that eventually can
get permits. But a plat first has to be approved and that hasn't
been done yet.
Kubby/ But that will be forthcoming.
Nov / Yes. It is going to be here ne;,t Hme for the meeting after and
we have set a precedent of apprO\~ng a building permit based
on the contract for the sewer rather than based on the
completion.
Moen/ That is correct. Because our-the information we have received
form the P.W. Dept. is that those can dovetail velY nicely.
Nov! Including if the Kennedy Hilgenberg is approved.
Moen! Are you talking about the plat or the zoning issue.
Nov/ J am talking about the plat. If we approve this plat and that
plat and that plat and the next plat, can they all be done in
time.
Gentry/ No. There P.W. recommendation was directed to Southwest
Estates and Hunter's Hun and it was P.W. notion was that the
best way to handle 1111s would be to do them in tandem while
we me doing the construction width with the city sewer. That
that would be more efficient for both sides. But 111e Hilgenberg
tract would be something entirely different because we haven't
even seen a plat.
Nov/ But if we saw a plat would it be approved on the same system.
Moen! It is conceivable that it could be, yes.
Courtney! Lets step back a minute here. There is already a sewer
there.
Moen/ yes. But it is at ca]YclCity and can't accommodate more
development.
Courtney/So how much sewer line. How much distance are we
lalking about here.
Moen/ I don't know the exact distance and I don't think that is the
particular issue. The issue Is that we have a sewer line that
now cannot accommodate a single additional house.
CourtneY/And we are going in and oversizing it.
Moen! The prospects arc that the council will approve funds to
upgrade that sewer line. The particular plats before you are
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/140 page 4
I
we are suggesting that they be approved subject to no permits
being issued until the contract is awarded. If it is your
decision: A-not to fund that project, B:ro reject all of the bids
that you receive and not award a contract then no permits can
be issued. But if evelyllling else falls in line and you award a
contract then it is the P. W's recommendation that llle work that
the developers have to do. The work that needs to be done on
llle sewer can all dove tail so that when that house needs to be
connected to the sewer line, the sewer will be in place.
Horow/ The comment though does say until the west side trunk
sewer upgrade is completed.
Moen/ That is correct and when-we deliberated to day about
amending llle resolution before you two suggest that no
permits be issued until that work is completeed. We were
advised by the P.W. Dept. that that was probably too rigorous
requirement. That we do have some flexibility and that they
would feel comfortable to issue permits once an award is made
on the sewer line.
Nov/ But they have signed an agreement that says the word
completed in it.
Moen/ There is no agreement associated with these items. These are
plats and there are no conditional zoning agreements associated
with Southwest Estates or llle Hunter's Run.
Kubby/ These are things we can do without their-
Moen/ These are reasonable conditions for this body to place on
approwls of tl1at plat.
Courtney/ Again, just because the lots are approved doesn't mean
the house is going to be IlI1ed immediately and occupied.
Sometimes it takes a while loget a subdivision to fill up. Others
it doesn't take vel)' lone at all.
Horow/ Not out there it doesn't seem to be.
Kubby / Things will change Willl the prospexts of a school, too. The
rate of development will change.
Courtney/ Any otl1er discussion.
Roll call-
The resolution is approved, Kuhby voting no.
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Agenda
Iowa City City Council
May 11. 1993
Page 9
93. /02.
o. Consider a resolution approving the final plat of Southwest Estates, Part Five,
a 14-lot, 5.3 acre residential subdivision located on Phoenix Drive extended.
(SUB93,0001) (60'day limitation period: May 11. 1993.)
Comment: At its March 18, 1993, meeting, the Pianning and Zoning
Commission, by a vote of 5.1 (Dierks voting no.) recommended approval of
the final plat of Southwest Estates, Part Five, subject to no building permits
being Issued for the development until a Westside Trunk Sewer upgrade is
completed. Construction plans for a development are generally approved by
the Public Works Department prior to Council consideration of the final plat;
in this case, due to constraints in the Westside Trunk Sewer, Public Works
cannot approve the construction plans until capacity Is available in that trunk
sewer. The Commlsslon's recommendation is generally consistent with the
staff recommendation included In the staff report dated March 4. 1993.
r/3./o3
Action: jlJJ / )l.l'tL;e.kJ
I jp(/. ~h(1) K;LULJ!/;
p. Consider a resolution approving the final plat of Hunters Run Subdivision. Part
Nine, a 5.7 acre, 16-lot residential subdivision located on Duck Creek Drive
and Pheasa~t Valley Street. (60.day limitation period: May 11. 1993.)
Comment:' At its March 18. 1993, meeting, by a vote of 6.0, the Planning
and Zoning Commission recommended approval of the final plat of Hunters
Run, Part Nine. subject to no building permits being issued for the develop.
ment until the Westside Trunk Sewer Is completed, and staff approval of the
construction plans and legal papers. The construction plan are Iieing reviewed
by the Public Works Department. The legal papers are being reviewed by the
City Attorney's Dffice. Construction plans are generally approved by the
Public Works Department prior to the City Council's consideration of a final
plat but, In this case, due to constraints In the Wests ide Trunk Sewer, the
Public Works Department cannot approve construction plans until capacity Is
available in the Westside Trunk Sewer. The Commission's recommendation
is generally consistent with the staff recommendation contained in a staff
report dated March 18. 1993.
, Action: /k.w / /.h,/..6
/ I is!
tR Mt'II/i!, {l ~lI/All/1 i; Ji!.1 nl C () 1/
I jaJ.{' .t4./!i'u~ (l(t~..M.
q. Consider a resolution certifying to the Treasurer of State the actual population
of annexed territory generally located south of Iowa Highway 1 and west of
the Iowa City Airport.
013.. loll
Comment: In conformance with Iowa Code ~312.3 concerning road use tax
allocations. the City is required to certify the population of annexed land. In
the recent annexation of the undeveloped parcel generally located southwest
of the City. no new residents were added to the City's population.
Action:
~
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Agenda
Iowa City City Council
May 11, 1993
Page 10
ITEM NO.5. PUBLIC DISCUSSION
JeP) 111;&))
ITEM NO.6. ANNOUNCEMENT OF VACANCIES.
a. Previously announced vacancies.
(1) Historic Preservation Commission - One vacancy for a representative of
the Woodlawn District for an unexpired term ending March 29, 1994.
(Joyce Barrett resigned.) This appointment will be made at the May 25.
1993. meeting of the City Council.
(2) Board of Appeals. One vacancy for an unexpired term ending December
31, 1993. lVeima Tribble resigned.) This appointment will be made at
the June 8, 1993, meeting.
ITEM NO.7- CITY COUNCIL APPOINTMENTS.
a. Consider an appointment to the Riverfront and Natural Areas Commission to
fill one vacancy for an unexpired term ending December 1, 1994. IAI Rebal
resigned.)
. tv (,)
I Action: o/(lrl/ \IFuiv
\ '0!jJ ~d6:'l (1~leJ AON
r 0: n~ b. Consider appointments to the Board of Library Trustees to fill two vacancies
nt oJ1. for slx.year terms ending July 1, 1999. ITerms of Kent Swaim and Anne
(jY Hargrave end.)
Action: At. . aW' !hwU!/ !/tI1.<lM.lLl',J /itJ tI 8kl diAl' C/.
". . d I
dft* K. ~UJ" JU~W1IlI1~IS //7/0 /10~ !hoe..
c. Consider an appointment to the Parks and Recreation Commission to fill one
vacancy for an unexpired term ending January 1, 1996. (Jennifer Olson
resigned. )
Action:
~MI pc?etb1/J
~11J4 A11.M,' lD~lLl')
d. Consider an appointment to the Board of Appeals to fill one vacancy for a
licensed plumber for a five'year term ending December 31, 1997.
Action:
t: ~~;~A~f
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#5 page 1
Courtney/ Public Discussion.
Please identify yourself and sign in.
Kelly Sather/ 702 E. Washington. ['d like to address council on the mass
erosion that's going on at the park at the corner of Washington and
College. College Green Park there. And ['m wondering if there's any
plans in the future to take care of this.
Kubby/ I've gotten a bunch of calls because [ live in that neighborhood
fTOm people in the neighborhood also concerned about the erosion. I
found out recently it's thc responsibility of the company we
contracted out with. It would'vc been nice if we would've included in
that contract some kind of stmw or some kind of erosion prevention
measure instead of just kind of collecting the erosion that's
happening.
Sather/ Um-huh.
Kubby/ But that's not the way it happens. They're going to get in there as
soon as they can. They will be responsible for filling in all those little
ruts and ravines that have been created and then they're going to be
sodding. But we don't have a time frame because they need almost a
full week of dry weather to gct their equipment in there. We're
having difficulty having that dl}' weather, so it's unfortunate that it's
taking so long to start happening but there's someone who's
responsiblc for that so I guess we should pray for sunshine for a
week so that can happen as quickly as possible. They're anxious to
get their responsibility taken care of. They're receiving many phone
calls from people apparently.
Cow"mey/ Thank you.
Michaelanne '~'idness/ 629 Ivlelrose Ave. Co president Melrose Avenue
Neighborhood Association. I wanted to catch you up a little bit on
what has happened since we last met together here. On March 23,
our association wrotc to all of the council members and the city
manager with two requests. First of all we requested that our
organization be informed of what thc environmental study ordered
by the Iowa Department of Transportallon would consist of. No one
really knew if we were talking about an environmental assessment
or an environmcntal impact statement. So [ refer to this as the
Environmental Study. In addition in that letter, wc request to be
included in meetings or discussions having to do with this
environmcntal study. On March 30, our associallon sent a follow-up
letter, the same letter, to the state representatives, to Roger
Anderberg at IDOT, to Lowell Soike who is the chief historian at the
stale bureau of historic preservation, and to the city Manager, Steve
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#5 page 2
I
Atkins. On April 20, we sent the same letter again. to Roger
Anderberg at IDOT and to Dan Mal11es at the Federal Highway
Administration. We have received some replies I'm happy to report.
We've received a reply from Minnette Doderer who wrote her own
letter to Roger Anderberg. She believed that our request seemed
reasonable and she requested that he acquiesce and go along with
the request that we he go along with the two requests that we
formally made. We received a letter from Austin Turner who was
chair of the IDOT Commissioners who said he would fOllvard our
request through the lDOT staff. We received a request from Roger
Anderberg, who encouraged us to establish a contact with Iowa City
as a means to keep them informed of project development And "Any
subsequent meeting, discussions, or correspondence regarding 111e
bridge replacement project will be initiated, directed and Iowa City."
And we received a reply from Hubert Willard, who's division
Administrator with the Federal Highway Administration. He said,
"Therefore we suggest you conl1nue to work with the city of Iowa
City and the Johnson County Council of governments regarding this
project. Also by copy of t11is letter, we are asking the lDOT and the
City of Iowa City to provide you with all practical opportunities to
parllcipate fully in 111e environmental It is our desire that all views
and concern be fully evaluated. Your interest and participation are
appreciated." Having not received a reply from the city, I decided to
seek the advice of both the Federal Hwy. Administration and the
IDOT. By coming here tonight to state our original request which
were that our association and really the larger community, be
informed of what is taking or will taking place with respect to the
environmental assessment and two, that the larger community be
included to the extent possible in the process. Our concern I think Is
quite obvious here. As you will recall, one of the complaints that our
neigh borhood association had with respect to the four lane bridge
proposal in February was that the community's input was solicited so
late in the process, i.e. one month before the vote was to be taken,
that we really could not make a meaningful contribution to the
process. And we believe that that could also occur here. That public
participation may be with held until the end of the process and I am
thinking perhaps even as late as when a draft environmental
assessment has been written and in that case any sort of public
input, I believe, wiIlnot be of much consequences and will be rather
limited. We would like to be included early in the process as I have
stated many times before and I am thinking that we would like to be
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#5 page 3
I
included in the scoping part of the process. It is my understanding
that there is no forma] scoping meeting with the environmental
assessment. That is done with an EIS but not with 8\. But certainly
there will be a discussion or a series of discussions in which the
parameters for the environmental assessment will be determined
and we would like very much to take some part in those discussions.
We request this because we have suggestions. When I say we I am
referring primarily to our neighborhood association but I believe
that Iowa City, the greater Iowa City area will probably have
individuals who also could make meaningful comments when it
comes to determining what kinds of information should be included
in the environmental assessment. For instance, Roger Anderberg, in
his letter, in which he revoked the environmental clearance
mentioned three other alternatives that lOOT would require the city
to look at. The do nothing alternative, repairing the existing two lane
bridge and replacing the existing bridge with another two lane
bridge. He went on to suggest that the city council might decide to
look at least two other alternatives. A three lane bridge option and
some sort of by-pass road. And we believe that these two optional
alternatives would be velY useful ones to consider in detail. The
other suggestion we have would have to do with the kinds of
elements that should be included in an em1ronmenta] assessment.
And in this regard let me just mention that Roger Anderberg sent me
a copy of the two sample environmental assessments that were sent
to Charles Schmadeke. One of them involves improving U.S. Highway
71 and one of them involves some work in Polk County. It is
primarily upgrading an 1-80 Interchange. I will tell you right now I
have not looked in any great detail but I went through them to see
the kinds of impacts that were considered in these documents. These
are useful documents in terms of seeing what a finished product
comes out of an environmental assessment. But in terms of
considering these analogous situations on Melrose Avenue many of
us feel there are better examples in environmental assessments. For
instance, in the Dickenson County environmental assessment they
looked at impacts to things like water quality, natura] areas,
endangered species, impacts to roadside trees, traffic noise, PIR areas'
and so forth. In the Polk County environmental assessment they
looked at r.o.w. impacts, wildlife habitat, wetland funding, flood plain
impacts and those kinds of things. We believe that there are other
really much more important impacts that should be looked at and
therefore should be included at this scoping or this parameter set ling
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115 page 4
I
meeting. And I am indebted to John Nesbitt who is not a member of
Iowa City. e lives in University Hts. But he has spent a great deal of
time tracking down other examples of environmental assessments
which might be more comparable to our situation. In fact, he came
up with three of them. Two of them involve work that was done in
Coralville l.ake. But in these environmental assessments they were
considering things like esthetic values, desirable community growth,
community cohesion, property values, tax revenues, regional growth,
land use changes and so forth. I think all of you can see that it is
quite obvious that these are the kinds of things that we would want
to have you consider in addition to those impacts that were
considered in these two sample fA's. Other kinds of information that
we would like to have included come right out of the Urban
Environmental Policies Addendum to the Iowa City Compo Plan. And
those would be impacts to things like neighborhoods and structures.
It says right here in the addendum that it is the policy of the City of
Iowa City to preserve and protect the unique attributes of Iowa
City's public and private neighborhoods as identified by the city for
the general welfare of the community at large. In addition they talk
about the importance of the entry way to Iowa City. The need to
conllllunicate esthetic values. The need to contribute to the economic
and social welfare of Iowa City. 11'11'. Nesbit is the publisher and
editor of a community bulletin. I believe he has given Mr. Atkins a
copy. I hope this would be distributed to you. He has gone through
all of these environmental assessments to which I have referred as
well as many of the national acts which will playa part of this
environmental assessment. The National I~1Vironmental Policy Actor
the NEPA ACT, the Ndtional HP ACT, the Clean Air Act, etc. I won't go
into all of the details. But he came up with a 16 point check list of
impacts that should be or might be appropriate to include in a
consideration of the affect of a four lane bridge and a four lane
Melrose Ave. Our association is not endorsing this. We merely bring
it up as an example of the kind information that we believe is critical
in order to come up with an environmental assessmel1lthat really
gives everyone the right answer. And so I will conclude simply by
stating -restating what I have asked before. What is happening with
the environmental assessment. Where do we stand. Will the
comlllunity be included. To what extent. And how will our
participation be solicited.
Courtney/ You have heard much more form the DOT than] have heard.
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#5 page 6
Kubby / I 'lsked at the J'lst JCCOG meeting. Was it last week. I 'lsked Jeff
Davidson because he was the person being sent 'lll of this
information from all of these different directions saying when can we
answer these questions. Because we want to know what the sequence
of the process is. What the time frame is. When public input is. So
th'lt we can not only know that for ourselves but answer your
request He said that he got this big stack of stuff th'lt he has to go
through and that there is not this protocol. There is not this set
process that he has seen in the documentation that he got And I
think one of the things th'lt we probably could have done is to at
least inform the neighborhood association because you have a
specific request saying we got this st'lck of p'lper, it is going to take
us a while to go through it, but we have it, and it has been a while.
Just to check in Witll you. To S'lY we are going to figure this aliI. Your
answers will be on the W'lY as soon as we know the answer. So we
don't really know.
Atkins/ I want to 'ldd to that if I could. Jeff did receive a packet of
information. If you will recall on April 1st I wrote a long letter to
the director of the planning division for /DOT outlining all the
questions that !vlichaelanne had indicated. I have not received a
response. Jeff got a packet in the mail. There has been no letter. No
direction. The letter from Hubert Willard we sent a follow up letter
saying Illey are telling us one thing-you me telling liS something else.
I have not any of those letters answered.
Kubby/ I guess what would be good Illen, especially because we know the
Melrose Neighborhood Association is really looking 'lt this issue and
following it and trying to be an active ]wt of the process, that even
though we are not hearing from people that we can communicate
th'lt to you. To say-
Wiclness/ That would be helpful.
Kubby / To say it has been 21 clays, we haven't answered YOll because we
clon't know what to answer you, we will keep you updated.
Horow/ We are as frustrated as you are at this point.
Wiclness/ We just want to make sure that things aren't 11<lppening behind
the scenes of which we are not aware. I can understand if t11ere are
bureaucratic delays but it would be helpful to know that is what the
problem is at this point.
lIorow/ It is.
Kubby/ 11 is an easy thing to do.
Courtney/ Do we need to set some sort of council policy abollt how many
days we send Jel tel's to say we got nothing to report.
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#5 page 7
Horow/ This is really tacky. That is putting it mildly.
Kubby/ When a specific request from a neighborhood has been made and
we know-
Courtlley / What I am saying is that we don't have any 1armal policy do we.
They have asked for information when we get it. We haven't got
any. Do you want us to send them a letter every seven days saying
we haven't got any or every 20 days 01'-
Kubby/ I think that is reacting-I don't know.
Horaw/ I would rather have a relationship willl the neighborhood through
wither the neighborhood coordinator or ourselves. But having a
policy about sending a letter- No.
Kubby/ Maybe it might be as simple, too, as you feeling free to connect
with Jeff Davidson and say has it moved since we talked or from
Steve.
Courtney/ Or just Gllling !vlarsha and asking her-
Kubby/ But in a way I really understand because you have requested
something. I know when I don't hear something for a long time I
don't know what it means and llmt just hearing I don't know yet so I
can't answer yet-
Courtlley/ I ask Steve every week since the thing has started.
Genu'}'/ And I have asked Steve every week.
Kubby/ And many of us have but we haven't conllllunicated that. That is
the main point for me is tllat we haven't communicated that. That is
something I feel like we can improve on. Especially when we have
been specifically asked to.
Courtney/ Do you want to take charge in communicating it then since you
tbink there is a deficit in our communicaUon.
Kubby/ I would be happy too. I would be happy to take 0 that
responsibility.
Ambr/ Mrs. Widness, I would encourage you and evetybody else in the
neighborhood that has a concern. Whenever you feel nervous at all,
GIll any of us and I can guarantee that it will be followed through. It
absolutely will be followed through.
Courtney / We are all wide open.
Wiclness/ Any bour of the day or night, right.
Kubby/ Up until 10 o'clock.
Ambr/ Il all depends what you want to say to me at 3 AM.
Widness/ It better be important.
Kubby/Comment about how we do business. It is not a huge crilicism. We
could do a lit tle bit better. And we are better. I think we are better
than we have been in the past. We are growing with neighborhoods
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#S page 8
getting organized and making sure that we do good follow up. This is
what this is a follow up issue. And I would be happy to be conscious
of this and do a better job.
Courtney/Any other items of public discussion not included on tonight's
agenda.
,
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Agenda
Iowa City City Council
May 11, 1993
Page 11
e. Consider recommendation of the Project GREEN Steering Committee to
appoint Bruce Haupert as a trustee of the Green Fund for a term ending March
1,1996.
Action:
ae~ey ,,111'/.
ITEM NO.8- CITY COUNCIL INFORMATION.
,M.fV rtrtV
ITEM NO.9. REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY.
a. City Manager.
-0-
b. City Attorney.
-0-
I
ITEM NO. 10 - CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY
~3- I oS CLERK TO ATTEST THE FY94 RENEWAL OF AN AGREEMENT BETWEEN THE
' CITY OF IOWA CITY AND THE CITY OF UNIVERSITY HEIGHTS FOR THE
PROVISION OF TRANSIT SERVICE WITHIN THE CORPORATE LIMITS OF
UNIVERSITY HEIGHTS.
Comment: The FY93 Agreement for transit services between Iowa City and
University Heights permits a one-year renewal at a rate of $27,060. The FY93
contract amount is $26,016. There are no other changes proposed to the
agreement.
Action: J-lIvD / JJ~{!
I
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118 page 1
COmlJley I City Council Information.
Kubbyl I have two items and they have to do with Highway 6 and one of
them is spurred form the letter of lIJary Lewis, the president of the
Grant\Vood Neighborhood Association. And in there she requests that
we consider once the light is in on Lakeside Drive which I believe is
happening this season, right.
Atkinsl I understand that it is.
Kubby I The speed limit before or west of Fair lvleadows goes up to 45 and
then you have got this straight away with no traffic controls. Then
we are going to add a traffic control and therefore, she thinks the
speed limit should go down. That makes a lot of sense to me. So I
wanted to get council's thoughts about requesting from lOOT that we
decrease the speed limit until after the lakeside Drive. Why are you
smiling.
Courtneyl It is just thinking aboutl1le natural progression of this thing
and how we have talked about so many years about not slowing
down traffic on Highway 6 to push them off into the neighborhoods
and now we have lengthened the lights and talking about lowering
speed limits and-
Horowl Pushing it in the neighborhoods and that really concerns me. It
really does, Karen.
Kubbyl But you don't have-there is a smaller area between Fair Meadows
and Lakeside than there is between the lights on the corner of
Riverside and 6 and the lights at Gilbert where we have had some
accidents at 45. And just because of where it is. That light is there
because there is a lot of traffic trying to get out of the neighborhood
because we are allOWing development and out of sequence
development on the south side. And we have got the industrial park
tllCre.
Courtney I You are right. Il does make a lot of sense because you can
barely get up to 45 and get stopped again between those two lights.
The whole big picture is what I was thinking about.
Kubbyl I understand. I understand. And these two things are in conmct
In a certain way.
Novl You also get up to 45 belc)re you get to the Sycamore light.
Kubbyl You can.
Novl Yeah.
1J0rowl Sure you can. You can getup to 50.
Novl If we are going to decrease the east side of Sycamore light we ought
to decrease on the west side of Sycamore.
Kubbyl Is it 45 there too. I don't think it is. I think it-
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#8 page 2
I
Courtney! We lowered SOllle of those out through there a couple for years
ago. I don't remember exactly where.
Atkins! Let us prepare a reporl of you and a response 10 that letter.
Kubby! That would be good.
And lilY other Highway 6 thing-is that memo from the city manager
just about staff looking at Highway 6 frolll Fair IvIeadows to Gilbert
and looking al pedestrian issues and try to make it a little more than
just a strip of concrete that people drive their cars on. What I want
to make sure gets discussed in that project is that the sidewalk
doesn't create a place of conflict between people using it with their
bikes and people walking and that it be wide enough to
acconul1cxlate thaI.,
'Atkins! We have no real agenda yet otller than when we began discussing
this issue it was-I sort of have been sent out a number of times up
and down that street by a number of you on various complaints.
And we began looking at il. It is realJy not very attractive. And that
is what sort of precipitated the thing. .John just had one today. If
you go out there by First Ave, it is standing water in the ditch. That
is the kind of thing that you have to get rid of. It is never going to
be nice until you get rid of those kinds of things. Our initial reaction
was sometJling along the line of a Scot t Blvd. E'\tra wide sidewalk set
far enough back where there is not a conflict with the highway. It is
very very preliminmy. It is just an idea we are putting together.
We will let you know about it.
1101'011'/ That was brought up at the transportation forum. .Jeff made a
very good point in terms of what we were trying to do for
pedestrians and bicyclists. At least on Highway 6. 1 thought that
was a neat forum.
Nov! Can we do something about the crossing lights or does it have to wait
until this whole plan.
Atkins/ You mean the tJling you directed us to do the other day.
Nov/ Yeah. Crossing Highway 6 at Sycamore 01'-
Atkins/ We have already talked about thaI. I think .11m has already stated
thaI.
Nov/ Okay. And Gilbert and Kwkuk. Where ever else people are crossing.
Atkins! My understanding Is that you wanted liS to proceed with Ihat. I
think .Jim already talked to IDOT about it. I don't know t he answer.
I wish you would have asked when he was here. But I know that he
had already corresponded with him to get it started.
Nov/ I just wanted to be sure that we were hinging It in with the rest of
the p I a n
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#8 page 3
I
Atkins/ No. This is-you see more and more altention given to that portion
of our highway system in town. And it just seemed to me that it is
not attractive. You are going to have to grow with development We
are going to have to accommodate pedestrians. Lets begin tlying to
put sometJling together even if it is incremental. Again, I had not
really noticed it but it really is kind of bad. There is standing water.
There is going to be a lot of little critters coming out of there.
Horow/ It has been out there for quite a while.
Courtney / I hear this morning we can expect seven generations of
mosquitoes this year instead of five.
Nov/ I believe it.
Courtney / AnytJling else.
Kubby/ Nothing.
Nov/ I have a little plug to make. I have to say that I am not personally
involved Witll this group but there is a group of volunteers and they
are serving breakfast to the needy, people who are homeless, and
they are doing this Wednesday mornings at the Old Brick. They are
calling themselves Agape Cafe which in Greek means love. And they
are able to do this just once per week on Wednesday mornings. The
people who are served get a voucher from our Human Services
agency. However they would like to do more and they are going to
have a fund raiser. So if anybody feels inclined to contribute time,
food or money they wm be happy to have you. And they are going
to have a nice dinner on Saturday, June 12, 7 PM at Old Brick
Auditorium and they are selling tickets for $25 and the phone
number for more information is 351-2211. That is it.
Horowl They need volunteers as well as food.
Nov/ Yes. They are entirely a volunteer operation and they are gelling a
bunch of food from various people. If you feel like coming in on a
Wednesday morning and swelving. They have a nice system where
they have small tables and table clothes, real dishes and walter
service.
Horow/Okay.
Ambr/Darrel, I would just like to make a comment to try to put things into
perspective to demonstrate just maybe once in awhile we ill Iowa
City get a lit tIe fat and sassy because of our tremendous employment
rate that we have here due largely to the 21,000 jobs that is
anchored by the University of Iowa. Those of us who are involved in
tlying 10 persuade economic development through the last 35 years
or so always try to do that 10 mnintain some kind of balance between
an industrial and business type of alTordnble jobs and good paying
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118 page 4
jobs compared with whal is offered by the local government and the
state government. Hecent1y one of Ollr local businesses came to us to
act as a conduit to apply for a CEllA grantl think to the tune of about
$300,000 and out of that application evolved somewhat of a
controversial resulting in the grant being denied and subsequently
100 additional jobs wee lost to this community. Now if I recall the
presentation by the executive the evening that he was here those
jobs would have an average wage of some where between $7.25 and
$7.50 an hour. And as we know there are probably several thousand
persons within this viewing area that would be standing in line to tl)'
10 get t1lOse jobs. Just recently one of our neigh borhood cities just
west of us, Marshalltawn, Iowa, under went a very dramatic
experience Willl tlle possibility of losing their anchor employer called
Lennox IndustJ},. Well, they were competing with Columbus, Ohio
for an additional 600 jobs or the loss of those jobs that were already
in the community. Well, as a great deal was put forth by both the
state and the mayor of Ivlarshalltown who I think Danel is
acquainted with and many many other people that is in this
professional field of economic development for the state and the
region and the city. Lennox was persuaded to stay in Iowa by a
proposed $12 mi1lion bond issue from the county, an additional $5
million bond issue form the city, a $1 million-2 million promise by
state officials, $500,000 additional sweetener to be raised privately
and as of yet unspecified concessions from United Auto Workers
Local 893 and an additional promise to give higher priority to a $25
million in state highway improvement. Now keep all of that in
perspective compared to what happened here in Iowa City. The
average hourly wage in these new jobs in Ivlarshalltown is going to
be $7.00 an hour and the people nre absolutely ecstatic for the
opportlUlity to keep those jobs there. This information cCllJ]e through
many newspapers. Not too long ago the City of Ivlnson City passed a
$7 million bond issue by more thnn 60% to persuade the Curry's
Company, a steel door manufaclurer and the largest employer in the
city, 10 stay tllCre. Now these people indebted themselves 10 pay
future taxes for about 20 years t guarantee some additional
employmen1, South Carolina offered llMW Automobile Ivlanufacturer
$130 million Inst year including $71 million In tax breaks to locate a
plant there. I quote KeJ] Stone, an extensIon economIst at Iowa State
University, "Ihat is just the way the game is played these days." So I
hope this council nnd everybody in the community keeps those kinds
of things in mind. That it is a very Vel}' competitive almosphere in
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//8 page 5
I
the slale, the country, and the world in general su that whenever we
have an opportunity to do something that I think is good for the
commllnity that we just dun't blow it out of proportion and ruin what
I think is a good thing. So, that is all I have to say.
Kubby / BiII, I wOlllcllike to make une comment That the information that
we got back from the Depm'tment of Economic Development was that
the reason that MilIaI'd Refrigeration ur lPM was turned duwn for
the state grant was because they didn't provide information that
showed that their product IVas a new product. And they said that
they didn't want to give that information and the DED said we need
that information in order to go through our process and that that was
the rea sun they were turned cluwn. Not becallse of any controversy
about the process or whatever here. I mean I lInderstand tJ1e point
that YUll are making.
Ambr/. As you and I both know there was more to that scenario than was
presented a this table and I just wish that people wOllld be more lip
front about it to let us know their true motives in coming to knock
out a project like this. I don't have any particular love for Millard. I
think they have been pretty good corporate citizens since they have
been here. I just don't think t1mt was handled too well. As you and
I have talked I think that we have to do more about the process
before we authorize t11e mayor to affLx his or her signature to any of
those applications because the process has been flawed. And I fully
agree with that But I just-to get off to my opening premise, I think
we have to keep things in perspective in our community which is, as
we know, we are sheltered a lot form the slings and arrows of
economic ups and downs. We have a pretty healthy situation here
and we ought to do everything we can to protect it and enhance it.
Kubby/ We had said that we were going to wait lIntil after tJ1e specific
project was decided one way or another before we went back and
looked at out process. Ivlaybe it will be time soon to do that Ivlaybe
this fall we could do that I know it is hard for all of us to be here in
the summer and with a new cOllncilmember coming in July. GIve
them a chance to get on board.
Ambr/ Yeah, I think it would be better when we have seven people.
Kubby/ Maybe this fall we could talk about it
Ambr/ That is all I have.
Horow/ I have a couple of things. Tomorrow at 4:45 at the Johnsun CUllnty
Court House there will be historic preservation awards. And this
year this is a cooperative adventure among the lIP Commission,
Friends of HP, Johnson COllnty HP Commission and the Johnson
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1t8 page 7
brother's farm. And there is never a decrease to 25 until you hit the
Hegina School at 20. And the folks at St. Thomas Court had brought
this up to us earlier and I had traveled on the out bound and there is
some 25 on the way out but it is not true coming back in and, to
verify it.
Kubby! You can speed one way butnottl1e other.
Courtney/ To verify it, 1 sent the city manager out to drive it because he
didn't believe me. And so I think we need to get some sort of
recommendation about where to place these 25 m.p.h. speed limit. 1
think it actually kicks up to 35 before it gets to St. Thomas, also. A
Atkins! Okay, I hear you.
Courtney! Personally, I would like to see probably at least MI. Vernon as
being the cut off for 25 and 35 if not even farther out. we need
some sort of a recommendation from- When they are coming into
town from interstate across the open road there they don't slow
down very good.
Kubby! And it is very curvy, too, so it would be good actually to have-
Courtney! You only have to look at one pole out there that has metal
around it because it has been hit so many times. People coming in
too fast arotUJd that wIve on Rochester.
Nov/ We need to do sometlling about that yellow light business.
Atkins! You sent that to us. Jim is doing a cost estimate in those things.
We just haven't finished the work yet. We will have it for you.
Horow! I just wanted to pick up on that because I have been-each time I
drive through the areas where schools are and it is 20 m.p.h. I
deliberately am going 20 m.p.h. and I am hoping Bill Ambrisco is
behind me getting frustrated and so he will stop and go 20 m.p.h. I
just think that we need to push slowing down. It is velY frustrating.
Ambr/ Well, the chief says the number of tickets that have been issue
since the first of ]anu<uy. It is virtually impossible to have a patrol
GU' at evelY schoollocntion.
Kubby / We are getting a gran!. A traffic control guy out there or woman
out there.
Ambr/ We will see what happens with this yellow light business.
Nov/I think we need to consider two kinds of sings. I don't IVant to push
/lashing ye]Jow lights every where. But we might consider putting
them on arterial street where people are less conscious of speed
limits of schools. In my neighborhood the speed limit at school is on
residential street. I don't think Dashing lights would mean very
much.
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#8 page (i
County Historical Society. I urge everyone or as many as you can to
get there. This is a delightful evening. We learn things. You talk to
people. Y0U graze ad have something to eat. But we also recognize
people taking pride in their property. Especially those that are of a
historical nature or that will contribute to a historical nature. The
other two tllings have to do with neighborhoods. This neighborhood
business is really fun. The Longfellow Neighborhood is actually
about to take part in neighborhood planning over a five year period
of time. May 12th, if neighborhood planning turns you on besides
being a member of the Longfellow Neighborhood Association, get to
the Longfellow School gym where they will be talking about
neighborhood planning process for a five year period of time. And
that is 1"lay 12th.
On May 18th at Mark Twain School there will be an initial meeting of
the Lucas Farms Neighborhood Association. Lucas Farms
Neighborhood Association. Yes. Most of us who live in that area
realize that the abstracts on our deeds we are all part of the fonner
Lucas-Governor Lucas property. It is faScinating to read the deeds
fonn this whole geographical area. Oh it is. One guy-well, I won't go
into that. Anyhow, this is a new organiwtion being started to
promote tbe development of a neighborhood association in that area.
What id the matter with you guys. Don't you ever read your
abstracts.
McD/ Yeah. I just finished mine this morning.
Ilorow/ Get with it. That is all.
Courtney/ I really thought tlmt you had enough to do that you wouldn't
have time to sit down and read abstracts.
Ilorow/ They are interesting and this one, it goes al the way form Governor
Lucas tllrough his descendants.
Nov/You went to the bank in order to read it.
Horow/ No. I have got it. I have got it at home.
Nov/ People with mortgages don't have them at home.
McD/ I have no business, 1"11'. I"layor. 1 am hoping to get home in time to
finish my abstract. So I don't want to drag the meeting out any
longer.
Courtney/I did have a couple of things this evening. This is an old issue
revisited some time back while we were talking about the schools.
There was an issue brought up of speed limit on Rochester. I just
happen to have an occasion to go out to the interstate and back a
couple of times over the weekend and got 10 looking and speed limit
coming into town on Rochester is 35 m.p.h. at about the Smith
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118 page 8
Kubby! Although we did talk about the imparlance of consistency around
schools so people knew behavior and signage-
Nov! 20 m.p.h. is not at all difficult to maintain.
Ambr/Kare.tl, are you and Susan on that joint committee.
Kubbyl And Darrel also.
Ambr! We will be represented.
Courtney! It is a bit dormant at the time. We will get in fired up one of
these days.
Secondly, just as a date for council and the public watching. .lust
curious how many sets of papers we have out and how many filings
we have had for the election.
Karr! We currently have nine sets of papers out and two individuals have
filed Gmdidacies ,md have been ve.t'ified as candidates.
COlU.tney! Okay. And I wanted to respond for just a minute. We have
been seeing a couple of letters in the paper I think primarily aimed
at me. A bit sarcastic in tone and seems to be heading in the
direction that I am not in favor of elections. And I just wanted to
clarify tlmt that in all cases we need to be represented by elected
people and this -my criticism of this particular situalion was aimed
primarily at the timing of it not the fact tlmt it \Vas going to be an
election. We did decide as a body to appoint only because it was
such a short period of time not- If it had been the [11ll two and half
years, I would had been the first one to call for an election. In this
case it was a matter of waiting an extra three months, probably five
meetings that the appointed person would have served. And we are
going to end up spending probably $25,000-$30,000 for that person
to sit for those five meetings. I just think it Is not a good
expenditure of city funds considering there was an election coming
up anyway. I didn't want to be mistaken that I was opposed to
elections for a public positIon.
Nov! We all thought that way.
Borow! I agree.
Courtney! The letters seem to be taking on a tone in that direction and I
wanted to clarify it before they get any further along.
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Agenda
Iowa City City Council
May 11, 1993
, Page 12
ITEM NO. 11 - CONSIDER A RESOLUTION RESCINDING RESOLUTION NO 92-256 AND
cf 3 _ I ct. SUPPORTING A PROPERTY TAX EXEMPTION FOR THE AMENDED CITIZEN
,.-- -.'( -- BUILDING PROJECT.
Comment: Citizen Building Limited Partnership has amended the proposed
Improvements to the former Press-Citizen Building. The proposed improvements
now are to Include the construction of 18 (rather than 66) one. bedroom
apartments for occupancy by low-Income elderly and persons with disabilities.
This project would assist the City In meeting the goals of the Comprehensive
Housing Affordability Strategy and in meeting the goal of preserving a historically
significant building, the Press-Citizen Building. This resolution acknowledges
Council support of the concept of granting a ten.year 100% property tax
exemption for the amended project, directs City staff to begin the necessary steps
to establish tax abatement for this site. and rescinds Resolution No. 92.256.
Action: /(t.dt..[ I A/vb
1R{J/ p/Iuv &tt-Vr ~ Ll ;L
1',)-0
ITEM NO. 12 - CONSIDER A RESOLUTION AUTHORIZING EXECUTION OF A LICENSE AGREE-
1:\ . /07 MENT BETWEEN THE CITY OF IOWA CITY, IOWA, AND EASTERN IOWA LIGHT
AND POWER COOPERATIVE.
I
Comment: This License Agreement will grant to Eastern Iowa Light and Power
Cooperative certain rights to use City rlght.of.way to extend electric service to
customers residing within Iowa City. The rights granted are essentially the same
as those granted to public utility companies holding franchises within the City.
Action: !J.,'V~/ n k,;e,llJ
Au,) {lflw Jb(.(J %
ITEM NO. 13. CONSIDER A RESOLUTION DIRECTING TRAFFIC ENGINEERING TO ERECT A
SIGN SO AS TO PROHIBIT RIGHT TURNS ON RED FOR SOUTHBOUND TRAFFIC
ON MORMON TREK BOULEVARD AT ITS INTERSECTION WITH MELROSE
AVENUE.
Comment: This resolution will direct the installation of no right-turn on red so
that southbound traffic on Mormon Trek Boulevard will be prohibited from
executing a right turn on red at its Intersection with Meirose Avenue. A member
of the City Council expressed concern regarding the potential for conflict between
this right turn movement and the opposing left turn movement when the left turn
movement Is completed under the protection of a protected green arrow. This
item was deferred from the Council meeting of April 27, 1993.
Action: -Dt (.D /
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#11 page 1
Courtney/ Moved by Kubby, seconded by Ambr. Discussion.
Horow/ Yes. I would like to know why the existing resolution cannot
be retained. I recognize that that the development Is doing the
best they can by doing the construction of 18. But there Is
always the possiblllty that they will be able to do 66. And so
Isn't It possible to permit them to go ahead and aim towards 66
rather than us absolutely rescinding that original agreement.
Gentry/ In terms of trying to satisfy state law and comply with the
CHANGE TAPE TO 93-49 SIDE 2
-for gray In terms of levying taxes.
Horow/ The only gray then would be If there is a potential for 66 we
amend this In the future. Is that right. Could we do a two
step-
Kubby / If we want to make sure a tax abatement for the other unit.
Nov/. If the other units are constructed, he can ask for tax
abatements for the other units. But If It says 66 then I think
you have to walt untll there are 66 before you get any.
Kubby/ I think this Is a clarifying thing, too, for the other funding
bodies that Mr. Burns Is approaching so that they know that we
stUl want to give tax abatement to this project even with the
decrease of the scope of It.
Gentry/ Right. As Naomi said, you can't go backwards form 66. You
can go fonvard from a smaller number In terms of-
Horow/ Well, since we are giving 100% property tax exemption we
can't actually give more tax abatement to the sequential ones
that are built. 100% Is a 100%.
Gentry/ .100% of the 66 would be a larger abatement.
Atklns/ Your first statement as I understand It and maybe Bob can
come to the microphone and correct me. But I have understood
It to be what you Just said. That Is you have to Identify
speclflcally very precise language that 18 units are involved
and that the abatement affects that. If In fact, as what was
proposed. Remember the extra tower In the back they were
planning to do. That. In effect, Is a separate abatement because
that would add value to the project at that time and the
abatement Is on the Increase In the value. That would be a
separate decision that you would make at the time. If Bob Is
the developer or whomever, they have to come back and make
the req uest.
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#11 page 2
Kubby/ He gets to go through all of this again.
Atklns/ He gets to go through It all again. That Is exactly what he
gets to do.
Nov/ Steve, I have the value added business In the back of my head.
When we say 100% of property tax, we mean just the value
added by 18 apartments, right?
Atklns/ I think there Is more to It when It creates that extra value. I
mean the 18 units Is causing the value to go up.
Nov/ But what about the base value. Do we retain tax on the base
value.
Courtney/bob maybe able to answer these better.
Bob Burns/ The way I understand It Is that we will continue to pay
the property tax that Is currently levied on the property. That
Is the way we budgeted.
Atklns/ Similar to the TIF.
Nov/ That Is what I was understanding, also.
Atklns/ The same principle as with our Tax Increment Financing
where you Increase the value and the taxes are then deferred.
In this case they are abated for purposes of helping undenvrlte
the project.
Nov / One more question. If there happens to be a use on the lower
level, offices or retail, this Is not be abated, correct? It Is just
the 18 apartment units.
Burns/ Just the apartments. We have abandoned the concept of
putting In another use In there other than apartments.
Courtney/ Any other discussion.
Roll call-
The resolution Is adopted.
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#12 page 1
I
Courtney/ Moved by Ambr, seconded by Nov. Discussion.
Kubby/ I have I think four questions that I feel like I need to have
answered. This Is almost as big as a franchising thing.
Atklns/ Bottom line, Karen, that Is exactly what it is. it Is a franchise
agreement with Eastern Iowa.
Gentry/ Eastern Iowa operates within Iowa City and outside Iowa
City. Southwest Estates Is affected as Is our waste water
treatment plant. And Chuck and I have been negotiating this
for two years and we are quite pleased to have It.
Kubby/ There are a couple of questions that I pave and one of them
Is the length of the Ilcense grant. That I know the Iowa-Illinois
franchise that when that was put through that was a 15 year
agreement and that, I guess, I would like this Ilcense and the
franchise agreement to end at the same time so that If there
are any new laws or If there are negotiating points that we
want to make that we make them with these two companies
around the same time so that If we decide we want to negotiate
a fee or there are other services because of changes In
technology we don't have this klnd of though process of saying
well, Eastern Iowa Ilcense agreement doesn't have that and
they're not over untl! the year whatever and so we don't do It
with the Iowa-Illinois one. So we do It for another 15 years
and then we just keep leap frogglng and we never get some of
these Issues dealt with. I would feel more comfortable If they
were over at the same time.
Gentry/I understand that. This has been signed. My suggestion Is
since this Ilcense agreement Is much more flexlble In terms of
amendment as opposed to a franchise that has to be voted on
that this could be looked at a point at which Iowa-Illinois Is
before you.
Kubby/ I guess then I have a process question. This seems Ilke an
Important thing that we are doing. This weekend was the first
time that I ever saw this and that-I don't ever remember us
ever talking about this. That we are doing this. That we are In
the process of this. I just think that-
Courtney/ I don't either. You said you have been negotiating on this
for lwo years.
Gentry/ yes. This permits the city to request the utility company to
remove their utlllties when they are In our r.o.w. A right that
we did not have before. And that Is very Important.
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1112 page 2
I
Kubby/ And I think that Is Important to have. It Is a ve!}' important
thing for us to have
Gent!}' / It also controls when they do have to do excavation that
they comply with our rules and they are operating under the
utilities commission at the state level and they have a right to
operate and this enables us to require that they comply with
the same rules that Iowa-Illinois have to comply with. Before
this agreement they did not.
Nov/ Are they currently serving developments within the city.
gent!}'/ Yes. And they are permitted under state law, as it says here,
to operate exclusively within that area. The state controls
where they operate. This wlll not affect their exclusive right of
operation. That is total within state control.
Kubby/ ] guess my point Is not that I don't think we should have
this. I think we should have this. I think we should have been
Involved in some way In some of this. Maybe no one cares
about some of these points. But It seems Ilke a big deal and we
should have been discussing it maybe a little more in advance
before-
Gent!}'/ It is too bad that we didn't- if we had known this we would
have certainly could have covered it In a work session.
Atkins/ Can we postpone it.
Gen try / Yes.
Courtney/ You told us to do the things we picked up on it. What did
we give up In negotiations.
Gent!}'/ We didn't give up anything. We got a lot.
Kubby/ Maybe I should go through some of my other points.
Gent!}'/ I wlll be happy to talk to about it at length. And there is
nothIng hard and fast about the 15 years. This is subject to
amendment.
Atklns/ Can we say that this agreemcnt mirrors the Iowa-Illinois
agreement.
Gent!}'/ I cleaned up the language a lot. It is much better than the-
Basically It Incorporates 110t only the franchise agreement.
Much of what is in the 10wa-I1llnois franchise agreement. But
it also Incorporates the requirements of our excavatlon
ordinance and our r.o.w. regulations. It pulls the two codes
and franchise together. Basically It does mirror the franchisc.
Atkins/ Except the expiration. I hadn't thought about it. To have
them expire slmultancously I would think would be to our
benefit.
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#12 page 3
Gentry/ And when does 10wa-I1llnols expire.
Kubby/ 15 years from '85 or '86.
Atkins/ You have about 8-9 years to go.
Ambr/ You could have the option when the other expIres we could
dig this one and make them coincide which I think Is a good
point. I don't want to throwaway two years of our legal staffs
work.
Atkins/ I understand that, Bill. My point Is that I think it Is to our
advantage In our negotiating position in the future to be
dealing with them simultaneously.
Gen try / I agree.
Kubby/ Can we put a big note in our Iowa-Illinois franchise file that
when we open that up It says Eastern lowa-re negotiate time
frame.
Gentry/ I am sure they would have no problem with that. It is just to
go through a franchise process would have taken five more
years instead of two.
Kubby/ My second question was about Iowa-Illinois has put up those
green gas pipe things that we went to them and said you know
could you do some landscaping around them so that they are
Incorporated more humanly into the streetscape.
Horow/ They are so ugly.
Kubby/ I am Just wondering-I mean that is an issue for me. Do these
landscape Issues deal with those kinds of objects coming out of
the ground. That they need to deal with-
Atkins/ 10wa-Jlllnois did that on their own. We asked them-
Courtney/ Is this company providing natural gas service as well as
electrical.
Gentry/ No.
Kubby/ That Is not an issue then. Okay.
Nov/ They could have these big green box shapes which have
electrJcal units In the,
Courtney/ We have been through that many times about whether
those go in the ground or not.
Kubby/ But even underground or not, if they are above ground
making them fit In sight wise, color wise, esthetically,
landscaping. That If the process had been dIfferent we could
bring some of these Issues that we found or not within the
franchise of Iowa-Illinois which Is kind of our foundation from
which the Jlcense agreement comes from.
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#12 page 4
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Gentry/ I am sure they would be very amenable to those
suggestions.
Kubby/ I guess my last one was when-If they are going to be
working on the publIc r.o.w. and they disturb a curb that is on
a corner, will they be required to put a ADA spec. curb cut
there the way we do when we do rehab on a street.
Gentry/ They wlll be required to do what we ask them to do, yes.
Kubby/ So even though it doesn't say specifically here -
Gentry/ Well, it says that they are required to comply with our
regulations and that is one of them.
Kubby/ I would Uke to make sure that we continue discussions on
the landscaping things if something strange-
Nov/ The way I understand it is that there aren't any fees involved
in this. That they are not paying anything.
Gentry/ Correct. We are not charging a fee for a lIcense.
Nov/ Do we charge something for Iowa-Illinois.
Gentry/ No.
Nov/ Property tax.
Kubby/-on $300,000 per year.
AtkJns/ 10wa-IlUnois pay property tax.
Nov/ Do they pay property tax on all the poles In the r.o.w and all of
the wires.
Atkins/ Iowa-Illinois is the largest property taxpayer If I recall.
Nov/ They are paying something. This doesn't say anything about
paying.
Gentry/ No. Iowa-Illinois pays no franchise fee and this company
will pay no lIcense fee.
Nov/ WlIl they pay property taxes.
Gentry/ Yes.
Courtney/Any other discussion.
Roll call-
The resolution is adopted.
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#13 page 1
Courtney! Moved by McD.
Kubby! It can just die for lack of a second.
Horow! That is very true. It can, can't it.
McD! That is one way to defeat it.
Kubby! Randy Is sitting at home-
Courtney! Dies for lack of a second. Comfortable Witll that.
parliamentarians, on tllis one. On a resolution.
Gentry! Yes.
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Agenda
Iowa City City Council
May 11, 1993
Page 13
ITEM NO. 14 - CONSIDER A RESOLUTION ESTABLISHING CLASSIFICATION/COMPENSATION
Q3-IOB PLANS FOR CONFIDENTIAL/ADMINISTRATIVE EMPLOYEES AND EXECUTIVE
EMPLOYEES FOR FISCAL YEAR 1994.
Comment: See attached Pay Plan and memorandum from the City Manager.
Action: V1\. ~1) ) thl/..6
/ k ~) ~Lbluj %
ITEM NO. 15. CONSIDER A RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE
'13 -Ioq POLICE DEPARTMENT.
Comment: See City Manager's memo to City Council dated May 6, 1993 re:
State Traffic Enforcement Grant. This resolution will fund a traffic unit officer.
Action: ~ '~mt-DI fh~
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ITEM NO. 16 - CONSIDER APPOINTMENT TO FILL THE DISTRICT C COUNCIL SEAT CREATED
BY THE RESIGNATION OF RANDY LARSON, APRIL 14. 1993.
~e,; .../-lud) ad IM.(U..J
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ITEM NO. 17. CONSIDER AN ORDINANCE AMENDING CHAPTER 32.1. ENTITLED "TAXATION
AND REVENUES' OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY.
IOWA, BY AMENDING SECTION 32.1-65 TO REVISE CERTAIN FEES FOR THE
RESERVATION, RENTAL. AND USE OF PARKS ANO RECREATION FACILITIES
EQUIPMENT. (FIRST CONSIDERATIONI
Comment: At its special meeting of April 20. 1993 Council decided to appoint to
fill the remaining term of the District C Councilmember seat. Said appointment
would be from May 11 to November 3. with the unexpired seat appearing on the
November 2 ballot. However, a valid petition was flied with the City Clerk calling
for a special election and Council took formal action at a special meeting on May
3 calling for a special election July 13. Council may stili make the appointment
on May 11 but the appointment would be until the July 13 election only.
Action: Ik(i / J-p'/)
I
Comment: Certain parks and recreation fees. particularly those dealing with the
reservation. rental and use of facilities. must be adopted by ordinance. and
specifically delineated in said ordinance. Only certain fees within Section 32".65
are being recommended for adjustment. Other fees, primarily those for
participation In structured recreation activities. are adopted through the normal
budget process.
Fee Increases are needed at this time in order to reduce the need for a property
tax Increase to support these activities. All fees have been voted upon and
approved by the Parks and Recreation Commission. Staff requests expedited
action. First consideration of this ordinance was deferred from the Council
meeting of April 27. 1993.
Action: Y'lIJD / Ih,t~
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#14 page 1
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Cominey/ Moved by II'IcD, seconded by Ambr. Discussion.
Kubby/I had asked Steve some questions and he couldn't get a hold
of me to answer them. So, he is going to answer them.
Atkins/ I will do my best. Let me just take about two or three
minutes to bring you up to date on this issue. You \\111 recall it
has been at least a year ago you authorized a forma!
compensation study for our administrative, confidential and
executive employees. It involves about 97 people. We hired a
consultant and that individual re\1ewed and performed salary
survey and compensation study information for us. As part of
he process all of the employees in this group were required to
fill out rather extensive forms. We have re-written the job
description for all of these positions in order to make
evelything current. That is we want these positions to truly
reflect what these responsibilitles are of the individuals. As
you know, for all practical purposes I represent their interests.
They are not an organized group of employees. Each position
was ,malyzed singly and then after analysis was placed in some
formal grouping like you see in your resolution. Now, when
Karen and I were discussing it, we were trying to identify-I
wanted to be able to identify for here and ultimately for you
just what kind of changes occurred. And I found that it is velY
difficult to be real precise about that because of the fact that
job descriptions were changed. The duties that were
performed by an individual ten years ago. I think last time we
did one of these what they are performing now, while it may
carry the same job tille, the responsibilities are different. So in
a couple of instances you would have an employee that was
grouped with five or sL'\ others within a pay grade. Well,
because of changes, other pc'Ople in tllat pay grade may move
up, may have moved down in some fashion, and so there is a
sorting and sifting process that goes through. This is a group of
employees, again, with 97 employees in this group. There is
probably 80 plus job descriptions because the VdSt majority are
single incumbents. So I am not really sure llJat I can answer
that precisely. What this plan does do is that it meets what we
believe to be all appropriate legal requirements with respect to
selling up a compensation plan. And we cUd a survey to make
sure that these pay ranges for these employees are current
with respect to the market. That is what you have renected in
this resolution. If I showed you a comparison t here may be
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#14 page 2
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some dramatic changes in some. III others there may not be
much at all other than the across tlle board adjustment that I
rccommended in here. We broadencd the rangcs for these
employees. We have many scnior level incumbents in these
positions who havc-what we chose to do is wc have changed
the pay stTuctllre somewhat. )vlost of our union employees
reach the top of their pay range within about four and half
years. This group of employees, it is a broader range, but it
takes seven and half years to reach the top. That is an
important component of this process.
Kubby / Is thc top higher than it was before.
Atkins/ In some instanccs it is higher simply because of the across
the board. But in some instances tlle minimum is lower. In
other words, when we were spreading this thing out and your
incumbent \\111 fit somcwhere in there. No one is outside of a
range. That was part of the study process. It had to be-the
consultants were-
Kubby / No one was outside of a range. I am not quite sure I
understand what you mean.
Atkins/ A range is between $10 and $20. No one can be paid less
than or more than and witl1 this all sorted out. We did use a
team of employees that were represented by this group. They
reviewed with the consultant and recommended on all of tllese
positions. So it was very much a cooperative effort. Othcr than
that I guess I am really not sure what else I need to tell you.
These employees are also all merit. They are not like our union
employees where you have to demonstrate rcasons to deny
increases. In this case the increases can be with held as we see
fit. But it is strictly based on mcrit. Subtle difference on how
these folks are paid.
Kubby / I had asked you about down gradcs. And you had said therc
were just a few positions. Will you talk about that a little bit
and what that means to the individual and what it means to
the position.
Atkins/ Ycs. What it mcans for the position is that the cmployee was
In pay rangc 30 with 10 othcr pcoplc. That when you evaluate
them you make a judgment. That employce for that particular
position and we went by position. You figurc thc cmployee
later on whcn you fit thcm into thc pay. That pay range may
be changcd or adjusted with this survcy. That positlon may
rcmain right there. Other employees in that pay nmge, lets say
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#14 page 3
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there were ten of tllem, Illay have moved aliI. May have
moved to the next pay range because of complexities and
changes in the job. So I can't say to you yes that person went
dO\\~l. But in fact there was a change in that person's
compensation status. No one loses Illoney.
Kubby / For those two positions that went down, what degree did the
grade go down.
Atkins/ Usually it was one pay grade. Usually it is not much more
tllan that
Kubby/ So these people are then fit into a step where, as an
individual, they have not lost any pay check because of this
process.
Atkins/ That is correct That encapsulates sometl1ing that took us sLx
months of work.
Kubby / There are some other issues that I am not able to articulate
about tl10se downgrades and I just need to Iem'n more about it.
Since it is two positions and no individuals being affected
negatively I'll say yes.
Atkins/ Please keep in mind that these employees are paid strictly
on merit. The decreases are not automatic. You-I request of
you annually to adjust the compensation plan. That is your
responsibility to accept the plan and then the supervisOlY
people over these folks make tl1e judgment within guidelines
wIthin the plan.
Kubby/ And I know that you are recommending, although it is not
part of 111e resolution that we are voting on, tlmt they also
participate in the $20 co-payment for family health insurance
coverage. And that is something that you decide. I appreciate
the consistency of Steve doing that but if it is going to be
something that is going to be discussed Witl1 our bOll'gaining
unit, everyone should have to do it but I really am opposed to
that co-payment for family coverage. But since it is not part of
this resolution I will be voting yes.
Courtney/Any other discussion.
Hall call-
The resolution is adopted.
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/115 page 1
C01lI1ney/ Moved by McD, seconded by Ambr. Discussion.
Ambr/ 1f somebody can clarify. The city has been awarded a grant
of $26.000. This would pay for the salaJ}' of one officer. later
in the memo it says we will do this for three years. Would you
please explain that to me.
RJ. Winklehake/ We applied for a grant and this grant through the
Governor's Traffic Safety Bureau is for three years. It is given
to us for three years at a time. 100% for the first year, 100%
for the second year and 75 for the third year. It is a tl1ree year
grant.
Ambr/ So it is 26 and 26 and then-
WinkJehake/ 19 something. And the original is the salary plus
roughly $1,000 for training. And this is a grant that starts
October 1 and we would e,\l)ect to get somebody rolling in this
programming somewhere between October and Febnmy of
1994.
Ambrl The employee would be an employee with regular status like
any other officer.
Wink]ehakel So that whenever the present contract with the union
e,xpires and there is say additional increases in salaries we
would add to that $26,000 the second year and something else
to the 19.
Winklehakellt is possible, yes. We have enough play in there so
that that should not happen during the time that this contract
except when you get to yaw' third year. Don't forget that the
person that is going to get paid out of this is at the beginning
steps of the salary. The person who actually does the work is
an e,xperienced officer. This person replaces that.
Ambr/ Do you keep the e,xcess flUlds. You don't just dole it out. You
won't have to pay the whole $26,000 the first year.
Winklehakel We will be reimbursed through the state for only those
flmds that we spend.
Kubby / So when we vote for this we are also committing for that
25% in the third year.
Wink]ehakel Yes. At this time we would be, yes.
Atkinsl At least a moral commitment.
Kubbyl because I know that it puts us in a position that lor three
years we have this person on line. We have this person
fulfilling a certain function that kind of raises our selvJce level.
It Is very hard to decrease those service levels and in essence
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#15 page 2
we are kind of saying that we are going to sUPP0l1 this person
in infinitum.
Nov/ The fourth year, the sLxth year-
Kubby/ The 200th year. This happens. I me,U} this is how we get
new employees and 111ere is 111e availability of state money but
1-
Horow/ Or the fluke could be that it is up to the chief then to identify
in the fourth year a position I1mt is no longer appropriate.
Kubby / Or to evaluate-evaluating the success or the need for this
position in four years would be helpful.
Atkins/ I must admit to you that I have been encouraging R.J. He
has responded accordingly. Traffic continues to be an issue
I1mt at evel}' otller meeting you have go to deal with one of
those. Particularly when it comes to enforcement. That is a
great deal tllat motivated R.]. to seek out grant.
Kubby/ I wonder what the percentage of our budget in terms of
infrastructure, staff time and staff positions 111at are spent on
cars and traffic. I bet it is-
Horow/ I already asked for that for alcohol.
Atkins/ We did a study internally. it was very infonnal. On what
we spend on transportation related issues and that is buses,
pushing snow, fLxing pot holes, patrolling tlle streets. You
would be surprised how much money tllat as a matter of policy
you deal all the time with transportation related issues. If I
can find them again. We can rough it out for you. It was a
staggering number of the percentage of the budget.
Horow/ It seems like this would be interesting for the public to
know. I would live to have the Press Citizen follow up on the
alcohol problem and find out how much money 111e tax payers
pay to baby sit.
Courtney/ This is for salary. I assume we are going to have to
provide a vehicle.
Winklehake/ By taking a look at the budget I believe the equipment
we will be able to take care of that with the present budget
that we have. So that is not a problem as far as the equipment.
We will be able to handle that with what we have.
Courtney/ We don't need another car.
Wlnklehake/ We had planned for a car in this coming years budget.
What we will do is just take that and instead of using it for a
normal patTOluse it this Instead/. One of the 111ings we hope to
do is impact three of our largest accident locations In the
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#15 page 3
comJllunity with this particular program. We attempted 10 do
some of the kinds of things we want to accomplish here in the
past but it would be with people that we have on the streets
that are available to handle emergency calls. We have never
been able to take them and use 111em on that kind of a situation
that we want to do the tIaffic enforcement. They are always
getting ccllIed off. This will get us somebody that we can
devote to that and see the ones that we can really impact the
accident and some of the other speeding problems.
Kubby/ Around the schools.
Nov/ Driving through the school zones at 20 m.p.h. ,md everybody
wiII stay behind him and keep our speed limit.
Horow/ Then send him to Kirkwood and drive 25 m.p.h.
Winklehake/ You should see our speed zone-our signs coming back.
They are going to be conting back out on some of the stIeets
again. We just haven't had the opportunity to put somebody
out there because we had a change in our conlll1unity service
officer.
Courtney/ Any other discussion on tltis item.
Roll call-
The resolution is adopted.
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#1(, page 1
Couttney I
Gentry I You need to take final action on this because it is state law.
Courtneyl Moved by Horow, seconded by McD. Discussion.
Kubby I What is the Illotion.
Horowl The Illotion is move to adopt tJle appointment to fill
dislIict C.
Keml You haven't made the appointment
Courtney/l took it to consider an appointment.
Kan"! That is exactly light.
Horowl Move to consider the appointment.
Genl1)' lIs there a second.
Courtneyl Yes. Horow/McD. Discussion.
Kubbyl We shouldn't do it
lIorowl We should but unfortunately-
Kubbyl Out' wonderful city charter got kicked in and it doesn't
matter if people really like it or not We are going to-
Novl]ust like planning an election lets not make an appointment
lIorowl Good point
Courtney 1 Any other discussion.
All in favor. All opposed (ayes)
MotJon fails.
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#17 page 1
COUltney/Moved by McD. seconded by Ambr. Discussion.
Kubby / I will be abstaining from HIis vote because some of the fees
talked about in this ordlmmce are having to do with the
pottery studio. Price per clay and I purchase tllose items and
feel that it is a direct conniet I would not feel comfortable
votjng on t11is.
Courtney/And I intend to vote no on this. There is one fee in there
that is being doubled and I just have real problems with us
holding off on increases until it becomes necessary in some
people's eyes to double the fees. And I always hear about it
later, t11en.
Ambr/ What is that
Comtney / It is a meeting room at the Hec Center is belng increased
by 100% and I am sure that we are going to hear about it from
groups that have used it in the past and are now being asked to
pay twice as much. Any other discussion.
Hall call-
Ordinance passes first consideration, Kubby abstaining and
Courtney voting no.
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Agenda
Iowa City City Council
May 11, 1993
Page 14
ITEM NO. 18. CONSIDER AN ORDINANCE AMENDING CHAPTER 32.1. ENTITLED "TAXATION
AND REVENUES' OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY.
IOWA. BY AMENDING SECTION 32.1.70 TO REVISE FEES FOR TRANSIT
VEHICLE CHARTER SERVICE. (SECOND CONSIDERA TIONI
Comment: The proposed change Increases the fee to charter a bus from $35.00
to $45.00 per hour, Including both operator and vehicle. This increase is
proposed to become effective July 1, 1993. All other fees and fares are proposed
to remain the same.
Action: 11'\ to J ~
/ '
~J~lIlf
)/.J/t~ %
ITEM NO. 19 - CONSIDER AN ORDINANCE ADOPTING THE 1991 EDITION OF THE UNIFORM
93- 3S7~ BUILDING CODE. AS AMENDED. SAID CODE TO BE KNOWN AS THE IOWA
CITY BUILDING CODE. (PASSED AND ADOPTED)
Comment: The Board of Appeals has reviewed the 1991 Uniform 8ullding Code
and has suggested several amendments to accommodate local conditions and
practices and to provide for enforcement.
Action: ~ O1M'ePu ~,j. /I) J,,, ,~A:a) (1lol'v %
Ihlt.06 e. I /M..v
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ITEM NO. 20 - CONSIDER AN ORDINANCE ADOPTING THE 1991 EDITION F THE UNIFORM q
Cj~- :'5 7~ MECHANICAL CODE, AS AMENDED. SAID CODE TO BE KNOWN AS THE IOWA
CITY MECHANICAL CODE. (PASSED AND ADOPTED)
Comment: The Board of Appeals has reviewed the 1991 Uniform Mechanical
Code. The Board recommended codes changes substantially similar to existing
amendments in force.
Action: :fu:D J fJ.-,lW,
I
~ oj Q./
~ ~/o
ITEM NO. 21 . CONSIDER AN ORDINANCE ADOPTING THE 1991 EDITION OF THE UNIFORM
93 - ~ '),1\- FIRE CODE. AS AMENDED. SAID CODE TO BE KNOWN AS THE IOWA CITY FIRE
CODE. (PASSED AND ADOPTED)
Comment: The Board of Appeals has reviewed the 1991 Uniform Fire Code and
suggested several amendments to accommodate local conditions and practices.
Action: ~ A-w.-b / ~\' ()
,
p'UJJ
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#18 page 1
COUltney! Moved by McD, seconded by Nov. Discussion.
We have someone here this evening from the state who has
some information on this item that has been questioned at the
last couple of meetings about the registration of the
contractors. Can you identify yourself to the rest of council and
your position.
Chuck Sirna! With the Iowa Division of Labor, State of Iowa, Project
Coordinator for Project Registration, Chapter 9IC of the Iowa
Code. I underst,md there were some questions that I need to
be able to help and ask. Of I Gm give you some information.
Kubby! Some people had asked us about the possibility of including
in our UBC that we require people to have this registration
number to make sure that they are indeed paying their
subcontractors in the appropriate way and their employees in
the appropriate way is tile bigger issue. Some of us had
questions about how cumbersome is this. Is this something
tlJat is done in other communities. How would it actually work
in our inspection office.
Sirna! It wouldn't be too difficult task to take on because I, off the
top of my head, I would say there is approximately between
40-50 or maybe more now cities that have adopted the more
or less the contractor registration requirements in their
building permit section or permits and licensing or whatever
categol}' that you put this in. And all they do is require that
they show proof of contractor registration in which tiley should
have a certificate number on it showing proof that they
registered contractor in the State of Iowa. It is an enforceable
law, by t11e way, with the State of Iowa. And all contractors
that are not registered if they are found working on sites wiII
receive a citation with penalty for not being registered.
Working with the cities I spoke to several different cities.
Cedar I~apids. Now I am in Iowa City. I have been up to Sioux
City. Oscaloosa. Places like that trying to answer some of these
questions. What they have been doing if this is what you want
me to say is that they have incorporated into their
administrative rules that show proof of registration. They also
have some information from our department which I have
brought along this evening ,md we have a poster that you can
put in your department where you seek a building permit
stating where they can cail and who they can call. One is a toll
free number to become registered. Part of the registration
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#18 page 2
dealing with the cities does fall into the Iowa Building Code and
I won't get into that because I am not an attorney. Some of the
Iowa Building Code that when a city adopts a code, the State of
Iowa Building Code, or parts of it to enforce certain categories
of the buJlding aspects they basically would falllll1derneath
one of the requirements which is in the code, in 111e bUilding
code, which is Chapter 103 A and I have a copy and I would be
glad to leave 11mt to whoever needs to look at this. And we fall
in there to a certain part. They have a section in there to prior
to issuing permits, licensing, certificates, and, of course it says
in there, contractor registration Chapter 91 C of the code.
Kubby I So does that mean 11mt if I go in and I want to get a bUilding
permit and I am a contractor it is just another line on the form.
I can put my number down. And somebody from the City of
Iowa City Inspection office can get a computer generated list
once a month, once a week or whatever that has all the names
and numbers of contractors to verify that that number is a
legitimate number and that is how you confol1l1 it.
Sirna! To answer the first part, however you choose how to deal with
the show proof of registration is one way. Like you said you
could put something in YOlU' permit section or whatever you
want to do to show proof. The 0111er is yes we have a list of
contractors available and unforttmate part about that is that
we are up to over 10,000 registered contractors and 111eY
change daily because registration-every year we register.
Contractors have to be registered for two years but we re-
register evel)' year. Odd and even more or less. So the list
11mt we have which can be generated that we can have a print
out will change daily. It wouldn't be accurate.
Kubbyl Can IVe be plugged into yom' computer to verify on that.
Sirnal Unfortunately no.
Kubby I Is that something that will be on-line.
Sirnal I would like to say yes.
Kubby I That would be great if we could just dialup.
Sirnal I would say at this time, no.
Courtl1eyl What kind of fee do 111ey have 10 pay to be registered.
Slrnal $25.00 every two years. It Is hi-annual.
Courtney I Seems reasonable.
Ambrl What are the criteria. What are they proving up to the State
of Iowa when they register.
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Sirna/ There are two things that 111ey prove up 10 and one is
registration-the contractor registration law was passed in
Febl1lary of 1988. Went before the senate and was passed
before the senate. Then it went to the Governor and sL\:
months later he signed the bill and we started enforcing it '89.
That is when we started. It started out as a tracking device for
Job Selvice of Iowa for non-compliance. Contractors that are
not in compliance with laws and worker's compo and their
responsibilities. There is a great revenue loss there. This is
what started to generate part of it. Once this program got off
the ground it stm-ted generating other things and we have
uncovered more or less- I will use the word uncovered or
exposed contractors that were fraUdulently doing business
wrong and owed the State of Iowa several thousands of dollars.
There have been several contractors that have been caught up
with aU of this and that is a tracking device of job service
because once of the requirements to be a registered contractor
is you have to have an Iowa Employer Account Number. And
that if you have employees you have an active Iowa Employee
Account Number. For contractors that do not have employees
and are self-employed or work alone or is sole owner or
partnership lmd they don't have employees they stm have to
have an Iowa Employee Account Number so we have-Job
Service has used the numbers. It is called the 9,000 series.
That means an unliable number. That is computerized. We
have got that in our system. And this is baSically what started
it. Any other course to know how many contractors we have in
Iowa And then the third part of it. I forgot this part of it. I'm
SOl1'Y. Was for out of state contractors also have to be
registered doing work in Iowa. Out of state contmctors also
have to proVide a 5% surety bond of their contmct price or
they can provide a $50,000 blanket bond which covers a $1
million of work. They, too, also have to be registered. That is
part of the other thing that brought this in because we have
out of state contractors that come into he state of Iowa and
perform some sort of work duties and would leave the slate
owing the state some sort of revenue or owing somebody some
revenue. So it is a one hanel talks to the other hand. In other
words it helps the city people track contractors if need be. We
getnulllerous cnlls weekly from different parts of Iowa in
cities asking if we have the contractor registered. If so, do you
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I
have a current address and phone number or something like
this. And we can go in depth on t11at. That is basically how it
is started.
Ambr/ Just so I can clarify in my own mind. You use the term
possibly could be used interchangeably with something else.
You said the state of Iowa was losing revenue because of the
lack of worker's compensation. Did you not mean the lack of
the unemployment compensation which is a tax as opposed to
the worker's compensation which is really a voluntruy-the
contractor does not have to cany worker's compensation.
Sirna/ Absolutely. Thank you for correcting me.
Gentry/ 1 was wondering. You are talking about unemployment
insurance.
Sirna/ Unemployment tax I guess.
Ambr/ I could see how they could lose revenues there. I could see
the benefit to the registration locally because you can have-we
see it quite often. An individual sole proprietor will declare
him or herself. You know, it could be a stick carpenter who is
asking as a general and he is saying that these people that are
working for me are going to be here tomOlTOW at my direction
at 7:00 Al\'l and will work tmtil 4:00. They are not employees
but are independent contractors. But you and I know that in
fact they are employees.
Sirna/ That is exactly, sir.
Ambr/ Therefore they don't want to calTY worker's compensation
insunUlce. But they are compensable. The industrial
commissioner will tell that contractor every time that if that
employee is injured you will pay the benefits. There is no
doubt in my mind what is going to happen. From that
standpoint I can see the benefit to the unsuspecting pubic of
having at least one more security in having the local
organization, if it is possible for us to police it. Sounds like it is
being done elsewhere in the state. To require that registration.
We have a gentleman, I don't know who he is. I don't know his
name. We have received a couple of packets from him. I know
Bill. Patrick Hughes. He highlighted the contractors who have
taken out permits. And eveJyone that he highlighted are
legitimate long term general contractors in the Johnson County
area. There were others that I didn't recognize that weren't
highlighted but I think in some of those cases of those building
permits the individual property owner can take the building
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1118 page 5
I
permit in their name rather than have the contractor take it.
So I couldn't really get a feel for how many contractors are
doing business that aren't really registered. But if that is five
or ten it is still too many.
Nov! What do you do if the individual homeowner applies for the
penuit.
Sirna/ Good question. The law also, in Chapter 91 C of the Iowa Code,
I won't go down which standard it is because I am going to
leave you a copy of the code. A homeowner-a prorate owner, I
use the word property owner-tlley do not have to be registered
as a contTactor. You yourself may own a piece of ground and
you are going to build a garage YOlU'self personally or your
family is going to help you build it You do not have to be
registered. When the registration comes into place is when you
hire somebody to come in and put concrete work In or put a
roof on or etc.
Nov/ Well I am going to apply for a permit to build a house. It is
going to be my house. It is going to have my name on the
penuit but I am not about to pour concrete. I am going to hire
somebody to do it.
Sirna! That ,person has to be registered as a contractor.
Nov! But does my building permit ask for all of the contTactors. Does
it ask for all tllOse numbers of registration.
Sima/ I couldn't answer honeslly. I don't know. That would be up
to the permit division. The best of my knowledge and from
what I am finding out dealing with this for a few years now.
Homeowners do come in and get their building permit and they
don't specify what.who is going to do what unless they are
asked. There Is only certain
CHANGE TAPE TO REEL 93-50 SIDE 1
Once the bid Is submitted, the way I understand it, then they
have to show the general gets the project or the _____ gets
awarded a contract. Then he or she has to show who all their
subcontractors are and what they are doing. That is the only
division I know that does Ihis. As far as on a city level I don't
think so. The only thing that ____ would be tat you are not
responsible for haVing a registered contractor do your work.
But the contractor is responsible for being registered. That is
what we are tTying to get out. The boll om line are you a
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1118 page 6
I
registered contractor. If so, what is your number. If not call
our department. If you are in doubt.
Ambr/ As the individual property owner, Mrs. Nov, would in affect
could be her own general contractor and go out and hire each
individual sub.
Sirna/ Correct She could be her own individual contract and hire all
the suns that she wants and she still does not have to be
registered. It is her property.
Ambr/ So it is not fool proof. It is close.
Sirna/ It is close. Hopefully dO\\~l the road as this progresses-
Ambr/ We do have the other safe guard that at certain stages of
your addition of your home oW' building inspectors will come
calling to see if it being done according to our building code.
Sirna/ I am glad you brought that up because that is something I
was going to address to you. As long as you are in this limbo
stage I guess you would call it or you are thinking about what
you want to do. It would be probably a suggestion. I am not
telling you what to do. You educate your building inspectors so
Jim Jones comes in and says I am going to build a garage. Me,
myself on my property. And he goes builds a garage. And the
inspector comes in and stm1s doing his inspection mld says who
is doing the concrete work and he says so and so and so and so
is doing the concrete work. Well then he knows that he is not a
contractor. The person who is doing the concrete work is a
contractor but he is not registered. Then you can deal with it
form 11lere. What the cities usually do, by the way, is they will
call us. 'vVe have a toll free number. And I am going to leave
some of these posters here. You can put 11mt in your building
permit division is you would like. You can call anytime. We
have got three people in the office. I have a secret my there
and she is there all of the time. !\'1ost of the time. And all you
have to do is give the contmctor's name, who you want to know
is registered or not and if they are on the system, whatever
you tell us we will put into the computer and if' it comes up on
the register we can tell you. II' they are not we can tell YOll
they are not registered.
Nov/ r have one more concern about this. The way I understand the
procedure, anyone who hands in the paper work and a check
for $25 is a registered contmctor. So if I hire somebody who is
on the registration list I a III not necessarlly that this somebody
knows his job.
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#18 page 7
I
Sirna/ That is true, unfortunately. We haven't go that far in life in
Iowa that we have licensed contractors. We do have some
liccnsed contractors but we don't license contractors yet
Though somc state do. Somc of thc states require all
contractors no matter what they do to be licensed. The only
ones that I recognize in Iowa are your clectrical contractors
and that is usually based on city or county level ,md your
mechanical contractors. They have to be licensed. And of
occurs now we have got thc asbestos licensing contractors.
Kubby/ I actually have a suggestion on how we can be what people
think.
Atkins/ First, Steve, did we have anymore input from staff level on
this that you wanted to get out.
Atkins/ No. We talked at staff meetin!l-_____you have already
raised. The issues that we have raised. When we talked about
it at staff Linda said lets hold it. Let her go back, read the law,
become llluch lllore familiar with it because we found
ourselves sort of bC'ating arOlmd on the subject and not
knowing what we can and GU1110t do. One of tJle questions tJmt
arose was we found ourselves there are all kinds of ways to get
around it What kind of legislation would YOll need to have
that would help fulfill YOlU' interest in doing tJlis and still allow
us to reasonably fulfill the construction aspect of this process.
We send a building inspector out to review the concrete work.
We normally devote our time to whether the concrete work
fulfills the code. End of conversation. We don't take it any
further. And if you ask us to take it any further that in fact is
something we have to think about. How we go about doing it
Courtney/ Certainly sounds like that we have several cities that we
can contact to see how they have done Jt.
Gentry/The city I had was.you have a list of cities that have actually
adopted tJle provision in their code. Because the city I called
did not.
Sirna/ Whcn we first started I had a list that I believe was 27 cities
that had adopted the Iowa Builcling Code.
GentlY/ That incorporates that provision by reference, right? Can
you just rattle olT.
Sirna/ I can rattle off some cities that have put it in their
administrative rules jf that is what you want to know.
GentlY/ I understand. Wc could easily adopt this as a procedure. I
mean, that is easy. J:bug just passes a rule. That is simple and
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#18 page 8
that is what Dubuque is doing. But the issue I1mt I though was
on my table was whether you could incorporate it into the Code
itself. Those cities are the names that I need. Not the rules.
Sirna/ Okay.
Gentry! I need the cities that have it in their code.
Sima! Cedar Rapids. Dubuque.
Genhy! No. Not Dubuque.
Sima! Davenport. Dubuque, they may have just recently done it. I
do know that we get numerous calls from Dubuque, Iowa and
the City of Dubuque refuses to issue a building permit to a
contractor that is not registered.
Gentry! It is in 111eir rules but not their code.
Sirna! Okay. I am sony. Davenport won't issue a building permit.
Now I believe it is in their rules. You might check Davenport.
am thinking Siom; City.
GentlY! My guess is that it is in tlleir rules.
Sirna! Cedar Hapids was one of the first ones that took a hold of this
and I can give you a name if you want to talk to somebody
there.
GentlY! I think I ,un beginning to understand what is going on.
COill'tney/ You are not really comfortable with us amending this
particular item.
gentry/ No.
Courtney/ You would rather have us pass it and go back to it.
gentJy! You would substuntially be changing the code. This is your
third reading. You would have to start over.
Kubby / I would like to suggest that we vote this in and 111en as we
ask the Board of Appeals to review the issue of sprinkler
systems that we also ask (hem to review this issue. Give staff
some time to talk about the logistics of getting the intent that
we have to make sure people are paying their unemployment
tax. hat they are paying their people worker's compo To really
understand the issue and make sure what we implement is
something that is going to be as rounded as we want and 10
find out how logistically we do it And I would act ually like us
to direct the Board of Appeals to look at this within a four
month time frame or something. I had talked to Ron Boose
aboutlhat and he thought that was not a problem at all. .Just so
it wasn't kind of lingering. So if no one objects I would like to
put that addl1Jonal four month thing on there so we have some
expectation about when it comes back to us.
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1118 page 9
I
Gentry/I am still looking for the home rule issue. If anyone can shed
any light on that I would appreciate.
Sirna! Let me add one thing to this while I still have it on my mind
while you are discussing what you want to do. IS that, first of
all, I want you to totally understand that you folks do not
enforce the law. When I say do not have to enforce the state
law. We have problems with that where the cities thought
they had to enforce a law that wasn't theirs.
Gentry/ We know that
Sima! And believe me some of them thought they had to do it and
this is where we had some discussions and misunderst,mdings.
You do not have to enforce the law. All we are asking is that
you try to make knowledge to your contractors locally or
wherever they come from that there is a registration law in the
State of Iowa. This is an enforceable law. And to simplify
things for you folks, if you should choose to do this and if-the
best thing to do in tl1e world is just somehow notify the person
that is coming in to get a building penult I1mt are you aware
that there is a contractors registration law. If not, give them a
phone number, point to tJ1e poster and let them call and check
us out. Or if you hear somebody say that I am a registered
contractor and then they come up with a J1tuuber all you got to
do is call our department and we have a toll free umber. That
is about as simple and as easy witJJOut causing a lot of c,xtra
work for ,my city administrations.
Kubby! lf you could leave the code and the poster and maybe a card
with Linda that might be helpful.
Sirna! I wm leave you the posters.
Gentry/ I have the '93 code.
Sirna/ And I have the registration law and I noticed because I am
not in your office very often any more that They have got in
here and I am going to pencil it oul. The fees they have got
$12.50, it is $25.00 for two years. Doubled it again. It was
$12.50 for one year so they made it $25. I will give you a copy
of that and this and I don't know if.I had the attorney pull this
out of the Iowa Code for the State Building Code. I will throw
that in so YOll folks can look at tJml. And if you would like I
will leave a copy of the things that we sent out to Ollt of state
contractors. The bonel. There is a copy of the bonds in there.
You can use this to look at. I will leave YOll with a Iowa
Contractors Hegistration Form and the ,/ob Service Form which
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is attached to it. If YOll have any questions, here is my card.
Feel free t call the office and ask for myself I' Contractor's
Registration and the other person that I want to bring up. You
can contact here. Her name is Cindy Toffolmier. She is legal for
Contmctor's Registration. Cindy Toffolmier I will spell it. I am
not sure I have it right. I believe it is TOFFOLMIEH. She is the
attorney for-
Gentry/Is she in the AG's Office.,
Sirna! No. She is in our office. She is a divisional labor attorney for
Commission of Labor. And once again you can get a toll free
munber. You can call her through this number. I told her
tonight that she may be getting phone calls because once again
I don't claim to be an allorney. I can't answer some questions
without truthfully giving you the right answer.
Kubby / Thank you vel)' much.
Com"tney / I appreciate you making the trip in to clarify some of this
for you.
Sirna! I appreciate you letting me come down and speak to you. do
you want me to sign this....my first name is Saverio. hank you.
My middle name is Charles so I go by Chuck.
Courtney/ Any other discussion on this item.
Kubby / I guess if people are interested in tilis issue it is going to go
to the Board of Appeals. So if you have input timt would be the
place to give your input at this-
Courtney/ Roll call- (yeses)
Karl'/ Could I have a motion to accept the correspondence tonight.
Courtney/ Moved and seconded (Kubby / Ambr).
All in favor (ayes).
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Agenda
Iowa City City Council
May 11, 1993
Page 15
ITEM NO. 22. CONSIDER AN ORDINANCE ADOPTING THE 1991 EDITION OF THE UNIFORM
')3- ~515 CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS. AS AMENDED. SAID
CODE TO BE KNOWN THE IOWA CITY CODE FOR THE ABATEMENT OF
DANGEROUS BUILDINGS. IPASSED AND ADOPTED)
Comment: The Board of Appeals has reviewed the 1991 Uniform Code for the ,!
Abatement of Dangerous Buildings and recommended changes substantially
similar to existing amendments in force.
Action: J4to J V1.P:fLI ~Jt.)
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n0D %
ITEM NO. 23. ADJOURNMENT.
.
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City of Iowa City
MEMORANDUM
DATE: May 7, 1993
TO: City Council
FROM: City Manager
RE: Work Session Agendas and Meeting Schedule
May 10 , 1993
CITY COUNCIL WORK SESSION CANCELLED
Monday
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;
,
, May 11, 1993 Tuesday
6:30 - 7:30 P.M. City Council Work Session --Council Chambers
6:30 P.M. Review zoning matters
7:10 P.M. - Melrose/Mormon Trek Intersection
7:15 P.M. - Council agenda, Council time, Council committee reports
7:25 P.M. - Consider appointments to the Riverfront and Natural
Areas Commission, Board of Library Trustees, Parks
and Recreation Commission, and Board of Appeals
7:30 P.M. - Regular Council Meeting - Council Chambers
Hay 21, 1993
8:00 A.M.
Friday
- Special City Council Meeting - Council Chambers
Separate agenda posted
May 24, 1993 Monday
CITY COUNCIL WORK SESSION CANCELLED
May 25, 1993 Tuesday
7:00 - 10:00 P.M. City Council Work Session - Council Chambers
Discuss Capital Improvements Program
PENDING LIST
Appointments to the Historic Preservation Commission and Board of
Appeals - June B, 1993