HomeMy WebLinkAbout1993-09-28 Agenda
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IOWA CITY CITY COUNCIL
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AGENDA
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REGULAR COUNCIL MEETING OF SEPTEMBER 28, 1993
7:30 P.M.
COUNCIL CHAMBERS, CIVIC CENTER
410 EAST WASHINGTON
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AGENDA
IOWA CITY CITY COUNCIL
REGULAR COUNCIL MEETING. SEPTEMBER 28, 1993
7:30 P.M.
COUNCIL CHAMBERS
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ITEM NO.1.
CALL TO ORDER.
ROLL CALL.
ITEM NO.2-
MAYOR'S PROCLAMATION.
a.
Fire Prevention Week - October 3-9, 1993.
/I: ~~M
HEAT'S' O~ Day. Octo~er 2. 1993.
b.
ITEM NO.3-
CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED
OR AMENDED.
a. Consider approval of Official Council actions of the special
meeting of September 13, 1993. and of the regular meeting
of September 14, 1993. as published, subject to corrections,
as recommended by the City Clerk.
b. Minutes of Boards and Commissions.
(1) Housing Commission meeting of August 10, 1993.
(2) Riverfront and Natural Areas Commission meeting of
September 15, 1993.
(3) Planning and Zoning Commission meeting of Septem-
ber 9, 1993.
(4) Planning and Zoning Commission meeting of Septem-
ber 16, 1993.
(5) Airport Commission meeting of August 17. 1993.
c. Permit Motions as Recommended by the City Clerk.
(1) Consider a motion approving a Class "E" Beer Permit
for Quik Trip Corporation dba Quik Trip #503, 123 W.
Benton St. (Renewal)
(2)
Consider a motion approving a Class "E" Beer Permit
for Quik Trip Corporation dba Quik Trip #548, 955
Mormon Trek. (Renewal)
(3) Consider a motion approving a Class "E" Beer Permit
for Nordstrom Oil Co.. dba Sunset HandiMart, 1410
Wiilow Creek Dr. (Renewal)
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. Agenda
Iowa City City Council
Regular Council Meeting
September 28, 1993
Page 2 '
d.
93 - 2.5 '1
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13 - 2.100
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(4) Consider a motion approving a Class "C" Beer Permit
for Deli Mart Corp., dba Deli Mart #1, 525 Hwy. 1
West. (Renewal)
(5) Consider a motion approving a Class "COO Liquor
License for Michael H. Tanchinh dba China Palace
Restaurant, 21 Sturgis Corner Dr. (Renewal)
(6) Consider a motion approving a Class "C" Liquor
License for Diamond Dave's Taco Leasing Corp., dba
Diamond Dave's Taco Company, 1604 Sycamore
#330 Sycamore Mall. IRenewal)
(1) Je&~
Setting Public Hearings.
(1) CONSIDER A RESOLUTION DETERMINING THE
NECESSITY AND SETTING A PUBLIC HEARING FOR
NOVEMBER 9, 1993, ON A PROPOSED CITIZEN
BUILDING URBAN REVITALIZATION PLAN FOR A
PROPOSED URBAN REVITALIZATION AREA IN THE
CITY OF IOWA CITY, IOWA.
Comment: On May 11. 1993, the City Council
adopted Resoluiion No. 92-256, a resolution support.
ing the concept of granting a ten-year one hundred
percent property tax exemption on the actual value
added by the improvements to the former Press-
Citizen Building. Prerequisite to granting property tax
exemption, the City must adoptsn urban revitalizatic.n
area and an urban revitalization plan.
Resolutions.
(1) CONSIDER A RESOLUTION AMENDING AN AGREE.
MENT BETWEEN MERCY HOSPITAL AND THE CITY
OF IOWA CITY FOR USE OF PUBLIC RIGHT-OF-WAY
FOR PLACEMENT OF ADDITIONAL TRAFFIC INFOR.
MATION SIGN.
Comment: This resolution will amend a prior resolu-
tion and agreement between Mercy Hospital and the
City permitting Mercy Hospital to place informational
signs in the public right-of'way. Mercy Hospital Is
requesting permission to place one additional guide
sign in the right-of.way of Bloomington Street to
better identify the location of the emergency room
access.
(2)
CONSIDER RESOLUTION APPROVING THE OFFICIAL FINANCIAL
REPORT FOR CITY STREETS AND PARKING REPORT FOR THE
FISCAL YEAR ENDING JUNE 30, 1993.
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City of Iowa City
MEMORANDUM
To: Mayor & City Council
from: City Clerk
Da te: September 27, 1993
Re: Addition to the Consent Calendar
3 f. (5) Letter from Loui se Wolf-Novak & :Thomas Novak regardi ng treesbei n9
removed at 608 Eastmoor.
3.e. (7)
Consider a motion approving a Class C Liquor License for J H'
Enterprise dba I~ Steak Company, 121 Iowa Avenue (new).
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Agenda
Iowa City City Council
Regular Council Meeting
September 28, 1993
Page 3
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f. Correspondence.
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h.
(11 Letter from Karen and Brian Witzke regarding north,
side neighborhood traffic.
(2) Letter from Mechanical Contractors Association of
Iowa, Inc.. inviting Council members to join the "kick'
off" for Project HEAT'S ON.
(3) Notice of purchase of equipment. This is placed on
the agenda in accordance with state law.
(41 Memoranda from the Traffic Engineer regarding:
(al Book return loading zone in the 100 block of
South Linn Street,
(b) Various parking prohibitions on the south curb
of the 10 block east and the 10 block west of
/ ) Jefferson Street.
LS .au.. M-ddI aYj
Applications for Use of Streets and Public Grounds.
(1), Application from New Pioneer Food Co'op for the use
of Van Buren Street for a Midwest Food Festival on
September 26, 1993. (approved)
(2) Application from The University of Iowa Homecoming
Council for the use of public groundS for a Flood Relief
Benefit Walk on October 10; 1993. (approved)
(3) Application from Racquet Master for permission to use
public sidewalk during Sidewalk Sales on September
9.11, 1993. (approved 1
Applications for City Plaza Use Permits.
(1) Application from Socialist Workers Campaign for
permission to set up a table on City Plaza on Septem-
ber 11, 1993, for the purpose of distributing cam.
paign literature. (approvedl '
(21 Applicetion from Billy Howell.Sinnard for permission to
set up a table on City Piaza on September 11 and 15,
, 1993, for the purpose of distributing free literature.
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Agenda
Iowa City City Council
Reguiar Council Meeting
September 28, 1993
Page 4
ITEM NO.4.
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(3) Application from Fred Slocum for permission to set up
a table on City plaza during the period of September
13 through 17, 1993, for the purpose of distributing
literature and offering t-shirts and buttons .for dona-
tions. (epproved)
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ttA 11411U.Ledl
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END OF CONSENT CALENDAR
PLANNING AND ZONING MATTERS.
a. Consider setting a public hearing for October 12, 1993, on an
ordinance amending the Zoning Ordinance by conditionally
changing the use regulations of an approximate 1.2 acre tract
of land located at 605 and 617 Kirkwood Avenue from CC-2,
Community Commercial, and RS'5, Low Density Single-Family,
Residential, to CO,,, Commercial Office. (REZ93,0008)
Comment: At its September 16, 1993, meeting, by a vote of
5-0, the Planning and Zoning Commission recommended
!.pproval of an amendment to the Zoning Ordinance by
changing the use regulations for property located at 605 and
617 Kirkwood Avenue from CC-2 and RS-5 to CO.l, subject
to: 1) the existing curb cut at 617 Kirkwood Avenup being
closed at the applica~t's expense; and 2) an access ep.sement
being established across 605 Kirkwood Avenue to' provide
access to 617 Kirkwood Avenue. The Commission's recom-
mendation is inconsistent with the staff recommendation.
Action: IhM / )111;)
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Agenda
Iowa City City Council
Reguler Council Meeting
September 28, 1993
Page 5
b. Consider setting a public h~aring for October 12, 1993, on an
ordinance amending the Zo, ling Ordinance by changing the
use regulations of a 0.139 acre parcel located immediately
south of Block 3 Braverman Center and west of Keokuk Street
from ID-RM,lnterim Developmen.l~i~lti-Family Residential, to
RM-12, Low Density Multi.Family. iREZ93.0011)
Comment: At its September 16, 1993, meeting, by a vote of
5-0, the Planning and Zoning Commission recommended
approval of an amendment to the Zoning Ordinance by
changing the use regulations for a 0.139 acre parcel, loceted
west of Keokuk Street, from ID-RM to RM.12. The Commis-
sion's recommendation is consistent with the staff recommen-
dation.
Action: -.D~ I k
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c. Public hearing on an ordinance amending the conditional
zoning agreement for an approximate 240 acre tract, known
as Windsor Ridge, located east of Scott Park, south of Lower
West Branch Road and north of American Legion Road.
(REZ92.0013)
Action:
Comment: At its August 19, 1993, meeting, the Planning and
Zoning Commission, by a vote of 4.0, recommended approval
of an amendment of the conditional zoning agreement that
accompanied the March 30, 1993, rezoning of Windsor Ridge
from County RS to City RS.5. The purpose of the amendment
is to clarify the procedures for conveyance of approximately
13 acres of land for a school site to the Iowa City Community
School District. The recommended amendment differs slightly
from what staff originally proposed; but is consistent with the
intended clarification staff felt was warranted. Comments
were received at the September 14, 1993, public hearing on
this item. The public hearing was continued from the Septem.
ber 14, 1993, meeting of the City Council.
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Agenda
Iowa City City Council
Regular Council Meeting
September 28, 1993
Page 6
d.
Consider an ordinance amending the conditional zoning
agreement for an approximate 240 acre tract, known as
Windsor Ridge, located east of Scott Park, south of Lower
West Branch Road and north of American Legion Road. (First
consideration) (REZ92-0013l
Comment: See item c. Per Council direction, first consider' "
ation of this ordinance is on the agenda. I
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e, Consider an ordinance to vacate a ten-foot wide walkway
right-of,way located along the southwest lot line of the 415
N. Seventh Avenue property. (First considerationl (VAC93-
0002) ii
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Comment: At its August 19,1993,meeting, the Planning and Ii
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Zoning Commission, by e vote of 4-0, recommended that the !!
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ten-foot wide public walkway right-of-way located adjacent to ,
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the southwest lot line of Lot 21, Windsor Heights, Fifth i
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Addition, be vacated, subject to retaining the 20,foot wide '1
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sanitary sewer and utility easement located along the N. :1
Seventh Avenue frontage. This recommendation is consistent il
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with the staff recommendation included in the staff report ,
dated August 19, 1993. No comments were received at the ,
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September 14, 1993, public hearing on this item. I
Action: IJwJ / Irk/) /6I't!-1/11
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1f4e page 1
Courtney I Moved by Ambr, seconded by Horow. Discussion,
Kubby I I am usually pretty hesitant to give up public property. But
because this teads to-it is surrounded by private property and
leads to private property there is no real purpose in the publIc
using this piece of land. SO it makes sense to have it be
incorporated into the adjacent property owner's land. So I will
be supporting that.
Horowl I think that is important to raise that, Karen. As we talked
about it before, this particular piece of ten foot wide walkway
led to private property which abutted Hickory Hill. There are
other ways-closer ways of getting to Hickory Hill.
Kubby I And from this direction.
Horowl From this direction a~ well. So I agree.
Courtney I Any other discussion,
Roll call-
The ordinance passes first consideration.
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Agenda
Iowa City City Council
Regular Council Meeting
September 28, 1993
Page 7
ITEM NO.5.
ITEM NO.6,
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Consider an ordinance amending the Zoning Ordinance by
changing the use regulations of an approximate 1.65 acre
tract 01 land located at 702 S. Gilbert Street, Iowa City, Iowa,
from CI'1. Intensive Commercial, to CC.2, Community
Commercial. (First consideration) (REZ93.0009)
Comment: At its August 19, 1993, meeting by a vote of 4-0,
the Planning and Zoning Commission recommended approval
of an amendment to the Zoning Ordinance by changing the
use regulations for property located at 702 S. Gilbert Street
from CI-l to CC-2. The Commission's recommendation is
consistent with the staff recommendation included in the staff
report dated August 19, 1993. Comments were received at
the September 14, 1993, public hearing on this item.
Action: ~/ JbM
,~~/
PUBLIC DISCUSSION.
/5/e 1/11
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PUBLIC HEARING ON PROPOSED RESOLUTION OF NECESSITY FOR
THE 1993 PAVING ASSESSMENT PROJECT.
Comment: Council should, by motion, accept previous letters from
property owners for this project. A memo, Schedule of Assessments,
and copies of le~ters are included with the agenda.~ ~
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#4f page 1
Courtney! Moved by Horow, seconded by Ambr. Discussion,
Kubby! I have a question and I think it is directed at Karin. It is
really Housing and Inspection because they are the ones that
give a building permit. But I am going to ask it anyway and
hope that you can say something. When someone comes in for
a building permit and it is kind of clear what the use is going to
be. For example, in this particular development on the bottom
floor commercial, and the kind of commercial it is going to be.
Does the building Inspector say anything about the CUlTent
zone before the building permit-you need to be clear about
what this zone is for.
Franklin! I can't say that in all cases 11mt is said. When the building
permit comes in what it probably would indicate is this is going
to be used for a commercial use and 111ere is a certain square
footage for each of the units that is going to be leased as
commercial space. The builder at that time may not even know
who the specific users are going to be and so a commercial
space could be leaseable to a retail tenant or to an office or to
some other use that Is permitted in CI-1 that it wouldn't clearly
be apparent at the outset that that is the direction that the
leaSing IVas going to take. How much of an educational process
goes on at the time I am sure depends upon who the applicant
is. If it is somebody who has done a lot of work in 10IVa City
already there is probably an assumption that they know the
zoning. So it is difficult to answer that question in a vel)'
general way. I don't know 11mt there is any particular policy
amongst the inspectors or in the II./.S. to routinely go through
what is permitted in the zone when the building pennit is
issued.
Courtney! Any other discussion on tllis item.
Horow! I was just kind of reacting. I am sony I am slow in this, But
I think Karen's question this evening reflects the questions that
we had before about this, We have talked with staff about the
fact that this seems to be a practice that is increasing and that I
think we discussed it with staff. We are going to have to take a
closer look at that whole area. Perhaps there does need to be
an adjustment In terms of the zoning or a greater amount of
adherence to the existing zone.
Kubby! The practice you are taiking about so 11mt It is clear to
people-
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Horow / In tenus, the practice is that there is commercial on the
bottom and residential on the top and that isn't the original
intent of what is in the compo plan. So, I think Karen's question
this evening has reflected what we have discussed with staff
before about this in terms of-we are not in stone on tIllS whole
thing but we are certainly discussing it.
Kubby / We may end up saying that that is a good trend so we need
to change the comp plan rather than just have less residential
on top of ca-
Nov/ Mainly we need to stop changing on a case by case basis. A
little bit more pro-active.
Kubby/ This zoning change doesn't have anything to do with having
residential on top. It is for the use which is in the commercial
area. So it is connected but separate.
Courtney/Any other discussion.
Roll call-
The ordinance passes first consideration.
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#5 page 1
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Courtney I Public Discussion-
Larry Quigley II am here representing a group of individuals with
disabilities and I have given out copies of part of the ADA. I
am concerned about renovation in the city with businesses and
with new construction making it adhere to guidelines according
to the ADA. There is a lot of regulatory language that is new
that can be interpreted in a lot of different ways and 1 just
want to draw attention to this problem. There are businesses
d.t. currently who are not making any moves towards
accessibility and new construction where it doesn't look like
they are going to do access where it might be real easily
achieved. Specifically ground level businesses where there is
one step or two steps up to get in where they could build a
ramp real easy. I think real easy and it would meet the
guidelines of ADA as it was designed under reasonable
acconullodation.
Kubby I So, if a business wanted to build a ramp and because of the
slope requirement that had to come into the public r.o.w. do
they need to contact us.
Gentryl Yes.
Kubbyl It doesn't seem like it would be any problem,
Gentryl It is not an insuperable problem.
Kubby I This is an important use of the public r.o.w.
Courtney I I thought that was part of the building and inspection
process now to-I know when we redid our office they certainly
taiked about it.
Novl If you are not redoing they may not.
Quigley I What was that. If they are redoing-
Novl If you are remodeling, you must meet the requirements. If you
have been there long before the requirements came in and you
are not doing any renovation I am not sure we can go in and
force the change.
Kubby I If it is a reasonable accommodation, it means that it Is not
technologically or economically a hardship for a business. That
is what the differences. If you are trying to make an upstairs
place put in an elevator that costs $50,000 and it is a very
small that may not be a reasonable accommodation but putting
a step into a restaurant or a small ramp to accommodate that
one step is a very reasonable and a deadline has passed by
which they -
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Quigley I On page 22 of this that I handed out in the ADA, item 2 5.6
they talk about achieving program accessibility by January 26,
1992 and they also talk about having a.it just says "structural
changes are needed to achieve program accessibility must be
made as expeditiously as possible but in no event later than
January 26, 1995." But it also says that it has to be
expeditious. That means prior to 1995. It means efforts made
to meet this guideline plioI' to that.
Courtney I I have to admit that I am fairly ignorant on this other
than what we were required from a public infrastructure. We
have been working on that for some quite some time. When it
meets the,when it comes to the private and commercial
industry where does the enforcement lie on the ADA Act.
Gentry II can't answer that right now off the top of my head.
Helling/ That is under I think Title 3 which is public accommodation
essentially in the private sector. The enforcement there is with
the federal government. If somebody is doing some renovation
that falls under our code so tllat we inspect in that then we
would advise them to the extent that we can to comply with
our codes and also of the ADA. But we are not the enforcement
agency. The federal government is the enforcement agency
and somebody who is not doing nay kind of renovation or
anything that requires a building permit is till obliged to
comply with it after a certain period of time, But if they don't
It Is not a violation of the city code. It is a violation of the
federal,
Kubby I So then people contact the Department of Justice, tile Civil
Division, and I believe the remedy Is not any kind of damages
but Is rectification of the problem of not using that reasonable
acconullodation.
Quigley I So the city can't do any enforcement.
Horowl I think the only thing we can really do Is urge people to get
moving on this. It Is more a matter of pride for the city to
have private Induslly and businesses get moving to
rectification on that. We can't enforce it.
Novl Dale, can't we refer this to the Human Rights Commission.
Kubby I Or Housing and Inspection and say part of our policy Is
reminding them of their-
Hellingl To remind people. The Commission, that might be a good
project to so some more promotion but we cannot enforce it.
Pigott! But we can let them know that they are not In compliance.
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#5 page 3
Kubby / Or we can give out the number for the Department of Justice
Civil Rights Division.! I don't know how fast they move.
Helllng/ Compliance is not clearly black and white. There isn't a lot
of case law on this and some businesses might argue that they
are in compliance or that the acconullodation that they are
being asked to make is unreasonable. In which case that has to
be determined and it won't be determined at this level. It will
be determined at the federal level and unfortunately, in some
cases, it will need to go to the federal courts to make that
detenllination.
Kubby / When people get their permits renewed, their occupancy
permits or liquor licenses or whatever, as part of the H.I.S.
process to be reminded what their obligations are shows that
the city values that and expects them to fulfill their obligation.
And if that is the most we can do, that Is what we should do.
Horow/ Including gentle persuasion.
Helling/ We wilI bring it to the attention of the Human Rights
Commission. It might be a project that they would be willing to
look at. Just more outreach.
Kubby / What does your organization do. The people you represent.
Qulgley/ Right now the organization is pretty infonllal. We are
attempting, I guess, to just gather information right now and
see what can be done, I don't like the idea of an Individual
having to file a complaint with the Civil Rights Commission In
order to get something done, It would be nice If the city could
adopt something that would say we will not renew a liquor
license if it Is readily achievable to have access or If the city
could do something to show that it Is making a stance. That
this Is Important. It is an Important thing for us as people who
use wheel chairs have that kind of access.
Kubby/ There may be some state laws that prevent us from having
that kind of taste to what we would like to see done. We will
have to Investigate what at the possibilities. What can we do
under the law and what can-
Nov/ Particularly liquor licenses because those are Issued by the
state.
Courtney / I presume-
Gently/ This catches me off guard. I need 0 do some research, What
Is your organization's name.
Quigley/ We are caIIlng ourselves Advocates for an Accessible
Environment.
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#5 page 4
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Courtney/And you would be the best contact person for your
organization.
Nov/ Would you sign our sheet there with your name and address
and then when Linda gets more information we can send it to
you.
Quigley/ I can be contacted or there is another person at this
number, too.
Kubby / About five years ago, maybe it was more than that, some
CDBG money was used to put together an accessibility gUide for
the city about different places and how accessible they were.
It would be interesting to use that as a base line and really
promote those businesses that for years have been accessible
as a way of encouraging because it is good business especially
when it is easily achievable because then you have a whole
other group of people who can come into your business. It
makes sense from a lot of different perspectives.
Quigley/ Unfortunately, I think, people believe that it is somebody is
making them do something they don't want t do as opposed to
how easily it can be done. One of the things also that I want to
talk about was the idea of maybe having an easement form the
city so that they could build a ramp three or four feet in front
of a building to build a ramp because the length of most
businesses is enough so a ramp could be built parallel to the
building. And if the city could somehow give up a r.o.w. to that
property.
Kubby/ It is a public purpose.
GentIy/ We wlll have to look at it on a case by case basis in terms of
nuisance, obstl11ctlon, etc.
Kubby / But in terms of this idea of Housing and Inspection, that is
something that we can request-
Courtney/ I think Linda needs to do some work on this before we go
any further.
Kubby/ Okay. You will get back to us on some of these specific idea.
Gentry/ Yes.
Kubby / Thank you for bringing this to our attention.
Quigley/ Yes, I appreciate it.
Courtney/ Any other items for public discussion.
Karr/ Mr. Mayor, could we have a motion to accept Mr. Quigley's
correspondence.
Courtney/ Moved and seconded (HorowlNov) to enter the
correspondence into public record. DIscussIon.
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Courtney/All in favor (ayes). Thank you.
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Michael Brookshire/ Good evening. May I present a handout to the
council. I am the enviromuental education planned for the
ECICOG in Cedar Rapids. Tonight I would like to tell you about
two environmental education programs that we are currently
offering residents in east central Iowa. The first program is
dealing with the handout and that is the Waste Watch Series.
It is a series of environmental education television programs
that discuss what local governments, what students, businesses,
and residences in east central Iowa are doing to reduce the
amount of waste that are going to our landfills. The bigger ad
that I gave you on the one side lists the different dates for each
program. They will be airing on CTS, which is a local public
access station from Kirkwood in Cedar Rapids. In Iowa City
that is channel 10 and I think 11 in Coralville, And so if you
could look at those dates. Then on the reverse side of the
handout are smaller ads they are using to promote the series
and that talks about each different program separately. So, as
you could see, tile first program discusses government
approaches to solving waste management and for that program
Floyd Pelkey was a guest on this series and he talked about
Iowa City's curbside recycling program, The second one talks
about solid waste management programs in the work place.
We im1ted three people that had started successful recycling
or waste reduction programs where tlley work, The third
program is a student environmental program where we im1ted
a student from the primary and secondary school systems.
They talked about groups that they are involved In and what
they are doing and we also invited Professor Rajagopal form
the U. If I. and he talked about an em1ronmentallnternship
program that he is involved with and we wanted to give an
opportunity for him to talk about this internship program for
people that are in the college level that are interested in
pursuing a career in em1ronmental planning or solid waste
management. The first program we went up to the Prairie
Land Composting r1lcillty In Trueman, ~'llnnesota and toured
their municipal composting facility and then we had Dave
Hogan who is a solid waste program coordinator for Cedar
Rapids talk about solld waste composting, back yard
composting and also municipal solid waste compostlng. And
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our fifth program, we came up with that with this one about
half way through the production of the rest of them because
we noUced that the first program-the first four programs only
discussed what we do with solid waste as it is being created.
We thought we would do another program and talk about
waste that we can reduce waste at the source. So we had an
active volunteer in east central Iowa go to the grocelY store
with us and she talked about the five Rs associated with
environmentally sensitive shopping which is Reduce, Re-use,
Recycle, React, and Refuse. Excuse me. It has taken me time to
understand that or remember that one. So I am coming here
tonight to encourage all of you to watch the programs. Also I
wanted you to be aware of them because you might receive
some phone calls about some of the issues that we talked
about.
The second program that I would like to discuss tonight is the
public service announcements we just finished producing. We
are going to all' two fifteen second and one thilty second public
selVice announcement on KGAN , KCRG and hopefully the local
cable company here in Iowa City and east central Iowa. The
first two are fifteen second public service announcements and
they discourage people from illegally dumping garbage in rural
areas. And the third announcement is a thirty second spot and
it discourages people from dumping waste down storm sewers.
It is taking more of an urban approach. And it is tying in velY
well with our storm sewer labeling programs. Again, I wanted
you to be aware of those because you might receive some calls,
I hope you see them. I hope they all' them sometime other
than 4 o'clock In the morning. They said that they would so
hopefully they will.
Pigott! Sounds twlnc, I see they are closed captioned as well.
Brookshire/ Yes. The waste watch series is closed captioned. We are
also looking Into airing them later on Iowa City's Govemment
Channel.
Courtney/Any other items for public discllsslon not on tonight's
agenda.
Karr/ Do you wish to accept this correspondence also.
Courtney/ Moved and seconded (Horow/Ambr) for accepting the
material. Dlscllsslon,
Allin favor (ayes)
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#5 page 7
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Tom Novak/ (and Louise Wolf Novak). We are here because we are
your new neighbors. We live at 609 Manor Drive, adjacent to
the property that the city now owns at 608 Eastmore. We
usually prefer to greet our new neighbors with some token of
fliendship like a plate of cookies or a loaf of banana bread or
some flowers or something like that and we are kind of a little
bit regretful that our first encounter with you as neighbors is
because we feel really bad about just having lost a row of trees
that bordered our property and really provided a lot of shade
and privacy for several neighbors.
Louis Wolf-Novak/ Wednesday, September 15, a total of 10 35 foot
tall spruce trees were removed from 608 Eastmore. No one in
our area, including people who live in the home there were
informed of the decision to remove the trees even though the
decision has been made as early as last March. It is true the
stumps were on the other property but we had shared four
feet of our lawn with the lower branches and enjoyed doing
that for several years, We have met with representatives of the
Housing Authority regarding this but we still have several
concerns about why this happened and about what will be
done in the future.
Tom Novak! We are not convinced that there is a clearly stated city
policy about the removal of healthy mature trees on city
property or really anywhere in the city. Our neighborhood has
realiy sustained a lot of damage this summer because of the
flooding and the loss of these trees really was a terrible end to
it. We understand the city forester's position that trees that
need to be topped should be removed because of the damage
done by topping. We are not convinced that there was an
adequate assessment made with these trees that all ten of
them needed to be removed. We feel like we need some
assurance that a knowledgeable individuai such as the city
forester would be asked to make an assessment In situations
where so many trees are going to be sacrificed. From our
vantage point these trees were not at a place where they were
interfering with a power line. The previous owners had been
able to trim them periodically and that seemed to be adequate.
Yet, before the city owned this, it really didn't seem to be a
problem and we were Initially told that this was going to
prevent future maintenance hassles,
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#5 page 8
Louise Wolf-Novak! Two city employees reminded us that
landowners have the right to do with whatever they want with
their property. Be that s it may we are still velY hurt and
disappointed. Take this as a backwards compliment but we
really expected Iowa City to be a good neighbor and
une.xpectedly defacing adjoining property without warning has
not endeared us to our neighbors at this point. Since we will be
neighbors for a long time we hope that we can go on from here
to a more cooperative relationship.
Tom Novak! We have been given some assurance that the property
owned or managed by the City Housing Authority will be
maintained and landscaped in a suitable fashion, These trees
were cut down prior to development of any plan for how to
replace them or how to landscape the property afterwards. We
know that It is impossible to replace these 35 year old trees
but we would like to see a thoughtful plan in place that would
take into account the need to regain the privacy and the
atmosphere that was lost and perhaps unnecessarily. Teny
Robinson was able to make several suggestions of appropriate
plantlngs for this area that would really achieve these goals
without becoming a future maintenance problem for the city.
Mr. Henderson, on the other hand, told us in the meeting that
we had with him that he would accept whatever the low bid Is
from several landscaping companies. We really don't find that
an acceptable way to try to replace or remedy this situation.
Mr. Henderson also assumed after meeting with us that we
would put in a fence as we expressed some safety concerns for
our children now being able to go across the back of the lot
line, We don't want to put in a fence especially with short
notice and without being able to plan ahead of time and at this
time our decisions, what we do with our property, really
depends on what they are going to decide to do with their
property.
Louise Wolf-Novak! Our grief from losing these trees has been
compounded by the manner in which It took place. The abrupt
loss of a row of these towering spruces Is hard to accept and
has had a devastating affect on the atmosphere of several
properties. Prior notice of the decision to remove the tree
would have helped us. It would have pr0\1ded liS time to
understand the decision. It would have provided us with some
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#5 page 9
time to plan. It would have provided us some time to work out
an arrangement. At this point it is too late to even almost put
in a fence for safety because of the upcoming winter and we
just don't have a lot of time to plan. We hope that our
neighbors will keep us well informed of decisions that affect
our propet1y and we will be willing to keep them informed of
decisions about our property that will affect theirs.
Tom Novak! We appreciate the opportunity of being able to use this
forum to bring our concerns to you and I guess there is a
couple of things that we need back from you now. We want to
know if the city is willing to work cooperatively with us or
with our neighbors to develop a plan to address some of these
issues. We also would like to ask that Teny Robinson or
another suitable individual be allowed to re\1ewany plans for
landscaping that are made for this property to be sure that
they are going to address all of the concerns and not just be
the lowest bid that comes across the table.
Kubby! So are the bids going to be done that Ron asked some people
to come out and take a look and what do you think should be
done and the landscaping companies would plan.
Novak! He said he leaves it completely up to them. He assumes that
they will develop a plan and give it to him. It was not our
understanding that he gives them specific objectives in the
plan. From our understanding he just asks them to come and
look and make a plan.
Pigott! When you talked to the city forester did he recommend
replacement.
Novak! I called he city forester because I was really grieving this. I
was really having this hard time with it and I wanted to
understand why this was done and one bothersome thing is
that it was not clear that he was ever asked to assess the
situation but he was able to give me information about how he
feels about topping trees and did just hear me about-he was
velY helpful to me. He did hear me about what my concerns
were and I am sorry I am not a botanist. I love trees but I am
not an arborist in a sense that I can tell you the names of the
plants as he suggest right now but I was Impressed with the
type of information he gave me that made me feel that my
back yard will not always look like a desert to me as it does
right now.
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Kubby / Seems like there is going to be more of an option in the
future. What you have mentioned is cut the tree down, top it,
but then you can pnme it without topping it, can't you.
Novak! That is what had been done with these pre\~ously. There are
power lines that run across the back power lines and that was
what we think initiated it was the electric company called and
said these trees need to be topped. We are not convinced that
that really was the case but with just the information that they
needed to be topped they were ctlt down.
Novak/ There is a big difference between trimming a few branches
and the word topping. There is a huge difference and what
that means. And what 11'<.1:5 communicated to who at what time
and how that response took place is really in question as to
how this decision was made.
Nov/ I have to question the word preventive maintenance and
something like that. I am not sure exactly the sort you used
but I think whatever plants, trees, shrubs, or anything, they
are going to need maintenance. I don't see how we can
possibly replace landscaping and say that it is not going to have
maintenance.
Novak! The problem is that these trees shouldn't have been planted
there in the first place which 3S years ago they didn't think
about these little cute spruce trees being 40 feet tall in the
power lines. Mr. Robinson said there are evergreen trees that
at a mature height will not interfere with the power lines and
that is our view point. We wanted a solid row of green behind
us again. Initially tlley talked about a few small bushes that
would never get tall enough to provide either shade or privacy
and they wouldn't be there In the winter to act as a screen. But
Mr. Robinson was bale to say that there are trees that would fit
that categOlY, provide the things that we wanted and stlll not
later on end up in the power lines again and have to be
chopped on.
Novak! There was two words in Mr. Henderson's letter to us which
bring questions to our mind and that Is when mature. They are
going to plant things. We get trees from the Arbor Day
Foundation that are this big. There are kind of fun to plant and
see what grows. That Is just a question. To us, If they are going
to plant plantlngs or plant seedlings tllat requires a different
response form us as far as how we feel what we are going to do
In our yard or how we feel that meets our needs. Mr.
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#5 page 11
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Henderson had asked us what type of fence we were going to
put in because of our safety concerns and we really don't want
to put in a fence and we also don't have the time so we feel a
real interdependence on each other right now with regard to
decision making about this property.
Kubby / It gets really difficult too because there are really two issues.
One is that you need to decide maybe in a certain sense
independently about what you do on your property and we
need to decide what we are going to do and the neighborliness
comes in when we talk about it and maybe negotiate. But, for
me, it seems like the other thing is that when one department-
we have a lot of different houses In Iowa City area owned by
the public Housing Authority and that this may come up again
that make sure that our Public Housing person is talking to our
forester before decisions are made. We have got the staff. To
make sure that that was done and if not-we have go the staff
people.
Horow/ The only aspect about this, Karen, that I guess I would have
to find out for my own sake was having watched on Kirkwood
the lines being moved and the velY 1st minute decisions on one
very old Oak on the house next to us where the electric
company said it had to come down. Teny spent half a day
trying to figure our how to keep that tree up and he finally had
to admit that if he pruned it for the safety sake of the house it
would've toppled the tree. And so the trep. came down and so
in many cases the city does not have that legal right to say
what Is going to stay up and what is going to go down. I mean
I was really Impressed with the extra length of time he took to
try to save the tree. But in the end It had to come down.
Novak! And I would feel much comfort to know If this was a
thoughtful decision or not. I would feel much better and I
think these people are reasonable. They can talk about things
and understand the situation. And that helps with how you
deal with it aftelwards.
Pigott! I hear you talk about three specific things. One Is that the
question of whether the trees can be saved and the
communication that Karen talked about between the forester
and tlle housing people and the decision on whether tllese
things had to come down Is one question and that a second
question Is your notll1cation about this, Maybe you would be
more comfortable If you had known a day or two or before you
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#5 page 12
walked out your back door. And the third question is what will
be the replacement and I think that working the forestry
person-from what 1 understand of this case that the city
forester agreed that these did have to come down and I don't
know whether or not he agreed after they came down or
before and went out and looked at the site and
CHANG E TAPE TO REEL 93.84 SIDE 2
-:'--.
Pigott/With the Housing people and maybe notification that when
there are so many. If it is obvious that people would be
affected.
Nov/ People in this town are always affected by removing trees. We
keep hearing about it and somehow we haven't become quite
enough pro-active in notifying people.
Atkins/ I can prepare a report for you on who said what to whom. I
don't know if I can ever satisfy what you Just said Naomi. I
don't know if that is ever possible at all.
Novakl At this point I don't think we need to go back and rehash it.
We can't replace the trees but we really raise the concern
about how In some sense how these properties are managed.
We got the definite feeling that these are managed that
whatever is going to be the cheapest and easiest to cut them
off. But he said that Iowa City has a good reputation because
most people don't know where these houses are. They are well
maintained. They are In neighborhoods ffild we can't point
them out. Ten trees was Just way out of range. If It was one
tree along the fence line that got chopped down, that was one
thing. Mr. Henderson said there were only five trees. We don't
know that he ever went out and really looked at it himself to
assess the situation.
Atklns/ It would be difficult for Ron to get out.
Novakll understand that but 1 think for somebody with knowledge
to look at thos trees rather than take an electric companies
report to top them because I am sure their interest Is to just
top them so we don't have to deal with thcm again.
Kubby / Right and It Is really the property owner's determination.
The electric company notifies them that this Is becoming a
safcty hazard you necd to do something. The property owner
has the ultimate decision as to how to deal \\~th safety hazard.
They have an obligation to act but how you act Is your
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#5 page 13
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discretion. And there is a big difference in taking a low bid on
something that was planned or put together by someone with
some expertise and saying this is what we want and by law
taking the lowest bid and saying you come out and design it
and we will take the lowest bid. Those are two real different
scenarios.
McD/ Steve, as Mr. Novak stated a few minutes ago, we can't undo
what has been done. The plan or plans that are going to be
developed, there isn't any problem with having the city
forester look at those as they are being developed, is there.
Atkins/ No.
McD/ he can work in that capacity before anything or any fmal
decisions are made.
Atkins/ Keep in mind though that the plans or anything that is
designed is at the benefit of the public housing property, not
the Novak's. They have to make their own decision
independent of that. But we certainly can ad\1se them.
McD/ But ob\10usly as adjacent property owners they still have an
interest with what is going to be done.
Novak/ They lost their privacy, too. We look right in the back of
their house and they look right n the back of ours now. And it
wasn't that way before.
Kubby / I guess for me, John, is to say not just on this case but to
have those two departments talk but evel)' time there is some
tree or shrub issue. If there is a question abut maintenance or
landscaping it makes sense to use our own people that we are
already paying rather than paying someone else to design It or
having someone who knows a lot about publlc housing.
Atkins/ I think that the Housing Authority should automatically
have to confer with Ten)'. I have no problems with that.
McD/ I think you are right but I have to go back and agree with
what Naomi said a few minutes ago, I have yet to see in this
town, Karen, where anyone was happy when you take a tree
down.
Nov/ The least we could do is communicate. The least we could do Is
say to the neighbors that these trees wlll come down because
and-we may not necessarily know that they are going to come
down on a particular day but we could say that we have got
this scheduled sometime within the next (wo weeks and don't
be shocked if it happens.
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#S page 14
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Atkins! These trees were not removed by the city. ThE:Y were
moved by Iowa-Illinois. That is what I understood. The city
got a third player in here.
Novak! That decision we were told was made in March and by
September there was more than adequate time to allow some
kind-
Atkins! I am not arguing. I am just saying there is another player
that you.
Horow! That was my point, Iowa-illinois really does-
Nov! I didn't really get that. When I have dealt with Iowa-Illinois
on power lines on my property they have always just trimmed
the trees. They have never come in and said we are going to
take a tree down because of a power line.
Novak! But if you allow them to cut down a tree they would have to
pay for the maintenance of the trees. Iowa-Illinois has to come
out and continue to do that. They would be happy If you just
cut down that tree and then they wouldn't have to bother with
It any more. SO it all depends on what the owner said. As we
know the pre\10us owners would only allow them to be
trimmed and they were happy that way. I don't know if lowa-
Illinois IVas happy but they were maintained that way for
years until the new owner said fine, get rid of them, they are a
hassle. I don't want you calling me every two years about
trimming these, just cut them down. So-
Horow! Thank you.
Atkins! I will prepare something for you.
Novak! Thank you very much for letting us be heard this evening.
Courtney! Any other items for public discussion.
Don NOlTis! I am from Santa Rosa, Callfomla and I am an ordained
minister in charge of community outreach In Santa Rosa
community. I am Involved with Operation Payback which is a
project that has been started to pay back this city for relief
that was given to us in 1906, 87 years ago when there was an
eatthquake. San Francisco was hit bad. Santa Roas was hit
even harder. But Santa Rosa never got the relief that San
Francisco did. And back in those days this elty and other cities
in the surrounding area sent back over $60,000 which In 1906
was a sizable amount of money to help rebuild Santa Rosa.
Santa Rosa was leveled and burnt to the ground pretty much,
And a project has been started to raise money and support
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#5 page 15
tlu'ough churches and businesses and organizations in Santa
Rosa to bring relief to this community and say thank you for
what this community did for us 87 years ago. And I have been
here for the last 10-12 days just reviewing the situation. I
represent a council of pastors and churches in Santa Rosa. I
will be taking back a report. I just wanted to say thank you to
Iowa City because I have been very graciously treated and it
has been a wonderful experience for me to be here and be a
part of what is going on. Thank you,
Council! Thank you.
A11lbr/ Pastor, I had a banker compute the time use of money. You
owe us $10 million.
Courtney! I was going to do this in council time but as long as we are
on this subject I was a guest on the good mayor ____ radio
show in Allentown, Pennsylvania again this morning and they
are continuing their efforts also for us. Their efforts are going
to culminate this Saturday, a little bit earlier than Santa Rosa's.
An amusement park out there from a description I got sounds
sinlilar to the adventure land type thing that we have in Des
Moines who on Saturday is going to donate a portion of all of
their gate receipts in to the fund. We have been adopted by
Allentown. There are many towns in that particular valley out
there that have picked different cities so we did a little plug in
for visiting that amusement park on their radio show this
morning.
Nov! When are you going to Santa Rosa.
Courtney/ I will be going the weekend of August 8 and 9-0ctober. I
really wished it was August, we want our summer back. We
didn't get out summer. We are going to do some promoting of
the auction on Friday and actually have the auction on
Saturday and repOlt back to you when we get back on Tuesday
at which would be our council meeting. I appreciate your
efforts. I now that you have been visiting all of our areas and
have done not only some investigating but counseling along the
way. Certainly do appreciate everything that Santa Rosa has
been doing.
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#6 page 1
Courtney I Open the public hearing.
Tom Mentzl I would again like to speak to you on the method that
the assessment was done here. It is my understanding that if
an alley is to be paved it must be done via an assessment.
Assessment's can be done one of two ways. Either by linear
footage that abuts the alley or by square footage of those that
use the alley. In this situation most of the properties that use
this alley do not touch it but they are-like to the south of it
generate most of the traffic for it. The properties on t11e north
that never traveled on the south to use the south half of the
alley and it was also a piece of private properly. Basically a
parking lot. Their giant parking lot which services, in mind
counts very Informally 150 -200 cars, uses this alley to access
to BowelY Street. It is the only access to Bowery Street. It is
the only access to the parking lot back there. The alley needs to
be paved. If you have ever driven on it that is obvious. The
city spends a lot of time and effort grading this alley. It has not
been successful. I would like to encourage you again to pass
tlus resolution.
Courtney I Thank you, Any other discussion on t11is item.
Novll have a question for Rick. 1 am confused about how this cost
estimate works. It looked to me that it cost over $100 for each
running foot of alley. Isn't that high.
Fossel The bids that we got on it are high by any nOl1ual standard.
For this year they are the best that we will see this year. I
won't argue that these are high prices to get the job done under
these circumstances.
Kubbyl Do you think they will be any different a year from now.
Fossel It is difficult to predict. It Is going to depend upon two factors.
One Is how much Is being pent up and waiting for next year. I
expect there is going to be a backlog of work that is carried Into
next year which Is going to serve to push prices up. Secondly It
Is going to depend upon what the weather does this winter and
ne:-.t spring. !loth of those are difficult to predict.
Kubbyl Can we rejoin t11e Malden Lane paving assessment project
and this one and bid it out now but not do the Maiden Lane
Project untll next year.
Fossel We can recombine them but It Is too late In the year to re bid
anytlung for construction this year. There is not enough time.
You just won't get it done In time to get it built before the snow
flies.
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#6 page 2
Kubby I So we can 't bid it out and hold on to that bid and schedule it
for next year.
Fossel Yes. We can.
Kubby ICould we do that with this. Would that create some cost
savings. The Maiden Lane Project the specs are done, right.
Fossel No. That is still in the works and will be bid this winter for
construction or summer construction next year. It is feasible to
roll this in into that.
Kubby I And do it next spring.
Fossel Right! We will have some additional maintenance costs n the
alley over the winter. It is a gamble to see if it will payoff.
Courtney I If we approve everything we have here tonight, what is
the time frame for beginning the project.
Fossel We would award the contract and get in touch with the
contractor. It would probabiy be a coupie of weeks before he
could get started.
Courtney I What are all of those people going to use while they are
doing this alley. How are they going to get-
Fossel That will be difficult. There are a lot of people. That is their
only access to the parking lots and during the time it is being
paved they will be dispiaced and-
Courtneyl Wouldn't this be better to do it while the break between
the school year and so on when there is no quite so many
people.
Fossel That would minimize the problem of parking, certainly.
Navl There isn't much in the street, is there.
Fossel No, You can't park on Dodge. ]olmsonis pretty well taken
already.
Horowl Is there no way that the city-there is a-it seems to me that
there is a road or an alley or somewhat of an alley that goes off
Dodge, south of Bowery. It is a private drive. Is there anyway
far the city to temporarily commandeer that drive.
Kubbyl You mean gain permission to have people use it. Tempormy
easement.
Gentry/ That is called Marshall law.
McDI Yau just gave the city attorney a heart attack.
Courtney I Maybe we can somebody go out and direct traffic there.
Kubby I Another option is to be maybe get the landlord there to
invest in some bus tickets to give to the tenants. They could
keep it in the lot for two days.
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#6 page 3
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Fossel This is a tough call on this project. If you note the staff didn't
take a position on it. Take a coin out and flip it.
Kubby I I want to hear people's discussion about tlus.
Courtney I Number one I am not crazy about putting nay extra city
money into it and I am velY concerned about the timing on it.
I think bidding this out to go between the regular school year
and summer school or between summer school and next fall's
session would be a much better way of doing it from a
conveluence standpoint for the people that happen to live
there. I don't know if we can nail the timing down that tight or
not.
Fossel If we bid It this winter we could speci~1 that it be done at a
certain window but with our luck it will rain those two weeks.
The best laid plans.
Kubbyl Rick, can you roll engineering and legal fees into the
assessment or to. Of just the actual pa\1ng cost.
Gentlyl You can roll the whole thing in for the-as long as it is
included in the estimate. UnfOltunately the estimate was
already done.
Horowl I really want to get it done. I think we have waited iong
enough for this.
Fossel We have learned our lesson on these projects. There is more
hours of engineering, legal, and administration that went into
this than it wlll take to build it. It isn't an efficient way to get
it done.
McDI I would be in favor of proceeding.
Ambrl Move on to #7 you will soon find out where we stand.
Courtneyl Any other comments during the p,h.
Karr/ Motion to accept cOlTespondence.
Courtneyl Moved and seconded (Nov/McD) to accept correspondence
form the property owners on this project. Discussion.
Allin favor. (ayes)
Close the p,h.
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Agenda
Iowa City City Council
Regular Council Meeting
September 28, 1993
Page 8
ITEM NO.7.
q3 - iU,l.
CONSIDER RESOLUTION WITH RESPECT TO THE ADOPTION OF THE
RESOLUTION OF NECESSITY PROPOSED FOR THE 1993 PAVING
ASSESSMENT PROJECT.
ITEM NO.8.
Comment: This Resolution continues the assessment procedure.
Action: limo / ~
(j. 7/
.k- iltM.J ,1iM 'I~
PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT
AND ESTIMATE OF COST FOR CONSTRUCTION OF THE 1993 PAVING,
ASSESSMENT PROJECT.
Comment: See memo referenced above.
Action:
~o MJ# I1ff~AJ.P~
ITEM NO.9-
'13- 2.h3
CONSIDER RESOLUTION APPROVING PLANS. SPECIFICATIONS, FORM
OF CONTRACT AND ESTIMATE OF COST FOR CONSTRUCTION OF
THE 1993 PAVING ASSESSMENT PROJECT, ESTABLISHING AMOUNT
OF BID SECURITY TO ACCOMPANY EACH BID.
Comment: See memo referenced above.
Action:
4;/N
ITEM NO. 10.
, 93 - '2.6~
-4, {Jut %
CONSIDER RESOLUTION AWARDING CONTRACT AND AUTHORIZING
THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CON.
TRACT FOR THE CONSTRUCTION OF THE 1993 PAVING ASSESS.
MENT PROJECT.
Comment: The bid opening for this project was held September 21,
1993 and the following bid was received:
Streb Construction Co., Inc. $24,094.00
Iowa City, Iowa
See memo referenced above.
Action: I)to/~~
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#7 page 1
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Courtney I Moved by Ambr, seconded by Horow. Discussion.
Nov/ Let's go into the details about why this is coming back again.
Wasn't this on the agenda two weeks ago.
KmTI No. Two weeks ago we set a p.h.
Novl [ remember Mr. Mentz talking to us. [thought it was a p.h.
Kan'l We had to re institute the process because of a minor
technicality in the legal description. So we re instituted the
same procedure that council did act on in July and August and
that necessitated calling a second p.h. and notifying the
neighbors a second time.
Novl It was not a substantive change,
Gentlyl It was a substantive change. Yes it was. The difference
being the project was described initially as just the portion of
those-the properties abutting the improvement which left off
about 75% of the property. It was changed to read cOlTectly
the properties abutting the public improvement which is the
entire alley.
Novl But we are not actually doing the entire alley.
Gentry I This is correct. [have confelTed numerous times with bond
counsel who get paid a lot more than I do and they nave
assured me that the current description- You know I pointed It
out to them. They agreed that we needed to change it but we
are now on finn ground legally. As far as the estimate goes we
could go back and second guess the whole process and say we
could have rolled in some of these fees into the estimate
Oliginally.
Courtney I [ did have some discussion with Marian before the
meeting on this. We can actually go through and give
affirmative votes on #7 and #9 and stlll defer # 10 for bidding-
Karrl We are not going to defer #10. We are going to reject the bids-
Courtneyl Reject the bid and that would still give approval to do the
process but then ask for a re bid. Just so you know how we can
do this.
Novl And If we ask for a re bid we can roll it In with the other
paving.
gentlyl No.
Novl No.
Courtlley INo.
Gentry I You would have start over to do that.
Courtney I Only on the bid. Not all the rest of this process,
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Kan'/ The minute the assessment project includes the Maiden Lane,
then the assessment project starts over again. This assessment
project is only BOWel)! Street.
Gently/If you want to go back and put Maiden Lane In you have to
go way back.
Nov/ All right. I just wanted to be sure we understand it.
Kubby / L\lthough the advantage of doing that is rolling in the legal
and the engineering fee.
Gently/It is kind of six of one and half dozen of the other.
McD/ The disadvantage is that you are way back in square one again.
Gently/Is there some merit to doing this this winter, practically.
Fosse/ Prior to rebidding it.
Horow/ No. Getting it done.
Fosse/ It relieves us of maintenance over the winter. But the trade
off there is the high price.
Gently/We will pay more for attorney fees when we redo it.
Nov / If you redo the whole thing you do have to pay those fees
again. That is why I wanted to know if we could roll it in.
Fosse/ I think that may need to be looked into. We might be able to
combine them for bidding purposes but still have two
independent assessment projects. No. Okay.
Courtney/Nice ny, Rick.
Fosse/ I didn't go to law school.
Karr/ This assessment project was for the BowelY Street area only.
If we wish to combine it with Maiden Lane then we have
created a new assessment project with additional costs. We
could bid the new assessment project, possibly, as A and B. But
it would stlll be one assessment project and therefore we
would have to re Institute the assessment procedure.
Courtney/ Just remember, Rick, engineering-Iowa State. Not law-
Iowa.
GentlY/ I didn't make the law, Rick.
Nov/One more clarification. Some day we are going to do Malden
Lane. All of this stuff all over again.
GentlY / I have the agreement all ready if people would only sign it.
Nov/ We have not done all the heatings and the legal stuff on
Malden Lane.
Gentry/ We were hoping to do that voluntarily and it fcll through.
No this is not dealing with Maiden Lane.
Karr/ You haven't started the Malden Lanc Assessmcnt Project yet.
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#7 page 3
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Novl It does not necessarily be an assessment project and go through
this process.
Gentry/We tried it voluntarily for four years and it hasn't panned
out. I think the answer to that question is yes, it has to be
special assessment.
Nov I If it is a special assessment project and if that special
assessment project includes that alley as well as Maiden Lane,
are the fees going to be any different.
Gently. I would imagine.
Novl I imagine that-
GentlY I My fee will be the same. The legal fees will be-
Novl The legal fees will be all over again whether we roll this into it
or not.
Gentry I There should be some cost savings but I can 't vouch for that.
It is flip a coin time I believe.
Courtneyl Where are you headed with this.
Novl We were saying that if we re bid this we are going to go
through a new assessment project, we are going to have al the
legal and engineering fees that we now have. However we are
going to have those kinds of fees on Maiden Lane anyway. If
this is part of the Maiden Lane assessment those fees are not
different form what we would have had anyway.
Karrl I think the difference perhaps may be if on #10 which is
awarding the contract council would reject the bid and re
advertise you would not be starting over with the assessment
procedure. You would simply be starting over on the re
advertisement. You would not go back to the beginning. You
only start over if you create a new assessment project.
Novl If we create a new assessment project which Includes two
Items. However we are also dealing with a new assessment
project which includes one item-Maiden !.ane. Are the fees
that much different.
Gentlyl I don't know. They are bound to be more but I can't tell you
how much. Anybody have a quarter to flip.
Courtney I Any other discussion on tllis item.
Fossel One option that is available to us if we don't wish to combine
it wIth the Maiden Lane but we do wish to delay It. At the
time we go out for bids this winter we can run them in parallel
so In a sense It would almost be like one project only they
would be holding two sets of plans and specifications. That
may work well for us.
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117 page 4
Gently/Iowa State comes through.
Courtney/He knows how to get bids.
Any other discussion on this item.
Roll calI-
The resolution is adopted.
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Courtney I Moved by Horow, seconded by Ambr. Discussion.
Novl I think we ought to bid this later and try to get a better price.
I think that this is very high considering the amount of paving
that they are going to do.
McOI Rick, can you come back up a second. What you said a minute
ago about bidding the two projects simultaneously but they are
still two separate projects. That there might be an advantage
in doing it that way. Nlight be.
Fossel Right.
McOI What kind of delay are we talking about on this particular
project if we do that. Do you have any idea.
Fossel If we re bid it we will probably aim for that window of
opportunity Darrel was talking about; between sessions of
school so we can minimize problems for the people that live in
the apartments. The tough part of the maintenance is just
getting through the winter.
McOI As it stands right now you are hoping to have it completed
within the next few weeks.
Fossel By November 15.
McOI Otherwise we are looking at late spring or early summer.
Courtney I What kind of maintenance are we going to have to do
through the winter.
Fossel Just grading and blinging more material in.
Novl Crushed rock.
Fossel Crushed rock or asphalt grindings.
McOI And depending upon, a~ you said earlier, depending upon the
amount of work that is going to be out there in the construction
business next spring and next summer and the type of winter
we have, etc., there is no guarantee that there of course would
be lower bids at that particular time.
Fosse! That Is COlTect.
McOI Just might be,
Fossel It Is a gamble.
McOI I think we ought to proceed with the project. I think we have
been messing around with this-
Courtney I From a money perspective I think so but the chaos that is
going to occur down there for these-how many days me they
going to be closed.
Fossel It will be a good two weeks.
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#10 page 2
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Kubby / There is a bus stop light outside that apartment building and
it is not that far to d.t. It takes ten minutes or fifteen minutes
at a slow pace to walk d.t. and-
Horow/ But there are no groceiy stores.
Courtney/It is her number we give them to call.
Kubby/ That is fine.
Nov/ We can tell them to take the bus and we can give them the
notice that we do when we close any streets. You know, buy
your heavy groceries before the street gets closed.
Kubby / I think the notification is a real important part to this so
people can prepare. There might be some people who do have
some mobility challenges that with some notice can make
aIrangement.
/ (Public-can't hear)
Kubby/It is worth asking. All they can do is say no.
Courtney/Any other discussion.
Roll caU-
The resolution is adopted.
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Agenda
Iowa City City Council
Regular Council Meeting
September 28, 1993
Page 9
ITEM NO. 11-
b.
ANNOUNCEMENT OF VACANCIES.
a, ,
Previously Announced Vacancies.
(1) Planning and Zoning Commission - One vacency for an
unexpired term ending May 1, 1997. (Casey Cook
resigned.) This appointment will be made at the
October 12, 1993, meeting of the City Council,
(2) Board of Appeals - One vacancy for a five-year term
ending December 31, 1998. (John Staska's term
ends.)
(3) Riverfront and Natural Areas Commission - One
vacancy for a representative of The University of Iowa
for a three-year term ending December 1, 1996.
(Larry Wilson's term ends.)
(4) Senior Center Commission - Two vacancies for three,
year terms ending December 31, 1996. (Terms of
Bud Gode and Mary Geasland end.)
(5) Design Review Committee. One vacancy for three-
year term ending Oc~ober 26, 1996.
These appointments will be made at the October 26, 1993,
meeting of the City Council.
Current Vacancies.
(1) Board of Adjustment - One vacancy for a five-year
term ending January 1, 1999. (Ernest Galer's term
ends.)
(2)
Board of Appeals. One vacancy for a five'year term
ending December 31, 1998. (Anna Buss's term
ends.1
(3) Design Review Committee - One vacancy for an
unexpired term ending July 1, 1995. (Alan Mack
resigned.)
(41 Human Rights Commission ' Three vacancies for
three-year terms ending January 1, 1997. (Terms of
Lu, Chia-Hsing, Alison Galstad and Ken Gatlin end.)
(51 Parks and Recreation Commission - Two vacancies for
four-year terms ending January 1, 1998. (Terms of
Mary Weideman and John Watson end.)
These appointments will be made at the November 9, 1993,
Council meeting.
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Agenda
Iowa City City Council
Regular Council Meeting
September 28, 1993
Page 10
ITEM NO. 12-
CITY COUNCIL INFORMATION.
brw
ITEM NO. 13.
REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY,
a. City Manager.
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b, City Attorney.
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#12 Page 1
Courtney/ City Council Information.
Horow/ I have two things. I would ask that the camera swing over
to a map on the wall over there. I would like to talk about our
leaf pick up. Just a brief mention. We really are going, if the
creek doesn't rise, etc., etc., with our leaf pick up. It is a very
labor intensive effort on the part of our City Street
Maintenance crews. So, you should have gotten a notification
in the newspaper about his. If the camera can pick up and stay
with the dates on certain sections. Just be aware that your
leafs be on the r.o.w., not in the street and not on the sidewalk.
But in the r.o.w. so that our crews can pick these up. We are
proud of this leaf pick up campaign, Please use it to the best of
your ability. You can leave the cameras on this while I tell you
the next thing. It was my honor as well as Mrs. Novick's to be
in Des Moines last week at the League of Iowa Municipalities
meeting to represent this city, While we were there we
listened to the director of FEMA, the Federal Emergency
Management Agency. His main points were to get a fair
treatment through disaster assessment and cost share policies,
to cut the red tape. But he mainly emphasized to look at
reducing the risk that our cities and communities take from
their natural disasters. He essentially said this nation can no
longer afford the economic and social costs of natural disasters
and he wants to work and the government as a whole wants to
work to design communities to be out of harm's way which he
included investments mitigation such as assistance to acquire
flood damaged property for open space, to relocate Industry
and business and to elevate homes and business to protect
from future floods. I mention this because Mr. Atkins was
there, Mrs. Novick was there, I was there, we heard him say
this. We have already sent letters reminding him of this in a
very nice way and are waiting for the answer to this.
Kubby / Is he going to send along a check with his advice.
Horow/ I hope so. We even had a chance to talk to him personally
about this because I also wanted him to make sure that he gets
to the National Institutes of Mental Health, This summer has
been very velY stressful on people from a mental health point
of view. And we do need counselors. Not only in the cities but
certainly in the rural m'eas right now. And then after this
gentleman spoke, Mr. Atkins was on a panel along with formal
Cedar Rapids Mayor Canney and a councllmember from Boone,
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#12 page 2
Dixie Howell, in which they talked-it was kind of the emphasis
on reality check on Home Rule, The need for Iowa to grasp
long term planning which is not ob\~ous right now and, as Mr.
Atkins emphasized to people, I am sony I am taking all of your
fire, but it was great. Really was emphasizing citizens to get
involved in lobbying and educating our legislators about the
CllI1'ent, and these are my words, facade of partnership. These
are my words not his. I then toured the Des Moines Landfill
and I reserve judgment on their adherence to meeting the state
regulations. I have a lot of problems with the Des Moines
Landfill. A common theme throughout the meeting was the
disaster preparedness and reaction and recovery. Then at the
business meeting Mrs. Novick and I proposed a resolution to be
delivered in December at the Nation League of Cities meeting
thanking the many citizens and other jUlisdictions around the
nation who responded to the needs of our community tllis
summer. I fell very strongly about that. As you heard this
evening we have got two sister cities. A lot of private citizens
as well as other communities have responded and I would
ceriainly be honored at seeing that this resolution is canied
through at the National League of Cities. I really, and I know
all of us who go to these meetings to represent the citizens of
Iowa City, this is really an honor for us to take part in these.
These are all conllllunities working together in the state of
Iowa on all of our problems together. Thank you for letting me
go. That is It.
Ambr/ Is it all right for the cameraman to take the camera off of
that map and put It on this one. We have had numerous
discllSslons with the Board of Directors, t111'ough the years, on
how best to signalize the area around tile school district.
Elementary schools in particular. I still don't like the 20 m.p.h.
signal that Is around most of our elementary schools and I have
noted tllat we have a flashing yellow light on Benton Street and
there Is one out in Coralville also. But I must say that I am
extremely pleased with, if It Is In an experimental stage, on the
signs that are chartreuse. I think they are striking. I think
they do an excellent job of providing a wamlng sign to the
average motorist. I would like to see those Implemented at
everyone of our schools If Ulat Is possible.
Atkins/ As I understand It I think we were part of a test program,
Illll, throughout the state where they selected a number of
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#12 page 3
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cities to tty this. I agree with you, the response has been
very positive. You cannot miss these signs like some of the
others. I think there was a requirement that the color has to
go through some unfortunately federal regulatOlY or state
regulatOlY change so it is ultimately approved or something of
that nature. I can't imagine them no approving the thing.
They have become very popular.
Kubby/ It is interesting. Those yellow signs you just don't see them
anymore. I think that yellow use to be bright. And as our
culture changes the colors that stick out need to be more and
more intense for us to see them. Maybe every five t ten years
we need to get a new color for warning signs so that you can
see them and notice them.
Nov/ This is not just color. It is a reflective sign. I stopped at the
3M booth when I was at the League of Municipalities and I
actually held it in my hand and it has reflective material and it
is printed with facets that pick up the lighting even better. I
was really very impressed with those.
Ambr/ I have one more point if I can get the ball back. Like a game
of basketball, don't ever take the ball out you never get it back.
I don't think there is anybody on this Board of Directors either
that is a stronger ____ a the capitalistic free enterprise
system. I live by those words. however it was called to my
attention this morning by two clients that had an appointment
with one of my staff this morning at a fairly early hour and
they had to come into town last night. Coincidentally with this
time frame we have the opening of the Farm Progress Show in
the Amana Colonies and there are literally tens of thousands
visitors to our area in this part of Iowa. And as a result of that
that puts an extreme cnmch on the availability of
acconuuodations, mainly motel roOIllS. Here in lies the nud of
my story. These two gentleman came in and the only room
that they could acquire was in a town near here. They couldn't'
find one in Iowa City. The motel is one that I will describe
categorically as a budget motel. That is not the corporate name
by any means. It is a lower price range motel. The price of
their room IVas $142 shared. Now I want to say this
organization-shame on you. You bring dishonor to our
community when you t1Y to exploit our visitors like that. I will
not put our city cotmcllin hanus way by making this
slanderous remark. However if anybody wants to know the
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#12 page 4
name of that motel, call me at home or on my office and I will
sure tell you because I abhor that kind of action. It doesn't do
anything to improve the image of Iowa City or business in
general. So I just say, again, shame on you. Clean up your act,
please. These visitors will come back to IOIVa City perhaps
time and time again. Maybe not for the Farm Progress Shop
but maybe to visit Hancher or an athletic event or come se us
at a city council meeting. You never knolV. I just disapprove of
that whole heartedlyand I don't think anyone would agree
that that is the way to treat our visitors.
Nov/What you are saying here is that the price went up that much
just because of the Farm Progress Show.
Ambr/ The average room in that particular chain of motels would be
in the $40 range.
Nov/ I have been visiting the bicyclists and the parking ramps, I
guess. I went to see the presentation by Nancy Burns of the
lOOT who is in charge of bicycles and trails and etc. under
ICEfFA and she said Urbandale has an ordinance or some sort
of program for trails dedication and redevelopment. And
Charlie Denney was there and I ask him to send for the
information so we can have it on hand and use it for open
space plans, implementation of open space plans. I just wanted
to let evelybody to know we are looking at it. There is
information coming. Also the FIRST group, the one that wants
to put a trail along the Iowa River, is starting a fund drive.
They are going to see if they can't collect the money to help us
implement the Stanley Plan. And I ran into somebody who had
seen a sad situation at Capitol Street ramp. We have this don't
park below a certain level before ten o'clock and this friend of
mine did not park on that level. However she walked by a
parked car where a mother was unloading two children into a
stroller at two minutes to ten. The attendants walked by and
gave her a ticket. I think the letter of the law was stretched a
bit on that one and this woman said she was going to call Joe
Fowler. So I said okay and I will bring it up at the council
meeting. I think we need to have some kind of leeway. If
someone parks In the ramp and was couple minutes over the
hour, they would not pay for that extra hour. They would be
charged for Just one hour. We have all been there and done
that. So I think two minutes is a little-
Kubby/ People's clocks might be different.
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#12 page 5
Nov/ Anyway shall we try and do something about that.
Atkins/ Oh yeah. I am hying to think what is the leeway.
Kubbyl Five minutes, Even bank clocks are different d,t.
Nov/ Steve, what is our allowed leeway in the parking ramp, If I
have been there for two hours and five minutes, am I charged
for two hours or is the cut off four minutes. I think that is a
legitimate pollcy that we have.
Atkins/ I don't know exactly how they charge the time. The time
goes in and the time goes out, the machine calculates it for the
attendant. But I suspect that if it is fifty cents and hour and if
you are there for two hours and ten minutes that you pay
$1.50. If it is any part of thereof.
Novl However if I am there for two hours and five minutes, I pay for
the two hours rather than the three. There is some kind of
leeway built into it and I am not sure exactly what the cut off
time is. If we have that pollcy in that instance I think it
wouldn't hurt to allow a couple of minutes on the other polley
also,
Courhley /1 got to tell you I have some problems with this. Just form
the stand point of total faimess in the whole parking system.
If you have your meter run out and one minute later they
come by and write you a ticket and the second minute you
walked up to the car, the ticket is till there and you still pay it
and I don't know if that is any different then parking two
minutes before the ten o'clock cut off time. Now it is not
different from the stand point of enforcement. We have to give
a clear message to our enforcement people.
Nov/ Just let me finish this. We don't have a clear method of
enforcement as we exit the ramp. There is a leeway on that
one. It Is not the same as parking at the meter. If you are two
minutes over the hour you are not charge for the second hour
on the ramp.
Kubby / It is different for me at the meters, Darrel, because when I
walk up to the meter it doesn't matter what time it is, I just
plug It and so that woman may have thought it was five after
or three after ten. She might have thought~
Courtney I For one isolated case like this I just disagree with
changing a whole policy with that department. If that Is what
the majority wishes, so be It.
Nov/ It would have taken her two minutes to walk away from the
car If she was loading two children In and Ollt.
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McD/ Naomi, don't you think something like this comes down really
to judgment.
Kubby / Discretion.
McD/ That is right. I mean if we are going to give them five minutes
leeway then we got to post a sign saying you can't park here
before 9:55,
Nov/ No.
McD/ And you talk about your exiting the ramp. I don't know if we
can
CHANGE TAPE TO REEL 93-85 SIDE 1
McD/ I think a lot of time it is the discretion of the cashier.
Nov/ You may be right.
McD/ Again, it is judgment on the part of the individual, Should that
particular person have given that woman a ticket. I don't
know. You and I say probably not. But were they doing what
they were suppose to be doing. Yes. They were enforcing the
parking regulations. So, unfortunately-
Nov/ I know that someone else might have gone up to the top level,
waited two minutes, gone down again and parked, We all
know this happens.
McD/ To really put in something in effect that says if you are three
minutes early you don't get a ticket, I mean I don't think
something like that would work. I mean I think it has to be
across the board type of thing. All of a sudden it Is not 10 a.m.
any more. Like I say, it's 9:57. I mean, for the benefit of the
people that have to write the tickets and have to enforce the
ordinance I think they need something. You know, if one of
them uses their own judgment occasionally, I certainly and I
don't think any of us have any problem with them doing that.
Pigott! I would like to encourage that as well.
Courtney / I have got a million stories about 111is 10 o'clock policy
thing in that ramp. If you are going to start changing policies
based on each one of those stories, we are going to have a mlsh
mash that we might as well throw the whole policy out.
Nov/ Maybe it Is just the mother in me that felt sony for this woman
with two kids.
Courtney / I feel sony for her too but not to 111e point of totally doing
away with standing policy.
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Nov/ We could a little bit more leniency in our discretionary policy.
I don't know,
Courtney/ Take that up witb Joe. He can take It up with his
employees.
Atkins/I will talk to Joe.
Courtney/For us to officialiy change the policy to me seems to be
stretching it a little bit.
Nov/ Not saying officially, I realiy thought there was an official
policy on leeway on exiting the ramp.
McD/ I don't think there is.
Kubby / Easy enough to check it out and say make it-
McD/ I have been charged both ways.
Nov/ Then it Is discretionmy.
I have one more here. Iowa City has been setting records this
year. We have had record rains and floods. Record setting
volunteer hours donated for sandbagging. Really impressive
the flood damage volunteerism that we have picked up. Now
we need to set one more record this year. We need a record
turn out for our city election. We need to become infonned,
choose candidates and vote. So I am going to give you some
advice on how to become Informed. There are three forums
that will be held before the October 5 primaty election. The
first one is Wednesday, September 29, right here at 7 o'clock In
the council chmllbers sponsored by the League of Women
Voters of Johnson County. The second one is Thursday,
September 30, 7:30 PM here in tbe council chmnbers sponsored
by the E.A. and I believe both of those are going to be
televised. Pick them later If you are not there that night. The
third one Is Monday, October 4, 1:30 PM at the Senior Center.
This one is sponsored by AARP. I urge everyone to attend one
of them If you can or watch them on cable t.v. Remind your
friends to vote ne.xt Tuesday. If people cannot vote on Tuesday
they can vote at the Auditor's Office before then. An old
League of Women Voter's quote, "Democracy is not a spectator's
sport."
Ambr/ You candidates ali better go to that AARP one. They ali vote.
Courtney/That Is going to be a tough one. Better you than me.
Nov/ I realiy think people have been neglecting their voting
obligations or rights or whatever we want to cali them. We
urge more participation.
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Pigottl I would like to encourage people to attend an event on
Saturday, October 9 and Monday, October 10 at the University
Of Iowa Affiliated Programs is putting on called With Others of
Their Own Kind. It is a stage reading of oral history of people
who grew up in Iowa's institutions for people with mental
retardation. And it promises to be a really enlightening event.
It is at Riverside theater. You can call Riverside Theater to get
information about it. It is at 8:00 PM on Saturday, October 9
and 2:00 PM on Sunday, October 10. Make room in your
schedule.
Kubbyl I have just one thing. I wanted to talk about Toxic Clean Up
day just a little bit since so many people participated. I had
the privilege of standing in the rain for many hours as did
many of the people up here and I was knocking on everybody's
windows handing out questionnaires. So I heard a lot of
people's feedback. At least initial feedback about Toxic Clean
Up Days. This one woman named Libby, a very funny woman
with violet eyes, kind of really put it in perspective because
she had this way of explaining her anger of waiting for up to
three hours with a couple of cans of paint with her gratitude
that she had the privilege of sitting in her car and waiting in
the rain to have a place to dispose of it. So what I want to say
to Libby is it is not going to be that way next time because it
won't be four years until we have another one. It is either
going to be in one years or in two years, We have to make that
determination, Please hold on to your toxles. We want to make
the kind of place available for you to bring them to us so we
can dispose of them properly instead of having you put them at
the curb side or take them to the dump. So please, if you got
turned away, if there Is any way that you can hold onto them
until our next clean up days, please do so. Thank everyone for
their [patience and for participating. The turn out was
tremendous.
Pigottl May I interject for just a second. I talked to the same
woman, Libby. As she got out she came up to the beginning of
the line and Libby told me that she was angry. She had short
brown hair. BIue eyes. She said to me that I was angry when I
got this sUlvey form from Karen Kubby, what are you going to
do about It. I said I will take the form please and your paint.
The point was not only was there anger there was also a good
deal of thanks fbr holding it and I think that one of the other
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one of the-
Kubby/ Libby, don't be mad at me any more. That is aIJ,
Novl Susan, you had some idea about a bicyclist on the
Transportation COllunittee.
Horow/ We were talking about this. I forgot to mention this. I
would like to see Mr. Davidson increase the composition of the
Transportation Technical Adviso!}' Committee because our
update of our Compo Plan celtainly under ICTEA will call for at
least an acknowledgment and, if not more, actual plans for
bicycles by using our streets or not using our streets or
whatever. I think the composition of the Technical Adviso!}'
Committee right now just precludes that subject ever being
discussed.
Atkins/ Isn't that detenllined by the jCCOG Board.
Kubby I I don't know if it that or the director-
Horow/ Good point, Steve, but-
Kubbyl We have a meeting in October.
Atkins/Your interest is having the TAC committee include something
with the bicycle interests.
Kubby / Some of these people in this town with expertise on planning
and the research and the current thought.
Horow/ One person would really kind of enliven the discussion.
Atkins/ I wlll raise it.
Nov/ Bill, can we put this on the agenda for the neAt jCCOG meeting.
Ambrl Absolutely. You and Susan do the research and bring it up.
We have done that before.
Atkins/ Which means you want me to do something to give to you
two to give to Bill,
Nov/ I will call Jeff.
Ambrl It Is called delegation.
Horowl One other request and I totally forgot. Karin, are you
finished. I would like to know if we could inquire from the
Department of Art at the University whether or graduate
student or an undergraduate student could work on a piece of
art, an object of art, that Incorporates sand bags. Because If
ever the city needed a work of art to remember the summer
by, I think the use of sand bags would be an e:..:cellent one.
Does anyone have any problems witll that.
!vieD/ Yeah, are you going to put It on Kirkwood Avenue.
Kubbyl Where that woman is going like this.
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Courtney I I want to see what it is going to look like and where it is
going to be before I endorse it.
Atkinsl I suggest you hold that thought.
Horow/ I really would like an object of mt incorporating sandbags.
Atkinsl If you could hold that thought. Sometiling is in the wind.
Horowl I don't want to micro manage this, Steve.
Atkins/ We thought Bud Stdckman would be the guy that could do
something.
Kubby I If people want to return their sandbags they can take them
to the bus barn. Is that where people should take their-
Fossel Yeah, drop them off by the sand pile near the bus barn.
Kubby I Seems better than leaving them on the curb for the crew.
Atkinsl Also don't hurt yourself. If you call in and let us know they
are at the curb. Today we were over at New Pie clearing
everything our of their for them. That is a lot of work and our
folks are trained for it. And we have the equipment. I don't
mind. Just don't hurt yourself. Put it at the curb. We have an
end loader that picks it up and they are gone. It doesn't take
that long. Just call Streets and let them know your address.
Courtney I Do I get a tum tonight. I was reminded this morning that
we forgot to talk about our scheduling last night at the end of
the meeting. The informal meeting of October 11 will be
blended into the 12th an hour early. We won't be meeting on
the 11th for an Informal. It is likely that the same thing may
happen on the 8th of November to blend into the council
meeting on the 9th an hour early,
Kubby / Is Columbus Dayan official hOllday for staff.
Gentry/Not for us.
Horow/ That is the Senior Center dinner.
Courtney/there is going to be at least two of us gone for the 11 tho
Atkins/ Monday Js the Senior Center dinner.
Courtney/And an event there that some people would like to go to.
And then also the last meeting of the year would normally be
the 20th and 21th. That wJll be during the hOliday break for
virtually the whole city. Staff wJlllook at what the load is for
things that need to be done and those could be moved to tile
l3til and 14th or canceled completely. Yet to be determined.
Novl The 21st and 22nd.
Courtneyl The 6th of December, We might have a problem with the
6til of December also. Have some people coming back form the
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#12 page 11
National League of Cities, Those are potential changes that are
conting up.
Karr/ If you could let me know of any absences even on off weeks it
would be helpful if resCheduling is necessary so I could see
that ahead of time. That would be helpful,
CourtneY/We are getting into that time of year. Lastly it is always
dangerous to break out one effort that has been down [or this
flooding and so on. I wanted to bring up one in particular.
Sunday, Walden Place held a pancake breakfast for flood relief.
I believe it was going to the Red Cross and that particular thing
is notable. I don 't know exactly what their results of that was,
I didn't'get feedback from it. One person in particular I wanted
to thank for her effort over there. A dear friend of mine by
the name of Clara Thompson who I wiII never call elderly. She
has seen many years come and go. She got on the phone and
sold 40 tickets at $5.00 a crack for the pancake benefit and I
suspect that was the most sold over there. So. Clara, if you are
watching, thank you very much. And she came down and ate
breakfast with me.
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Gentry/Speaking of original art. We have a wonderful painting in
my office of the influent pump station at the waste water
treatment plant. Perhaps we could accompany that with a
sandbag piece, Sonya lot of you missed our open house
because you were in Des Moines, We planned that four or five
times. My apologies.
Atkins/ Who painted that in your office.
GentIy/ Her name Is Andrea Whitto. She is closely related to me, my
middle child,
Horow/ We will all come down.
Another item. Steve did a really nice today with the Noon
Kiwanis, updating people of this community on the flood
update and what is going on. It was vety educational and vety
helpful. And he got a pen.
Atklns/ Yes, A lighted pen. They now have lighted pens.
Gentry/Crawl through the tunnels.
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Agenda
Iowa City City Council
Regular Council Meeting
September 28, 1993
Page 11
ITEM NO. 14.
q3 - 2105
CONSIDER A RESOLUTION AUTHORIZING THEMA YOR AND CITY
CLERK TO EXECUTE AN AGREEMENT WITH SHIVE-HATTERY ENGI.
NEERS AND ARCHITECTS OF IOWA CITY,IOWA FOR THE PROVISION
OF ENGINEERING DESIGN SERVICES.
Comment: This agreement provides for the design phase of engineering
services for the Rohret Road Pedestrian Overpasses at a cost of
$47,500. Construction is scheduled for 1994. A drawing of the
proposed bridges is included in the informational packet.
Action: JIG ~I n....~
lev it/V ~~j) %
CONSIDER A RESOLUTION AUTHORIZING THE FILING OF A COMMUNI.
TY DEVELOPMENT BLOCK GRANT (CDBGI PROGRAM STATEMENT
FOR THE USE OF $175,000 OF SUPPLEMENTAL CDBG FUNDS
APPROPRIATED UNDER PUBLIC LAW 103-75, INCLUDING ALL
UNDERSTANDINGS AND ASSURANCES CONTAINED THEREIN AND
DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF
EXECUTIVE OFFICER OF THE GRANT.
ITEM NO. 15.
'i3- 2.1.1:,
'..
Comment: This is the initial allocation of CDBG Disaster Relief Funds to
Iowa City. We expect another allocation in a couple of months. These
monies will be used for repair of flood damage to homes throughout
Iowa City and particularlv in the Baculis and Thatcher Mobile Home
Courts. Although no public hå is required, the Committee on
Community Needs (CCN) 'has reviewed the planned use of these funds,
and a public notice has also been published to inform citizens of the
intended use of the funds. Interim guidelines for the program are
included in the Council packet as well as a memo regarding use of the
supplemental CDBG funds.
Action: ~~/ ~.I.)
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#14 pagel
COUltney! Moved by McD, seconded by Nov. Discussion.
Horow! I have one question. Will this include a consideration for
bicyclists.
Fosse! Yes, they will be eight feet in width which meets the _______
standards of bicycles.
Nov! I was going to ask about widths, too, because I couldn't read it.
Fosse! It was an itty bitty drawing, wasn't it.
Kubby! Will you explain a little bit abut why we are doing this now.
We have another pedestrian bridge that has been requested
that we have talked about. We haven't made a decision on but
this one is slightly different because of the timing of certain
funds. Will you talk about that a little bit.
Fosse! Right. We are doing this one in anticipation of paving Rohret
Road associated with the school project and all. It is best to do
it all at once. We will get the bridges in on bOtll sides of Rohret
Road over the interstate at this time and it will be complete.
We recently put in an alternate means of getting across
Highway 6 down there and I think the decision, refresh me
here Darrel if I am not remembering correctly, was to try that
for a year to see how it works and then reassess that
pedestrian issue.
Kubby! When you say alternate metllOds you mean some work lights
and cross walks and some longer walk times.
Nov! Also we said we wanted to create some walk lights and crossing
stripes at some other intersections as well because there were
pedestlians crossing at different points on Highway 6.
Courtney! Any other discussion on this item.
Roll call-
The resolution is adopted.
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!tIS page 1
Courtney/Moved by Nov, seconded by Horow, Discussion.
Kubby / I just think it is really important that this community has
decided to instead of using this money for public works, flood
damage replacement, to use it for low moderate income
housing. It says a lot about this community. I am glad these
funds are available.
Nov/ I think that they are going to be well used because they are
going to require people that use them to have their houses
raised above the flood plain to prevent further damage.
COUl1ney / Any other discussion.
Roll call-
The resolution is adopted.
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Agenda
Iowa City City Council
Regular Council Meeting
September 28, 1993
Page 12
ITEM NO. 16-
q~'l"7
ITEM NO. 17 .
93- 359/
ITEM NO. 18.
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CONSIDER A RESOLUTION WITH RESPECT TO INTENT TO FINANCE
DISASTER COSTS.
Comment: This resolution designates the Finance Director to assemble
a record of costs and losses incurred as a result of the 1993 flood and
to determine the sources of funding available to defray those costs and
losses, including reserves, federal and state grants and loans, and the
issuance of bonds or other obligations of the City under the Disaster
Response Program of 1993. The Finance Director is authorized and
delegated to act on behalf of the City end this Council to formally
declare and record the official intent of the City to issue bonds or other
obligations to the extent that funding sources are delayed or unavailable.
A recommended plan of financing for consideration by the City Council
will be presented at tho next City Council meeting.
Action: J.k I~
1.Jp/l;- ~) JbK4 %
CONSIDER AN ORDINANCE AMENDING CHAPTER 32,1.63, FEES OR
CHARGES AUTHORIZED IN CHAPTER 23 OF THE IOWA CITY CODE.
(Second Consideration'
Comment: This amendment to Chapter 32.163. Fees and Charges,
allows the escalation of unpaid parking tickets. At the end of ten (10)
calendar days unpaid $3.00 expired meter end overtime tickets will
escalate to $5.00. At the end of thirty (30) days all unpaid parking
tickets except handicapped will escalate to $10.00. This action is being
taken to encourage the timely payment of parking tickets, Effective
date of this action shall be January 1, 1994. Staff recommends
~xpedited action on this ordinance.
Action: 'rt... tD) Ik.-6
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ADJOURNMENT.
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#16 page 1
Courtney!Moved by Horow, seconded by Ambr, Discussion.
Horow! yes, I have a question on this. I am assuming that the
intent of this is disaster costs for both public and private or am
I in error. It is primarily for public costs, Okay. That was
what I kind of suspected but I wanted to make sure because I
think there needs to be a continual list and I am really
challenging the media to pick this up. A continual list of those
resources for the private area to investigate. I mean people
whose sewer lines have dropped from the house, lets say for
one reason or another, and are incurring engineering costs as
well as construction costs and many of them really do not think
that that is capable of being reimbursed. I don't know that it
is. I think that they have got at least a chance to investigate
tllis.
Atkins! I think that, now that you mention it, it might be even worth
while on our part Just to prepare a summary so someone can
call and ask. I think some summary tear off, hand off, here are
the available programs because, as you mentioned, today I
called Senator Harkin's office concerning this and some other
information and low and behold discovered the fuderal
Economic Administration is now in the act. They are going to
be sending us some information about it. Interestingly enough
the staff person In Harkin's office said you don't know anything
about this. I said you are right. And I said I bet you nobody in
Iowa knows anything about it because nothing has crossed my
desk. If It had come in It would have gone to either Darrel or I.
I open Darrel's mail and one of us would have known about the
thing. And I called some other cities, what EDA Program. So
there evidently-Congress Is our doing ce11aln things and
creating resources. Now that we have announced it to the
whole work I suspect that everybody will be getting on the
band wagon.
Horow! I saw that as Mr. Witt's purpose for being there. This Is his
agency.
Atkins! Economic !X!velopment Administration is different.
Horow! I know they are different but I thought he was going to
collect all the various government sources.
Atkins! I don't think we can count on that. I agree with you.
Horow! I appreciate you doing that, Steve, because I am running into
a number of situations-
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#16 page 2
Atkins! Just a SUIl1maty page for you all to have available to you.
Bruno and I talked about the 1362 Program. There are just so
many different things kicking around and stuff to keep track
of. We will put a sUllllual}' together.
Courtney! Any other discussion.
Roll call-
The resolution Is adopted.
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#17 page 1
Courtney /
McD/ Council interested in-
Nov/ I want to ask a question before you do that because I am not
sure on the wording on this is clear. When I read it again and
it said except handicap I am making an assumption that if
someone parks in a handicap place with a real sticker, a
legitimate parker and then forgets to pay the meter or doesn't
put enough money in the meter, they are still going to be
paying an overtime ticket. And I am not sure that wording is
clear in the way the ordinance is written.
Genny / I don't have a copy right-
Kubby/ I brought that up at an informal when Ann was here. She
didn't seem to think-
GentlY/ She didn't have a problem with it.
Nov! I still read it again and I am not sure that it isn't a problem.
Kubby/ I think it is unclear. That is why I brought it up.
Gently/Handicap tickets will be treated entirely differently.
Nov/ Well, I think what they are talking about here is illegal parking
In a handicap space. I am asking about is legal parking in a
handicap space witll an overtime ticket.
Courtney/ They stili get charged #+$3.00 I presume.
GentlY/It would still be Illegal if it is overtime.
McD/ Because the fine is already more than this, Naomi, I think- I
know what vou are-
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Nov/ If I am parking legally in a handicap space-
Gently/If you run overtime you are illegal,
McD/ Okay.
Gently/You become Illegal if you pass the time period.
Courtney/ You are not getting a handicap parking charge there. You
are getting an oveliime charge.
Nov/ I just want to be sure that that is as clear as it could be the way
it is written.
Kubby/ One could interpret this by saying it says except handicap, I
am handicap, even though my meter ran out I shouldn't have
to pay.
COUliney/ That ticket 1'1'111 not say anything about handicap. It 1'1'111
not designate them as being a handicap. It will designate them
as being an overtime parking ticket, period.
Nov/ Okay. If you are sure that that is all it needs to say, that is fine.
Gently/ I am comfortable with It.
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#17 page 2
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Courtney I Moved by McD, seconded by Ambr to collapse the second
and third readings on this, Discussion.
Roll calI- (Kubby-no)
Moved by McO, seconded by Ambr. to give the ordinance final
reading. Discussion.
Roll calI-(yes)
The ordinance passes fma! consideration,
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City of Iowa City
MEMORANDUM
DATE: September 24. 1993
TO: City Council
FROM: City Manager
RE: Work Session Agendas and Meeting Schedule
September 27. 1993 Monday
6:30 . 8:00 P.M. City Council Work Session - Council Chambers
6:30 P.M. . Review zoning matters
6:45 P.M. - CDBG Flood Relief Funding
6:55 P.M. Citizen Building Project
7:15 P.M. Newspaper Dispensers on Public Property
7:45 P;M. . Council agenda, Council time, Council committee
reports
September 28. 1993 Tuesday
7:30 P.M. - Regular ,Council Meeting - Council Chambers
October 11. 1993
6:30 - 8:30 P.M.
Monday
City Council Work Session - Council Chambers
Agenda pending
October 12. 1993 Tuesday
, 7:30 P.M. - Regular Council Meeting. Council Chambers
PENDING LIST
Appointment to the Planning and Zoning Commission. October 12, 1993
Appointments to the Design Review Committee, Board of Appeals, Riverfront
and Natural Areas Commission, and Senior Center Commission. October
26, 1993
Appointments to Board of Appeals, Board of Adjustment, Desi9n Review
Committee, Human Rights Commission and Parks and Recreation Commission _
November,9, 1993
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