HomeMy WebLinkAbout1993-07-20 Agenda
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IOWA CITY CITY COUNCIL
AGENDA
REGULAR COUNCIL MEETING OF JULY 20, 1993
7:30 P.M.
COUNCIL CHAMBERS, CIVIC CENTER
410 EAST WASHINGTON
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AGENDA
IOWA CITY CITY COUNCIL
REGULAR COUNCIL MEETING . JULY 20, 1993
7:30 P.M.
COUNCIL CHAMBERS
ITEM NO.1. CALL TO ORDER.
ITEM NO.2.
ROLL CALL.
CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED
OR AMENDED.
a. Consider approval of Official Council actions of the regular
meeting of July 6, 1993, as published, subject to corrections, , ,
as recommended by the City Clerk. il
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b. Minutes of Boards and Commissions. I:
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(1) Civil Service Commission meeting of July 1, 1993. II - 11
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(2) Library Board meeting of June 24, 1993. :! '"
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(3) Riverfront and Natural Areas Commission meeting of , l\ ~ "
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June 16, 1993. :1 . I::
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(4) Historic Preservation Commission meeting of June 9, I ,1
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(5) Broadband Telecommunications Commission meeting I
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of June 16, 1993. I
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(6) Housing Commission meeting of May 11, 1993. I'"
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(7) Housing Commission meeting of June 8, 1993.
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I c. Permit Motions and Resolutions as Recommended by the City
Clerk.
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(1) Consider a motion approving a Class "CO Liquor
License for K.J. Enterprises Co. dba Gas Co. Inn,
2300 Muscatine Ave. (Renewal)
(2) Consider a motion approving a Class "CO Liquor
License for JamesJ. Tuckerdba Tuck's Place, 210 N. , '
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Linn St. (Renewal) ,
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Agenda
Iowa City City Council
Reguler Council Meeting
July 20, 1993
Page 2
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(3) Consider a motion approving a Cless "C" Liquor ,
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License for 6:20 Inc. dba 6:20 Club, 620 S. Madison I
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St. (Renewal) I'
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(4) Consider a motion approving a Class "E" Liquor I
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License for Hy-Vee Food Stores, Inc. dba Drugtown
#2, 1221 N. DOdge St. (Rl!newal) I
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(5) Consider a motion approving a Class "E" Beer Permit 1 I
for Hy-Vee Food Stores, Inc. dba Drugtown #2, 1221 i'i
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N. DOdge St. IRenewal) "
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(6) Consider a motion approving a Class "C" Liquor ,I
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License for Maxies, Inc. dba Maxies, 1920 Keokuk. I II .
(Renewal) Ii l.
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(7) Consider a motion approving a temporary Outdoor I -}
Service Area for Maxies, Inc. dba Maxies. 1920 II
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Keokuk. 17/29/93 - 7/31193) , j\ .~ . .. ~ '.:
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(8) Consider a motion approving a Glass "C" Liquor j I '.1
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License for Field House, Inc. dba The Field House, I i
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111 E. College St. IRenewal) t "
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~3 -/'1"/ 19l Consider a resolution to issue Dancing Permit to I.
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Maxies, 1920 Keokuk; 6:20, 620 S. Madison; The 1 I
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Field House, 111 E. College. I
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(10) Consider a resolution to issue Cigarette permit to ,
Osco Drug Store #2393, 2425 Muscatine Ave.
I I 9!, l<ir. (11) Consider a resolution to refund Dancing Permit to
,..-' Loyal Order of Moose Lodge 1096, 950 Dover St.
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Agenda
Iowa City City Council
Regular Council Meeting
July 20, 1993
Page 3
'13 -1{1
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d. Setting Public Hearings.
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(1) CONSIDER A RESOLUTION SETTING A PUBLIC
HEARING ON AUGUST 3. 1993, ON THE PROPOSI.
TION OF THE ISSUANCE OF $700,000 GENERAL
OBLIGATION BONDS OF IOWA CITY. IOWA. TO PAY
COSTS OF RECONSTRUCTING AND IMPROVING THE
ROBERT A. LEE COMMUNITY RECREATION CENTER
INCLUDING REROOFING AND REPLACEMENT OF
FLOORING, PROVIDING FOR PUBLICATION NOTICE
THEREOF AND INSTITUTING PROCEEDINGS TO
TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF
THE BONDS.
Comment: This resolution sets a public hearing on
August 3, 1993, to receive oral or written objections
from any resident or property owner regarding tha
issuance of $700,000 General Obligetion bonds to
pay for replacing the roof and also floor tile replace-
ment at the Robert A. Lee Community Recreation
Center, approves proceeding with the bond issue and
authorizes the City Clerk to public notice of public
meeting. The actual selling of bonds will not occur
until later this calendar year. This resolution allows
the City to be reimbursed for costs related to this
project after bonds are sold.
e. Motions.
(1) Consider a motion approving a letter certifying popula-
tion of areas recently annexed into Iowa City.
Comment: For roed tax purposes, the Iowa Code
requires that the Meyor and City Council certify the
populetlon of newly ennexed areas to the State
Treasurer of Iowa. The July 20, 1993. letter to be
signed by the Mayor certifies the population of the
ennexed areas on the east edge of Iowa City: Wind-
sor Ridge = 0 population, Lyon tract = 4 population,
and Mitchell = 0 population.
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Agende
Iowa City City Council
Regular Council Meeting
July 20. 1993
Page 4
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f. Resolution.
(1) CONSIDER A RESOLUTION AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST
THE RELEASE OF A LIEN REGARDING A PROMISSO.
RY NOTE FOR PROPERTY LOCATED AT 900 CLARK
STREET. IOWA CITY. IOWA.
.
Comment: Tha owners of the property locate!! at 900
Clark Street received a three year no-interest loan for
$1.197 through tha City's rehabilitation program on
July 31. 1990. The loan was paid in full on June 26.
1993. and the lien can now be released.
g. Correspondence.
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(1) Letters regarding the Neighborhood Open Space Plan
from:
(a) Cam and Kathy Campbell
(b) Katy Carlson
(2) Letter from the Iowa City Community School District
regarding SEATS services to persons with disabilities.
(3) Letter from Mary Lewis. ~resident of the Grant Wood
Neighborhood Association regarding crossing at
Fairmeadows and Highway 6 intersection.
(4) Letter from Tom Slockett regarding a satellite eerly
voting station at University Hospitals.
(5) Memorandum from the Civil Service Commission
submitting a certified list of applicants for the position
of police officer.
(6) Memoranda from the Traffic Engineer regarding:
(a) Parking prohibition on Glendale Road from
Ashwood Drive to Heather Court.
(b) Parking prohibition on Glendale Terrace.
(c) Perking prohibition on Glendale Circle.
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Agende
Iowa City City Council
Regular Council Meeting
July 20.1993
Page 5
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(dIOne-hour parking in the 400 block of East
College Street. '
h. Applications for Use of Streets and Public Grounds.
(11 Application from Craig Carney. Racquet Master. for
the use of public sidewalks for Sidewalk Sales on July
15.16 and 17.1993. (approvadl
(2) Application from American Heart Association to hava
the "Heart Ride" on July 10. 1993. (approved)
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i. Applicetions for City Plaza Use Permits.
(1)
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Application from International Socialist Organization to
set up a table on City Plaza on July 10. 1993. to
distribute information and solicit signatures on a
petition. (approvad)
(2)
Application from Grace Trifaro to have a candlelight
vigil for homeless animals on the City Plaza on August
21. 1993. (approved)
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(3) Application from Billy Howell-Sinnard for permission to
set up a table on City Plaza on July 2, 1993. to
distribute free literature. (approved)
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(41 Application from Molly Leahy for permission to set up
a table on City Plaza on July 19. August 17 and
August 23. 1993. to solicit signatures on a petition.
(approved)
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(51 Application from the Senior Center for permission to
set up a table on City Plaza during the period of
August 2-6. 1993. to offer raffle tickets for a quilt for
a fund raiser. (approved)
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(61 Application from Debra Conklin,lowa City Ecumenical
Peace Committee. to gather at the peace pole on
August 8, 1993. (approved)
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#2 g.(6) page 1
Courtney/Before we go to the motion I would like to pull from the consent calendar
item g.(6) a.b.c. We will consider that at a later time.
Kubby/l would also like to pull out item c. (8), the liquor license for the Field House
for a separate discussion.
Courtney/Moved and seconded (Ambr/Horow) to adopt the consent calendar as
amended. Discussion.
Horow/ Yes. I would like to comment on the item g,(6) a.b.c that we pulled to do
with parking prohibition on Glendale Road, parking prohibition on Glendale
Terrace and Glendale Circle. These three items will be worked with the
schools, city council safety committee and the neighbors in the area. So that
all the neighborhoods around the City High School will be involved in working
out some sort of solution for the parking problem in that area.
Courtney/ Steve, like t have Marsha put together some sort of a summit meeting as
soon as we can between all of the parties affected on this.
Atkinsl Okay.
Courtney/ We need to get a resolution on this before the school year begins which is
August-
Atkins/ We will start right away.
Kubby/I would like to request that not just the student body president as part of the
PO but other students have access for this,
Horow/ Right. Karen the superintendent faxed material over tome today from the
Little Hawk in which the student editors and some of the contributors talked
about this problem and some of the solutions that were either suggested by
students or not followed up. And so all of these I think will have some input.
Courtney/ For those of you that don't know what we are talking about here, the City
High is putting in some new parking prohibitions this year which the neighbors
feel like will force parking off into the neighborhood streets and it is going to
be a fairly hotly debated issue in that particular area of town. We are trying to
put together some sort of compromise before it gets there.
Any other discussion.
Roll call-
For separate discussions item c.(8)-
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#2 page 2
Kubby! I had asked for some statistics last night about how many violations there
were at the Field House and how many of them dealt with underage drinking
and ideally I would like to have them separated out to age categories and
maybe Steve can let us know what he found out.
Atkins! We rdn a printout this afternoon and from January I of this year to current we
have 97 case file numbers with respect to violations at the Field House and
give or take one or two 73 of which appear to be possession or consumption of
alcohol by underdged persons. There is a variety of other complaint~
throughout.
Kubby! Are these convictions of these violations. Just citations.
Atkins! These are citations and case file numbers. The dispensation of each one of
those, we can look up separately. We have to take that through the courts.
Karen had asked earlier in the meeting how can I split out and I could but we
would have to go through and sort it in a different fashion trying to find if
there are any consumption complaints for individuals under the age of 18, I
would have to go back and do that for you separately.
Kubby! My concern is that most of those are under 18 and there is something we can
do in terms of recommending denial of the license. Even though we kind of
feel resigned to the fact that the commission in Des Moines will grant it, it
doesn't mean that we have to say yes to it. And so I guess for me it is
important to have that information before we make that decision. I don't know
when their license actually expires.
Courtney! Steve do we have it broken down on closer timing like from March to now
or May to now. Has it slowed down.
Atkins! March and April were to two worse months. I am looking at dates showing
three and four on them. Clearly March and April were the two worse months.
May it settled down and the last complaint was around June 24.
Nov! And what is your total number of months involved in your report.
Atkins! January 1 to date. So approximately six full months, almost seven.
Horow! When is their license up.
Karr! I believe it is the first week of August. I would have to check but I believe it is
August 8.
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#2 page 3
Kubby! So if we defer this to get more information we would still be okay because
our next meeting is August 3.
Karr! Without checking. I was not prepared that this question would come up so I
would have to check the sate on it. I would be happy to do that and I would
be happy to do that and I could do that within minutes but right now off the
top of my head I don't know that it wouldn't affect it.
Kubby! Can we go on to other business and have Marian check that.
Horow! I am willing to do that. I really am.
Kubby! I don't want to-I don't know if my decision would be different or not and if
they would lose a couple days of business but I guess I would want that
information.
Horow! I want to be fair enough about it but I also want to be-
McD! What are you looking for, Karen.
Gentry! You don't have the option of sU~'PCnding their license at this point.
Kubby! Can't we vote no to renew the license because of the under 18. I thought that
that was an option,
Gentry! Your powers over renewal are entirely different from the memo I sent you on
approval. There is a summary proceeding that the state set up that expedites
renewals which is a different ballgame. You can recommend denial but it will
still go along it's merry way. And in the event there is a conviction is a court
of law and it reaches a certain number, there will be a suspension or a fine
automatically imposed by the state.
Horow! But it could still begin here, is that right.
Gentry! Not for a renewal, no.
Kubby! You are kind of saying that it doesn't matter what we do.
gentry Well, for a renewal your powers are far more limited than the lengthy memo
we sent you on approval or denial.
Horow! Okay. What happens if we wait until next week or the next time we meet
after we find out when their-
Gentry! Without checking the dates and the renewal procedures which I haven't
looked at for a couple of weeks I can't tell you.
Nov! What happens if we recommend that this renewal be denied.
Gentry! It will go forward.
Nov! They will do it anyway. It will just be on the records that we didn't like the
idea.
Gentry! Mostly likely. I can't say for sure one way or the other. Chances are it
wouldn't impact the renewal process,
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#2 page 4
Kubby/ Only Z amount of violations within a certain time frame causes an automatic
suspension or revocation.
Gentry/ Right. And that is imposed by the slate automatically.
Ambr/ I have a question for Marian. Is the procedure the same for renewal as it is
for a new license. That is does the chief of police, the Fire Marshall, the
county attorney, the city attorney sign off on all renewal applications as well as
the original.
Karr/No sir, they do not. That is a new application. A renewal there is no county
approval but the police chief, our H.LS. Department and Health department
sign off on it.
Ambr/ Do we know the results of the conference that the chief had with the subject.
We got memos a couple of weeks ago that Chief WinkIehake was going to
have a conference with this owner and the owner of the other establishment.
Atkins/ No, Bill, I don't. R.I. didn't share that with me.
Ambr/We didn't get a memo from him.
Atkins/ No. He may have just handled it routinely and didn't advise me on, No sir,
I don't know.
Kubby/ For me it is really important to know how many of those violations were
under 18. I am not so worried about the 19 and 20 year olds. But it is the
under 18 number that will make a difference to me. I feel like I need that
information before I can make a decision.
Gentry/ It would have been helpful if we had had a little more time to find out.
Kubby/ I had thought my request last night made it kind of clear that I was looking
for a number of under 18 violations. But apparently not.
Gentry/ That is a slightly different question then your powers over renewal. Do you
want-I can look in the code and can figure out the dates.
Karr/ There is also a different provision for timely filed applications which are
straight renewals. No change of ownership. Ju~t straight renewal becomes a
timely filed and is considered thus, regardless of the scheduling of council
approval or disapproval which would fall under the criteria of this item also
regardless of the date that it expires. So that-it would be another option
available. As I said, off the top of my head I don't recall but I believe it is
the first week in August.
Kubby/ Well, what do other people want to do.
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#2 page 5
Horowl I am willing to make a denial on this and let it carry along as a process with
the fact that the council felt strongly enough about a denial. I think 73 people
out of 97, 73 people possession under age, is a pretty heavy Indictment.
Gentryl Those are not convictions. Those are only citations.
Horowl That is true but anything more than-it is against the law. That is the bottom
line,
Kubbyl I think it is just, also, looking at the numbers of drinking establishments we
have and there were two that were definitely ahead of the crowd in the
numbers of citations that were given. That is why the focus was in on the
two.
Horowl Does anyone else wish to join us,
Courtneyl Lets defer this out for a few minutes here and Marian can get a date on this
and then if possible we will go-
Karrl They have a hearing scheduled on the frrst series of charges on the 22 of this
week.
Gentryl In Des Moines. Kim was going to go down and watch.
Horowl So what are you saying.
Karrl What I am saying is is that the Board has yet to rule on those and you may wish
to wait for the Board to leave some direction on that.
Horow/Hey, I don't need the Board to let me say this. I feel strongly about this. I
am not taking this out on you. It is just-I would go for but that is one vote.
Kubbyl I would like to see how the dates work out before we make a decision. I
would like to defer this until a few minutes later in the meeting.
Novl Lets just put it at the end of the agenda.
Courtneyl Proceduf'dlly I have got a motion on the floor. We just need to withdraw
the motion and the second and then come back to it.
Karrl This is just separate discussion. You don't have a motion on the floor.
Gentryl You don't have a motion on the floor yet.
Kubby/Separately discuss this later.
Karrl You can just postpone it until later in the meeting.
, Horowl Okay.
Courtneyl All right.
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Agende
Iowa City City Council
Regular Council Meeting
July 20, 1993
Pege 6
END OF CONSENT CALENDAR
ITEM NO.3-
PLANNING AND ZONING MATTERS.
e. Public hearing on an ordinence vacating the elley located west
of Gilbert Street and north of Kirkwood Avenue between 210
end 230 Kirkwood Avenue. (VAC93.0001)
.
Action:
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Comment: At its June 3, 1993, meeting, by a vote of 6.0,
the Planning end Zoning Commission recommended thet the
alley located west of Gilbert Street and north of Kirkwood
Avenue between 210 and 230 Kirkwood Avenue be vacated
subject to: 1) closure of the curb cut located on the north-
west corner of Kirkwood Avenue and Gilbert Street and one
of the other three curb cuts located on the north side of
Kirkwood Avenue between Gilbert Street and Ralston Creek;
2) establishment of a conservation easement parallel to and to
the top of the bank of Ralston Creek on the property owned
by the applicent; and 3) retention of an easement covering the
existing U.S. West phone lines. The Commission's recom.
mendation is consistent with the staff recommendation
included In a report dated June 3, 1993. No comments were
received by the Council at the July 6, 1993, public hearing on
this item. At the applicant's request, the public hearing was
continued from the Council's July 6, 1993, meeting. A
memorandum, dated July 12, 1993, establishes a range of
value for the alley property. ~~
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#3a page I
Courtney/ We still have a request to defer this.
Kubby/ To continue it.
Courtney/It is a continuance so I need to re-open and get it continued again.
Frdnklinl Right. That is exactly what you need to do. To continue it to August 3.
Courtney/ Open the p.h. Entertain a motion to continue to August 3.
Moved and seconded (Horow/Nov) to August 3. Discussion.
All in favor (ayes)
Kubby/ Who gels to ~'Jleak tonight is they want to. I don't know that there is but-
Courtney/ Anyone wish to speak on item a.
Kubby/ I didn't think there would be.
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Agenda
Iowa City City Council
Regular Council Meeting
July 20, 1993
Page 7
b. Public hearing on an ordinance amending the Zoning Ordi-
nance to allow consideration of bed and breakfast homestays
and inns as accessory uses in all residential zones, except the
RFBH Zone.
Action:
c.
Action:
Comment: At its June 17, 1993, meeting, by a vote of 6-1
(Scott voting nol, the Planning and Zoning Commission
recommended approval of amendments to the Zoning Ordi-
nance to allow consideration of bed and breakfast homestays
and inns as accessory uses in all residential zones except the
Factory Built Housing Residential (RFBH) Zone. The Commis-
sion's recommendation is generally consistent with the staff
recommendation included in a memorandum dated June 3,
1993.
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Consider an ordinance amending the Zoning Ordinance by
adopting Section 36-16.1, the Residential/Office (R/OI Zone
and amending Section 36-5B, Off-Street Parking Require-
ments, and Section 36-62, Sign Regulations, to include
provisions for the RIO Zone. (First consideration)
Comment: At its June 3, 1993, meeting, by a vote of 6.0,
the Planning and Zoning Commission recommended approval
of amendments to the Zoning Ordinance to include a Residen-
tial/Office (RIO) Zone and to amend the parking and sign
regulations to provide requirements for this zone. The
Commission's recommendation is inconsistent with the staff
recommendation included in staff memoranda dated April 15
and May 20, 1993. Staff recommended that, rather than
create a new zone, the existing Central Business Service (CB-
2) Zone be amended. Comments regarding this item were
received at the Council's July 6, 1993, public hearing.
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Agenda
Iowa City City Council
Regular Council Meeting
July 20, 1993
Page 8
-~
d. Consider an ordinance amanding the Zoning Ordinance by
changing the use regulations for properties located on the
north side of Jefferson Streat between Linn and Van Buren
streets and properties located on the south side of Jefferson
Street between Gilbert and Van Buren streets from CB-2 to
RIO. (First consideration) (REZ 92-0009)
.
Action:
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e.
Action:
Comment: At its June 3, 1993, meeting, by a vote of 6-0,
the Planning and Zoning Commission recommended approval
of an amendment to the Zoning Ordinance by changing the
use regulations for properties located on the north side of
Jefferson Street between Linn and Van Buren streets and
properties located on the south side of Jefferson Street
between Gilbert and Van Buren streets from CB-2 to RIO. The
Commission's recommendation is inconsistent with the staff
recommendation included in staff memoranda dated April 15
and May 20, 1993. and a staff report dated September 3,
1993. Staff recommended that, rather than applying a new
zone to this area, the existing Central Business Service (CB.2)
Zone. be amended. Comments regarding this item were
received at the Council's July 6, 1993, public hearing.
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Consider a resolution amending the Iowa City Comprehensiva
Plan by repealing the Neighborhood Open Space section of the
Plan and incorporating the Neighborhood Open Space Plan.
Comment: Following its June 3, 1993, public hearing on the
proposed Neighborhood Open Space Plan, the Planning and
Zoning Commission, by a vote of 6-0, recommended approval
of the Comprehensive Plan Amendment: the Neighborhood
Open Space Plan. This recommendation is consistent with the
May 12, 1993, Parks and Recreation Commission and the
May 19, 1993, Riverfront and Natural Areas Commission
endorsements of the Comprehensive Plan amendment pro.
posed by the Neighborhood Open Space Plan Committee.
Comments regarding this item were received at the Council's
July 6, 1993, public hearing.
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#3d page I
Courtney! Moved by Ambr, seconded by Horow. Discussion.
Kubby! I do have a few things that I wanted to say, That even though staff would
prefer that we amend the CB.2 zone to accommodate some often special needs
of this specific area a lot of concerns about that area were addressed with RO
wne and I don't really have a problem with new wne for a special area and
we may find that there are other areas that are currently zoned CB.2 that could
be changed to RO at a later time,
Courtney! Any other discussion.
Audience! What is RO
Courtney! Residential office,
Kubby! Thanks for the question. We get mixed up in our jargon up here sometimes.
Courtney! Roll call. (yes)
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Courtneyl Moved by Horow, seconded by Ambr. Discussion,
Kubbyl I have a question. One last question I hope before we vote on this. And that
is if we determine that there is a deficit in an area in a developiog zone and we
want a certain part of land in a development and the developer says I don't
want to give that land I want to give this other land or I want to give money
instead of land. How is that discussion resolved. Will that be written in
ordinance as specific language or will it be a process of negotiation.
John Watson! My understanding is that ordinance will be written in a way that gives
the city the ultimate decision, Is that correct.
Gentryl But it will also be written in a way that is specific enough so that the parties
that are being affected can govern themselves accordingly.
Kubby I Right. So they will know what is expected before they even begin the platting
process or rezoning process. Thanks.
Horowl I just want to say thank you again to the committee that has worked hard on
this. As someone who started out in 1985 with this I am rejoicing that this is
finally winded its way up to our table for approval.
Novl I agree with that one. They did a terrific job.
Kubbyl Also the patience. I know it can be frustrating for you. The committee came
from a perspective and then council stepped into it kind of near the end of the
process wanting more of something but you had already incorpordted the issue
of passive ~'Pace. So from your point of view it had been incorporated in and
in reading it again I saw the difference and so thanks for your patience with us
last night. And I guess before we vote I really want to outline real quickly
five things about this ordinance that I think are really important policy for this
community. One of the sentences in Open Space Plan is that these areas
enhance opportunities for neighbors to meet and develop a sense of connection
wit their neighborhood. I think that emphasis on neighborhoods and the
connection between people in the neighborhoods is really important value for
people to know. That we are basing a policy on this value. Secondly plan
addresses open space needs in both new areas of town but also currently
developed areas of town that may have a deficit. It also prioritizes needs. So
there might be some areas of town who have a little bit of open space but have
a great need and they might be higher on the priority list, And
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#3e page 2
so we are not looking at everything necessarily equally, That we are looking
at each individual case and finding out where should we put our resources
when they are available. It also emphasizes safe access to these open spaces.
So that an open space for a neighborhood doesn't make young children cross a
busy street to get to that open ~')lace. And finally the last thing I want to
highlight is that it encourages neighborhood maintenance districts so that the
city isn't totally responsible for maintenance of these new open spaces when
we get them. It gets people involved in their neighborhoods on another level.
So, again, thanks for your-the committee's energy and the staffs energy. I am
really happy that this is happening. It is long overdue.
Pigott! I just wanted to put in my two cents worth as a new councilor and someone
who has seen it from presentations on the other side that I support plan and I
appreciate the hard work that you folks have put into it and that I thought, too,
that it would build a great sense of community and provide the links between
some of the parks that are so badly needed as well as add on the edge of town.
I support it.
Nov/ Linda do we have an estimate of when an ordinance will be written for this,
Gentry/ Didn't they say last night this fall. That is assuming that Karin's people and
Marsha can be real whiz kids. It will be-
Nov/If all goes well the whiz kids will write it this fall and we will try to implement
it before next construction season.
Gentry/In the best of all worlds that would be wonderful. I would remind you-
,Franklin! The tree ordinance has priority and we committed last night to have that for
you for passive prior to the next construction season. That particular
parameter was not put on the open space ordinance. We will get that to you as
quickly as we can.
Nov/ The open space ordinance will maybe be around next spring. I am trying to
give people an idea that there will be a p.h. on the specifics of the ordinance
and it is not going to happen over night.
Franklin! That is right. By spring. I think the ordinance is going to be more difficult
than the plan,
Gentry/ Yes.
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#3e page 3
Franklin! Getting down to the nitty gritty. And it will take a lot of discussion in the
P!Z Commission and P!R Commission. So it is difficult to say how quickly it
will be able to get to the council.
Courtney! However I think over the last two or three years we have come a long ways
towards meeting a lot of the things that in the plan already with new
subdivisions. It doesn't addressed our older developed areas but-
Franklin! Through the zoning process we have been able to get quite a bit of open
space.
Courtney! All of the good negotiating by P!Z in particular.
Kubby! Lets hope most of the new projects are rezonings so that we have that
negotiating.
Franklin! We will continue to use that tool.
Courtney! Any other discussion.
Roll call-(yes)
The resolution is adopted.
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Agende
Iowa City City Council
Reguler Council Meeting
July 20, 1993
Page 9
f. Consider a resolution epproving the final plet of South Pointe
Addition, a 30 ecre, 130 lot residential subdivision, located
west of Sycamora Street and north of the corporate limit.
(SUB93.0008) (60-day limitation period: July 20,1993)
Action:
ITEM NO.4-
Comment: At its June 3, 1993, meeting, the Planning and
Zoning Commission, by a vote of 6-0, racommended approval
of tha final plat of South Pointe Addition, subjact to approval
of legal papars by the City Attornay's office, and approval of
construction documents by the Public Works Department prior
to City Council consideration of the plat. Thesa documents
are baing reviewed by the appropriate staff and, to dete, have
not received staff approvel. This recommendetion is consis-
tent with the staff recommendetion included in the steff report
dated June 3, 1993. At the applicent's request, this Item was
deferred from the Council's July 6, 1993, meeting.
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PUBLIC DISCUSSION.
ITEM NO.5.
LnJ .off>)
ANNOUNCEMENT OF VACANCIES
a. Current Announcements
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(1) Committee on Community Neads - One vacancy for an
unexpired term ending April 1, 1995, (Bruno Pigeotl's
term) This appointment will ba mede at the August
31, 1993, meatlng of the City Council.
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#3f page 1
Courtney! Are we still wanting a deferral on this,
Franklin! A deferral is requested, yes.
Courtney! Moved and seconded (Horow! Ambr) to defer this item to our August 3
meeting. Discussion,
All in favor (ayes)
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#4 page I
Courtneyl Public Discussion
Tom Carsner/l would like to address one question especially to Mrs. Horow. in last
Tuesday's Press Citizen I read a statement which I really can't let go of. And
several friends of mine have expressed similar comments. Where I took your
statement in the Press Citizen mean that you can't gain the experience
necessary to serve on the city council unless you are married or unless you
have children. Now I trust you know that you offended several thousand
people in this community by that statement. Myself included. And several
people here in this room tonight. If that is in fact what you said. I want to
give you the chance to retract that statement or clarify statement or comment
on that ~1atement if you would please,
Horowl Sure. That was a statement within the context of a reporter asking me about
the candidate and that was my answer. I felt that of the two candidates one had
the perspective from where I find myself coming quite frequently when I look
at issues or talk with people. I get input from parent/teacher meetings. I get
input from various sources that are within the context of being a parent and I
think that brings strength to the decisions that I make. Tbat was the context
within which that sentence was made. Not by any means to I mean that a
single person does not have other valuable input. if you took offense at that
then I think you were taking that sentence out of context in which it was made.
Carsnerl I am not quite sure if you were retracting the statement or clarifying that
statement.
Horowl oh no. I am not retracting it. You asked if I want to retract or clarify and I
clarified it.
Carsnerl So you are not retracting.
Horowl I just said that I wasn't retracting.
Carsnerl Okay. Okay. That still disturbs me I must say and there are several other
people who find it disturbing as well.
Horowl I think you are going to have to look at the strengths of the people in this city
of both being single and of being parents. Either single parenl~ of both parents.
The strengths that all of these people bring to making decisions in the city.
Our boards and commissions are made up of both single people and of parenl~.
And if you wish to take it out of context and be offended that is your
privilege.
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#4 page 2
Carsnerl I don't know if I took it out of context but I was certainly offended. I will
leave it at that.
Hank Miquel/Hi guys. From the Iowa City Yacht Club and I read in the paper today
that you guys refuse my request to do an outside fund raiser for the American
Red Cross. And basically what I would like to do is ask why but before I ask
why I would like to let you know wbat we have done. And that is we had a
fund raiser at the Yacht Club, You didn't read about it in the Press Citizen, I
had to pay for my own ad in the D.I. I thank the people that were involved.
But we raised $4100 for the Red Cross Sunday night. And a lot of people
came down that weren't patrons of the Yacht Club and never been there
before. But they did a great job. We had six bands play that night and all my
people donated their time and 60% of the proceeds wen! to the Red Cross for
this thing. And hearing that it was refused wasn't really a surprise because I
have tried other things and they have been refused as well. I guess I just really
like some kind of response from you people as to why you don't want to raise
money for the American Red Cross when you have so many people in need of
this. The newspaper says that donations are needed but more than donations of
any kind money is needed most. If you can give me an explanation,
Courtney/I will take immediate exception to that comment that I don't want to raise
money for the American Red Cross. I have already been telethon on Channel
2 news and spent some time doing that. I think that from what I heard from
council last night was it is more the method than what your cause is. We have
been fairly consistent over the years for any given reason not to allow, even in
the case of the Jazz Festival, not to allow beer gardens or beer tents or
whatever you want to call them in large quantities in the public streets d.t. It
becomes very unwieldy from the police standpoint and it just seems like a
fairly good policy on our part. When you called me the other day I actually
bent quite a bit on it because of he cause this time and I told you at that time
we certainly couldn't do it last weekend because we were expecting a big crest
to come through and we had to have the police direct traffic all oyer and that is
no different this weekend than it was last weekend. We are still got more
traffic coming through here in a day than typically comes through in a week
and that is what I heard from council last night. They wanted to stick with the
general
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#4 page 3
policies that we have had in the past for the d.t. I will let the rest of them
speak for themselves,
Miquel/I understand the police thing. I drive from Tipton every day and to and from
town. In fact I went to Winklehake the other day and told him that I thought
his people were doing a great job because they are. They are real friendly out
there. They are just doing a super job. But we are talking about somethiog
that is a disaster. I mean we just don't want to have a party. If it was
something the council said yes, okay, and delay it a couple of months [
wouldn't even want to do it. Then it would be a party. Where people need it
right now. Not just the American Red Cross or the National Red Cross but the
people need it. It just seems like a real timely thing to do. And to allow a
beer in a restricted area with supervision and security doesn't seem like an
outlandish things to do. They do it in every small town in Iowa. In
Minneapolis. They do it in Chicago. They do it all over. If you can't bend
the rules. I am not saying break the rules. I am ju~t saying if you can't bend
them a little bit to help some people out when I have contacted every bar in
Iowa City and Coralville myself. Well, I had some help from my people.
Over 50% of them have donated three kegs of beer and they have donated
volunteer help for this thing. So we can have a ton of people out there to
monitor the situation. Even restaurants. I mean Linn Street Cafe has said
fine. We have contacted a lot of people and they want to help. We have talked
to Freeman Insurance for insurance on this and they said they would donate
insurance. KFMH-KRUI have donated air time to make it happen. To make it
work. A lot of people are supporting this. Not just the bar owners but a lot
of people would like to see something like this happen. It is an easy way to
raise a lot of money and it doesn't mean that people have to be out there
drunk. I mean we can monitor that. We can sell tickets instead of just selling
beer for money. People would have to go get tickets in order to buy beer or
food. And people selling or taking the tickets can monitor the people that are
going to them to get the beer. So there can be all kinds of restrictions in this
thing. And there will be a lot of people that will come to this thing not to
even drink or to eat or to do anything but just to donate money. People were
coming to the Yacht Club giving more that the donation asked just because
they thought it was a worthwhile cause, [mean if
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#4 page 4
you can't just say hey look let~ just do something a little bit. I just don't
understand.
Horowl Hank, I want to ask. I appreciate your enthusiasm on this but I just kind of
want to know if there is a Plan B where all the bars owners would give a
certain % of their lake that evening. Have a simultaneous happening in every
single bar.
Miquel/ We donated at the Yacht Club $4100 on Sunday. That was great gesture and
it was a super thing on my people's part, What the other bar owners and
restaurant owners want to do, that is fine, or the other business owners. Take
a look at the newspaper that doesn't print that we did anything for anything,
They said that there is a big thing in there that McD's gave $100,000 to this
thing. That is great. I am happy for McD's. But if you take a look at the
Yacht Club and they did 4 % of that in one night I think that is a wonderful
thing, And I am getting really uptight but I am sorry aboutlhat. It is just what
happened in this whole thing is it started out where I went to apply of get an
application for it and I misplaced it so I went back to the city manager's office
to get a new application and Steve Atkins, correct me if I am wrong here, his
secretary gave me one and I went back down to the city clerk's office to find
out what time the city council meeting met. They were closed for lunch or
something. So I went back to the city manager's office and lover heard him
in his office saying it will never happen. It will not happen. I hadn't even
applied for it yet. I hadn't even given the application or any of the paper work
that you have there. And I just can't believe that we can't bend a little bit.
Because it is a disaster, I don't know how long you guys have lived here but I
don't think any of you have ever seen anything of this magnitude. I
sandbagged in Davenport in '65 and that was crazy. It just seems that-
Horowl Hank, speaking for myself and not for the rest of council. I know the amount
of time that I and others have put into making this city a substance abuse free
area. The safe program of the day. I personally have trouble that while the
enthusiasm that you have got and the time that you spent on organizing this
sort of thing, I have problem that that can't be put into affect lets say letting
some of your employecs go and help sandbagging. Of that each bar would
give a certain %. I have problems with the city having gone through all of the
work to become a safe city would then support raising money
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#4 page 5
for the disaster through alcohol. Because there will be abuse of it no matter
what. Hank, I am saying this is my own personal opinion,
Miquell What does Regina do. Do they have a beer tent. What does ever county fair
in the state have. I can appreciate what you are telling me too but it just
seems like yeah, you know, maybe in the next 100 years we may have another
disaster and maybe you could bend the rules again.
Horowl That is why I asked if you have a plan B.
Miquell We can do without alcohol if that is what you like.
Horowl What about a take of a % from every single bar-
Kubbyl I appreciate the idea of everybody coming together. I think it is a really
stressful time for people. So having a gathering with the music and food and
fun and partying. I think that idea is really great. I think we need that. I
think that people are at a level of stress that that would help break it up and
release some of it so that people can go back and deal with their flooded
basements and the sewage and everything. I like the idea of the gathering.
Some of the logistics that we talked about last night were having time to do
whatever stuff that the city needs to do to help this things happen. I guess if I
had my ideal thing we could do it. Maybe not this weekend as you want it but
maybe we need to make sure that we have the personnel to do the kind of
policing that we need to do or we feel that we need to do. And actually,
money is going to be needed for a while. This is going to be staying with us
for awhile. So, I am kind of advocating having the partying. Doing it when
we can. Possibly doing it alcohol free and still people will come and have a
good time because I assume actually if the bar owners are willing to donate
free kegs of beer they would be willing to donate juice, pop, water, etc..
Miquelll am sure they would, It is just that you are not going to raise funds with it
and that is what we are dealing with is a fund raiser. And you know that you
are catering to 50% college students and many of these students are form
communities that are hit by these floods. Like Davenport and Des Moines and
they can't go down and help tlleir parents or their dad's businesses or anything.
They are here in summer school so this is an easy way for them to donate to a
cause that really affects them directly in a lot of cases and also it is a cheap
way for them to donate. If they buy $5.00 worth of beer or something
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#4 page 6
like that they are not going to be drunk and if they donate another $5.00 to get
into the place that is $10,00. And if you get enough people you can raise a lot
of money and it is also a way they can help up with this disaster basically.
Nov! I think the people will offer you a donation whether or not you are selling beer,
I think the people will donate just because you have good music and fun. I
don't think you need to sell beer and I don't think that this council is going to
allow beer sells on public property and you are basically asking to do this on
public space. If it were something that you wanted to do on private property
we would not have to give you permission to do it.
Ambrl Hank, I think you have done an admiral job. Very community minded. Very
human kind. If your result~ were $4100 at you relocation, may I respectively
request that you talk to the other 15 owners of taverns. If they could replicate
what you did you could have $66,000. And I don't know if you could do
much better by using public property to have what I would think would be a
very very difficult and unmanageable situation. I won't support your idea to
, use that public property.
Nov! I would support the event without liquor.
Pigott! Without liquor and with bands. You can draw, especially with good music
and there have been events in cities that have drawn people because of good
music. The Jazz Festival is a good example of that. And especially because it
is such a disaster. I think people will come in large numbers to relax.
Horowl We did not permit beer- I would like to know how the bar owners would
cope with that because they are in the business of selling beer. How would
you do thilt.
Miquelll am not a real proponent of my peers a lot of times but they have come out.
There are many bars that I called that I have never set foot in. And people I
have met that said sure, I will help you out. Go for it. These people need it.
But most of the bars in Iowa City do not have what we have at the Yacht Club
and that is is that we do like music. So people do come down who like music.
So we can take and charge a cover charge if the bands want to donate their
time which we do anyway. But they u.~ually get paid that way. This way all of
these bands got together and said we would do it for nothing because it is a
good cause. So they raised a hell of a lot of money for it just
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#4 page 7
because wanted to (can't hear) and come down and listen to the bands. A lot
of people came down with their kids. We let kids in that night. Sorry but we
did. And there were a lot of people there that just wanted to donate for this
cause. And like you say, it can be done without beer. But it is just that these
other bars, like you say or suggest Bill, just can't come up with $4100 to
donate. They just can't, There is no way to get those people in there to either
drink that much beer, You are just going to have the police just all over them-
Novl Hank, let me suggest something else. When I went through your numbers and
figured out what it would cost each bar to donate three kegs I came out with a
little over $500. If they could come up with this $513 or whatever it was that
I came up with and just hand it to the Red Cross we would all be just as well
off.
MiqueV The thing is Naomi, a keg of beer cost a bar about $40 and you can turn that
keg of beer into about $200 if you let us do it. And so that is the difference.
Yeah, each har could donate about $100 and I am sure that probably some of
them already have. It is just that if everybody donates three kegs of beer you
can turn that $100-$125 into $600.
Novl I am talking about the retail value of three kegs which is what you have listed
on your request,
MiqueIl I just know that Marian and I had a discussion about fund raising and a lot of
people use beer as fund raising and that's unfortunate that you guys won't
agree with that because it is not a bad thing. I bet when you go to dinner you
probably have a glass uf wine or a beer or something like that. I don't-
Horowl If I haven't figured out the amount of monetary value of what it costs the tax
payers in terms of
CHANGE TAPE TO REEL 93-67 SIDE 2
Horow/l mean Johnson County loses a lot of money and time for this. I have been
working on this for Project Safe and I just-! agree with the fun that you have
of bringing people together, picnicking in the park, band music or wbatever.
But where you have alcohol it kicks into another realm and it does cost money.
You might raise money but you can be sure that the city budget will bave to
pay money for protecting people when they leave form all of this partying.
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#4 page 8
Kubby/ For me it is not necessarily beer or no beer as Sue feels, It is more an issue
of doing it on public property and the timing of it.
Miquel/ Timing is all important. If you wait for 2 months then nobody is going to
care about it. Or if you do it then it is just a big party.
Kubby / I think it is going to be with us in two months, unfortunately.
Miquel/ You may be correct on that.
Kubby/ At the same time I have organized fund raisers that we have raised money by
inflating the prices of the products that we are selling and I know that bars sell
more than beer. They sell more than alcohol. They are selling other
beverages and some of you are selling food, So I think the statement is wrong
to say that bars are in just the business of beer. I don't think that that is
necessarily true. But there are other ways to raise money. So what I guess I am
asking you to do is if we can bend to figure out a way to do it in a timely
fashion and maybe because we are the people who can say yea or nay maybe
we need to negotiate that more that you can bend on making it non-alcoholic
so it can happen. The reality is there aren't four people here who want to do
it with alcohol. But is soumIs like there are some people here that want to let
you do the event without alcohol. That we try to-
Miquel/ I think it is real important that we raise as much money for this thing as
possible.
Horow/ If you do this without alcohol and you could assure me that that would be
without alcohol, they would have another vote.
Miquel/ I can't assure you that. Who knows who is going to bring in a fifth of
liquor.
Horow/ If you are just this creative in organizing the whole thing then you can do it.
Miquel/ We can do it without alcohol. We will not promote alcoholic beverages. We
can do it.
Pigott! Bring in other groups like the coop or otller organizations as well in the
process.
Miquel/ We were planning that. We know a lot of people in the coop and we were
going to try to get a hold of the food stores and see what kind of things they
could donate for us and to us, It's just and I am sure that the bands would
probably play. I mean I want you to listen to Kevin Bird because Des Moines
who does
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#4 page 9
allow this kind of thing to happen actually hired his band for a lot of money
that he wanted to play here for this thing. We realized that the timeliness of
it. You know with the crest and everything that probably Sunday wouldn't be
the thing. But to be just shot down before even hearing all of the particulars
of it I think is really narrow minded and I just-at least I am glad you gave us
the chance to talk. And I will support a non-alcoholic thing is that is the only
thing you people will do, Unfortunately you could raise a heck of a lot more
money the other way and Susan, I am sorry.
Horowl it is a calculated risk. I would even bring my family down if it were a non-
alcoholic. Obviously we drink wine every now and then,
Miquell I bet you do.
Horowl Of course we do.
Courtneyl But I don't go out to a parking lot dot. and drink beer.
Miquell If the city would let you in one day like the last 100 years you probably
would if it were a good cause.
Courtneyl Hank, let me make a suggestion, We are getting no where here,
Novl I would like to say one more thing before you close it. I thought that your
proposal to provide your own security was excellent and you deserve to be
commended. I have one more concern that I would like you to think about. I
would prefer that if this is held on public property you do not charge
admission or cover charge but just ask for a donation.
Miquell That is what I am planning to do with this one actually. It would be a
donation. It would not be a cover charge. We were hoping that people felt
that the cause was worthwhile enough that they would donate,
Courtneyl I would suggest that you talk to Mark Ginsberg. He has turned the Jazz
Festival into a tremendous event without the use of alcohol outside and I think
he could help you quite a bit in pulling this thing off. '
Miquell Thanks. One of my most hated people in the whole wide world and now I
have to talk to.
Courtney II am sorry but he knows how to do it.
Miquell That is okay. That is okay. I came to the council to ask for an outside thing
the year before Mark Ginsberg did his little jazz thing and you voted it down
and I asked for a non-alcohol or alcohol and you guys just said flat out no.
Next year up pops
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#4 page 10
the Jazz Festival. And that is not the reason I have my drothers with Mr.
Ginsberg. Anyway, Look, I would be glad to do this. One last thing. There
are some other people that came. I just want to ask one question and that is is
your real name Bruno.
Pigott! It is really Bruno.
McD! Hank, by the way, before you leave since everyone has expressed their opinion.
You do have one vote. I do like your proposal.
KevinM/I am the lead vocalist with one of the bands that played at Hank's place,
n -\' the Blues Instigators. In support of the proposal I think my personal opinion
oIL' some of the members of the council aren't showing much faith in personal
control of the community in that people can set limitations for themselves as
far alcohol consumption and controlling themselves. We were part of the
Davenport Blues Festival this year where there is a lot of alcohol consumed
and there wasn't a whole lot of trouble at the festival, They had a lot of chaos
in that they had to move from the usual site to an alternate site because of the
flooding but things seem to work out well. The policed the area quite well and
they used a lot of volunteers. If a small beer tent were used a lot of the
volunteers that would be provided by the different bars and restaurants,
merchants, volunteers from town, could be used possibly in suppprt of the
police department as a volunteer sheriff or a volunteer deputy system. That is
just something that kind of popped into my mind. As Hank mentioned our
band feels that this is a very necessary thing. As a matter of fact Hank has
been giving me credit. This is an idea that I had and Hank took the idea and
ran with it. And has been calling and contacting as many people as he could.
Personally I am in a business with the band that counts on community support.
If I am going to make any kind of name for myself in the entertainment
business I have got to ask people that I don't know to come listen to me do
something they don't know whether I can do it well or not. So I need their
support. This is a time that the community needs support from whomever. If
I can do what I do to support the community that is what I would like to do.
Just to give something back. We had a show in Des Moines. The weekend
was booked for $2100 and we canceled the weekend so that we could be
prepared to do this on Sunday. It is costing
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84 page II
our band but we were going to be making a whole lot more money for the
American Red Cross and for this community, hopefully. And so, granted, the
timing may not be perfect as far as for the police department. But I do feel
that timing is important like Hank said. Timing is important but the urgency is
there. It is on people's minds that there is a lot of people volunteering to do
sandbagging. There is a lot of people doing volunteering to man sump pumps,
to watch roads to make sure that they are not getting all the way covered up so
they can re-route traffic. There are so many people doing so many things a
benefit not only our band hut six other bands are giving up time and money
earned to support a cause, And, I don't know, I guess that is really all I have
to say.
]o~ Fogerty! I am from KRUI FM and we recently had our weekly director's
meeting this past Monday night and we feel very passionately about helping out
the community in whatever way we can. Unfortunately we are llat broke to
put in simply. We have enough trouble raising money for our own needs and
its quite realistic the quality of our station will go down just because of a
money shortage this year. To put that into perspective we are considered one
of the top 25 stations in the nation by record labels around the country. We
would like to do whatever we can but unfortunately money. About all we can
do it promote awareness of this event. We would like to do so very much. I
feel that we are missing a great opportunity to raise a large amount of money
for this community and this organization. As I understand it the alcohol sales
this Sund!\y at the Yacht Club was a significant portion of the money raised. I
can attest to the success of the Blues Fest having been there two out of the last
three years seeing alcohol sales in a controlled environment. Being successful.
Last time I was there the only problem at all was somebody brought a dog and
I believe it bit somebody but that was completely unrelated with alcohol. I
have seen several other festivals around the state. Like in Burlington they have
Steamboat Days and there's a few others where they have an out call area, a
beer tent or like one balf of the area is designated for alcohol and alcohol may
not pass out of that area and things go very smoothly. It keeps the situation
under control. I would very much like 10 see the council consider some sort of
option like that so that we
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#4 page 12
may raise as much money as possible for this organization. It'd help us out a
lot because we really do need the money.
Ambr! What's your station'l
Fogerty! KRUI FM. We're the student run radio station at the University of Iowa.
Nov!1 think if you realIy feel that stroogly that you can't do it without beer, you'll
have to find a different place to do it.
Fogerty! It's not that we couldn't do it without beer, it's just that would pale by
comparison to an event that did have alcobol sales of some kind at it.
Nov! This is not the only locatioo you can find.
Fogerty! That might have to be an option, but it's not my decision to make.
Kubby!1 guess I want to challenge the group to that I don't like the assumption that
the only way to make good money is to have beer. I think having the alcohol
there is separate in my mind to raising a lot of money for a cause because
there are lots of ways to raise money and that I would pay triple for orange
juice with club soda thrown in it because of the cause. I know I'm going to be
paying more because of the nature of the event. For me I need to separate the
issues.
Nov!1 think most of the people in town feel that way. They would pay a couple of
dollars on something they know is overpriced just because it's a good cause.
Fogerty! I can represent the student population on this question here. The chance is
very high that you are going to have a large number of students at an event
like this and somebody is going to say, gee, beer would taste really good right
now.
Kubby!lt probably would.
Pigott! Hearing the Blues Instigators is just as big of a draw for me. I've heard them
play down town and I tell you, it brings me to an event as well,
Fogerty! Personally I wouldn't spend the money at such a thing just because of my
budget, my own personal budget constraints.
Nov! There will be plenty of places open nearby that will sell you a beer if you need
it. You just can't walk outside with it.
Fogerty! Well, what if we made a place inside that was outside, right next to the
band. And you could kind of coral everybody right there.
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#4 page 13
Courtney! I think we've probably beaten this thing as far as we can go and you're not
bending very many minds up here, I think you've got maybe one and a half.
McD! I've been telling you that for ten years, but I can't get a majority to go along
with me.
Kubbyl I think I have this feeling that that's coming up again.
Courtney! Unfortunately, I think the most money that can be raised is by this kind of
event. It's a reality. It's unfortunate but it doesn't sound like you've got
enough votes up here to pull it off on the public parking lot.
Fogerty! Well, I got the chance to say my opinion.
Courtney! Thank you. I appreciate that.
Renell Paine! 4347 River Bend Road S.E. Director of Public Access Television. About
a month ago Doyle Detroit, former co-director, accepted a position as the
video services coordinator with the city of Pocatello, Idaho, and we want to
wish here well. In a moment I'd like to distribute to the council, the Public
Access annual report for 1993, so you all have a chance to familiarize
yourselves with the activities that we've been carrying on at public access
television. Finally I'd just like to inform council and the community that the
Public Access staff and one of our board members will be attending the
National Alliance for Community Media Conference in Atlanta, Georgia. We'd
like to share our collected information with the community and all of the
public at an open house in September. We'll let you know more about that as
we get closer to that date. I'd just like to know if there are any questions,
Ambr! I have one. I was going to make a phone call to somebody to get an answer to
this. I noticed that what I thought was your very capable predecessor was
involved in a lawsuit. Is she going to have some relief from that, do you
know? Do you know how she's going to be helped in her defense?
Paine! I'm not real sure at this point what she wants to do to that effect. I know that
right now, our attorneys are dealing with this maller, that she has an attorney
representing her, and we hope to resolve it as quickly as possible. But that
might be something, if you're curious what Doyle is wishing to set up or
anything as far as relief to the rust sum of the payments that might be
something to talk with her.
Ambr! I'm not taking issue with a citizen's right to due process in any way, shape or
form, but what did disturb me was the fact
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#4 page 14
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that this sort of an incident might have a deterring effect on attracting future
volunteers to any board or commission at any level of government. And I
would certainly like to see this handled in the way in wbich we encourage
people to come forward and to know that their community will stand behind
them in an inadvertent act like that.
Paine! Right.
Courtney! Linda, do you know what the process is going to be for representation? Is
it.
Gentry! I haven't heard anything. Dale, do you have any idea? I haven't talked to
anyone about it.
Helling! They're an independent, non-profit organization.
Gentry! Private.
Helling! Private organization. I'm aware that you do have insurance because that was
part of the agreement. But beyond that, I don't know,
Paine! We do have insurance and we are dealing with the insurance company and they
select someone to represent Public Access Television, the COI]Joration, and
possibly Doyle as an official of Public Access Television. But we're waiting to
hear back from them about that matter.
Ambr! Thank you very much.
Horow! Thank you for coming.
Paine! Sure.
Kubby! I feel like the last issue's not resolved. I feel like we should get back to Hank
in some way. I don't know that we've resolved what we would like to happen,
but.
Ambr! It's resolved as far as I'm concerned.
Horow! I feel it's up to him to get back to us with the challenge that was made from a
sizable number of us.
Kubby!1'1l just call him.
Bill Gilpin! I used to live on 301 Taft Speedway. I now live at Walden Place on the
west side of Iowa City. I've been haunted by an article that was in the paper
back on July I. I very seldom clip out an article and save it but I did this one.
The title being, Dubuque Closure Would Be Lengthy. City officials are
worried that Dubuque Street could be closed all week if the rain continued to
flood the Iowa River banks. This was four days before the thing really did
flood everyone's house. It goes on to say, and I don't know how much the
council's decision was made from Mr. Atkins and Mr. Stockton. City manager
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#4 page 15
Steve Atkins said there is heightened interest in elevating the road to stnp
flooding but it carries and expensive price tag of $742,000 which is about the
same a~ they're going to put a new roof on over at the Community Center.
The project was at the bottom of a list of str~et reconstruction priorities
established by the city council in May. It's just difficult to justify that kind of
expense for a short term problem Atkins said. Street superintendent Bud
Stockman said Not many residents are affected by the portion of Dubuque
Street that's frequently closed. Area residents include seven houses on
Bjaysvills Lane, 14 houses on Taft Speedway, the Mayflower resident hall, the
Cliffs Apartinents on Dubuque Street. This week the residents will have to
park somewhere and walk to his dwellings he said. Whenever I go out there I
have a decision to make, whether to wade or row. But so far I've been wading
in and out. And I think that my main reason for bringing this up now is why
the things still hot. I don't expect you to vote tonight to redo that road or
anything like that, but I do think it should be reconsidered. Living down where
I did when this thing started flooding bad, you can't believe how many cars
came down in there wanting to know, is this the way to Coralville. They had a
detour sign that said says detour pointing that way and that's they never saw
another detour sign. People were really mixed up. A lot of them were people
trying to get to different events here in Iowa City. A lot of them go down the
interstate and see gas, food, and housing sign heading down Dubuque Street.
You've had cops up on Dodge Street all of the time there's one sitting up
there, all of the time. And this has got to be expensive to. And I think there
probably isn't a person in this room that wasn't inconvenienced by Dubuque
Street being closed, not just the people who, the self-serving people on Taft
Speedway and in that area. Plus, I think Mr. Stockman evidently didn't know
that there's going to be over 100 unill in that flood plane right across the street
from our place that will also be inconvenienced, have been inconvenienced. I
don't know if you know but they've sandbagged those apartments on, those
new condos. I think it'd pay any of you to drive out there and see what's going
on. When this thing all cools down I hope that you do reconsider it. I don't
maybe the city, the people you already have working for the city could do it. It
doesn't look to me like it's be. If private contractors can fill that
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#4 page 16
whole area in over there with dirt from the eye clinic, or whatever it was over
on the west side, university, you ought to be able to get enough fill to fill that
in and maybe do it yourselves. I don't know. Even if you can't, $742,00 isn't
much when you consider all of the new development~ in town that are
supposed to spread the tax base out, give you more money to do your utility
jobs with. Where's that money going? You could get state funds. I don't
know, but I'd be willing to help on a committee or anything you want to form
sometime along the line to investigate that stuff, because it's just something
that should be done.
Courtney! Where this came from Bill was a process that we went through several
weeks back where we outlined every capital improvements project that had
been proposed by anybody for the last 10-15 years and did a prioritization of
them.
Gilpin! I understand that.
Courtney! What we would like to see done by the year 2000. And the things that the
council as a whole thought could wait till after that. Through that prioritization
process the raising of Dubuque Street did not come out on top. Well, again
this was prioritization and planning. Sometimes plans get changed. It's kind of
like our comprehensive plan. Every once in a while it gets changed. Situations
change. So I don't think you should assume that it's a done deal. that it's not
going to happen before 2000 because we've seen a different set of
circumstances here and maybe this council or another one will change that
priority.
Gilpin! I know how it works because the Taft Speedway was on FY89. It changed so
I know how it works, but I think maybe this should be moved up.
Pigott! I certainly sympathize with that. I just wondered whether those figures are
indeed the figures that you've heard of and what the process is for moving it
up later, what we can do.
Atkins! First question, I'll answer your second question first. Council certainly has
the ability to change priorities any time you want, whenever you want, short of
when we're under contract for a project. With respect to Dubuque Street issue,
the $740,000 figure in our estimation would have raised the road somewhat,
but not to any level that would have protected it from this type of natural
disaster. Rick is in the audience and can speak far better to it than I but we're
talking a project of far greater
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#4 page 17
scale if you were going to try to protect the type of circumstances we're having
now, Secondly, you can only raise the road so high hecause you have
Mayflower Apartment~ staring out they front door. They have to, they can't go
down and come back up again and have an elevator to get to the thing, So
there are other technical issues that have to be re.~olved. Thirdly, the roof at
the recreation center is a $300,000 project. We authorized the $700,000,
That's a traditional kind of policy approach that we take in respect to the
authorization. There may be other projects that come along in the meantime.
It's simply an authorization. It is not a $700,000 project down there. Did I
answer that question as best.
Nov! For pUI]lOse.~ of clarification I thought we were going to raise just one side of
Dubuque Street. Just two lanes because the other two lanes were not under
water.
Fosse! That is correct. The scope of the project, $740,000, was just to elevate the
two north bound lanes to the same elevation as the two south bound lanes to
take care of that nuisance problem of once or twice a year when the
northbound lane.~ flood and we go to two way traffic in the south bound lanes.
That in no way would elevate both lanes to get above what we see out there
tonight. We are cranking through some preliminary numhers on that and it is
in the $2 million range.
Nov! Okay. I just wanted to be sure that I understood what we were voting on. If
we were going to go let us say from Iowa City to Coraville or if we were
going to go from River Hts. into Iowa City, what is left that is still open. I
looked at all of the roads closed in today's paper and I am sure you can't get
there.
Fosse! North Dodge Street is still open but we do have a lot of congestion on that. I
honestly don't know the status of the Coralville Strip right now. I haven't
checked on that recently.
Nov! The newspaper said the Coralville strip was-well, no, not the whole strip.
Fosse! The outside lanes have been closed,
Nov! Part of Riverside Drive which leads to the Coralville strip was closed. So from
d.t. Iowa City you would have to go up to 1-80 via Hwy. I and then come
down into Coralville. Until recently [ thought there was some way to get from
Iowa City to Coralville with out going onto 80.
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#4 page 18
Kuhby! At 4:00 PM today I went down the strip via the Hwy. 6 hy-pass out to
Coralville. It was getting up and I suspect by tonight or tomorrow when the
crest comes that may he a different situation hut at 4:00 or 4:30 I was out
there.
Atkins! In follow up to Bruno's earlier comment, we still owe you the financial plan
on your priorities. We have got that roughed. It is simply the time hasn't
been available to give it to you. You will have a separate discussion for that
too. You will bave that shortly.
Kuhby! The whole business ahout that road has heen raised by other people.
Especially those who live out in River His. and other parts of the county who
need to get to wnrk. The question has been asked it you raise that road does it
act like a levy. Supplant the water somewhere else.
Fosse! Your right, it would displace water that is there at this time. What we need to
do is go back to our flood plain management ordinance and see if that would
infringe into the flood way. The floodway heing the area being set aside hy
the ordinance to he reserved for conveyance of flood waters. If it extends into
that then we have a difficult problem.
Horow! A question had also been raised hy some people in terms of putting a levy in
that whole area. My answer is if you put a levy in that area it is just going to
displace the water farther into the University system.
Fosse! Are you talking in the Normandy area.
Horow! Along Taft, along the peninsula, the Normandy area.
Fosse! Yeah, it does eat up flood plain storage.
Horow! Okay. I think the whole issue ohviously has to be looked at. The amount of
money that it would cost. Nothing is impossible. That would be a heck of a
lot of money.
Tom Muller! I am a member of the Senior Center Commission. I am here tonight to
give you a little update and I want to cite on of the items here as an example
of the partnership between the Senior Center and the community that has taken
pl'ace in the month of July. We have installed door openers on 5 of our doors
to make them handicapped accessihle and the doors are restrooms. First floor
door and the front door. The front door is particularly heavy and we are really
excited about that. And the partnership that we were ahle to develop was with
the AM and Noon Rotary Club who supplied a gift 10 us which would allow us
to do that front door. The others have heen done
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#4 page 19
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through other resources. In addition we have done some wall treatment~ in the
Center that needed some help in the assembly room, the game room and the
mezzanine. And we have been able to use the services and advice of Alan
Mack of HLM to cut down the cost on that endeavor. The third one I want to
point out to you was involved in a really successful program that we had this
summer which I know that you are all familiar with, That had to do with car
maintenance. We had 24 student~ in that program and they spent a couple of
hours. The planned a couple of hours and it went beyond that because it was
so exciting for these folks. I just want to point out to you that the teachers
were from Hargrave McEleny and we want to point out to you further is that
we are trying to use these resources to show our frugality so that you folks will
look more favorably upon our need for an additional person to help us with our
volunteers.
Courtney! Get too frugal we will cut back your budget.
Muller! I am not too worried Darrel. The other thing I would like to ask you to do is
write down dates of Monday, August 16, 2:30, we are going to have a door
opening ceremony with the Rotary and with the Senior Commission would like
to invite all of you to that. Then our volunteer Appreciation Dinner will be
Monday, Octoher II, at the Center at 6:00 PM. Both of these events will be
great photo ops for you. So we invite you to be there. Any questions. Thank
you,
Courtney! Not all of us have to worry about that. Some have just recently finished
going through that.
Muller! It is a never ending thing I have noticed.
Horow! October II at 6:30.
Muller! Yes. October II at 6:00 and Monday, Augustl6 at 2:30.
Courtney! Thank s, Tom.
Clara Olsen! 1 am 721 N. Van Buren for 15 more days and then I am a resident of
Cedar County, But whatl wanted to talk about this evening was necessary to
bring our attention to something which has created a climate of opinion which
1 do not think represents the public policy of either this city of this state. We
have spent a long time and when I say we I mean people like on this council as
well as members of this community in creating a climate in Iowa City where
individual is judged on their individual merits. Not on stereotypical
characteristics of a group, Whether that stereotyping is done on the basis of
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marital status or race or sex, it is not a part of the Iowa City traditiun, I think
that in a community particularly which is growing more diverse and in a
community which is obviously going through changes of governance and of
generdtional changes. It is particularly important that those of us of a
particular gender and a particular generdtion accept the responsibilities of
governance with responsibility. And that we do not conduct political warfare
on either class lines or gender lines or marital status lines. I think that we
have seen a enough of that in this community. I think that the long term
problem that that creates is not worth the short term gains. There are many
individuals in this community who made a unique contribution despite the fact
that they may be in a category which others do not approve of. On the last
several weeks we were subjected to much talk about people that did not own
property. And yet, I know in my neighborhood in the north side, the most
memorable garden in the neighborhood, Lee's garden, is on rental property
created and maintained by a renter. The reason that this city has a public
policy by ordinance and the state has a public policy by statute against
discrimination. It is not terribly complicated. It is because it hurts. It hurts
individuals and it hurts society and it hurts a community. And the ignorance
or the non-thought or the good intentions even of the persons that perpetuate
that do not absolve the responsibility that the effect is a negative one. There
was recent discussion about the deterrent affect that some action might have.
And deterrent affect occur in many respects. And I guess what I am here also
to say is that there should be no person of this community because of their
race, because they are single, because they are married, because they own a
home or rent a home, because they are rich or that they are poor, that cannot a
contribution of public service to this community.
Horowl Clara, why don't you just say to Mrs. Horow. that you wanted to follow up
on what Mr. Carsner has already said. I have no problems taking that. I have
appreciated your advice in the past and I certainly will take what you have said
with great thought. I know that as a homemaker I have felt discriminate upon
in many situations by those in the public arena. Those words that are said
within any campaign I am sure you know from both sides of the story people
have the fervor of their
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#4 page 21
convictions. And if in this campaign I felt strongly about what I myself
personally have IIsed in bringing my talents to this job I see nothing wrong in
being honest in saying that. If you wish to see that as discrimination, I am
sorry that you see it that way, I didn't mean it in a discriminating way, I was
saying it from my experience I have often used my ability as a parent. Not
only in analyzing a situation but bringing to that situation those threads of
experiences and conversations that I have had with other parents and I see that
as strengthening this body. I don't see that in a discriminatory way somewhere
else. With all due respect I really think this is a mountain being made out of a
mole hill. I know that you are talking to me so I decided to answer you.
Olseril When I want to speak to you personally or as an individual Ms. Horow, I have
no doubt I can find your telephone number, I have in the past. I am trying to
put this discussion on the level of the responsibility of public officials. Public
officials get in the newspaper when other people do not. And one of the
responsibilities is that when you speak hecause you are on the council and
therefore have a platform which is beyond the platform of an ordinary citizen,
then I think it is incumbent to understand that a private expression of prejudice
can two easily be imputed into the policy of this council. My understanding is
that the city ordinance prohibits discrimination on the basis of marital status,
Is that correct. And if the statement~ that were attributed to you were simply
the only problem I would have called you. For example, there was no
retraction and there was no other member of the city council who wrote
something else. Those same statements put in the context of a job interview.
Well, I am sorry, we are not going to hire you because it is not single people,
it is just you. You really don't have the experience of having dealt with
children so maybe you don't bring the judgment to this job. Those kinds of
stereotypical comments in the employment context would certainly give rise to
a prima fascia case of discrimination. And ones good intentions may simply be
im opportunity to educate oneself.
Horowl Totally agreed. In this particular situation and as I have experienced in this
city in terms of the campaigning that takes place which rises and falls in its
level of respectability depending upon who is running. I have no problem is
saying
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#4 page 22
what I personally believe, You are dead right in terms of employment, Clara.
Obviously. I am not challenging that. But I have my own personal opinions
and I see nothing wrong with expressing them whether I am an elected official
or not. J am gaining absolutely nothing form this position. I am sure YOll
have already investigated that. And so if I feel like saying my opinions I will
say it to whomever asks me.
Kubbyl Sue, do you think that I am less able to make decisions because I -
Horowl I think when I answered Mr. Carsner at the beginning of the public comment
I made it quite clear that people can hring strength to decision making whether
they are parents or single. The question or the comments that obviously that I
am being up rated for was within the context of a campaign question. It was
my opinion of Bruno vs. Kathy. That is the way it was written. Now if
people choose to extract that out of that context, that is their problem.
Obviously I intend to work with Bruno in this thing. I will seek his strengths
as they come up. Karen, I am not going to throwaway the strength that I
have had through being a parent.
Kubbyl I am not asking that. I just want to make it-you made a comment earlier that
it brings important things that you need to this council and that I bring valuable
things that you are not able to bring to this council because of my-
Courtneyl Can we take these political discussions outside of the chambers. We have
got business to conduct tonight.
Horowl J don't think so. I think this is not going to go away.
Courtneyl Well, then, why don't you two work it oul. I am not sure that it is
pertinent to the business tonight.
Kubbyl It is not Sue and I. I was just asking for clarification. It is a lot more than
Sue and I.
Courtneyl I would like to move on with the meeting.
Horowl Okay. That is fine.
Kubbyl Thank you for your comments, Clara,
Pigott/ Thank you, Clara.
Courtneyl Any other public discussion not on tonight's agenda.
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Agende ,
Iowa City City Council
Regular Council Meeting
July 20. 1993
Page 1 0
ITEM NO.6.
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CITY COUNCIL APPOINTMENTS
a. Consider an appointment to the Boerd of Adjustment to fill an
unexpired term ending January 1, 1998. (Barbara Ludke re-
signed.)
Action: t>~ ;" ) e....l1..r. ...J1AZ.J-
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b. Consider appointments to the Design Review Committee,:
Action:
Action:
(1)
Three vacancies for three.yeer terms ending July 1.
1996.
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One vacancy for an unexpired term ending July 1.
1995.
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Staff recommends the unfilled positions not be readv-
ertised pending changes in the City Administrative
Code and the Design Review Committee bylaws.
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Agenda
Iowa City City Council
Regular Council Meeting
July 20. 1993
Page 11
ITEM NO.7.
CITY COUNCIL INFORMATION.
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ITEM NO.8.
REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY.
a. City Manager.
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Courtney/City Council Information.
Horow/I have got three things. Tomorrow at 5:30 at College Green Park there is a
picnic ~'Ponsored by the Alliance for the Mentally III. Bring a dish to share. I
urge people to come. I have been to those before and they are a fun time and
I think it is a good coming together for that particular purpose.
I would also remind people although I am sure that the Mayor is going to talk
about this too. That those people who which to apply for flood disaster
assistance can apply at the Iowa City West High School. West High School
FEMA program you can apply there. And information has been in the
newspaper both through Iowa State Bank and also First National Bank. I
would like to give them a lot of credit in terms of the amount of material they
have been putting in the paper.
I would also like to say that it gives me great pleasure to let you know that
Johnson County has been awarded a-has been the recipient of a 1993 National
Association of Counties Award in public health for the Healthy People 2000
Project. I am on this particular committee and over a course of several years
we looked at the demographics of the county, the problems, the health
problems in our county, the gaps in resources that we have to address these
problems, and the gaps that still have to be filled. It has provided the citizens
who have taken part in this with a sense of shared responsibility, ownership
and enpowerment in improving the health of their community as well as
themselves. I would just like to give-I am always look for ways for us to toot
out horn and this is one of them. I think Johnson County is to be commended
on this National Association of Counties A ward. That is it.
Ambr/ Everybody knows the condition that we are all in. Our flooding situation.
Unfortunately the county experience another drowning this afternoon out in the
county. Several weeks ago one of our officers had to put himself in an
extraordinary amount of harms way to rescue a fool hearty citizen from the
Iowa River. In looking at these incidence the one was a pure accident but the
other one was almost flaunting the tragedy that could have happened in the
Iowa River. I want to ask the city attorney, do we have the ability now or
need this council consider some of an extra ordinance to impose some severe
penalties to the point of a criminai act for somebody whether they are just
being fool hearty or trying to
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test their own meddle of using the present water way system for stupid
recreation. Putting our men and women of our police department
CHANGE TAPE TO REEL 93-68 SIDE I
Ambr!Do we have something in place now.
Gentry! yes. We bave something in place that would make it hoth a simple
misdemeanor and a municipal infraction to swim. But I think it is in the Iowa
River hetween Ule Iowa dam and the-the Iowa bridge and Burlington Dam.
Unfortunately the ordinance doesn't extend the other direction which is north,
But we can, as long as the DNR goes along with it, we can impose a local
ordinance. As you know our Authorities to impose criminal penalties are
limited to simple misdemeanors, Municipal infraction is something new. But
we can do something and I certainly will look into it if you have a wish to
enact some legislation.
Ambr! If there is the majority of the council that feels as strong about it as I do I
certainly would like to pursue it. The river is going to come up again after we
have lived through this one. I think the situation is going to exist again. And
it just really is not fair to our men and women of our police patrol and fife
department to put them in that kind of jeopardy.
Gentry! I thought Dan gave him a good rounding.
Ambr! He couldn't have had a better guy pull him out.
Kubby! I would like to see how many problems we have had north of the Iowa Bridge
before I would be interested.
Ambrl To me it is the situation. Cbeck it out.
Courtney! I would like to have some sort of-I don't know if we can do this. A
triggering mechanism for wben the river gets so high. When it becomes
extraordinary. Tbere are so many times where it is a nice tittle quiet
meandering river that doesn't create quite the same dangers that-
Kubby! If people want to be exposed to all of those chemicals to swim across.
Horow! That is their choice.
Courtney! That is a slow death not a quick drowning.
Kubbyl But it also duesn't put our people in jeopardy.
Ambr! I would also like to extend my personal congratulations and welcome to Bruno
Pigotllo the city council and Bruno, as you
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will find out in the ensuing months, that you are going to have to get use to
being a new councilor. That goes on for two, three, sometimes four years and
then if your constituenl~ really want to punish you they will re-elect you so
then you won't be a new councilor.
Nov! I don't have that designation anymore now that Bruno has.
Kubby! Have to wait until this fall. He will get over it quick.
Nov! I have flood stories also. I walked along the area in my neighborhood in Rocky
Shore Drive and Normandy Drive and things are not pretty there and I wonder
if we don't need an ordinance that says you most buy flood insurance if you
buy a house along the river because there are people on river front properly
that do and do not have flood insurance and basically they just didn't know and
I talked to one man who said yes my hQuse was designed with a basement that
accepts water and lets it flow again and yes I do have flood insurance. And
other people who did not have a house designed with this style of basement do
not have flood insurance. It just doesu't seem to be the kind of thing that
seems regulated in such a way that those who need it are forced to buy it. I
don't know if we can force them to do it.
Kubby! Usually it is the financial institution. That they look at us to see if you are on
the flood plain and if you are most financial institutions require you to.
Nov! But not all.
Ambr! That is without exception.
Courtney! You may find that there are some of the people that have old mortgages
that may not have required that. But current mortgages, there are no
exceptions to that. It is required when you take out a new mortgage.
Nov! I talked to someone else who said no I don't have it, no I wasn't required to
have it because I didn't have a basement. It is sort of a negotiable requirement.
Each lending institution decides that each house needs it because they have a
basement or that house doesn't need it because they don't have a basement.
Kubby! You can get a thing called an elevation certificate from an engineer saying
that your house and your property is designed in such a way that if it comes in
with the right numbers you can decide whether you have flood insurance.
Nov! It can be that way. Also I have to say that the National Guard was out there
filling sandbags. The neighbors were helpirtg
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and one woman even offered her house for those who had to use the bathroom,
I thought basically things were going well,
Pigott! I just wanted to take a moment after finally taking a seat on city council to
thank both the people who worked so hard to help me get elected and secondly
and perhaps most importantly to thank all of the people in Iowa City who took
the time to vote on July 13. I am proud to say that citizens form all parts of
the city, got together, went out and helped me campaign for city council. I
would like to thank every one of them. The believed in things like affordable
housing, preserving the character of neighborhoods as do many of the voters in
town, protecting Hickory Hill and cutting excessive spending in town. To all
of those who helped in the election I just want to say thank you. To voters
who I talked to on the street and door to door. The ex-fire fighter that I talked
to who is concerned about SEAT service, the women that offered me a coke on
the campaign trail and all of tile other people I knocked on the doors, I would
like to say thank you. I want to work as bard as I can with the people here on
the council to make Iowa City the beautiful place and to continue to make it
the beautiful plp.ce that it really is. Finally I have one last thing to say that I
really debated tulking about. For the most part I think our city council race
and most city council races have been civil and decent campaigns, It is
important for our democracy. Toward the end of the campaign I think that
allegations flew about yard signs and they were fairly silly things. .
Additionally there was a letter to the editor by councilor Horow husband
asking me to take responsibility for the unfortunate incident that took place in
her yard a day after the election. And I want to just say that it is important to
just talk about this as a candidate who ran for election in that the people
involved who ran my campaign talked about open government and talked about
a civil campaign. We believe that the best way to talk about disagreements is
through a debate and not through physical destruction or malicious behavior on
people's property. I want to say also that I believe the Horow's concerns'
about the destruction of their property in their area is something that should be
taken note of on every official. Nobody should be taken advantage of hecause
they are an elected official. If you disagree with their opinions, debate them.
That is important. I don't-I also want to caution
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everyone to judgment as to the responsibility. Our campaign, as I said,
believed that principle disagreement is the basis of our democracy. Tbe best
way to attack issues if be discussing them not by destroying property. I
encourage candidates of all races to stick with that model. I think that is the
best way for ourselves to run. Thank you by the way and I am happy to be
part of this city council.
Kubbyl An additional welcome. I am happy to bave you.
I wanted to give us some thanks. I know that Steve is going to update us on a
wbole buncb of flood stuff. I think it is important for people to think about
bow hard our city workers are working rigbt now. Tbere is extra street. There
is extra time away from their homes. The mayor has been spending an
extraordinary amount of time dealing with the flood issues. The city manager,
our city engineer. So it affects not only themselves but their families as well.
So I just want to thank everyone from the refuse crew to people out manning
phones. People getting good information on how to prevent some additional
flooding problems and especially to the mayor and city manager and the city
engineer for all the extra work that you have done. And all of your crews. I
have had some calls from people feeling some city workers are a little testy
and I think that they have a right to be and that we all need to be patient with
each other. Everyone is trying to pull together as much as they can and I think
we are doing a very good job. So thanks for the extra time.
Novl We should announce that there will be a p.h. on Fringe Area Agreement.
Thursday night here in the council chambers, 7:00 PM.
Courtneyl A couple of three things that I wanted to bring up. There is apparently we
have been seeing on the news programs and even coming form our Attorney
General to he aware of the scams and the deceit that may come down as time
goes on through the clean up process and it has to come to my attention that
we have got one that has already started in the Iowa City area. Some people
have been getting post cards asking for $100 so that they can get forms to file
for disaster money. I just want to say that anyone watching this it is a scam
and that you certainly don't have to pay to get the forms to get this disaster
money. be aware of that. Anything else. If it doesn't seem right it probably
not. If it is too easy it is probably not right.
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T,V. news programs have probably told you that if a contractor is coming door
to door offering to fix property and they will start right now if you give them
money right now, they are prohably not real legitimate. Contractors are going
to be so husy that they are going to be backed up for weeks. They are not
going to be going door to door, Be alert to that. I would repeat what Susan
said, the FEMA people are at West High, They will be there again tomorrow.
We made a very urgent plea to Senator Harkin Friday afternoon to get that
process extended so there would be more days. It hasn't been successful.
Hopefully we will get them back again. I really think three days wasn't
enough. I will let Steve update us on some of the things. I wanted to bring
up again the issue that we talked about last night now that we have a whole
council on the insect problem on Normandy. When I left here I went first to
the water plant and then to Normandy and they really are as big as eagles
down there. The people it was the first thing they asked me if we had talked
about that. I think we need to give them some sort of answer as to whether we
wan to have that done.
Atkins! I have that on my report.
Courtney! I, too, want to just thank all of the volunteers. I have spent most of my
time concentrating between Taft Speedway, Normandy and the water plant
areas. In particular the water plant. I am sorry I didn't get to see the crew
that showed up tonight. I hear through the grape vine that there were billions
of them down there. That ACf certainly did a noble thing today by offering
their employees, all 800 of them, if you want to go home and change your
clothes and go sandbag you could slay on the payroll. I understand First
National Bank was involved again. They are even offering a hot line for
volunteers. The national Guard finally showed up last night. I say that
hecause we had some disagreements over procedures and stuff over the
weekend but we certainly appreciate their help. There were 10-12 people that
didn't leave until 10:30 or 11:00. That they finally gave up down on
Normandy. I saw some spit signs that were in big trouble ripping through that
water. They were back on the job at 8:00 in the morning and I think the
people down there can certainly feel a lot safer, To the staff we just can't say
enough. Steve and I have talked more than I ever want to talk to you again,
And Rick, did you
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#7 page 7
ever get the birthday present and the card the other night A lot of personal
holidays and sacrifices that have been made by the staff. Saturday night I
made my late night visit to the water plant and there was Chuck and Rick both
down there sandbagging and the frre department They typically don't do
those things. Everybody is making sacrifices. 1 think the ones 1 feel as much
empathy as anybody for are the policemen that have to go like this all day
long. They have got to be sore in their arms. They are out there directing
traffic for hours and hours at a time. It is not over. We have still got one
more crest to go through. We are going to have a lot of cleanup to go
through. 1 have been taken to task today, a comment that showed up in tlte
paper. We are not all getting interpreted right in the paper and sometimes it
has to be shorten because there are so many stories to write but it was a
comment in the paper today that the Taft Speedway people had given up. It
was intended that 1 quit getting phone caUs that they want more sandbagging
volunteers and that I had assumed th~t they had quit sandbagging and there is
apparently one house that hasn't quit sandbagging. 1 have been taken to task
on that I apologize and if you need help. Let me know. Normandy people
certainly haven't been bashful about letting us know exactly what they want
and we have tried to accommodate everything.
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Courtney/I'1l turn it over to Steve for an update.
Atkins! The issue as you already pointed it out is the impending Thursday crest at the
Coralville reservoir, Just to step back for a moment, every morning at 7:30
Rick, University officials, folks from the city staff and the Corp have a
conference call. At that time they go over what their experiencing, what our
needs are. So it is done on a daily basis and Rick represents the city and I
would like to say represents us well during those conversations. Then shortly
after, at about 8:30, we all convene to discuss what happened the night before,
layout the plans for the remainder of the day. In managing a disaster of this
nature, as I think most of you can appreciate, it really is day by day. It is not
like a tornado comes to town and tears things apart and you hunker down and
get yourself cleaned up and get back on track. This one is and unfortunately I
don't know how you predict that apparently when is the end in sight. No one
can really predict that. The process that is underway probably as we speak is a
re fortification of our water treatment plant. We have made that sort of our
top priority because of simply the fact that it could affect 60,000 human beings
in our community. The process is our sand bag levies Are being substantially
added to in anticipation of the very real potential that the river will further
overflow its banks and thereby jeopardize our pump station and treatment
process. Additionally that re fortification process becomes even more
necessary because of the rain that we have in the foreca~t over the next few
days. Evidently tIuough Saturday. While that localized flooding can be a
problem with respect to the river, obviously measuring that outflow from the
Coralville Reservoir is the thing that we have to be most cautious about.
However if we do get substantial heavy local rains, that means that local
flooding will reoccur. Bottom line is that all of our creeks and streams run
one place to the Iowa River. The Iowa River can only take so much, As an
example, if you go by the Animal Shelter, you will see a creek that is literally
filled with stagnant water. That sleuth in the river has backed up that far. We
experience flooding the other night in some of our isolated neighborhoods
where folks are surprised that it is occurring. Well, basically the problem is the
storm sewers fill up and it just keeps backing up further and further. We
believe that our water treatment plant has some jeopardy. But we also believe
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#8a page 2
that we have everything technically and humanly possihle in place to protect
the plant. We have contingent plans available if something were to occur. We
will continue to encourage and tomorrow we will hopefully re-announce the
fact that when you go to bed Wednesday night, set aside some fresh drinking
water for yourself. We don't expect the worse but if there is a circumstance
that something would occur, the treatment plant is compromised. The
contingent plans could take several hours or several days to put into gear. So
it allows individual families to sort of protect themselves from that eventuality.
Traffic issues continue to be a genuine pain in the neck, We are taking
literally everything that you nnrmally think of coming in on 380 and 965 is
coming in down Hwy I into our community. Our police and the state troopers
are doing whatever they can, You are right, there is a lot of arm waving
going on. There is really not much else they can do but try to move traffic
through. We understand that 380 and 965 are likely to be closed for sometime
so the traffic problem is not going to go away. The isolated flooding around
town I am sure adds to that. people have become accustomed to a route and
low and behold the next day that street is flooded. Even if it is for a short
period of time. Last evening the Park Road bridge was closed for a short
period of time because of some rise of water. The other bridge that we are
concerned about is the Hwy. 6 bridge down near Hills Bank. Either one of
them would simply exacerbate the traffic problem that we already have. Park
Road bridge would be, in effect, Rick's call to tell us what we have to do.
The Highway 6 bridge is out of IDOT. There are some interesting peripheral
kinds of issues that are occurring. Officially, calling our contacts with FEMA,
we have not been declared an official disaster area for the purpose of receiving
public aid. We understand from FEMA that there is no doubt that we are
going to get that. We are preparing, following what we heard from Senator
Harkin last Friday, wee hope to have at least a preliminary estimate of our
damage and what we expect we are going to have to do as of Thursday
morning. That is our target dale to get that number and to get that off to our
congressional delegation, As I am sure you are aware, we really won't know
until the water goes away exactly what the extent of the damage is. '
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Kubby! Who makes the determination as to whether we are considered a disaster area.
Atkins! President Clinton. He has to make that decision. And Karen, my
understanding is that it is a technicality. That it hasn't officially happened
until it get~ blessed.
Kubbyl But that doesn't prevent people from applying.
Atkins! I said public participation. Private we are okay on, The FEMA set up now is
strictly private. If you bad damage to your bome, all of those things, you can
go do that.
Kubby! For the municipality,
Atkins! Right. It is the expenses that we are incurring. We have set up internal
control measures. We are keeping track of all of our expenses and we are
preparing those estimates. As an aside, in a fit of I am not so sure what we
call it, we are beginning to think about clean up plans because once the water
goes away we are going to have a mess that we are going to have to clean up.
We have made some jokes about what we are going to do with all of the sand
and so forth. There are just going to be a whole variety of issues that we are
going to have to attend to. I think that kind of leads me into the next point.
We have many capital projects and street repair projects that are simply not
going to get done this year. As you know we had a tough winter , We had a
lot of pot holing and damage to many of our streets. We are trying to maintain
a reasonable degree of normalcy. We can break crews loose, We are trying
to do the street patching as we can see. We generally are very proud of our
streets and the fact that we have worked hard to keep them that way. So we
are going to lose a little ground this year. I am hoping the public's memory is
long around January and February when things are a little bumpy out there in
the winter time. But it will be a difficult process for us. Specifically, Darrel,
you raised the issue of mosquito control. I know more about mosquito control
than I ever ever want to know in all of my life. Bottom line is prior to
proceeding with this we contacted the Health Department. We wanted to make
sure that we understood what the issues were. The Heath Department was
very helpful to us. Their opinion is that spraying, fogging, at best is a short
term solution and that we would be back there every three, four, five days,
having to continue to spray. They do not endorse thi: spraying. It doesn't
mean we cannot do it. They do not endorse it. We
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asked them that their endorsement would be nice. But we have citizens that
are saying we want something dune on our behalf. We have learned of a
couple of products. I am assuming we are allowed to have commercial plugs
for names. There is a product called AltoCid (sp?). Evidently available in
most of the nurseries. It is a product that is like a little briquette that you put
in standing water that is evidently environmentally safe but it inhibits the
growth of the mosquito larvae and that those that are around are going to
remain around hut there aren't going to be any of those new little critters. I
talked to the Health Department and she said that may be somewhat of a dent
in it but the mosquitoes could be coming from just about anywhere. That
doesn't necessarily mean that they are breeding, for example, down on
Normandy. It can be purchased privately. If it is to be applied officially, like
by us, we would have to get a certified Peb'ticide applicator which we have on
staff. We are exploring that a little further. That appears to be about the best
we can do right now unless you all feel very strongly. I have to take and weigh
that endorsement from the Health department. They are not saying this is bad.
People aren't going to be in jeopardy. They are just not convinced to the fact
that is going to make that big of difference. I think that is all,
Courtney/ I think the people got the biggest scare when the water went down on
Saturday and it left some sludge and actual sewage there and they actually saw
the mosquito larvae and breeding going on and they interpret that as being a
serious heath threat because they have no idea of what is in all of that.
Atkins/ Evidently there are flood mosquitoes and regular mosquitoes. I don't know
what you call them. And that is not uncommon. I don't have another name
for them.
Kubby/ Whatever we decide to do, I would like to make sure that we notify people in
the area and in the surrounding area that we will be either disbursing through
water something.
Atkins/ The only disbursal through water Karen, would be if we would put these
briquettes in the standing water. And a citizen can go out and do that
tomorrow. They don't need our permission to do that.
Kubby/ But if we are going to do it officially I think we have an obligation to notify
people ahead of time and to research this product a little more. I do not wanl
to take fogging as an initial
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re.~ponse, If we should ever decide to do fogging I think we need lot~ and lots
of notification so people can choose to not be exposed.
Courtneyll think you need to understand that the majority of the folks are interested
in doing this immediately. And that they don't want to wait for a long
governmental process to take place, We can put it in the press and put some
signs up and that sort of planning, They didn't want us to go through a week's
worth of investigation on the product and go to door to door for a mile around
and all of that sort of thing. They are worried about it right now, And if we
are going to tell them no, we are going to tell them no. As I told you, Steve
and I have made a lot of decisions on our own through this whole thing and
hopefully they turnout to be the right decision. This is one we didn't feel
comfortable making on our own and timing worked out great.
Kubby! I wasn't talking about going door to door. I am just saying some kind of
notification is imperative.
Atkins! If it gets down to this, the notification that I would think that we would do at
the very list is that we will have a police officer with a bull horn. We still
have a little bit more work to do on this. I need some kind of a feel.
Courtney! I guess what we are looking for is four people that are interested to give us
some flexibility to take care of what is being requested down there.
Kubby/I would say that fogging should not be the first response.
Horow! I would agree with that. I am-I appreciate us having plugged into the Health
Department because I think it is from them that we would receive the best
advice and right now their advice is because of the swift flowing river, because
of the increased river flow again in Thursday. The ability to keep the
mosquitoes down is next to nothing at this point. It really is.
Atkins! Just so you understand. They did not endorse it. They did noi say it was
wrong. Just so you under~1and. They have been immensely helpful with us on
this thing on taking us through. Again this Altocid product they identified.
Evidently it is just a briquette and you toss it in and it dissolves and takes care
of it.
Courtney! It is not designed for the river that we have running. I would suggest that
it won't do a bit of good with what is there currently. When the river recedes
and there are selected pools
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around the neighborhood, I think that is probably the proper product. But I
am telling you that is not what they are asking for now.
Kubby! And I am saying that I can't say yes to fogging,
Gentry! Does the County Health Department consider what they are complaining
about a health hazard.
Atkins! No. I can't speak for them. Linda, my assumption would be if, as city
manager, I call the Health Department and tell them what my concern and
problem is. Here is the issue, I laid it out for them not any different than
from on t.v. now. I laid it out for them. I would have assumed they would
have pounced on it right away and say no, you have a bigger prohlem. We
have got to take action and assume certain authority. They did not do that.
They deferred back to us. So they did not assume any kind of jurisdiction in
this. And I am assuming they would have,
Kuhby! Although I think it would be good to discuss with them at this point, as the
water recedes, how does the health situation change when there is sludge. So
that we are preparing now for the water receding.
Atkins! Clearly, they said the receding may require some kind of a spraying because
then they are exposed. Different from fogging. But it depends really on the
extent of the problem, the time of the year. There is just so many variahles to
the thing and I suspect that they are going to want to think the thing through
before they give us a definite commitment. Again, it is an endorsement. Not
a blessing.
Nov! What is the difference between spraying and fogging at this point.
Atkins! The spraying would be intended to be more like spot spraying. The fogging
process that I am familiar with, in another community that I lived in, it is a
truck with fog and they drive the neighborhood. The spraying is we would
probahly get several of our employees who are official applicators. Again,
citizens can do this on their own. They strap a tank on your back and you have
got a sprayer and you zap them right on the spot.
Nov! Will fogging kill mature flying mosquitoes.
Atkins! I understand it will.
Nov! So we don't have to think about larvae.
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Atkins! But the larvae will still continue to grow if they have laid the eggs. This
product is to inhihit the larvae growth. The egg is laid hut nothing happens.
Horow! The trouble is as I understand it is the problem with this fogging business is
that you might get the mosquitoes right now but you don't know that they
aren't coming from two to three miles away.
Atkins! Absolutely, that is what they said. You must repeat the thing. And they can
come form miles away. That was the very word of the health officials.
Nov! I am not as concerned about miles away but I keep thinking these larvae are
going to continue to keep hatching. Every day there will be new mosquitoes
and there will be a new fogging b1Jck, I think it is going to be an endless
process.
Atkins! I don't doubt that it will. We know what the affectionate name for
Normandy. I am not going to say it.
Courtney! Let me see if I am reading this right. We don't have four people that are
willing to have the city involved in insect control down there at this point.
Horow! At this point.
Atkins! That is alII have then.
Courtney! We will pass the word to them.
Kubby! I have another flood question.
McD! You have four that has said they do not want the city involved.
Horow! At this point.
McD! I only counted three. I missed Naomi.
Nov! I think the only way to be involved in fogging at this point would be to send a
b1Jck through there every night. Is that what we really want to.
McD! I wasn't thinking in terms of that specific method, Naomi. If there is another
method that would work that the majority- If they need some relief. I don't
know how bad the situation is. I don't live down there, So people that live
down there are the ones that are experiencing the problem. Now, I have a
little bit of a problem with seven of us sitting up here around a table making
decisions for them when we are not the ones that are actually experiencing that
problem. If there are some types of means available that is approved, that
isn't harmful in anyway, and a majority of people that live in that area would
like some immediate relief and we can help. I certainly don't have a problem
with us going and doing it.
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Kubby! What I heard is that there are four people who didn't want to fog right now.
McD! Again, I don't know that much about fogging, Karen,.
Courtney! We will try to look for something else. What I want to know is if we want
to be involved in sort of control of any kind. And if-
Nov! Briquettes,
Courtney! They won't do any good until the water goes down into small puddles. We
talked about that last night down there. Those things are for-For the size of
the puddle down there now, you would have to have a train load of those
briquettes.
Nov! I understand that. And if we could say we will go in there and we will fog it
one night and that would take care it, I would go for fogging. But the way I
am understanding what everybody is telling me, it is going to be a continual
every night process in order to really do anything.
Atkins! We were informed that you will buy a couple of days out of it and you would
have ltJ go back in. I don't know whether it is every night but I do recall-
Courtney! I think they are willing to accept that.
Nov! I don't know. That is a tough one.
Ambr! I vote for the fogging.
Courtney! I am willing to do anything they want. I have been down there every day
for the last two weeks,
Ambr! The youngsters, the babies, and the small people down there that don't have
the metabolism to fight off a mosquito sting. Some of them also have an
allergic reaction. I don't know if any of you have seen a child that has been
bitten by one or two mosquitoes. It just happens. It is a balancing affect on
what risk is the neighborhood willing to take. If I lived down there and was
going through it, I certainly-
Courtney! It won't be unanimous in the neighborhood. You have to understand that.
Ambr!Y ou shut your doors and windows. You go up town for a couple of hours,
That stuff dissipates and you do kill the mosquitoes. I am thinking about the
youngsters. You told me about one guy that had ten bites on his neck,
Courtney! Right behind his ears. We need to move on. We call' drag this on all
night either.
Atkins! That is all I have.
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U8a page 9
Kubby! I do have one other question. That is when I went across the Hwy. 6 bridge
tonight it really shocked me from the day before how different it was. It seems
like our north sewer plant, the water is getting really near and in the back far
corner. And should we be sandbagging there. What is that risk there.
Atkins! There are sufficient protections built in. We can take some water there. The
question is asked every morning of Dave Alias. We are okay. We are okay,
Kubby! I just need to hear that because when I saw that my heart-
Atkins! Sand and sand bags. We got loads of those. That is no problem getting sand
and sand bags there.
Courtney. Thatis it.
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Courtney! City Attorney.
Gentry! I dun't have anything really except I really feel proud to be associated with
city employees, The police, Puhlic Works, engineers. We have the best in the
world. And I am proud of them.
Atkins! Can you bag sand.
Gentry! I don't bag sand. I write opinions. It is a different form.
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Agenda
Iowa City City Council
Regular Council Meeting
July 20, 1993
Page 12
ITEM NO.9,
CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZ.
ING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A
CONTRACT FOR THE CONSTRUCTION OF THE 1993 SANITARY AND
STORM SEWER PROJECT.
Comment: The bid opening for this project was held July 13, 1993. and
tha following bid was received:
Maxwell Construction $824,820.50
Iowa City, Iowa
Engineer's Estimate $535,150.75
Public Works and Enginaering recommends not to award the contract
and to rabid the projact this winter. See attached memo.
Action: --1\ (jI) I J.Io.w
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ITEM NO. 10,
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CONSIDER PRELIMINARY RESOLUTION FOR CONSTRUCTION OF
STREET IMPROVEMENTS FOR THE 1993 PAVING ASSESSMENT
PROJECT.
Comment: See attached memo.
Action: Aw-.6 l/.k-.o
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ITEM NO.11 '
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CONSIDER RESOLUTION FIXING VALUE OF LOTS.
Comment: See attached memo.
Action:
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#9 page I
Courtney! How do you want us to-
Karr! Vote it down,
Courtney! Moved by Nov, seconded by Horow. Discussion.
Kubby!1 wish we had tons of money so that we coold do this throogh a repair
project. It is so far off the engineers estimate and it seems like we are just
being taken advantage of in a crisis and I hope that we can bid this in the
winter and we will get some competitive bidding closer to the engineer's
estimate so we can start in the sprig. Is that the hope, Okay,
Courtney! In the mean time we are still taking pumps to the selected areas and so on
that are affected here. I think we have repaired one several times.
Rick Fosse! Right. We are going to keep an eye on the areas. We will still have
pumps in the area. And two homes in particular we Are going to look at
putting in back flow preventers that should help eliminate the problem there.
Courtney! I don't want to rebuild his basement very many more times.
Kubby! Did something happen gain.
Courtney! I don't know in the last several weeks. It has been several times already.
Any other discussion.
Roll call- (no)
Kubby! It is two meetings in a row with 7 voters,
Courtney! The resolution is defeated.
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Courtney! Consider resolution fixing value of lots.
Kubby! This item and the next one and the next one that I overlooked the memo and I
don't really know what they are. I need some explanation.
Courtney! Lets get a motion first here.
Moved by Horow, seconded by Ambr. Discussion.
Fosse! Marian, I might need a little help here. I have been so busy with the floods
lately. You been through the assessment process many times,
Karr! Go ahead,
Fosse! This resolution fixing the value of the lots-what that does is it is part of he
state code for getting through the assessment process. Once the value of the
lots are fixed, then if there are objections to the assessment project the weight
of those objections is based on the value of the lot~ of those objecting.
Kubby! This is for the Bowery Street ally.
Fosse! Yes.
Kubby! Now this makes sense. All of them do and there wa~ a memo and I did read
it.
Karr! All four of them are to initiate the process of an assessment project and they all
must be considered separately.
Gentry! Ken H~ecommends it.
Courtney! Okay, Any other discussion.
Roll call-(yes)
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Iowa City City Council
Regular Council Meeting
July 20, 1993
Page 13
ITEM NO. 12 '
'13- 1'12.
CONSIDER A RESOLUTION ADOPTING PRELIMINARY PLAT AND
SCHEDULE, ESTIMATE OF COST AND PROPOSED PLANS AND
SPECIFICATIONS..
Comment: See attached memo.
Action:
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ITEM NO. 13,
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CONSIDER RESOLUTION OF NECESSITY (PROPOSED).
Comment: See attached memo.
Action:
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ITEM NO. 14,
15-1~"f
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND
THE CITY CLERK TO ATTEST THE 16TH RENEWAL AGREEMENT FOR
TRANSIT SERVICES BETWEEN JOHNSON COUNTY AND THE CITY OF
IOWA CITY.
Comment: This resolution authorizes the 16th renewal agreement for
SEATS service between the City of Iowa City and Johnson County. The
major change for FY94 is that the service will be provided for a flat fee
of $291,000. The City shall make twelve equal payments during FY94.
'Previously, Iowa City reimbursed Johnson County on a cost-per-trip
basis. There ere no other significant changes to the service In FY94.
We have begun the ADA certification process, but it will not go into
effect until FY95.
Action:
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#14 page I
Courtney/Moved by Horow, seconded by Ambr. Discussion.
Horow/ I think we bave been through this quite a long time, I am glad that we have
come out with an agreement that is kind of like the platform from which we
will be working from,
Nov/ We have discussed this more than once.
Horow/ yes.
Courtney/ Anybody else. I have to say that I am not totally satisfied. And until the
issue of Iowa City residents paying for other Johnson County resident's
services is resolved I will not be satisfied. However, we have come to a
compromise that they will have addressed this particular issue by our joint
meeting in September and I can accept that. .
Kubbyl The other thing that I would like us to re;'Pond to is the letter form the school
board.
Courtney/ We have a response written. A draft response written on that already that
hasn't been fmalized.
Kubbyl I would Iike-I have just heard you site some numbers. I would like to see
them on paper. The numbers about the total number of school district rides and
those that are school related that we feel fine about paying and those that we
are having a problem with. I would like to see those numbers and the costs
associated with those. If we could get those in a memo form.
Atkins. Yes.! Okay.
Kubbyl Tbanks.
Nov/ I would also like, if you are going to do this kind of research, to find out if the
people to and from the schools are Iowa City residents. Are we picking up
county or Coralville residents on that.
Courtney/ Maybe Jeff and I should go through this issue for you so that we are clear
on exactly what is being contested here. Do you want to start or do you want
me to.
Jeff Davidson! In response to Naomi's question One thing you need to keep in mind
is that public transit service is open tot he public whether it is an Iowa City
resident or someone from anyplace. they can get on Iowa City Transit. It is
open to the public if they pay the fare. And for the para transit service that is
provided as a companion to that it is also simply open to the public. With the
certification process that we are beginning for the ADA an Iowa City resident
in San Francisco, California, if they have got their certification card is eligible
for para transit
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#14 page 2
in San Francisco and vice versa. So [ think probably that is an issue that we
can't get too far into.
Nov! Okay. [think that issue was probably more of a concern form the last contract
because people being picked up at the schools were being billed to Iowa City
rather than billed to Coralville if they were a Coralville resident. And we are
dealing with a fixed sum so it is less a concern. But that letter does need an
answer.
Courtney! I think the issue. There are
CHANGE TAPE TO REEL 93.68 SIDE 2
Courtney! really need to be followed through. how we got started into providing
service with the schools to begin with is that they took advantage of a clause in
the ADA or was that just for transit funds. For anyone providing a fixed route
service needed to provide para transit service, And so the schools actually
provide their own fix route service to and from school in the mornings and the
evenings. So, they also provide a para transit service for those students in the
mornings and the afternoons because with them providing their own fixed route
service they are required by law to do that. They also have a few students that
have some trips where it is both work and education related, The ones that
they are able to they put on to the city transit service our at West High. And
the ones that aren't they use the SEATS and those are not being contested.
The ones that are being contested are field trips, extra curricular trips where
the .ble bodied students are not allowed to ride on a city transit bus, They are
provided with a yellow school bus for things like trips to Hancher, sporting
events, all of those items where the able bodied students are not using the city
transit service. Those are the trips are really the ones that we are contesting
here. My view on this is that they are providing a fixed route service for able
bodied students when they do tha~ activity. They ought to also provide para
transit service for the disabled students when they do that activity. So far we
haven't come to agreement on that.
Novl And it wasn't just the summer program that was mentioned n the school letter
that we are worried about.
Courtneyl The summer program is a little different. They provide no fixed route
service to and from summer school for any students
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#14 page 3
at all. So the only way that any students have to get back and forth to summer
school is on the public transit service. So they've interpreted that to mean that
we need to provide para transit service and that is why they're not even paying
the $1.50 this summer. I think we have been taken advantage of on this by the
loop holes that they have found on it and it is unfortunate that another
governmental body does that to a second governmental body but it happened
and I think that there is a reverse look hole here that needs to be addressed and
that is what Jeff and I are trying to do through letters.
Nov! We will see the letter. We will get a copy of it
Kubby! Before it is sent
Courtney! No. We have got a draft on it and it says exactly what I have just said. I
have had the draft for two weeks and we just haven't gotten around to doing it
It is that simple. There have been too many other things going on to worry
about this thing. Any other discussion.
Roll call- (yes)
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Agenda
Iowa City City Council
Regular Council Maeting
July 20, 1993
Page 14
ITEM NO. 15,
~3, 1'15
ITEM NO. 16,
ITEM NO. 17 .
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CONSIDER A RESOLUTION AWARDING THE VEHICLE TOWING AND
STORAGE SERVICES CONTRACT TO HOLlDA Y WRECKER SERVICE.
INC.
Comment: Proposals were mailed to 1410cal towing service providers.
The City received one proposal and is recommending award to Holiday
Wrecker Service, Inc. for the three (3) year towing contract. Holiday
currently Is providing the City with towing and storage services of
vehicles impounded due to traffic violations, abandonment and police
investigation. Tha standard tow rate will remain the same.
Action: ~/ l?1tJit~/ , IJ J Jj. ;;;.,: i
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CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZ- ~ I:
ING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR
THE REMOVAL AND REPLACEMENT OF THE ROOF AND INSULATION
ON THE ROBERT A. LEE COMMUNITY RECREATION CENTER.
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Comment: Staff recommends deferring the awarding of this contract
until financing is approved at the Council meeting of August 3, 1993.
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CONSIDER A RESOLUTION AUTHORIZING AND APPROVING FIRST
AMENDMENT TO AGREEMENT BETWEEN THE CITY AND BUSINESS
DEVELOPMENT, INC. IBDn FOR FINANCING HEINZ ROAD CONSTRUC-
TION.
Comment: Since December 1991, the City and eDI have agreed to
continue the repayment schedule for the 1987 loan whereby eDI pays
15% of the net sales price of lots sold as they are sold, Instead of
paying off the balance in four annual installments. This Amendment
merely ratifies past practices, and will stretch the payments out
somewhat longer, but the City remains protected by a mortgage on the
property. m.;;l> 1'1- ~U/
Action: ---1k;/ Ik0
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#15 page I
Courtney/Moved by Horow, seconded by Nov. Discussion,
Kubby/ I am going to be voting no on this. It is because in going 10 Nation League of
Cities conference I bave talked to other communities that have different ways
of doing their towing contract where they kind of spread the business around to
different towing companies. And I know that it bas been an issue in this
community before, And I know that there are tmde offs in choosing different
methods but. I know it can be easier dealing with one company and that the
way we have written our RFP, the reason we only get one company coming
back with a proposals because only one company in town has the equipment to
do kind of the worse case scenario jobs that we need. A pile up on 80, A
trailer truck that has a heavy load on it. I think it is important to make sure
that we have the capability to deal with those worse case scenarios but I would
prefer a system where we might have some specific criteria in terms of liability
insurance and making sure equipment is in good shape but that we could have
a round robin type of towing contract with different companies so !bat for
regular jobs like towing someone off of Washington Street. Almost any
towing company could do !bat and do it just fine, And then when we needed
more equipment or bigger equipment then we could call Holiday Wrecker
because that is the person that can do that kind of job. And I guess my second
comment is in the RFP in the future I would like us to ask people who give a
bid to talk about accessibility issues in terms of how people can getID the
place where they have to get their car. Because, for example, if Holiday
Wrecker, you have to walk quite q ways form !be Comlville bus stop, the
closest Coralville bus stop. I would like that issue to at least be addressed. If
they are willing to provide some kind of shuttle service for a price or to
address it in some ways. It is very difficult if you don't have friends with cars
or that if you don't have the time to ride the bus or even if you do have time
to ride the bus you also have to walk quite a ways. You have to come d.t. to
pay your fee in cash, get the slip, walk d.t. to take the bus and then walk
along the Coralville strip quite a ways to get to Holiday Wrecker. So I Would
like at least Holiday Wrecker and the next RFP to respond to that issue.
Horow/ I was concerned that there was out of the RFP that there was only one that
responded. I am only assuming the given all of
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tlle normal haulings fonn Washington Street it permits this particular company
the ahility to have the equipment for that major tie up. I know that the
disaster-the Johnson County Emergency Preparedness Committee that I on and
it is affiliated with the mutual aid society-mutual aid association for response to
disasters. That ability has to be there and it has to be there when we want it
and I, even though there is only one company that responds, I would hate to
think that we would put a jeopardy by not awarding this to Holiday Wrecker.
That we would not have the ability of saying, hey, we give you enough service
on the rest of this, we want you where we want you when we want you. That
is the only reason that I will vote for this because I too have problems with an
RFP that goes out that you only have one company responding to. I am giving
them the benefit of the doubt that in this particular business this particular
company is the only one that can afford the large equipment that is needed for
a disaster. A major disaster.
Courtney! There are some inherent problems with having four or five companies that
are allowed to respond in some cities where certain police officers call on
certain ones, There is always allegations of favoritism. And that is the sort of
trade offs that you get. And I am not saying one system is better than the
other one. Unfortunately we only have one company that really is of a good
size. Last time around we had one that came close but still didn't have-
Atkins! I think the Big Ten does the University and they have big equipment also.
Horow! I am distressed that only one responded.
Courtney! It is their choice whether they want to respond or not. We go through this
all of the time on bids and things.
Kubby! Y cah and sometimes we say no.
Courtney! Sometimes.
Pigott! What is the theory not can't hear). If there is a Big Ten out there .isn't there a
way to ask them again to resubmit the proposals because there has only been
one. Isn't there a way to prevent-some sort of way to prevent the problems
you mentioned regarding possible misuse of calling out a wrecker company in
that one or seldom used case where you need the big equipment. I don't
understand the arguments totally and I am asking the people who vote yes on
this why they think that
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#15 page 3
the misuse- Is there a way we could avoid that misuse thruugh a several-
Horow! Like a rotary,
Pigott! Yeah. Through a rotary thing so you have a card catalogue file or something
so that the dispatcher or whoever calls it out is drawing up an instance might
be able to pick on and if it doesn't work then they do the next in line.
Gentry! Bruno, in response to your question a little committee always gets formed
about once every two years. It is made up of R.J. Wrinklehake and Kathy
Eisenhofer who is our purchasing agent and me. I don't know why me but.
And Joe Fowler. And we go through these same issues. The problem is
Holiday Wrecker is the only one with the large storage area in place and R.J.
candidly said that he would be concerned about the confusion of having more
than one. We discussed this every two years and we come to the same
conclusion and recommended against it. But, of course, that is your choice,
Kubby! Other communities do it and have found ways to make it work.
Gentry! I am not saying it is not doable. I am just conveying what this committee
hashed out over the past couple of months.
Courtney! I am particularly encouraged this time because the rate didn't go up. with
only one bid and a much higher bid I would have been much less inclined to
be favorable for a one company thing. But when they don't raise the price it is
pretty hard to argue for me anywhere. And yes we do go through every three
years.
Kubby! Last time it was when I was on vacation.
Courtney! It became an election issue at one point if I remember right.
Kubby! Yeah.
Courtney! Any other discussion.
Roll call-
The resolution is adopted, Kubby and Pigott voting no.
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#17 page I
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Courtneyl Moved by Horow, seconded by Ambr. Discussion.
Novl There is a paragraph 4 that says we accept lot 2. Why is one lot accepted,
GenlTy! That lot was never in the original mortgage and agreement. It had already
been sold.
Kubby! I don't have a problem with down the 15% instead of he annual payment but
if all of the lots are sold and the 15% is paid are we-is that enough to pay us
off,
GenlTyl Don.
Kubby/l want to make sure that what we are saying here is that we will get paid in
full even with the 15 %.
Don Yucuis/lf the lots are sold we should be protected at the 15% level. I want to
say over the last two years we have been only about 4 lots that have been sold
and we probably get, I want to say off of the top, close to $4,000-5,000 each
time,
Atkins! And I sit on the Board to represent your interests. So the lot value cannot be
arbitrarily reduced dramatically thereby lessening our 15%. I know what they
owe us out there. So that is sort of how we control that.
Kubbyl I guess I don't see any language in the contract to protect us from
underpayment and to protect them from over payment.
Atkinsl We wouldn't close,
GenlTy! You arc still protected by the mortgage. If they don't repay the loan then you
go in and foreclose,
Kubbyl So the worse case scenario is if all the lots are sold and the 15% doesn't cover
it we have some recourse.
GenlTy! Assuming the value of the land doesn't drop dramatically which I don't
expect it to. You are still protected.
Kubby! It is just a slow process.
Yucuisl We have to release every time a lot is old, we have to release part of that
mortgage so that they can do whatever they want with it. So they have to
come to us prior to distribution of the funds and everything is spelled out on
who gel~ what and which banks get what share and our share.
Kubby! Okay. Thank you.
Courtneyl Any other discussion.
Roll call-
The resolution is adopted.
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Agenda
Iowa City City Council
Regular Council Meeting
July 20, 1993
Page 15
ITEM NO. 18 '
'13-IQ'l
ITEM NO. 19-
'13-IQ"
ITEM NO. 20 '
CONSIDER A RESOLUTION ACCEPTING DEDICATION OF PROPERTY
ADJACENT TO ROHRET ROAD FROM THE IOWA CITY COMMUNITY
SCHOOL DISTRICT.
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Comment: The Iowa City Community School District plans to construct
en elementary school on a parcel of property adjacent to Rohret Roed.
In order to develop thet site, the School District must provide the City
with sufficient right-of-way along Rohret Road. This Resolution accepts
the School District's dedication of the right-of-way elong Rohret Road,
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CONSIDER A RESOLUTION AMENDING THE BUDGETED POSITIONS IN ,;
THE POLICE RECORDS DIVISION OF THE POLICE DEPARTMENT. I '
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Comment: This position provides assistance to the full-time employees
In the Police Records section as well as works a full eight hours on
Fridays. Total hours worked are twenty per week, 52 weeks per year.
By contract this position must be a permanent part-time position rather .. 11
than the temporary pert-time. ilL tj) ~te(;(.
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CONSIDER A RESOLUTION AMENDING THE BUDGETED POSITIONS IN
THE LIBRARY.
Action:
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Comment: The Library proposes to upgrade a vecant helf.time position
from library clerk (Grade 2) to senior library clerk (Grade 4.) This
position is in the eudio visual department and Is responsible for
malntenence, troubleshooting and minor repair of the library's extensive
inventory of audio visual equipment (149 different pieces). The person
in this position also serves as a video production asslstent for Channel
9 and In that regard shares a similarity with the production asslstent at
Channel 4 (Grede 6).
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#19 page I
Courtney! Moved by Horow, seconded by Ambr.
Kubby! I just want to express some reservation. not about the need for the position,
but this is the second employee that we have improved for the police
department outside of the budget process which we will then be carrying over
into future budgets. One through a state grant that after two or three years
will probably continue to support and this one. I am just hesitant that we do
new employees in the middle of the year even though I understand the need.
We did the engineer too.
Atkins! This is a little bit different. We have a budget for temporary employees.
And because of the hours worked by the employees according to our union
contract language we would bave to get rid of them a hire someone else. This
case it would become a permanent part-time position and thereby eligible for
benefits.
Kubby! These people are already employed.
, Atkins! They are already there. What is doing-
Kubby! They got some prorated bennies now.
Atkins! Yes. Their position has improved. It costs us more butla satisfy the contract
we are only permitted to keep temporaries nine months. Then we would have
to lay that person off and go hire someone else. So it works better for
everybody this way. The employees as well as the department.
Kubby! Okay. Thanks for that clarification.
Courtney! Any other discussion.
Roll call-
The resolution is adopted.
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Courtney! Moved by Ambr, seconded by Horow. Discussion, Do you want to explain
this.
Atkins!) am not going to be very good at it. The library and the administration of
the library board goes t1Irough whatever gyrations t1Iey go through with these
recommendations,
Courtney! I am a little conceroed why we are upgrading a vacant position. We are
upgrading it from grade 2 to grade 4. Why.
Atkins! Evidently they feel the responsibilities are such.
Courtney! How do they know.
Nov! They obviously want to hire somebody with more background experience,
training, etc. Therefore they need more money.
Atkins! Thank you, Naomi.
Courtney! And a lot of times we have at the bottom of these what this costs us. Do
you have any idea what this is costing us.
gentry!) thought this was someone who was already there that was being upgraded.
Courtney! It says it is a vacant position.
Atkins! That is what) understood when it was presented through the agenda,
Nov! The vacant position is in grade 2. Now the vacant position is going to be in
grade 4 but they are going to fill it anyway. It is virtually the same as
upgrading.
Atkins!) am sorry folks. I don't know the amount and a lot of the details. The
library's personnel system is run independent of ours, You can postpone it for
two weeks.
Ambr! I think we ought to.
Aikins! If you are uncomfortable about it.
Ambrl Our typist did a nice job of typing this up-
Courtney! I had a heck of a time reading it.
Atkins! Bump it for iwo weeks and we will get some one here at the next meeting
here for you. What is your pleasure.
Courtney! If they just want to write us a nice memo.
Kubby! We don't need a staff person, just some information,
Courtney! I need to know why it has to go from 2 to 4 and what it is going to cost
me.
Atkins! We can take care of that.
Courtney! We have a motion to approve.
Karr! We have a motion on the floor if you want to withdraw it and make a motion to
defer.
Ambrl I withdraw.
Horow! I withdraw.
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#20 page 2
Courtneyl Do we have a motion to defer to August 3.
Moved and seconded (PigotU Ambr) to defer to August 3. Discussion,
All in favor (ayes)
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Agenda
Iowa City City Council
Regular Council Meating
July 20, 1993
Page 16
ITEM NO. 21 '
~5-3.S'f3
CONSIDER AN ORDINANCE AMENDING CHAPTER 32.1 "TAXATION
AND REVENUES" OF THE CODE OF ORDINANCES OF THE CITY OF
IOWA CITY, IOWA BY AMENDING SECTION 32.1-55 THEREIN TO
REVISE SOLID WASTE LANDFILL USE FEES (PASSEO ANO ADOPTED.'
ITEM NO. 22 -
Comment: This ordinance revises solid waste landfill use fees ($38.00
plus tax to $44.25 and $49.25 plus taxI, special waste disposal fee
(1-1/2 times landfill use feeto 2 times landfill use fee), and the minimum
landfill fee from $6.00 to 15 % of total fee per ton. In addition, a special
waste permit fee of $800.00 is established.
Action: .I#w / ~~/ ' !) 'I- tV
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CONSIDER'AN ORDINANCE AMENDING SECTION 10,35 OF THE CODE
OF ORDINANCES OF IOWA CITY, AMENDING THE BOUNDARIES OF
THE VOTING PRECINCTS IN IOWA CITY TO INCLUDE PROPERTIES
ANNEXED SINCE 1991.1 (SECOND CONSIDERATION.)
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Comment: The City of Iowa City has annexed five areas since the voting
precinct boundaries were established in 1991. The proposed amend-
ment would add the annexed areas to adjacent voting precincts.
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Courtney!Moved by Horow, seconded by Nov. Discussion.
Kubby!1 figured out another question about that $800, Maybe you can answer it and
maybe you can't. Is that an application fee to get permission to use special
waste.
Atkins/II is permission. You have to apply and this buys you the right.
Kubby! If I come in and say that I have this stuff and I want to get a special waste
authorization.
Atkins! That is different. A special waste authorization is different. The actual
authorization for the tonnage and all of that.
Kubby! What is the special waste permit.
Atkins! You have to get the fee to be able to do it. Then the actual cost of the
dumping.
Kubby! I am saying that I have stuff and I come to the city and say that I want
permission to dump this in the landfill, And I understand that I will pay two
times the tipping fee. Is this $800 giving me the opportunity for you to look at
my stuff to see if you want it or not.
Atkins! You won't even get in the door without paying this.
Kubby! So I could pay my $800 and you could say that we don't want this stuff in
our landfill and I am out the $800.
Atkins! If the person said I bave got this. We will be reasonable about this. We are
not going to rush out and cash the check and come back and say no.
Kubby! I didn't mean it like a malicious thing. But if it were something that we
decided that we did not want to take the risk at our landfill. It costs $800 to
ask.
Atkins! Yeah. You have a permit to use it. That isn't a carte blanch. you have to go
through the process of special waste authorization, going to do the tesll,
approve everything
Kubby! That costs money so I would assume we would deduct what it would costs us
to figure out if it is okay with us and maybe refund some back or maybe not.
I am not sure what it says.
Gentry! I think it is non-refundable.
Kubby! Basically, it is like an application fee.
Atkins! you purchase a right annually. That is it. We can-when you come in it is a
right. You come in, say yes we will, I am sorry we are not going io take it,
we don't want Ulat.
Nov! if somebody came in with something that we found out that was too hazardous
and we weren't allowed to put it in the landfill after it went through the lab
tests I think we have
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#21 page 2
every right to refuse it. If it is allowed in the landfill then the lah test say it is
okay and you pay the dumping fee,
Atkins! Okay.
Kubbyf They are saying you pay that $800 even if the lab comes back and says that
this is dangerous stuff.
Novf That is right. you are paying for the lab work. If the lab work happens to cost
less than the $800.
Atkins! I understand it that way.
Courtney! Any further discussion.
Kubbyf You don't have any toxic stuff at your place, John, to pay this $800 for,
McD! Not a drop. Nothing but pure stuff.
Courtney! Roll call- (yes)
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Agenda
Iowa City City Council
Regular Council Maeting
July 20, 1993
Page 17
ITEM NO. 23 '
CONSIDER AN ORDINANCE AMENDING CHAPTER 18. ENTITLED
"HUMAN RIGHTS: OF THE CODE OF ORDINANCES OF THE CITY OF
IOWA CITY. IOWA, TO EXPAND THE EXEMPTION FROM THE ORDI,
NANCE FOR THE RENTAL. LEASE. OR SALE OF HOUSING BY NON-
PROFIT CORPORATIONS. (FIRST CONSIDERATION.)
Comment: Tha "Human Rights" ordinance currantly permits non-profit
corporations to lease or rent housing accommodations preferentially to
parsons based on their sax or the presence or absence of dependants.
This provision is one of seven exemptions to the section which prohibits
discrimination in tha area of housing. This amandment would expand
tha exemption to also parmit non-profit corporations to sell, as well as
lease or rant, a housing accommodations preferentially to persons based
on thair sex and tha presence or absence of dependents. This amand-
ment was requested by representatives of "Habitat for Humanity," an
organization which attempts to provide housing primarily for families in
need and which is to begin providing such services in Iowa City. At its
regular meeting on June 28, 1'993, the Human Rights Commission
recommanded that Council adopt this amendmant.
Action: JJf!1J / ~ 1st- c. v 0 f '
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ITEM NO. 24 '
ADJOURN TO EXECUTIVE SESSION. .
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#2c.(8) page I
Courtneyl
Karrl July 31 is the expiration of their license. Sorry I didn't have it memorized.
Gentry I You can vote to deny,
Kubbyl They can stay in business anyway.
McD/Karen, I don't disagree with some of the comments that you made earlier. But I
keep going back to the problems that we have had in this area through the
years. If you can't, I will be your strongest advocate. If you can get the liquor
enforcement policies changed to give local municipalities more authority in this
area. In the years that I have been involved in this know that the League has
tried it through the legislature, I know, for example, that the Large City
Mayors Organization has tried it by appealing to the Governor and various
legislators. If I remember correctly and Marian can correct me on this-the
Clerks Association they dealt with this issue. The Iowa Clerks Association. I
know the Iowa Police Chiefs Association has dealt with this particular issue to
give more local control. The present system that we are under now is fine. I
understand if you make a negative vote just out of principle. Just to lake a
stand. But that is exactly what-that is all you are doing. As far as
accomplishing anything we are not accomplishing anything.
Kubbyl I figure I don't want to vote out of resignation that it doesn't matter what we
do.
McDI Maybe I have beaten my head against the wall too ling. I don't have a problem
with going ahead and voting to approve. They are holding a hearing on some
of the charges. The other thing iliat you have to remember when this
particular issue. It comes to the forefront here and in Ames more than it does
in other communities just because of the young population we have. If you
think back and remember when the 21 Rule went into affect and the hlackmail
the federal government used ion order to get states to comply with the 21 Act.
Iowa was one of the last states to comply. Iowa fought it for as long as they
could hefore they were going to lose Hwy. funds on it. Then they didn't have
any choice. So then when the legislature finally did adopt the 21 Rule the type
of misdemeanor that was implemented was a slap on the wrist. This wasn't
done by accident. This was done on purpose hy the legislature to show their
disgust or their unhappiness with the federal government telling them what the
drinking age should be in a particular
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state. So they put the minimal amount of fine on it that they possibly could.
Kubby/ I actually agree with that especially for the 19 and 20 year olds, That is why
it is so important for me to have the information. To think ahout deferral so
we can get information about how many of those 73 underage violations are of
people under the age of lB.
Nov/ Their are not likely to be under age lB. They are likely to be lB.
Kubby/IB years or younger. I don't know if that is how the codes are broken up.
gentry/ Steve did you say you got the figures for 18 and under or just underage.
Atkins/I have them all. What we will have to do is we will go to the computer and
pull each case file and get the person charges and we will just run those to
come up with the ages. I just didn't do it that way.
Gentry/ In this country I want to remind you that people are innocent until proven
guilty in a criminal law and the fact that someone has heen cited doesn't mean
that there has heen a violation or a conviction. I think I wouldn't mind you
thinking ahout deferral instead of denial because we don't really have accurate
information.
Kuhby/ I agree with that and I would be more interested in deferral. I don't have the
information I need to say no,
gentry/ I don't want to acting arbitrarily. Frankly, I am here to advise against that.
McD/ I would be in favor of going ahead and approving it. The police chief has
signed off on this. he has had a long heart to heart discussion with the
problems that exist. There has hee commitments made supposedly that steps
will be taken to remedy these infractions. Again, since we don't really have
any control in this area and as long as this present system exists it doesn't
appear that there is going to be a willingness on the part of the legislature of
the State Board of Liquor Control to allow any local control. I would be in
favor of going ahead and acting on it.
Courtney/Moved to defer this to August 3. (Kubby/Pigotl). Moved and seconded to
defer. Discussion.
I think we need to all be aware that that in essence pul~ them out of business.
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#2c,(8) page 3
Karr/ No. We have new provisions now where timely filed renewals and what that
basically means is that a straight renewal with no change of ownership who
files the proper application and forms allowed to remain open. It is viewed as
timely filed until council consideration. That is done because of number of
municipalities in this state meet on a monthly basis and often times that does
not make it a good time for some of these applicants to hit that. Like two
months ahead to get ahead of he schedule. So that was specifically put in there
to allow for irregular, if you will, council meetings. No, he would he allowed
to operate on his existing license until your next council meeting 1 believe. We
haven't been able to check that out but that is what we do with other applicants
who come in in between meetings.
Nov/ How many people will we have here to vote on this on August 3.
Karr/ We have 6 people on August 3. We need 4 either way. 3-3 does nothing.
McD/ls that going to be a yes vote or a no vote.
Courtney/We have a motion and a second to defer. Any other discllssion.
All in favor (Horow, Kubby, Nov, Pigott)
Opposed (Ambr, Courtney, McD)
Motion passes 4-3.
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City of Iowa City
MEMORANDUM
DATE: July 16, 1993 , '
TO: City Council i
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FROM: City Manager I
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RE: Work Session Agendas and Meeting Schedule !
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July 19, 1993 Monday I
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6:30 P.M. . Special Council Meeting. Council Chambers .1
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Separate agenda posted ,
6:45 . 8:30 P.M. City Council Work Session. Council Chambers
6:45 P.M. . Review zonin9 matters
7:15 P.M. . Neighborhood Open Space Plan :i
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7:30 P.M. . Construction of New Public Housin9 ! \
7:45 P.M. Chauncey Swan Parking Garage I . I
8:00 P.M. . Council agenda, Council time, Council committee reports I I"
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8:15 P.M. . Consider appointments to the 80ard of Adjustment and I: ' !'
Desi9n Review Committee " 'I
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July 20, 1993 Tuesday I"
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7:30 P.M. Regular Council Meeting. Council Chambers ' ,
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Adjourn to Executive Session (Performance evaluation ! i '
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of City Attorney) I !
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August 2, 1993 Monday :1,
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6:30 ~ 8:30 P.M. City Council Work Session. Council Chambers II
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Agenda pending ,
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\ August 3 , 1993 Tuesday
i 7:30 P.M. . Regular Council Meeting - Council Chambers "
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PENDING LIST
Appointment to the Committee on Community Needs. August 31, 1993.
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