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HomeMy WebLinkAbout1994-01-18 Agenda :'/ , , \ i I, . ,I "j, ";i I,j. ,', "'11("1'. ;.-- ----- - - "l-----""'-;: '--~...... 'i ,! ;~) 'I '1 ~'l " ri '" ", .:; 2l " , ~II , ,~ I,;:: fl (. j! ::1 H ~1 ~;; n " Kl :";i I~ w " ~ J r" I, I' ~' : ," - ,,' '-:- ': '/'-t' ',,',': ','" , .,LI' It...., ,,II ':-'. .,;' I ' I .." . , ; _. _ ,.. l - / //" ,I. , . . '- ---.----- ~ IOWA CITY CITY COUNCIL AGENDA REGULAR COUNCIL MEETING OF JANUARY 18, 1994 7:30 P.M. COUNCIL CHAMBERS, CIVIC CENTER 410 EAST WASHINGTON . .~'-.'"'H'.,.,..." ,'~,.~., ',,:. ,..,.,..,.. , ";". " . ,." ",-,' --.-. -- . , , ;j !i , i' , I " i !; , I' -,"J I l! Ii I, Ii Ii' """, I I I i , :1 , , " j,i , ,~ Iii, II ,I . I Ii 'F i:' ~ 11 "I " II:' r~ 'I I" V 11 Ii '10: II'" t 'I, .,' f ',,/. i .. I!, I' I ! , 1 ~ / . ~.. ...... - "1~--:---~---~ ..-',......~ ., . /' '. " . ,. ",' " n ,', h 'I t-r ,n"","":",,,,' ;' -. '- --, _. " ,/ 1 -, .'- ;/tJk.'w AGENDA ~~ IOWA CITY CITY COUNCIL ~ REGULAR COUNCIL MEETING. JANUARY 18, 199,\ ,LI 7:30 P.M. ~ COUNCIL CHAMBERS ;f.a,Jt.Cuv ITEM NO.1. CALL TO ORDER. ~ ~II{~ jdwnV )dVlltt1t:1dc.fY · ~ , 1 , ;,j , ~~~:jf}: ~ 1'1; J.ll(fo4~":R.~) J) ~ I>> ~ ';/5. ITEM NO. 2., MAya;'~'PROCLAMATIONS + I'Mt)(.. II{.-tr~ /9t.u> ae'f~ a. Water Watch Year' 1994. 1 I " " I' t: " i.I ~l ;:.' H !~ fl 1; " '" ,- ,I " " " 'I I, " " f " Ii ~ b. Martin Luther King, Jr., Racognition Day - January 17, 1994. ITEM NO.3. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. i I I i I , a. Considar approval of Official Council actions of the special meetings of January 3 and 6, 1994 and of the regular meeting of January 4, 1994, as published, subject to corrections, as recommended by the City Clerk. b. Minutes of Boards and Commissions. (1) Planning and Zoning Commission meeting of December 16, 1993. (21 Planning and Zoning Commission meeting of January 3, 1994. (3) Broadband Telecommunications Commission meeting of December 15,1993. ! I: !' (4) Senior Center Commission meeting of November 15, 1993. (5) Board of Adjustment meeting of December 8, 1993. I: Board of Library Trustees meeting of December 16, 1993. (6) I: (7) Mayor's Youth Employment Board meeting of December 1, 1993. (81 Parks and Recreation Commission meeting of December 15, 1993. (9) Historic Preservation Commission meeting of December 14, 1993. c. Permit Motions and Resolutions as Recommended by the City Clerk. , , ! I i i II'; II i II 'I I'i L Ii \ II I' 'I !I: 11 I: j" " r: ;, 'I il II , " " 'i " , I J I"! . , , (11 Considar a motion approving a Class "C" Liquor License for Inn Ho Shimm dba Aoeshe Restaurant, 624 S. Gilbert St. (Renewal) I I (2) Consider a motion approving a Class "C" Liquor License for Carlos I O'Kelly's of Iowa City, Inc., dba Carlos O'Kelly's Mexican Cafe, i I , 1411 ,So Waterfront. (New) , ! I I ,; (31 Consider a motion approving a Class "C" Liquor License for R.T. I " I Grunts, Inc., dba R.T.'s, 826 S. Clinton St. (Renewal) f .........".,.'",. :~ j " , ': .:\ ';i. ~( " I: ~ " j I \ \ i / , , , , ),' _ _ _ ~i . , . . , " 't-::-/' 'I ' t-/'-" t ' ' , "-.' ~" ~. ,:' ", ,',", .,,~, I" ,. ' / ,> \, \. ,(" . -. #l page 1 Horow/(#l-After Roll Call) I would like to ask council' s consideration this evening before we begin if they would agree to move items 19 & 20 on the Pesticide ordinance forward after public Discussion and we would allow the public Discussion to include discussion about the pesticide ordinances. Is council agreeable to that. (Yes) Then I would like to play upon your agreement right noW and see if we can move #14 right after that. That is the CEBA Grant. The gentlemen who are here to discusS this are going to be driving back to Chicago this evening and I wouldn't want to drive all the way to Chicago this evening. Are you agreeable to that as well. Throg/ will there be an opportunity for people in the public to- Horow/ Yes, but it would be when we take that up. In other words, it would not be under public Discussion. Gentry/ May I have some clarification. Are you moving the item up or just the discussion. Horow/ I am moving the items 19 & 20 up after public Discussion has taken place, which includes 19 & 20. But then after that is finished, moving #14 up and within the context of after the motion has been put on the table, having the discussion take place among us as well as if they would wish to present something. NoW I am looking at you. Is that acceptable. Gentry/ Yes. I just wanted to make sure you were going to have the discussion of the item and the action for 14. Horow/ Yes. Gentry/ And then discussion and action for 19 after. Horow/ No. 19 & 20 come before 14. Baker/ If our desire is to get these gentlemen back to Chicago wouldn't we put them up first and then 19 &20. Horow/ We have had a lot of people come for the pesticide this evening. Baker/ This one would be a lot shorter than the pesticide. Gentry/ But you are going to have action after they speak. Horow/ Yes. Gentry/That is cool. F011894 ...".-,.....-.--..-'''...- , ;: j', ! Iii II , . Ii ii Ii' :; . If Ii n Ii II ,- " " , 11" " i\ , , ~. F . ; I' ,~ ' , I II I' 'I " .1: " [I , ,,, ."i,'i , "I' ,". ~ , :'{ I, .1. 'I .) .'1 , : I '\':' i' 'I ~. - \.; ,::,; i," ;.~ " :'~ ~' i :': ':~ : ,i'.: 11 " [j p. ~ " !I il II .~ I 1/ \ \ 1 I' I - ~ --. ... , ,'.' ~'. , . . ..' -' ,- - , , , \' ': ' t I : h 'H, 'i~~ "",' ,; -. - - ,....' ' / /~J. ,......,_.__ .f '------.-::::.::-- ---:-----..- " #1 page 2 Pigott/ So we are doing what first. Horow/ We are doing #5, then 19 & 20, then #14. Thank you very much. Karr/ Can we have a motion to that effect. Horow/ (Kubby/pigott) Thank you. All those in favor signify by saying aye (ayes). Thank you. F011894 ).O-'~:;-"'."----.'.".~--'~~'-__."''':.''--'.-'''' .-....,.-,',.... "'.:", ".,...". .....!..'" " -_.-.".,.~. ',\ I I I I 1 I " ! 1 , , Ii I.i' I,; II , i II il I, Ii Ii' 'III': , , , I I ,.,' ,,' ( k" ,':' I, I I, , i'i' I"~ i..." I'" , I' , ,." , ' , , .. \ , \ I I /, ) ~ \ l'.' -~- . / : , ,rJ' ,"h' t-i ",~':t." :',: "'/ ',' ~ _. ' _ . - . l _. . , / I /rj. \, .'1' , ' .' ._--. -.----- -- .>; ;:: " " #2a page 1 Horow/ (#2a) I, Susan Horow, Mayor of the city of Iowa City, Iowa do proclaim the year of 1994 to be Water Watch year in Iowa City and we encourage citizen participation in educational activities and public dialogue on the importance of protecting our water resources here in Iowa city. Is there someone here. ',. " i! j,! Ii , (: " f, ~i II fl I \ , , i i , I Lou Licht/ I would like to pass these out. Just briefly. It is a pleasure to be here and to invite us all to participate on February 15 with a community drink and perhaps it sound a little frivolous but it is really a kick off for a year where we as a growing group hope to coordinate activities already planned and further planned activities where we look at water and try to understand it and try to debunk myth and try to understand its science, its politics, and what water is. And we have two events already in February. On the 15th there is a Water cycle and You conducted by the Iowa DNR and the U. of Iowa Department of Geology. And February 27 a family tour of the Coralville Dam. so, look for this and we will be doing more. But it is a pleasure and thank you very much for the proclamation. F011894 '-"...._-- -. .~-..~.'...,-,'_...''',..,''.'';,',.. " ,- _~.d... 1 I , I I i I I. I , :' I I I 1 I I" 'I I: \i , ,; , Ii " 'I " , " .. , I:! ,~ , I II Ir L i: r I;, ;,: !: IiI ":1 " I i: , " ';1', iI " , , 'i I " ~ ~ ~ ;' 'lJ:"'br" 't {:' :~~.' ',"" ',,":':, , :,'"" :, / " \1 {.. '- ' --. Agenda Iowa City City Council Regular Council Meeting January 18, 1994 Page 2 '~I ;'f ,ii , , ti " 'J ~.i f' !~ ij ',j , ; " " " I , '1'1-11 " 9~ ~ 12. ..'...,.,- ,... . -.'~ "".,'. (4) Consider a motion approving a Class "C" Beer Permit for Clyde R. Seaton, dba Seat9n's Cash & Carry Market, 1331 Muscatine Ave. IRenawal) (5) Considar a motion approving a refund for an unused portion of a Class "C" Liquor license for Gasthaus, Inc., dba Jirsa's, 819 1st Ave. (6) Consider a motion approving a refund for an unused portion of a Class "C" Liquor License for Charlie's East, LTD., dba Carol J's, 1578 1 st Avenue. (7) Consider a resolution issuing a Dancing Permit to R.T.'s - 826 S. Clinton St. d. Setting Public Hearings. (1) CONSIDER SETTING A PUBLIC HEARING FOR FEBRUARY 1, 1994, ON AN ORDINANCE ADOPTING A T AP.ON FEE FOR THE NORTHWEST SANITARY SEWER. Comment: Section 33.3 of the Code of Ordinance of the City of Iowa City, Iowa, authorizes the City to adopt and Implement project-specific tap-on fee ordinances to provide for the equitable apportionment of costs associated with extension of public utilities. The City is proposing to establish a tap-on fee for the Northwest Sanitary Sewer, a trunk sewer serving the northwest area of the City within the Clear Craek drainage basin. . e., Motions. (1) Consider a motion to approve disbursements in the amount of $7,331,646.55 for the pariod of December 1 through December 31, 1993, as recommended by the Finance Director subject to audit. f. Resolutions. (1) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A RENTAL REHABILITATION LIEN REGARDING A RENTAL REHABILITATION LOAN FOR PROPERTY LOCATED AT 314 S. GOVERNOR STREET, IOWA CITY, IOWA. Comment: The owners of the property located at 314 S. Governor Street received a $7,000 rental rehabilitation loan from the City on Dacember 19, 1986. Under the terms of the loan agreement, $4,200 of the loan has been forgiven. The belance of the loan ($2,800) was paid off on January 11, 1994, and can now be released. ) II! ~ . II I,i I' d II' 11' " , , t ~ !' I'! I Ii '; 'I I: I " I I: , ':1 I t'i ! I I l : II " , I I I i II ~".. - ~ ""----..,.-. -~--- \.41. IIt-'......- .....~ ... - - ~f"" -.... I ' _' ',.', " -' /-' , ", '"', tl' hi, ,t--J" ;7V", . '.'; ,', , ; - .',.- -." _. "" ,. ,. '/ '. " 1, Agenda Iowa City City Council Regular Council Meeting January 18, 1994 Page 3 (2) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN ~4' 13 AND THE CITY CLERK TO ATTEST A SUBORDINATION AGREE. 'I: MENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK , AND TRUST COMPANY FOR PROPERTY LOCATED AT 1531 PLUM STREET, IOWA CITY, IOWA. .:1 " Comment: The City's Housing Rehabilitation Program was :' contacted by Hills Bank and Trust Company requesting that the , City approve a Subordination Agreement for the owner at 1531 '" '1 Plum Street. On July 9,1993, the owner of 1531 Plum Street , received $2,180 in the form of a Conditional Occupancy Loan i: , through the City's Housing Rehabilitation Program. Hills Bank and Trust Company proposes to loan the owner $60,000. The appraised value of the property is $77,500, which provides . adequate security to protect the City's interest as a second lien i ~ holder, which was the City's original position. II' Ii ,I " (3) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN " . ii " , i\' q~-11 AND THE CITY CLERK TO ATTEST A SUBORDINATION AGREE. !\' MENT BETWEEN THE CITY OF IOWA CITY AND IOWA STATE , j! BANK AND TRUST COMPANY FOR PROPERTY LOCATED AT 436 OAKLAND AVENUE, IOWA CITY, IOWA. , " , Ii :1 r " Comment: The City's Housing Rehabilitation Program. was I I,; contacted by Iowa State Bank and Trust Company requesting that Ii " the City approve a Subordination Agreement for the owner of 435 !'i Oakland Avenue. On January 12, 1990, the owner of 435 I Oakland Avenue received $3,000 in the form of a Conditional I Occupancy Rehabilitation Loan through the City's Housing I I Rehabilitation Program. On September 26,1991, the amount of I , I the loan was amended to $2,640. Iowa State Bank and Trust I , " Company proposes to loan the owner $62,400. The appraised value of .the property Is $78,000, which provides adequate / security to protect the City's interest as a second lien holdar. (4) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN ~'-/-I':> AND THE CITY CLERK TO ATTEST THE RELEASE OF AN AGREEMENT FOR WATER MAIN EXTENSION FOR ROCHESTER HEIGHTS SUBDIVISION. I Comment: A Water Main Extension Agreement dated August 30, I I 1 983, obligated the owners of land now known as Rochester I Heights Subdivision, Lots 1 . 20 to pay a portion of the cost for i I Installing the water main to serve that property. The subdivider, , E.L.H., Ltd., paid the extension fee on May 2, 1991, but a release I I was not issued at that time. The lack of a recorded release has I I given risa to a title objection. This resolution authorizes release I of the Water Main Extension Agreement. i! '_.Lf.tl&l L ':'1 I i , 'I '! i ~i ~- i- 1" " l I \ ;. t j' ~ , , f 1 i i .,..,-----..--: ._~--- '41. ..-, .....- - ~~ ...~ - - ~I~ ~ ...--- . , ;, ll' b' 't (, h' :', ",', , : ': / , /~ I .' , ". .:"'~" ~_.-..~------ -.---. .-. . Agenda Iowa City City Council Regular Council Meeting January 18, 1994 Page 4 q<j. - II.. '-"'.'~"-" H".. ...'.... (51 CONSIDER RESOLUTION ACCEPTING WORK FOR THE SOUTH SYCAMORE SANITARY TRUNK SEWER PROJECT. Comment: This project was completed in December of 1993 at a total cost of $564,256.80. Problems with easement acquisition and poor weather caused considerable delay in the completion of this project. See attached Engineer's Raport. g. Correspondence. (1) Letter from Leon Livers regarding tha pesticide ordinance. (2) Letter of support for Public Access TV from Sharon Thomas. (3) Letter from the Iowa Pest Control Association, Inc., regarding the pesticide ordinance. (4) Letter from the Professional Lawn Care Association regarding the pesticide ordinance. (5) Letter from the Chamber of Commerce regarding the pesticide ordinance. (61 Memoranda from the Traffic Engineer regarding: (a) Parking prohibition on the west side of Lowell Street. (b) Parking prohibition on the north side of High Street. (c) Parking prohibition on Dunlap Court. ~ (d) Parking prohibition on Third Avenue. ( ~)ll{,~ adt:/J7ty) 1> -.1lMfWU / 1~) , END OF CONSENT CALENDAR 12.<:\ ,'}N1lvu,.(J(),/)_ ~.v3(')o..-J... ~ 1/0 " i i I I: I, I Ii I , I I I I: " f. II il: Ii,' , \\.- . I',' . H ~. . .!, ;,~ , 'I' f I: ' {i .III,.,'..':j ,I" i II 'I II il I: :ir; I " , , Ii , , I I , ~, -- ""IIf'I'. i I , :~ :\,' " - '~""1 ~, ~--..... ..~',...... - - ~ ~... , , , '. l .. , . , , .:.., ' M- -t ", t I I ' , '" -' ~ , ';:/ . '\ ." , , , ,'" ,I" _,', ';,,', ' , , ; -~ - , / ..>\ " 1 , { ...., "-. .. .-..- ___ H--...~_ H3 page 1 Horow/ (#3) Moved by Nov, seconded by Throg. Any discussion. Atkins/ Susan, may I make a comment on two items, possibly three items under Traffic Engineer Reports, parking prohibitions in the City High area are being requested again. I just wanted to alert you to that fact. Kubby/ I would like to take those out for separate discussion. Horow/ That is good because I have something to add to that, too. All right. Nov/ And permanent motions, Ic.(2). Can you tell me why that is a new license, liquor license. Karr/ It is just new Classification. New ownership. Horow/ Jim, did you have something. No. All right, then. We are considering the adoption of the Consent Calendar. A. through G.(5); taking G.(6) for separate consideration. Karr / Madam Mayor, and (7) & ( 8 ) have been added. So you are taking all of (6) out for separate consideration and leaving (7) and (8). Correct. Horow/ Right. Thank you. Okay. This includes letters from Leon Livers regarding Pesticide Ordinance as well as a letter from the Iowa Pest Control Association regarding the ordinance and Professional Lawn Care Association as well as the Chamber of commerce, as regarding the Pesticide Ordinance. We also received a letter of support for Public Access T. V. from Sharon Thomas. Okay. All those in favor- You also received a letter from the Alliance for the Protection of Environmental Businesses regarding the Pesticide Ordinance. Also from Alda Gephard regarding TCI contract. Gentry/ Roll call- Horow/ Roll call- (Yeses) Okay. F011894 ....._~.-._.... .-...,,-- ...,;.... .'".''-, ~--._" -- ~ i I . II II; Ii! If Ii, ' ,. . /ii "I' li' " ,;1.' .r( iT I .; , '.' 'i, '" '1 , , ',\1 j' ."1" " ,~' 'f ',-I: , [ , '( -'9r""'lf". - ~ " I " ~ i , i & I I I .',' I,: I , "'i. , ,I " " 'I" I '/' , ): - "1-~-, -~---~;,.......------_.~-"---..----..-..,~.... -.... . '. .,... . , ',',' . :-:- n ' 1':-1' tI Fl,.., - _ " ,',":, ... -. -. - , - / 1/\ /' ~ ~>--~-'~~ --:.:-. --.---- " " City of Iowa City MEMORANDUM DATE: Jnauary 14. 1994 TO: Mayor, Council. General Public SUBJECT: Addition'to Consent Calendar 3 - g. (7) Letter from the Alliance for Protection of Environmental Businesses regarding the pesticide ordinance. 1 (8) l.e;/jjA) ~ U~ ~,/uwf ~ rc-r ~dfid: ""'....,....-."~.-.... . .--.-,..- ....""~ "",.,. \1 : \'1 ",','-.'.,--.. ..."".,,1 ,--,.,..... - , \ ---.,..-- i i ,[ I !I 'I II I' I',! I- , I:l . T: I I , , , , , , , I , i I I I --,",1 """JlIr'''''''-: " j ':>; ':,':,'.ll "/rJ"f (",H '~,' ,,',' '~:','- ,'_:.~._, / I ;,\ { "- - -~ - '~~ Aganda Iowa City City Council Regular Council Meeting January 18, 1994 Page 5 ITEM NO.4. PLANNING AND ZONING MATTERS. r~..:;,;, 'M_""-.--."... ...,. , '/<' ,', ".., a. Consider setting a public hearing for February 1, 1994, on an ordinance amending the Zoning Ordinance by amending the PDH (Planned Development Housing) plan for Walnut Ridge, Parts 5 through 9, an 85.32 acre, 56 lot residential subdivision located north of Melrose Avenue on Kennedy Parkway extended. IREZ93.0015 and SUB93- 0023) Comment: At its January 6, 1994, meeting, by a vote of 5-0, the Planning and Zoning Commission racommended approval of an application submitted by Southgate Development Company for approval of an amended PDH plan for Walnut Ridge, Parts 5 through 9, an B5.32 'acre, 56 lot residential development located north of Melrose Avenue on Kennedy Parkway extended subject to submission and app.roval of a Grading and Erosion Control Plan. The Commission's recommendation varies from the staff recommendation. Action: ~/~) ~ b. Consider setting a public hearing for February 1, 1994, on a resolution approving the voluntary annexation of an approximate 420 acre tract of land, known as Sycamore Farms, and located south of Highway 6 and the southern corporate limits. (ANN92.00031 Comment: At its November 4, 1 993, meeting, by a vote of 6-0, the Planning and Zoning Commission racommended approval of the annaxation of the 422 acre Sycamore Farms area, This recommenda. tion is generally consistent with that of staff. Action: ~) '1~ I fJ11)() ~M2.... " : I : ; , I, I , li I I Iii I Ii I , I' I " !l: " !I ;; I: " " I: " - , il , I I;: 'I , iI !; I' Ii I, i I:i ! I , I' .! , i , , i i I ii ! I - \ I ... ""If". - ~--.:'1.---... . ~- ~ ..-'..w"-- - -- ~--.--........--- - ~~... ...-- ...--.. ~ ".--' .....--- \ r~~-~' '.~ '~.' -, ,,' '. :.',.'.. . L I 'I ' U / I ", : ,,' ,T(, ,:,.t . I,t. " ~ " "" " " . -- ,- '-, -".' . " " J Agenda Iowa City City Council Regular Council Meeting January 18, 1994 Page 6 c. Consider setting a public hearing for February 1, 1994, on an ordinance amending the Zoning Ordinance by conditionally changing the use regulations of an approximate 422 acre tract of land located south of Highway 6 and the southern corporate limits from County RS, Suburban Residential, to RS-8, Medium Density Single-Family Residential (62 acres); RM-12, Low Density Multi-Family Residential (10 acres); RM-20, Medium Density Multi-family Residential (15 acres); RFBH, Factory Built Housing Residential (84 acres); RR-1. Rural Residential (191 acres) and ID-RM, Interim Development Multi-Family Residential (59 acres). Comment: At its November 4, 1993, meeting, by a vote of 6-0, the Planning and Zoning Commission recommended approval of an ordinance amending the Zoning Ordinance by conditionally rezoning the Sycamore Farms area as noted above, subject to conditions related to environmental concerns, neighborhood open space, an elementary school site and infrastructure responsibility. The Commission's recommendation is generally consistent with that of the staff. Action: JttWJv,/ P,~df agO t':l.~cw d. Consider setting a public hearing for February 1, 1994, on amendments to Zoning Ordinance Sections 36-58, Off-Street Parking Requirements; 36-60, Sign Regulations, and 36-9, RFBH, Factory Built Housing Residential Zone, to allow certain commercial uses as provisional uses in the RFBH zone, and to replace the incorrect references to the RMH ' zone with RFBH. Comment: At its November 4. 1993, meeting, the Planning and Zoning Commission, by a vote of 6-0, recommended approval of the Zoning Ordinence amendments cited above. The Commission's recommenda- tion is consistent with the staff. Action: ~)/ ~ { , (J OQ. nJr...J e. Public hearing on an ordinance vacating the northern 212 feet of the alley located between Burlington and Court streets, west of Dubuque Street (Block 102). (VAC93-0005) Comment: At its December 16, 1993, meeting, the Planning and Zoning Commission, by a vote of 6-0, recommended ihat tha northern 212 feet of the north-south alley between Burlington and Court streets In Block 102 be vacated, subject to resolution of the issues releted to utility relocation. The Commission's recommendation is consistent with the staff recommendation contained in a staff report dated December 16,1993. i , I. ~: : , " , I II' I II I , " i !I II' I, I,' P h. Ii L: I': 1"; I:: ,/ . 'oJ Ii II II !I, j'. I I I I' I I, 1: I I I I I I ! I i I I i I , , :i ! , Action: II~ fnU.- *~ , "" ~ """ " '. M : , , . . . . .. " , : "rr :"h' ,t 1 ":I [' ,;:" ',':,',' _. _ \ i~ 't ~ ,'.. ' I '1 ,J. , u___ Agenda Iowa City City Council Regular Council Meeting January 18, 1994 Page 7 ~ i' i I I i I ,,'..,.'...'..- f. Public hearing continued from January 18, 1994, on an ordinance amending the Zoning Ordinance by conditionally changing the use regulations of an approximate 7.86 acre tract of land located at 2312 Muscatine Avenue (Towncrest Mobile Home Court) from RFBH, Factory Built Housing Residential, to CC-2, Community Commercial. (REZ93- 00101 Commant: At its November 4, 1993, meeting, by a vote of 6-0, the Planning and Zoning Commission recommended denial of an ordinance amending the Zoning Ordinance by conditionally changing the use regulations of an approximate 7.86 acre tract of land located at 2312 Muscatine Avenue from RFBH to CC.2. In a staff report dated Septem- ber 16, 1993, staff recommended that the proposed rezoning he approved only if concerns regarding the improvement of the First Avenue and Muscatine Avenue intersection and the loss of an area zoned RFBH are resolved. Comments were received at Council's November 23, 1993, and January 4, 1994, public hearings on this item. The Council packet includes a memorandum dated January 12, 1994, regarding the Forest View Trailer Park and a letter from the applicant dated January 13, 1994, requesting that this public hearing be continued to April 12, 1994. Action: kr?/ U -tiJ I~ g. Consider an ordinance amending t Zoning Ordinance by conditi~allY ~ changing the use regulations of an approximate 7.86 acre tract of land located at 2312 Muscatine Avenue (Towncrest Mobile Home Court) from RFBH, Factory Built Housing Residential, to CC-2, Community Commercial. (REZ93-0010) (First consideration) Comment: See item f. above. Consistent with COUl;cil policy, first consideration of this item has been placed on the a enda Immediately following the continued public hearing. A Action: .J;ru f/J) oJi~ , I I I r , I , I i I , I" I, III I I Ii II: I d (i I~ " 1\ " " . " i I;' ii r , I I' i; , , I I ' :l r I I !I I, ii ':'...,.,....~,.. "",- --"l...---.... ~-"'~..-,.."... -~ .~~ ,..,....-------,~.... ~ .. --- - .,.............---.- \ .' " ~ t . . , , f \' . _" ,_'" , '.. "n ' h ""t.:I. d ': " , ' :~.. .'. ; . _~ I _ . H"'" , / , , 1 U4.f page 1 Horow/ (#4.f) What is council's- Open the p.h. We would ask you again to keep your comments to five minutes. Please sign in and state your name. Phil Leff/ Members of the council, I am here again on behalf of Eagles to simple expand upon Mr. Brosman's letter to you. The motivation behind this request is the realization that it is essential to satisfy your concerns on three issues. One is to obtain some satisfactory method for financing the costs or portions of the costs for relocating the members of the mobile home court. Secondly, to provide some inventory or location where they may move to and continue the same type of occupancy and mobile home courts. And, thirdly, to provide some methods to replace the inventory of mobile home court site that would be lost upon the completing of this rehabilitation project. The developer, Eagles, has been aware that there is now under a study by the developer to increase increase mobile home court sites that will include a large number of sites that may be large enough to take on a transfer of the mobile home court residents that would be displaced by this project. That obviously is an undertaking that takes some time to analyze but it is very likely that Eagles may be able to in some manner participate in that project with the city and with the funds that the city is apparently proposing to place into that project and reallocate some of the financial assistance that Eagles has proposed to make it a realistic possibility that there will be affordable mobile home sites as a part of that project. It seems to me that it warrants a continuation of the p.h. to the date requested in order to give this a chance to work. If it works successfully it will provide the partnership that the city staff has asked Eagles to participate in with the city to solve the problem. It will do so in a way that will provide a more long term relief for the uncertainty and anxiety that the mobile home court residents feel they are now in a position of risk. I think it is apparent that they will continue to be in a risk position even if this project is not continued because it is not an area that is going to provide long term affordable housing care for these residents. So we ask that you allow Eagles the opportunity to do what it has done up to now and that is to work cooperatively and in good faith with the city staff to openly and effectively provide a pool of their abilities and resources with those of the city's to solve the problem. So please give Eagles this chance and please continue the p.h. to the date requested. Horow/ Thank you. Ed Murphy/Good evening Madam Mayor and members of the city council. I am Ed Murphy, former resident of Towncrest Mobile I [, I Iii ,[ " ~ Ii ii: Ii ,. I~ i! ",!. i 1;' 1" 'I I I[ I I J ! . "I , I F01l894 ,i ('..-, ,."".'-' " " - ~ -. , , "'If"'''. - ":'; ----------- ---,- ---- ~'1 -- ~-- ~ ..-'..... -- ......~ -..---------IIf~ .... -----..--.....- ...---.---.,-- -,~ - .--...--- \ I ':' t"':'/'" I' ". 1~/^" s-t-"" " .' ; ." .. ", h": t ',,: " ' , ~. ' - , ,. " "; , .....:.. I .' _ " ,~ . ~"....r ,.,," . , " ' , / " #4.f page 2 Home Park. I am just going to briefly go through some of the things that we have talked about either in P/Z or here before you. I also have some other information that has not been brought out in either P/Z or to you. We have talked about the affordable housing and we know it is a problem. This project exacerbates the current problem. The city and developer united can resolve this problem. That is one of things in which at least what has come forward recently could provide a foundation for that working relationship. Karin Franklin in the quote from the November 1 P/Z meeting says that the city cannot find a way to address the additional burden that providing relocation assistance would impose. It may not make sense to rezone this area and incur the costs. Also said that a new court would not directly replace this court since it would have a different economic structure. Tom Scott, your chairman of the P/Z commission, said that as long as this area remained zoned RFBH even with upgrades it will provide a more affordable housing than is available elsewhere in Iowa City. So far you have not taken any of your discussions to the point of with regard to the relocation funding assistance. We have talked about where they could go. We haven't talked about we can fund this. Maybe we do have to find the sites that will take them first and then go to it but we can't forget that aspect as to how we are going to fund it. with regard to the issue that Towncrest Mobile Home Park is losing money. I can't confirm or deny that. There are 96 spaces at Towncrest Mobile Home Park. In the letter in your last council packets 66 units occupied those spaces. When you lose income basically there are two ways in which they can make it up. Lot rent increases which they put into place. The other way is to re-fill what they have lost. Take in new units. If they fill back up to 96 units at $175 month, those 30 additional units would bring in $5,250 a month. I think that would make that a profitable venture again. In addition, it was first learned from discussions with city staff and it was concurred the very next day in a discussion with Towncrest manager that the purchase agreement with Eagles establishes an occupancy rate at the date that that purchase agreement was entered into. That agreement calls for a rent reimbursement for any loss rent income due to people moving out. So from that date that that agreement was entered they are really not losing. They don't get it until either the project dies or it goes through. Then they get the lump sum. I would like to read a Press citizen article from August 21, 19B1 when the city council then was taking a look at a new mobile home park ordinance. Doug Boothroy, senior Planner for the city, said that when the proposed ordinance was first tackled last February one of the city'S primary concerns was to insure the parks remained residential areas. That is to prevent the possibility of a park being sold and converted to commercial FOllB94 .\ i I I I I I ... ! Ii Ii , Ii 'I I, !I I: ", II, 1\ 1\ fo 1: '1 , 'I I I .I I,' '! i " " .,,..... 'lII/If"". - - ~~-; ~.... '-e. -'.. ---------~ ~ ..' , ,,' ~ r - -,' , , t I h PI Ij , . , , ' , , ' . '. .' '.", .. '. - J.. .,' .., . '. . _. . " ~, .. l . . . _. _ / '~r,- .' / :~ '1 #4.f page 3 use. Word for word. I letter from Properties asked for a delay to April 12. I would like to from the October 18 and 27 P/Z meetings Phil Leff says the developer is faced with serious time constraints. On October 27 he said the most important aspect for this application is time which is running out for this proposal. Okay. From the very first p. h. of P/Z, September 16, basically to today has been about 120 days. What I would like to know and I would like to have them provide more specifics. Now I would like to hear their proposal. I would like to get more ideas before I say let's not extend it. I want to hear what they have and what they hope to accomplish in the next 90 days that they haven't tried to do in the last 120. We do have the developer here. I would like to have him address that. I would like to know what they do hope to accomplish. Regardless of the extension, whether we go through, we do need to still continue. We need to address other issues, unit owner assets, financial relocations assistance, physical and emotional support assistance and to make sure the statues in live remains unchanged. We still have to find answers to those questions. We haven't tackled those yet. I would like to take this opportunity to thank the Eagles Towncrest Rezoning for providing you with the opportunity for the educational experience in which I have gained. It has really been a learning experience. This is the first time I have ever gotten involved in anything civic. In addition I would like to take this time to encourage the people of the city of Iowa city to come to these p.h.s, to come to the city council meetings, to speak, to give their opinions because I know from the process that it is a fair council. It is fair commissions. You people want to hear what they are thinking. If they don't share it with you you have no idea how they feel even if it is in writing. So I would like to encourage everybody in the community to speak their mind and let them know what they have to say. If they don't want to get up here and have their knees shake like mine are at least write a letter and make their voice heard. ~ i : ! I, , II ! II , 'I !I '1' I. I:, I' . I: !; ,I Ii' Iii I:, " ;'1 j', \1 I i 'I I i 'I I, r .1 'I I, 1 Horow/ Thank you Mr. Murphy. Nov/ Excellent comments. Horow/ Is there anyone else who would like to address council on this sUbject. Kubby/ Before we have discussion I would really like to hear from the developer to have them answer Ed's question. I would like to hear the answer before we have discussion about more specifically what are they planning to do the next 90 days that they have been working on or in addition to what they F011894 :i l..', ,." ,-.., "---,-.. '--- :'" , , , ""'; ',-,."",'.";''''~''''. I ' , , :"':," 1-:-' : , . ' - l.' '" " " ~ " ' ,', L, I, I~ -, . TIt. "'.': . . . :", ,,2.' " ,~ "-, , / , '1 ;, ... - ~-..... #4.f page 4 have been working on the last 120 days. Pigott/ I agree. Rockne Brosman/ oakridge Properties. I have been working with Eagle for quite some time to put this project together. I don't have any specific information to share with you at this time. I don't have a specific plan of attack on how I am going to resolve this. But I want to convey to you our sincere dedication in resolving the issues that the city faces, the residents face, and will have overcome a lot of obstacles and hurdles with this project thus far and we want to make sure that every avenue has been adequately explored. In the two weeks since the last meeting we haven't had the opportunity to come up with a definitive plan but we think that there are solutions. We are just asking for more time to explore. Horow/ Thank you. Council. Council has the option of closing this meeting, closing the p.h., continuing the hearing to a specific time, April 12 as the applicant has requested. What is your pleasure. Lehman/I would move that we continue the hearing till 12th as requested. Baker/ I second that. Horow/ Do you wish to take a vote on this. Kubby/ I would like to speak against the motion and encourage people to close the p.h. tonight. I think that there has been lots of time to explore the possibilities and I guess I can't even get past the land use question to get to relocation questions in my own mind. If there are options out there for more trailer park zoning in our community that we need to pursue that and I would say even to pursue that aggressively. But it doesn't mean that I am interested in rezoning this particular piece of property from residential to Commercial. I think we should explore the possibilities but I am not interested in rezoning because I think that it is back pedaling. Why should we back pedal 96 units when we are trying so hard going six units at a time here and ten units here and 25 here. Why back pedal. Baker/ What do you mean back pedal. Kubby/ If we rezone this we lose 96 units of affordable housing whether of not these particular residents continue to live there or not because trailer park housing is, in general, FOllB94 .--....- .-.. I , ,: I I , Ii 'I 'I Ii Ir " i! 1\ 1 r. ,: Ii II ,: h " i .1; , I V I Ii! )l, ,,'I , " I j' :j. I" ,I:' :i 1_" n "h,ti, I]" ,"''','''',,' ;" : -~.- / '. '" , '.-- #4.f page 5 cheaper or equivalent to other kinds. So I see this, if we rezone, to be back pedaling. So I am not interested in taking the time to explore those issues in terms of this particular application. Baker/ Because I think the concern of the overwhelming majority of council was the same concern which was we didn't want to lose these locations because we had nothing to replace them with. That, in my mind, didn't rule out considering every possible option. It is interesting to me that very often my business experience tells me that very often when you have a proposal and you think you can work it through and you reach a dead end and you were told that is not going to fly. Sometimes you can become creative when you weren't creative before. This may be one of those times. I attend to agree with Mr. Leff that closing the hearing and voting no tonight is not going to relieve the anxiety of those residents. That indeed it may be that Eagles and Towncrest and the residents with the city can come up with something knowing that this proposal -you're right, is not going to fly. I don't think it is going to pass. But in the future something possibly could be done and I don't want to preclude that right now. Kubby/ I guess I want to make a distinction from something you said is that I don't agree that I could buy into this proposal if there was relocation and that is what I mean by back pedaling. That even is we expand by 96 units and decrease by 96 units we come up flush. I am talking about wanting to move forward. That we should build those or zone those 96 units and more. Baker/ I guess the question I ask you at the last meeting which was in your mind that is the only use of that property that you are ever going to see appropriate there. Kubby/ No and that is not what I am being asked. I am being asked do you want to remove manufactured housing and replace it with CC-2 and my answer is no. I want to keep that particular piece of land that kind of residential use. Any decision. We have revisited many decisions in the past couple of months. So I could never-I would not want to make that kind of declarative statement. But I am saying I am not interested in changing the zone from manufactured housing to ,CC-2 at this time. Baker/ You don't rule out the possibility from changing that from manufactured housing to something else in the future. Maybe not CC-2. KUbby/ I think we need housing in that area of town. And affordable. And I don't want to back pedal on the F011894 i .-'; " ' i,: ----.. -. ~ I' i L i I ! . I ;1 i: , , i' H! i Iii I I II il. I ,I , 11' !i r " , Ii " ,; , ~. JI I: I' r \1 " , '! :i j I I , , ;\ ~"11 --- r__". _ -'~ ---.oIIi,\\ I I I I I I 1.".,-",,,;,,,. , \:-1 ----..... ~ ~-' ....... -- - --- '~. ... --- I ,~ -:- ,"I. '.t9:,' :~l . ,':" ",:' " -" . ..... , v , .: I ,~ ! ,~ / ; :,' \, , ,I. '--'-- 14.f page 6 affordabi1ity aspect. I am not interested in changing the zone. Baker/ I guess I tend to think that eventually that may not be affordable even at that location for that type of housing. That is why I am anxious to see. I don't want to rule out anything that Eagles and Towncrest can come up with because it may be an attractive option for those people now. I think the options in front of them now aren't attractive. But perhaps something can be done that would make it attractive. So I don't want to rule it out. Nov/ There is also a possibility that if this is explored you will need up with space for 296 units rather than just replacing those 96. We just don't know. Baker/ I hope that Eagles doesn't sort of operate, I am sure they are not, but operate independently with their ideas. That the staff has got to be involved and come back to us and maybe this will accelerate our planning process for what we want to do in conjunction with what they want to do. Horow/ There is a motion on the table to continue this until April 12 and I think a lot of the discussion is certainly germane once we actually close the p.h. and discuss it whether or not we are going to vote it up or down. I would like to ask for council's feeling on the motion on the floor. Is there any other germane discussion on this. Baker/ On just the extension of the p.h.. Horow/ Just the extension of the p.h. Okay. Pigott/ There are two things that worry me about continuing the p.h. One is the stress on the homeowners already and that I think should not underestimated. I am not sure that ending the p.h will solve that problem. The second is delaying the decision based on promise to work to see if we can get something done. It appears a bit vague to me as to what measures will be taken in this regard. I don't mean to doubt the sincerity of Oakridge Property people or anyone involved. I do want to express some hesitation about that, however, based on the amount of time it has been dragged out. But my overriding thing is I really would like to see a solution explored on this and for that reason I think I would be ih favor of continuing this. Throg/ I think I would like to make a comment too. I want to say that I admire Eagles VOluntary efforts to help us find a solution to this particular problem and my only concern is F01l894 , , , i , I i: II I II: '! Ii ii II I" " ". Ii', ! \ , t- , ~" I. Iii I: I'! I,; 'I I P , I I !I I, ,Ii i '..---....'......,. .... , iJ "'/ i I , / , I '(-,: :, ""'1'. ...... - --.:1-----....-::, -~--- ~ -........ --- --- ~ , ' , , .,' . , !" f-/ I~ L'I '1:J ' ' "',. " , . I, v" , ; -- . ~ .. /~ _. , . . . / , ;/\ " 1 '1. ' '-, ..: '....>:.:-: . -~ -'----..... --, #4.f page 7 that I am confident that Eagles does not intend and so I am going to dismiss my worry. But the worry is that in affect that it is an effort to buy time to subtly apply pressure on the residents of the mobile court to move. That is a worry I have but I do not believe that Eagles is remotely intending to do that. So I will support the idea of continuing the p.h. as well. Horow/ All right, let's- All those in favor signify by saying aye (Ayes). Those oppose (Kubby-aye). We will continue this to April 12 by vote of 6-1/ Kubby voting no. KUbby/ So we talked at our informal meeting about whether or not we wanted to vote on the zoning change on that same night or to have some time to hear what was said and then have some time to think about it. I think it we can- Horow/ Would you like to make a motion. Kubby/ Well, I think I want to vote on this. Horow/ Let me repeat what this is and then we will take that up. I I ! i F01l894 1:,1,,; jl.,,~ ""_._T.___..~'."~.",,,,,, "". .,,_', . " ---..-. ,.-- L , , , I, I I. , ' I: I f I, Ii i I I' , I i' , j: " ! I , , ~ ' i" " II .1 I Ii I 'I . - iI, II .. Ii 11' " 1\ ! t 'i '~ 1\ \,' :i Ij' I: ,I , \ I! I ",/ i: , I I, ;- , i " ' :_.J )\ 'f I , \, " ....... ~~ ----..-, ----- ~ ..~I........ ---- -- ( "t-:-/' 'I': , t71', , /-:-t', """., ' . l:...i'" l;.. , ;' '~. I ~I ' ,~, \ '... ' . :,' . I / !,-\ " 1, '~. ~_."---- -. #4.g page 1 Horow/ (#4g.) This was to be the first consideration. At council's informal discussion we considered whether or not if the meeting was continued to April 12 that we vote that evening or we vote in the following meeting which was April 26. Now discussion. Karen would you like to. Kubby/ Well, I guess I would like to defer this to April 12 and if we hear information at a p.h. that we need to ponder that we can defer it for two weeks later. i . i I 1\ , , I , I I, I I i I. I- ! , I i II II . il: " ii I: ; " , , \l II: " .1 I" Ii fi I " i , " I ',i' I 'I I II , ' H , ! ' 'I i Horow/ Are you making a motion. Kubby/ No. I guess I want to talk about it before I make a motion. Horow/ Would anybody like or make a motion that we defer the considering the ordinance on April 12. Nov/I will move that we defer item g. to April 12. Horow/ Okay, ~s there a second. Baker. Horow/ Nov and Baker. Now, discussion. Kubby/ I said it. I repeat myself. Baker/ I would just like to say that I hope we have information before April 12. Pigott/ I do too. Baker/ That is what I want. So we don't continue the p.h., open it up on the 12th , then vote that night. I think Eagle and Towncrest would be well served by beating that deadline. pigott/ I agree. Horow/ Let's just go with April 12 and see where we are when we get there. Kubby/ Can we get monthly updates on progress on this project. I would appreciate that. Horow/ Okay. Throq/ From staff I suppose. Kubby/ From the group of people. I want to know who this group of people is who is doing this vague exploration. F011894 ,,'< [I " I' ..-,'..., ,.-' ..""~...._,.--..",--....,;,.;,.",.. ! .' I , , , 1, 1.1 ;i , ' /, I' ,\ 'i /, I' . ~f , ' , , ",..I", '!, i\;l " " ...... ',- ~""~--;--~~""" " "t',:[ ':-/ . t-I'.' "/,-1 '"",,; ',. ' ;.,,' ,', ~' .,. : ., . V ., t " ., . , ,,' -,., -, ,1 " -. / I / i"1 ;...{, ''......':>-.'--- ---...::~~ , - " , #4.g page 2 Novl Monica is making note of that. Horowl All those in favor signify by saying aye for this to be April 12. (ayes). Okay. FOllB94 ...;,'~\ ,"..,,~..:\......,,_r~__.' _' ....._~ "......; ....", "". , , ""'~'''''' l.." , . , :,",," ~ ': -,- ",". i'"''-''''''''.'.'''.''' " .l>.. --~. .-'.-. -'" Ii I, I, " j, " , i I I I , ! ; I. , , . , , " jl '. " Ii II , I' I I , I ,; I,' I,' 'I' l II ," I: I I H I' ,Ii , ~',' , II i 'F l ....r., i, '("', 1'.- if' jl,;' .-, "" ,," 'I','" I ! I, ~~".. _ --......~ ..........l.---. - -- - -- .....~--.------ .-~ -~ _I' _~I_... ... -..,~... ~ _ ~ .. _.. ~c-.---.-___--____ \ ; - '<,' ~~/'" ':.1-' t-,", ,;, I . ,"":,,, ',. ,,":, ; I r~" .....:..', 'I,'t "'.,' :., / '1 ,L , Agenda Iowa City City Council Regular Council Meeting January 18, 1 994 Page 8 'i~-3/'oS ~'1- 3/o0/' """,'",.- ., ". \" '",' ., h. Consider an ordinance amending the Zoning Ordinanca to redefine "family care facility/family home" by including "community supervised apartment living arrangement," (Second consideration I Comment: At its November 18, 1993, meeting, by a vote of 4.0, the Planning and Zoning Commission recommended approval of a proposed amendment to allow unlicensed, but state. regulated, supervised housing for persons with disabilities in all residential zones. The Commission's recommendation is consistent with that of the staff, included in a memorandum dated November 12, 1993. No comments were received at tha January 4, 1994, public hearing on this item. In a letter dated November 23, 1993, William Gorman, Executive Director of Systems Unlimited, Inc., requests expedited consideration of this ordinance. Action: .j(p~1 r~ IV d~) tJa-tL1I #~ ~ ~ /1~ t.}a.a fI ~ 1/0 i. Consider an ordinance amending Zoning Ordinance Section 36-58, Off- Street Parking Requirements for Multi-Family Dwellings. (Second consideration) Comment: At its November 4, 1993, meeting, by a vote of 6-0, the Planning and Zoning Commission recommended approval of an ordinance amending the Zoning Ordinance requirements pertaining to 1) the number of off-street parking spaces required for multi-family uses; 2) the screening requirements when parking spaces are located on the ground floor of or under a building: aRa 3) th~quirement.tbat-access- "tOimfividoahnulti.family-dwelllng-unitiHlhall-be-from-enclosed-lobbies-. or-corrider~eept-for-townhell8Wtyle..lJRit6. The Commission's recommendation Is generally consistent with the staff recommendation contained in staff memoranda dated October 15 and November 4,1993. Comments were received at the Council's December 7, 1993, public hearing on this item. Per the Council's direc'tion, Section 3) has been removed from the ordinance to allow the Planning and Zoning Commis- sion to develop design criteria for exterior stairwells. "'0.~~J!ll1) / /;J.LJII4JJ" ~ ~ ~ /~ lUJ. ('_j 1lt:1().N { lea- ~ 11.w Action: ~~-; ~ oa.o:H Pr% -~- ,t102 t/; ~IM<., 1I/l~'1 ....' . " ';'1 ,. I" " \'1 ~".. ...... ________"W""'I-----...-, --,,--- ~ - __ ---- ~ -., -. " ........ '. , ..1 " !::n.. n n'i:~. :,",...': . -~ '. .-. . - " ' / /~ '\ /' ] '-" \' . "':' .~.- ---. -.' -.-.----- #4.i page 1 Horow/ (#41.) Nov/ I move second consideration of this ordinance. Horow/ Is there a second. Lehman/ Second. Baker/ Is there any interest in collapsing the readings on this. I just have a suggestion for the pUblic that they drive down Bowery street and look at the new apartment at 422 Bowery. We won't name names here. That looks like a fairly simple building. It is a four plex. It is four apartment units with five bedrooms in each unit and they are required to have eight parking spaces. So you have 20 bedrooms and eight parking spaces. I thought we should just sped this process up. Karr/ We have a motion on the floor. Horow/ There is a motion on the floor. Would the seconder like to repeal and the first. Lehman/ Okay. Horow/ Then we repeal. Larry. Moved by Baker, seconded by Nov (that ordinance be voted on for final passage). Any discussion. Kubby/ What is the specific reason for cOllapsing. So another building can't go up in two weeks. Baker/ I would like to make sure things don't slip through the crack on this particular ordinance. Because you can get a building plan approved and not start construction for six months. Kubby/ Monica, is there anything in the works that this ordinance would apply to that you know about. Mone/ There is a project potentially or has been before the city but I believe that until this ordinance is adopted that there is a moratorium on issuance of any building permits. Baker/ Really. Gentry/ We have a disagreement. Horow/ What is your legal position. CHANGE TAPE TO REEL 94-17 SIDE 2 F01l894 (;,"1/'.,,--' ."...__..___._r_.._ ,_A.b.::1 1 ""- I ! , I I i ! i " i Ii :1 I, " !I I i, j, i ,I, i , " [, " " I ,~ , ' i j: f: " Ii': , ' , Ii i' "I I ',I, " j" : ,~ ii , , , ;.' J.1. ','I J' " ,! " , , I',: .......,.. ,..... ...... ..,------... ~~-...- ~ - - 'll:.,...... -.-~ ...- - -- . '" .' ' . ' ' I, ,rl:", ,;/ ' t-I ,,~d : ,,,," -:"': ~ _I' ,'. .......,:..' .,....~.,. /.", / j~~1 '-_ .'r' -- ..--'-. ~....._---~ #4.i page 2 Gentry/ Not narrative changes. And this is a textual change. Horow/ Give me a for instance. Gentry/ If the property were being rezoned from R5-whatever residential to CC-2. For example the RFBH to CC-2. That is a rezoning classification change. And that is explicitly what one paragraph of the zoning ordinance talks about. Kubby/ 50 if it were not a zoning change and someone wanted to come in to get a site plan review permit and building permits, there is no stopping that until this is passed. Gentry/ We need to fix the ordinance if that is what we want to do. Baker/ Until this is passed, somebody could walk in like 24 hours before the third consideration and plop down a plan that has five bedrooms and- /' Gentry/If they pushed it. Horow/ There is a motion on the floor. Any further discussion. Roll call- (yeses, Lehman-no.) This ordinance has been collapsed to the third hearing on a vote of 6-1 with Lehman dissention. Baker/ Ernie agrees with Karen philosophically. Horow/ Yeah Moved by pigott, seconded by Baker. Any discussion. Roll call- The ordinance passes. Kubby/ I do have one clarification on the note. It says that we are asking P/Z to develop criteria for exterior stairways. I thought we were aSking them to make the decision whether we should allow them or disallow them. If we allow them to then bring guidelines to us. This is slightly different. What do other people remember we asked them to do. Pigott/ That is what I remember had been said as well but I may have been mistaken. Throg/ That is what I remember. KUbby/ What I said or what is written. NoV/ That is what I remember also. Baker/ My impression is that the ordinance as proposed originally F01l894 "- ----Llal ,. ii , I I; i;! I. Iii Ii I'i - I, ,I Ii 'F ~ : ( :1 - , 'II , 'I Ii .j;" Ii ). I, i ~ I j I I ,j I, d .hI '":-",.. """If""" - ~"""11'1----...-~ -~--- "-a. "-..',,........ ------ ""j' ',,. , I r ";" ~i , j' " , , , , (-,) ,') , , , . , . ,. , . '., f"l, , ,.1-" fT 'Ij: ",,", . , : ; '_."': _.' 'I - ~., \., > .I I '\ ;'/1 , ~, '>::-.:~~:.:._---- ~, "- #4.i page 3 would have prohibited walkways on any side of the building which I thought was too restrictive. The front and the sides I didn't have any problems with but at the rear walkways to me didn't seem to be a problem. That would require some sort of criteria even for those. NOV/ My objections is to having the wooden stairway as your only access. I really think this is not good fire regulations. Baker/ That would be part of the criteria. Nov/ Right. All of those kinds of things would be considered. Horow/ Karen, do you want to state that again or steve, is staff in agreement with- Kubby/ We asked them to revisit the whole issue. It may be that they come back to us saying we don't want exterior stairwells at all. It didn't seem like there was a thorough discussion looking at all of the issues and ramifications. Atkins/ That is what I understood. \ FOllB94 'l.!~ i ":,::..,,,"~ :...',..~.--~.-. ......,,~... "'.., " -~--_.. -- - . , " i: ;i i! " (, , , I l I I, I I " 'I i , ( 1 i " , i I ~ i j) ~ Ii, I I , ! i I I' ,( i! , iI- I' . ,I' i , I j I I a. I" II' " 'I) 1 ' r.; r, '" ',/'{ II ' 1 , : ':: '~l I ,I,'" i' 1 , '" il ;,: -,...- """'". , . , ~ ---"1 ~ 9\--- ~ ..-, ...,... -- ~. -..---~--- ...,~ ... ---..--....- ...------ -~~,..- ,---.- ------ ,..... 1- , ' .. , . f, ' 'CI" ;-/. n 'C..' ' ',' ': I, , ':. r~ ',~, . 't..J,. ~,i( . , , ,. : ' . ; / Agenda Iowa City City Council Regular Council Meeting January 18, 1994 Page 9 P/ j. Consider an ordinance amending the Zoning Ordinance by affirming the single-family character of the RNC-12, Neighborhood Conservation Residantial, zone and restricting the number of principal buildings permitted on a lot in the RNC-12 zone. (Second consideration) Comment: At its November 4, 1993, meeting, by a vote of 6-0, the Planning and Zoning Commission recommended approval of the proposed amendments to the zone. The Commission's recommendation is consistent with the staff recommendation contained in a memoran- dum dated October 27, 1993. No comments were received at the Council's December 7, 1993, public hearing on this item. Action: ~Uo .I --&jp/o) Jwf' (', ulr k. com"";, '~""t10" op,,,,,,. fu. '001 ,101 0' Wild """. ".::1. .% One, a 9.84 acre, 20 lot residential subdivision located north of Rohret Road and east of the Irving Weber Elementary School site. (SUB93- 0017) (60-day limitation period March 14, 1994) I. Comment: At its January 6, ,1994, meeting, by a vote of 5.0, the Planning and Zoning Commission recommended approval of tha final plat of Wild Prairie Estates, Part One, subject to staff approval of legal papers and construction documents prior to Council consideration. The Commission's recommendation is consistent with the staff recommen. dation included in the staff report dated January 6, 1994. It is anticipated that the legal papers and construction documents will have been approved by the January 18, 1994, Council meeting. Action: ~_/ /XdJ ~ ~!r . ILcr ~ ~~ n.f.{ ~ Consider a resolution approving the final plat of Wild Prairie Estates, Part Two, a 12.05 acre, 33 lot residential subdivision located north of Rohret Road and west of the Irving Weber Elementary School site. (SUB93- 0018) 160-day limitation period March 14, 19941 Comment: At its January 6, 1994, meeting, by a vote of 5.0, the Planning and Zoning Commission recommended approval of the final plat of Wild Prairie Estates, Part Two, subject to staff approval of legal papers and construction documents prior to Council consideration. The Commission's recommendation is consistent with the staff recommen- dation included in the staff report dated January 6, 1994. It is anticipated that the legal papars and construction documents will have been approved by the January 18, 1994, Council meeting. / Action: ~ . a I J!!I..J!iIdld1 L.. till ""'- ..... I , ~ II i I; I I' \, .I T {;; 1_1 , 1\ I Ii !:,I I: , " I , I :1 " '," J !.: i II I'; I r I, " II " I: ,I J .' I: : II I Ii I I I' , I J I I I I i \ i i I i I I , ,I ~ , , ' ! '," ' " , ; , cI, ,,':-:1 ,,1-1 /l..,: , ,'" "', ",: ' , ; . ,~~ ,.; -t., ~~, ' . I."," " r Agenda Iowa City City Council Regular Council Meeting January 18, 1994 Page 10 ITEM NO. 6 - PUBLIC DISCUSSION. deg} ikAJ :It\'! 1- . .J >j~~t I y)t ITEM NO.6- PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR CONSTRUCTION OF THE 1994 SANITARY AND STORM SEWER PROJECT. Comment: This project consists of reconstruction of ona storm sewer and reconstruction and/or enlargement of existing sewer pipes for four sanitary sewers. The project was bid twice in 1993 but was not awarded. The project is designed to aUevlate sanitary sewer backups at several sites throughout Iowa City. Total estimated cost of this combined project is $660,000. Action: Y\ 12 t1Yt.V af-fM.A o,,/l ITEM NO.7- q<l- /9 CONSIDER RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR CONSTRUCTION OF THE 1994 SANITARY AND STORM SEWER PROJECT , ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS AT 10:30 A.M. FEBRUARY B, 1994. Comment: See comment above. Action: ~-I- 1fl~ C))oo.) TfJ) ~ ITEM NO.8- PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR CONSTRUCTION OF THE WHISPERING MEADOWS WETLAND PARK PROJECT. Comment: This project consists of the development of a wetland park on 17 acres of existing degraded wetlands dedicated to the City as part of the Whispering Meadows subdivision. The project will include native prairie and \l!etlands restoration, and construction of walking trails, a slough, an observation deck, and a waterfowl island. The estimated construction cost is $143,000. To minimize cost, the boardwalk portion of the traU and some wetland plantings will not be included in this contract and will be completed at a later data at an additional cost of approxima,tely $38,000. Action: ' AO{J) ()~ ,-".., "..-..' -. '-..., ."'" " , "J ~ i . , " I I I, I Iii II , I , " 'I I " I, I " I I! ii' I i ~ ! Ii , I " 1\ i " , :' . I " , I i i,' , I I Ii , i 1 , I,! i! i , I ' , 'I , ' ~l ; 11 1 ;. , ' J' j ,I i " II I' I, " , ' ' ,t[,' , [0, ! , I 1 I I , - i i , I ,I ... -=-~"'tiifIIf"".. ----- '~'1",--""" ---.... ~ ..~I_......,. j i " , " (';."';',,,,-.,"',...... ~ ...... ~ -.------ -- r---"-~ ...-----.-- -,..".....' -- ....-----..-- \ , " " '-- .:. '. . , { - - - - , " , L'I,' ,I I" t, f : "t, " ' ',' ," ,: ' ; '...... . 1. '. _' '."l~'" . ",' ',' / //'\ . 1 , ' l' . . '--. ---.~---~,~ #5 page 1 Horow/ (#5) Public Discussion. This evening the discussion is for those items that are not on the agenda but also for discussion relating to items #19 and #20 related to the pesticide ordinance. I would ask you to state your name and also keep your comments to five minutes. If, after everyone has finished, you have something else that has not already been mentioned then we would certainly consider listening to you again. Open the p.h. or public discussion, excuse me. Nov/ Can we say if anyone wants to discuss something other than pesticide they can go first. Horow/ That would be a good idea. Nov/ I know there are lots of people who want just that one item. Horow/ Anyone here from the senior Center commission. NoV/ Those are the kinds of people we want to get finished. Tim Wo1f/ Madam Mayor and city council members, my name is Tim Wolf. I am the owner and operator of Iowa city Clean Up and Transfer. It is a trash removal company in Iowa city. I got a little letter here I would like to give each of you. (Reads letter) Horow/ Mr. Wolfe, have you talked with Mr. Pelkey about- Wo1fe/ We talked to everybody with the city. That is why I am here. I haven't got any farther. I just feel that this is an unfair deposit. I understand why the city is doing it because our landfill bills are getting to around $100,000 a month. I can see where the city would be afraid to losing that. But I think that if you own a landfill that you are in the business. The thing is what they said they would do for us now is take to a weekly withdrawal from our checking account to pay the landfill fee. That gives us a week to collect money which we won't collect for 30 days. See what I am saying and another thing that makes me mad is I pay my landfill bill when it is due and now they are going to put on top of me-my landfill bill usually runs about $35,000 a month. Come the first of February I am going to owe $35,000 plus I am going to have to pay my current which is unfair for me. Gentry/ You get 12 months to repay. Wo1fe/ 12 months so that means I have to com~ up with $3,000 or 4,000 a month to pay a bill that I pay monthly. It puts me at an unfair advantage again. It gives me 12 months. , , I , , , i I , I: I, I Iii Ii I' " " l), II I! 'I. il I:; , ~ 1'1 I~ " Ii- " 'I '! " ii ( .l " , { " I , , I: F011894 '; , /", ,''J , , , ii ..,......... "fIf'"". - \i '.'i ---..,.;'1 ---..., -....-- ~ ..~' ......" ~ ,...~ .........-------~f' - - - If"" -~. ',' ' "L-I ':"'/-"" "t'-I" t:r' ,'. ',,:,,' ,'.',,: '" '::" .t~_, ",' . '_, '~, ."',', ' / , '" I, " , ,-'" #5 page 2 Horow/ Mr. Wolfe, I am sure as you can understand, we would not have the answers here but certainly will have staff get back to us about the answer. Wolfe/ Right. All I want the city to do is kind of put a hold on this. Every time they come up with something new it seems like we get less than a 30 day notice and it just puts an unfair advantage to us. Kubby/ If we put a hold on this for this business it seems only fair to put a hold on the system for every business in this predicament until we have had a chance to look at it. Atkins/ That certainly is your prerogative. I want you to understand that our intent here is to protect the city's long term financial interests. That we have rather large exposure and we have had experience of walk aways where people have not paid us. We are talking- Wolfe/I think that what I am trying to get across here is one thing that is going to happen and I have seen it happen all my life. There use to be a million gas stations. Now there is only the big guys. There use to be a million grocery stores and now there is only the big guys. You are driving the little guy out of business. I have busted my butt for 18 years doing this and I can't come up with it. What am I going to do. Kubby/ The other thing we might want to be looking at too is when we make decisions to change the process how long do we give our customers to chance to accommodate our new change of pOlicy. So we mayor maybe not decide to do anything about the deposit. But at a minimum we should also be talking about- Horow/ I would like to ask staff for a memo in terms of how we have come up with this- Gentry/ We need a report to you. Horow/ Report in terms of how we have come up with this decision to do this. Wolfe/ To give an example, all of the years that I have been in business I have gotten two notices from the city when the landfill fees are going up. Two notices in 18 years. I read it in the newspaper. Horow/ Thank you for bringing this up. Wolfe/ It is just making it unfair for the small guys. A lot of national companies out there. They will just draw the money F011894 ,i,'.' -".." -~ ..........-',..-,.....----".---........- \ . , i I , i " I I I , I I , I I, .. , ' f! i! I " ~ I, I Iii II " I ~ Ii, ,I il' " Ii II " I"~ I i': I , Ii " I:: 'I I 'II 1 , I r II , , :1 '{ I ! , '..: ,! ""If'"r I I ! tIP"" ~ i,Il"...'''...- "1-----" -;--------wl\--- . , , ... . , . ' .i ' I ' _ \- , . ~ ., 'n ' :;/U.',~~.:,..' ,"', ,! ",' .' ; I _-. " / i~\ /.- 1 J, "'i' - ---- ---,. #5 page 3 out of their checking account of do what you want. And another thing that I think could happen in the long run is the haulers from Iowa City, the larger haulers using a different landfill and I am also concerned that the city might lose up to $2-3 million in income because they are putting such demands. I mean we pay $58 a ton out here. We can go to Illinois which is an hour and half drive for $400 a load less. Atkins/ I would like to point out to council that we would be delighted- Horow/ We would be happy if you didn't use the landfill. That would be great. Wolfe/ I understand what you are saying but still you have to have the money coming in. And we do serve businesses and homes in Iowa city. Horow/ I appreciate your bringing this to our attention but I think really it would be inappropriate for us to comment right now until we did have a report. Wolfe/ Right. That is all I ask. Thank you. Horow/ Thank you. Nov/ steve, I have a spectacle question. Can we delay his payment for 30 days until you make a report. Atkins/ We are going to spread it over a 12 month period. Nov/ Is that what you are trying to say here. Gentry/ That was the proposal. And I have drafted a c~ntract. Wolfe/ still, you know, I pay my landfill bill every 30 days and I am not behind on it. (Can't hear) Gentry/ There is a misunderstanding. Atkins/We will send a memo explaining. I just want you to understand that you are here to protect our long term financial interest. That is our intent. Horow/ Is there anyone else that would like to speak under public discussion before we get into pesticide discussion. F01l894 --.""'" ---.-....- " I, , , Ii I, , ! !;r !i II !I II ,I (i 'it II ' il Ll Iii .\; II I . .. i 'I' !' j ! ,/ , ii ,l I II :1, ! / " I , , " :i , i i " :~ \.J " "1('''. - ~--"'1-----... - ~--- ~ .;'...... --.~ ---~--.-- , , ',' - "-I' " '-t.'" " ': ' , ..", t I ' I '" . " , , . ~ ,.f,. ' ; -..', ' ,,'. " - ' . ""', / ;' 1/\, " ,/, , ". .-:-:-~.. '-'-.-'- #5 page 4 Horow/(#19) Again I ask you to keep to five minutes. Make your cogent points in the beginning. If you have got something else to add to it you may certainly return after everyone has had a say. Mike Thavenet/ (See letter). Horow/ Thank you Mr. Thavenet. Nov/ I think we have to clarify that this proposal does not regulate. It gives all the regulations to the state. All it asks for is larger signs. Horow/ And a registry. pigott/ And a registry. Nov/ And a registry, right. Thavenet/ Like I said, the state started out simple, too. Nov/ But we cannot regulate anything else. prohibited us from regulating. Kubby/ That is not totally true. There are certain things we do and certain things we can't do. And who knows what will be. The state has Nov/ That is true. But as far as the state rules are concerned, any sign is acceptable. You don't have to put up two signs; one for the state and one for the city. Thavenet/ Thank you. Horow/ Thank you very much. Anyone else to address this issue. Ron Salisbury/I am president of the Iowa Pest Control Association and co.owner of Diam Pest Control. I really don't have a lot to say except thank you to Mayor Horow and council for giving us a opportunity to come at a late date to address you. What I would like to do is to take a couple of minutes to tick down through the ordinance that was faxed to me today by the city attorney and just share with you some of the concerns that those I represent have shared with me and kind of have been brought to the forefront in this up to date proposal. We're aware and we're in complete agreement that when ever pesticides are put out, it has to be done so that it's done safely and it does protect all citizens and safety and health and welfare. Our concern is that this proposal doesn't do that and in fact it does create some maybe situations that would be detrimental to the pUblic. The first item that I talk about is F01l894 ',I,," , .e"~~''''' ,_dlllI ---.-.. .._~ .,- I I i 1 I I I I , I , I " I Iii I I II 'i Ii II: ( " " ! Iii · I ,I I" " i;' I ' I' f'; , Ii I I' 1,1 , I " 1 I" i' : ,I ," ii I' " ! I , l' ~ t ' , , 1 ~ -' n" ':-/ ,1,'/ ';l', ,:" :' ,I,' .. ; , _. ,', ',,'~ I, ,. ',.'. :., ' / " " #5 page 5 that you cover commercial application and as commercial applicators that covers about 2l different certifications which simply means that's different classifications of people who apply pesticide as the state requires. It doesn't just cover lawncare or one other entity. To give you a quick example, 70 is community pest control. The question comes up on as a community pest control operator. A commercial operator if we do mosquito control which is applied to vegetation how do we post every yard. We have no idea and what signs do we use to post it under this ordinance. General pest control. When we do an outside application the state requires us even if it's a spot application that we have to post it. How do we do this in Iowa city. Which sign do we use and where do we put it. Ornamental and turf. Animal pest control. Animal pest control from time to time sprays repellents for rabbits, deer, and other wood or shrub destroying animals. Has this been taken into consideration and how do they operate in this. They all have an interest in this and they all want to comply but compliance seems to be very difficult in taking this into consideration. Public applicators are much like commercial applicators. They do the same things but they're not considered in this. Private applicators also apply pesticides and they're not considered in this as the state notes private applicators. Item O. You refer to farms as being ten acres and over. Those people in the city who have tree farms. Horow/ Excuse me Mr. Salisbury. We have excluded farms under the. Salisbury/ Absolutely. But the definition of a farm ten acres or more. > , ; i j , , , I ~ I , , I, I I; i I, i Iii , ! i :1 ! I' " I " , , ,': " , II II I Horow/ Yeah. Salisbury/ So anything less than ten acres would be in this. Many of your greenhouses will have small tree nurseries or will have small plots that will fall in the less than ten acres. Those certifications would come under lA, 1B, 1C, 1D, and they have to be taken into consideration in this posting and what this means. Pesticides under item 6 which reads pesticides include substances intended for preventing, destroying, or repelling insects, nematodes, fungi, weeds, and other life. What's other life. Let's move on down to the just under section 3479 notification of sign requirements. It reads under item a, prior to the commercial application of pesticides on a customers property commercial applicators shall place notification signs on each customers property. Said signs shall be of material that is rain resistant for at least 24 hours. There shall be a minimum size of 8 1/2 by 11 inches and have a bold black lettering and bright yellow background. That sounds good on the surface but in the state regulations there F011894 I Il I!: ,\ i; I: I , , " i " I I r II I , ;i '.... "'IIf'"JP. '.1, I i , "'} < , ' \' ,', ---- - ~ , " "l-----""--; -~.... ~ -'.. - .... .... I , ). ' . , . , I . -' _ . -'I ," ' b I ,/ ' I / l' ",-I ' '. . '; ",....,.:..-. ,...:., ~,' , '. " ~~' , " ,. '. ,!..., / ~ >" )" ...::.-- #5 page 6 are strict requirements on how far off the ground the sign must be placed, where it's to be placed. The size of the sign could be bigger than 8 1/2 by 11 inches in your ordinance. The state requires that the sign be at least 18 inches if it's posted on a lawn above the trim line. You've addressed none of these issues. An 8 1/2 by 11 inch sign for a right of way 6c is 8 1/2 by 11 inches. And that's for bare ground sterilization and has to be three feet above the weed level or the ground level. Horow/ Excuse me, Miss Gentry, but I'm assuming that the state ordinance is the basis for what we have. Gentry/ Yes. It appears to me that in terms of word processing and reading my writing that the word the other forms of plant or animal life which is right out of the state code that dropped. But that definition is straight out of chapter 206. Salisbury/ Okay, I'm not clear on what you're saying. Are you answering my question on what is other life. Gentry/ Yes. It's supposed to say exactly what state code says which is other forms of plant or animal life. Kubby/ Which still is vague, but at least it's consistent. Salisbury/ Okay that's fine. Gentry/ My apologies for that phrase getting dropped out. Salisbury/ Okay. Then it does not refer to reptiles. Gentry/ No. Salisbury/ Okay. Gentry/ It mirrors state law. Salisbury/ The signs, back to the sign issue. There's a real concern on our part around this issue that you have exempted public applicators which will take care of government buildings, schools, parks, greenbelts, those types of areas from your posting. If I'm a commercial applicator, I'm contracted by a city entity, say a school, and I have to post which sign do I use? And if I use the state approved sign which is recognized throughout the state at a school, across the street there'll be another type of sign that is used by another type of an applicator. A different color and a different size. So how do these children get to know the difference between this sign and that sign. And then if the F01l894 ," ~- ',- I I, i ! i , I I I I I I I I I, I I , \ II , il 'i' I)' 11 i'(' I, !; i I I '{ I I, i 'I L J .',11., '\, , , I,: ;i . . 'I, , 'I\..! " I I I I ,',,.:,'.';.... ,,,,,-.. ~ I', ':'(""11" ,"~-I ',:'11: ,'::t.: ",'., " ;' ." t..:~' ,_ .,.~: L_. (I ,....' L : / , f-:' \1 {, -'-- #5 page 7 private sector's brought into this and allowed to use any other type of sign within a small radius around young people you can be setting a booby trap of three or four signs they have to come to learn to recognize. The children from Coralville or Cedar Rapids come here, how will they know what these signs are. And as an applicator I am put at higher risk than I would if you just used the state sign which is recognized by everyone. It really becomes kind of a Catch 22. I would hate to think in Iowa City that you would allow three or four different locations and sizes for one way street signs because I go down your one way streets the wrong way and they're well posted. And I know that they look like all the other street signs in the cities around town. Maybe I'm the only one that does that but I do have a problem with that occasionally. I'm going as quickly as I can and try and make these points. Chapter 206.5 item 6 and I'm on item d. private applicator you say means any person or entity who applies or causes broadcast application of pesticide to outdoor property where spraying, misting, fogging, dusting, dragging, or spreading other means. The state says a private applicator is farm hand who applies restricted use pesticides, not a private citizen. And that is outlined distinctly in Chapter 206.5 item 6. Horow/ Mr. salisbury, I'm sorry your five minutes are up. If you'd close we'd appreciate that. salisbury/ Could I just close quickly. Horow/ Okay. Salisbury/ I guess to get to the bottom and to bring it to a close is that with the public sector not able to participate in this, with pUblic applicators not able to participate in this, private applicators not able to participate in this, that leaves only a few commercial applicators which probably apply a very, very small per cent of the actual pesticides in Iowa city. And yet you're spending a lot of money for enforcement. I think you need to take a look is this really worth it. I just would trust that you consider these items. They are concerns. They will have to addressed at some point in time. I thank you for the time and urge you to vote no on this or at least table it for awhile. Horow/ Thank you for your perspective, sir. Gentry/ Can I clarify points. Horow/ Yes. F01l894 '-",.,,, J!\ --....-- , . , i , ' i I i , I , ' , I i " I, I, II! I , I ,i I , i 'I if, I, I! 'I r , :' I! -~ I i;! !I I. f'; , II 1,1 "I I .I " , , , : I' i 1 : .' \! I " 'i I " . " " ""1('''. - - "l----...~. --~...... ~ , ' , ,I ,.. . '. . , . n .' ::-/ ,; 1 .' ,I.....f:' , ',; ",' ; _..' " ,. ~t:t ' " .. .. .. / " ) , j' #5 page 8 Gentry/ If I may. The signs to be used would be the same sign as you use now only they would be larger. You would only need one sign. Larger, a different color. The locations will all be the same as the state requirements in the rules as you and I talked about earlier today. The nursery would only kick in if they were hiring you as a commercial applicator. Whether it's one acre or six hundred feet or whatever. Sa1isbury/ If we- Gentry/ But they're doing it to themselves, to their own property, they're not commercial applicators because it's, the definition of commercial applicator is application to outdoor property of another meaning other than one's own home. Sa1isbury/ That is not the definition of a commercial applicator. The definition of a commercial applicator is someone who applies pesticide for pay, whether it be on the interior or exterior. And under category 7a, if we apply even a small amount of pesticide outside of the six foot rule, we have to post it. That's a requirement of the law. Gentry/ I'm trying to explain what this ordinance does. Sa1isbury/ But we're not governed, I mean we are governed by this ordinance and we're governed by the state ordinance. If I don't post that then I am in trouble. Gentry/ But I just explained that the nursery person if they were putting pesticides on own their own property not be governed by this because they're not putting it on the property of another person. Sa1isbury/ No. You've exempted the private applicator. Gentry/ And the nurseryman. Sa1isbury/ Wel that just falls under another category and it could be under private. If he's doing it for pay, he would have to post under the ordinance. Sure that's the way the state law reads but what I'm saying is if I'm contracted by a pUblic facility such as a school. Gentry/ You are covered under this ordinance, sa1isbury/ How am I covered if the state says I have to post. I would not have to post. Gentry/ It's property of another so you would still be a defined commercial applicator with one exemption and that's the FOllB94 .'...dIll to..Ll::.. --,._~. , I , , : i ! " ,. Iii I I !I " " II I.. , II, :i I: i: !i , !J 'i I': ii ii, I.' I ') I' I ,I , I "'I, I I II \,.1 I I , ' ii , J I " ! , , \:! ..",.~ .~--.;, ~-, ------ ~ ..-'........-- ~ --- ~....----..-.--- . " ." , " '. 'I " '.' , L-I' ,,-/, , I I ,,1,-', ' ,,':' " , ," ". . , " I ".' ; _.' ,., , - ~-, . ' / / /~ ;~/ " I, ., , #5 page 9 University of Iowa with it's sovereign immunity. Salisbury/ But the states says that when I make that, even at that location, I have the- I don't think you can supersede the state and say that their law does not stand true in IC. You can add to it, but you can't dilute it. Gentry/ That's right. The only thing you would do it differently is add add a larger sign. It would be the same location. It would be the same posting. The sign would be larger. Salisbury/ So all signs that are posted in Iowa city would be an Iowa City sign. Gentry/ Correct. Salisbury/ Even on properties that are exempt from posting. Sure. You said you didn't have to post public properties because public applicators, those who treat those do not need to follow this ordinance. Gentry/ As I explained to you earlier we track the same notification requirements as are in the state law regarding commercial applicators. The only difference is the sign is larger. Salisbury/ Are you going to limit the size of the sign to 8 1/2 by 11 so that there aren't different signs Gentry/ No. It's a minimum. Salisbury/ okay. I'll stop. Horow/ okay. Gentry/And there's two other, one other question of private applicator that is not before you right now. That's in your other version. Horow/ Right. Gentry/ And commercial applicator does include the school district, public r.o.w., and cannot include the university by reason of law. Horow/ Okay. Gentry/ I think I cleaned up everything. Horow/ Is there anyone else who has anything they want to add F01l894 "'Ii.:'" .;,..,.~_. '0_.." "),,," ,',-< _...,--- i.: j ~ , , ,. I.' 11' Ii I I i !i Ilf I' ~ ,i ~ \ i: ~, , i~ II :;: t 11'/': (I ,j , ~I.," I ,11 I' :', I, i ' ,-'/ :i , I:. .4._ 'l/ff'r. , ) ';i ....... ~-...;, ----...- I II ~ ~ I t > ~ I ~'.";..."",~-~-_. - - .....,,-.........---------J~. ... -....~- ~--- \.& ;' -... -- \~ I " - ,''':'' ' ',,' . f "'~' ", '" '. ',: ", . L I ,/ I. .' ,/ ., 7v , ' :". " "',' " I, , "/"_' / > \1 . , \' ", #5 page 10 to this particular item. It's item 19 the Pesticide ordinance for Commercial Applicators. That has not already been addressed. And please limit your discussion to 5 minutes. Angie Madsen/ I'll address an issue and that's taxpayers' money. Karr/ Your name please. Madsen/ Angie Madsen. Sunshine Lawncare. You have spent thousands and thousands of dollars of taxpayers' money of this town to pass this ordinance which is unnecessary. It accomplishes nothing. We are regulated at the state level, regulated very well. And here you've spent thousands and thousands of dollars for a larger sign. Big deal. How many people want this larger sign in Iowa City. How many. Not many. Only people pulling for special interests. Hello, is this working I want to be heard. Only people of a special interest group. And maybe a few other people. That's it and trying to deny that but it's not true. But it's true. This ordinance doesn't satisfy the scope and the purpose. You all know that so why are we even continuing wasting money pursuing this. When is it going to stop. How can you justify spending ten thousand dollars on this. Maybe it's only five thousand. Maybe it's twenty thousand. Who knows. I think the public should know though how money has been spent on this ordinance, pursuing this ordinance with time spent, the city attorney, the city clerk, any secretaries, the paper work, all of this. It all adds up. And you're not paying for it out of your pocket. The special interest group who wants this ordinance I doubt they'll put any money toward this. The taxpayers are funding it. Do they want it. No ask them. You're looking at a select few who want this ordinance. A wide cross section of the city does not want it. They're comfortable that we're regulated at the state. And to pursue this any further and waste any more of the taxpayers' money is wrong. It's just a drain and it's got to stop. Horow/ Thank you. Throg/ Angie, may I ask you a question. Madsen/ Yes. ThrogBaker/ How do you know that a wide cross section community opposes this particular ordinance. Madsen/ Opposes it. Throg/Yes. ... --. ----,-...-. - ,....-- \ - .__h.._ .._ I I ~: I II I It, 'j' :i i , :< I, f: " " i. 'I J , I' 1 , , I I " of the I F01l894 - ii - , " I , , h I I "-'-'''>'~-''--. . ( ," '" ~. ,,"', "';"t ;'. ' '. ' ,'. rl ./,/ 'I" :"':',' ,',' "'" ,," ;. ',f,., '., . ,~ . I. ,. , ;' "\ '" --~:...-.......- #5 page 11 Madsen/ I've talked to a lot of people. I have a lot of people just come up to me. They know I've got a lawn care service and they'll say this is ridiculous. I see this on TV. I read it in the paper. It's ridiculous what I'm reading. You can sit here and argue with me that the majority of people want this but it's not true. It's just a few people of a group called Environmental Advocates. There may be a few other people, but your average homeowner, they don't want this regulation for us or for them. I mean, where's this going to end. You're regulations you're drawing here. Throg/ How do you know that only a small group of people from one particular as you put it special interest group want this ordinance. How do you know that. Madsen/ That's all I hear from actually. How can you not prove that to me. How can you prove to me that the whole city wants this. I guess I'm asking you as a councilor, how can you prove to me that the majority of homeowners in Iowa City want this ordinance. Throg/ My only point, not to argue, my only point is that you've made a few specific claims and I don't see any evidence to support your claim. Madsen/ Well I suppose I could do a telephone poll and so forth and call all the, call a bunch of people and find out and give you a poll. But I don't think that's necessary. I think you know as well as I know as well as all these people here and everybody in town knows that this is an unwanted and unneeded regulation. This sign is fine that we have at the state level. We do not need the bigger floppy Hawkeye lOOking sign. That's only going to confuse children. Thank you. Horow/ Okay. Throg/ Thank you. Mark Smith/ I didn't intend to speak to this issue tonight but I did want to respond to this idea of special interest group that is for the ordinance as if the people who have been speaking one after the other night after night to this council about this ordinance is not a special interest group. My understanding of a special interest group is someone who has a vested interest in a particular point of view. I do happen to be a member in fact president of Environmental Advocates, and I have my special interest is an interest in the environment. That's not a really vested interest. That's not, I don't think that fits the what I consider special interest at all. And my conversations with many many people do not at F01l894 .......~'.", ,. -, i 1 ! I I i !; I I, ! Ii I' , I il J I I: " 11, 'I ; " ; " \ " I 1': : Ii! , , " ~ " I Ii I: I I , ) l , l ; I . I ;i ~ , , , I ! I " t [ . . " r ~ u ! ! I I ~, ,,,' . , , ,. . J "" , , ',' t-I ';-/, I I /:r",", .. ' " ~, , .",' ,. '.: "v' . , , . r , ' '; '; -. ".'/ ." :"~'. ,~.' . " " ;' '1 #5 page 12 all confirm don't near your experience in talking to the people you're talking to. I think a telephone poll would probably be a good idea. However we don't need that because we've had elections to city council. And this has not been a hidden issue. It's been a discussed issue. And I think that the people sitting here are perfectly well suited on this issue which has been discussed in the campaigns make this decision for us. And I hope they support this very modest pesticide ordinance. Horow/ls there anybody else who has any issues. I'd like to close. Chuck Murray/ Barefoot Grass Lawn Service. I'll just make it real short. I just had a quick comment. My biggest concern is just the discriminatory aspect of the ordinance. It is concentrating on a what I feel is a minority of the city of Iowa City and of course of people how do and supposedly should know what they're doing out there in applying applications. There's been a lot of discussion going on some for but I guess I feel a lot more that feel it is bad. I've heard and I don't know if this is true or not but because that there's been a lot of concern about the issue that there's been some other issue proposed that will include home owners I another ordinance somewhere down the road. Heaven forbid that this gets passed or doesn't get passed I guess is what I should say. Are you going to continue to vote on or discuss the issue for homeowners to try to make this fair. This is what the issue has been really big about and if this ordinance for commercial pesticide applicators doesn't pass and you pursue an ordinance for homeowners than you're back to the same vote I guess as far as discriminating against homeowners as well. I don't know if that's true or not but I heard that something in that respect and so we're getting out of hand here and not thinking through this whole issue, so I guess I want everybody to say, hey look just step back a little bit and think about this a little bit more and figure out where this is going and what implications it's going to have on the city of Iowa City and the surrounding areas. Horow/ Thank you very much. Mark Phillips/ I will make this brief. I want to make it clear that I am in favor of reducing the use of pesticides and I really believe that most of the lawncare companies are also. If I can step back. I'm not a lawncare representative. I'm a private citizen. I apply my own pesticide at home in my yard. But you have to think of the example of the use of pesticides has been reduced. I can think back ten years ago, every lawncare company in this town used to broadcast spray fertilizer and F011894 ,~&..... ~,. ~-_._--. : I i I , Ii ,. II' I J, , ,I Ii " Ii '" " ')' :i I; Il I " I (; J ." I II 1,: II I, " Ii i II I,: , ! II I I' il Ii I i I , , J, ! 1 , i , , l I I :1 " I ;1 \',1 " "'If'". - ! I I ;".,," ~'-"-- - "1~--: -~...... ~ I ' : , t-I' , -/'" ',' '/':, ' 's{- , , " .. '" .' .. ~, " - ,/ I I ., : " , , . , ' ~" ,~ ,.'.,..." ; . _. . ,- 1- / , '/ '., '.. #5 page 13 pesticides and I don't fully agree that's probably the worst thing that we could do, but I think you also have to realize that the amount of people who do that and the frequency that that's done is significantly reduced. You have to give free markets full credit. There are lawn care companies that advertise in the paper weekly, environmentally safe lawncare. Pesticide Free. The market will control that to a large extent. My particular lawn care company has always used organic fertilizer and has always promoted limited use of pesticides. They continue CHANGE TAPE TO REEL 94-18 SIDE 1 Phillips/ There was an article in the Des Moines Register Sunday. Pioneer Seed you know Big Corporate government, Big Corporate Business is promoting the growing of soybeans by with non-use of pesticides and only organic fertilizers. They're paying three dollar per bushel premium for soybeans to be grown by any farmer in the state of Iowa or surrounding areas for that use because there's a market for it. And let the markets dictate the use of pesticides. Let's not let micro-managing the city by creating paper work and large amount of ordinances to control people's environmental morals. Let's let people use their common sense and let the legal staff spend their time doing something more constructive like solving the Towncrest Mobile home thing. You'd think that we have some talented staff in this city and a talented city council. If you let your time be consumed by trivial things like this, you'll never come to a constructive solution to real problems like Towncrest Mobile Homes. That's a real problem. I guess I just wanted to make that clear. thank you. Horow/ Thank you. Throg/ Thanks Mark. Horow/ I'm going to close the p.h. Did you have something more to add than has already been said sir. Okay. The p.h. is closed. I would like council to go to item #19. Consider an ordinance. Excuse me, that was not a p.h. it was pUblic discussion. I want to make that clear. I' , , , , , ' I, i.' I III I I: Ii 1,'I,t:,'1 I): (:: I")' r: ' , I, '1'\\: i: :1 " 'II , I'! ,I ':i I I I I' ': F011894 iI " , I , " ~,... ~ ...... ~.~-, -..--- ~ ;,...,,-- ~ --._-~ ,) , ,', , . , . '.i-I, ";1" 1'-" 'I,~t' ~ , ',:..' ',' : fi..... ,.',. _., _~. ...,. ". " / \1 , #19 page 1 Horow/ (#19) Moved and seconded (pigott/Kubby) that the final consideration be addressed at this point. Is there any discussion. Baker/ You just want discussion on collapsing. Not on the ordinance itself. I I ! , ! I Horow/ On cOllapsing. No. That is right. Baker/ I have thought a great deal about this because I oppose this ordinance. I do understand that a substantial majority of the council supports it. This is one of those ordinances that ought to be debated at great length and have as much public input as possible and I think the closer you get to the resolution as something of some thing that is controversial you will get more discussion. Ordinarily this is one of those cases where I would not support cOllapsing the readings. But it seems to me that the state has put us in a bind, put the council in a bind and if the state were not pressuring us I don't think that we should collapse the readings. But it is obvious that the state is responding specifically to Iowa City and I would certainly vote to collapse the readings tonight and I would like to talk more about the ordinances itself. Horow/ Any other discussion. Pigott/ I agree with that, Larry. I think that that is exactly why we want to collapse the readings. Throg/ strangely enough I find myself not wanting to collapse the timing of this. I think we need to adopt an ordinance which is not the point at hand right here. But I am paying attention to how I am feeling now and I noticed when Angie was speaking I was feeling a response. I was feeling-I was being clear headed inside as I was listening. And that tells me that this is an important issue. It tells me that many people are bothered and upset by the appearance of the ordinance and its move through Iowa city right now. I want to extend on that though. My sense is that people who have made the points about a narrow special interest group pushing this particular proposal and how they are kind of trying to force it on the people of Iowa city. My sense about that is that that is clearly not true. There are people in the city who want a much stronger ordinance and we are not considering it because our sense is that there are enough people in the city who don't want a strong ordinance. We are trying to find a balance. That is my sense about it. But I think it is really important because of adequate consideration of the issue and I don't give a hoot what the state is doing. I know that if we defer then we are going to do something but I don't care. F011894 ,.-.,-....'- _ ..HMI ~ '\ I, , ii, iI, Ii " I: Ii f: " , , , I " , I 'I I I J I' I: ", :i . i 'I J; , . I'"~ " 'l/ff"". - . -"~." """" - "'l --- ~--- ~ ,.-'..... -- ~ -- ~....-...........----------.~.. ~ - ... -~~--,--,..--:----.-------- \ I' '.',' _ . '_' " ~ '.,' ", ' , 't f ' I I 'I r. ,/ l' ,', ',' , '. , - . ,- , ., '. t " \ , ; -., " , . - ,',.. . " ,.- ./ ,:' " ".. #19 page 2 Horow/ Thank you very much. Kubby/ I am concerned about-I appreciate you willing to change your mind because of considerations but we won't be able to-the debate will be closed probably after tomorrow if we do not collapse and we have to have 6 votes to collapse tonight. Throg/ Oh, I forgot about the 6 to collapse. KUbby/ So I would ask you to reconsider your decision. I don't know what Ernie is thinking about in terms of cOllapsing. pigott/ This is a 6 vote requirement. Nov/ I really think we ought to collapse. I think that the only reason the state is discussing this is because we considered it. Horow/ Roll call- There are six votes to collapse this for the third consideration, Lehman voting no. Kubby moved, pigott seconded to adopt the ordinance. Discussion. Baker/ Could I get some sense and I think Jim has already spoken to this. Is it the sense of the people who are voting for this ordinance that you are working under the assumption that this has wide spread pUblic support. It is not just a minority small group. I don't know if there is a way you ever quantify something like that. I have, in the last three weeks, gotten comments back and forth on both sides and I couldn't have called where the public sentiment is on this ordinance right now. There is a lot of misunderstanding about this particular ordinance right now. I think if we discuss in the future regulating private homeowners we will have a v~ry clear sense of how the public feels about regulation because it is going to regulate them and not these commercial applicators. It may indeed that those people supporting this ordinance support it only because it doesn't bother them. I don't know. That may be something that comes up in the future and I think we need to talk about it. Nov/ That is a valid comment because the commercial applicators are correct when they say the private applicators or private homeowners are using more pesticide, are applying more pesticides and that ordinance will get more public response. There is no question about it. But the responses that we have here have been on both sides and most of the responses are not concerned about regulating commercial applicators because they F01l894 ._""" '_a. _11 --~.---.. L , : I I I, ~ I II 1\ I I' i II " IF ( I; " II " I: , , . , ! 4' il I; Ii I,i I " I 1 I I .I 'I Ii I, I ! ~ I I ii , ' I I ! I I ! ~ i _ ' " cI" ',;/ ',:1' /,:1'<'"" ' ., '.. ;',' .'_~J . .,' '_" ',;...J ,,"'... ,. . , , " .I, #19 page 3 are already regulated by the state. And as far as I know only the commercial applicators lobbied against the regulation at the time that it went in. At the time the state started this it was prevention of water pollution and most people said yes we want to prevent water pollution and there wasn't a lot of anti at that point. Baker/ I still have problems with this particular ordinance. I am uncomfortable with it. I do think it addresses-goes at it from the wrong direction and then maybe this is all we can do now. But it does seem to be just a lot of duplication with minor revisions of state law and I would prefer to have a more substantial one. A more comprehensive and fair one. I would like to respond to one thing that was in the paper. There was a discussion about this. It seems like one of the objections to this ordinance has been in terms of turning neighbor against neighbor and that sounds inflammatory. That it is certain to conjure all sorts of images of sort of like 1984 and we are all turning each other in. But I think the public needs to understand that you could probably go through half of the ordinances on the books now that require some sort of private initiative to start the process. Throg/ Shoveling sidewalks. Baker/ My sidewalks are cracked so my neighbor calls and now I have a bill for several hundred dollars. I think my sidewalks look wonderful but they are not passable and the city says that they need to be replaced. If you want a bureaucratic nightmare you arrange your ordinances where you don't have that public initiative and if you want the state or the city to go and regulate this and keep neighbors out of it you will have a bureaucratic nightmare. I would just like to say that one of the reasons-one of the less valid reasons to oppose an ordinance like this is this whole concept of neighbor against neighbor because it is a red herring. It is a false issue. But I am still going to vote against this one. pigott/ I agree it is a red herring. But just to get back to how you measure public support or not I think that is ultimately very difficult thing for any elected official to do and some of the ways you can do it is conduct your own phone poll as someone suggested. I got three or four calls this weekend all supporting this pesticide ordinance and I heard from people in the audience tonight a majority of which spoke in opposition to the pesticide ordinance. So it is the elected officials job to balance out what he or she hears and make the best public decision not necessarily only reflecting the pUblic's view but what is also the best for the public health, safety and welfare of its citizens. And so I think that is important F011894 L . , \ ! I, ~ I II II j: :1 !., i!' " . n " :1 i; II I' " I I,) 'I I, 1,1" I': Ii ....'IllII . , r',' 'f-I '~/' "~I""-t ,', '. : , " ..,.!' jl-,',:'7' """ ,'" ,.' < ; -' ", '-- ~--- ' ' . ' ;' , , 1 #19 page 4 to note. It is not just we are here to reflect the public's view. A little anecdotal story because I think we are all talking about we have talked to a lot of people who are for it or against it. Just to relate-a homeowner that felt strongly enough about this ordinance to call me up and say why don't you come into my house the next time it is not snowing because I have a three year old daughter who I want to, when my neighbor has her yard sprayed, I want that sign in the yard and a big clear one. And so they spoke to me and said come on over to my neighborhood. I haven't been able to see my kid outside. And that sort of statement from a person who is not at all a member of any group, environmental or any other speaks to me real strongly. Horow/ All right, any other discussion. Lehman/ I obviously will will not support this for a couple of reasons. One of them Bruno you brought up. This little three year old kid can't go outside after we pass this with any assurance that the neighbor didn't put it on themselves. So we have done nothing to protect the public welfare. 85% of all the pesticides are done by private individuals. All we have done is re-regulate somebody that was already regulated. I think this ordinance does nothing so I can't support it. Kubby/ I did want to make a couple of comments, too, in that part of our problem comes from the history of this in that we did have, for a while, four people to who supported a very comprehensive ordinance that really would have done some more things to protect public health and safety. Especially not being able to apply any pesticides within 30 feet of a water way which to me was one of the real important parts of the ordinance. When we no longer had four people and councils changed and so this is what we have. Something that I believe is a very benign ordinance. That the beauty if it is that is follows state law and that the differences may be small but I think are very significant just for the reason of protecting health and safety of the community. And that people are finding-people who have contacted me have said I have trouble seeing the signs. I have gotten wonderful feedback from Quality Care signs that are larger than the normal ones and the colors that we are suggesting and the logo that we are suggesting. And that that is the only lawn care company that did anything differently voluntarily. And I find it interesting that two weeks ago that what I want to call and this is not a negative thing because special interests are important because people either have an interest through a vested financial interest or a personal broad base interest or a heart felt interest. Special interest people of the lawn care company came here and said the specifics of your F01l894 ,-- ; , , , " Ii I II ~ , , ,I , I Ii, I I I " '" :' :1' :i Ii I, II " I: " ," ;' I: I I' 'r i" i I: I I'i 'I , 'I " M. .,,,.,.. "IIfIf'". - I , \ \", ~: -'---"1 -----... . I I I I I "J'~''''.'.'''"'.-- "'W\-- ~ -'.. -- - -- -.......~-- .... w--' , . " , . .. . ,. r , t,_1 ' '-I -, it " , ,: ' ., . '",.', , (-, ~v' ":," ; . _. '" ..-:. 'r..-, " '. / I \1 I '~. . ---'- ~ 119 page 5 ordinance are fine. It is no big deal. One you learn that there is no effective prenotification requirements. It is prenote but it is really kind of a bogus prenotification. That two weeks ago you were saying the larger signs, no big deal. The registry, no big deal. Just don't regulate it we will do it ourselves. Well, in the past year since the hiatus in which we have been talking about this only one company has taken a private initiative to do it vOluntarily. So I think it does protect the health, safety and welfare of the community and giving people a better chance to see what the state law says. I am finding from feedback from the community that it is not working sufficiently here. And so that it really isn't that big of a jump and find it a very benign small thing yet very significant to people in this community. Horow/ Well I think we have heard the points of view from most of the council. I, too, have wrestled with this over a period of time. I have gone back and forth. I know the last time last year I flipped on my vote and my reason for doing it was that in the spectrum of all public health issues in this city this one is not the largest one and certainly not the one which I think we should apply most of the attention. I am very very concerned about the impending increased regulations by the state on home rule and I took to support this through the home rule point of view. I am also concerned about application of private homeowners. I think that we certainly have agreed that we will address that. But for this particular ordinance I cannot support it. I go back to the original purpose of public health issues from a broad point of view and I do not feel that we really have that much of a problem and so for that reason I will not be voting on this. Roll call- The ordinances passes, Lehman, Baker and Horow voting no. And because it passed we will take item #20. F01l894 - -, " i , " " I i I i j, I j: , ,I i " 1 1 I: ! I I', .. , : I ; , I, , , 1., ',0 !' 1" I Ii " I!I !,: , ' 'II' , [;1 II , ~ I; Ii Ii Ir I~ l:': f;" n ,'i /'1 I" , I , I I ' U ,:'f t. ! i , '( / d..'.'.'..."" --:---~---- ~ , .' , " . I , ',- " ' t~/" ,;, , I ,'/7t-', ':', " I "I" ' , . .,. . r . . '-. " ,-." '-.' ' I ;, \ ,. 1 J ''\: ~-, #20 page 1 Horow/ (#20) Chair would entertain a motion- Moved by Kubby, seconded by Nov to adopt the resolution. Is there any discussion. Kubby/ I am interested in how we got to the $5.00 figure for the fee. Does that actually reflect-is that all of the cost that you are going to have. Karr/ We don't know. It is an estimate based on making adjustments to the licensing permits system, programming adjustments. We don't how many applicators are going to register. We know of one experience on a very different nature in Waterloo with a registry and how many people registered there. It is an estimate based on staff time, the development of a program and a very short application and we reserve the right to come back in a years time and report to you that it may have to be substantially increased. Kubby/ I think that is a gross underestimatation of what it will cost and I want to suggest that we increase the fee to $25. Horow/ What are you basing that on. I tend to agree that it is an underestimate. ;'; : I i;! " i Ii :[ Ii " " . :! I I I I"~ I' :: , " ,\ " " " , I) ~ , I': i;: I' r; I am throwing it out for purposes of think a $25 application fee to register Kubby/ I don't know. discussion. But I with the city - Horo~l/ May I suggest that if we are going to get into this discussion that we take this back to our work session and work on this and for purposes of this evening. II! 'I 'I I I I ;1 Kubby/ There may be no one else who agrees with me. Nov/ I really think we have to do it now or you can't implement your ordinance. And I would be willing to increase it. I think $25 is way too high but if somebody wants to suggest something like $7 or $10 which is more realistic, I would go along with it. I just don't know anymore. I think we should take the staff estimate and see how it works out. We can raise it- Horow/ I can't-well, what do the rest of you think about it. Throg/ I would like to agree with Naomi. Meaning take the staff estimate and as we have experience with implementing the ordinance adjust it upward or downward as we see appropriate. Nov/ We also have to consider this as a fee for somebody who asks for the list of registries. F011894 "'- Ii ~"""".".. ----- ~""'C'1-----"". ~--~ ;,'.......-- - --- ~-~-........--------..,~.... i , " , I l:.;~,,""''''''--_'- , \,1 ',! ~ - ,.. ~.. ,......."",.---....-....------.....-----.-- \ I I. ,\'. ','.',.,-J. . , , "t.~1 ,-:1':' ,,-r ,/'-0,:" '.' ' .. ' " I '(' , : _. ., ..' ~~ ,_.', I':, '.', / , , ' .y" ,Jl.. #20 page 2 Karr/ Not as currently written, no. Kubby/ A copy fee. I , i I I, ! Karr/ That is correct. Nov/ Ten cents a sheet or whatever it takes to copy it is going to be incorporated into this, isn't it. Karr/ That is correct. What the $5 fee as recommended right now includes the registration and one copy. Any citizen or additional copies would be a price per page. Pigott/ So what happens then if we establish the fee at $5 tonight and we realize ten weeks from now that it should have been much higher and all of the commercial applicators have paid their fee. We are still short of money. So I would like to suggest that we raise the fee and raise it to $10. Lehman/ How many applicators do we have. Gentry/ We don't know. Lehman/ Do we have a guess. Gentry/ We have sent out to the companies 15-20. But then when you throw in the pest control that brings it up another 10-12. Lehman/ We are talking about 30 people and we are arguing about $5. We are talking $150 or $300. We spend more in that- I think it is irrelevant. Horow/ Let's discuss- KUbby/ No. Our policy is to try to get these administrative fees to reflect the actual cost. Horow/ That is right. But we don't know what they are going to be. And in terms of doing it and to get it on the books and get it going and then evaluating it would you be willing to evaluate it in six months. Nov/ There is a once a year registration. We charge $5 this year and if it doesn't work out we will charge $20 next year. Whatever it takes. Horow/ Let's do it. Baker/ Assuming the best of all possible worlds. We pass this, you pass this resolution, the state does preemption but somehow it F01l894 ._'"---'.." ""'" ~. I, I, I, i ! , , 1'7 , ! II, II' 'I l Ii "I I.. i; , ~ ; t, i 'I I r , , , :/ Ii I l,.' " 'I' Ii' I , '! ; I \L 1".,....-.'-. ." f" L"":I ,;/" ",-I', :;l' :' , ,,", , ,I " " . ' , _ _,.. _. '1 ,. ' ,.,. ',', / . . 1/\ " 1 !.. < " -- -- - -- '-- ~" #20 page 3 doesn't apply to us and we can go back and amend this and include private homeowners. Are you going to ak private homeowners for a registration fee. Nov/ No. Throg/ There is no registration requirement in the proposed ordinance. There is no registration requirement in the homeowner's ordinance, our private ordinance that we are- So there would be no registration. Horow/ We haven't passed that ordinance yet though. Baker/ It goes back to this question of equal protection under the law or whatever the phase it. Kubby/ There is a component of registration and ability to have a local registrations in the state law for commercial applicators and that is where this idea came from. There is not regulation of individual homeowners in the state law. We are paralleling state law. We are not opening new grounds and breaking sod. Baker/ But you are charging these guys $5. We pass another ordinance, private homeowners, but we don't charge them anything to apply. That seems to be the sense of where you are going. okay. I would say let's just have a registration process and don't charge them anything. ! ; I, I, 1': I Ii I Ii ,,I Ii If II , I' , . ;1 - ' ,.; : '1 .~ } I, - " 'I' f: I' l Kubby/ No way. Baker/ Just absorb the cost. Horow/ Let's have a roll call on this. The resolution passes, 4-3, Baker, Horow and Lehman voting no. " . I' FOllB94 fi ! I I I \ ?,-' . : cI," - ',' - ' ' -' ",,' ;, L ' .:/ '" I (~l, ' M ,,,,,, ' 0" -. -,' " '1 1 ;, #14 page 1 Horow/ (#14) Chair entertains a motion to adopt this resolution. Moved by Lehman, seconded by Baker. Chair opens the discussion from the floor as well as to council. Does council have any other questions to ask staff. Throg/ I think I would like to make a comment on it and I will be quite brief about it. This will echo a comment that was made earlier in the informal meeting. It is simply that I find it distressing to be asked to respond rabidly to this proposal, to this request, on the basis of confidentiality. particularly since we received some new information tonight and that bothers me that the process of moving quicklY under confidential terms on something of importance to the community. So I just want to express some concern about that and to express a hope that we can avoid this kind of situation in the future. ~ ! ; , I ,: I Iii 1 I I , " , Ii " " " I" " , 'I, i I; i " I' ; , I " !I , " , ': I ;1 I; I' I " 1 II l'r 1,: \ IJ I \ J I , I' , < , :1 Baker/ I have the same concern but my concern is not specifically directed to this applicant. I think the applicant is just doing the process that has always been in place and I am certainly glad to support this particular application. I hope it goes through and everything as well with the state. But in the future, there is a different council and I think one of the things that we are going to be sensitive about is the process of involvement. our involvement in getting adequate notice so we are not surprised at the last minute. I will be very self conscious about that in the future. NoV/ I have to say something on behalf of the previous council and that was exactly what Larry said and here we are doing the same thing. This is just too rushed. It shouldn't be this way. And particularlY because we are dealing with a firm that has been a good corporate citizen. Most of us are ready to say okay, for Moore Business Forms, this is okay. This is not a bad application. But never the less we were not given enough time to think about it. Kubby/ I guess what we need to do is give the message to ICAD and to our economic development people and to the Chamber and anyone else involved in economic development issues that this is unacceptable and that we realize sometimes time frames get shortened with decisions getting made although I cannot believe that a consolidation decision is a quick decision. And I guess I want that message out there and feel very trapped by this. pigott/ I agree. Also there is another concern that I have and that revolves around the whole issue of being put in a very tough position. We either say yes to this application for CEBA grant and gains jobs or say no and lose jobs. It feels sort F01l894 ii i I I I I I ! ~ ~ " ~: , 1 ! > , r ! I I -' ,... . , , , , . r : - ',~' ','-[,' I-t ,: '.' '.'", ' L 'I : ":1" j';;" , c.:. " , '. " ,,,' .. ',~. .., f, ~ .. I, ' I~" '. '.:1 ...: ..',' " " , / " I, " #14 page 2 of as though we are between a rock and a hard place and it is not really a choice we have based on the merits of the application. But solely do you want jobs in your community or do you not. You know, it reminds me of the discussion that people had after the incentive programs that were set up to lure Mercedes Benz over to South Carolina. I believe it was South Carolina, wasn't it. In after reflection, looking at the incentive plan there, people started to question why is it that they give X number of dollars to Mercedes Benz, this incredibly huge corporation to move to South Carolina when Mercedes didn't need those tax breaks. I think that we were thrown into a cycle of competition with other cities which is not necessarily fair and well, we as a city council, can't necessarily address that on a day to day basis and we are forced to react. We do want good jobs in our community. I do feel it does put us in a tough position and I would like to see some sort of federal legislation dealing with this precise issues. Dealing with putting cities in a hard place. I certainly can't blame Moore Business Forms which is really just trying to take advantage of a good economic opportunity and that makes a lot of sense. That said, I would like to say also that I really appreciate some of the economic benefits that our community could gain from such a proposal. And I really do appreciate the good record that Moore Business Forms does have in the community. People who I have talked with who know people who work there said it is a good company. I did want to preface my comments with that however. Horow/ Mr. Smith, go ahead. Mark Smith/ Councilors, I really do appreciate the opportunity to share my opinion to the proposed public assistance to Moore Business Forms. Actually there are many groups in town that support this plan. Moore, of course, is more than ready to receive the $675,000 of tax payer money. The 50 workers whose jobs Moore is threatening are probably eager that you facilitate this deal. Many retailers no doubt looked positively on the prospect of the growing population implied by promised of 130 new jObs in the community. Home builders and Realtors may also profit by this decision. Some unemployed or underemployed people may hope that such a deal would improve their prospects. All of these groups have legitimate concerns that should be heard and considered as this decision is being made. I, however, am not a member of any of these groups. I am speaking as a third grade teacher in an overcrowded school and a homeowner and I don't think this expenditure of public money is in my interest at all. I believe there is a relationship between the sustainability and the livability of a city and its size. I don't think we understand that relationship fully but my instincts tell me FOllB94 ------.--- ~ : ii' II I . ! l Ii, 'I, , I I', I" , " 1", .'; I,i 1;, 'I ' II I:: II j , I , I I I '. :Ii :i ""1("1'. ....... --"'" ..~ --.,---- ~ ..-, ...1"-- ".. ~ --..----------. ~ ... ----..r...._ .. -.. -I---r--""-; I , ", " r. .' , ' t. _ _' - - '.. I t I I' '<1" It' ..".,' , ~ . . ' .l . 1 .;" ;, -~- \' ,--,. ~" ,.; '. ' ", #14 " g ~ . I, I' page 3 that we are big enough. Iowa city is a pretty nice size right now. As we get bigger we will inevitably face many big city problems that we have so far been spared to a great extent. Traffic congestion, crime problems, the anonymity of big city life, and an ever over taxed infrastructure. And the suburban sprawl that leaves more natural areas evermore remote and degraded. We do not need more people. We do not need more jobs for the sake for the sake of more jobs. We need to get better not bigger. Now, the fact is that Iowa City is growing and no doubt will continue to for the near future and we need to deal with that reality in a welcoming and proactive way. But we do not need to recruit people for heaven's sakes. Much less spend my tax money to do so. Iowa city has a very low unemployment rate in a state with a low unemployment rate compared to most any place else. Is it right that we lure businesses here away from other communities that may be losing population and needing people and jobs to make their communities viable. Or from big cities where ghastly unemployment rates are devastating whole regions. While we on the other hand are already taxing our infrastructure to the limit. My school, Penn, is too big and growing fast and I know of no plan to deal with that problem. We already have an exceptionally tight housing market. We are f.acing the $46 million expense of a new water plant and much of that cost seems to be related to projections of growth. If the government is to hand our money over to individual businesses with all the issues of free market fairness that that raises, let it at least be to create jobs that our enhance our sense of community and our health. Day care, social workers, mental health workers, environmental planners, police, preventive medical workers, Hospice and recreational facilities. If the government has the funds to hand out there are many jobs that can be imagined that would make this more humane and creative and delightful place. But, dear councilors, I can assure you that Iowa city will do quite well without Moore Business Forms. When a farmer pours feed in the trough the pigs, not knowing there future, eagerly and contentiously, line up to get their share. with the big ones getting the most and going to slaughter first. But we are not pigs. When the feds, as with the airport, or the state, as with CEBA grants, lays out the money we don't have to thoughtlessly rush to the trough. We have the ability to think and to decide do we want what is offered. Is it in our short and long term range interest. In this case do we want and need more people in Iowa City. There is another thing. How is it that items such as the pesticide ordinance which are aimed at protecting and in some small way the health and well being of citizens takes weeks or even years of deliberations to resolve even thought they cost the city almost nothing. But CEBA grants pop up and are dealt with in a manner of days while involving many thousand of F01l894 , , , , . i: ~ I,; II I, Ii 1:, ii, r " ii' " I, Ii !.:; i" r, II 1; I ; I, i I :1 I II !, " ,I; f Ii U_IL -- - , ,/ i " I i I I l ! ij ! ! ~ I , I '~'..:'-~-""~'--' ( ; '-f' '-/ - -:-"," ., [" " ' , -: " . -" ' , ,,/ tL -, . _ _',,' - J, ''o.. ~_'.: 'I ,. . : _. / , ,>' \1 I, "\' ._----..:.::.::..----, #14 page 4 dollars. And impacting the city in fundamental ways. We, the citizens, want time to consider these issues an we want you to consider them fully. And I really do thank you for listening and for providing this forum for sharing ideas. Horow/ Thank you. Pigott/ Thank you, Mark. Throg. Thank you. Horow/ Anybody else want to address council on this issue. Kubby/ Usually I really by this time know what I think we should do or what I should do. I don't know what I should do. I feel very hesitant about voting for this because for the last three CEBA grants we have said that we need more information, we need more time, we need more thoroughness and we always say yes to them as a group. So why should anybody change their behavior. So is this the time I put my foot down and say no for that reason although I said no last time for some other reasons. But not for that reason specifically. If I say no then people automatically say you are anti-business, you are anti-job whether or not that is a my reason for voting no. I get cast in a certain role and no one will see if I am in that role or not in that role. If I say yes I do so without fully thinking it is the right vote to do. And I know that deferring is really not an option because in terms of competition with other communities, if we defer then we are out of the competition. Although I am maybe assuming that. Is that true. If we should defer for two weeks that Iowa City would not be considered for the expansion of the jObs. Atkins/ If you were to defer then it is off of the DED application and- Kubby/It would be on their roll for February, couldn't it. Atkins/ The decision is January 31. Kubby/ I am asking can Iowa City still be in that pool of applicants without the CEBA grant. Robert Broadbear/ Iowa City would still be on the list of applicants. What we would be doing is comparing what sense it makes in this particular instance vs. what sense it makes in the others. So it would be weighing the cost and the benefits in both senses. But yes, Iowa City is still on the list. We just compare different packages. F01l894 ----...~ , , , , , ' r 1. \ 1'1 'Ii II , h ,t il II I" " il- l' :: " , 1\ :i j.' i (. " 'I , \i I,j i Ii i, II ,1 j i) ,,: I f , I . ) J l I ,\ ! I j I I I I :i ""'If"'. - ~""'lIlI1~ ~-- ~ .;'........ --...........".-... - -...---- ~f" ... .. --- ..~.... ,y '..... \ f ,_' .,'_ ,_. _., ' , ' t I ' 'I " f ' 'I ,. , ~ . ,,' . U ' " :. ,-, ."t . , '. ',. :, :.; -. ',\ . .-- ,'~.. " . / '" !, I ! [ , i ~ ~ ~ !: i I ! j , ! ~ I #14 page 5 Kubby/ I guess what this brings up to me is that when we are in competition with other communities we haven't even -at least maybe I missed it, don't know what communities we are in competition with. So we don't know how our cultural factor or those other factors that you look at weigh against the tax factor that may be 7th or 8th on your list. So I have no way of gauging how we are competing. I don't know what they have offered. Maybe someone else has only offered $5,000. And I know that maybe that is not to your advantage to give us that information but it is to our community's advantage to try to gather that kind of information before we make such a decision. So I am yin yanging around. So persuade me. Baker/ I don't think I can persuade you, Karen. Let me explain why I am voting the way. Let me explain why I strongly support this particular proposal and it is this particular proposal and not this particular process. The last time this carne up and the previous council it was the Millard thing, right. You and Naomi opposed it. Absolutely correct, you should have and it was a bad proposal and I am glad it went down. I think your position was borne out by the facts that developed afterwards. I cannot imagine the same problem with this particular application. That is why I am comfortable doing it. These are not a new business corning into town. These are people that we know, people that have done a great deal for this community. And quite honestly, with all for respect to other speakers, jobs do matter. They matter to the people that have them and to the people that might get them in this community because not only do we need jobs we need jobs that pay more than minimum wage. These pay more than minimum wage. NoV/ We are employing an awful lot of people at minimum wage. Baker/ You talk about learning more. I think the public needs to be aware that what is our commitment. What are we doing to them. We talked about this at the informal meeting. This is a procedural obligation. We are giving them $100,000 loan which they are going to pay back. We lose in the long run the interest of inflation factor on that $100/000. In a sense we are not giving away tax dollars for this. We have a tangible return and it is important that we show a strong commitment to this time for this particular project. There may be another project coming down where I sit back with you and say look, I am uncomfortable because I don't know enough. I don't know these people, I think what we are getting involved with is too much for some intangibles that may not develop. I go back to that word particular because I am guided by the fact that we have a concrete proposal in front of us that will do this community a great deal of good. F011894 \, ________~....dlll L - , ! : 'I, ~ " Ii II ( I' II " ' II II ir ( P' i\ " " I' i' I ~ " , i :1 i: J; Ii 1,1 " i :1 I j I II " ,1 , 'I I.. I } , " I I I I I I I I i . , , , '., '. .. I . '., . I 'f-I -I':" ,-, 'i..l:' , ' " , . ,_ . :;' t, :'-- i.' . ',', . , , . . , , "J " ,', '" ',,' , ' , , . ___ ", __ > _ . ,. I, / ., i. , #14 page 6 Kubby/ So basically you are saying that there is more community good being served by those jobs that we will potentially get than the small amount of risk beoause of the process. Baker/ Oh sure. Kubby/ Is that a fair- Nov/ I question the financial risk. I called Don yucuis and said what do we lose in interest on that $100,000 if we invest in it and what do we gain in property tax for the addition to this building or equipment of whatever. And he said it came out about even. So if we do it or if we don't do it we are about in the same position. Lehman/ I think we are talking about a lot more than $100,000. I think $100,000 to Moore is no big deal. But I think the commitment to the community is very important. I think the message that we send you and we send to other people who potentially might like to come to this community, good jobs and good companies, is terribly important. I support this because Moore has been a great citizen in the community. They have great work records. Your people stay there for years and years and years and this is the kind of thing that makes a really good community. Those jobs are very important. Those jobs will sell homes, raise taxes to build schools. pigott/ You mentioned the commitment that we have to as a community-it would be important to us to show commitment to Moore. One of the questions that I have is what kind of commitment is a threat to cut 30 jobs from our community has to our community when it says if you don't do this we will take 30 jobs for you people who live in this community. I feel, as a councilor, threatened. I feel threatened that if I don't do this I will reflect an anti-jobs position and I will be causing unemployment and because of that threat I wonder well what sort of commitment can we ask of Moore and a question that I pose is it is equally important for a company to show a commitment to our city as it is and you rightly say for our city to show commitment to its citizens. One of which is Moore. Robert Broadbear/ I just want to address that one point because again, our number one concern is this is a feasibility study at this point. That point cannot be lost on anyone and I hope we have been clear. Our number one concern is our associates. It always has been and always will be. We did not in any way, shape or from try to convey the thought that we were threatening jobs. In fact this process has been going on for several months and we have been contacting a variety of ., f FOllB94 ,- - ~Il , ~ " I' I: " I II i 1 , , ",I , !; ! I' II Ii " !i If, " i~' , 1\ , I: , ,. Ii Ii,; " " :.] I I II :1 ,~ " 'i ~..,.,... "'fI("'''. - i , \-,' , .~~~ ~-- ~ ;' .....T -- .......~.......----~-..,~.....- ...~- ...-....~ , , " . '.. ' f .",' L-I : '~/' , I r , 'tl" , ' :" .' '; , . ", t:... ' " . _f:' ~)l\ r ,./. .'. /' . 'J #14 page 7 communities and we have never brought that up. That issue has never been surfaced. And the only reason it was here was because that is a field that we had to fill in on the application. pigott/ What you are saying is you would not cut. Broadbear/ I am saying that we have not surfaced this issue and have not used it as a threat. We have been very cognizant not to leave that impression. But it was a field that had to be filled out. And that is the reason that you have seen it. pigottl And it is a likely outcome. Would it be fair to say should you not- Broadbearl In this feasibility study, and I keep going back to that, if it proceeds then likely if it does not turn out to be Iowa city, those jobs would be centralized somewhere else. We would make every attempt, if that occurs because we always have, to offer early retirement, to offer severance packages, to relocate employees, to try to find jobs in the facility for them. That is a primary concern with us. Horow/ Jim. Throg/ I would like to make a brief statement. I would like to say first of all I was deeply impressed by the statement that Mark smith made. Whether you agree with him or whether I agree with him or not he raised some really important issues and in a wonderfully persuasive way. Which does not mean I agree with him. In fact, on this particular issue, I am going to disagree with my friend Mark and I will support this proposal. However I want to state my intention real clearly on this particular point, if we receive another proposal concerning any other firm that requires us to decide quickly on the basis of inadequate information and in a confidential way and if we find that information we need to act on changes on the night of the meeting that we are suppose to decide the application on, then I will vote no. I want to be very clear about that. But on this particular issue with regard to Moore for reasons elaborated by other people I will vote yes. Horow/ I appreciate that. I think that the council appreciates the interest that you have in helping Iowa city retain and develop a local company. A company that while it has international ties is very deeply integrated into this community. I think that the commitment that you have already shown to this city through your very deep support of our united Way Campaign just absolutely knows no parallel. And I appreciate my councilors points of view on the process of CEBA. We are frustrate by it F01l894 '1; ,,' .~..h.' }~-....----.----- \ , i I I j , j' , i I II 'I II' I" " i " , , i1' I, !; Ii !" I 'I j ,I I' I' " " I. I I 1 j " I- i I , I I ! ii .....; '..) " ""If'''. - \/,.""'-.--' - '1------'" --;, -~--- ~ lit-' ....... ---- --- ...... 1 .' 't-I '.-,;1', 4"tl-: '.' ",.' '..;: ~ . \'. I, " . " . .J. '.,."" _ _.. / / i/'\ , 1 J, "I' ", #14 page 8 as I understand other communities are. I am sure that you as an international company realize that there is no net gain. The gain is just moving around from state to state in this particular gain. But this benefit our community and we really do appreciate your taking the interest and investing the value in our community. KUbby/I have one last question, I guess really for council, and that is since-we never know when CEBA applications are going to come to us and so I we tend to leave issues until we have to decide on them. I am wanting some commitment by this group to- I don't have a certain time CHANGE TAPE TO REEL 94-18 SIDE 2 Kubby/ That Sue and I gave as a base line. That we deal with this as soon as it is feasible. Horow/ I suggest that this be the issue of one of the focus groups in which we discuss economic development because I think if we had to ask ourselves are we going to from this point on decline to even entertain CEBA grants that will give clear signal to our economic development community. And I think that maybe this is an issue, the process of CEBA grants, we need to talk at a focus issue where we can really grapple with it but have input for that we are not just talking to ourselves on this. Would you-how does that go with anybody. Baker/ When are we going to do that. Pigott/ Sometime soon. Horow/ Well, this is something that we have to set up when we are going to do these focus groups. Kubby/ You are talking about our quarterly informal work sessions. Throg/ We talked about six. Horow/ Let's take a look at the notes and go back. You probably have them verbatim. We have got to get through January with the budget and finish it all in February. We are making a promise to ourselves to deal with this in the focus group. But I would like to move on this one right now. Roll call-(Yeses) The resolution passes. F01l894 -- u ---..-..,-- - i , i, , " " III I , I ; ; Iii , II' . :1 I, , :! :j { ,I Ii \ j', , j " " ;:1 ~ I " " " II I'; ~ I ; I'; , , !. , ! I I, I , I ,I 'I I ! I' u !I 11" I, ',::' ; . I , " 1',1 " ,. - "l -- ..... . , , ~ . {,' t-f '-I" '-I I'" :,'" , ,',/ ,'(..., '~:, , " ,..', ;. - '\'. .'.:....... ,~, .', ',' . / "1 j #3.G.(6) a-d page 1 Horow/ (3.G.(6)a-d) We have an issue right now, our Consent calendar. We took out item #2G. (6) which dealt with memo from the Traffic Engineering. At that point the Traffic engineering is proposing parking prohibition on the west side of Lowell street, parking prohibition on the north side of High street, parking prohibition on Dunlap Court and parking prohibition on Third Avenue. Today I called the principal of city High to let him know about these items from the Traffic Engineering. I would like to ask staff to make sure that the Traffic Engineer send a copy, if there are any more streets in that area, to send a copy or to any other principals of schools that this sort of a prohibition would affect. Send a carbon copy to the principals of those schools. Steve, can we do that in the future. Atkins/ certainly. In fact I had thought at one time there was going to be some arrangements made that there was going to be some continuing discussion. Horow/ Could we have the door in the back closed, please. Kubby/ Well, we had left it at this point that the student senate at city High had taken names for a committee of people who were interested on working on this issue and exploring some options. Horow/ I have asked the school senate president to come this evening if you would be willing to address the council. C. J. Douglas/ I am the student senate president from City High. What we are looking at right now from the students' perspective- we have 700 licensed drivers right now and in six weeks we will have another 100 more and we have 150 spaces at the school. We have already lost spaces on other streets around school but the students are still driving and that is going to continue happening. And from the students' perspective if you shut down these streets also they are just going to be parking farther and farther away which for both the students and the parents is a concern with the cold weather now and also with the construction of other things going on. What is going to happen is, if this passes, we will be back here in another month, maybe two months, with neighbors of other streets discussing the exact same thing. The students aren't going to stop driving. All we want right now is time because the school board has three plans that we have seen for a parking lot addition on city High that will give us at least 200 more spaces. Hopefully that will cover almost all the students that will be driving in the future. At least the next couple of years. What we would like-we don't want to be on these streets anymore than the residents F011894 ......".,- ,;~'" -- ... .<Ill. , , 11 ; , J ! " iI, 'I' Ii , ,: , 'ii '/'i!' :1 I II \' , ! 1 < " ( I: ',' Illi ,( , I I I II I I , " " , : " , 'J I , ,.i ~~"""If"I'. ....... -,--"'1----....~. ~--- '-e.. ;1-'....- , ( '. . 1'," r, cI' ;,,-:-,,'d,:~t ',:.,.' '",' . ; t.... . ' ,,', ,. , _t, '1 t , " ",-: . , / / , \J , '. ,'~ -. :"::. '. #3.G.(6) a-d page 2 want us there. What we want is just to get time so we can get that built and then go ahead because we recognize that it is a safety problem on those streets with our parking there. Then go ahead and eliminate most of the parking out there. We will probably still need some overflow parking there. But once we have that parking lot we will be much more comfortable in getting off of those streets. Nov/ How many more spaces are you talking about. Douglas/ The school board plan is between 180 and 200 more spaces. Nov/ so, if you have 200 more spaces and you end up with a total of 350 spaces. You still have 700 drivers. How is this a solution. Douglas/ A large number of those don't drive. They either car pool or get rides from parents and things like that. We maybe have 350, perhaps 400 cars that drive every day. That should almost cover it. It certainly be a lot better than what we have now. I Atkins/ c. J., that was 700 permits you said, wasn't it. Douglas/ 700 drivers. What we have right now-juniors and seniors have permits and that is about 500. Throg/ You mentioned 100 other drivers, C. J. What was that- Douglas/ Those are sophomores that will be completing driver's ed and they will get their permits at the end of that or their licenses. Nov/ But they won't necessarily have a permit to park. Douglas/ Right. That means they will have to park on the streets. The sophomores, there is 100 now approximately and there will be 200 then will be parking on the streets. 50- Horow/ It is a loose situation. We even have a city High parking sticker on our car but Kathryn doesn't use it every single day of the week. Maybe once. But they have them just in case and so that is the numbers that you are quoting. We did-I was at the Parent Teacher Association meeting the other day where these three plans that he is talking about were presented. I don't remember the timing of that but I can't imagine that it wouldn't happen until after the snow or certainly until spring time takes place. We have got a problem here. The neighbors have asked for prohibition on one side of the street at all times and prohibition from eight to five, Monday through F011894 I I ! H I: " ! L'."'.' .,.",...- , , 'I'. , \ , ' , I , ' : ' I, ~I.' Iii II Ii: 'il !! ir 'I;' .P' I C I I; I I:) " ! 1 \iJ ii ~ -,. "1\" I I I I 1 F , ~ ~ , i ; l~ , I' , , " ! I. f I I I I 1'.' , ' -" '/i-' , ',',,' , - -, 4" " ,,' ' ': t./:",I ,<..', ...,:: ' " ' ,- / ", '\1 , " , #3.G.(6) a-d page 3 Friday, on the south side of Dunlap Court and similar arrangement on Third Avenue. Kubby/ For A. and B., parking prohibition on the west side of Lowell street and north side of High street, these are not the whole sides of the street. They are for a certain footage from the intersection. It is, I believe, more of a safety concern. I don't have a problem with those two. The other two I do have a problem with and I would also like to revisit Morningside Drive issue as a matter of fact. But the Dunlap Court and the Third Avenue, both of them are cuI de sacs. And I think I would like to prohibit parking along the cuI de sac because they are so narrow it is hard for our service vehicles, our garbage, etc., to get around there and there are some substantially sized trees in each of those cuI de sacs which get damaged when there is not enough room for vehicles to get around. I don't have a problem with prohibiting parking on the cuI de sac on Dunlap or Third but I do not want to prohibit parking anymore than already is on Dunlap or Third because currently is 200. There is no parking on the west side of Third Avenue 200 feet already and I think that is for some sight distance and intersections concerns. Nov/ There are people parking there in illegal fashions. Blocking driveways and things like that. Kubby/ They have laws to take care to that. Nov/ They seem to ignore the laws and that disturbs me. These are kids who finished out of driver's ed. If anybody should know those laws by heart these kids do. They are really not unaware and that disturbs me. Throg/ You don't mean to suggest that only students ignore laws. Nov/ No. No, that is not true. Of course not. But we cannot say that this is somebody like a University student who just came to Iowa City who hasn't been here and doesn't know the distance from the curb or the distance from the driveway regulation. These are kids who were just trained. If anybody knows the rules by heart it is these kids. Horow/ C. J., I would like to ask you if the student senate has made any attempt at education or let's try to work with the neighborhood and don't park in somebody's driveway type of campaign. Douglas/ We have got clean up neighborhoods campaign because that was one of the problems expressed by the neighbors on Morningside. To try to control the litter problem. As far F011894 ,~ - --'. ---...", .--. i I' I Ii I " il: Ii " Ii " Ii ;1 II ' I 'I ~, , i; 'il " I: t:~ i , II , ! " i OJ I . , I I " J , Ii , I , , 1 , I 'I',: 1 f . ,I , , I ", ......,. - -~"l I 1 I , . i ! ":.:,,j,.-,-,.....,.. -, ~-......-~ tt-'........- ....~ ' , , , I.'..,. . 1 - -' -I li- " ' ....', , ,t I .I " ;,,-', " .' " " ~ '. , .. ' . . _.", __ 1'" / ,~' \ S' #3.G.(6) a-d page 4 just as in parking too close to the curb that is just a general problem that is talked about all the time just in general. It is just a big thing. Nothing specifically has been done but that kind of education is occurring anyway. Nov/ My concern is that these are not people who need education. These are people who have had driver's education. These are people-they know the rules and they don't obey. Douglas/ I would think then that that is a police matter and not- There is not a lot we can do about those kinds of people. Nov/ This it something that the student senate or somebody who belongs to the school has to do something about. Because the neighbors are not going to be home to complain. They are going to corne home and find the driveways blocked. They won't get in. That is not right. It happens far too often. Kubby/ What essentially is a Darrel Courtney prediction about what would happen has corne true. And it will continue on down Third Avenue past Court street and the next neighborhood. Horow/ I mentioned the word regionalization last year and this is exactly what has happened. I knew it was going to happen. What we are faced with though it's the school senate asking for a delay of I would figure of approximately three months. Maybe four months. Of course we really don't know that. That is the problem. Douglas/ Until we can get the parking lot built- Kubby/ I am not sure it is appropriate to do it after that. I mean, Chad, I can't remember his last name, someone wrote us a letter saying public streets are public streets and that prohibition of parking should be taken under consideration of safety concerns and that was a very powerful argument for me. Horow/ Thank you. Kubby/ So instead of-usually we vote on these things all at once. I would like to break up A. and B with C. and D. I would like to move that we-I don't really know what the language is because it is under correspondence but I move that we approve the parking prohibitions as outlined under A. and B. Pigott/ I second that. Nov/Are you saying that you want to vote against C. and D. Kubby/ I want to modify them. FOllB94 - ..... ..,-,...- ... ~ ':' , i , ; !J' fI I Iii " I!, " I, 'I' ( I; , - " '1:\ : I' ',,' !,', Iii 1': II i " " 'I " " ! ,I ,\ ":1 .I, ,.. L i I: I' I: Ii j j : .' ~ j i I I' , ' ~ ! , , j i i I I I I , I I I : ii, I I .1 , '!' " \'i "'If''' . ........ ~ ~.';. '::-,...~----'..' ..,~~ -~......~ "'-'........----- ---"'"'I;IIJ. ... --- ~If . ... ---. po -~ ~ I .... -.... ,~ ~ \ " . '. . I, f-I '~/' L:f, (,-t ' ' ':,,'" " , " "I , , r . , , , , . . " \ I ;. "-~ '. " ~ _. / I,~ . Y :. ......-- ", ~-_.-., .._~ #J.G.(6) a-d page 5 Horowl There is a motion on the table to approve prohibitions for Lowell street and High street in (6) A. and B. Is there a second. pigott/ I seconded. Novl I would second for the purpose of discussion. Horowl Discussion is open. It has been moved and seconded. Discussion. Novl I would consider on C. and D. a deferral because I expect the parking will be constructed this summer. Horowl We are dealing with A. and B. right now. We have separated. There is a motion-I thought the motion was just to separate. Kubbyl No. The motion was to vote on- Horow/To approve prohibition on A. and B. Novl Okay. Sorry, I didn't understand that. Horowl Is there any other discussion. Roll call- Just a motion. GentrYI It is part of the Consent Calendar. Horowl But then it is part of an extraneous. GentrYI Go ahead. Motion. Horowl All those in favor signify by saying aye. (ayes) Okay, A. and B. have been approved. Now do you wish to make a motion to deal with C. and D. Kubbyl I would like to modify the prohibition. Actually what I would prefer to do is to throw back to our traffic engineer the idea of prohibiting parking only along the cuI de sac because of garbage trucks and snow plows and other city service having a hard time getting around that cuI de sac safely if there are cars parked on the cuI de sac and not prohibiting it in other places along those two streets that are not currently prohibited parking. Horowl Karen has introduced a motion. We have no second. Kubbyl I will make that a motion. Bakerl I am sorry. I was doing my imitation of John McDonald. FOllB94 '--'~." " -1:1I ""'-- - ~ , ' l! i. f I i I: , I j I I' !: I , : I' I: Ii ! : I ~ :i' L I" v i' 1 : 1 , I I i " I ,I I Ii , I 'I 1/: I, { i: " " , :~ " " Ii .~ 1 I: il I" ',1 I I I, i 'I I J /. '! i " ii " ! , oc,.,.,- ""If'r. ,i , / I"j '! ----- ----..---...,-----.,., I I I I ~ I I ',':...., ......"......- -.........~ ..'.....--- - ~ ~~....---------.,~- .......-. -... -.~ \.........-'....~.---- --- ,. ~ 1 I ' -' -,' 1'1' '!'' " ',," '" , . ' L I " :, 't_ ,;/ t " ", ",' 'L>' '" , ';. ,1_. ' " 'I ._ . '''. _ J', I.~ , , ,I I> \ , 1 I ",' --.... #3.G.(6) a-d page 6 Kubby/ The motion was to give this back to the traffic engineer to look at prohibiting parking only along the cu1 de sac. Baker/ Second. Horow/ It has been moved by KUbby, seconded by- Atkins/ Before you vote. Is that implied. What we normally do, for some of the newer council members, we send out a card, a postal card survey and if you are going to change what they saw on their original card survey do we not have an obligation to send something back out to them and say look. We will send them a new card survey saying the proposal is to do this, what do you think. And then we can get a reaction back. Is that okay. Kubby/ If the traffic engineer says that-I guess either way I would like to hear. Atkins/ Okay. Baker/We don't know what the proposal is yet. We just want to revisit it. Atkins/ Jim, for the newer council members, Jim has traditionally, unless it is way way out in left field, is very much as supportive of the neighborhoods. The neighbors are the best judges of what the parking needs are and generally go along with those. Horow/ within the context of the existing construction that is going on at the school and the proposal, because they do have three proposals they are considering right now. I think if this was explained. Atkins/ There are extenuating circumstances I think and will have construction activity going on in the neighborhood. We will get back to them and say this building is going to be finished next month or so and the parking- Remember like Kirkwood community College and all of the troubles we had along Lower Muscatine at the time. , , KUbby/ But we have to balance the whole community's needs. Horow/ Exactly. But we also have a school safety meeting coming up the 26 of January at 10 o'clock. Atkins/ February 1. Horow/ February 1 at 10 0'c10ok and we certainly can put this. F01l894 "-"."'-"'-. \ II 'I Ir I:; 1\ I,. j,' r: II r I i~ :i --.. -- ~~ --~, ~- ~ - ~r - - ~,...-. , . . ., ,. , ': ,n' ,/-/ Lf j'7~, " "", ,', ',' , ,; '-.' , ,'~ -.', '. ' #3.G.(6) a-d page 7 Remind me of this. We can put this on the agenda to Mr. Palmer. There is a motion on the floor to send this back to the Traffic Engineer to modify it and send out new postcard survey. All those in favor signify by saying aye (ayes). Novl We didn't get any discussion on that. Horowl What I would like to suggest is that because we have dealt positively on both motions on sections (6) A" B., C., and D., should I now ask council to include this in the agenda with a roll call. No. You are finished with it. Chair would like to call a break. I I, F011894 I " , ,','j /, i ~,j,"_',,:,;,..~'J"--"- , ':n..-...' , ".".-,...' .." . --,~..'"..,.. ,". ,.,,',.".,-',....""".....-.. ..,..,..,..--,.,.,.,...,...-.......',.'.. ..-..-...'.......e ,;-.:,;..:~, , i .'\" ';......:1. --.- .- I I I , ! I J , i i ,i j1,/ Ii II II Ii , - I' : 1\: ~ Ii II: \ ,I '.- \; ,,!' ';:1,: ' 1:, ", ,.,":; , ; . ':.',.;~ r,';;' .> 'I''':;' ','I:" .. ... I ',":-'-,1, ' "'":''',''' ;.?'::~:::' [1':'-:::" i 'I', - ~", I , , , " \: ' , Ii, ;\ . I I " , 'ti ',1. ' \ /") \'1' ~\;,;.;~;;,..\---- ~, ' I" ..." , : - - L4 ~- , ", , , , , : ,t I ',:', /, .', ,~_.', , -: .. .. ,,' :, . -., , / ;;\ " J '~... -~' , ' -. -:: ::::.::.:::._----- ~ #7 page 1 Horow/ (#7) Moved by Kubby, secinded by Throg to consider the resolution. Any discussion. Lehman/ Just one question. We are talking about getting the bids back on February 8 and we haven't even gotten them drawn up yet. Horow/ No, no. That was the advertising. Fosse/ The plans and specifications are prepared and the perspective bidders have been notified that they will be available. ' Lehman/ That is all I wanted to know. That is fine. Horow/ Great. Thank you. Roll call-ryes) F01l894 ":'.""'-"""'".-,, ..."'~'.' . '~"'_.''"'''--", ...'., "--.', .,..-........,--'..' -- ,.,. .'....". I --~'''''--....''- I ! ! I r 1 ; 1 : i ~ I' . . , , I I I: ! I I I , i I , . , ! , I,. !i ! ! I" ,i T:i 'II II :1 iI " . ;; !I .' II,: I ,,' , , I,,',' :' "./': '" 1'-, ! Ii , ,! , I I',.. ,;:. , :' , , , I ':i """'I'. - i j , " ~ I ! Ii 1 " i' , , ~ /' i! ,I 1 , 'I ~ .. I I I "",."0..'. - ~ ___~m-..._ ',,' CI" ,/-/ ' CI'" ',tJ :' ',' ':.... :- . .L. ','. '. .j r. 'I:~ . ,'" " ,:.'., . ,. / , \ 1 .~, 18 page 1 Horow (#8) P.h. is open. Sandy Richard M. Rhoades/ I ought to get a stamp to do this. I live at 2014 Rochester Avenue and I would like to say that I strongly support this resolution, ordinance, what is the appropriate term. Horow/ It is a contract. Rhoades/ A contract. However I did notice two potential flaws in the contract in a very brief examination. First of all Dr. Drake's original concept plan said that you require water depths in excess of three feet. In other words three to five feet to support minnow populations over the winter time to keep the mosquito population down in the summer time. The current plans only for two -three feet and does not provide for a deeper hole for the minnows to survive over the winter. So it will probably have to be restocked every spring. If you look at the-at one of the plans and I just have a tiny copy that is not the right size anyway, there is sort of a horn that extends southward off of the main wetland that has the island in it. The main pond or whatever you want to call it. At the juncture of that inlet and by the pond there could be a deeper hole that could give you some potential for having minnows survive over the winter time. There is that criticism. And then secondly I was looking at the list of native species that was going to be planted. Looked wonderful to me except one small omission in that some native species have been selected for domestic purposes. Your contract does not specifically exclude those and how did I phase it here - those domesticated named cultivars of native species. One of them in particular, switch grass, has some very aggressive ones that might otherwise meet your criteria and could expand and totally take over the whole area if that particular genetic line used. And there really has to be something in the contract that would specifically exclude these every aggressive cultivars. So- Throg/ Sandy, could you very very briefly explain to me what you mean by have been selected. Rhoades/ This gets on the real border of my knowledge but people have gone out and looked for particular strains of these particular plants that are used in CRP land. The Conservation Reserve Program that will seed very easily and take over very quickly and they have absolutely uniform genetics. This is not what we are after. We are after a natural type of setting. Not a domesticated field that is suppose to approximate some sort of native setting which it really isn't. There are probably others out there that have been selected , i : I; " !, I Iii II II! I! J1: Iii iI I" :i II' I' , " , .. Ii fi ,. i !,.' i I;' I" I: i.I " Ii , , I " I " 'i " ';i , r I 1'1 i I j Ij i I :i 1./ I , I " , , i i ! i. :i F011894 ;1 I ! :'1 ';( 'lfI/If'''. ~ - 1 I l E ! I ! , " P. ,! ~ 1 [~. I ! ~ "1~-----..-......~ ..-,.."...- , , i. ,', t'-I : ''':'" U'C.:., ; ':' . ,", ~', ' ,I, - ~ . ~":V '.. ".' . ,,'., ' , " H ~ _ ' - / \] 18 page 2 out of the wild gene pool for these very domestic characters. But they are still native species. Horow/ I have a question for staff. Rick, is this something that we are able to do in terms of selecting out aggressive cultivars. Fosse/ With us tonight is Scott Wallace, Shive Hattery Engineers and Architect, and I will let him address those questions. Scott Wallace/ With Shive Hattery Engineers and Architects. I was the design engineer on the project and I can address some of Sandy's concerns which I think are very legitimate. First of all his comment in regards to the depth of the wetlands slough that we have created. Three to five feet is the target depth for having enough water all winter long such that minnow populations in that slough can over winter. That has to be traded off against some potential safety issues of having this be an area that is suitable for people to go walk in, potentially children to go wading in and we quite frankly reach a compromise of a maximum depth of three feet because of the safety issues. That may certainly require periodic restocking of the minnow populations in that slough. We could certainly modify the plans to create an area of deeper water if that is in the city's best interest but in the design process we were looking at the desirability of being able to over winter those fish populations but we also have the safety aspect to deal with. The second comment of Sandy's that is again a point that is very well taken. I think what he is trying to say is that ideally we would like to use wild varieties of wild plants. Not commercial or domesticated strains of wild plants. We have already restricted the source of seed supply in this project such that it has to be indigenous to the upper midwest and it has to come from a U.S. Department of Agriculture zones 4 or 5 which covers this area of the country. The reason for that is we want to exclude some very well known cultivars that are grown in Kansas, Oklahoma, the southern Missouri that do not have the appropriate germination for flowering and seed times for this part of the country. We have discussed internally the option of trying to specify wild varieties of wild species or more specifically exclude any potential commercial varieties and it becomes an issue of how you enforce that in the contract and how the individual can really prove to you that he is indeed using a wild variety of a wild seed type and not a commercial variety. Horow/ Thank you. Kubby/ Even though we might not be able to look at the seed and F01l894 ---,.... ---. , , I i , l,' \ I' II: 'I Ii I. il ii i' I,' rI I' , 11 " , I ~ : , Ii ;1 I i:: II I' I i; ! 'I "I ,;; I I I ,I' I I! " : i! ';1 I , ). " ; ':i "IIIff'''. - I I * I ! I I I " ~ t,;"., .,..--"-- - -- ~ -- ............-.........---.....------- ~., ~ '1----..,,-, -~--- ~ -;.-,~... . \\." ....- .. --. , , , ',' " ~' . I" " ' ,'. ' " , ' - , 't "'" . 'L I " ,/ ,I, -I ,'1 " ';', ';' '.', f~ ..,:, ~ ".;.,' _" \ ' '/. .. '. ;' / //'\ 1 , , \' ......h___..... 18 page 3 establish exactly what it is, is there something in there that will speak that issue so that it is clear to the bidders what we are after. I think it will be fairly clear but the more explicit we can be in our contract the more what we envision will actually happen. Wallace/ Right. We could add a statement to the bidding documents that states that we do not want to see these commercial varieties. We want to use wild types of seed and leave it at that to try to explain to them what we want. Like I said, that would be a very difficult contract provision to enforce in the field and on the job site. But we can certainly add that to the bidding documents to clarify that situation. Kubby/ If we wanted to amend the language to include such a sentence, Linda, can we do that tonight and still vote on it. Gentry/ They are on file-I would not say that that is a major substantive change. They are on file in the city clerk's office. Wallace/ Yes they are. Gentry/ Give staff direction to that affect. Fosse/ If you have desires for changes on this project they can be handled by addendum and that will not affect the plans and specifications that are issued tomorrow. They will just be an addendum that will go out to amend them at a later date. KUbby/ If we wanted to so that tonight could we add them as an addendum for tomorrow night so people on the very front end know that. Fosse/ It probably won't happen tomorrow morning but it will happen soon after that. Whatever you decide tonight we can incorporate into the project in a timely manner. KUbby/ Thanks. Horow/ Is it your intentions that you want to go into that this evening. Nov/ It is a one sentence addition. Horow/ Is there anybody else that would like to address the council on this. Dan Daily/ I live at 17 Regal Lane just a couple of blocks from this site. You Honor and members of the council, employees and F01l894 , ]. - ----., -.-- ;; ;: i i i j ~ ! ; , ; , i I ! J ,'" " r i , I I: , " I Ii I i I 1 1 I , I .I I I i i , 1 I I i I , , , I, I, I, Ii II II' d " Ii !i ~ il n: \ I" " '\i. :j '" " I;' J: I; , ii' :( 1,/ I I I I I II 1 "''''11II''- "'fI("". I I ....... -- "" -----.. I ! l f r , k \ i~ 'i r ~ , l~ ? r i. ~ ~ ~ I ~'" ,.-, ," -~..... ~ ..-' ..... -- - -- -....,--. ... --- I "', t~/' "~/" '171" -t'" , ".':.' " ' , I . . ./ . ',. , , .. ' .,'. '!., ,",'. ". . ,. ~ .. , , ; ',' _ - ',." . ,- 1 -, ' / ,', \ I #8 page 4 fellow citizens of Iowa city I am here tonight representing the Grantwood Neighborhood Association to express our support and our appreciation for your support of the Whispering Meadows Wetland Park. Our state is one of only seven that is lost more than 80% of its wetlands. USDA Soil and Water Conservationist for Johnson County Wayne Peterson places this loss at over 90%. While we may celebrate the productive uses to which former wetlands have been converted surely we have diminished the natural beauty of our land. Wetlands are to the midwest what tropical rain forests are to South America or what coral reefs are to the oceans. In no other place in the midwest can be found a greater diversity and abundance of life. For Iowa Wetlands, this includes not just birds and fish but also the plants, insects, amphibians, reptiles and mammals. Our entire community benefits from our wise preservation of the woods of Hickory Hill Park. Soon native prairie will bloom next to Grantwood School. The Whispering Meadows Wetland will off an excellent compliment to these natural areas. The Neighborhood Open Space Plan adopted by this council on July 20 last year found a deficit of open space in the Grantwood Neighborhood. Since this study was completed, steady and rapid growth has continued in our neighborhood. The wetland park will favorably impact this deficiency. But far from being a neighborhood park, there seems to be every reason to expect the unique attractions of this site will bring people from all over out city. with this in mind we hope that council will take no action precluding access to the park from Lakeside Drive or Hollywood Blvd. for future development. It would be nice to have a spot to put a school bus or several cars without crOWding less arterial streets and cuI de sacs which are now the access points to this park. Of course the task of restoring a wetland that has been farmed for six decades will not be easily not quickly accomplished. The present plan originally conceived by Professor Lon Drake and refined by Scott Wallace and Joyce Powers seems to address the complexities and limitations very well. It will take a few years for the vision proposed in the plan to come into focus. The area will certainly not be pretty after grading takes place and before lush vegetation comes into bloom. We welcome your assistance educating the public about the process of creating this park and enlisting volunteer efforts to bring about future enhancements such as those that are suggested in the Shive Hattery blue prints. Our neighborhood looks forward to sharing with the wider community the joys of catChing tadpoles and Chasing dragon flies and watChing great blue heron. Thank you very much. Horowl Thank you. Carol Thompsonl Tonight I am here as a representative of the I, i I i , i " ! I I 1\ II Ii Ii: I: 1\ I: I: :! " Ii" n If 1,: , ''/' I II " " \' i ,I , . " .; I F01l894 d - ~.......,.. ...,...". ~---~ ~" -~-- "-a ~'.. ~ ..,. ...... \ , :1, ," I I, ~,,:',.,...~"_.. \\! " - ~ ......--...,..----------"""f~.... - - ... _.~ :' n., ,.,-{ ,',ti" ,Ft' ':. ""',,, , ; . ,~, ,,, , ~ . ' -~,,', .' ' , / //\ :' 1 L " , .....---------. ':&, #8 page 5 Society of Wetland Scientists which is a professional of organization of the wetland scientists. surprisingly enough. I, too, am here to support the Whispering Meadows Plans. This is an excellent opportunity in an urban setting to allow people to experience wetlands. I would support one of the previous statements made about allowing access because one of the things that we have seen, for instance at Huntley Meadows in the Washington D. c. area, is that use of such a wetland park is enormous. Matter of fact there is an article in Audubon where several of the legislative staff said that this is where they go to think. But also in terms of the school groups and things like that. We have nowhere and I have been approached by several school groups often to do some sort of wetland thing. Our nearest one is quite a distance and I think that this will be actively used by school groups in the future and others and so that I would urge you to adopt this and perhaps consider adding to the educational facilities in the future there like the signs, brochures, etc., things like that. Thank you. Throg/ Thank you. Horow/ Is there anyone else. The pUblic hearing is closed. FOl1894 .'. .~."'-' ,,', '.., ..,,' :',.,": . .,,;.',. ," u \ ... _.,n ~ ~--,-. -- I I I I ,,' j j \ i f; ii' Ii II II I, II '['I, - . "\.. J-'. ')\':" . ,I , I , ,i I" 'J! " \,';' ;,. ' , ,'. ~ -: i'-, , " ~ " Ii I. , , , " f.' :.'.' - ""'If". -- - ""1~ --;- --~...... \.& -..-'........ - . , , ." ' J" I , t-I '-/' 1;-;/' li-' - " " . /. ,~ t ' . , I" '. ,\ . ' . , , . ' " ./\ . ,. \ .' . ,_~ ,- t.". 1- I / ~ \1 ~" Agenda Iowa City City Council Regular Council Meeting January 18, 1994 Page 11 ITEM NO.9. 9'1... lo CONSIDER RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR CONSTRUCTION OF THE WHISPERING MEADOWS WETLAND PARK PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS AT 10:30 A.M. FEBRUARY 8,1994. Comment: See comment above. Action: /ltidf /1/tf h//_~?1) ITEM NO. 10 - ANNOUNCEMENT OF VACANCIES. M ~'_~ % a. Current Vacancies. (1) Board of Library Trustees - One vacancy for an unexpired term ending July 1, 1997. (Gary Lundquist resigned.) (2) Civil Service Commission - One vacancy for a six-year term ending April 1 , 2000. (Mieh8ell(enne~';'s term ends.1 - , /l!Of"'O.J Lo,,\S These appointments will be made at the March 1, 1994, meeting of the City Council. b. Previously Announced Vacancies. (1) Historic Preservation Commission - Two vacancies for three-year terms ending March 29, 1997; one for a representative of the Woodlawn District and one at-large. (Terms of Douglas Russell and Ginalle Swaim and.) These appointments will be made at the February 16, 1994, maeting of the City Council. M ~ ITEM NO. 11 . CITY COUNCIL APPOINTMENTS. V ~,~i! J oill a. Consider an appointment to the Broadband Telecommunications Commission to fill two vacancies for three-year terms e'nding March 13, 1997. (Terms of Tim Finer and Joyce Patton end.l Action: A~ -~ !w.u ~DA) ~ f!.i.t'/ ~I4<-tIlMA) b. Consider an appointment to the Assessor's Examining Board to fill one vacancy for a representative of Iowa City for a six-year term ending December 31, 1999. (Alan Bohanan's term ends. I I \ , , i ;' ~ ,Ii ".....'.. ,j.:, ~ l1\c-f).'MlM Action: , , I',. " -~~-- , il l I f. Ii I i! i II! ir " Ii ~ ~ ! ; , ' :\ i'- i 'I:; I 'i 111 I I ! .. 1 ~ I I 1 I i I I i I I i , I , d ..,..", ~ " I J, J ), , , il! " ....,...".. ...... ~~ ------.....-., ~..... ~ -;'...... -- . -- ~-.. ........----- -,~ ... i I I I ! " , r..-,-':,.'..:....'....,.-' ... --- ...-.~-,...--. I , " I > ' CI ::,"(/' L't ' /,-t ,:., " , :.' t...:..- . '..' '..-:..~:-t.\ ~V '.' , / />\ " J , ' '-, '-j -- - -~:::....._,--- '~ -.....-.-- #9 page 1 Horow/ (#9) Is there a motion. It has been moved by Mr. Pigott, seconded by Mr. Throg. Any discussion. Kubby / I would like to amend the specifications by adding and addendum or the appropriate from to add the sentence about Horow/ Are you making a motion to do that. Kubby/I am making a motion to do that. Horow/ Is there a second. Pigott/ Second. Horow/ Moved by Kubby, seconded by Pigott to amend the contract to add an addendum to the contract that will go out for specifications dealing with the cUltivars. Just the cultivars or the . Any discussion. All those in favor signify by saying aye- Throg/ I am not sure that Rick is clear about what we are addending. What the addendum is. Are you clear-okay. Horow/ Okay we are going back to the original motion with the amendment now to adopt this resolution. Roll call- NoV/ No. Horow/ No, no, no. NoV/ I hear people saying there will be a lot of school groups and there will be no room for school buses and I need to hear Rick or somebody answer that question. Atkins/ Susan, that was a question that I was going to ask. Rick, are we precluded at some time, I know the words are not good, but are we talking about building a parking lot. I know those words hurt but that is what we are talking about. Getting buses off of the street so kids can get at- Kubby/ Why can't they make arrangements and park at Grantwood and have a hike to the wetlands so that we don't have to have more concrete in the park. There is some reasonable distances there that we are talking about. Atkins/ I think what is going to happen there, Karen, is that the neighbors are probably going to have a little trouble witn that idea because of, for example, on the weekend they think F01l894 , , , , I , i , J: j I , I J' I, I i j I I: I: ! i I, , , I" Ii ~ 1,1 'II I' II: !l I 'i !.. r: ':j :i:: \ I,j "/,.' I '1 j" (, , , " '" I I I l' ~ " r, t 11 .' J 1,; :i \. ~; I' ~l .' :1 ~ " j n ~ . : ! :~ ,\ i' .. , . . , , I ,', -"',:-:-, "'C ,:I t ,', ,', "'. "',,' f I '" , -t ,.., , ,., ,". '" ~,",.." ", . , , , / .' i' 'i , I, " . ~ --- ", '" #9 page 2 they may see parking along the street, Lakeside Drive. I think- My impression is they are willing to wait it out. I suspect that sooner or later there is going to be pressure. I don't want to speak for the neighborhood but I suspect something like that could occur. Novl Yeah, I suspect also. Horowl Rick- Fossel Currently, as I pointed out, first of all let me show you what this is. The green outlines the park area. The brown is the trail. The blue here- Horowl RiCk, excuse me, could you possibly slant that at least one camera can pick that up. Fossel The blue is the slough that will be constructed. The larger blue area is the storm water detention area that is already in place. Access points for the park currently come off the end of the cuI de sacs. The potential exists in the future for us to extend the trail around the northside of the detention basin and link up with Lakeside Drive at that point. But right now we don't have enough money in the budget to completely finish this trail portion that is going on now. We have got a little gap right here where a boardwalk will need to be constructed. We hope to use volunteer labor or inexpensive labor later to accomplish that. So a trail around in the north is a potential item for the future. Horowl And where would the parking take place right now. At the cuI de sac. Fossel CuI de sacs and Whispering Prairie Avenue. And I don't think that there is parking allowed on Lakeside drive right now. Horowl Okay. Thank you. Atkinsl Is there a spot that ultimately folks could come in and say pull off immediately before even entering the neighborhood and then head into the park putting in a paved surface if that was necessary. Fosse/ I don't think so. Novl I cannot picture a school bus going into a cuI de sac and backing out again. Atkins/ They are going to park on Lakeside. F011894 . -.~'~"-, , '--.-.- ---~ I I I' , . i. 1 , . i , i , , i I I i ; I j , ) , I i;, ;. I ~ Ii . II Ii II; ~ i II i:. ,n Ii " il I'; I ; ,1 " ") .:; ~ I . ; I I [' I j ~ ;1 J 1 t I 1 . ~ i J I 1 j I ! 1 I i , I I I I I I I I i , Ij i 'I I , .1 I~' l [, ii , , ' I, , ; . " ! i\ " , ! ~ ~ ,I I I) " ~ ? 11 ~ 11 :~i fl ~ .1 ;;,:.;!l....--. . i, '" 't-I' '/':"l . 'C: ,':1,:, ", " '.'" " " ',,:,., .',' " ' " ,', ' ' ;, ," ~I - . , , / , '1 <!..' '-- #9 page 3 Mary Lewis/I am with the Grantwood Neighborhood Association. I just wanted to point out something on the map here. Horow/ Would you sign in Mary, please. Lewis/ One thing I would like to point out is that the area, I guess this doesn't show too much, but the housing around this area which is where the accesses will be are are duplexes and it is a very small cuI de sac. So I don't think that there is going to be a lot of parking for anyone to park along those streets. You have to come in from Lakeside Drive, go down through the neighborhood to get to these accesses also. Something that we had thought would be ideal would be if you or someone could settle on an entrance area for the park. Right now it is just kind of random entrancing through the neighborhood. You know, if there could be an entrance on this end somewhere with some parking it would be perfect. And I realize that some of the property-this property here is not developed yet but it is prime property so I don't know how that would work. Maybe even something-of course you would still have to go through the neighborhood at the other end but there isn't really a good place to park right now and there is no parking on Lakeside Drive and it is a busy road and there is more housing being proposed along that street so I don't know how that will work for parking. It will be Okay in the short term. In the long term when things get going maybe it won't be. And so i guess that is up to you people on how you want to handle it but I think it may be a problem in the future. The thing I hate to see is this land around here that might be available won't be available by the time it is needed. It will be- Horow/ What land is available. Lewis/ The land that isn't developed I should say. Nov/ Where is Grantwood School. How far is Grantwood School. Lewis/ It is about 4-5 blocks, 5-6 blocks down. About 4-5 blocks down the street. Kubby/ But they are not long blocks. Nov/ So the potential of a school bus parking on school grounds if they came from somewhere else and then walking. Lewis/ They could cross Lakeside and then walk. Nov/ Is there a safe walking area there. F01l894 ~--'-" .--- I:! Ii I . I; I I ii ,I I , i ;, i. '1:1 , ~ \ - i'i i:,: ( l:~ " I i ij i I ,{ .,: i . I i ~ ij l , ~ " ! " l I u I I y 1 , f,/,,;'.-'.-..,. . : < '-,' - . '1-' a " '" '" ' r 'I .I" t,.:.. - ':u' . " ,', , . - . " :, , "t', '__ . " . .," -, ;' / I /, .\ 1 .L , ~- ....--. #9 page 4 Lewis/ Lakeside Drive is getting busier. crossing it can be kind of difficult. They can cross Lakeside Drive. They have to cross about four or five streets to get there and then come up in the neighborhood and down the cuI de sac. So it is kind of a long walk if you go to these accesses. If they open one up to Lakeside Drive it won't be quite as bad. They won't have to go right into the neighborhood to walk there. Horow/ Would it be about a ten minute walk. Lewis/ About 10-15 minutes. Horow/ So that would take about 10 minutes off of the walking tour around the wetlands. Nov/ Takes 20 minutes off. They have got to get back too. Lewis/ Again, it won't be something that they really need to go see for a year or two. It won't be really ready but it is something that with the property that is not developed around there I don't know if there is a possibility of that being anything useful or not. It is something that we wanted to point out. Horow/ Thank you, Mary. Thanks, Rick. Kubby/ Steve, were you going to say something else. Atkins/ No, Mary pretty much articulated what I was trying to think about. If there is some other way, privacy entrance through the cuI de sac can be an attractive feature and it can also be an unattractive feature depending on your perspective. Well, if the park is going to be ended up being more for regional nature and start drawing folks and if we do in fact do the educational efforts that appear to be of interest. I think you are going to find yourself stuck. You are going to have to have some sort of a parking facility assigned where you can pull in and park and head on into the thing. The only thing I can think of is just immediately to the right there. We may have to purchase a piece of ground. Let us look at that. I wouldn't hold the project up. Let us go back because I think those points are well taken. Horow/ Okay. Is there anymore discussion. Roll call- (yeses) The resolution has passed. F01l894 ---..... ._~ , , , I f I , I , , j . ! j I. 1 I i' , ] , . " I 1 I i I ! , , J ! l , I I I , , i, , I :/ I; " II! If Ii !1 Ii 1 ij ,I \, 0\ " 'I' ' ,I i" Ii' I! ~ ;1 " i " i ',j' j I I, ;1 I , , ii -=-~1IItIIf!If"'".. ..... -,---~---... ~-~,;"........---------""'QIIIt'. ..,-----,- I .',' t"";I' :-/' c' 'I~ ,: " ' , , . ' .',' , "',' '-t. , ' , ' , ; ~~ , . _. .', -. , . ", - . ': / /\ , J " '...:---------- "'--------- ----~. ~ #10b page 1 Horow/(#10b) Nov/ I would like to suggest that since we did not have anyone apply to the Senior Center commission that we add it to the list again. Could we do that. Horow/ Thank you. Sure. Pigott/Yes, I would support that. Nov/ And shall we say for February 15 or do we have to delay it longer than that. Karr/ That is a council decision. Typically we put it on for 30 days. Nov/ That is four weeks. That is pretty close. It has been advertised so many times. Horow/ What is your pleasure. Kubby/ Put it on again. Horow/ Put it on for another two weeks. Okay, put that on again. Nov / For February. February 1, okay. That is not what I was saying. I was asking for the 15th because we are not getting anybody. There is no reason why we couldn't do February 1. I will go along with that. Horow/ Okay. February 1. Ii 11 ~ I I:i 'I I , i i , I ; I ii, I. ;\. i--" .\ , I': Nov/ Maybe we have to say that you don't citizen to be on that commission. understand that. have to be a senior Maybe people don't Horow/ I think that is very real. I don't think people really do understand that they do not have to be a senior citizen to be on the Senior citizen Commission and we urge you to consider that appointment. ,! F011894 " I , 'I' " j 'I ~ ,-.;:// '.1 , ~.,;..,;.;-~,:"".,--'- --".""'''''.'' il , " I i" , i , , \d .'i " , ,; " .'1 I <, ,! "I 'f/IIIIII//If""" ~ ~"'1----..~ -.--- ~ .;,,'......~ - -- ~~ ....------..,~.... ~ 9" ~.. -~............,.......-----... ~...", , . " , , . ~ , ' . .\ ~ , t-I' '. -,' . c c.. , " :. , ',,' ", '-t" "~I,'" , , ',," , \', . , ' .. I . ....u. . _ ; -" -, - / i /^J .>- ,.' - -~._- ~ '~''''' ---,...- --- Agenda Iowa City City Council Regular Council Meeting January 18, 1994 Page 12 c. Consider an appointment to the Senior Center Commission to fill one vacancy for a three-year term ending December 31, 1996. (Re-advertise- ment) Action: d. Consider an appointment to the Airport Commission to fill a vacancy for a six-year term ending March 1, 2000. IPat Foster's term ends. IContinued from January 4, 1994.) Action: ~ ~) .{~! '1~r (j~t/1r I'~ ITEM NO. 12 - CITY COUNCIL INFORMATION. , ~ 'k~ ITEM NO. 13 - REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY. a. City Manager. -{)-- b. City Attorney. -0"'" , ~..;;,.,.".. ,....., ---~.... -, '-" I ! \ I i:' ii I " I " Ii Ii' " ! :1 ,) , ! ~ I " , \ l! " ,I ~ II I' " " \1 r .- ';' 'I: i i 'I , " " ,';1 ! I ~' ',!. :j I:, ,~I ..... ..,.". ...... -'---"1 ~ ---,.,........ ,;'........-- - ---- "qIII'...-.... ---._...,~.. ---..--...... ...-~.-,.........-,,....~---------.-- "' i ,.. I " ,'_ '.' "_, -', I"~ ' " " "t ' , , ,.', \",., : " . 'f I /J ','1 '.' hi ',: i,i"',:, ; I _, ~ ,t - _, , I / 1 I I-.. j ! ~ l , I ~i: 1 #12 page 1 Horow/(#12) City Council information. pigott/ I have two or three things. First I will start out with a conversation I had with Carol Carlson, Goodwill Industries, this past weekend. I don't know how many of you are aware of her recent efforts to start up a program to pick up recyclables from restaurants and from grocery stores of Iowa City area. She has worked really hard to try to make it happen. Surveyed over 100 businesses in the Iowa City area all of whom agreed that this was a necessary. And she even made an agreement with City Carton to have her, if she was able to pick up this stuff, to have it taken by City Carton. She wanted to apply for a grant through DNR that will enable her to pick up a gravity loading trailer as well as a pick up truck. And she asked the companies that wanted this service whether they would be willing to pick up part of the cost of doing it and she received a somewhat negative reply and I think it is a really good idea. I think having Goodwill do this with Goodwill help and getting people involved with recycling and making them conscious of this sort of thing is important. Also it saves in the reduction of the stuff that goes to the landfill which I think is very important. I don't know whether we can discus at some other point in time or in another format, informal meeting, finding a way to help this woman out financially and I just like to bring that up with you folks. I don't know whether or not this has been discussed before. , i . i Ii !I Y 1: t I' , " I I; II !' " I I'l I :1 I I .I " . ,i ~j " V I Ii Ii 11 ij ~1 tJ ~! ii " , ;.; ~ I I I , l; . . .' ~ " I' ~ ~ I ! ! 1 ! ~ o " ~ '. , ;! l.~ Horow/ You know, I would suggest that we refer it to the Johnson County Technical Advisory Committee on Solid Waste because it seems to me that if it was possible to submit a proposal for DNR grant. It certainly has not come through the pipeline. I know Goodwill has already been picking up bottles out of Cedar Rapids. pigott/ I believe that the thing that has really inhibited her option. The idea that she could-she has got so much more money she thinks she has to collect in order to make this service go and I am thinking well if she could get the grant and everything else goes through and why don't we work to see that the other end of it, the financial end that yeah, we can help her manage. If we can work everything else out. I think it is just a real good idea. Horow/ Why don't you have her talk to Brad Neuman about this. Nov/ Also find out why the people who are getting their recyclables picked up want to have it done for free. They have to pay if they send it to the landfill. They ought to give her $50 a ton even if it is based on a ten pound increment. i: ,; .~ ' i '~ j i ,; , j , . , j j F01l894 ii .."" - - " , , , , " i,,' _-'-.!.- ....,.". - I i ! t, l 'I 'II \! ~ ~ ~ Ii 11 I' Ll ~'J f; \: g, 11 v " ~ " " !1 " ~ ,; . fi ~ ~ i ~ ~ ~ ~ l I I I ! , :' :......~'.--_.. - ~"~~---- ~ . , , 1 ,. " I . " " - '-/ t- -t ' , ,:: " . , , . '-' t I ',' '.I' , -t'"," " .' ' " " " ", " , .;', _ " '. '_. ,'t... .. , / I, \, . 1 ~~ ' '"---..,--- ---.. #12 page 2 Pigott/ I think that they thought that it would be a lot more money than that. So they saw it as a really great idea but they- Kubby/ There are grant possibilities from the DNR. Horow/ Anything else. Pigott/ Yes. I have number of other things. One of the other things was a thing we talk about often and I just wondered if steve, perhaps you could tell me whether the Chamber set up this ADA group of people yet. If you know- Atkins/ I don't think they have officially done that. We sent the correspondence off to them. I think it has been at least a mont or six weeks ago. Dale did a follow up letter to the DTA. I have not heard back from them. But we will find out for you. Horow/ On the 20th, you know, there is the Chamber and the Civil Rights Commission compliance with the ADA series from one to four at the library. Pigott/ Just aSking for an update on that. Two more things. We had a proclamation tonight about water and I thought it was a really appropriate one considering decisions that we were going to be making on the Water Plant and I wanted to state that the city is preparing a series of water informational meetings in case people haven't heard about the proposed Water Plant in February and March on Thursday, February 17, at 7PM a meeting will be held in the Grantwood Neighborhood, although I'm not sure where, and on Sunday the 27th will be held at 3PM in the Northside Neighborhood. In addition to that I wanted to say as we talk about what kind of Water Plant we want in the community, it's important we note ways in which we can conserve water to help us reduce the need for perhaps the need for as large a Water Plant. And I'd like to offer a little tip. Check your toilets. My tip of the night. Did you know, I don't know how many people know out there, that 75% of water use in a home is from your toilet. A quiet hissing sound, the very quietest where you can put your ear down to the toilet to hear it, is wastes a lot of water, wastes 720 cu ft in the billing cycle that you have. Nov/ Are you talking about a leak. Pigott/ Yes. Nov/ A little dripping sound. Pigott/ Yes, a loud dripping sound wastes 216 cu. ft. of water per FOllB94 ..""" J .A;;. ---...., .---- 'ii r i i, " I, , I :i I I! ! I ii Ii, I, ;f ':j.' , r L i' II :\ " . I' ( , ii II (, ~ '1 II n \ ' i" I ( , I I l , II ! I , ',l' .j' , " :~ i } 'J t ) 11 " r ~ !' l' 'i' " ,~ ' r~ ,!~ :i; : I ; , ;, , " j , I i I , I I , i I ,"/, ;i , i I , ,i \" . , , '." ~. . , . 1 _ ' ' -', ,1-, tq , f~' " , ',:' . , t I, "I _' _, / "" . {. . .-.:........:.-- ------ I i f ~ ~ , #12 page 3 day, 1,512 per week, and 12, 960 cu. ft in a billing cycle. It is significant. And knowledge of that sort of information. Help people check their toilets, check their water fixtures, help them save both on their water bill and help us conserve water for the city. And then one final- Nov/ If your bill goes up particularly that is the- Pigott/ That is right. One final thing is there are two one act plays at the Senior Center this Friday since no one came at the public information time. On the Porch and The Old Lady Shows Her Medal. They are at 1:00 and 3:30 PM, Friday, January 21. The tickets are for free and there are only tickets leff for the 3:30 performance so please come and see the show. I, j , i , i f: , I l' i i I 1 ' , i Ii I' i , \i ! [I 'II 11 .11: Iii" . 'Iii:,:. ,: . i; I' I'"~ :,/ Horow/I use to be in the (can't hear) many years ago. Thank you very much. Jim- Throg/ It is late. Horow/ Thank you very much, Jim. Nov/ Yes, it is late but I am going to say while we on water meetings, there will be a LWV sponsored water meeting February 3, Iowa City Public Library, 7:00 PM, Meeting Room A. Panel discussion followed by a nice opportunity to get all of your questions answered. So, come. , I~ ,..I<l' I I ! ,If .'(- Kubby/ I had two things. One is do we vote on accepting and implementing the classification study for our employees. Atkins/ Vote, no. It is negotiated with employees. Kubby/ So we don't accept the report or nothing directly comes through us. Atkins/ I assume we can bring you the document and show you the results of it but it was agreed early on to be subject to negotiations with employee groups. Kubby/ In a certain way I think that is a very appropriate- Atkins/ You ultimately vote on the contract, I guess you are voting- Helling/ The classification plan will be or at least it always has been part of the AFSME Contract. When that all comes together for you that will be part of it. :' I I ( ~ \ \ F011894 il \:'1 ,'-",:.:-"~-" "--.",.". , c.; ,I I , i ____ ........ ~ '1-----"" -; ~ --- ~ .; I ....... - I I I i ! ! i i ! , ~; , \....",,,.... , , ", t-I '~," " c' 0 " ',", " ,,,,",' , ". ' , . , , 'u',' ) ; ',. _ ,.. '.7 :,.. \... . " , .', . / //" 1 , " ~.-_.~----- --. #12 page 4 Kubby/ Okay. It would seem that I don't know what kind of policy issues are associated with how you are directed to negotiate but I hope that is part of our conversation when we talk about negotiations. And we also got a memo in the back of our packet about putting minutes on Internet from the city Clerk and I think she is looking for some kind of policy direction. I don't want to open up that conversation tonight but request that at our next informal meeting that we spend some time. Atkins/ January 31. Kubby/ Oh, that is that real heavy one. I feel like we need to move on this but I would be willing to wait until the 14th to specifically talk about it and I can talk with Marian about some additional questions that I have that maybe she could get answers to before that time. But she really can't move it seems without some direction from from us. Is that true, Marian. I , , ! , ! I. Ii 1, 1 I ~ ii I Iii : I I, " 'I, iT ,', ~ i ,_i iL . 1:\: / !1"11 .j'l I I 1,1 , Atkins/ The 31st could fall apart, have planned not be planned. pretty busy for you. Lehman/ It is late. Baker/ I have two wives inform me that I am not very informative after 11:00 PM so I am going to cut short anything I had on the agenda here. I was going to express my condolences to the city staff about having to stay late for these meetings but then I noticed in the Press citizen today they published the salaries and I lost all sympathy for these people. So midnight, it is a flat fee, it is all right. So, that is all. too, and all of things that we But just right now it looks , , -f'l 1 ',1 : I' n ,/ " :/. ~ I ~i ,I :I J ! :/ ; ~ ' 'I' " d, ',f; " ;~ 'I , J . , " 'I "', Atkins/ The per hour of some of the employees really went down. Horow/ I would like to comment that wEhave a special formal meeting on 24 January at 6:30 PM for the Joint Urban Fringe Agreement P.H., Room A at the Library. 6:30 PM. January 24,6:30, Room A at the Library, Joint Urban Fringe Agreement P. H. The second thing I would like to ask the public is to please shovel your sidewalks. These sidewalks are not being shoveled in a timely manner and fashion. For your own safety. For the safety of everybody else, I urge you to shovel your own sidewalks. I " i ; 1 ! 1 i I I j , , ! F01l894 ;' d , " ";':- -.. "'ff'''. - ~"'1 ~, ---...- ~ ..-'.......... -- - --- ""'QIR''''---'''''''- - -- I f I I f 1 ~. , \ ;'."",,,, " -' 1 .,', . ,- . I '- - -,', ,t I " t f r ,," : r'" :" j ,0' " t' ' , ' ,,' ' . \_. ' - - ' / ;, \1 -I. Agenda Iowa City City Council Regular Council Meeting January 18, 1994 Page 13 ITEM NO. 14 - CONSIDER A RESOLUTION AUTHORIZING APPLICATION FOR GRANT '11- I~ MONIES FROM THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT FOR COMMUNITY ECONOMIC BETTERMENT ACCOUNT (CEBA) FUNDS TO ASSIST MOORE BUSINESS FORMS' EXPANSION AND AUTHORIZING CITY PARTICIPATION IN THE FORM OF A $100,000 LOAN. c?f (:-Ii IIJI \q.t cof Comment: Moore Business Forms is requesting a forgivable loan under the State of Iowa Community Economic Betterment Account (CEBA). Undar CEBA, it is appropriate for the city in which the business is located to make application to the State on behalf of the business. ~/t!dW k~ 1 ~ tMV ~ , ; " Action: , , . j ; , i. ~ I i II' II ! I, I" I I II j " i (: l I , , , I,': ~ ' [j' I' I, j Ii " J " '; ,Ii :i , llJ ~ ~ J " , 't .I j I I' II :;' ; II ~ , I , J 'I. ITEM NO. 16 - CONSIDER A RESOLUTION REPEALING RESOLUTION NO. 78-9 OFTHE CITY q4- 2./ COUNCIL OF THE CITY OF IOWA CITY AND APPROVING A NEW RESOLU- TION SETTING FORTH RULES OF ORDER FOR T"'E CONDUCT OF FORMAL COUNCIL MEETINGS. Comment: As per Council direction the order of business has been changed to allow public discussion after the consent calendar, prior to Planning and Zoning items., b ~a/ Action: p~ /1Id- -II~ * ITEM NO. 16. CONSIDER A RESOLUTION RESCINDING RESOLUTION NO. 93.336 APPROVING A CHAPTER 28E AGREEMENT WITH JOHNSON COUNTY, IOWA CONCERNING CERTAIN ROAD MAINTENANCE RESPONSIBILITIES, AS NOT FULLY EXECUTED. ~'f'- 2:Z. Comment: On December 17,1993, staff recommended, and City Council approved, a 28E Agreement with Johnson County on the City and County's respective maintenance responsibilities for roads along the newly-annexed and subdivided area known as Windsor Ridge. Sinca certain mIsunderstand- ings then arose, but have no~een corrected, Public Works Director and City Attorney recommend rescinding the earllar Resolution and agreement because it was not executed by the County, and approving a new agreement, see item balow. The County will maintain Taft Avenue and Lower West Branch Road, and the City will maintain American Legion Road at their respective Jurisdictional standards. Y'I ~tJu /'&/?..e./ , la t-v Action: ihMJ % , i .1 ~..,.,... "ff'''. /, I , i . ~, , , v" ..... -- "1 ---..., \,,,...'M.." ""-- ..... ,,-"....... -- .~~ --...----~---...,~ .... ----...- ---. ..---.--.. -,---....,....-. --.~ -.- . ---,.- - ~ \ , . 'I . ' , " ' ',- ,rt ,:,;/h1 ::,i[ ,,' ',"', ' , ", ; .-.,.' , / / / (,", ~, , " ., "-- ----._- ~. #15 page 1 Horow/ (#15) I really like to sort of talk about this in a couple of weeks at a work session in terms of definition of pUblic discussion and wonder if we couldn't defer this. Nov/ I thought we were just talking about the public discussion section where something is not on the agenda. Horow/ Well, the whole question comes down to what is pUblic discussion. Baker/ Is that separate from when we have the public discussion. Horow/ No. No, not necessarily. Kubby/ I am ready to vote. Nov/ It is on every agenda. Horow/ I still think-you have got a situation like tonight where we had the CEBNA grant which the some of the public wanted to comment on it but we do not have a public discussion laid out for it. Kubby/ And we have at our discretion to open up- Horow/ We do but we can do this in a more reasonable manner. P/Z Commission does it. They put down under each item public discussion. If it is for the second and third vote, at least if you take it up everyone knows that there is going to be public discussion for it. Gentry/ But then it is followed by action. Baker/ But then it is on the agenda. We are talking about public discussion not on the agenda. Horow/ We can certainly deal with this resolution tonight but I do think in the way I look through the various papers that have come part of history, there is a need to have a little bit more information. Nov/ Are you saying that you want every resolution to list the words public discussion. Horow/ I think we should look at what public discussion is for and when it occurs. Hgrew/ But that doesn't have anything to do with this resolution. This resolution just says there will be a period of public discussion at this point. F011894 . '.'-~"'"-,, ,..- ~ -~ - 1 , . J' ,. . . 1 : I i , . i I' I I i !, r , Ii I , " ,. " It I, !i 1\' :1 , , 'I I' " . , I ',I I ii " Ii ~ II I'; I! I': II r I , 'i ' I ' 'I I II " I' I " 1 ~ . I ! ij' '!i J , ,)' r " I, . L. ! i ~ : ! i , ' ~! I ~ : j I' , } , j ].. i! ) , ,j, I I I I I i , . : I i. , , \, ~~--~-......--~ ,;,1....,.- ~~ ....-- - -~~- ....-- ... ~ :' "n, "':';l h'" 'I:~", ",',':, ..,,:,', . ; - - ' - ,.... / / .> 'I.., I ~: '- ---- #15 page 2 Gentry/ It does because public discussion as it has been used in past practices means items not on the agenda. And I think Madam Mayor has some different ideas about what public discussion means. Whether it includes items on the agenda or not which is quite a departure from past practices. And in terms of due process I really encourage you not to adopt a resolution where you have two diverging definitions of public discussion and the public will have no idea what to expect at them. ! r ! i [ ~ i , , 1 ~ I ~ , ,. " , ~ I I Horow/ Let me explain what happened this evening. I have been on this council now for six years and I have always assumed that the word public discussion, it is even broached as public discussion of any item not on the agenda. Not on the agenda. Okay. And people would get up from the Senior Center of whatever and I want to make sure that either that continues or if council wants to change it that it is changed. This evening we had people who wanted to speak on the pesticide ordinance and there was no place under the way we currently handle things to do it within a certain control of council. I mean we all agree that we want to move council along and not stay here until midnight. We do-the way the agenda is set up right now there is no clear place for public input into a resolution or an ordinance during the second or third consideration. I don't even know that there should be and yet I sense that the council doesn't want to thwart people when they want to say something. But this is not clear. Pigott./ But that is why I thought you handled that particular issue on the pesticide specifically rather well and I don't think that the movement of the public discussion from one place in the agenda to the next would inhibit your ability to do such a thing. I mean you did a great job. Horow/ You are talking about ad hocing it and I would like to know- this is what happened to night. Pigott/ I think we are only talking about moving the stated public discussion from one spot where it is currently to another. Gentry/ I think there is some confusion about what- Public discussion you can have any time at any place at your discretion. This is a public meeting and your discussing an issue and it certainly sUbject to public input. And you can decide that as your prerogative. You know we will limit you to a minute or we will open it up. It doesn't have to be listed on the agenda as pUblic discussion. Kubby / Historically, actually I except for the last year or year and a half it has been the council's behavior and especially the F011894 iT \ -~.._- , II ~ I. 1,: II Iii Iii ji, II' " r ( , " - ; I' " I' , , , ij i: il !; .-; , II : , II I II 'i 1,: :i ' ,I i I 1" " i I. ," , I ~ " "'11 i " i I :i i I !- i , i, I. " I j I , , , ! i I ! I d ,.-'; I _____:...1 ~-- I I ( i l >. " I' ,I N ~] , ~ t ;j 'I " ~ ~ Ii ~ ~ p , i ~ I / I I 'I ! I I I .,'L:; "~,,....' "1 -~---~ -..-'.......- , , " . "':-J_' .'_ .. _ .,. . .. " , , t'l 'I t .d. , . : ~,. .r~ <'., . f\f' t ,:_~' . .' ",,~' .: / /,."\ I ] " -~--------.... #15 page 3 Mayor's that if item 16 there is no p.h. but people are there to speak the Mayor has allowed them to speak. It is only recently that that has been challenged actually with our last mayor is it fair those kinds of issues. Horow/ No, but that didn't use to happen. I mean it really didn't. In other words the input from the public would come in during a p.h. on an issue in a timely and orderly manner. After that point when we started considering it, it the public wanted input they were urged to either write to council or call council and get the input that way rather than each consideration having more public input at the podium and I am urging us to think about this because look, it is 11:05 and we really going to try to control these meetings so that we don't lose visitors. In other words we are losing the impact of the meeting by dragging it out for lengthy times. Kubby / It just brings up that we have complicated issues that people want to have input on. In that sense, is a positive sign. Horow/ I agree, but they can't get to us. Kubby/ Whether we have public discussion at the front end of the meeting which portrays a value other than waiting a little while doesn't preclude us talking about these issues more. Horow/ But public discussion, remember, has traditionally been only for those items that are not on the agenda. Kubby/ And I don't have a problem with keeping it that way and that if at item 16 someone in the audience says I really would like to speak, we allow them to speak and we might limit the time if 20 people want to speak. Throg/ I agree. Let's understand it that way. Gentry/ I am concerned that you are going to have a hiatus between the time of discussing a particular issue that you are going to vote upon two hours later and for in terms of due process it is important that people be able to hear and have an opportunity to be heard for purposes of your discussion making. And to separate the discussion for the decision making disturbs me as a lawyer. Throg/ What I understood is the majority of the council is clearly saying that we want to define public discussion to mean items not explicitly identified or included on the agenda. Gentry/ Right. But as I understand it the discussion was to F01l894 ,..,.....-.,,", -_'h.., .~_ I I I I i , I 1 i , I I , I: I I' I I' .~ ) , ',I ,; j j 1 I I I i I I i I I i I I I. III1 ~I 'I 'I,il Ii If I, '.' ~ i I, I' .I '! 1 , , I; 'i 'I } II 'II / iI ! " , , :(, , ,( , i 1 f, " '"; 'i ( ; " ':') "IIJf". - ~ I ! I ."..<,.~...~..-.-. . ,,---:---..,- ~' , . " > ~ '.'. . f::,:"U ",-/." 'b'!.~' :,: ",',': / I /,,\ " ) '. i' '-".'-' --~._---- '- #15 page 4 separate all of the items included on the agenda from the decision making. Throgl No. We want to define public discussion, that category- pUblic discussion, to mean that we want to move it up to the front. We want to- GentrYI Then I must have misunderstood Susan's. Throgl She is raising a question about how to handle a particular- Nov/Susan was aSking a different question which really is not part of this resolution. Lehmani That is a different issue in fact. Horowl Well, the way I thought about it, it was simply because it all comes under the heading of input and trying to do things in an orderly manner without getting yourselves into a five hour meeting. KUbbYI People will talk under public discussion or under the agenda at the time that is either here or there. Horowl How many- well, okay. Bakerl Can we vote on moving the agenda item. Horowl Let's move on this one. As a matter of fact I have lost the number. We are on item #15. GentrYI And everyone understands that it is items not on the agenda. Novl Right. What we are doing here is repealing an old resolution. GentrYI Right but the definition stays the same. Throgl Yes. Correct. Horowl I have to say that I still think there is more elements to this than what we are doing right now. Novl Those elements can come up another day. Okay. Horowl Roll call- Karrl I am sorry, do we have a motion on the floor. Horowl It has been moved and seconded (pigott/Throg) that we F011894 -- ,-.- ~'''-'',",,'..,. "- - --.-...,-- , , I , , I; , . I. , I, I. i , I , , " I; j: I' 1: < I j, I Ii i: ~ :1 , r ! I I i 'I \: 11 Ii II I, I I I I:: v I, 1.~ " 'l ,I; II ,,' " , ""If". - i'i ' ",./; I !\ :1" i/: ' I I, .'! '.', \.....iw,~_.. ,I " , '1 \,',.", , ' i \ ____~:L - "l----..----;:--~...... " ." "" .. . " CI' 7""/ L' 'r "., , ,'I' , "j "n' ,~~, " " ':",' ; _~ 1. ,- - , ' A ',-- '" ,,-,--::,-:--:::::::,-- .......-- -~- '- , #15 page 5 consider the resolution. We have already had the discussion. Roll call- (yeses) F01l894 ...~-~~..;"l<l,.,',. '."',', , ,,~ """..>-:. " . ,,".. .': '. ,,; .. '" .. .,-......_.."...,,,,..,.......,,...,.,__,n' ", \ ,-'''~--. .1 ! I i I , I , , I , i ; I , 101 Iii Iii II I' " it i" " 'j , I I I !! II F ' '~, I',' , j . ".--, [i' I: t" " :",Y:"', : -' h, , " '/., , ", 'I .' " ii " , ;: I i , , 'I 'I I 't .- " ", , 1~,,,..I""'''''~'. --;c-........... . " .' "I', , I '.' t":'f ''':~f' t~t, - h, , ,:",' '" ' ,.-f- "._. ,_. I, / /'''~ I '\' -- ---, #16 page 1 Horow/ (#16) Chair would entertain a motion to approve this resolution. Moved by Nov, seconded Baker to approve the resolution. Any discussion. Kubby/ I do have a problem about part of this and I don't know if there is a resolution and that is the people who live along Taft Avenue-Although I don't know if it means people have to have an address on Taft Avenue that they would be assessed for dust control. If their backyards face Taft would they be assessed. Gentry/ No. If they abut. I don't know Chuck. Kubby/ Is it address or abutment. Schmadeke/ It wouldn't be any assessment by either jurisdiction. Those that request dust control would have to pay for it. Kubby/ So we are placing some city residents in the position of having some trouble with dust on Taft Avenue and if they want it alleviated they have to pay for it. Schmadeke/ That is correct. Gentry/ Yes because that is the county's pOlicy. Kubby/ It is the county's pOlicy. I understand that and it is just another on a long list of things that I would like to make Realtors tell people when they are selling property. Gentry/ It is going to be recorded. Both our agreement and the agreement between the county and the developer is going to take on that obligation for what-three years. Kubby/ So after that, if you have got a good layer who tells you everything, you will find it. God, that is such a big if. Horow/ Any further discussion. Baker/ I was going to ask a question about item #17 but since Rick was up here I figured now. Is that all right. Horow/ No, no, no. Let's do a roll call on this. Roll call- (yeses) F011894 -._.~.".... ..,'., ',. -_._.,--~ I i i I, Ii I , I I I 1 I , ! J I, 1 Iii J i I ~ I j I i I, " Ii I ! I' , I' ' l' , " i " , I " J ,i - I :' ~. '\i'. , ',I' i;!'. ! r , l' I . , " I 1\ j I !! j 'I' I , I I i l' ,.-' I " '" I ; fi "I:' i ,; ;-,- " " , : ""-, '"'....,I/If'..'II/f/I('''~-'l ---- ...- <llIO ...'..... ~ """'~ ---------- ~, --.........-----.~ ... ..,~....... -' ... - \ -.. .... j , , ~ ,',. ( .', ' , , f"'l ,;/ " . . L :;1, . . . '. ' . . ,', f,,. . n : ..C. .' ';, "'" " _~ " _ ,II" . T . , i . '1 ':, Agenda Iowa City City Council Regular Council Meeting January 18, 1994 Page 14 ITEM NO. 17 - CONSIDER A RESOLUTION APPROVING A CHAPTER 28E AGREEMENT 'i.oj'. 23 BETWEEN JOHNSON COUNTY, IOWA AND THE CITY OF IOWA CITY,IOWA FOR CERTAIN ROAD MAINTENANCE PURPOSES. ITEM NO. 18. 'i'l-2.1- Comment: See comment above. Action: ~tJ / 1J~ ' bY'J IIMJ /ht; % CONSIDER A RESOLUTION AUTH021NG THE CITY MANAGER TO SUBMIT AN APPLICATION FOR AN ECONOMIC DEVELOPMENT ADMINISTRATION SPECIAL DISASTER RECOVERY GRANT FOR THE PURPOSE OF FUNDING A PROJECT TO ELEVATE NORTH DUBUQUE STREET. , , ' ; , , , i 'I: ~ I: II " '!, ,",' , , n' I~' I' ~ ! Comment: The resolution authorizes the City Manager to prepare and to submit a proposal briaf for funding a project to elevate North Dubuque Street. The resolution also announces the City's commitment to provide the twenty- five (25) percent local match for the project. Action: ~/cf~) II ( . lwr), ~ ~ f7 i , ITEM NO. 19 - CONSIDER AN ORDINANCE AMENDING CHAPTER 34, ENTITLED .VEGET A. 'Iu'j '1<1~ 31,,01 TION,. CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BYi ' J: ADDING A NEW ARTICLE IV, DIVISION I ENTITLED .COMMERCIAL !, PESTICIDE APPLICATION," WHICH ARTICLE SHALL PROVIDE FOR i . REGULATING COMMERCIAL APPLICATION OF PESTICIDES AND ENFORCE-i ' I. MENTTHEREOF. (SECOND CONSIDERATIONl ..Pal: r,fJiJ Action: ..l.l.Lc ,- ~I P' 1SJ40-?r k' ~~ l~!. ~4- 1 ITEM NO. 20 - CONSIDER A RESOLUTION ESTABLISHING FEE FOR COMMERC 13 ~. I..t PESTICIDE APPLICATION RE~ISTRY. ,Ill(/' j , ':~5 Comment: This resolution is needed to implement the pesticide ordinance. !tr I . ~ I See City Attorney's memorandum. /2.IPttl'i /If' Action: I 413 I , ii i" (; (i II 'i ! , ,I II I I, ITEM NO. 21 , ADJOURN TO PECUTivE SESSION. ~! 1~ /;:~S i~l ;tytl ~ t./{J ~ Mv ~ ~ II/lp" d !~:/~ a.ee ~ 'l, ."...,' '- I, '" :', i , ,I 'I; " " "'If'I' . -- - --~--..-- ~-~~-~--; -~---~,;,.."r i.:.-.,......__.__ , ' , ,.,', " /_' n ',,;/:, h',:,. 'f~... ','" , ", ',' ; -. / (\.. " , 'j, .......-----..... '- #17 page 1 Horow/ (#17) The chair would entertain a motion. Move by Nov, seconded by Throg. Discussion. Baker/ Mr. SChmadeke, in 15 seconds or less could you explain why we are having to do this. What was the problem and what is the change and is this an equitable-I mean are you comfortable that this is an equitable distribution of responsibilities. Schmadeke/ The change is necessary because of the dust control. We were never able to reach what we felt was a fair agreement on dust control. We still don't think it is a fair agreement because of the dust control issue but I think it is the best we can get from the county. Gentry/ And we got other thinqs out of them. Kubby/ If we then don't agree to this agreement and there is no agreement- Gentry/ Lowell Swartz is out of luck because the county will not approve his subdivision. They have held him hostage. Kubby/ So basically we are held hostage by the county on the dust control issue. Gentry/ The ultimate responsibility for that road is still the county's and they acknowledge that and that is in the agreement. Baker/ Had they not acknowledged that earlier. Gentry/ Well, there was some fudging. Kubby/So when they agreed to it they agreed to it under how their status quo which is to assess those requesting dust control will pay for it. Gentry/ They will get pressure. Those people will show up and say we don't like that. NoV/ We are basically in this controversy or disagreement because half of the road belonged to the city and half of the road belongs to the county because it is on the edge that way. Schmadeke/ About 80% belongs to the county, 20 % belongs to the city. It is down the center of the road but the distances that are in the agreement divide up the ownership 80/20. Horow/ Any other discussion. Roll call- F01l894 '.'~'.'."""-'.'" '.... ;',' -- - j : J 1 ii , , , , . i ~ , : , , ;;1 I i : [ , Ii II , d ;1 :1 II ;J " , II! iF ;l !; !I Il 1 i j :: :1 Ii: I, . I I H , : " I I' l : .~J r 1 , "rJ I i t;;". I ! , 1 , I [, I , I II I 1 , , , 11III -":'......... 'IIfIIIIf"". ...... ~"" -.---... ~ "'W\..... ~ ';"', ..... -- - -- ~...-...- - - ..tf - .... ---. .. ~.. '. , " f " '....; - '" '/- ", . L,I .I/,f-t.'d", ,,:,,',~, ,\ .,. <. I.TIJ ' , ' I ; _. ' -".. . , " , / I/J " , ' ,....,. '1 - - - ---~-~ -- ". #17 page 2 Baker/ I am still a little bit confused about whether this is an equitable agreement. And I am getting reservations, vibrations on the part of the staff. Schmadeke/ It is equitable in the sense that the county will maintain that road in the same manner they maintain other roads in the county and the city will maintain their share in the same manner they they maintain roads with in the city. The problem is is that they do not maintain their roads in the same fashion that we do. If there is a dust problem on a city street the city with its resources alleviates the dust problem. The county does not. The county holds those that are affected responsible for that payment. So in effect what will happen out there is the people within that subdivision, by this agreement, and being within the city limits will help maintain American Legion Road. However the county will not help those people alleviate dust. They also have to help the county with dust control. So in that sense I- Baker/ So it is not equitable towards us as it is inequitable towards the people using the road. Okay. Then I will let them work out that with the county. Kubby/ It is not the people using the road it is the people who get dust in their homes because of the use of the road. Horow/ Roll call-(yeses) The resolution is adopted. I,: F01l894 ,', 'f ( "/ ',.~.-"., ..~ -.....'.."."."... , I ',\ ' " ' \'1 :'i -----.-- ..... - '" i I, . j:! ~, , I t, , ~ JI! I / I I ,i. 1 I, 1 Ii '. 1 ;i I!' ~ 'I r I, ~ II ' \ , iI i . - , , 1\ > ' 1;1 , " i" r 0 , I \ I /,/ i I " i I I (i i I \i , ".' " ii " , , I , . ;. I I " , i " , , \"; , ..... -~"'1'~-. -...--- ~ ;.',...... -- - -- ~. I I , I \ "I"";'~'''''''--. .. - - : , ',n :' ~~I, ,,-}', D.' , . " >',:"", " ,', ' ; -~ / I '.\ I' I '. .'!;' ' ,', - .....---- #18 page 1 Horow/ (#18) Motion made by Baker, seconded by Lehman. Discussion. Baker/ What does that language mean, announces the city's commitment to provide the 25% local match. Atkins/ Anytime you are applying for a grant you express,even in this proposal brief, you are expressing that if awarded and it you accept you have the ability, the financial where with all to satisfy the match. Baker/ Okay. So commitment here means the same thing as willingness. Atkins/ Yes, it is an expression of willingness now for all practical purposes if you accept the grant. You always have that ability to say no we are not interested. Baker/ This does not lock us in. Okay. Atkins/ No. Throg/ steve, what does that 25% equal in terms of actual dollars that the city would commit. Atkins/ About $500,000 to $600,000. Nov/ I have a question for Rick. I am vaguely remembering that when we first talked about this we also talked about the study about where water would be displaced if this street were raised. Are we still considering that possibility. Fosse/ It is underway as we speak. We are waiting for information to come up from Tennessee where it is stored now and once it is here we will run a computer model or Shive hattery will run a computer model and determine the affect on the water surface profile there. It is the same person that did the original flood study years ago. So he is always a good person to have on it. Nov/ We can always say because this water is displaced in a spot that we don't want it we are going to turn this particular grant. Fosse/ Yes. His gut feeling is what the model will show is we will see about a one to two inch rise in the flood level because of the elevation of the road. Nov/ Okay. We need to see that on paper. Kubby / steve, will we have to tie up or earmark at this point F01l894 -"._'-',~, ---......-- ...A " ! j i: i , i , I , j, i I i j i j, 1 ! i , , I ,}, i " I: I 1 j I: \ I ~I 1: 'j"" ;! ;: a, l: I '/; 1 :i " ) 1 j I 1 , j ~ 1 , J i , 1 i I , , ;, I; Iii 'I II I! Ii " Ii 'i\: f: .::; . iI' . 1 :1 r ) I II (':" ' I , . ; , " ii .' " ( " :'''': ,,',,-, '-," <",['1'", ,:.,,', ,',:" '.: f I !',',:' j , , , . . ", '., ., .. , ., . ,.. . 1 - , -~, , / , \ 1 ':, #18 page 2 , I' ;.: $600,000. If we don't, if we get the grant and if we say yes where do we get that money. Because it is not in our CIP. Atkins/ No. It is not in your CIP but it is one of your projects remember we outlined the list of those that had not found their way into the CIP. I see really a couple of options. Given the extent of the reserve position that we try to maintain in our road use tax you could finance it in that fashion. A very favorable bond market we hereby the interest rate is lower than we estimated in the numbers that we gave you, we might be able to add it on to a bond project. Of course you always have the ability to say no to a project. Just change the priority on the spot. This is not-this is a substantial commitment. We can't make too many of these. But we can make this one I think. It appears we can get some federal aid. Kubby/ I am going to be voting no on this so I wanted to explain the reason why. Dubuque street has only been unpassable once in decades. And so I have a problem with even taking a lot of staff time to look at doing a project that will do something that was a problem once in many many years. So usually when Dubuque floods there is at least one lane of traffic going each direction which allows people, although with not maybe as smooth an entrance and exit into our economic area of d.t. It does not impede access to our center that we are trying protect. And so I don't think it is good use of staff time to even explore it because we have so many things we need staff to work on. So I will be voting no. Pigott/ Last time I voted against this. I think that this time I will be voting for this. I wanted to explain why I am flip flopping. The reason I voted against applying for the grant last time was in part at least that we on council, I wouldn't want to blame anyone else, approached this issue incorrectly. Instead of first framing the issue, deciding that we had a problem, we discussed the solution which mayor may not be appropriate to this particular problem. A problem which in fact has not really been defined by this council. In the end when a majority of the council voted against applying for this grant I felt that some citizens had the mistaken impression that the council had no intention to address any problem on North DUbuque street. speaking for myself, I was unwilling to vote for an application which put the city on track to spend $600,000 of tax payers money when we did not even discuss the nature of the problem. I feared that perhaps it might be like buying a big John Deere tractor to plow your backyard vegetable garden and that sort of expenditure would be a foolish expenditure of money. I think I will change my vote because I would like to keep options open. I think though F01l894 " ~i .. ~; \, r :;: \ Ii " i; Ij I: l; ~: !: Ii ~, I,' . ~ i~ '~ ~l H , " ,. r: ! , " ~ I >> , , f , ~ ! : : , :. , ~ II; Ii I, ( il i: '" " ii, " , I:' I I~ i.i f: " I: " i I I ! , '.: ,i Ii, , ;i """""'''''If'I'. - I i I ! , .1 ~ ! ~ , i ! ~ I I' I , I I , " \! ~""' ----.., -- -~-- ~ ,;',...... -- -- """"-.........--------.,~... ... ---. ..--.... " " .. ' I'",' ,,',rt 'J~I" '-li:~' , . ""',' ',', > ; . _. . :', . '.. ""='. ",I" ,/ :>'}, , '- - -:..--., ~ --, #18 page 3 that I would request that council in an informal session before we make any decisions about this sit down and have Rick Fosse talk to us about the nature of this problem, the possible alternatives and then we can sit down with all of these options open to us and make a decision on what exactly is the best way to deal with this issue. Thanks. Horow! Any other discussion. Baker! Can I-I think Karen raised an interesting point about staff time. Can you give us a sense of what kind of staff time is involved in this application process. Fosse! At this point David Schoon will be putting some time into figuring out the application. We will need to put together a preliminary cost estimate which is pretty well complete right now. We are doing the water surface profile analysis which is under contract. That will cost us $800/000. Baker! What is going to cost us $800,000. Fosse! $800 to $1,000. Baker! Okay. That is going to be done regardless. Fosse! That is underway as we speak, yes. Baker! But that would have been done anyway. Fosse! Un huh. Baker! I am trying to get a sense of what this particular application- Fosse! Once we get some feedback from the brief. That is they say it looks like a favorable project or it doesn't, that is when we look at the real staff commitment and to making the full blown application and beginning the design process. At this point it is not a large investment in time or money. Baker! But that large investment would only come after the council had a sense that the grant was coming or- Fosse. Right. First the Economic Development Agency has to make a judgement call if this is an appropriate project and if it is likely that it will be funded. Then we will get the feed back and then it is decision time again if I understand it correctly, is that right steve. Atkins! You are fine. F01l894 "."'''''''~'-'. . m_~,_..~_,...,. ': - \.... r. ~-.. -- i I i , i i I ) i \ , j, , I, ,,, : 1 , , ~ ~ Ii: I,' Iii Ii Ii 'I 'I I. " " , 'I I, ! II !!, j, i :( ~ 1:\ : I, i/ V ..1 j " ,i.. 'I I ; I ':~l! ' , , :'> " ii " . " i , ,': I,,; ,,; ~ ' ,. ;,", tT '-'j'i,'~{' Et ,',., r """" , -, . / /'J, '--. \ f ' -, .......-.~ --~~-.. I I 1 ~ I f #18 page 4 Baker/ That staff time wouldn't be committed until we got a sense that it was likely to happen and we would discuss why. Atkins/ The EDA officials have said that they will give us their impressions of the likelihood of funding and clearly from what I understand when I talked with the guy was the likelihood of funding means that go spend the money to do the engineering design work because you have a lock on the grant. And given the sensitivity of this issue, when he tells me that I am going to trot back here to visit with you to make sure that we are still all on board because w don't want to spend the engineering money for a $2 million project. $80,000 to $100,000 we might spend to put something like that together. Baker/ We need to have this discussion even before we get a sense from the feds. Atkins/ You can have it anytime you want. This is intended to preserve certain opportunities that you might not have-the window is going to close on this pretty soon. But we can bring it back as soon as you want. Horow/ All right. Any other discussion. Throg/ I would like to say that I agree with much of what Bruno just said. However I think, in my jUdgement, it is a mistake to spend a total of $2.4 million to solve a problem that has happened once in two decades. And a mistake for the city to spend $600,000 on that project when we don't know what we would bump out of the eIP to replace it with. Horow/ Roll call- The resolution passes, Kubby and Throg voting no. I I I i i , i , ! ; , ; , I I i I : 1 f i i , i , , , 1 i i , j Ii , . Ii I " " , i .1 I Ii I \ ,I Ii, I , II , I, ,! , I: " , j :1 I , , i; -~ I.,c i:: .1 1 il I;' .1; I I 'Ii , ,', 'I '{ I \~l ". I 1 I L 'F I '. F01l894 -'..-.-.y'....."."".-.'r" , ",'., , i' I " "IIfIt"I'. ...... - ~"l -,~ ", .:..;' ,-,,' -" 'I'" ,,' " t I I I i ,,' " , ./'..1' '" ,1 ~.; \, , . , ,', ,." . . ' '. ." , '. '., . .' " '~ " " .. .' , . . , -~ / I 1'\ ,;1 1 , '" , .. .-- -...-.------.... ~ City of Iowa City MEMORANDUM DATE: January 14, 1994 TD: City Council FROM: City Manager RE: Work Session Agendas and Meeting Schedule January 17, 1994 DR. MARTIN LUTHER KING, JR., HOLIDAY Monday CITY OFFICES CLOSED January 18, 1994 6:30 . 7:30 P.M. 6:30 P.M. 7:00 P.M. 7:15 P.M. 7:25 P.M. Tuesday City Council Work Session. Council Chambers Review zoning matters CEBA Grant . Moore Business Forms . Council agenda, Council time, Council committee reports . Consider appointments to the Broadband Telecommunications Commission, Assessor's Examining Board, Airport Commission and Senior Center Commission 7:30 P.M. . Regular Council Meeting. Council Chambers Adjourn to Executive Session (land acquisition, collective bargaining) January 20. 1994 Thursday 7:00 P.M. . City Council Work Session - Council Chambers Discuss FY95.97 Financial Plan January 24. 1994 6:30 P.M. . Monday Joint Meeting of City Council and Johnson County Board of Supervisors. Public Library, Room A Oiscuss Fringe Area A9reement ' January 31. 1994 Monday 6:30 P.M. . City Council Work Session. Council Chambers Agenda pendin9 February 1. 1994 Tuesday 7:30 P.M. - Regular City Council Meeting. Council Chambers PENDING LIST Appointments to the Historic Preservation Commission - February 15, 1994 Appointments to the Board of Library Trustees and Civil Service Commission. March 1, 1994 \,..,,.~_....._- , . -, 1. ;: II I , I I , I:' , il: ! , ;j 'i , i': Ii' I Ii i ,;r I'; " I :' : I I , i' I'