HomeMy WebLinkAbout1994-05-10 Agenda
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IOWA CITY CITY COUNCIL
AGENDA
REGULAR COUNCIL MEETING OF MAY 10, 1994
7:30 P.M.
COUNCIL CHAMBERS, CIVIC CENTER
410 EAST WASHINGTON
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ROLL CALL.
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a. Presentation of spe~ial Presidential Award to Police Officer David Droll.
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MAYOifS PROCLAMAfl~S.
AGENDA
IOWA CITY CITY COUNCIL
REGULAR COUNCIL MEETING - MAY 10, 1994
7:30 P.M.
COUNCIL CHAMBERS
ITEM NO. 1 - CALL TO ORDER.
ITEM NO.2 - SPECIAL PRESENTATIONS.
ITEM NO. 3-
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a. Year of Celebration for the 50th Anniversary of Scout Troop 218 -
1994.
C II. SAFE KIDS Week - May 8-14, 1994, ~ ~
.b fl'. 8-BOPS Week (Bike, Bus, Pool or Stroll) - May 15-21, 1994. ~
d. A Day of Celebration for the Nation of South Africa - May 11, 1994.
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ITEM NO. 4 - CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR
AMENDED,
ID
a. Consid.er approval of the Official Council Actions of the regular meeting
of April 26, 1994, and the special meeting of April 25, 1994, as pub-
lished, subject to correction as recommended by the City Clerk,
b. Minutes of Boards and Commissions.
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(1) Board of Library Trustees meeting of April 28, 1994.
(2) Human Rights Commission meeting of April 25, 1994.
(3) Planning and Zoning Commission meeting of April 21, 1994.
(4) Design Review Committee meeting of April 18, 1994.
#
(5) Design. Review Committee meeting of May 3, 1994,
c. Permit motions as recommended by the City Clerk,
(1) Consider a motion approving a Class "C" Liquor License for
Pershell Corp., dba Colonial Lanes, 2253 Old Hwy 218 S. (Re-
newall
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(2) Consider a motion approving a Class "C" Liquor License for Ken-
nedy Investments, Inc" dba Vine Tavern & Eatery, 330 E.
Prentiss. (Renewall
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Agenda
Iowa City City Council
Regular Council Meeting
May 10, 1994
Page 2
(3) Consider a motion approving a refund for an unused portion of a
Class "c" Liquor License for Leegh Enterprise,s, Inc., dba Legends
Sports Diner, 224 S. Clinton.
d. Setting public hearings.
q~, - 17. 'b
(1), CONSIDER A RESOLUTION SETTING PUBLIC HEARING FOR MAY
24,1994, ON PLANS, SPECIFICATIONS, FORM OF CONTRACT
AND ESTIMATE OF COST FOR CONSTRUCTION OF THE IOWA
AVENUE SENIOR CENTER PARKING LOT RETAINING WALL AND
RAIL IMPROVEMENT PROJECT. --
Comment: This project involves removing the existing chain-link
fence, installing new railing, and repairing the Iowa Avenue retain-
ing wall located next to the parking lots serving the Senior Center
and Ecumenical Towers. Also included with the project is the
removal and replacement of sidewalk located between the retain-
ing wall and Iowa Avenue. The estimated cost of construction is
$29,000.
e. Motions.
(1)
CONSIDER A MOTION APPROVING AN ANNUALAFFORDABILlTY
ADJUSTMENT IN THE PAYMENT STANDARD SCHEDULE FOR
THE SECTION 8 EXISTING HOUSING VOUCHER PROGRAM OF
THE IOWA CITY HOUSING AUTHORITY.
Comment: The Department of Housing and Urban Development
(HUD) published Fair Market Rents for the State of Iowa. This
requires lowering the previous 1 bedroom standard from $408 to
$349. The Iowa City Housing Authority must establish payment
standards for the Housing Voucher Program for Johnson County
and surrounding areas. The recommended standards are based
upon experience or 90% of the Fair Market Rents.
Information memo is attached. The staff recommends this pay-
ment standard schedule.
f. Resolutions.
4Lj-/Z9
(11 CONSIDER A RESOLUTION WITH REGARD TO COMPLIANCE
WITH REQUIREMENTS OF 403A.5 OF THE IOWA CODE IN CON-
JUNCTION WITH APPLICATION FOR SECTION 8 VOUCHERS.
Comment: This resolution affirms compliance with the Iowa Code
as to the duties and activities of a municipal housing authority.
The language is required by the Department of Housing and Urban
Development.
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Agenda
Iowa City City Council
Regular Council Meeting
May 10, 1994
Page 3
q1- t3D
121 CONSIDER A RESOLUTION APPROVING THE IMPROVEMENT
PLAN OF THE IOWA CITY HOUSING AUTHORITY FOR THE PUB-
LIC HOUSING MANAGEMENT ASSESSMENT PROGRAM IPHMAPJ
CERTIFICATION OF THE IOWA CITY HOUSING AUTHORITY,
Comment: The Department of Housing and Urban Development
requires all Public Housing Authorities to submit PUBLIC HOUSING
MANAGEMENT ASSESSMENT PROGRAM (PHMAPl CERTIFICA-
TIONS. The PHMAP Certification for Fiscal Year 1993 indicated
the need for an Improvement Plan for Routine Operating Expendi-
tures and for Operating Reserves. Information memo is attached.
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(31 CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE
SANITARY SEWER, STORM SEWER,W A TER MAIN AND PAVING
IMPROVEMENTS FOR WALDEN WOOD PART 5.
Comment: See Engineer's Report.
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(41 CONSIDER A RESOLUTION AUTHORIZING THE FILING OF A RE-
VISED PROGRAM OF PROJECTS FOR THE FY95 IOWA DOT
STATE TRANSIT ASSISTANCE APPLICATION FOR IOWA CITY
TRANSIT.
Comment: This resolution contains a revised amount for the
projected federal funding request for capital projects in FY95.
The correct amount requested is $2,006,460.
g. Correspondence.
(11 Letter from the City of Coralville regarding a voluntary annexation
request.
121 Letterfrom Tom Werderitsch regarding the proposed Tree Preser-
vation Ordinance,
(31 Letter from Danny Zepeda of Hispanics Together Association to
TCI regarding the removal of Univision from the TCI channel line
up.
(41 Letter from Vince Neary regarding water usage in Iowa City.
(5) Letter from Hillcrest Family Services requesting expedited consid-
eration of a request for rezoning. This matter will first be consid-
ered by the Planning and Zoning Commission.
(6) Letter from Gregory Kovaciny regarding the work of the JCCOG
Regional Trails and Bicycle Committee,
(71, Letter from Brian Witzke regarding ravine fill from the N. Summit
Street alley,
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Agenda
Iowa City City Council
Regular Council Meeting
May 10, 1994
Page 4'
h. Applications for City Plaza Use Permits.
(1) Application from Rusty Martin for permission to set up a table
during the period of April 26 through May 1, 1994, for the pur-
pose of registering voters and distributing campaign information.
(approved)
(2) Application from Stephen Goff for permission for the Iowa City
Astronomy Club members to set up telescopes on City Plaza on
May 10, 1994. (approved)
(3) Application from Rusty Martin for permission to set up a table
during the period of May 4-8, 1994, for the purpose of registering
voters. (approved)
i. Applications for the Use of Streets and Public Grounds.
(1) Application from the Iowa City Police Department to have the
Iowa Special Olympics Law Enforcement Torch Run on April 30
and the Iowa Special Olympics Torch Bike Ride on May 23, 1994.
(approvedl
(2) Application from New Pioneer Food Co-op for permission to close
a portion of Van Buren Street on May 1, 1994, for the Cinco De
Mayo event. (approved)
(3) Application from Hills Bank and Trust Company for permission to
set up a tent on the sidewalk adjacent to their Washington Street
address to distribute cookies, buttons, and related materials on
May 18, 1994. (denied)
(41 Application from Donna Phillips to have the Home and Family Care
Walkathon on June 25, 1994. (approved)
(5) Application from Connie Sargent to have the Great Strides Walk
on May 14, 1994, (approved)
(6) Application from Charles Lindemann for permission to close a
portion of Ash Street for an estate auction on May 14, 1994.
(denied)
7~-/ ~~~~
END OF CONSENT CALENDAR
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Agenda
Iowa City City Council
Regular Council Meeting
May 10, 1994
Page 5
ITEM NO, 5 - PUBLIC DISCUSSION.
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ITEM NO, 6 - PLANNING AND ZONING MATTERS.
a. Consider setting a public hearing for May 24, 1994, on an ordinance
amending the Zoning Ordinance by changing the use regulations of
properties generally located on both sides of Church Street between
Dubuque Street and Dodge Street from RM-12, Medium Density Multi-
Family Residential, to RNC-12, Neighborhood Residential Conservation
Zone. IREZ94-0004l
Comment: At its April 21, 1994, meeting, the Planning and Zoning
Commission, by a vote of 5-0, recommended approval of the proposed
Church Street rezoning. The Commission's recommendation is consis-
tent with the staff recommendation.
Action:
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b, Consider setting a public hearing for May 24, 1994, on an ordinance
amending Section 36-18 of the Zoning Ordinance to modify the require-
ments of the Neighborhood Commercial (CN-l) zone.
Comment: At its April 21, 1994, meeting, by a vote of 6-0, the Plan-
ning and Zoning Commission recommended approval of amendments to
theCN-l zone to broaden the types and sizes of permitted uses, provi-
sional uses and special exceptions allowed in the zone; allowing CN-l
zones up to 10 acres in size, subject to site plan approval; and establish-
ing requirements and guidelines to encourage pedestrian amenities and
neighborhood compatibility. The Commission's recommendation is
generally consistent with the staff recommendation.
Action:
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#5 page 1
Horow/ (#5) Public Discussion. I would like the public to know
that during P/Z items we are moving item #0. forward after
item Ii. These two, one is about Longfellow and the other is
about Towncrest. So we are trying to speed up the process
here. Public discussion. Anyone who would like to address
council about an issue not on the agenda, please come forward,
sign your name and I will time you for about five minutes.
Jeannette Ockenfels/ I am from capitol House Apartments. Between
the Holiday and capitol House I can't get across. Cars keep-
I have came close at least three times of cars coming in front
of me. I don't know if the time isn't long enough or what.
Today it was about four o'clock or five I was going across and
it was walk and here comes a car and I am here and the car is
coming there. It scared me half to death and I am just getting
tired of cars running me down. They don't give me a chance of
going across because I can't walk fast like most people.
Sometimes I have to run across and it about wears me out.
Horow/ You also selid some-
Ockenfels/ Archie Green, at capitol House, got hit and I was going
across at the time when that happened and it is just getting
too dangerous on that corner. I am afraid somebody is going
to end up getting killed.
Lehman/ Do you pu:;h the cross button when you cross.
Ockenfels/ Yes I did. It said walk and there was a car coming right
in front of me and I wasn't that far from it.
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Throg/ It is a terrific point for more reasons than what just
Jeannette is pointing out. Because we have heard the same
thing from people with disabilities and we have paid attention
to the same issue with regard to trying to make the south side
of Burlington more accessible to people who are in the d.t.
area in general. So you are pointing out something that is
important for you and we all recognize that. But it is
important for other people in the community, too.
Ockenfels/ There is a few other people that have problems, too. It
ain't only me. There are a few that can't walk, that have
crutches or walking things I have seen came close to getting
hit. They just don't look and I look both ways and I still
have a car coming in front of me. It don't work.
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pigott/ Thank you.
Horow/ Is there anyone else who would like to address council on an
issue.
F051094
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#5 page 2
Jim Graham/ I have here in my hand is a complaint summons on a
misdemeanor case involving my supposedly keeping a disorderly
house. This happen on 30 March 1994, approximately 9:30 PM.
And this particular incident where this was written to me
states that the officer was dispatch to the above address for
disorderly house and they had also responded to the same
address on 3/29/94 for the same reason. Where I, as the
defendant, had admitted to having loud music, which is true.
I turned the music down but this particular night when the
officer returned on the second call, there was no music and
there was no party going on. There was nothing going on. But
it seems that there is in effect a policy within the Iowa City
Police Department that in conjunction with the ordinance which
has been written and arrived for this so called crime which is
Chapter 24-48 of the city code of Iowa city. That ordinance
coupled with the ICPD policy to issue a citation on the second
call to the same residence regardless off the circumstances is
somewhat unconstitutional. And I would refer the council to
the fourth amendment which was pass December 15, 1791 which
states specifically the right of the people to be secure in
their persons, house, paper and effects against unreasonable
searches and seizures. It shall not be violated, no warrants
shall be issued but upon probable cause support by oath or
affirmation particularly describing the place to be searched
or the person or things to be seized. The officer went on to
write here that I stated that I was listening to music and
drinJdng and that I had a strong smell of alcohol about me and
red watery eyes. Well, when I am standing in my own living
room I don't expect some officer of the law to walk in, shine
a five cell flashlight in my face or my guest's face and
demand to see some identification and then issue me a citation
for having a disorderly house when there is no noise, they is
no disorder. But, like I say, the ICPD policy coupled with
the ordinance is unconstitutional and I fully intend to
challenge this is the federal district court in Des Moines if
they proceed with this citation. I am addressing you
specifically.
Gentry/ Yes, I understand.
Jim Graham/ That is exactly what I intend to do and if I have to do
it pro se I will. If I can't find an attorney to fight city
hall, by God I will do it myself. But I have witnesses and I
will subpeona them to my court hearing which is May 26. So
prepare yourselves because you will be getting notification
from the federal district court in Des Moines. I think the
policies as they stand probably issued by Chief Winklehake or
whoever his predecessor should be looked at and should be
discussed with the chief and some of the watch commanders
because, by God, when there is not a problem, don't fix it.
o
F051094
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#5 page 3
Horow/ Thank you very much.
Kubby/ Linda, will you explain exactly what the policy is about two
times within 24 hours of getting calls to one address.
Gentry/ I know of no formal policy that either the Chief or anyone
else over there has adopted. I think each officer-disorderly
house charges are base don the officers own observation in
terms of listening and going there physically and hearing it
and they don't write them unless they have heard the noise of
an excessive nature. They are usually based on a compliant
basis. I mean that is usually how they get there. But there
is no established policy for two calls within 24 hours. Now,
obviously each police officer has a certain amount of
discretion in terms of the law and what they can do and maybe
this particular office has his own standard of saying well,
two within 24 hours. None the less, the violation would not
have been issued without the police officer hearing the noise
the first or second time.
Kubby/ You are saying an individual officer had that policy and
they were called to the same address a second time, that they
would have had to have-It wasn't the fact that they were
called to the address but they would have had to arrive there
and observe disorderly house or whatever the term is.
Gentry/ Right. They don't write them unless they themselves hear
the noise. You can't prove it in court without that element.
Unless you have 5-6 witnesses. But it is usually the officer
plus a couple of witnesses.
Kubby/ I know that I have heard about this policy before in myself
so-
Gentry/ I will check-
Kubby/I guess I would want to clarify how formal or informal the
policy is.
Gentry/ I checked with Kim who prosecutes-Kim Hill, the attorney in
my office who prosecutes these and he has said the officers-
her has heard of no policy. I mean I can check with R.J.
winkelhake, etc.
Kubby/ Because our magistrate court attorney mayor may not have no
the day to day informal policies.
Gentry/ He of any attorney who is prosecuting these cases would
know that.
F051094
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#5 page 4
Kubby/ Can we double check though.
Gentry/ Sure.
Horow/ Is there anyone else who would like to address council on an
issue that is not in the agenda.
Holly Berkowitz/ The decision in order to speak to the waste water
treatment plant since we are not having a discussion of public
hearing tonight-pardon.
Gentry/ Wouldn't it be more appropriate when you are dealing with
it. In terms of keeping it all in your mind. It is at the end.
Horow/ If you don't mind that we are taking it now but we are
dealing with waste water treatment at the end of the agenda.
Berkowitz/ That is fine. I think it is very important that first
of all we review the plan before we subscribe to it. Before
we sign it. Second, it is important to look at the cost of
the proposed waste water treatment plant. It is very similar
to the cost of the proposed drinking water plant and that is
no coincidence because the water for the water treatment plant
goes to the waste water treatment plant. As we look at both
of these we need to realize that water treatment is an
expensive process and we need to tackle it for the source.
From the water shed and water conservation because those are
ways that we can cut our costs of treating the water and
because the cost of water depends on the demand for water and
the supply of \~ater, public utilities are not exempt from
economic laws of supply and demand. So, it is very important
for us to look at both supply and demand and figure out what
are the important factors before we just sign a contract that
says we are going to treat the water. We have to look at
where the water is coming from, what is it like, and what can
we do about it before it gets to the intake plant. What are
our projected assumptions for how much people are going to be
using 20 years of now and can we subscribe to unlimited
consumption without increasing taxes or rates. It-you cannot
have unlimited consumption of a commodity without raising the
rates if you have the same supply. So I guess my main request
to you tonight is to allow for at least public discussion,
public input, and review from the engineers about the further
possibility for treatment of the waste water because you
already have two plants and I was talking to someone briefly
this afternoon that said the engineer said it can't be done.
But I haven't seen the report. I don't know, how can you tell-
Thank you very much.
Horow/ Thanks, Holly.
F051094
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#5 page 5
Throg/ Thank you.
Horow/ Is there anyone else to address council.
Bob Welsh/ 84 Penfro Drive/ I have tried in recent years to confine
my remarks on issues dealing with elderly and I will give each
of you a memorandum in relation to the refranchising process
of cable television.
Nov/ Isn't this on the agenda later also.
Horow/ Bob, this is on our agenda.
Welsh/ Oh, I didn't think it was.
Helling/ What is on your agenda is extension of the current
franchise to accommodate the negotiations but nothing about
the refranchising.
Horow/ Go ahead, go for it.
Welsh/ As some of you know I had the privilege 21 years ago serving
as chair of the first cable television commission of Iowa
city. On April 18, 1973 the Commission said that Iowa city
should have cable if steps can be taken that would assure it
becoming a broadband telecommunications system that will
provide educational, cultural and social services to all of
the residents of this community. We also, in line with that,
recommended public ownership to the city council because we
felt this was the best way of assuring the goals of we set for
it. The city council took the recommendation of the city
manager who viewed cable as an entertainment business. In
light of his recommendation, the franchise process was
utilized. He indicated at the time, that is back in 173, that
granting a franchise was like giving a license to print money.
In fact this is proven to be true. After listening to the
presentation last night, please let me offer some views for
your consideration. I personally believe and I realize there
is differences of opinion for this, I personally believe that
there are sufficient grounds of non-compliance with the cable
company to warrant you not granting TCl a franchise renewal.
Please review the promises made and not fulfilled. Some
examples ar arm chair tuning with remote control channel
selector, pre-program guide, a medical channel, opportunities
to originate programs from around town including the Rec
Center, Mercy Hospital. Please review the lack of fiscal date
provided in timely manners throughout the years. Please review
the breach of franchise when the system was sold to TCl
without city approval. If I am correct that these are
sufficient grounds for renewing-for not renewing the franchise
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then I trust you will consider public ownership. I am
prepared to discuss with you at your convenience five forms of
public ownership. If you have a written legal opinion that
you cannot deny refranchising then I suggest, based on past
experience, that you at least include in the new franchise
agreement the following additional provisions. i-Limit on the
amount of profits based on a percentage of investment, so the
city has some control over the rates for various services.
Data indicates that TCI in most years probably had a profit of
over $1 million. That is a lot of money out of this community.
with the many new services that will be added some mechanism
of rate control needs to be in place to protect the citizens
of Iowa city. Cable is very much like a utility and profits
need to be controlled. 2- A provision that failure to carry
out any provisions shall be acknowledged to be grounds for not
renewing the franchise. This would gi ve the city the
enforcement power it needs. In the past promises were made
and not filled and we need to protect this against this
happening the future. I suggest also a buyout provision at
the end of the franchise period. Such a provision would not
obligate the city to buy the system. It would, however, give
the city that option. I personally think this is wise
planning for the very unknown future. 4-That there be no
charge for city services using the fiber network. city
services might include reading water meters at a long term
cost savings to the city. The system could also be utilized
to provide increased fire and police protection. I believe
the city should be able to utilize the fiber system for this
and other services without payment to TCI. In addition let me
suggest in relation to the provisions presented to you last
night. I question personally whether 78 channels is sufficient
in light my understanding of the state of the art. I've read
as I'm sure you have of systems of 160 channels being
installed at the present time. The provision for the state of
the art which I heard is yet to be negotiated, I would point
out to you I think is imperative, I would hope that TCI would
be required to update in the fourth and seventh year of a ten
year agreement. That provision should also identify who will
make the state of the art determination. Another serious
question I would ask is do you really only wish to have 40% of
the system to run underground. I think much more is reasonable
and desirable than that. In closing let me say that I think
that Tel has a excellent manager in Iowa city. And none of my
remarks should be considered negatively in that regard. My
comments today have but one purpose and that is to help you by
showing what I believe to be the best course of action based
on my experience and what's happened in the past 21 years. And
I would thank you for your consideration of these issues as
you proceed in your deliberations and your conversations with
your negotiators.
F051094
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#5 page 7
Nov/ Did Dale get a copy of it.
pigott/ Dale could you just mention for a minute Mr. Welch talked
about grounds for non-compliance and so forth. Maybe this is
I know a touchy issue but could you just describe in general
terms the difficulty of denying franchise agreements in the
process. I'd just like to get a picture for the audience of
the difficulties of this because I understand it's a fairly
complex law the '92 cable act.
Helling/ It is a fairly complex law and that's why I'm not very
good at describing the difficulty in detail because I'm not a
lawyer for a number one thing and I don't understand all the
technical aspects but I think you said it yourself. It's the
federal law that stepped in and set the parameters in which a
franchise can be denied and further has given the cable
companies a lot of rights through the cable act of '94 that
they didn't have prior to that or presumptions of renewal.
That's what it's all about. It's literally a federal case now
to deny a re-franchising if the company wants to re-franchise.
pigott/ What's the advantage to us as a city that we get out of the
difficulty of the re-franchise I mean for the person sitting
at home who has problems with service or has experienced a
desire to see a medical channel or something like that. They
may agree and say yeah Mr. Welch is right he's got a point
here. What is it we get out of the difficulty of having this
process this huge laborious process of renewal. How does the
consumer benefit.
Helling/ I'm not sure the consumer does benefit other than I think
the goal is to try and strike a balance so the cable companies
will and again I'm speaking on behalf of what I think the
motivation of congress was not necessarily my own beliefs.
pigott/ Sure.
Helling/ But the idea of exerting some control at the federal level
trying to control the amount for instance in that same act
they took away rate regulation as well. We're very very
limited. All we got back in the 1992 act that's all the rate
regulation we can do now is primarily according to FCC
formulas. So I think the thinking was to well we'll try to
guarantee more I guess autonomy if you will to the cable
companies and let them control their own under the assumption
that that might foster competition. No it didn't do that.
Didn't do that very well. But I don't see that. I think that
the cable companies gained frankly from that legislation and
cities really didn't. If you'll go the assumption that they'll
plow their profits back into the system. I've heard that as
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#5 page 8
some rationale for what was done but again I'm not sure that
that's happened on a nationwide basis nearly like it was
thought it might. So in answer to your question I really think
that that law benefitted the companies much more than it did
the cities for their franchising authority.
Horow/ I though it was interesting last night the consultant was
telling us about the late fee rate that in effect they have
every legal right to charge that.
Helling/ They are in compliance with state law. And there's nothing
we can do about it. What we have asked them to do and
something Gene didn't mention last night we've asked them to
be as accurate as they can in their billing statement as to
when that fee would kick in because we've at least in certain
cases we've heard where it was stated at a certain time they
really didn't apply until so many days after that. We want to
be sure consumers have the right information but they do have
a right to a $5 late fee and they do intend to enforce it.
Welsh/ If I could have one more statement.
Horow/ Okay just one more point and then move on.
Welsh/ Let me say I don't want to appear to be any authority in
regard to cable television and all of its regulations. It's my
understanding however in answer to your question that you
raised that there are four causes for the ability of a
municipality to deny a re-franchise. One of those is failure
to comply with the franchise agreement. All I'm saying is in
my opinion looking at the past record I think there is
adequate cause on that basis. The second one is that you have
to prove that they don't have the financial or legal
capability to deliver service. TCI surely has that. I think
the only one that this municipality if it wanted to hang its
hat on is the compliance one of those four. Thank you.
Kubby/ The other thing we have to be careful of is that the issues
of not renewing and the issue of municipal ownership are
distinct and separate issues. We cannot deny renewal in order
to work towards ownership.
Welsh/ That's right.
Horow/ all right. Let's move on. Is there anyone else who would
like to address council on an issue not on the agenda.
Karr/ Can I have a motion to accept Mr. Welsh's correspondence.
Horow/ Moved by Pigott, seconded by Kubby.
F051094
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#5 page 9
Discussion. Moved.
We are still in public discussion. Are you here from the
Senior Center.
RUfine Anciaux/ Yes.
Horow/ Would you like to address us now.
Anciaux/ Yes. I'm a little late.
Horow/ That's all right.
Anciaux/ I've come here this month and report on the Senior Center
activities of which there are many so I'll cut it short. We
are honoring older Americans this month in particular and
this year is one of the years that they are chosen for lots of
things to do. We're celebrating long life and good health. The
emphasis is on health this year and we're going to have many
activities at the Senior Center so that we can prolong life
and make it much more enjoyable. We have the Senior Center. We
have lots of things there for entertainment. We're going to
add to them. The tentative areas of concentration are going to
be exercise relaxation. We do some of that already and we'll
concentrate more on it so we can be much more agile as well.
We have nutrition and I think there's an ongoing set of
activities on it but it's all going to be concentrated just a
little more. Another one of the areas is going to be on fall
prevention and falls in the elderly or falls in any age are
always kind of wicked but in the elderly there's much more
chance of a broken bone or something. We hope to have lots and
lots of activities and programs and classes on these sorts of
things to add to our agenda of keeping mentally healthy by
visiting with other persons in the area. We're real proud of
Senior Center that we have available. Of course you were there
for the Older Americans' Day which was delightful, very well
attended and we were delighted to see all of you there.
Horow/ The entertainment was spectacular.
Anciaux/ Isn't that great. They do marvelous things at the Senior
Center.
Pigott/ Thank you.
Horow/ Public discussion is closed.
F051094
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Agenda
Iowa City City Council
Regular Council Meeting
May 10, 1994
Page 6
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c. Consider setting a public hearing for May 24, 1994, on an ordinance
amending the Zoning Ordinance by changing the use regulations of four
acres located west of Scott Boulevard and north of Court Street from
CN-l to RM-20. (REZ93-0012) ~//jnt ~r~i/e
Comment: At its April 21, 1994, meeting, by a vote of 6-0, the Plan-
ning and Zoning Commission recommended denial of a request to rezone
four acres located west of Scott Boulevard and north of Court Street
from CN-l to RM-20. The Commission's recommendation is consistent
with the staff recommendation. In a letter dated May 4, 1994, the
applicant has requested that this item be placed on the Council agenda.
Action:
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d, Consider setting a public hearing for May 24, 1994, on an ordinance
amending Zoning Ordinance Section 36-55(m)(1), Additional Regula-
tions, to permit religious institutions to be established or expanded with
access to a collector street.
Comment: At its April 21, 1994, meeting, the Planning and Zoning
Commission, by a vote of 5-0, recommended approval of amending
Section 36-55(m)(1) of the Zoning Ordinance to read: Religious institu-
tions shall be located with access to arterial or collector streets or on
street pavements wider than 28 feet. The Commission's recommenda-
tion is consistent with the staff recommendation.
Action:
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Consider setting a public hearing for May 24, 1994, on an ordinance
amending the sign regulations of the 1-1, 1-2, ORP and RDP zones to
permit awning signs.
Comment: At its April 21, 1994, meeting, the Planning and Zoning
Commission, by a vote of 3-2, ,Cooper and Gibson voting in the nega-
tive, recommended approval of an amendment to the sign regulations of
the 1-1, 1-2, ORP and RDP zones to permit awning signs, provided the
awning signage shall be limited to 25 % of the surface of the awning, or
12 square feet, whichever is less. The Commission's recommendation
is consistent with the staff recommendation.
Action:
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Agenda
Iowa City City Council
Regular Council Meeting
May 10, 1994
Page 7
f. Consider setting a public hearing for May 24, 1994, on an ordinance
amending the Zoning Ordinance to add Division 7, entitled "Minor Modi-
fications, "
Comment: At its April 21, 1994, meeting, the Planning and Zoning
Commission, by a vote of 5-0, recommended approval of City-initiated
amendments to the Zoning Ordinance to permit minor modifications to
the Zoning Ordinance through administrative review. At its April 13,
1994, meeting, the Board of Adjustment also recommended approval of
the City-initiated amendments. The Commission's and Board's recom-
mendations are consistent with the staff recommendation.
Action:
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Consider setting a public hearing for May 24, 1994 on an Ordinance
repealing the vacation of the easterly ten feet of Maiden Lane south of
Court Street and north of Harrison Street. IV AC94-0003)
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Comment: At its April 21, 1994, meeting, by a vote of 5-0, the Plan-
ning and Zoning Commission recommended that the vacation of the
easterly ten feet of Maiden Lane south of Court Street and north of
Harrison Street be repealed. The Commission's recommendation is
consistent with the staff recommendation.
Action:
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P bl' h' . df A He 199 dau .%j;~~
u Ie eanng continue rom pn , 4, on an or Inance amen I~ ~
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 Hous-
ing Residential, to CC-2, Community Commercial. (REZ93-00 10)
Comment: At its November 4, 1993, meeting, by a vote of 6-0, the
Planning and Zoning Commission recommended denial of a request to
rezone approximately 7.86 acres located at 2312 Muscatine Avenue
from RFBH to CC-2, In a staff report dated September 16, 1993, staff
recommended that the proposed rezoning be 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. A revised
Conditional Zoning Agreement addressing these concerns has been
submitted for Council consideration. Comments were received at
Council's November 23, 1993, January 4, 1994, January 18, 1994,
April 12, 1994, and April 26, 1994, public hearings on this item.
Action:
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CHANGE TAPE TO REEL 94-69 51
Moved by Nov, seconded by Baker. Discussion. All those in
favor by saying aye (ayes).
Kubby/ We have just set seven p.h.s for the same night and I think
that probably up to four of them may have a substantial number
of people coming and it just doesn't make sense. I don't know
if there is a way to reroute the timing of things so that we
don't set ourselves up for very long meetings. It is hard to
listen for that long.
Horow/ Yeah, I agree. Maybe we will have to have an extra meeting.
We have already set it for May 24.
Novl In the future-later on the agenda on May 24 we will limit
them.
F051094
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Horow/ (U6h) Public hearing is open. I ask you to state your name
and limit your remarks to five minutes please.
Phil Leff/ I appear for the applicant. You continued the last
hearing because we were unable to secure the signatures on the
conditional zoning agreement. You now, I understand, have that
document on file and we are simply asking you to proceed with
the hearing and complete that and bring it to a vote. I don't
think there is any need for me to reiterate after multiple
hearings before you any of the factors involved in this unless
you have some particular questions. I do have a letter to
provide to you, to deliver to you, that asks you if your vote
in is in the affirmative to expedite the procedures so that we
may have a final determination by your meeting on the 24th and
we have that to present to the mayor now.
Gentry/ You also have the letter from Eagles that we talked about
last night where Eagles has agreed to forfeit the $150,000 for
relocation is the whole deal falls through between the Camps
and Eagle.
Leff/ To the extend that it hasn't been disbursed. If there is some
undisbursed funds at that time w would lilte to have them back.
Nov/ This was my concern because there were 210 days in which you
could actually accept title and we could have disbursed a lot
of that money within that 210 days.
Leff/ And you may well do so. If that is the case that is a risk
that Eagles is prepared to take.
Gentry/ Okay. Thank you.
Horow/ I would like a motion to accept correspondence.
Moved by Throg, seconded by Nov. Any discussion. All those
in favor signify by saying aye (ayes).
Mike Finley/ Good evening Madam Mayor and honorable council
members. At 715 First Avenue. To be honest with you I never
thought I would be addressing council because those of us who
live adjacent to the proposed shopping center, directly north
of the shopping center, really believed that this would never
go through. However it looks a though it is going to and the
very least I can do is express my concerns. The chief of
which is the traffic situation, especially for the parents
like myself who need to take their children to Hoover
Elementary and Southeast Junior High. If any of you live in
that neighborhood and travel First Avenue at the times that
school begins in the morning and is recessed in the afternoon,
the traffic on First Avenue is backed up a great distance.
,
F051094
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And for those traveling south on First Avenue turning left
into Southeast Junior High, the traffic traveling north cuts
them off for great periods of time. I don't think the proposed
widening of First Avenue is going to alleviate these problems
but rather exacerbate them. I also, being a block parent for
the Hoover Elementary School District, am greatly concerned
for the children that walk to school on this route. And there
are many. Speaking with Mr. Lehman prior to the meeting, he
assured me that the sidewalks would be expanded to eight foot.
However, I don't think that this is really a solution. Now,
if it were me, I would actually ask you that you rezone the
commercial property residential rather than the other way
around. I feel and my neighbors feel and I do mean I have
canvassed my neighborhood and this is each and everyone is
consistent with this. That we definitely would love to see
that area developed. However, we do not want to see it
developed commercial. If they build it the traffic will come
and frankly for those of us who have access only on First
Avenue it is most difficult to back out of our driveways and
obtain access right now the way things are. When you build
this or when the shopping center is allowed to go through I
can assure you that backing our of the driveway on First
Avenue will become absolutely impossible. Furthermore, now
don't laugh, have plots over in Memory Gardens and was just
there yesterday and it is also on the other side of this and
frankly, it is just not going to be pretty anymore. It is
just simply not going to be nice. And as badly as I would
like to see this area changed and developed I would really
like to see it developed in such a way that it is more
consistent with family living. I have lived there for 8 1/2
years now and I would like to express to you how nice things
became when the car wash and the mini mart closed down. The
lights went off and the neighborhood became quieter. And
consequently, so much nicer. If commercial property needs to
be developed I would really suggest that you look long and
hard at developing a special commercial zone east of this area
off of Scoot Blvd. and perhaps consider the impact it is going
to have on all of my neighbors and myself, the children that
have to be on this walkway as well as the fact that this store
is also going to be a child magnet. You have to understand
that when kids are on the way home from school they are going
to want nothing more than to migrate to this wonderful place.
only to the parents it just simply won't be so wonderful.
Horow/ Mr. Finley, I appreciate your concerns about the Jdds
because I do watch them. I take one up to city High. I am
interested though whether Hoover has questioned Regina about
how they deal with the kids walking in front of Hyvee in that
general area. Whether or not they have any comments that the
block parents and the Hoover Safety Group could sit and talk
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6h page 3
and about.
Finley/ I honestly don't know. Personally I consider that
dangerous as well and just because we have one really doesn't
mean that we should allow another. In fact, we should look to
reduce these situations whenever and wherever possible. Now
consider this. We do have an area, if it were developed for
medium income housing, what more of a benefit would be to
those people of medium income than to be located close to
three schools reducing their energy needs and also providing
a much finer area for all of those involved. I think going
commercial with the residential area is exact opposite of what
you should be considering. I really would like to express to
you to consider changing the commercial to residential. I
honestly would like to say that you are thinking about this
thing exactly opposite. Thank you very much.
Horow/ Anybody else wish to address council. Okay. Close the p.h.
F051094
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Agenda
Iowa City City Council
Regular Council Meeting
May 10,1994
Page 8
i. Consider 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 Courtl
from RFBH, Factory Built Housing Residential, to CC-2, Community
Commercial. (REZ93-0010) (First considerationl
Comment: See item h, above.
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j. A public hearing on an ordinance to vacate a portion of the Linn Street
right-of-way located west of Gilbert Street and north of Benton Street.
(V AC93-0006)
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Comment: At its April 7, 1994, meeting, by a vote of 5-0, the Planning
and Zoning Commission recommended approval of vacating a portion of
the Linn Street right-of-way, subject to certain conditions. The Commis-
sion's recommendation is consistent with the staff recommendation
contained in the memorandum dated April 7, 1994.
Action: I~ ll~ Oil1.{Jf ~-61})11:fP1dod!f ~ ~
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k. Public hearing on an ordinance amending Section 36-20(g)(1) of the
Zoning Ordinance to modify the parking requirements for religious insti-
tutions in the Central Business Service (CB-21 zone.
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Comment: At its April 7, 1994, meeting, by a vote of 6-0, the Planning
and Zoning Commission recommended approval of amending Zoning
Ordinance Section 36-20(g)(11 of the CB-2 zone to read: Religious
institutions may expand without compliance with the off-street parking
requirements. The Commission's recommendation is consistent with the ~
staff recommendation~r~~~~j}aff report dated April 7, 1994. ~
Action: ~ 11.!:(lN'O f~J~doM~Q.. a..Q.R ~
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I. Consider an ordinance amending Section 36-20(g)(1) of the Zoning
Ordinance to modify the parking requirements for religious institutions
in the Central Business Service (CB-2) zone, (First consideration)
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Comment: See item k, above, In a letter dated April 15, 1994, Marvin
Feigenspan, Pastor of the Living Word Christian Fellowship, requests
expedited consideration of this item.
Action:
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Horow! (#6i) Moved by Baker, seconded by Lehman. Discussion.
Pigott! It is a big enough decision so I think we should have some
discussion. I will be happy to start it off. I said last
time that there are three issues: the best use of the land,
the relocation and the widening of the streets were the three
issues that we were considering. And I think Mr. Finley you
present a valid argument for the best use of that area being
residential. While I tend to agree with you I think the
council lacks the political will to rezone it for residential.
Just wanted to make that comment because I thought your issues
were legitimate and strongly put and persuasive. Second issue
is relocation. I am not convinced necessarily by your
argument but I think they are very valid. The second issue of
relocation is one where I wanted to say that I thought Eagle
came a long way from where they were in the beginning from
$30,000 or $60,000 to $143,000. But I wanted to emphasize
tonight and I said that the last time that while that
contribution from Eagle is a legitimate strong contribution.
I think it will not meet the needs of the people in that
trailer court and that the council and as a government we, as
a city, have a responsibility to take care above and beyond
the Eagle contribution to take care of those residents. And
I mean that the city should make a commitment tonight to say
that those people in that trailer court will be taken care of.
I know that many people in that trailer court don't make a
great deal of money and for them this is the only shelter that
is over their head and I know that because I walked through
that trailer court sunday afternoon and evening and I had a
chance to talk with the residents and the residents are-some
of the residents really would like to accept this deal and
move on. Others are reluctant to accept the deal but see the
opportunity to move out of a situation they are not happy in
and still other residents feel that they know that this is the
place that they are living today and they feel it would be a
great inconvenience for them to move out into the future.
Another thing I noticed when I walked around that trailer
court was indeed the condition and living standards of the
people living in there and I was shocked in some regards by
some of the conditions. And I would just like to take a
second to describe some of them because I think it indicates
how much we really have to assume as a council for this
relocation. I believe there is a majority in favor of it.
And some of the things I saw were -God, I have it written down
here. I saw descriptions by people in the residents saying
that if they push on their trailer hard enough the window
could pop out. That they had leaks in the winter and drafts
in the summer. One door of a person I went into a house, the
floor was caving in. Another person told me that his house
didn't have a functioning toilet. That he had to use the gas
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station down the street. All of these things show me that
despite the fact that Eagles is providing a decent
contribution we have to provide more and I think that as a
council we should realize that tonight and say that we are
going to make up the difference that these people who need
help from us will be taken care of by us and I think it is
incumbent upon us, when as a majority we move to relocate
these people, that we put them in a situation that is at least
as good and this is not great. It is not better than the
situation they were in. Those are big concerns about the
relocation I had. And walking around the Towncrest Trailer
Court really confirmed my belief that these people-that we
have a commitment that we should make by rezoning this. It is
a commitment or pact we are making with these residents. And
the third is the widening of the streets and I think that the
one point on the street widening is it may happen sooner and
later and because of this it is happening sooner and although
I am not particularly happy with the amount of money that the
Eagle people have contributed. I think that they can
contribute more. I think it is our duty to take care of the
residents in that area. We have advocated that in the past
and it is time to assume it now and because of their
contribution it will make it a little easier on Iowa city.
For those reasons I am going to vote for this because I want
to help take care of them.
Horow/ Anyone else.
Nov/ I would like to add a little bit to that. Bruno and I had
talked about this and I do tend to agree with him that for
some of these residents the amount of money allocated by Eagle
may not be enough. I don't want to say right now the city
will allocate $100 per person or any specific amount. I think
many of them will be eligible on a case by case basis for
things like vouchers and certificates, for trailer repairs,
and I think the city has that kind of help and if someone is
eligible for that kind of help they should apply to the city
and they should receive that kind of help.
Pigott/ Naomi, may I suggest that we make a proactive effort. Not
just that they apply to the city but as a city go out to them
and seek them out and ask them and give them the forms and sit
down with them. And the reason is is because we are
displacing people.
Nov / But we are going to be dispersing that money from Eagle. They
are not going to be in charge of allocating it. It will be
city staff that is in charge of allocating it. So I can see
that as a one step process. As city staff talks to these
people they say okay, there is this much money, there is this
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location and our city has already accepted the obligation to
create new RFBH land, new zoned property that will accept
trailers and mobile homes which we did not have. That was the
main thing that we did in favor of this. If we had not done
that kind of thing, I and many other people here would not
vote for it. There literally wasn't any place for these
people to go. We also have until June I, 1995 to work out
these kinds of details.
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Lehmani Sue, briefly, first of all I think it is a eight foot
sidewalk. I don't know that it is a eight foot sidewalk.
Okay. Make that clear.
KubbYI You advocate for an eight foot sidewalk.
Lehmani Certainly. Unless it takes a tree. I guess I have a lot
of confidence in our city staff when it comes to laying this
out and working this out with Eagle that we can make that as
compatible as we possibly can with that neighborhood. I
certainly hope that we would do everything we could and I am
sure that we will. I am, I guess, very pleased with Eagles.
They are talking about giving us the equivalent of $280,000.
You can call it street improvements, you can call it
relocation fees, you can call it whatever you want. That is
about what it is worth. And I think that is a very very
generous offer on their part. I am going to support this and
I agree with Bruno and naomi. I think that part of the
problem at Towncrest is a problem that we have allowed to
happen and I think in that regard the city has some
responsibili ty. I think anything we do to displace those
folks places an obligation on the city. I would hope that
between the moneys that Eagle is putting up and what we can do
that we can relocate these folks with as little inconvenience
as possible.
Throgl Sue, I am going to oppose this ordinance for reasons that we
discussed lat week. I think the developer should be expected
to pay the full share of costs imposed by the development.
And in this particular instance I don't think that would be
the case. However, by saying that, I don't mean any prejudice
against Eagle. I think they have clearly done an admiral job
of trying to respond to concerns that the council has
expressed and that the neighbors have expressed. I have also
tried to draw a lot of attention to importance of design of
that facility and I have been assured by Karin Franklin on our
staff and I have good reason to believe that Eagle will be
working in that direction and I am happy about that. And some
of those concerns about designs and some of those moves that
Eagle is making I think will help alleviate Mike Finley's
concerns though clearly not all and I wouldn't like to leave
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#6i page 4
you with the feeling that those moves would actually solve
things that you have expressed. I guess the last thing I
would like to say is I agree with the thrust of Naomi's
response to what Bruno said. On a case by case basis in a
proactive way I think we really should try to assist a bit
more for particular individuals.
Kubby/ I am going to be opposing this very strongly and my biggest
reason is I think that that land, whether it is owner by the
Camps or it is owned by someone else, is the prefect place for
affordable housing. It is near buslines, near centers of
employment, near schools and what happens when these people
are dislocated some of them will indeed be relocated to railer
courts. But I don't believe more than half of them will be
relocated to trailer courts because of its size, the age, the
condi tion of the trailer. And possibly some individual choice
that some people make above and beyond those factors that
don't allow them to go into another trailer park. So, less
than half of them, is they can get into another trailer park
or can get into the city's trailer park are going to be living
in a part of town that is harder for them to get around and I
think that is something that we really need to look at when we
look at the costs of living for people. The location of that
affordable housing is important as the quality of the housing.
So what I think-what I see happening is that approximately 26
out of 43 households there are going to get lump sums and will
not be relocated to another trailer. Some of them may be able
to find a trailer worth $3,000-4,000, buy it and move into it
for that amount of money. But I think what will happen for
other people is that they are going to have a lump sum and
they are going to end up renting and pretty soon that lump sum
is going to be gone and that we are going to see them at our
shelters around Christmas time in about six months or seven
months or nine months and I don't feel comfortable saying yes
to something I think is going to have that kind of affect. The
way I would prefer to see us is to vote this down, have it
remain a trailer park and if the Camps are having problems and
running it in terms of it is not worth their time in terms of
the profit corning back that we form a partnership with them
and that we do a couple of things. They have said that 38% of
their expenses are from utilities and one of the ways that
they can fight back on that is by each trailer having their
own water meter so that each household has a motivation to cut
their cost because they are going to get their bill and the
trailer park will not have that cost. That is something the
ci ty could intervene and invest in it. It would be an
investment in affordable housing through investing in
utilities and that we could also invest in doing some repair
work on the road and I think those two things along with HOME
moneys and some fire protection and some rehab to some for the
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#6i page 5
trailers as well as any other kind of referrals people would
desire would be a great improvement for that area and would be
a great investment in that area. Lastly, saying people can
apply for vouchers and certificates, that is great but there
are waiting lists. If people have children and are looking
for 2,3, or 4 bedroom place they could wait up to a year to
get their name up on the list. And then after that they have
to find a landlord who will accept the voucher or certificate.
I think in looking at all the balance of all of this stuff
that there is not a way that I could support this.
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Baker/ Sue, can I say something also. I would like to talk from
the starting point that Bruno has established with the three
questions. First of all I don't think this is an issue the
public can say we have not debated. We have had public input
and have taken our time looking at all possible consequences
and this has not been an easy decision for anybody on this
council. Those questions that Bruno raises about the best use
of land, the relocation and the traffic are indeed the core
issues. I would disagree with Bruno about what is the best
use of that land and I would probably disagree with Karen as
well. But indeed I think you can make a compelling case that
that is a perfect place for commercial development in a
positive way. It is a place that serves thousands of people
and it is a convenient location and it is a place that will in
many ways reduce traffic in other parts of town. So there are
lots of reasons that you can justify residential-commercial.
I am not sure that more residential is the best use of that
land. But I am concerned about the relocation problems and
the traffic problems and I think having talked to Bruno at
great length I appreciate his-he has done a lot of work behind
the scenes working with city staff and checking with
alternative sources of funds to sort of increase what Eagles
has put forward and I agree with Bruno. We have a commitment
that if $150,000 is not enough, we have a commitment to find
a balance somewhere to make sure those people are not short
changed in that respect. I could not vote for this if I
thought we were putting people in the long run in shelters.
I don't think anybody on this council could. We all share a
concern for what happens to those people there and the
neighbors as well. The traffic problem, that is the one that
I am actually the most uncomfortable with. Because I think
Jim, for example, has raised some legitimate points about the
commercial development of that size and the traffic impact in
that immediate area and we are going to mitigate it somehow
with street improvements. But traffic patterns will change and
I sort of had to live with that. It is not enough right now
to say no to this particular proposal because I think, in the
long run, the residents of Townncrest Mobile Home Park are
going to benefit from this in the long run and the people that
F051094
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are around there which include a lot of moderate and low
income people not just in that trailer park are going to
benefit from this development as well. It is a very difficult
decision because it is not clearly an ideal choice. But all
things considered I think the council has made the right
choice and I am going to vote for it.
KUbby/ When, I can't remember the words you used, but making sure
that people in the court are okay. For me that means a
commitment that if they own a trailer now of a certain quality
that they end up owning a trailer of a certain quality. That
they don't end up in an apartment building but they end up-if
they have equity presently that they end up with a reasonable
close or same amount of equity. If they so choose to want
that. And I want to get more clear about what you mean.
Baker/ I think that Bruno has certainly talked to me a great length
about it and I appreciate him bringing facts to my attention
that I had not thought about before. We are going to have to
spend more, I think, than $150,000 and we are going to have to
maintain those people at a level-to say the level that they
are at now I think is not what we want to do. We want to
improve the level that they are at now.
Kubby/ I am saying as your basement level of commitment.
Baker/ I don't think that we are going to cause these people to
lose money. I wouldn't vote for it if I thought that was true
and I think there is a commitment on my part and Bruno's part,
Naomi's, Jim's, everybody elses to make sure that that doesn't
happen. The staff is going to work out the details but that
is the goal and I think it is a publicly professed goal of the
majority of this council if not unanimous.
Kubby/ When we have talked about developing a trailer park, one of
the things that we have talked about when we have to relocate
people either because of flooding or because of Towncrest, it
could cost up to $50,000 a trailer. So, I don't know how many
trailers at Towncrest are worth $50,000 but I will bet not
very many of them. And so if we are talking about 43 or even
20 times $50,000- I just want to make sure that you know-
Baker/ If you are trying to ask whether or not we understand the
consequences of this decision I think we do. That it is going
to be a lot of money involved.
Kubby/ A lot of money and I guess I want to make clear in my mind
that means it is a subsidy. It is another way that we
subsidize certain kinds of development and redevelopment. I
just want to be clear that in my mind that what this is.
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#6i page 7
Nov / There is also a subsidy here for an improvement for people who
are living in substandard housing and to me even if we did to
rezone this mobile park I would have an obligation to somehow
improve the standards for these people. So I think either way
we are going to-
Horow/ Well, I would like to-
pigott/ Could I ask a question, Sue. This is sort of unrelated
lack of-it is not quite the heated question that we have been
discussing. This is just in the conditional rezoning
agreement whether perhaps there is a provision and if there is
not would bit be possible to insert it the last minute.
Gentry/ No.
Pigott/ What I was thinking was-you know, this is bordering Ralston
creek folks. It, there are a couple of streets that when you
do rezone it it would seem sort of a natural area to put a
li ttle bike path along Ralston Creek between Friendship Street
and First Avenue. And it doesn't sound like anything like
that has been-
Kubby/ It was discussed at one point.
Horow/ U5e is a pedestrian access easement adjacent to Ralston
Creek. That is what we were talking about. I would like to
thank Eagles in terms of the-Mr. Finley.
Mike Finley / I have one question I would like see proposed to
Legal. Because the zoning commission back in November was not
exactly in favor of this proposal, I was wondering at this
point does this need an extraordinary majority.
Horow/ No, because the P/Z chair has let us know that because we
have arranged to find space for relocation that P/Z Commission
has accepted and supports this land use change.
Gentry/ Even if they hadn't it does not trigger an extraordinary
majority vote on the part of this council. I think at some
point many years back that was in the code or the state code
but that is no longer in existence.
Finley/ okay. And if this does pass I would like to consider a
stoplight at Friendship and First Avenue. Thank you very much.
Horow/ That is one of the many things we will have to think about.
I would like to thank Eagles for their investment in the city,
their response to council's many concerns and the vision that
they have for the change in land use. I think this will
F051094
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#6i page 8
enrich the eastside. All right.
Roll call-First consideration passes, 5/2, Kubby and Throg
voting no.
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Horow/ (#6k) Open the p.h.
Marvin Feigenspan/ I live at 1615 Ridge street. I am also the
pastor of Living Word Christian Fellowship. Before I begin I
want to thank P/Z Commission and the department for all of the
work that they have done. It has been a fairly long haul
getting here and I appreciate all of the work they have done.
On behalf of the congregation of Living Word Christian
Fellowship I am asking for you r support of the zoning
ordinance modification for all the d.t. churches to come under
the same parking requirements. As I am sure all of you are
aware of, all local churches and religious organizations are
somewhat like families. They have their own personality and
therefore maybe their own mission and mission statement and we
believe that we can best fulfill our mission in the d.t. area.
We have only been in that community, in the CB-2 area, for
three years but have found it a very good area to be in and we
desire to stay there. We desire to continue to expand. We
have a fairly small congregation compared to the other d.t.
churches but w have found it has been a good area to be in. We
have been able to serve the community, seen good results and
we desire to stay there. To do so means we need to expand the
a=facility we are in and we desire to do that by building on
the back of the parking lot in back of our facility which
means a change in this zoning ordinance. I want to make sure
it is understood it is not a large building going up. And I
heard some discussion concerning the gym. It is actually the
thought is to have our sanctuary multipurpose. I think we can
serve the community better by just having a sanctuary that
sits empty for six days a week and use it one day a week for
worship. And we want to be able to reach some of the areas in
the d.t. community that maybe would come into a non-
threatening situation, maybe in even a small single of half
court gym with some hoops and en joy the evening. I don't
think we are going to add any more pressure d. t. in the
evening than any other local church would add. In fact
probably a lot less than the rest of them because of our
congregation size. It is really our request that you would
gear our heart that we want to stay d.t. I think we all have
the same desire and that is to meet the needs of these people.
We do it in one way, you do it in another way and we believe
we can do the best if you see fit to allow us to expand in
that area where we see a large congregation of people that we
can meet on an everyday basis as well as worshiping there on
sunday. Also I want to mention that we do have permission,
even though it doesn't meet all of the requirements to use
parking that is available in the off hours. It isn't like we
are going to be putting all the automobiles on the street even
though some will go there. But I really do appreciate all the
consideration that has gone into this by the P/Z Commission.
F051094
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#6k page 2
This hasn't come to this point lightly. So, I just ask for
your support and I also mentioned, I think you may have the
letter, I request to expedite this if at all possible just
because the season passes quickly and we would like to begin
construction if this does pass as the fall season approaches.
'l.'hank you.
Karrl Motion to accept correspondence.
Horowl Moved by Nov, seconded by pigott. Discussion, All those in
favor signify by saying aye (ayes).
Novl May I have a comment of do you want to save the comment for
the next one.
Horowl If it is a comment save it for the next one. If it is a
question, let's take it.
Novl It is a comment.
Horowl Close the p.h.
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#61 page 1
Horowj (#61) Chair would entertain a motion to approve the
ordinance. Moved by Baker, seconded by Kubby. Discussion.
Novl I was the one who brought up the idea of the gym and this is
what was proposed in the letter. This would not be just an
expansion of Sunday morning worship. There would be evening
activities such as hoops, baskets or whatever one does with
those evening activities. And I have been in this neighborhood
in the evening. I know that the Riverside Theater uses the
same parking lot on Market Street for their evening
performances. We allowed this based on the fact that we knew
that lot was not heavily used in the evening. For many
evenings this is true. However, if the Riverside Theater is
sold out and the restaurants in the neighborhood are also busy
in the evening, it is difficult to find a parking spot in the
lot which we have said the place for Riverside Theater patrons
to park. Adding a
CHANGE TAPE TO 94-69 S2
,
On the same evening that Riverside Theater has their
performances will have a large impact on parking and I would
appreciate it if the church were going to schedule any
activities that would create a large audience that you would
coordinate and coincide and try to cooperate with Riverside
Theater because there is this problem already and we are not
gong to help it.
Horowj Anyone else. Roll call- (yes) First consideration. Does
anyone wish to consider the-
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Agenda
Iowa City City Council
Regular Council Meeting
May 10,1994
Page 9
qJf ~ 310/1
m. Consider an ordinance amending the Zoning Ordinance by establishing
the Brown Street Historic District. (Pass and adopt)
Comment: At its January 25, 1994, meeting, the Historic Preservation
Commission, by a vote of 5-0-2 (Russell and Irelan abstainingl, recom-
mended approval of the proposed Brown Street Historic District. At its
meeting of February 17, 1994, the Planning and Zoning Commission, by
a 5-0 vote, recommended approval of the proposed Brown Street Histor-
ic District. Staff concurs with the recommendations of both commis-
sions. Comments were received at the Council's March 29, 1994,
public hearing on this item.
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Action:
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Consider an ordinance amending the ~ ~e by amending the
Conditional Zoning Agreement for Wild Prairie Estates, a 71.05 acre
property located north of Rohret Road. (REZ94-0003) {Pass and adoptl
futi l/uur
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Comment: At its February 17, 1994, meeting, the Planning and Zoning
Commission, by a vote of 5-0, recommended approval of the proposed
amendments to this Conditional Zoning Agreement. The Commission's
recommendation is consistent with the staff recommendation contained
in a memorandum dated February 17, 1994. No comments were re-
ceived at the Council's March 29, 1994, and April 12, 1994, public
hearings on this item.
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Action:
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q1-/33
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Consider a resolution approving the preliminary plat of Longfellow Man-
or, a 7.64 acre, 20-lot residential subdivision located on the south side
of Sheridan Avenue, east of Oakland Avenue, ISUB94-0003l
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Comment: At its April 21, 1994, meeting, the Planning and Zoning
Commission recommended approval ofthe Longfellow Manor preliminary
plat, subject to certain conditions, This recommendation is consistent
with the staff recommendation contained in the March 17, 1994, staff
report, and the April 21, 1994, staff memorandum. This item was
deferred from the Council's April 26, 1994, meeting.
Action:
ceJJAV..r.A') I ~~Lol)
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#6m page 1
Horow/ (#6m) Moved by Pigott/ seconded by Throg. Discussion.
Roll call- (Yes)
Nov/ I would like one more comment on this which I had forgotten to
say earlier. The state Historic Committee is meeting to
consider this historic district and they will be in this room
on Friday morning from 9 to 5 or as long as it takes for them
to meet. Anyone who wants to sit and listen to the state
committee discuss this issue may do so.
Baker/ Sue, can I make one comment to just congratulate this
particular council. And I hate to sound like I have been
around a long time. But I can remember being on a previous
council where we couldn't get four votes for historic
preservation much less seven and I think that is to our c
credit.
Horow/ I agree.
F051094
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#60 page 1
Horow/ (#60) Moved by Lehman, seconded by Nov. Open for
discussion. Before we get into that I would ask Ms. Gentry,
for the record, read the memo that she has sent.
Gentry/ Sue, do you want a copy of this. I spent a fair number of
time talking with DNR, environmental specialists, and the EPA
and a specialist in Kansas who are involved with PCBs. For
some particular reason the EPA has reserved themselves the PCB
regulation. other hazardous wastes rests with the DNR. Jim
O'Brien was kind enough and in hind sight it may not have been
required but he did go out and take samples. Jim, do you have
a copy of my memo. He did take samples on May 3 and sent them
to the Hygenic Lab, they came back, there is a full report
attached to eh memo. But basically the measurable limits for
PCBs in soil is to be no more than 10 parts per million.
Translated on the Hygenic Lab it is called ten miiligrams per
kilogram. I made sure that we are talking about the same
measurement level. The measurable level for PCB in concrete,
this was a transformer that contained oil with a certain
amount of PCBs in it and the PCBs as long as they are in the
oil in the container in the unit are quite safe. Apparently
there Ivas some seepage in 1952 and 1973 and that is what
triggered the concern of the neighbors. The measurable level
in the concrete at that point for seepage is 50 parts per
million. The soil resulting for the test which Jim o'Brien
did tested clean under EPA regulations and it has been
confirmed by my conversations with the EPA as well as the
University Hygenic Lab's standards. The concrete should not
have been removed. All of the information that we have
received from IIGE talked about clean up standards and what
the EPA would require. They did not talk about disposal
obviously because probably they figured once it was turned
over to Mr. O'Brien it was his responsibility to comply with
the federal and state regulations for disposal. The concrete
should have been tested to determine whether 50 parts per
million was in the concrete. In the event it was not it still
should have gone to the landfill. In the event that it was
higher than 50 parts per million it should have been disposed
of appropriately in a hazardous waste site disposal. However,
the EPA reviewed this and decided 1-The likelihood of harm is
very very minimal. It has been dispersed, it is gone. 2-The
owner has taken extraordinary measures and did actually more
than what is required in soil testing and so all and all the
were not going to require him to go try and retrieve the
concrete. In a word, I am quite satisfied and I would
recommend that you pass the resolution with the satisfaction
of a clean site and I realize that the neighbor who has not
seen this and the full benefit of my memo will be, in greater
detail with all the attachments. I just didn't have time to
get it done today.
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#60 page 2
Horow/ Thank you. All right, are there any other questions.
Discussion.
Kubby/ I am assuming from our discussion last night that some of
the questions about developing the flood plain will be looked
at in terms of the whole city in reviewing the flood plain
ordinance. That was agreed to.
I ;
Horow/ That was the intent of it. We didn't set a date on that.
That is something we need to talk about.
pigott/ Could I just say something real quickly. Sandy Rhods did
a great job informing us about that area and I appreciate the
work he did.
Baker/ One last thing. I also want to thank Mr. o'Brien, patience
of Job, it does eventually get done.
Horow/ Roll call- Okay, passes first consideration
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Agenda
Iowa City City Council
Regular Council Meeting
May 10, 1994
Page 10
q,/,~ /34
p, Consider a resolution approving the final plat of a resubdivision of Lot
5 and a portion of Lots 4 and 6 of a resubdivision of a part of Lot 4 of
Ohls Subdivision, Iowa City, Iowa. (SUB94-0005l (60-day limitation
period: May 23, 19941
Comment: At its April 21, 1994, meeting, the Planning and Zoning
Commission recommended approval, by a vote of 5-0, of a 9-lot, 3.71
acre commercial resubdivision of Ohls Subdivision, subject to approval
of the legal papers by the City Attorney's office. It is anticipated that
the legal papers will be approved prior to the May 10 Council meeting.
The Commission's recommendation is consistent with the staff recom-
mendation contained in the report dated April 21, 1994.
Action: ~tJ/l1a1eW
k.q.kAJ '1~, %
ITEM NO.7 - PUBLIC HEARING RELATIVE TO AN APPLICATION FOR RENTAL VOUCHERS
FOR HOMELESS DISABLED PERSONS.
Comment: Paragraph 403A.28, State Code of Iowa requires this Public
Hearing prior to undertaking housing projects. The Iowa City Housing Au-
thority proposes to apply for 20 units of Section 8 Vouchers under a Notice
of Funding availability published by the Department of Housing and Urban
Development. The application will be for one and two bedroom Vouchers to
be used in conjunction with services provided by ICARE of Iowa City.
Action:
"f\~ B-1A 0.-' ~ e.AJ
ITEM NO.8 - PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND
ESTIMATE OF COST FOR CONSTRUCTION OF THE 1994 MAINTENANCE
AND REPAIR PROJECT . CAPITOL AND DUBUQUE STREET PARKING
RAMPS.
Comment: This project includes structural repair and preventative mainte-
nance work for the Capitol Street and Dubuque Street Parking Ramps. This
work is anticipated to commence in mid-June 1994 and be completed by
mid-August 1994 prior to the start of the 1994.95 school year, The work
will be phased such that both ramps will remain open at all times. The
estimated cost of construction for the base bid is $206,000; the estimated
cost of construction for the base bid plus an alternate involving bird control
is $223,000.
Action:
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#6p page 1
Horow/ (#6p) Moved by Nov, seconded by Baker. Discussion. Ms.
gentry did we receive-
Gentry/ Yes. The papers are approved.
Horow/ Any other discussion.
Roll call- (yes)
F051094
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#8 page 1
Horow/ (#8) Declare the p.h. open.
Kubby / Rick, I have a question about bird control. Lots of
different methods. There is chemicals, there's netting,
there's animal predators. We are talking about bird dropping
control.
Rick Fosse/Right. We are aiming primarily at the pedestrian areas.
This is aimed primarily where pedestrians walk through. That
is where the main problems are and we are looking at those
prickly things that were on First National Bank for a while
and also we are looking at an option of some nets as well.
Kubby/ Do the prickly things just make it so the birds don't like
to sit there for awhile.
NoV/ prickly things, what are they.
Fosse/ They are kind of like Christmas tree garland only it is
stiff metal. It is almost like little tines sticking out and
they just don't want to land on them.
Nov/ And you put that along the edges of the building where birds
my choose to sit.
Fosse/ Right.
Baker/ You know, Rick, ny neighbor put rubber snakes on his roof.
Horow/ Is there any other questions for Mr. Fosse. Public
discussion closed.
F051094
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Agenda
Iowa City City Council
Regular Council Meeting
May 10, 1994
Page 11
ITEM NO. 9-
Q'f-135
CONSIDER A RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM
OF CONTRACT AND ESTIMATE OF COST FOR CONSTRUCTION OF THE
1994 MAINTENANCE AND REPAIR PROJECT - CAPITOL AND DUBUQUE
STREET PARKING RAMPS, ESTABLISHING AMOUNT OF BID SECURITY TO
ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISE-
MENT FOR BIDS AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS AT
10:30 A.M. May 26, 1994,
Comment: See comment above.
Action: '~t..6..M.J I &k)
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ITEM NO. 10. PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND
ESTIMATE OF COST FOR CONSTRUCTION OF THE IOWA CITY SENIOR
CENTER EXTERIOR REPAIRS PROJECT.
Comment: This project consists of the repair and reconstruction of the
Senior Center roof and skylight as well as repair and restoration of exterior
stone work, brick facade, and window lintels. Preliminary cost estimates
include base bid: $60,800 and add alternate #1: $23,000.
Action:
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ITEM NO. 11 - CONSIDER A RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM
1'/ - 13<. OF CONTRACT AND ESTIMATE OF COST FOR CONSTRUCTION OF THE
IOWA CITY SENIOR CENTER EXTERIOR REPAIRS 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. MAY 31,1994.
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Comment: See comment above.
Action: ' 1/7/ ~~
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ITEM NO. 12 - PUBLIC HEARING ON AMENDING THE CURRENT BUDGET FOR THE FISCAL
YEAR ENDING JUNE 30,1994.
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Comment: This public hearing is being held to receive public comment for or
against the proposed FY94 budget amendments. The amendmel')t includes
both the Operating and Capital Project budgets,
Action:
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#10 page 1
Horow/ (#10) Declare the p.h open.
Nov/ Can we get some description about what the add alternate that
we have got in the p.h.
Fosse/ That has to do with the sky light in the top there.
Reconstructing it more or less as it is now vs. taking it out
an d putting in something much smaller.
Horow/ Is it my understanding that the chimney was damaged in the
last major wind storm.
Fosse/ I don't know that it can be attributed to the wind storm.
That is when we noticed the damage and some work certainly
needs to occur there as well.
Horow/ That is not included in this.
Fosse/ That is right. It is not in this.
Kubby/ If the task force regarding the Adult Day Program looked at
somehow rehabbing the Senior Center, parts of it, to create
more space there as a long term solution, will we have to redo
any of the stairs that are there now in order to create more
space like if we made the mezzanine bigger or something.
Fosse/ These are primarily external repairs. In fact, exclusively
external repairs.
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doing anything.
Fosse/ I don't think so. The sky light is really a nice feature
there that they want to maintain and I think any redesign
would be based around that and integrating it.
Nov/ Is there any possibility of adding another level to the top of
this building.
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existing plans and the foundation and see if it could support
anything.
Gentry/ Historically, I don't think that that is possible. It is
on the National Register. You have to maintain the integrity
of the exterior.
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roof line and it may not change the facade exterior to add
something on that lower roof and bring it up to the rest. I
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#10 page 2
think it is something we might consider if we are going to do
roof repairs and sky light repairs. IS the sky light part of
the historic building.
Gentry/ No.
Nov/ I suspect that could be removed and we could put a third level
up there is someone wanted to.
Fosse/ We really would need to look at the foundations and the
columns to see if they could support that.
Nov / I would appreciate if we have somebody out there looking
anyway. Let's check into the possibility that that foundation
can support more weight.
Horow/ Mr. Atkins, can you handle that. Okay. Is there any other
questions. Declare the p.h. closed.
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Agenda
Iowa City City Council
Regular Council Meeting
May 10, 1994
Page 12
ITEM NO. 13 - CONSIDER A RESOLUTION AMENDING THE CURRENT BUDGET FOR THE
~1-/31 FISCAL YEAR ENDING JUNE 30, 1994.
Comment: After all comments have been received and considered from the
public hearing, this resolution should be introduced and adopted.
Action: #dJ; / I~~
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ITEM NO. 14 - PUBLIC HEARING REGARDING THE ADOPTION OF A NEW CODIFICATION
OF ORDINANCES FOR IOWA CITY, IOWA.
Comment: After more than two years of review, updating and reformatting,
the city staff has made available for Council and public review copies of the
proposed Code of Ordinances. Comments from the public will now be heard.
Action: ..J;p?~ rfiA.J
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ITEM NO. 15 - ANNOUNCEMENT OF VACANCIES.
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a. Previously Announced Vacancies.
(1) Committee on Community Needs - One vacancy for a three-year
term ending July 1, 1997, (Andy Penziner's term ends,)
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(2) Design Review Committee - Three vacancies for three-year terms
ending July 1, 1997. (Terms of Craig Welt, Don Sinek and Gilda
Six end.)
These appointments will be made at the May 24 meeting of the City
Council.
ITEM NO. 16 - CITY COUNCIL APPOINTMENTS.
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a, Consider appointments to the Charter Review Commission to fill nine
positions for one-year terms ending May 10, 1995.
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ITEM NO. 17 - CITY COUNCIL INFORMATION. ~d)
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#13 page 1
Horow/ (#13) Moved by Kubby, seconded by Lehman. Any discussion.
Pigott/ Maybe could we have just a tad explanation for the people
out watching. What this all means. What is this budget
amendment stuff and why we are doing it so that the pUblic-
Horow/ Mr. yucuis, would you like to give us a synopsis -
Don Yucuis/ During the FY the city manager and myself review budget
amendment requests for the department heads and the staff and
we administratively process those during the year. This could
be either moving money around form one account to another or
in the case of adding personnel or adding other items during
the year, capital projects, we have to amend for those during
the year and we do that administratively and once, at the end
of the year prior to May 31, by state law we have to amend the
budget to make sure that we have authorization to spend up to
a certain amount. If ~le spend more than what we have
authorized I am not sure what the ramifications are state wide
but we don't want to find out and so-I say that tongue in
cheek but I really don't want to find out what the problems
could be when that happens. So we amend the budget one time
during the year. We bring this to council and this is a
compilation of what has happened during the whole year, either
corrections or actually adding items to the budget and in all
cases you don't increase taxes based on this amendment. It is
either form the current revenues that are on hand or current
cash on hand or additional revenues that are available that
will cover it. And thai is a state law requirement.
Pigott/ And documents are available at the public library.
Horow/ Yes, these are available in the public library.
Yucuis/ And also in my office and in the Clerks office.
Horow. Thank you very much. There is a motion on the floor. Any
further discussion.
Roll call- The resolution is adopted.
F051094
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#14 page 1
Horow/ (#14) Declare the p.h. open.
Kubby/ I really would love to know if any member of the public out
there has looked at our new code. Just to know that someone
looked at it.
Horow/ It is very very interesting actually.
Nov/ Copies are available in the library.
Horow/ We only charge $500 penalty fee for anyone building a
nuclear weapon in Iowa city. There is 30 days jail, too. We
should increase the fee.
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Gentry/ It was an initiative. We can't change it.
Lehman/ Susan, could we defer that to another meeting.
Horow/ Sure. Anybody else- Declare the p.h. closed.
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#16 page 1
Horow/ (#16) Council has considered the purpose of the Charter
Review. That of public input and looking at our charter which
is by law we are suppose to review it every ten years. And
last night appointed nine citizens: Jeff Mccullough, 1801
Morningside Drive; Craig Willis, 333 Magowan; John McDonald,
23 Rita Lynn; Clayton Ringgenberg, 822 Juniper Drive; patt
Cain, 318 North Gilbert; Paul Egli, 3 Melrose Place; Kathy
Penningroth, 215 Woolf Avenue; Mary Geasland, 53 Regal Lane;
and Ann Rhodes, 500 st. Thomas Court. I appreciate these
citizens and others who are all very qualified. This was a
difficult decision for me. We appreciate them coming forth
and offering their time over the period of a year. We will be
sending out notification to them and letting them know when to
get together and form their own committee.
Moved by Kubby, seconded by Nov. Discussion.
Kubby/ We had quite a bit of discussion last night that I feel it
warrants an explanation tonight and that is that there were
quite few members that people could agree on very easily. And
the members that we discussed that we couldn't agree on easily
were not based on any personable thing about the individual
applicants. But one of the qualities about a rounded group
that is very important to me is having a variety of socio-
economic status reflected in the committee because our
community has a very wide range of socio economic status and
that is the thing that we were talking about last night and
frankly I was rather angry last night but was very glad that
the council was able to be flexible to broaden the scope of
the committee and want to thank council for that flexibility
and I am looking forward to the recommendation of the
committee.
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discussion last night was heated and difficult at times. But-
I don't know that I am entirely totally satisfied with what we
came up with but I am satisfied with the compromise that we
came up and I do appreciate the willingness of the other
members of the council to discuss that and work through it.
And I think we did make a move towards balanced representation
of diverse elements in the Iowa city community. So I thank
the folks who are involved.
Lehman/ I don't want to belabor this but if anybody on the council
is totally satisfied we have failed.
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those in favor signify by saying aye (ayes). Great.
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F051094
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Horow/ (#17) city council information.
Nov/ I would like to report to the council that I had an
interesting conversation with Lou Licht. He had-let's face
it, this is an interesting person who is doing interesting
things allover the world and he had been in Slavinia planting
his poplar trees to help their environment and while he was
there he came across a different design for wells and he said
in Slavinia along the river they are using horizontal well
pipes, as sewer pipes, underground and parallel to the river
bank and I have thought that this is possible for Iowa city.
Lou Licht thought this was the kind of thing that may be
possible for Iowa city and I just want the council to know
that Chuck Schmadeke has been informed and he has agreed to
look into the possibility of doing something like this when we
create our new water plant.
KUbby/ I thought that was already kind of happening at the water
plant.
Nov/ This is a different style. The concept is there but the style
of the well is different.
Throg/ As I understand it, the really neat thing about that kind of
idea is that it enables us to remove nitrates and turbidity
before it goes into the water plant in the first place. So
there is real potential here.
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filter out those things that we want to filter out and whether
or not the wells are under current consideration are more
efficient or less efficient or less expensive or whatever is
something that we are all going to find out about. But I just
wanted you to know that we had a citizen who called and said
here is a good idea, we should think about it. He also said
that he has a new award from the State of Oregon for using
leachate to water his trees. And this is another thing that
we could consider doing. So, we got two new ideas to think
about.
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Nov/ Well, you may say yuck but they are doing it in Oregon and
they think he is terrific because he tried it.
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the end of last month I participated in a memorial ceremony
for three men who were killed in 1970 while helping to build
Hancher Auditorium. It was small but quite moving ceremony
and it pointed to the importance of having safe working
F051094
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#17 page 2
conditions for working people and it was a good thing. I am
happy that I took part in it. The other thing I would like to
mention is that I helped clean up Ralston Creek this past week
on Saturday and though I can't claim that I found it I was one
of the people who found a rusting lawn mower that no longer
had an engine, no longer had a left rear wheel and was pretty
much disintegrating into the creek. And it is no longer in the
creek, so-
Horow/ Mr. Pigott, I would be interested in your-I appreciated your
going to Cedar Rapids (can't hear).
pigott/ Well, you are quite welcome Madam Mayor. Yes, that was last
Saturday at the early hour, it wasn't so early. It was ten
o'clock. I was up for hours. I had the good fortune of
meeting out wonderful governor. I say that sarcastically.
But, I must say, the Iowa city Area Development Group and the
Cedar Rapids people are working very hard to bring the
conference which could potentially bring investment and good
jobs to out community. And I was happy to see the governor
make it to Cedar Rapids and help announce this conference
which is coming next September to Cedar Rapids and Iowa city
and it will bring approximately 100 Japanese businessmen to
the area. It is a conference which takes place in the midwest
every year. It took place in Michigan last year and had a
really profound effect in the media. The big three auto
makers were there and talked about trade policy with Japan and
spurred some investment in that area I have heard. As a
result the area, the large region here, is hoping that this
conference can bring some good jobs to the area. It is a
start. It is a good way to introduce multicultural ethic to
the community and as Sue, our mayor, likes to say, a good way
for us to toot our horn about Iowa city.
Horow/ I have already got a fantastic idea. Many times the groups
come to the areas and they wind up playing golf. I don't have
anything against golf but we have fantastic hosta gardens in
the area. So I have already to the ICAD group that we have
tours of the hosta gardens because hostas originated in Japan.
Project Green comes out again.
Pigott/ Sue, I am going to want to take a lot of time tonight if
you don't mind. Or just a couple of more minutes. One of the
other things I wanted to talk about was a good idea we heard
about last night that the city staff came up with. I believe
it was the city staff and if it was I want to congratulate
them on the Neighborhood Improvements Program concept that
they brought to us. Was that Steve. Well, I want to
congratulate you, Steve. I think it was a really brilliant
idea and the concept is to apparently to set aside a pool of
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#17 page 3
funds so that the over 12 neighborhood associations can get
together on their neighborhood council and help distribute
this pool of funds to make improvements in their neighborhood.
I am sure you will hear more about this as the concept
develops. But I already talked to a couple of people today
who heard about it and were just itching to get a hold of this
money. I also expect to see some neighborhood associations
form as a result of this and I think that is a good idea. I
think it is a great idea to bring these people into the
process of making neighborhoods a big part of the community.
I want to thank you for that.
Kubby/ Eight years ago, maybe when I talked about this, steve gave
me a whole bunch of information about some of these ideas that
he wanted to have happen some day that he had experienced
other places that were very successful.
Atkins/ It was before you were on the council and I work for you.
I do remember that.
Pigott/ Well, I thank you. I really think it is a very good
program. The second thing I wanted to bring up ~las that
Historic Preservation Awards will be taking place tomorrow at
5:15 at the-4:45 is the food. Please get down there early.
Save some to me. That is at the Court House. Also the city
manager sent us a memo on the Army Corps of Engineers revised
standard operating procedure which I found helpful, Steve. I
just wanted to mention that this revised SOP has a number of
features to improve the response to floods on the Iowa River
is when they are combined with high flows from Clear Creek and
Rapid Creek. If I could, I will list off the ones that are
mentioned in the memo: additional stream gauge and rain gauge
stations, improved telemetry to quickly convey information
from the station to the Corps, automatic telemetry warning
system, formalized a redundant chain of emergency contacts of
Corps personnel and formalized method of notifying local
officials in the event of potential flooding. And I wanted to
emphasize the last one: formalized method for notifying public
officials in the event of potential flooding. I think it is
really good to keep those lines of communication open between
Corps and the city and vice versa. Us contacting them a lot to
let them know we are still thinking about this issue for the
future and I appreciate the memo, Steve. I appreciate the
work that the Corps is-
Horow/ The material that you have this evening in front of you
includes an answer from the Corps to my April 4 letter. It
essentially reiterates what I said we were doing-they say they
are doing. It is a very nice answer.
F051094
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Baker/ Had a phone call from somebody out near city High School
about the parking lot issue out there and raised a-made a
suggestion. I didn't know if it was good or not but I thought
I would bring it to Steve or council about the lot when it is
not being in use, being chained or closed off. It is going to
be closed off so they will not be able to use it as through
traffic.
Horow/ Yes.
Baker/ Okay, I can call this person back and say that it is already
being anticipated. Greta. Okay. And since you were
complimenting Steve on his brilliance it reminded me years ago
I was the swing vote on hiring him- Actually I have to thank
Steve for something else-I promised my wife I would do this.
I started to walk to the council meeting tonight and Steve
stopped and made me get into the car and drove me the rest of
the way. It is not my fault and I will walk home.
Horow/ I have a number of items here. On Saturday morning at 9:00
out at Montgomery county Fairgrounds the Johnson county
Historical Museum is sponsoring a civil war reenactment. Mayor
will be out there attending the concession stand as 8: 45. But
come and see people and have a good time. This is a big thing.
They will have lots of people here reenacting civil war. I
don't know whether we do the whole war but- And Bruno has
already mentioned the Historic Preservation commission awards
on Wednesday. On Sunday, the 15th, project Green and the city
of Iowa city cordially invite you to an afternoon event to
celebrate the rededication of College Green at 2 PM, sunday,
May 15, 1994. corporate host is First National Bank. I do
encourage you all to get up to College Green Park. It has been
renovated and now it is being rededicated and I think is
rather exciting.
Nov/ Excuse me. While we are on that we should say that Project
Green sales last saturday morning sold a record and this is
the kind of thing that pays for restoring college Green park
and all kinds of other nice things in Iowa city.
Horow/ That was fantastic. In 20 minutes we were sold out of over
1000 hosta. It was really something. Finally, last evening,
council as]ted and I have been working 011 this to have
President and some of the council to get together and talk
about the Campus Planning vis a vis Melrose Avenue. President
Rawlings is happy to start working on such an endeavor and I
will be getting back to council about the specific
arrangements on that.
Throg/ Great Sue, thank you.
F051094
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Agenda
Iowa City City Council
Regular Council Meeting
May 10,1994
Page 13
ITEM NO. 18 - REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY.
a. City Manager.
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b. City Attorney.
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ITEM NO. 19 - RECOMMENDATIONS OF BOARDS AND COMMISSIONS.
a. Consider recommendations of the Design Review Committee:
(11 THAT CITY COUNCIL APPROVE SIDEWALK IMPROVEMENTS
LOCATED AT 102 SOUTH CLINTON STREET
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Comment: At its May 3, 1994, meeting, the Design Review
Committee voted, by an 8-0 vote, to recommend approval of the
sidewalk improvements located at 102 South Clinton Street as
follows: the tile located in the sidewalk path be replaced with
concrete and the brick pavers located along the street remain in
place. See attached memorandum. (Council can concur with this
recommendation by motion and thus allow the sidewalk improve-
ments.)
Action: -Ifdti ,I otI~ tlJ~
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(2) REGARDING MAINTENAN E OF THE CITY PLAZA AND ASSOCI.
ATED DOWNTOWN STREETSCAPE IMPROVEMENTS
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Comment: At its May 3, 1994, meeting, the Design Review
Committee voted, by an 8-0 vote, to recommend to the City
Council that the City Council appropriate additional funds to ade-
quately maintain the City Plaza area and associated downtown
streetscape improvements, and that particular attention be given
to the area in front of 102 South Clinton Street,
Action:
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page 1
Horow/ (#19a(1)) Moved by KUbby, seconded by Lehman. Discussion.
Nov/ I think that some of the brick pavers along the streetscape
there should be restepped. They are not as level as they
should be for safety issues. So when we get over there we
should do them.
Lehman/ I agree but I think
maintenance of the plaza.
that done too.
this is probably under normal
There are other areas that need
Kubby/ This particular motion is about replacing the tile with
concrete and not about replacing the normal brick maintenance.
Horow/ All those in favor signify by saying aye (ayes).
F051094
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page 1
Horow/ (#19a(2)) Moved by Kubby, seconded by Baker. Discussion.
We discussed this-
Kubby/ We discussed thai slat night and I think the group thinking
was that we want to keep the $3,000 currently in the P/R fund
for brick maintenance in the d.t. plaza area and that all
areas be looked at and be given their turn for repair and not
special attention be given for a special spot.
Horowl I would hope that the D.T. Association would be able to work
a little bit more on this area. I am sure this doesn't happen
every single year but there does need to be a little more
attention given to the d.t. plaza area.
Lehmani Sue, I don't think we would be allowed to touch the brick.
We can work int eh planters or whatever.
Novl They particularly mentioned the planter at 102 S. Clinton.
Lehmani Which has just been redone by Iowa city Landscaping about
four weelcs ago.
Novl Then this may have been before that. There are plenty of
planters that need some attention and we certainly concur with
the committee that we should give some attention.
Horowl All those in favor signify by saying aye (ayes). Thank you.
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F051094
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Agenda
Iowa City City Council
Regular Council Meeting
May 10,1994
Page 14
ITEM NO. 20 - CONSIDER A RESOLUTION OF ENDORSEMENT FOR THE CENTERSPACE
q'f - (3 e CONCEPT AND FOR THE RESERVATION OF URBAN RENEWAL PARCEL 64.
1(A)
Comment: The Steering Committee of the CenterSpace project requests the
City Council's endorsement of the CenterSpace concept and reservation of
Urban Renewal Parcel 64-1 (a).
Action:
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ITEM NO. 21 - CONSIDER A RESOLUTION ACCEPTING THE DESIGN OUTLINE FOR WASTE-
q.q - /3'i WATER TREATMENT AND COLLECTION FACILITY IMPROVEMENTS AS
PREPARED BY STANLEY CONSULTANTS INC. AND AUTHORIZING ITS
SUBMITTAL TO THE IOWA DEPARTMENT OF NATURAL RESOURCES AS
THE CITY'S PLAN OF ACTION FOR COMPLIANCE WITH NEW AND MORE
STRINGENT WASTEWATER EFFLUENT LIMITS.
Comment: The Design Outline submitted by Stanley Consultants recommends
the construction of an interceptor sewer between the two wastewater treat-
ment plants and expanding the treatment capacity of the south plant. This
work must be completed by July 1998 in order to satisfy effluent require-
ments established by the U,S. Environmental Protection Agency and the Iowa
Department of Natural Resources. Total project costs are estimated to be
$42,880,000. The Design Outline document must be submitted to the Iowa
Department of Natural Resources by June 1, 1994. Public Works recom-
mends approval of this resolution.
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ITEM NO. 22 - CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE
CjLl- l4-b CITY CLERK ATTEST AN AMENDMENT TO THE AGREEMENT BETWEEN
STANLEY CONSULTANTS INC. OF MUSCATINE, IOWA, AND THE CITY OF
IOWA CITY TO PROVIDE CONSULTING SERVICES FOR IMPROVEMENTS TO
THE WASTEWATER TREATMENT AND COLLECTION FACILITIES,
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agreement dated October 26, 1993, is complete and the Final Design Phase
can now begin, This amendment establishes a Final Design Phase fee of
$1,648,000 and a Bidding Phase fee of $45,000. Recommended improve-
ments include constructing an interceptor sewer line between the two treat-
ment plants and expanding the south plant to achieve biological removal of
ammonia.
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Horow/ (#20) Moved by Kubby, seconded by Throg. Discussion.
Baker/ What does this mean.
Lehman/ I would like to amend this by deleting part 2 which says
the Iowa City council commits until January 1, 1996 to
reserving urban renewal parcel 64-A as the appropriate site
for the cultural conference center. I think it says, in the
first part it says that we do endorse-that we have some
agreement with the basic concept but it doesn't lock us into
anything as far as time goes. We could find a public private
developer who could do something to accomplish this in four
months we could do it. I think practically speaking it
probably does nothing. I don't see anything happening in two
years but I just don't think we should eliminate our options.
with this amendment we would be giving those folks our
approval saying that we think it is a good concept but not
saying that we are going to reserve the space for a definite
period of time.
Pigott/ Ernie, in some respects, I would prefer to have the time
limiting there. And I understand-
Horow/ There is a motion on the floor but it has not been seconded.
I mean the amendment. The original motion was Karen Kubby and
it was seconded by Throg. Ernie's is an amendment and I need
a second of that.
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Baker/ I will second the amendment but we will talk about it.
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parcel of land in there as a limitation of how long we would.
I think I understand. Maybe you will want to explain why
again but I prefer to limit the commitment of reserving the
parcel and you are saying let's take out the whole provision
but I don't think since anything is going to happen over the
next couple of years anyway that it is not a harmful thing to
have that date in there and in a way it promotes a definite
end to that. It doesn't drag people along as some people have
worried about on council.
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looking for another developer for that particular piece of
property. And I believe that we shouldn' t go out and look for
that kind of person who may develop this property for some
other purpose. I think the reason that CenterSpace is
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feasible is because the city owns that piece of property. I
think that the concept of having Centerspace d.t. is a valid
one. I think the idea of reserving this space right across
from the public library is a valid one. I think this is the
place that we ought to do it if we do it at all. And we all
have accepted the possibility that eventually this can be
turned down by the public because it would have to be on the
ballot. The cost estimate that we have now is $19 million to
do it on this space. We can imagine what would be the
increase if we had to go out and purchase a different d.t.
space because we had allowed this space to be developed for
another purpose.
Throgl I agree with the points that Naomi made and the way that she
made them. I think the CenterS pace concept could be a
wonderful addition to the city and to the d. t. area. So I
support the resolution as it was originally proposed and would
oppose Ernie's amendment. I-my concerns have to do with who
benefits and who pays. That is something that is going to
have to be sorted out over time that we don't have to deal
with right here and right now.
Lehmani Jim, I think what this says is, if I read this correctly,
the Iowa city council endorses the cultural conference center
concept as outlines in CenterSpace. Okay. But it doesn't
preclude us from an opportunity in a year or 15-16-17 months
to implement this. By doing this we have eliminated our
options to do anything with that property for a cultural
center or anything else for two year.
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Pigott. That is not true.
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money to do it. We could put in the cultural center anytime
before that if we had the money to do it.
Kubby I We are committing to not doing something else with that
space for that time frame.
Throgl It seems as though that notion is i.mportant to organizers
and supporters of the CenterSpace. So that we give them the
signal that they should feel free to really pursue the concept
and sort out all of the details and figure out how to do it
and so on.
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the concept. That is the important word in there for me.
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#20 page 3
Pigott/ I agree.
Baker/ It is a very difficult position to take but I am
uncomfortable with us saying we will reserve this spot only
for this project for the next year and a half. I have real
misgivings, as I said last night, about the viability of the
project as proposed to us. The public support for it. Maybe
that can be generated and even if it is generated is is still
the project itself the best use of that land to put in there
that specific project. If the resolution precludes us from
looking at any other options for that land in the next 18
months I am uncomfortable with that. with Ernie, it may not
happen but I would prefer that the council consider taking a
position that we like this concept and if people who are
pushing it and have worked long and hard for it want to
continue, they certainly will but perhaps if the private
developer comes in with another proposal that would
incorporate some of these ideas into that project we shouldn't
preclude it. '
Kubby/ In the time frame that we are talking about, 18 months, I
doubt that a developer could come and present us with
something and have it go through a process and be ready to go
before that a mount of time because if one of the values we
have is to make sure that that-that the use of that space
incorporates some of the concept of CenterSpace, we would want
them communicating with CenterSpace people. In 18 months I
can't imagine all that coming together.
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say we are going to let this be the project for that area and
exclude everything else. I think that we ought to market the
concept of this in conjunction with some other project.
Nov/ This has been vacant for 29 years. Another 18 months is not
going to make that difference.
Baker/ What have we done to market this in the last five years.
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Gentry/ We did before though. Not the past four years but we did
before.
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it out and we didn't have any good bites. I think one thing
to remember here and it is not to suggest that you make this
decision lightly. But this is a policy decision that you are
setting to. It is not absolute. If a primo project comes
forward and incorporates some of the things that the
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proponents of the cultural conference center desire and it
integrates it with some kind of a private project, I don't
think anybody is going to turn their back to it entirely. And
it is within the purview of this body to consider those kinds
of projects as they come forward too.
Baker/ We certainly would. My concern is that we are going to just
wait and see if that happens as opposed to putting something
together and seeking it out.
Franklin/ True. You are advocating that we take an aggressive role
in marketing 64-1A. That is different.
Kubby / But if we like the idea then the council maybe needs to take
a bigger leadership role in CenterSpace to make that happen
sooner rather than later. If we like the concept or something
like that. Instead of marketing it out there. It is a public
private thing and the beauty of it is it is public space-that
parts of it are public space and I would not want a hotel
convention center
CHANGE TAPE TO REEL 94-70 SIDE 1
Kubby/ I don't want a hotel there.
Baker/ I think a hotel is an appropriate use of that land if we can
incorporate some of these other goals as well which is part of
the centerspace possibilities as is. I mean that is one of
the things that they talked about.
Nov/ This does not preclude us from doing that. This says that we
believe that CenterSpace is the kind of thing that would be on
64-1A and therefore we are not going to say it is all right
to put an office building. It is all right to be in a hotel.
If somebody came forward and proposed CenterSpace and did it
before that period of time and said okay we are going to put
apartments above it, there is no reason why we should not go
ahead with it. This resolution does not prevent us from doing
that.
Lehman/ Susan, one last thing. I agree with Larry. So it has been
vacant for 20 years. I don't think that is a reason to say we
are not going to do anything for the next 2 1/2 or 3. I think
that we should actively try to put something together which
incorporates the centerSpace concept. I thin it should be a
public/private sort of thing because I think Larry is right.
If that goes for a bond issue I think it will go just like the
soccer fields did and we will have lost another 2-3-4 years.
Nov/ But this doesn't prevent us from doing it.
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#20 page 5
Baker/ If it doesn't prevent us from marketing that that is my
question.
Lehman/ That is my concern.
Nov/ The way I understand it is it doesn't prevent us from
marketing it for a Centerspace facility. It does prevent us
for using it for other purposes.
Pigott/ That is right.
Franklin/ Don't forget that the centerspace concept in parts of it
incorporate hotel rooms. That was one of the possible add ons
in the feasibility study and one of the components that would
add to the revenue stream. I think you are right that this
does not preclude you from taking some stronger aggressive
role in putting something together for something that fits
wi thin the guidelines of he concept of Centerspace. But I
think it does say that you are not going to market it for just
a d.t. development, apartment store, retail, hotel rooms.
Kubby/ The other reason I don't have a problem with the time frame
is that even though I am interested in a concept the time of
this is very crucial because in the next year, year and a
half, there will be doubling of water and sewer rates and I am
not sure I am also interested in that same period to time in
putting a bond issue for $18 million on the ballot. I think
that is something CenterSpace organizers need to think about.
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Baker/ It is the magnitude of the project that concerns me. That
is being viable for the long run and I think we are misleading
the people who have worked very hard on this to this point.
Throg/ I don't think they are being mislead at all. I think they
understand that they have a real serious challenge in terms of
trying to figure out how to fund it, how to organize it and
how to get the public of Iowa City to support it. I mean they
know that that is a challenge. So I am really happy to
support this particular resolution. Partly because of the
flexibility of the definition of the word concept. I
understand it to mean essentially what they presented to us in
that document a few months ago. But that could take many
forms.
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not going to vote against this. I just have real reservations
about this and the way it is structured and a misleading
message to be sent out to those people that I think they need
to work at looking at that design and perhaps increasing the
private sector part of that project that was discussed before.
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#20 page 6
Horow/ All right, we have an amendment on the floor to delete the
second part. My interest is in supporting the concept. I also
do not think that we have certainly been active in marketing
this plot and I really don't see the reason for having the
second aspects of it. So I will be voting for the amendment.
Are there any other discussions on this. otherwise I would
like to vote first on this amendment.
All those in favor of the amendment to delete part 2 signify
by saying aye (Aye: Baker, Horow, Lehman). Those opposed (aye:
Throg, Pigott, Kubby, Nov) Amendment fails.
Going to the original motion for both endorsement and
reservation of urban renewal parcel 64-1A. Roll call- (Yes).
okay. great. The motion passes.
F051094
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#21 page 1
Horow/(#21) Moved by Mov, seconded by Baker. Discussion.
KUbby/ This should be the start of our public information campaign
and if we could have staff outline why we are doing something
and what we are going to do with this design.
Schmadeke/ The reason we are recommending this work is to comply
with EPA requirements for ammonia removal. The work involves
expansion of the south plant and a tie in between the north
plant and the south plant to begin phasing out the north plant
facili ty.
Kubby/ We are not talking about expanding capacity at this point of
out waste water treatment but talking about needing more
facilities to deal with ammonia removal which is a federal
mandate.
Schmadeke/ That is correct. There is some minor expansion just in
the process of developing this plan. I think it is like 3%.
Horow/ Chuck, could you take us through I-lhat happened with the
original waste water treatment plant and the court orders that
we had to go through. Why did we have to go through them.
SChmadeke/ We were under a court order I believe in 1988 to build
new waste water treatment facilities.
Throg/ Can I interrupt for just a second. I hear you say 1988 and
that is important to note. I think the newspaper accidently
said 1978 and so the fact that is was 1988 makes it sound a
lot more-
Horow/ But why were we under a court order.
Schmadeke/ Because our effluent at that time did not meet the
effluent limits that were required and we were under a court
order to meet those effluent limits by 1990 in the court
order. So we began construction in 1988 to meet those
requirements.
Horow/ Should we have done this before. Is that why we were under
a court order.
Schmadeke/ The state and federal government expected us to have it
completed prior to the time that we did, yes.
Horow/ And why didn't we.
Gentry/ There were not votes on the council to do it.
F051094
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Schmadeke/ January 20, 1980 federal money began to dry up. Iowa
city along with many other communities were promised federal
money for waste water treatment facilities. After 1980 that
money dried up quickly. In fact, beginning in 1980 there was
a freeze put on the distribution of federal moneys and with
that Iowa city looked at ways to cut the cost of their
facility and that is why that work was extended beyond the
deadline that was imposed on Iowa city.
KubbYI So we ended up a court order building $40 million new sewage
treatment plant with total moneys coming from us.
Schmadeke/ That is right.
Throg/ And that new plant was the south treatment plant.
Schmadeke/ At that time we built the south treatment plant and
expanded the treatment of extraneous flows at the north plant.
Within six months after completion of that facility EPA
tightened up effluent restrictions again and imposed the
ammonia criteria. The State of Iowa had a ten year moratorium
on requirement to make any additional improvements if the
previous improvements met the effluent limits that were
established for those improvements. So we were then operating
under what we felt was a ten year moratorium on any new
construction. EPA has stated that Iowa law is in violation of
federal law and is now ordering Iowa city to comply with the
new more restrictive regulations.
Lehman/ How did we select Stanley Consultants as the company to do
our work.
SChmadeke/ We interviewed three firms I believe for this work and
stanley Consultants was selected based on their
qualifications.
Lehman/ Had they done work for us before.
Schmadeke/ They have done work for us before.
Lehman/ And we have been satisfied with their performance.
Schmadeke/ Yes, we have been.
Horow/ Was their bid one that was reasonable.
Schmadeke/ We negotiated a fee with Stanley Consultants. It was
not a bid process.
Throg/ When did that contract start, Chuck.
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#21 page 3
schmadekej The contract was entered into October 26, 1993.
Horowj So this is essentially an extension of that original
contract.
Schmadekej The next resolution will be an extension of that
contract, yes.
Throgj One thing that puzzles me has to do with the June 1
deadline. That is as best as I can tell that is a new date,
at least one that we just recently heard. Now maybe I am
misremembering or something. And I understand that staff
received a letter of some kind from EPA or from the state in
March indicating that there was this June 1 deadline.
Schmadekej That is correct.
Throgj Why June 1 deadline. Where does that come from.
schmadelcej It comes from the state. I don't know why they selected
that date.
Throgj Have we indicated to them that that date seems, if you will,
premature. That September 1 is a more reasonable date.
Schmadekej We had been visiting with them about the progress of
this design outline document and I think probably they were
looking at the completion of that. When they felt we could
complete it as the date that they wanted it submitted and they
are accepting this design outline document as a plan of action
from the city.
Kubbyj But we didn't ever go back to them and say we would like a
different date.
schmadekej We had requested a meeting, a p.h., with EPA in January.
Kubbyj To go back to the year 2000, right.
schmadekej To negotiate a reasonable time frame. EPA will not meet
with us until they have had a chance to look at our plan of
action.
Kubbyj Even if we pass this resolution for design we still maybe
able to negotiate about the date of completion.
Schmadekej The July, 1988 date is the date that Iowa city staff and
DNR staff feel is a reasonable date based on our ability to
construct the facilities. That will have to be submitted to
EPA. They mayor may not accept that date.
F051094
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#21 page 4
Throg/ The fact that we are involved in this effort to figure out
how to treat ammonia best certainly comes as no surprise to me
or any of the other members of council. It probably does not
come as a surprise to anybody who has been reading the Press
citizen for the last year, at least. So we have known that
that has been in process. I think part of what comes as a
surprise to me is the June 1 deadline. I didn't know that we
would today be facing a resolution. I didn't know that until
Friday, this past Friday. The other thing is a surprise to me
has to do with the estimated cost of the project and I will
probably get the number wrong. But my recollection is that
the rough estimate is the ammonia treatment work will probably
cost about $30 million and now it seems to be it would cost
about $43 million. That is a surprise to me. So those two
elements act to, again, surprise me and that is part of what
I was trying to express last night. So, why did it go from
$30 to $43.
Schmadeke/ Out estimate was a construction costs estimate and that
cost in now at about $34 million. We did not add the cost of
the engineering fees, r.o.w acquisition and those items.
Probably should have but generally we just figure actual
construction costs. So that is why those are higher. As far
as the June 1 date that was a surprise to us as well. The
letter was dated March 8. We probably got it three of four or
five days after that. It is about a two month notice to
present a document that took us six months to prepare.
Nov/ When we talk now about $43 million are we including the
interest and the bonding costs and things like that. Is it
possible to go up higher yet.
Schmadeke/ I think the $42 million includes all of those costs.
Baker/ Very briefly, you may have to repeat yourself here. Would
you clarify how we jumped from $30 to $42 because it seems
like you said we estimated a construction cost and we just
didn't do this other stuff. But does that mean that was never
part of the plan originally or-
Schmadeke/ Staff estimated the construction at $30 million. We
just neglected to add in the design costs and everything.
When we put the project together we were just looking at
construction costs.
KUbby/ You are saying engineering and public r.o.w. costs are $13
million.
Schmadeke/ And the bond sale. That is what Stanley has estimated.
We are hoping-I think there is also a 15% add on in
F051094
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#21 page 5
contingencies.
Kubby/ It is 25%.
Atkins/ It is a large contingency and you won't actually know what
the cost is until the time of bid. Just help me with my
recollection. We also added to that project close to $1
million in smaller sewer improvements throughout town. The
pine streets and sort of that list of odds and ends built into
that that we had not considered. Secondly, that pump station
is $4.5 million and I don't recall if it was close to that,
the cost, when we were originally doing the connection
project.
SChmadeke/ We had estimated close to that.
Throg/ One question and a statement. In ammonia treatment, what is
the benefit. I know there is a benefit maybe- I mean for the
river and the environment. Could you kind of restate what
that benefit is rather than simply having us talk about the
fact that EPA is making us do it.
Schmadeke/ I believe it is a benefit to the aquatic life in the
river. Dave, you may want to add to that.
Dave Elias/ The ammonia concentrations can present a toxicity
problem to aquatic life in the river. It also stems from a
water quality standard that relates back to drinking water and
the more ammonia that is in the surface water that can be
taken into a drinking water plant the more it has potential
for reacting with chlorine to produce a carcinogen.
Triethylmethanes. So that is also what is driving the EPA's
quality standards for ammonia removal.
Kubby/ with the drinking water standards needing us to deal with
nitrates in the front end of this process of water use or in
the middle of the process in terms of drinking water. will
that help reduce from today's amount of ammonia per gallon or
whatever until you want to speak of in terms of what we have
to treat. If we have less ammonia and less nitrates in the
water coming out of our taps we will have to treat it less as
it gets to the sewer treatment.
Elias/ No, it really goes the other way around. If we put less
ammonia back into the river for whatever source, agriculture
run off or waste water treatment effluent, there will be less
nitrates produced in the river and so there would be potential
for less nitrate treatment at a water plant. But the amount
of ammonia that is generated at the waste water plant is not
proportional to the drinking water supply. It is more
F051094
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#21 page 6
proportional to the waste that we as consumers add back into
the water, proteins specifically.
Kubby/ Although that statement doesn't-if we had a waste water
treatment plant above us taking out ammonia or putting in less
ammonia. We don't really have that. I guess we have
Coralville coming into Clear Creek.
Elias/ The ammonia coming out of the waste water plant is just an
additional contribution to the whole ammonia loading in the
Iowa River. Agricultural, municipal. There are municipal
plants above us on the Iowa River.
Kubby/ So as we are asking the agricultural community to take
responsibility for their contribution to nitrates in the
river. This is our contribution to reducing nitrates.
Elias/ Correct.
Horow/ When we have the water tested in the river at the waste
water treatment plant, by any imagination do we get affected
by Coralville's waste water treatment effluent for ammonia.
Elias/ Could you say that again.
Horow/ It is my understanding that Coralville's waste water
treatment flows into the Iowa River. By the time it gets down
to our waste water treatment plant does it affect our testing
for ammonia to meet the standards.
Elias/ It doesn't affect our testing. What it does affect in a
small percentage, it does remove part of the allocation that
we potentially could use for using the rest of the flow in the
Iowa River to dilute down to a certain concentration or
toxicity level. So Coralville's discharge being about a half
mile above ours. They are allocated a certain amount of the
river for mixing with their water and then we have a certain
amount that we are allocated to be able to mix with.
Horow/ But we have to adjust for that.
Elias/ It is a relatively minor adjustment actually.
Horow/ Thank you. Any other questions.
Lehmani Where is Coralville's discharge.
Elias/ It is right behind-I think there is a muffler shop on
Riverside Drive near Benton street, Dairy Queen.
F051094
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#21 page 7
Horow/ Well, then what comes out underneath the Museum of Art.
Elias/ That is storm water.
Nov/ Sump pump.
Kubby/ If we change the date from June 1. If we could get them to
change it for two years. What you bring back to us that would
be any different design wise than what we have before us.
SChmadeke/ Probably nothing different.
Kubby / The big options for me is how we choose to treatment
ammonia. We have looked at chemical, biological and wetland
and found that the biological route is the cheapest by far in
magnitude of a third of what it would be for wetlands. There
is other issues in terms of money and safety in terms of using
chlorine treatment. And so even with the change in date I
don't really know what would be different. The process could
be different in terms of how we are dealing with the public.
And that is of great interest to me to make sure that people
are understanding all of this and if we have a lot of
questions. Making sure that we understand what we are doing,
why we are doing it, the economic, the political, the
environmental benefits, costs for all of this. So more time
would give me more time to make sure people understand what is
going on.
Horow/ Or we do both concurrently.
Kubby/ I prefer not to do it in that way. I feel like we did that
with the just under $50 million for the water plant and
wouldn' t want to so soon. wi thin two months to do it
backwards again in my mind. Our process is a little
backwards. So I feel a little stuck in that process.
Lehman/ We have two different items here. One is to submit our work
plan to the state by June 1. The other one is to start the
design or whatever on the plant itself. Item #22 is awarding
a contract. So there are two different phases.
Kubby/ Right. But by voting for item #21 which is accepting the
design outline we are saying this is the way we want to do
this. This is-we understand the associated costs and we are
ready to go forward with this particular design plan.
Horow/ Jim.
Throg/ I wrote a statement. I wanted to read that we your
permission, Sue, primarily because of the article that
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#21 page 8
appeared in the paper this morning and I wanted to be clear in
speaking publicly about what I think and why. So last night
during the work session I expressed several concerns about the
proposed resolution. My main concern had to do like Karen has
suggested, the process. My sense is the public has the right
to expect and I am sure you would agree that this council will
thoughtfully reflect about motivations and consequences before
committing the city and its residents to expensive course of
action. Accordingly I expressed surprise that we were faced
with a resolution that would commit us to spending $43 million
for ammonia treatment without first giving ourselves a chance
to read the report, to ask respected outside expert peers to
review it, and to give the public a chance to speak about the
report during a p.h. I feel very strongly about those process
issues. Maybe because of my background at the University. I
don't know. But I feel very strongly about it. But I do want
to be clear that I am raising these questions not, not, not in
the spirit of criticizing our technical staff. We have a
terrific staff that puts in long hours performing high quality
work and I want people to know that I think that. I raise the
process question in the spirit of feeling accountable to
people who elected us. Many people in the city are likely,
regardless of what we do tonight, they are likely to be deeply
upset about what happens to their bills when the water and
waste water plants and modifications have to paid. They are
just going to be upset. They will want to know that we have
done everything we can to meet our legal and I think moral
commitment in the most cost effective way possible. I don't
see how we can say that we have done that unless this council
has had a chance to read the report and ask other experts to
critique it and give the public an opportunity to speak about
it. While it may well be that this council has no choice but
to comply with extraordinarily inflexible date and federal
regulation. It may be we are trapped. It may that we have to
meet an absurdly hasty schedule that prohibits the kind of
thoughtful reflection that I want. But I rebel at spending
$43 million of public money because the devil made me do it.
I want to make that kind of commitment because I am persuaded
it would be a good thing for the people of Iowa City, a good
thing for the river. Not because we are threatened with this
and threatened with that. So I feel deep frustration like you
were expressing feeling a sense of being trapped or whatever.
Thanks.
Lehmani Chuck, I have another question. How much-what are we
talking about in terms of time and money to have somebody else
look at this.
schmadekel Probably six months in time.
F051094
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Throg/ Maybe I should be clear about what I meant by the kind of
review. I certainly do not mean hiring some other consultants
to kind of reproduce the report. That surely would cost a
bundle of money and take a lot of time. What I have in mind
is asking three or four respected people in comparable
situations as yours in other cities or perhaps a professor at
some University, it doesn't have to be here. Ask them to read
the report and look for the soundness, the quality of the
consultants report. Are there any holes. Is it well done
from that technical point of view. Knowing that you know it
is a good report but still we can look for-it really helps to
have that kind of critique from other people who are also
experts. That is what I had in mind.
Horow/ That costs money. They won't do that for nothing.
Pigott/ It is true, it does cost money, Sue. But the cost relative
to the size that we are spending is very small.
Horow/ But the length of time to get that out, get the reviews, and
get all the public input I think would be far longer than the
time we have got. In many issues we have to make decisions in
a very quick turn around time looking at past projects done,
past reports, past proposals by various companies you can come
up with minutia. I can come up with minutia questions on
these. But in the long run they are acceptable.
Throg/ Of course if they come up with minutia questions we wouldn't
pay attention to it. That would tell us that the report was
soundly done and that we have great confidence.
Horow/ I can imagine quite a number of the public coming up with
questions that are very picky-
Throg/ I thought you meant the external review. The kind of review
I have in mind would probably take four to six weeks as an act
of kindness to the person being asked to look at it. In terms
of reading it and critiqueing it that is a matter of probably
a day on the part of the person involved. It is the effort to
find the person and ask them to make that kind of commitment
and give them enough time to read it so they don't have to
disrupt their lives in order to do it.
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Lehman/ When we researched the last sewer plant, we had a plant
that was ready to be built. We took another look at it and we
had two engineers, not on city staff, review this. I mean
they went through thousands and thousands of pages and spent-
They started in 1984 looking at that plant and it was already
to go. We started building in '88 which meant four years and
most of that time was spent in good faith effort trying to
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#21 page 10
find a good sewer plant that we ended up building under court
order.
Horow/ I disagree that this would be a 24 hour period of time. I
think the calculations would have to be recalculated. The
sources from which the calculations would have to be
rejustified. I know how much time my husband spends on
reading reviews. You do too. If you have got calculations
involved and then they are different then just a plain prose
and I disagree that this would be a 24 hour period.
KUbby/ 24 hours, I don't think that was ever mentioned.
Throg/ I said it might take about a day's worth of time but I
certainly wouldn't want to lock anybody into something that
would only be a day.
Horow/ In order to give a good review of this you truly would have
to go back to the original data and recalculate. You would.
Or that wouldn't be fair to the consultant.
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pigott/ May I ask, in the interest of just thinking about this for
just a minute, and maybe the answer has been said already.
How important is it that we pass this tonight as opposed to
two weeks from now just to give that space of time to find out
whether that June 1 deadline is a deadline. I mean we could
wri te a letter, we could make a phone call. You know, whether
that is at all negotiable and if not, then at the next council
meeting talk about-I mean just to give us that breathing space
so that we investigate some of the questions which I think are
legitimate that Jim has brought up about process and whether
or not that deadline is hard and fast. It would make a big
difference in my feeling.
Throg/ Can I make a modification. I don't want us to get lost in
this arcane debate about this particular plant and whether we
should delay for two weeks for this one or the other reason.
My real concern has to do with the act of proposing to spend
a bundle a money without us as a council really having an
opportunity to reflect on it. So I am looking forward and I
am thinking are there other instances in the future where we
might have to be expected to spend $25-40-50 million on some
other issue two years from now or four years from now or
whatever. And my sense is that we as a council and any future
council should have a different process for reflecting upon
what to do. So, I guess in one sense I don't want us to get
locked up on this one particular issue. It is more looking
ahead and having a reasonable process.
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#21 page 11
We are expected to read our material and make a decision. Now
we know some things are coming up but we are not sure exactly
when. Sometimes we don't get the supporting documentation.
Like for an example like this, we have not seen this executive
summary before the earliest 3:00 PM on Friday and we have the
weekend. So it is hard to get a hold of resources we may have
as individual networks to contact them. And so there is very
little time to reflect on the specifics a lot of time and
since we did know about this in March and we knew we would
have to be dealing with it. Maybe getting some of this stuff
so that we could read things two weeks in advance or a month
in advance of making decisions. It brings up a bigger issue
of how soon we get information that we are going to need to
vote on.
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no problems with the process that we have been dealing with,
that previous councils have been dealing with on certainly as
large if not larger sums of money and the outcomes of which
our citizens can depend upon. We are a city manager form of
government, we have got a staff to not only solicit for the
work to be done but also review and I guess because we are
representational of the citizens I feel strongly the process
has served us well in the past and I see no reason to change
it for the future. I understand where you are coming from but
I have to agree-
Pigott/ I haven't really said much here but I did want to echo what
Jim and Karen had mentioned. I really don't think the process
has been adequate. It is precisely because we are a
representative form of government that it is important that we
have time to look at these documents, to think about it, to
have a p.h. and to bring the pUblic into the process. If we
are not the ones to do it than who is. If we are not the ones
to hold the p.h, is we are not the ones to bring this out to
the public then we do just to decide this on a weekend basis
and I don't like that process and I am sure that I go hitting
someone's door and they tell me that their water and sewer
rates jump they are not going to be too happy about the
process.
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the-
Pigott/ Maybe not but that it is the opportunity to give it.
Horow/ They want you to hear them and they want you to be
comfortable. I understand that. But I also don't think they
are expecting you to give them technical blow by blow.
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F051094
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#21 page 12
Lehmani Sue, just one last comment. You know I could have gotten
this six months ago and I wouldn't know any more about it than
I do right now. The folks that I know really don't know much
about sewer plants and how you treat nitrates or whatever. I
think we have heard tonight, at least I have asked and I have
no reason not to believe that we have picked a good firm. We
have got competent city folks. We have got a city manager who
has gone through this six times. Now if this were a matter of
policy then I think it is a matter of yes, we definitely need
to look at it. If it is not a matter of pOlicy, a matter of
a mandate, something that we have to do, I don't think we have
a whole lot of choice and history has shown us that when we
drag our feet it costs us a lot more money, we operate under
a court mandate. I think we have to be able to make up our
mind and put our trust in the folks that we hire. So I am
going to support this because I know nothing about this but I
know the folks who recommended it and I trust them.
Kubby I I have got to make one last comment before we vote. That is
with the water treatment plant I was not at the meeting but I
did ask that a statement be read that I would have been voting
no for the drinking water plant because of this process issue.
And I find myself wanting to vote no again but I think I am
going to vote yes because I have been on council very much of
this discussion so I have had the opportunity personally. I
have been reading this stuff through time. I know that staff
has made the effort in terms of looking at alternatives means
for ammonia removal. And because I don't think anything will
be different in two weeks or in two years I am going to vote
yes in a small part against my better judgement. I believe
that process sometime is more important than content
especially in a democracy. It is not that we are talking
about $2000 for he Jaycees fireworks like we did last night.
This is $43 million which I really-I have some intellectual
idea of what that is but in a practical sense I mean that is
an unbelievable amount of money.
Novl We are never going to meet that amount of money.
Horowl Let's button this down. We have got a motion on the table.
Roll call-Resolution passes, Throg voting no.
F051094
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#22 page 1
Horowl (#22) Moved by Nov, seconded by Lehman. Discussion.
Throg / Sue, given the prior vote I would see no reason to vote
against this. So I will vote for it.
Horowl Great. Any discussion. Roll call-
Novl I have to say one more thing here. The reason we have gone
into this amount of discussion and this amount of money is
that we did not connect those two plants years ago. It was
part of out intention or actually part of a previous council's
intention to connect those two plants at the same time as the
south plant was built. They decided to save the money then
and we are really paying for it now.
Horowl Roll call- (yes)
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Agenda
Iowa City City Council
Regular Council Meeting
May 10, 1994
Page 15 ~ .M
ITEM NO. 23 - CONSIDER A RESOLUTIONAUTHORIZING THE ~AYOR TO SIG~ AND~
9'f - I'l-l CITY CLERK TO ATTEST AN AMENDMENT TO AN AGREEMENT BETWEEN
THE CITY OF IOWA CITY AND N.N.W.INC. OF IOWA CITY, IOWA, ESTAB-
LISHING DESIGN FEES FOR ENGINEERING SERVICES FOR THE WOOLF
AVENUE BRIDGE REPLACEMENT PROJECT.
Comment: The investigation and recommendation phase of the Woolf Ave-
nue Bridge Replacement Project has been completed and now the fee for the
design phase can be determined thus requiring an amendment to the agree-
ment. This amendment establishes a not-to-exceed fee of $38,730 for the
design phase.
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ITEM Ncr.24~v CONSIDER A RESOLUTION WARDING CONTRACT AND AUTHO IZING
'iL/- 1'i'Z- THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT
FOR THE CONSTRUCTION OF THE LANDFILL LEACHATE CONTROL SYSTEM
PROJECT.
Action:
Comment: The bid opening for this project was held May 3, 1994 and the
following bids were received:
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Iowa City, Iowa
$362,558.50
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Waterloo, Iowa
$696,020.00
Bolander and Sons Co.
St. Paul, Minnesota
$869,390,00
Denver Construction
Denver, Iowa
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Engineer's Estimate
$1,166,525,50
$491,000.00
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Public Works and Engineering recommends awarding this contract
to Barkers Inc. of Iowa City, Iowa.
Action:
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#24 page 1
Horow/ (#24) Moved by Nov, seconded by Kubby. Discussion.
Pigott/ Why the incredible range of-
Nov/ Particularly that fifty cents on the $1 million plan.
Fosse/ There are two aspects to this job that make it unusual. One
is the conditions that will be encountered when they actually
do the renovation is really anybody's guess out there. And
also the aggregate that was specified needs to be imported
from out of state and I think the prices vary widely on the
aggregate. We need to get an aggregate in there that isn't
subject to any kind of chemical degradation and getting slushy
over time. So we used a chip.
Kubby / If everyone has those same specs, why is one person
$600,000-700,000.
Fosse/ We are kind of wondering the same thing. It is just a matter
of risk that they are willing to take to get the job.
Kubby/ Does that mean we just saved $800,000.
Horow/ But do we-is the engineers estimate for cost overruns. Id
there any way of anticipating cost overruns. Do we have any
track record with these people that they might for bid
something that they come in over the cost.
Fosse/ They are doing the Whispering Meadows Wetland Park for us
right now.
Horow/ okay, any other questions.
Roll call- Passed.
F051094
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Agenda
Iowa City City Council
Regular Council Meeting
May 10, 1994
Page 16
ITEM NO. 25 - CONSIDER A RESOLUTION AUTHORIZING THE CITY ENGINEER TO NEGOTI-
<1'i- -1'11.- ATE AND THE MAYOR TO SIGN TEMPORARY CONSTRUCTION EASEMENTS
IN CONNECTION WITH THE NORTH SUMMIT ALLEY GRADING PROJECT.
Comment: The City of Iowa City must acquire temporary construction
easements to facilitate the North Summit Alley Grading Project. This resolu-
tion authorizes the City Engineer to negotiate and the Mayor to sign these
documents, including authorization of condemnation if necessary. Every
effort will be made to negotiate acceptable agreements without resorting to
condemnation. Prior to proceeding with condemnation, staff will notify
Council.
Action: #/4.1 iL,4/J1t&tU/
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ITEM NO. 26 - CONSIDER A RESOLUTION AUTHORIZING THE CITY ENGINEER TO NEGOTI-
~'t-I't-t ATE AND THE MAYOR TO SIGN PERMANENT EASEMENTS AND TEMPO-
RARY CONSTRUCTION EASEMENTS IN CONNECTION WITH THE MAIDEN
LANE PEDESTRIAN BRIDGE PROJECT AND THE MAIDEN LANE PAVING AND
SANITARY SEWER ASSESSMENT PROJECT.
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Comment: The City of Iowa City must acquire permanent easements and
temporary construction easements to construct the Ma,iden Lane Pedestrian
Bridge Project and the Maiden Lane Paving and Sanitary Sewer Assessment
Project. This resolution authorizes the City Engineer to negotiate and the
Mayor to sign these documents, including authorization of condemnation if
necessary. Every 'effort will be made to negotiate acceptable agreements
without resorting to condemnation, Prior to proceeding with condemnation,
staff will notify Council.
Action: ...{;.ddt.y ,I oftkt,vvJ
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ITEM NO. 27 - CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND
ql{ -145 THE CITY CLERK TO ATTEST THE FY95 28E AGREEMENT FOR
PARA TRANSIT SERVICE BETWEEN THE CITY OF CORALVILLE, THE CITY OF.
IOWA CITY, AND JOHNSON COUNTY. ' "
Comment: This agreement will provide for Johnson County to provide para-
transit service within the City of Iowa City during FY95. The contract
amount in FY95 is $468,420, an increase from the FY94 amount of
$291,000. Paratransit service is transit service operated for persons who for
reasons of age or disability are unable to use fixed route Iowa City Transit
service. Beginning in FY95 there will be a single agreement for paratransit
service between the cities of Coralville, Iowa City and Johnson County,
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#25 page 1
Horow/ (#25) Moved by Kubby, seconded by Lehman. Discussion.
Kubby/ The only other thing that I would like for this project is
to include and I am not sure if it does is when you enter the
alley from North Summit
CHANGE TAPE TO REEL 94-70 SIDE 2
and if we are going to take the time and expertise and money
to rectify the situation I think we should also replace those
trees if they need to be replaced. And I would like us to add,
if it is not in there to make sure that those trees are okay.
Horow/ How much money would that involve.
Kubby/ There was a small line of trees. I don't recall how many
are there.
Fosse/ Replacing trees goes in a ballpark of $200-250 per tree. So
it just depends on how many we put back in there. The
original cost estimate on this project was somewhere around
$20,000. It does appear that we will be going to condemnation
on one property. So just a notification that we are talking
about here and between legal expenses and the acquisition of
the easement that could add in the neighborhood of another
$5,000 and then with the trees-somewhere in the neighborhood
of $25,000 to $32,000, I thin]{.
Kubby/ I wouldn't have a problem with the people who were
responsible for the damage paying for trees. We decided to go
that route. I think the people who did this should pay for
the whole thing.
Nov/ That is more like it.
KUbby/ But that is not the route we have chosen and so if we are
going to do this and rectify correctly I think we should do it
and those trees are part of that rehab.
Horow/ What does this do to your budget.
Fosse/ I think, well, Steve can say whether or not there is money
available for it. I get to spend, he rounds it up.
Baker/ Take some fireworks money and buy some trees.
Kubby/ That is right. It may be the city forester has some trees in
the nursery that would be appropriate. That should always be
our first avenue. It is just that property owner had those
trees for a long time. It shielded them from the ally and if
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#25 page 2
those trees die out of no behavior of their own those trees
are dead, why should they suffer because of the consequence of
'someone else's behavior.
Novl And of course, even if we replace them you are replacing the
with much smaller trees.
Atkins/ It is your desire to have the trees replaced. We will see
that they are replaced.
Horowl Roll call-Passes
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Horow/ (#27) Moved by Nov, seconded by Kubby. This is not a p.h.
Bob Welsh/ I thought you said not to speak on issues that were on
the agenda in public discussion. I should have spoken on this
during public discussion.
Horow/ You have gotten me on a technicality, go for it.
Welsh/ I don't mean to get you on a technicality. I trust that my
presence at this hour is evidence at my concern and interest
in this issue. I am glad that you plan to sign a SEATS
contract with Johnson county. However, I would be remiss if
I did not express to you my concern and displeasure with the
proposal to conduct yet another study. And since this is the
first opportunity for any public input on that, since you have
just been discussing process in making decisions about public
input, I think it is appropriate that I address you. I don't
personally believe that the three factors listed in the memo
of May 5 that was passed onto you by the city manager warrants
a study. In the interest of time I won't go through each of
those and tell you the reason for that. Let me get to my main
objection I have to this proposal for yet another study. Is
that it raises the issue of "control" and if the news report
is correct the fact of the city "receiving credit" for the
public service that it is rendering. No place and this
disturbs me, in the two memorandums that you have received in
your Friday packet is the quality of service addressed. In
the news release of the meeting last night, I am sorry I got
here after your discussion, there is a quote we can manage it
better. SEATS, I would emphasize, is far more than a business
operation. It is a human service. The drivers provide more
than a ride. They provide support and assistance. Should
you, as the one mandated to provide the most services and
therefore the major funder, have a significant voice. Yes.
But you don't need another study to address that issue. To
have one system to provide county wide services makes sense to
me and I think to most people. And to me it makes sense for
that service to be provided by the public body with the
largest population and geographic base. And that is the
county. I am glad that you plan to sign the contract. I
hope, however, that rather than conducting another study that
you will consider expressing to the county your interest in a
citizens' committee to advise the director of SEATS now, this
year and not next year. ALso, if there are policies and
procedures that you the city think should be changed then put
them on the table now. You don't need another study to do
that. I believe it is unfair to the elderly and the disabled
to have them continually waiting to see what shoe is going to
be dropped next. I urge you to sign the contract, to suggest
a committee and to put on the table now your policy and
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#27 page 2
procedural concerns and work together not to control or to get
credit but to serve.
Horow/ Okay.
discussion.
There is a motion on the table.
Roll call- (Yes)
Any other
Kubby/ I guess I would like to add one more thing is that I find
Larry Olson, the Director of SEATS, to be very very open to
discussing the way things are and that is there are some
things in the interim period, no matter tvhat the council
decides to do, we should be communicating with him. Anything
that we would like to see that is above and beyond the things
that were negotiated with the contract in terms of making sure
that we can document that we are complying with the American
Disabilities Act. If there are other things all we have to do
is talk to Larry.
F051094
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Agenda
Iowa City City Council
Regular Council Meeting
May 10, 1994
Page 17
ITEM NO. 28 - CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND
~lf - I'll:, THE CITY CLERK TO ATTEST THE FY95 AGREEMENT BETWEEN THE CITY
OF IOWA CITY AND THE CITY OF UNIVERSITY HEIGHTS FOR THE PROVI-
SION OF TRANSIT SERVICE WITHIN THE CORPORATE LIMITS OF UNIVERSI-
TY HEIGHTS.
Comment: This contract provides for the continuation of Iowa City Transit
service within the corporate limits of University Heights. The annual contract
amount for FY95 is proposed at $27,060. This is the same as the FY94
contract amount. University Heights is now paying a slightly smaller portion
of Iowa City Transit's annual operating expenses because as of the 1990
census their population is a smaller percentage of the total population be-
tween the two communities.
Action: ~td~ .I n,--~
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ITEM NO. 29 - CONSIDER A RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE
q,/- ~ /41 PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT AND THE
AFSCME PAY PLAN,
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Comment: With the increase in funding and in the City's involvement in
various federal programs ICDBG, HOME, Emergency Shelter Grants,
McKinney Homeless programsl, additional assistance is needed to deal effec-
tively with the paperwork and recordkeeping. This position will be funded
with federal monies,
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ITEM NO. 30 - CONSIDER A RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE
'11- N'O WATER DIVISION OF THE PUBLIC WORKS DEPARTMENT.
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Comment: This resolution replaces a vacant position of Assistant Treatment
Plant Operator with a Treatment Plant Operator position. The new position
will increase the number of operators available for relief operation on a 24
hour basis and will increase the on-call operators for plant emergencies. In
addition, this change will address changes in Department of Natural Resourc-
es and EPA rules that require a Grade II Operator's Certificate for facilities of
the complexity of Iowa City's Water Treatment Plant, The TPO will also
provide assistance with preventative and repair maintenance duties,
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Horow/ (#28) Moved by KUbby, seconded by Nov. Discussion.
Nov/ I had one little technical discussion. Did we get a cleaned
up copy of this.
Gentry/ Yes.
Horow/ Roll call- (Yes) Adopted.
F051094
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#30 page 1
Horow/ (#30) Moved by Nov, seconded by Throg. Discussion.
This is just for your information on council. These changes
that have corne about from the DNR and EPA about a Grade II
Operators certificate-I believe that was like a positive-this
is some of the material that a group now know as LGERC, Local
Government Environmental Resources Council, that was formed
from the Iowa League of Municipality on which I sit, took
these up and discussed them. Our Department of Public Works
had input in terms of applicability to the city. I just
wanted you to know that this is not something that the IDNR
carne up with. But it was certainly proposed but we had input
into its efficiency, appropriateness as well.
Roll call- (Yes) The resolution is adopted.
F05l094
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Agenda
Iowa City City Council
Regular Council Meeting
May 10, 1994
Page 1 8
ITEM NO. 31 - CONSIDER A RESOLUTION ESTABLISHING CLASSIFICA-
94- 119 TJON/COMPENSATION PLANS FOR CONFIDENTIAL/ADMINISTRATIVE EM-
PLOYEES AND EXECUTIVE EMPLOYEES FOR FY95 AND FY96.
Comment: This represents a 3 % across-the-board adjustment to the pay
plans in FY95 and FY96 which is consistent with adjustments with other
employee groups,
Action: J;~/ l!.~~
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ITEM NO. 32 - CONSIDER A RESOLUTION AUTHORIZING THE AIRPORT COMMISSION TO
q4- 150 PROCEED WITH THE DEVELOPMENT OF PLANS. SPECIFICATIONS, FORM
OF CONTRACT AND ESTIMATE OF COST FOR CONSTRUCTION AND CON-
STRUCTION OF A NINE TO TEN UNIT AIRCRAFT HANGAR BUILDING AT
THE IOWA CITY MUNICIPAL AIRPORT.
Comment: At the April 19, 1994, Airport Commission meeting, the Airport
Commission voted to request Council financial assistance for constructing
additional hangar space at the Airport. The aircraft hangar will accommodate
nine to ten aircraft. Cost of the project is estimated to be approximately
$200,000.00. Airport operating funds will repay an internal departmental
loan in ten years. ,~ ~
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ITEM NO. 33 - CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN, AND THE
q4-- I~I CITY CLERK TO ATTEST. AN AGREEMENT EXTENDING THE FRANCHISE
AGREEMENT BETWEEN THE CITY' OF IOWA CITY, IOWA, AND
CABLEVISION VII, INC.
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Comment': This agreement formalizes extension of the cable television
franchise to facilitate the informal franchise renewal negotiations betweenthe
City and Cablevision VII, Inc. now in progress, It reflects the terms of the
December 22, 1993, agreement wherein the City was given the prerogative
to initiate this extension. Negotiations are proceeding satisfactorily.
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#32 page 1
Horow/ (#32) Last night council considered the need to defer this
resolution. Are we still at that-
Atkins/ If you would choose to proceed you could. Let me just take
you through what we discussed late this afternoon. The life
of the hangar is easily 20 years plus. We have three hangars
out there: one 34, one 23, and one 18 years old. If we have
a ten year payback, as I pointed out to you the other evening,
we have the sufficient money. It is simply when we end the
debt service on one hangar and pick it up on another so there
is no net increase in the budget. When you project out the
life of the 20 years at the $16,000 a year approximately in
income it will more than cover the loan payment. In fact, we
could stretch it out longer if you would like. Your interest
last evening was, and I happen to agree to you, making the
loan repayment as short as possible. There is no net
increase, the budget that-over the life of the hangar-will
actually be an increase in revenue. So, your financial
decision is do you make it short term or do you make it long
term.
KUbby/ In terms of payback.
Atkins/ You put the payback for ten years, no net increase in the
budget and the additional rents, assuming that it is
completely up, will be a net increase in revenue to the
airport over the life of the hangar.
Nov/ However, will the rent as proposed allow them to repay it
within ten years.
Atkins/ No, it will not. But over the life of the hangar it would.
KUbby/ So, we are fronting money over 20 years but we are getting
it paid-then how is it getting paid back in ten years.
Atkins/ We have in the budget $23,000 debt service payment on the
hangar. That debt service is due to end next FY. This hangar
would be constructed, the debt service on the previous hangar
would in fact continue. There is no-
Kubby/ Old hangar money and new hangar money will get it repaid in
ten years.
Atkins/ Right. And then after that period of time the income
accrues directly to the airport. Unless you choose to build
another hangar and then you will continue to perpetuate the
process. Of course it will be more expensive then.
Lehman/ You are talking about debt service that we are now paying.
F051094
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In other words, we would continue that debt service, they
would add to it to build this $200,000 hangar.
Atkins/ You wouldn't have to add to it. It is almost a wash. The
rent from the new hangar, yes, that is correct.
NoV/ In other words we are going to add the rent from all of the
hangars and put it in the fund to pay back the loan.
Atkins/ It all accumulates in that fashion.
Lehman/ The long and the short of it is we continue paying on a
loan that is already paid off.
Atkins/ Yes. If you WOUld-except you are buying new property with
it now. If you would choose not to do this. To say I am not
interested in the hangar, next year's budget you would see
$23,000.
Baker/ Explain to me again that they are going to get how many
dollars rent.
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Atkins/ $16,000 annually.
Baker/ And we would be paying $23,000. Why wouldn't we be paying
$7,000.
Atkins/ You will get
$16,000 a year
interdepartmental
$16,OOO-you would. You are going to get
for 20 years. But you want the
loan paid off in a shorter time frame.
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Horow/ Excuse me, but doesn't the existing hangar that we are now
finishing off the debt on-isn't that still valid and it will
bringing in rent as well.
Atkins/ It continues to generate income. But that is already shown
in your budget. This is new.
Horow/ It makes sense to me. What is your pleasure.
Atkins/ Honestly, it is a lot of just numbers shuffling around. It
nets out-
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Kubby/ The real question is do you want this hangar. If you want
this particular hangar to pay for itself in ten years or are
you willing to let the whole system of hangars payoff the new
hangar in ten years.
Nov/ Very well stated.
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#32 page 3
Pigott/ Very concise.
Baker/ I hope that there are four people that know what they want
on that one.
Kubby/ The other question I have is Ron, are there, in terms of the
Master Plan, will-I assume that the placement of the hangar
will not go somewhere where we are going to have to move it in
a few years because of the Master Plan.
O'Neill That is correct. It is going to be placed in an area that
long term was suppose to have corporate hangar area put in it.
It will make all the setbacks. It will more than make any
setbacks that certainly are required now or that we would
anticipate would be anywhere close to be needed.
Kubby/ So, do we want the hangar to pay for itself or do we want
the system of hangars to pay for the hangar.
Nov/ I think the system should pay for it.
Pigott/ I don't mind the system necessarily.
Horow/ Why don't we take a vote on this.
Roll call-ah, we need a motion. Chair would entertain a motion
to approve the resolution.
Nov moved and Lehman seconded. We have had the discussion.
Is there any further discussion.
Throg/ If we have two alternatives in front of us, which of the two
is this if we vote yes.
KUbby/ Either of them.
Throg/ Either of them, oh, all right.
Atkins/ It will get you a hangar as cheaply as possible.
Horow/ Roll call-(Yes) The resolution passed.
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Agenda
Iowa City City Council
Regular Council Meeting
May 10,1994
Page 19
ITEM NO. 34 - CONSIDER A RESOLUTION AUTHORIZING EXTENSION OF AN AGREEMENT
9>1-- , ~ e. BETWEEN THE CITY OF IOWA CITY, IOWA, CABLEVISION VII, INC., AND
PUBLIC ACCESS TELEVISION, INC.
Comment: The City and Cablevision VII, Inc. have extended the franchise
pending informal negotiations for a renewed franchise. The extension of this
three party agreement is consistent with that action and ensures that public
access services will continue as they are now provided through the remainder
of the current franchise as extended.
Action: ~~ I cJ!t~
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ITEM NO. 35 - CONSIDER A RESOLUTION CERTIFYING UNPAID SANITARY SEWER SER-
VICE UTILITY CHARGES TO JOHNSON COUNTY FOR COLLECTION IN THE
SAME MANNER AS A PROPERTY TAX.
Comment: The City Attorney requests this item be deferred until the June
7 Council meeting to allow her to complete her investigation. See attached
memorandum.
Action:
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ITEM NO. 36 - CONSIDER A RESOLUTION ESTABLISHING FEES FOR SERVICES AND AC-
TIVITIES OF THE IOWA CITY HOUSING INSPECTION SERVICES DIVISION:
Comment: The proposed fee schedule represents a change in
assessing Rental Permit fees. The fee schedule is d' to finance the
cost of one additional full-time Housing Ins r. The proposal assesses
, fees on the basis of the number of b oms per rental structure. Fees for
The proposal also c es the frequency of inspections for single-family
u ~. rental structur rom every four years to three years, The last fee increase
,If' was Ja y 1, 1986. This resolution was deferred from the April 26, 1994,
;V Ceil meeting.
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#36 page 1
Horow/ (#36) Moved by Nov, seconded by Throg. Discussion.
Kubby/ I thought that we were in agreement that we liked the per
bedroom fee and that we wanted an increase in the structure
fee and a raise in the bedroom fee from the current.
Boothroy/ I think we are in agreement on that. We didn't know-
Kubby/ This says dwelling unit and that is different.
Boothroy/ I know. We didn't know how to technically do it with the
computer and it is my interest to go ahead and get these fees
established so that we can start the process of hiring and
work on how we would handle the fee for the larger apartment
units. But-
Kubby/ But we were going to do this yesterday with the per bedroom
and I don't understand-
Boothroy/ It is a problem of mixing the two in terms of the data
base. I honestly don't know technically how to do it. We
were able to sort it either by bedrooms or by dwelling units
but we weren't quite sure how we would mix the two together in
terms of how we would put that formula in.
Kubby/ I don't understand why the formula would be different. It
would just be different numbers. Instead of the cost per
structure being the same as it is now, that would raise, and
then you would have a smaller number instead of $8.00 per
bedroom it would be $6.00 or whatever the number is to make
the math work.
Boothroy/ The 5711 probably would not change as far as the base
because the number of apartments. Let's say we levied a fee
for four and five bedroom units and that constitutes less than
1% of the apartments in town. It is not going to make a
significant difference on that base amount that I am
recommending tonight. The 5711 will give us the amount that
we need to fund the additional inspector and the bottom line
is that is what we need. I hear what you are saying. I am not
sure-
Kubby/ There was some rationale-
Boothroy/ There is some rationale for it and I-we could not come up
with numbers on how to make it work by tonight's meeting. I
don't even know in two weeks whether we will have the
mechanics worked out on that. My concern is moving forward
and getting the inspector in place and the issue of whether it
is per bedroom or on a per dwelling unit is not-it is a fine
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#36 page 2
philosophical issue but it is not critical as far as we are
concerned. The bottom line is that we need the inspector to
maintain our level of service. That is our bottom line.
Kubby/ This position wouldn't start until the new FY anyway so we
have until July to figure this out and vote in a new
resolution if need be.
Boothroy / You could do it by July, yes. We would want to start the
process shortly but the position probably wouldn't be-I don't
know. I would have to ask steve whether it would be available
before July 1 or not. It would take us a month at least
before we would even be able to offer it which would put us in
mid June.
Kubby/ I have a problem with voting something in knowing-
Pigott/ So do I.
Throg/ I surely understand the desire to hire a new inspector and
get the funding in place to do that but this doesn't tell us
who is going to pay for it basically.
Boothroy/ What do you mean who is going to pay for it.
Throg/ Well, the people who have to pay fees. We thought we were
looking for a fee structure in which structures would pay a
base fee and there would be additional payments for each
additional bedroom.
Horow/ That is what we are doing.
Boothroy/ That is correct-
Kubby/ A five bedroom apartment is one dwelling unit. It has five
bedrooms but it is different.
Throg/ Very different in terms of equity amongst apartment owners.
I see very different implications.
Atkins/ Go back to the original resolution.
Boothroy/ Yeah, we have the original resolution.
Atkins/ Go back to your original resolution and you are done.
Boothroy/ The problem of putting it together like that is it is
very complex in my mind in terms of how to sort out a data
base of four and five bedroom units and put a flat fee in
place at the same time. It is a difficult concept, I think,
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to explain as well as to write. Now we can probably do it.
I don't know at this point how to do it and it will take more
time than I had between last night's meeting and tonight's
meeting to get that accomplished. It just simply not
something that we could come to grips with in the short period
of time that we had and as I said last night, I understand
where you are coming from. The bottom line is level of
service and the inspector and the flat fee is going to be in
place. Some sort of flat fee is going to be in place. You
asked for a flat fee anyway.
Novl No, this isn't what we had said. I have to go back to this.
My objection yesterday was the fact that we raised the cost
per bedroom. We decided that we are going to charge everybody
$8.00 per bedroom. We did not raise the basic $40 per
structure. And all I expected was that you were going to come
back here and say it is going to be $50 per structure and $8
per bedroom.
BoothroYI I misunderstood you then. I thought what you were saying
is that you wanted a flat fee across the board with an
additional fee for per bedroom over three bedrooms.
Novl I didn't expect anything quite that complex.
BoothroYI Okay. I misunderstood.
Novl I just said if we hadn't raised the structure fee since 1986
it was time to raise it.
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Novl And I just didn't expect it would change that much. I just
expected that we would amend that part of the original
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Lehmani I have a question for you. $57.00 is per structure. That
means if you have 1 apartment, 2 apartments or 20 apartments.
BoothroYI Per building.
Lehmani And the $11 is per apartment. If you have $57 for the
building and you have 20 apartments you have 20 times 11 for
the apartment. And then $40 to reinspect. What would be
wrong with $11 per dwelling unit plus $2 a bedroom.
BoothroYI We could do that. I don't know what the impact of that is
off the top of my head in terms of-
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#36 page 4
Lehman/I tell you this will give you a little more money than what
you have now.
BoothroYI Absolutely and I don't have any problem with that either.
Lehmani I think it makes sense. I don't think $8.00 did but I
think a smaller amount does make sense. It does take a little
longer. The 5711 that you have in front of you we wor]ced it
out in terms of across the board impact is and it is slightly
less than 40%. It is 39% for most people or maybe everybody
and that is a lot different than what we were talking the
other night when we were just going with it per bedroom. When
you add a $2.00 charge on a per bedroom basis it is going to
raise that impact a 1i ttle bit but it would generate more
revenue.
Lehmani I think it is legitimate. And it gives you six weeks to
figure out how to put it in your computer.
BoothroYI I hate to beg off on computers but it does make things a
little more complicated sometimes.
Kubby I Either resolution that we have before us is not what we
want. So if we vote on this tonight we do it with the
understanding that it will have to come back to us with our
intent in the resolution.
Nov I I can't see any harm in saying go ahead and advertise the
position and we will vote on the resolution two weeks from
tonight.
Lehmani That we will do it one way or another.
Horowl You wish to make an amendment.
KUbbYI I would feel more comfortable.
Novl I wish to withdraw the resolution.
Horowl All right. Throg second, would you you care to withdraw
your second.
Throgl Sure.
BoothroYI Do I understand what you are asking for. I think Ernie
said something a little different than what-
KubbY/I am asking Doug to say what his understanding is so that we
can concur.
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#36 page 5
Boothroy/ Do you want a flat fee with an additional charge per
bedroom.
Kubby/ Yes.
Boothroy/ So it could be like 5710 with $3.00 per bedroom.
Nov/ Or it could be $50 per structure and $8.00 per bedroom.
However you do it there should be an extra cost for inspecting
extra bedrooms.
Boothroy/ But there should be a per dwelling unit charge in that.
In other unit we could do structure, dwelling unit and
bedrooms as one variation. I would like to keep it as simple
as possible.
Lehman/ I don't know about the rest of council but if we go to a
bedroom charge, $8.00 to me is ridiculous. I think-
Boothroy/ I know that you are saying that $8.00 is not going to
work.
Lehman/ Yeah, and I think something much much smaller that $8.00.
Boothroy/ Yes, I heard $2.00.
Nov/ Ernie, if he had that system and he did not have the $11.00,
a one bedroom apartment would be just $8.00 so you want to
keep the $11 plus the extra per bedroom.
Lehman/ Yeah.
Boothroy/ You could vote on that tonight if you would like. As long
as there is a per bedroom charge in there. Whatever variation
we come up for as the base revenue is concerned would be
acceptable. As long as we have some kind of per bedroom
charge.
Nov/ Yeah.
Baker/ And that one bedroom rooming house category of about 40%
would see some fee increase.
Boothroy/ Yeah, they will be because there has to be across the
board if we significantly reduce the per bedroom charge. We
do have to have an across the board. There is no way we could
generate the revenue.
Baker/ Everybody's rates are going to go up something.
F051094
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Boothroyj That is correct.
Karrj Do you want it in just two weeks.
Boothroy j I will have it done in two weeks and I thank you for your
time.
Horowj Moved by Kubby, seconded by Pigott to defer for two weeks.
Any further discussion.
Kubbyj We have been confusing more than once, Doug.
Horowj All those in favor signify by saying aye (ayes).
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Agenda
Iowa City City Council
Regular Council Meeting
May 10,1994
Page 20
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ITEM NO. 37 - CONSIDER AN ORDINANCE AMENDING CHAPTER 32.1, ARTICLE VI, ENTI-
TLED "PARKING FACILITY IMPACT FEE ORDINANCE" BY. AMENDING SEC-
TIONS 32.1 ~ta, 32.1-115, AND 32.1-123. (FIRST CONSIDERATION)
ITEM NO. 38 - CONSIDER AN ORDINANCE ADOPTING THE 1993 EDITION OF THE NA-
TIONAL ELECTRIC CODE AS AMENDED. SAID CODE TO BE KNOWN AS
THE IOWA CITY ELECTRIC CODE. (FIRST CONSIDERATION)
Comment: The Board of Electrical Examiners and Appeals has reviewed the
1993 edition of the National Electric Code and has suggested several amend-
ments to accommodate local conditions and practices and to provide for
administration and enforcement. This ordinance provides for the dissolution
of the Electrical Board and the assignment of their duties to the 80ard of
Appeals with the addition of a licensed electrician to the Board of Appeals.
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ITEM NO. 39 - ADJOURNMENT.
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#37 page 1
Horow/ (#37)
Gentry/ That comment isn't appropriate.
Franklin/ This is changed at your direction from the meeting last
night so that it now just addresses section 32.1-115 & 123 and
deals only with the change in the rate annually adjusting the
parking facility impact fee rate. It only address annually
adjusting the parking facility impact fee rate. It does not
exempt hotels and motels from the impact fee.
Kubby/ The reason we did that is so we could talk about this in
terms of the whole south side and not take this as a separate
issue.
Horow/ Moved by Baker, seconded by Kubby. Any further discussion.
Roll call-
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Horow/ (#38) Moved by Pigott, seconded by Throg. Discussion.
Kubby/ I have a little bit of discussion. This is another example
in this particular packet where we got the information on
Friday and we are going to vote on it on Monday which gives me
no time to talk to the electricians that I know to get some
feedback. I did actually get a little bit of feedback that I
feel uncomfortable going through (can't hear) But there was
some people who had suggestions on some slight changes of
wording and some other kinds of-
Horow. Have you made these comments to the Board of Electrical
Examiners.
Kubby/ I don't think so. I don't know who wrote the ordinance and
did it go through any board process. Ron has been waiting
here.
Ron Boose/ I just arrived. Yes, it did go public meeting with the
Electrical Board of Examiners and Appeals and notice of those
meetings were posted for public meetings and sent out to the
electrical contractors in town.
Kubby/ And even though I think that is status quo procedure. When
things get done to the electrical contractor they don't always
get to the electrician who maybe making (can't hear) doing
work. I want to ask about one of the amendments. It is a
pretty small thing but in the wording of it it says that-Let
me find the exact place. When it talks about the ratio of
apprentices to licensed people. It says apprentices and
laborers. And the concern I have about the word laborer is
that there is a specific definition for laborer. Someone who
belongs to like a laborers' union has certain functions and
they are not really electricians helpers. I don't know what
apprentice helpers are called. But they are not a laborer in
a technical sense so maybe instead of saying apprentices and
laborers it should be apprentices and helpers.
Nov/ What page are you on.
Kubby/ I am on page 11 of the ordinance, under section 8-114, item
d. where it says at least one licensed electrician shall be
present for every three apprentices or laborers.
Nov/ Is there a definition here of laborer. There was a definition
of apprentice, wasn't there.
Kubby/ Yes there is.
Gentry/ How about worker.
F051094
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#38 page 2
Nov/ Worker is fine. Does that bother you.
Boose/ No, I can clarify a little bit and Karen and I talked about
this earlier. The entire reason for including the word
laborer is to get around arguments that we have had in the
past that he is not an apprentice, he is just a laborer. He
is not doing electrical work, he is bending pipe or something.
To get around the semantics of definition. The intent is that
a licensed person would be there for at least every three
people that they are suppose to be supervising in no matter
what capacity. So we were trying to clear it up and if this
language isn't sufficient I don't have any qualms of changing
it.
Kubby/ I am not quite sure what to do with these other suggestions.
One of the things, since there were four public meetings, that
I could pass this on to you because we do this every three
years. That you can just have this in your files to have to
look at in three years when you update the code again.
Horow/ Refresh my memory. Didn't this also happen to the Plumbers
Board of-
Boose/ Yes, and that was one of our-
Horow/ Kind of consolidating.
Boose/ We consolidated. We use to have three different trade
boards that our division dealt with: for plumbers,
electricians and then there is the Board of Appeals that dealt
wi th the mechanical code and building code. And over the last
year we have consolidated them into one board mainly because
we have gone to a standardized test that is administered by a
independent testing agency. So a lot of their testing duties
have been done away with and they just deal with appeals.
There really aren't that many appeals each year. By adding an
electrician and plumber to the Board of Appeals they have
consolidated these three boards into one.
Kubby/ So the two biggest changes that I had identified in this
ordinance was l-that ratio of some supervision to apprentices
and workers or whatever we were going to say. And 2-was the
continuing education aspect of it. That people have to get
eight hours of updates before they can get relicensed. You
would agree that those are the biggest.
Boose/ That and the dissolution of the board itself, yes.
Kubby/ The feedback and the people who I talk to are electricians
who belong to the International Brotherhood of Electrical
F051094
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#38 page 3
Workers and they felt that overall the changes made, because
this is really an overhaul of the electrical code, is very
positive.
Horow/ Okay. There is a motion on the floor.
Roll call- Ordinance passes.
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City of Iowa City
MEMORANDUM
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DATE: May 6, 1994
TO: City Council
FROM: City Manager
RE: Work Session Agendas and Meeting Schedule
May 9, 1994
6:30 - 10:45 P.M.
Monday
.
City Council Work Session - Council Chambers
TIMES APPROXIMATE
6:30 P.M. - Review zoning matters
7:00 P.M. - Parking Facility Impact Fees
7:40 P.M. - CenterSpace - Reservation of Parcel 64-1(A)
7:55 P.M. - Parkin~ Revenues
8:10 P.M. - SEATS
8:30 P.M. -. Ho~sjng Inspection Fees
8:40 P.M. - Refranchising Cable Television Services
9:30 P.M. - Neighborhood Improvement Program
9:40 P.M. - Charter' Review Commission
10:00 P.M. - Wastewater Treatment Improvements Design Ii)
10:20 P.M. - Bicycle Racks Downtown
10:30 P.M. - Council agenda, Council time, Council. committee reports
May 10, 1994 Tuesday
7:30 P.M. - Regular Council Meeting - Council Chambers
May 19, 1994
6:30 P.M. - City Council Work Session - Council
Thursday
Chambers
May 23, 1994 Monday
6:30 P.M. - City Council Work Session - Council Chambers
Agenda pending
May 24, 1994 Tuesday
7:30 P.M. - Regular Council Meeting - Council Chambers
PENDING LIST
Appointments to the Committee on Community Needs and Design Review
Committee - May 24, 1994
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