HomeMy WebLinkAbout1994-08-30 Agenda
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AGENDA
IOWA CITY CITY COUNCIL
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REGULAR COUNCIL MEETING OF AUGUST 30,1994
7:30 P.M.
COUNCIL CHAMBERS, CIVIC CENTER
410 EAST WASHINGTON
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AGENDA
IOWA CITY CITY COUNCIL
REGULAR COUNCIL MEETING. AUGUST 30,1994
7:30 P.M.
COUNCIL CHAMBERS
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ITEM NO.1. CALL TO ORDER.
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ROLL CALL.
ITEM NO.2. SPECIAL PRESENTATIONS
ITeM NO.3.
a. Presentation of Iowa City Afghan to the City Council by the Retired and
Senior Volunteer Program. Il P
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MAYOR'S PROCLAMATIONS. I
a. World War II Commemorative Month - SePtem~~~
b. International Visitors Month. September 1994. ~
c. Marlene Perrin Appreciation Week. August 29 - September 4, 1994.
d. Abilities Awareness Day. August 27, ,1994.
ITEM NO.4. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR
AMENDED.
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a. Approval of Official Council actions of the regular meeting of August 2,
1994, and the special meetings of August 2, 1994, as published,
subject to corrections, as recommended by the City Clerk.
b. Minutes of Boards and Commissions.
(1) Airport Commission meeting of July 19, 1994.
(2) Airport Zoning Commission meeting of July 11, 1994.
(31 Historic Preservation Commission meeting of June 14, 1994.
(4) Historic Preservation Commission meeting of July 7, 1994.
(5) Parks and Recreation Commission meeting of July 13, 1994.
(6) Board of Appeals meeting of July 18, 1994.
(7) Board of Library Trustees meeting of July 28, 1994.
(81 Human Rights Commission meeting of June 9, 1994.
(9) Human Rights Commission meeting of June 27, 1994.
(101 Human Rights Commission meeting of July 14, 1994.
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#2a page 1
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Horow/ (2a) The first item on our agenda this evening is a special
presentation. We have a presentation of the Iowa city Afghan
to the city council by retired and senior volunteer program.
To give this is Joan Cook from RSVP. We'd like the audience to
take a look at this. This will be hanging in city council
chambers. Isn't that beautiful. Joan would you like to explain
a little about this.
Joan Cook/ Retired and Senior Volunteer Program. Susan, on behalf
of the 250 retired and senior volunteers we'd like to present
this Iowa city afghan to the city of Iowa city in appreciation
of your support. Over the past six months we've been
collecting photos and pictures of Iowa city landmarks. We have
a history included with each afghan of the buildings included
on this afghan. They are our fund raiser for RSVP because we
do raise local monies for our program.
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Horow/ I just want to let the folks at home now what this is. We've
got Boyd Tower here, Plum Grove, Johnson County Court House,
okay, Old Capitol, the Close Mansion, Old Brick, Kinnick
Stadium, Hancher way at the bottom down there, and then the
Black Angel in the cemetery. It's fantastic. Thank you very
very much. Council members would you like to see this. They've
got the state bird and state flower on this. That's right so
this will be part of city council. It will be hanging in the
civic center. Thank you.
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Kubby/ How much are they Sue.
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Horow/ These are $45 and I've got some applications. Joan you've
got other applications around at the Senior Center.
Cook/ Yes.
Horow/ Great.
Lehman/ Can we get a black and gold one?
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#3a page 1
Horow (3a)/ Mayor's Proclamation. This is in honor of the Senior
Center Commemorating World War II. Mr. Louis would you like to
come and get this.
Bud Louis/ I'd better stop here at the mic and then come get it.
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Horow/ I'll come down and give it to you. That's all right. stay
there.
Louis/ I'm sure I speak for the veterans of Johnson county in
thanking you so much for this and I believe in front of you.
You have a copy of the agenda of the coming month that was
delivered today. So the festivities will start Thursday night
at 6:00 PM with a flag raising and then come afterwards to the
usa Commemorative party and it goes on all month long. It is
on there. And the other thing, June Braverman-she is not here
is she. She was going to bring over for each of you the label
buttons that we have and I was going to pass those out tonight
and caution Karen that I am going to come and see you wear
that everyday now.
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Kubby/ I try to live out those freedoms everyday, Bud.
Louis/ Those buttons should be coming and I will make sure they
are. I just want to give June Braverman a lot of credit.
This was her baby. The First National Bank is underwriting
it. The Military Affairs Committee and the Reserve Officers
are doing some of the leg work and then we have the
cooperation of all the American Legion Clubs of Disabled
American Veterans and Veterans of Foreign Wars. And they will
all be represented through Thursday night with their flags.
Again, I certainly want to thank you for this.
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Horow/ I will be there Thursday. Thank you very much for coming.
Louis/ Thank you.
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Agenda
Iowa City City Council
Regular Council Meeting
August 30, 1994
Page 2
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(111 Human Rights Commission meeting of July 25, 1994.
(12) Mayor's Youth Employment Board meeting of May 24, 1994.
(13) Planning and Zoning Commission meeting of August 4, 1994.
c. Permit Motions and Resolutions as Recommended by the City Clerk.
(11 Consider a motion approving a Class "C" Beer Permit for R.S.N.V.
Inc., dba Russ' Amoco Service, 305 N. Gilbert. (Renewal)
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(21 Consider a motion approving a Class "C" Beer Permit for Doc's
Standard, Inc., dba Doc's -Standard, Inc., 801 S. Riverside Dr.
(Renewal)
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(3) Consider a motion' approving a Class "E" Beer Permit for New
Pioneer Cooperative Society dba New Pioneer Cooperative Society,
22 S. Van Buren. (Renewal)
(41 Consider a motion approving a Class "C" Liquor License for
Cardan, Inc., dba Joe's Place, 115 Iowa Ave. (Renewal)
(51 Consider a motion approving a Class "C" Liquor License for Plamor
Lanes, Inc., dba Plamor Lanes, 1555 First Ave. (Renewal)
(61 Consider a motion approving a Class "C" Liquor License for
Micky's of Iowa City, Inc., dba Micky's, 11 S. Dubuque St.
(Renewal)
(71 Consider a motion approving a Class "C" Liquor License for
George's Buffet, Inc., dba George's, 312 E. Market St. (Renewal)
"
(8) Consider a motion approving a Class "B" Liquor License for
Highlander, Inc., dba Highlander Inn Restaurant, 2525 N. Dodge
St. (Renewal)
(91 Consider a motion approving a Special Class "C" Liquor License for
Masala, Inc., dba Masala, 9 S. Dubuque St. (Renewal)
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(10) Consider a motion approving a Class "C" Liquor License for
I.C.B.B., Ltd., dba Brown Bottle Restaurant, 115 E. Washington
St. (Renewal)
(111 Consider a motion approving a Class "C" Liquor License for
Diamond Dave's Taco Company, Inc., dba Diamond Dave's Taco
Company, 201 S. Clinton St. (Renewal)
(12) Consider a motion approving a Class "C" Beer Permit for FAP
Enterprises dba Gasby's, 1310 S. Gilbert St. (Renewal)
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Agenda
Iowa City City Council
Regular Council Meeting
August 30, 1994
Page 3
(131 Consider a motion approving an Outdoor Service Area for High
Energy Food Concepts, Inc., dba Bushnell's Turtle, 127 E. College
St. (Newl
(14) Consider a resolution issuing Dancing Permit to Highlander, 2525
N. Dodge St.
d. Setting Public Hearings.
(1) CONSIDER RESOLUTION SETTING PUBLIC HEARING FOR
SEPTEMBER 13, 1994, ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT AND ESTIMATE OF COST FOR CONSTRUCTION OF
THE IOWA CITY LANDFILL FY95 CELL CONSTRUCTION PRO-
JECT.
Comment: This project will provide an additional cell at the landfill.
This cell is designed to meet all state and federal regulations by
incorporating liner and leachate collection system. This will be the
first cell on the west side of the landfill. The Engineer's construc.
tion cost estimate is $1,590,000. Funding for this project will be
provided by landfill revenues.
(2) CONSIDER A MOTION SETTING A PUBLIC HEARING ON SEPTEM.
BER 13, 1994, TO CONSIDER ADOPTION OF A NEW ORDINANCE
ENTITLED IOWA CITY HUMAN RIGHTS ORDINANCE.
Comment: Council's agenda packet includes a memorandum and
explanation of the proposed new ordinance, including major
differences between the new and the old ordinance which is to be
repealed. This motion may be amended on the floor if Council
wishes to hold the public hearing on a date other than September
13. '
(31 CONSIDER A RESOLUTION SETTING A PUBLIC HEARING ON
SEPTEMBER 13, 1994, ON AN ORDINANCE AMENDING THE
IOWA CITY/JOHNSON COUNTY AIRPORT ZONING ORDINANCE.
Comment: At the August 2, 1994, Airport Zoning Commission
meeting, the Commission voted to recommend amending the Iowa
City/Johnson County Airport Zoning Ordinance. The ordinance
would revise the Runway Protection Zone to change the approach
slope on Runway 06 from a 34: 1 approach slope to a 20: 1
approach slope. No one commented on the proposed changes at
a public hearing held by the Airport Zoning Commission.
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Agenda
Iowa City City Council
Regular Council Meeting
August 30, 1994
Page 4
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e. Motions.
(1) CONSIDER A MOTION TO APPROVE DISBURSEMENTS IN THE
AMOUNT OF $8,919,846.40 FOR THE PERIOD OF JULY 1
THROUGH JULY 31 , 1994, AS RECOMMENDED BY THE FINANCE
DIRECTOR SUBJECT TO AUDIT.
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Agenda
Iowa City City Council
Regular Council Meeting
August 30, 1994
Page 5
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(3) Letter from Tom Cilek regarding enforcement of parking meters
beginning at 8:00 a.m.
(4) Letter from Bob Luebke regarding extension of Camp Cardinal
Road to Melrose Avenue.
(5) Letter from Richard A. Jones regarding CRANDIC railroad crossing t',
at Highway 6 Bypass. A copy of the City Manager's reply to this
~'. ( letter is attached.
(6) Letters regarding traffic on Teg Drive from:
a. Sally Crowe and Lelia Helms of the Penny Bryn Neighbor-
hood Association.
b. Sally Crowe and Lucy Choisser of the Penny Bryn Neigh-
borhood Association.
c. Natasha Ghoneim.
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(7) Letter from Kirby E. T enhulzen regarding excavation for an
embankment adjacent to his property at 621 Diana Court.
(8) Memorandum from the Traffic Engineer regarding weight and
speed limits for trucks and buses on Woolf Avenue Bridge.
h. ~ati~~aza Use Permits.
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/"" (1) Application from Jacquelin .Gharib for permission to set up a table '
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[1 from which to distribute information and offer crafts for donations
\ on August 4-6 and August 8, 10, 12, and 13, 1994. (approvedl
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(2) Application from Shimek School for permission .to set up two
~ tables during the period of August 18-20, 1994, for the purpose
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, , of selling raffle tickets to benefit Shimek School. (approved.!
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~, ! (3) Application from Grace Trifaro for permission to set up a table on
August 20, 1994, for the purpose of distributing information
i regarding homeless animals and also to have a vigil for homeless
II ' animals. (approved)
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, I (4) Application from ICARE for permission to set up a table on ' '~
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lb. September 6 and October 18, 1994, for the purpose of soliciting
pledges for the Hospice Road Race and to distribute literature.
I i (approved I
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{iii (5) Application from Billy Howell-Sinnard for permission to set up a
" table on August 18, 1994, for the purpose of distributing informa-
tion regarding Bah'i Faith. (approve'dl i:"
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City of Iowa City
MEMORANDUM
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To:
Mayor, City Council and General Public
From: City Clerk
Date: August 29, 1994
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Re:
Additions to the Consent Calendar.
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Item #4g(9) Letter from William Meardon regarding a tract of land known as Butler
Farm near the proposed Water Plant.
Item #4g(10)Letter from residents of Galway Hills and Walnut Ridge Subdivisions
. regarding pedestrian access to sidewalk in front of West High School.
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#4
Consent Calendar
page 1
Horow/ (#4-Consent Calendar)
Discussion.
Moved by Nov, seconded by Throg.
Nov/ I think it is significant. We have actually accepted all of
the Kirkwood Avenue improvements that have been done under
Susan Horow. supervision.
, '
Horow/ Yes, I am happy that this is finally happening.
We did set a motion to set p.h. on September 13 to consider
adoption of a new ordinance entitled Iowa city Human Rights
Ordinance. I would like to make people aware of that. Any
other discussion.
Roll call- (Yes) Thank you, Naomi. It has been a long time
coming.
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Agenda
Iowa City City Council
Regular Council Meeting
August 30, 1994
Page 6
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~ F MfOA~~ oJ 11.6'w-
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i. Applications for Use of Streets and Public Grounds.
(11 Application from American Heart Association to have the Two-Mile
Walk on August 28, 1994. (approved)
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(21' Application from Claire Noble for permission to close Glenn Drive
on August 27, 1994, for a block party. (approvedl
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(31 Application from the Senior Center to close a portion of Linn Street
between the hours of 5:00 and 8:00 p.m. for the events being
held in connection with the Commemoration of World War II. lap- '
provedl
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END OF CONSENT CALENDAR
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ITEM NO. 5 - PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA).
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ITEM NO.6 - PLANNING AND ZONING MATTERS.
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a. Consider setting a public hearing for September 13, 1994, on a
resolution to annex the City's south wastewater treatment plant site.
(ANN94.0003l '
Comment: At its August 4, 1994, meeting, the Planning and Zoning
Commission, by a vote of 6.0, recommended approval of a City-initiated
request to annex the City's south wastewater treatment plant site into
Iowa City. The Commission's recommendation is consistent with the
staff recommendation.
Action:
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#5 page 1
Horow/ (#5) Public Discussion.
John Lohman/ I am the student body president of the University of
Iowa. My address is 9 1/2 South Dubuque Street. And on behalf
of the Student Senate I would like to publicly invite the city
council to a joint city council/student government
meeting/discussion on October 11. That is a Tuesday, from
, 5:45 we will have a coffee and get to know each other session
and then from 6: 00 until 7: 00 we will have an agenda. I think
the mayor and I are going to walk around like Phil Donohue and
answer questions. Throw the questions around. I would-it is
at the public library, Room A & B. I would also like to thank
Larry Baker for his initiative on this in the spring and
Marian Karr and the Mayor for all of their help. We will be
ratifying the agenda in the next few weeks. So we will be
getting that to you. And one other note besides that. Is
there any questions about that at all.
Horow/ We discussed this last night.
Lohman/ I just wanted to bring to the council's attention something
I was a part of this last weekend. It was called a In To The
Streets Volunteer Program where 160 freshman, their first
weekend in Iowa city and some of them probably haven I t
unpacked yet. It was a beautiful day. They donated 4-5 hours
out of their day to assist people around the Iowa city
community. They were at the Iowa City Care center, Oaknoll
Retirement Residence, Free Lunch at Wesley, the three
university Childcare centers, Chatem Oaks, coralville/Iowa
city Animal Shelter and the Unified sports Program and in
addition the students cleaned up the University of Iowa Campus
and helped several individuals with flood clean up. So I just
wanted to let everybody know about that. And that is all.
Horow/ Thank you. I will see you on the 11th. Is there anyone else
who would care to address council. This is public discussion
time.
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Nancy Perkins/ I am a resident of Galway Hills Walnut Ridge
Subdivision. I am the contact person in the letter that was
addresses to each of you regarding a walkway through Galway
Hills to West High School. A plan for a temporary walkway had
been drawn out. The area had been graded and bids had been
secured. We also had the support of our developer Scahill and
Braverman. There is a bid of $11,600 for an asphalt surface.
There is an even lower bid for a narrower walkway for around
$6500. Split three ways between the developers and the city
it does not seem like a lot of money for safety in that area.
Last night I came to listen to the concept plan about the
widening of Melrose near our subdivision. It looks like it
will solve problems that we experience daily with traffic out
there and it will also give us a safe pedestrian route. I
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#5 page 2
really don't know all the steps it takes for that project to
be finished. But I think the concept plan is really only the
start of this complex process. In the mean time we view this
temporary walkway as more than just a safe route for our
children to go to school. It is a safe pedestrian access now
to employment that we need really right now for employment,
bus routes, other neighborhoods as well as events in the
recreational facilities at West High School. We thought our
walkway, even though it may be temporary was to be done one
year ago. What is the response to our questions which I
addressed in the letter and that is when can we expect a safe
walkway to be completed.
Horow/ We discussed this last night with the staff to find out
exactly on the plat what had been promised, what was supposed
to go forward. We just asked the staff to look into that last
night. We are not discussing that this evening but it is my
intention to have that taken up within the next couple of
weeks. Steve-
Atkins/ I think we can probably take care of that a lot sooner than
that. Chuck brought it to my attention and we were talking
about it this afternoon. And given the circumstances and the
commitment on the part of the developers I think we can
participate. Give us a day or two, Nancy, and we can call you
and let you know.
Perkins/ Okay. Would you need this plan from MMS.
Atkins/ We have one.
Kubby/ Would that be with the originally conceived width of the
more narrow width. It seems if the narrow width would suffice
for a secondary access it would take up less ground for
impervious surface but would still allow use of it until we
get the road with the sidewalks.
Atkins/ It was intended just generally for safe movement and Chuck
felt that if the narrow one would work and he did not give me
an opinion this afternoon. I don't see why-can always go with
the small one and if it doesn't work out-
Perkins/ I have talked to people in the area and they said anything
would be fine for us. As long as there is some kind of hard
surface that they can walk on because even this morning the
children could have walked to school because it wasn't raining
at the time but they couldn't walk on it because it was just
a mud hole.
Kubby / The only reason maybe to have the wider one is so that
younger kids on bikes could use the facilities at West High
versus being close to a very busy street even on a sideway
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#5 page 3
with r.o.w. between the sidewalk and the-
Horow/ Do you have a group of association there that would be able
to work with the developer.
Perkins/ We have almost everybody in our whole neighborhood
interested in this project.
Horow/ We urge you people to figure out which size you want.
Atkins/ Give us a couple of days, Nancy.
Perkins/ Thank you very much.
Horow/ Anybody else care to address council.
Kathy Bachmeier/ I am here on behalf of the Neighborhood Center of
Johnson County. I am president of the board and I am also a
business owner in this area. And I would like to speak on
behalf of the foot patrol that we received this summer by
funding through a HUD grant and I want to let you know that
this has been extremely positive. It was very successful for
the tenants in this area as well as the Neighborhood Center
itself. And the business people around this area-I can speak
from owning a business in the Pepperwood Mall area last year
that when they first-well, actually before they first started
the foot patrol a year ago we were having a lot of problems
with large gatherings of youths in that parking lot area. We
also had a lot of problems with graffiti. This year we have
not had any of these problems. We started to have a little
bit in the spring before the foot patrol started. As soon as
the police presence was there it totally stopped and we are
very pleased with the support that we received from the Police
Department and the cooperation of them providing two hours a
day at different intervals of time. It was very good for the
tenants, their children. It was nice that they were able to
get to know-the children were to get to lmow the police in a
whole different light. A very positive light. It did a lot
as far as the gang problems. That from last year as far as
police calls that police received. I have a memo saying that
the police calls decreased over 5% this last summer while this
has been into effect. And other reports of incidents where
they were receiving phone calls decreased about 13%. So I
think this goes to show that this is a very positive situation
that we would very much like to continue next summer and I
would like to have Liz Hudson speak to you who is a parent in
one of the housing units by us. Thank you very much.
Liz Hudson/ I am a resident in Public Housing on Broadway street
and many accomplishments have occurred since the last time I
spoke here and I had attended a community policing meeting and
found out over 11 officers had signed up and were interested
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#5 page 4
in doing foot patrol. I also had suggested at the meeting
that the neighborhood needed a pay phone in case of
emergencies. A lot of folks in the neighborhood don't have
phones and the phone was installed. Before the foot patrol I
didn't know if I was able to survive this summer. In the
spring there were loud parties all night, drug runs, large
groups of men drinking 40's of beer on the sidewalks where our
kids walk us the bus from the school and many cases of
domestic violence due to alcohol and drug use. This is just
a few of the instances that were occurring in the spring. At
this time I was willing to go homeless to move out. Then the
foot patrol started. reaction from the neighborhood were
surprise, wonder, anger, , suspicion, guiltiness and invasion.
The loud parties late at night almost ceased. Most of the
public drinking came to a halt and drug runs became scarce.
The reactions became at this time interested, wonder, anxious,
thankful and pleased. I won't go into all of the activities
that police officers were involved in that kept the kids
interested, excited and happy. I also won't tell you that we
survived the summer. Survival wasn't an issue anymore. It
was a summer we felt safe and enjoyed. I will leave you with
this comment: To fight the issue we must look, discuss, and
plan and to take a stand. I feel that foot patrol was a big
foot to take in a stand. We also have some letters of support
from some of the folks in the neighborhood. We like to know
if you would like copies.
Horow/ Sure we can accept them into the-Thanks.
Kubby/ You were saying the foot patrol was out for two hours a day.
Is that correct. That seems like lots of changes for two
hours a day. It seems like a small investment. Are there
other things that are going on in the neighborhood, too, like
at the center. Where were kids congregating. Did people stop
drinking or where did they go to drink. Do we know any of
that kind of information.
Joan Vanden Berg/ I think all of the above. I think it is
important that we have a partnership with the Police
Department. That they were offering alternatives for people
as well. I think probably the greatest influence was people
had a different attitude about their neighborhood and the
atmosphere changed. I think that has a great ripple affect.
I think some of the people in the neighborhood that we weren't
so thrilled about living there moved and other people stayed
that would have moved last year because they didn't like
living there. You know, it is not perfect but I think this
kind of thing can have a tremendous affect.
Kubby/ Seems like more of the programs you had at the Neighborhood
Center was providing some recreational opportunities for kids,
providing transportation to the Rec Center or whatever. when
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#5 page 5
you say no you can't hang out in the parking lots. It is like
well, what am I going to do with this energy. So there is
some alternative that is positive. That stuff in combination
is really important.
Baker/ Sue, I move that we accept the correspondence.
Horow/ Moved by Baker, seconded by Kubby. Any discussion. All
those in favor signify by saying aye (ayes). Is there anyone
else who wishes to address council-
John Rummelhart/ Good evening. I don't know if this is the
appropriate time. Somebody can tell me if it is or isn't. My
correspondence I know which is coming up later in the agenda.
I don't think at that time I don't think I get any time to get
up or not.
Horow/ This is okay, John. Go ahead. You have got five minutes.
Rummelhart/ Won I t take me that long. We are kind of under-my
concern is becoming the same or closely related with Jim
Glasgow's concern on the water plant situation. I haven't
been following it all that closely. All I know is what little
I do read in the paper. I am concerned as a tax payer. What
in the world where we are going with this thing. When I see-
Horow/ John, excuse me before you go any farther but have you
called staff and asked to talk about the actual facts of this
whole project.
Rummelhart/ I have got-I guess I just wanted to raise some concerns
as far as what direction it is taking and maybe I can get back
to staff. But I feel-what I would like to do in the public
spectrum is voice my concern. My concern over us, you folks,
talking about a needed water plant facility which I can see
but when we start jumping-I don't know the answers. I think
they is enough doubt in my mind as far as the number of acres
that we are talking about having to take. I also want to be
up front and let you know I am a somewhat interested party in
the piece of ground we are talking about, the 240 acres, in
reference to our family and my dad being part owner in that
piece of ground. But I want that to be known also.
Regardless of this I have deep reservations as far as the bare
bones minimum requirement we need with the water plant. If we
need the 240 acres. We have gone from water plant, it seems
to me, to expanding this to a park scenario and that is a
concern of mine. If we need the 240 acres so be it. But I
need to be more convinced than I am at this date from what I
have seen and the other engineers that Jim Glasgow happens to
be talking to as far as the amount of ground necessary for
this water plant. Again, I don't know the answer but I have
got deep reservations. This is-I am coming from a tax paying
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citizen and-I mean, we have got buildings getting jacked up
right and left at 15% a year a crack in taxes. We have got a
Maiden Lane assessment project down there costing us 25% of
the whole project and in two years the cost has doubled on me
and now we are running out here looking at a water plant
facility. I am hard pressed to believe that we need that kind
of acreage for a water plant. I just hope that some other
individuals on their own will get up here and say the same
thing to you folks because we are sure running with the wheel
here and getting into parks and I am assuming the dream-the
article in the paper on all the different possibilities for
this thing. I, again as a tax payer, how are we paying for
this stuff. Who is paying for it. And is the plant a
disguise for not only water facility but for a park facility
too. On top of the situation taking prime development ground
that Bruce Glasgow has worked on for 20 plus years. Tying
that all together. None of you people could give a damn and
hardly anybody else can. Nobody realizes what it takes to end
up with one parcel of ground where that thing is located. And
that has been over 20 years getting put together and now it is
just going to be taken like that. The whole thing. I don't
honestly believe the whole thing needs to be had. If it is
taken, what about the lost revenue from a private developer
wanting to try to develop that piece of ground. Where in the
hell is that income gone.
Horow/ Okay John, your out of time right now. Mr. Atkins, would
you like to address this now or later.
Gentry/ I have a suggestion.
Horow/ We have a number of issues here. Ms. Gentry.
Gentry / John I the attorney for Wc:shington Park has requested
information from me which I am sending to him tomorrow. The
engineer for both Jim Glasgow and Washington Park have asked
for information which I am sending tomorrow. And it is public
record and I will be happy to give you a copy.
Rummelhart/ That is great. Well, I am sure that I will be able to
get it from them.
Gentry/ You can get it in my office.
Rummelhart/ Okay. I might be down tomorrow to do that. There are
a lot of issues involved with this specific issue and I hope
that there is further discussion and I hope other private
citizens start coming out of the woodwork and seeing what is
really going on and that is fine. If we need the whole thing
you got it.
Horow/ As long as they ask the questions and get some information.
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Rummelhart/ Thank you very much.
Horow/ Thanks, John.
Kubby/ I think it is important if we could spend a few minutes
going over what was gone over at the press conference because
what happens is statements are made, the city doesn't respond,
so people take the statements that were made to be fact and we
need to be able-
Horow/ It is difficult to collapse in a two hour period of time
into a statement right now but I agree with you Karen. I do
think that the questions that John has just asked and people
are waiting for the answers. It will be difficult to review
that. But Mr. Atkins I would ask you to make as many answers
to the questions that he has come up with.
Atkins/ I can certainly listen to the tape or John can make a list
of questions. Be happy to prepare a written response if you
would like.
Horow/ That is not what we were talking about. wait a minute.
Gentry/ Would it be better to-I take it the press conference was
not televised by cable.
Atkins/ No, but it was covered by all of the news media.
Gentry/ Maybe we should redo it for cable television and cablecast
it.
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Kubby/ For me I get frustrated we have not immediately made our own
case to the public. When things are said I would like us to
respond with factual rationale as to where we at, our process
we went through.
Atkins/ Mike just whispered to Dale that we videotaped it today.
I didn't know that.
Kubby/ It would be really great if after or before this council
meeting that that tape was played so that people would hear
the city's rationale and placement of wells and that it is not
just for treatment but it is also our water source that the
land is being used for. That kind of good information.
Helling/ Just checking with Mike. They did tape it but not in a
way that the council meetings are taped so the quality in
terms of cablecasting might not be up to the quality that we
normally do.
Horow/ I don't think that is a problem. I think the pUblic would
like-
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Atkins/ We can prepare another presentation.
Horm., / I don I t think we can have that on tonight after this
program. That has to be edited. I understand your-
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Horow/ Okay, that would be good. Okay, Thanks John. Anybody else
wish to address council.
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NoV/ Excuse me, I want to say one more thing here. When you are
preparing this document and it is a public document would you
send a copy to the library and ask them to keep it at the
information desk. '
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Gentry/ Yes, any place else.
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Nov/ That is the only place that comes to the top of my head. It
ought to be available to the public and in your office it is
available only during office hours. The library they can go
over on the weekend and read it.
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Gentry/ I will be more than happy to do that.
Jim Glasgow/ And I do disagree with the fact that you need 230
acres to do this water plant. What I would ask the council to
do is accept an alternate site plan from my engineers showing
the plant on 60-80 acres. So, if you would be willing to look
at that.
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Glasgow/ That we should have next week. Also it would save that one
forest of trees that is in the middle of your current sludge
lagoons. So if you are willing to look at that I will be glad
to turn that in and give you that information.
Horow/ Sure. Thank you. Anybody else wish to address council.
Okay.
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Agenda
Iowa City City Council
Regular Council Meeting
August 30, 1994
Page 7
b.
Consider setting a public hearing for September 13, 1994, on an
ordinance amending the Zoning Ordinance to rezone the City's south
wastewater treatment plant site to P, Public. (REZ94-00051
Comment: At its August 4, 1994, meeting, the Planning and Zoning
Commission, by a vote of 6-0, recommended approval of rezoning the
south wastewater plant treatment site to P, Public, subject to approval
by the City Development Board of annexation of the property to the City
of Iowa City, Iowa.
Action: ~.Jv/!1ftI
c.
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Consider setting a public hearing for September 13, 19 4, on an
ordinance amending the Zoning Ordinance to change the use regulations
of a 5.08 acre property located west of Wellington Drive from RS-5 to
OPDH-5. (REZ94-0010)
Comment: At its August 4, 1994, meeting, the Planning and Zoning
Commission, by a vote of 6-0, recommended approval of REZ94-0010
to rezone a 5.08 acre tract of land, known as Village Green Part XIII,'
from RS-5 to OPDH.5, subject to 1) an agreement providing for
adequate sanitary sewer capacity for the development, 21 the legal
papers for the final plat addressing drainage for dwellings with base-
ments and the removal of snow from the sidewalks on Somerset Lane,
and 31 a reduction of the street width from 28 feet to 25 feet for
Somerset Place and Somerset Lane, and 41 a waiver of sidewalks on
Somerset Place.
Action:
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d.
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Public hearing on an amendment to the Comprehensive Plan to change
the land use map designation of property located east of Harlocke Street
from 16-24 dwelling units per acre to 2-8 dwelling units per acre.
,~
Comment: At its May 5, 1994, meeting, the Planning and Zoning
Commission, by a vote of 5-0-1, with Dierks abstaining, recommended
approval of the amendment of the Comprehensive Plan land use map
designation of the subject property from 16-24 dwelling units per acre
to 2-8 dwelling units per acre. The Commission's recommendation is
consistent with the staff recommendation contained in the staff
memorandum dated September 16, 1993. Comments were received at
the July 5, 1994, and the July 19, 1994, public hearings on this item.
Jim Houghton, attorney for Mr. Ruppert, has requested deferral of items
d. through m. to the Council's September 13, 1994, meeting.
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Horow/ (#6d-Gm)
Kubby/ I move that we take items d, f, h, j, and I which are all
p.h.s and join them.
Nov/ I thought we were going to defer all of them.
Kubby/ We have a p.h. on here that we need to open.
Horow / The one that we didn I t decide last night was the Jensen
Tract. You are talking all about the-everything else except
the Jensen Tract.
Kubby/ I am talking about everything and whether -
Horow/ You are doing the p.h.s first.
KUbby/ The p.h. or to defer them. I still want to deal with them
and discuss them all at once.
Karr/ Your motion is to defer?
Kubby/ My motion is just to talk about them all at once.
Karr/ To join them. Combine the p.h.s so they can be opened.
Horow/ Okay. It has been moved by Kubby, seconded by pigott. All
those in favor signify by saying aye-This is just to combine
them.
Throg/ So I take it that we don't really expect that there will be
any public statements tonight by members of the public because
they may have expected that we were going to defer all these
items. So we are going to continue the p.h.
Horow/ Any other discussion. All those in favor signify by saying
aye (ayes).
Kubby/ The p.h.-
Gentry/ We have ever opened it, have we?
Karr/ They are combining them to open right now and accept
correspondence.
Kubby/ We should open the p.h.s and then continue.
Horow/ Open the p.h.s of d, f, h, j, and I in order to continue
them. Is there any material to accept for the pUblic-
Karr/ There was a letter in your packet.
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by Lehman (to accept
All those in favor signify
Horow / Moved by KUbby, seconded
correspondence). Any discussion.
by saying aye (ayes).
Moved by Kubby, seconded by Pigott (continue p.h.s to
September 13). Any discussion. All those in favor signify by
saying aye (ayes).
Moved by Kubby, seconded by Lehman to defer items e, g, i, k,
and m.
Kubby/ Before we vote I want Marian to double check that I wrote
the letters correctly in my scribbled writing and in the
meantime I did want to have some discussion. And that is from
our discussion last night just because of some assumptions I
made I thought that parties from the Jensen tract and the
Ruppert tract and the neighborhood were having either three
way discussions or a bunch of two way discussions and I guess
that that is not really the case. That the neighborhood has
not talked with parties from the Jensen tract and I had made
a suggestion last night that there be a mediator. Some third
party who has no vested interest in the plan or doesn't live
in the neighborhood to help the discussion go forward between
the three parties. And if that can't happen at least that all
three parties sit down together to talk because when one party
is left out something may be disagreeable to that party that
they won't accept therefore party #2 can't accept it and it
just gets very confused as my statement is right now for who
is listening. It makes it clearer if all three parties
involved sit down and talk. I am not quite sure why that
hasn't happened. Did other people- I want to make that clear
that one party wasn't involved.
Throg/ I certainly would like to encourage the one party who
apparently has not been involved in those conversations to
either initiate conversations or to work with the neighborhood
to converse somehow because otherwise there might be a
mistake.
Kubby/ The interesting thing is that from looking at some of the
suggestions from the neighborhood group it is that all parties
interests can be accommodated. I am hoping that that is true
but you can't confirm that unless everyone is talking.
Horow/ Okay. Any other discussion.
Kubby/ I guess I am not really finished. I guess I want to know
how the city can help facilitate that three way discussion.
Horow/ We would have to pay for a mediator and we have not done
that up to this point.
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Kubbyl I don't know that that is the only choice.
Horowl Do we have facilitators from the staff.
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Kubbyl That maybe we could suggest someone. That we contact all
three parties and suggest that the council feels like this
would be a positive thing and to encourage them to do it. At
a minimum we could just write all the parties a letter saying
we hope that you will do this, we have deferred these, here is
the status until september 13, we would like to see some
positive movement from your discussions at that time.
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Novl I think we ought to suggest they all talk together. I don't
know that we ought to suggest the mediator unless they say we
are sure that we cannot get together. They may be able to
talk. We all assumed that they had.
Throgl We are really talking about one person here I think. Mr.
Ruppert is in the audience. He hears us. he has been having
conversations.
Kubbyl Right, he has been involved.
, ,
Throgl Mr. Knabe is here from the Weeber/Harlocke Association. So
they are hearing us or had been trying to have conversation.
So it really suggests the we need to send a signal to Mr.
Jensen, the other person involved.
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those in favor of the motion to move this to September 13
signify by saying aye (ayes). Okay.
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Agenda
Iowa City City Council
Regular Council Meeting
August 3D, 1994
Page 8
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Comment: At its May 19, 1994, meeting, the Planning and Zoning
Commission, by a vote of 6-0-1, with Dierks abstaining, recommended
approval of the amendment of the Comprehensive Plan land use map
designation of the subject property from 8-16 dwelling units per acre to
2-8 dwelling units per acre. The Commission's recommendation is
consistent with the staff recommendation contained in the staff
memorandum dated May 5, 1994. Comments were received at the July
5, 1994, and the July 19, 1994, public hearings on this item.
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e. Consider a resolution amending the Comprehensive Plan to change the
land use map designation of property located east of Harlocke Street
from 16-24 dwelling units per acre to 2-8 dwelling units per acre.
f.
Comment: See item d. above.
Action: ~~I iJmJAtr1.. ~ -I;; 9~3
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Public hearing on an amendment to the Comprehensive Plan to ch ge
the land use map designation of property located on the north side of
Highway 1 West from 8 - 16 dwelling units per acre to 2-8 dwelling
units per acre.
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Consider a resolution amending the Comprehensive Plan to change the
land use map designation of property located on the north side of
Highway 1 from 8-16 dwelling units per acre to 2-8 dwelling units per
acre.
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Agenda
Iowa City City Council
Regular Council Meeting
August 30, 1994
Page 9
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Consider an ordinance amending the Zoning Ordinance by changing the
use regulations of approximately four acres of land, known as the
Jensen tract, located east of Harlocke Street from RM-44, High Density
Multi-Family Residential, to RS-5, Low Density Single-Family Residential.
(REZ93-0007) (First consideration)
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h. Public hearing on an ordinance amending the Zoning Ordinance by
changing the use regulations of approximately four acres of land, known
as the Jensen Tract, located east of Harlocke Street from RM-44, High
Density Multi-Family Residential, to RS-5, Low Density Single-Family
Residential. (REZ93-0007)
'~~!
Comment: At its May 21,1994, meeting, the Planning and Zoning
, Commission, by a vote of 4-2-1, with Scott and Jakobsen voting no and
Dierks abstaining, recommended approval of rezoning four acres of land
located east of Harlocke Street from RM-44 to RS-5. The Commission's
recommendation is consistent with the staff recommendation contained
in the staff memorandum dated May 5, 1994. Comments were received
at the July 5, 1994, and the July 19, 1994, public hearings on this item.
A protest petition has been submitted and thus a three-fourths majority
(6 of 7 members) vote of the Council is required to pass this ordinance.
Staff has also prepared an ordinance rezoning this property to RS-8.
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Action:
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Iowa City City Council
Regular Council Meeting
August 30, 1994
Page 1 0
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j. Public hearing on an ordinance amending the Zoning Ordinance by
changing the use regulations of an approximate 11.5 acre tract of land,
known as the Ruppert tract, located generally north of Highway 1 West
from RM-44, High Density Multi-Family Residential, to RS-S, Medium
Density Single-family Residential. (REZ93-00071
Comment: At its May 19, 1994, meeting, the Planning and Zoning
Commission, by a vote of 6-0-1, with Dierks abstaining, recommended
approval of a City-initiated application to rezone an approximate 11.5
acre tract of land located generally north of Highway 1 West from RM-
44 to RS-B. The Commission's recommendation is generally consistent
with the staff recommendation contained in the staff memorandum
dated May 5, 1994. Comments were received at the July 5, 1994, and
the July 19, 1994, public hearings on this item. A protest petition has
been submitted and thus a three-fourths majority vote of the Council is
required to pass this ordinance. Staff has also prepared an ordinance
rezoning this property to RS-5.
Action: .~ I cP II
k.
Consider an ordinance amending the Zoning Ordinance by changing the
use regulations of an approximate 11.5 acre tract of land, known as the
Ruppert tract, located generally north of Highway, 1 West from RM-44,
High Density Multi-Family Residential, to RS-B, Medium Density Single-
Family Residential. (REZ93-0007) (First consideration)
Comment: See item j. above.
Action: J~.P'
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Public hearing on an ordinance amending the Zoning Ordinance by
changing the use regulations of an approximate two acre tract of land
located generally on the west side of Harlocke Street from RM-44, High
Density Multi-Family Residential, to RS-5, Low Density Single-Family
Residential. (REZ93-Q007)
Comment: At its May 19, 1994, meeting, the Planning and Zoning
Commission, by a vote of 6-0-1, with Dierks abstaining, recommended
approval of the rezoning of an approximate two acre tract of land
located generally on the west side of Harlocke Street from RM-44 to RS-
5. The Commission's recommendation is consistent with the staff
recommendation contained in the staff memorandum dated May 5,
1994. Comments were received at the July 5, 1994, and the July 19,
1994, public hearings on this item. Staff has also prepared an ordinance
rezoning this property to' RS-8.
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Agenda
Iowa City City Council
Regular Council Meeting
August 3D, 1994
Page 11
m. Consider an ordinance amending the Zoning Ordinance by changing the
use regulations of an approximate two acre tract of land located
generally on the west side of Harlocke Street from RM-44, High Density
Multi-Family Residential, to RS-5, Low Density Single-Family Residential.
(REZ93-0007) (First consideration)
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Comment: See item I. above.
Action:
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n. Public hearing on an ordinance amending the Zoning Ordinance to
reclassify hotel/motel uses as commercial uses.
Comment: At its meeting on July 21, 1994, the Planning and Zoning
Commission by a vote of 6-0, recommended approval of amendments
to the definition of hotel {Section 36-4(h)(4I, the definition of motel
(Section 36-4(mH5), and the off-street parking requirements for hotels
and motels {Section 36-58} to reclassify hotel and motel uses from
residential to commercial. The Commission's recommendation is
consistent with the staff recommendation contained in the memorandum
dated July 21, 1994.
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Action:
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o. Public hearing on an ordinance amending the Zoning Ordinance to require
that commercial uses be provided on the second level of buildings in the
CB-5 zone.
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Comment: At its July 21, 1994, meeting, the Planning and Zoning
Commission, by a vote of 6-0, recommended denial of a proposed
amendment to the CB-5 zone regulations to require that commercial uses
be provided on both the first and second levels. In a memorandum
dated July 21, 1994, staff recommended amendments to the ordinance,
if the City desires to regulate the amount of residential uses allowed in
the CB-5 zone.
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Action:
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#60 page 1
Horow/ (#60) Declare the p.h. opened.
Gene Kroeger/ I wrote a letter to the council here recently, I
think you have that, regarding this area and I just want to
reconfirm what the letter said. There are only a couple of
CHANGE TAPE TO REEL 94-102 SIDE 2
that probably are developable to any great degree because of
their limited size. I don't believe from my experiences as a
realtor and having an office in here for eighteen years that
you can grant a large amount of commercial space south of
Burlington. It's just very difficult. Burlington's just a big
alley, a big barrier, to getting people there for commercial
purposes probably other than offices. There's some space down
there available that has been available so I feel that
residential uses above the first floor are appropriate. It
will help the area develop. I have no problem with requiring
commercial on the first floor. I think that's appropriate. I
think you should not restrict residential that's above first
floor or you just won't see development take place in that
area. Thank you.
Throg/ Gene can I ask you a question.
Kroeger/ Sure.
Throg/ I understand that the CB-5 zone and the Near, what's the,
Karin what's the name of our plan.
Franklin/ The Near Souths ide Plan.
Throg/ The Near Souths ide Plan that currently exists both are
intended to encourage commercial and retail office development
in that CB-5 zone, that block wide stretch of land from
Gilbert to Clinton. That's the intention. So if we don't make
this amendment, then we might end up producing more basically
apartment buildings with one floor like the Bell and Breese
Building, one floor of commercial space at the bottom. So that
would run counter to the intent of the CB-5 zone and to the
intent of the Near Souths ide Plan.
Kroeger/ Well maybe the plan for the zone is wrong. All I can tell
from my experience is there is very little demand from
commercial down there. You can rent office space if you
provide parking, but I don't think you can rent office space
out there without providing parking. And there is very little
demand for commercial space. There's plenty of commercial
space uptown currently available. It's not (can't hear). Most
of the uptown area, the center business district area allows
residential above the third floor. I don't think it should
make this more restrictive or your going to see what you see
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#60 page 2
down there now probably and not get the development you'd like
to see, the way I feel it should be done.
Horow/ Thanks.
Baker/ Can I ask you a question also. I just want to get clear in
my mind a distinction I thought you were making in the
definition of commercial. Under commercial you're equating
office space and retail as the same thing.
Kroeger/ Right. In my mind it's a commercial zone it's required to
go in a commercial zone. Retail itself is not in high demand
south of Burlington.
Baker/ I understand the problem with retail south of Burlington but
future office space d.t. if we don't provide or maintain some
capacity for expanded office space somewhere south of
Burlington and we let apartment development take over that
area, we've ruled out permanently it seems like.
Kroeger/ I guess that my point is still I think it's appropriate to
have it on first floor whether it is retail or office space
but on second floor and above I think you need to allow
residential or you're not going to see development through
there because that's what fuels, that's what pays the bills,
fuels the development down there. That's pretty much
historically proven.
Baker/ You had a problem with that in the big picture as Dr. (can't
hear) would say is that we could use that logic and the market
demand for residential close to d.t. could alter everything
around d.t. as well. We could fill up an eighth of a mile all
around d.t. core with apartments if we wanted to but we're
controlling that somehow.
Kroeger/ And I would like to see a mix of offices on first floor
with residential above. That's my point of view. I think YOU'd
see development quicker if you did not restrict residential.
Horow/ Okay. Thank you.
Kroeger/ Thank you.
Dean Thornberry/ I totally agree with Gene's statement. Until the
apartments that are d.t. now are gone why restrict souths ide
I mean yeah Near Souths ide apartment living on the second or
higher floors. In other words there are retail spaces d.t.
with apartments above. Am I correct. Why make it more
restrictive on the Near Southside than you are in a ,commercial
d.t. area. If someone moves out of an apartment say all right
nobody else can move into that apartment. It I s got to be
office space. You'd have all kinds of problems with property
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#60 page 3
owners there. But you allow apartments above commercial spaces
d.t. now. Even in the correct me if I'm wrong. On Linn street
for example there are retail below apartments above. And
that I s closer to d. t. than the other side of Burlington
street. until those apartments are gone and all that space is
used up for office space or commercial space I don't think the
restrictions should apply that vehemently to the Near
Southside.
Horow/ Okay. Thank you.
Tom Scotti 419 E. Fairchild street representing the Iowa City P/Z
commission. At our July 21, 1994 Commission meeting the staff
recommendation and it reads as such, as a result of the Bell
and Breese council has expressed some concern that there is
only a token amount of commercial on the first floor at the
front of the site, parking behind for the residential uses and
three floors of residential above. The council has asked P/Z
to examine how we might encourage or require more commercial
uses in the area. Staff has proposed that the second floor
also be required to be commercial and above this there can be
residential development. As you will note in the minutes there
was a significant degree of opinions expressed by the members
of the commission. One that may be a prevalent position was
that we have continued to tweak the CB-5 zone south of
Burlington Street without really knowing possibly where we
want to go in so far as the total development is concerned.
But there was an understanding or an acceptance that if in
fact you allow the 80% of the parking to 80% of the first
floor to be dedicated to parking that you will in fact
encourage the residential uses.. I think that the Bell and
Breese project in particular as you all well know that the
residential uses were completely rented prior to the
completion of the building and the commercial that is
presently on the first floor the 20% that is dedicated to
commercial has been vacant and has remained vacant since the
building was opened. with the present permissibility of 80% of
the first floor being dedicated to parking for residential
uses your going to have residential uses controlling the
development as such. The commission felt that instead of
allowing commercial uses or requiring commercial uses on the
second floor that we ought to look at the parking requirements
and where we force that or allow that. As you well know, the
CB-5 zone requires 50% to be purchased off site and 50% to be
located on the site. Dick Gibson said that possibly we may
look at the possibility that we just require that 50% and
allow the developers to put it where ever they choose. Not
being facetious but someone said we could allow them to hang
it from the chandeliers if in fact they wanted to do so. The
allowance of 80% of the first floor to be dedicated to parking
reduces the commercial viability of the first floor and I will
tell you that a number of us on the commission who voted and
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#60 page 4
supported the change in the regulations for the CB-5 zone or
adopted in the CB-5 zone for residential uses would admit
today and I'm one of those would admit today that we made a
mistake in allowing that first floor to be dedicated to
parking as opposed to forcing or requiring that first floor to
be commercial. The other thing that we did is allowed garage
doors to open on the first floor or the lowest portion of the
building site, street level building site which in effect I
think would at least be agreed by a number of us that that
negates the aesthetic value of the development when you have
garage doors of the development and I don't mean to pick on
the Bell and Breese project but in the same sense that's the
one that I s been developed under the current proposals or
current zoning regulations and there are some inherent
problems with that. The commission would in all likelihood
support either doing nothing or if in fact we are going to
view in the CB-5 regulations that we would probably in all
likelihood support the change in those parking as they impact
the first floor. That the parking would be required to be on
site but possibly give the developers that option whether it
would be underground or be provided on the second floor or
whether floor they're capable of doing so. But in fact
dedicating the first floor to commercial development because
the CB-5 attempt is to put at least on the streetscape
commercial development rather than residential development.
Kubby I Tom, if you have underground parking where besides the
street level can you put the entrance and exit to that
parking.
ScottI Some of the properties depending on the site specific of the
properties but some of those can come off of an alley into
sublevel or underground parking.
KubbYI So you're saying the front or the back of the building.
ScottI Yes the back of the building as opposed to the front of the
building. The Bell and Breese project it was interesting to to
note that with some degree of ingenuity they could have come
off off the alley onto the second floor for parking. But
because I think they had the option of providing it on the
first floor it was easier cheaper and probably more available
in the long run. The problem that you run into and I would
support Gene's comment in that regard that the problem you run
into is that whether it be commercial retail or office uses
and I would lump those together as one the utilization of the
space for anyone of those three uses at least at the minimum
people will want to have parking closely available for if not
there customers at least there employees. And I think in the
CB-10 where the city has a responsibility of providing the
parking for those uses what we're asking the CB-5 is
absolutely more restrictive than in the CB-10 for those
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#60 page 5
commercial and office uses. But we've made a distinct
differentiation in the residential uses where we've made it
more permissible for residential in the CB-5 and I don't think
that was the intent of the CB-5 zone.
Kubby/ Well I would be interested in having council discuss do we
do nothing and see if this problem continues. If something
different from the vision of the plan is happening out on the
street. DO we do nothing to see if that continues because it
was just one project. Or do we want to say fiddle with that
percentage and the placement of the parking. Direct P/Z to
revisit this issue but from a different.
Baker/ I don't think we need to wait. I mean you talk about using
just one example to spur a change in the ordinance. We've done
that before. I can point to an apartment building down on
Bowery that prompted a change in our parking requirements very
quickly because we saw the loop hole that existed that could
be used by other people as well. Tom regardless of any other
changes that are contemplated for the CB-5 zone just the ones
you've talked about tonight how soon could P/Z forward us a
recommendation on it for a change.
Scotti Probably at the next meeting.
Kubby/ This discussion has already happened about the
percentage on the parking on the first floor. So you
don't need to go through all that. I mean a refresher
discussion but it's not like research and rethinking.
Throg/ But you would have to hold a public hearing, initiate that
whole process wouldn't you.
Kubby/ It would be a change to ordinance.
Scotti Yeah. Probably. Yeah.
Baker/ What you might want to do is wait on any further changes
that we're talking about on the council level right now that
this is something unless the majority disagrees that the could
initiate and send to us as quickly as possible.
Nov/ I'd like to consider 100% commercial on the first floor.
Pigott/ I would too.
Horow/ Okay this is a public hearing so we are not at the decision
making here but if you can start the process going and bring
it back to us.
Scotti Well I would think that if in fact that's the will of the
council that at the close of the p. h. you would probably
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#60 page 6
introduce a motion to direct the commission to do so and we
would be more than happy to do that.
Horow/ Okay.
Kubby/ All we need is four shakes of the head right now right.
pigott/ Yeah. Let's do it.
Throg/ The one thing missing in this conversation is Karin Franklin
and we haven't asked her for any kind of reaction. I don't
want to put her on the spot and ask her to walk up and talk
right now but we should have some advice from Karin on how to
proceed.
Horow/ Is there anybody else who wishes to address council on this
subject before we look at Karin.
Pigott/ Come talk to us Karin.
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Horow/ Karin do you wish to address council on this subject at this
point.
Throg/ I'm not trying to put her on the spot and say you must talk
Karin but it's like at some point as we're discussing this we
ought to hear from Karin.
Franklin/ I guess all I would do is caution that we think about the
consequences of the change that's being talked about and the
practicality of development with this change. And I mean I
haven't thought about it for more than a minute. But just that
we so that so that as we make these changes we do fully
understand what the consequences might be.
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Baker/ I think our point was that we have time to think about these
consequences but we would like to start the process now. We
are not saying we are going to do it tonight. We are saying
to start the process. To send something.
Franklin/ I guess I just heard an ordinance amendment at the
Commission's next meeting which means we have to have it done
by next Thursday.
Baker/ Mr. Scott was optimistic.
Franklin/ okay.
Kubby/ The other possibility is to say we would like to get some
pros and cons or what the consequences are in one page within
a couple of weeks. If we want to go forward at that time we
can direct Steve to forward.
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#60 page 7
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Horow / Why don't we close this p. h and then direct staff to do
that. I declare the p. h. closed. All right, now. Does
council wish to direct staff to come back to us with the pros
and cons of this item as it has been discussed this evening or
do you want staff to send that directly to P/Z Commission and
have the Zoning Commission to deal with it and then work on it
and bring it back to us.
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go through and work out the pros and cons with the P/Z to get
the process facilitated. I think that there is at least
interest in a change of some sort and the pros and cons of
this particular issue-
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Nov/ I would like P/Z to consider it first.
Horow/ Yes, thank you.
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Kubby / The other thing is I have only heard us talk about two
different options to get to our goal and our goal is to have
more than just token commercial on the bottom floor. I don't
know if there are any more options that are reasonable besides
saying you have to have two floors of commercial or to jiggle
around the percentage of parking so that it is 100% of
commercial on the first floor. Are there three other options
that are feasible. I guess I would like to know that too. If
there are other ideas that staff has kicked around that we
haven't heard about that are feasible or that were spoken of
at P/Z. I don't know that these two are the only two.
pigott/ I agree with that.
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reanalysis.
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could work that we could be interested in.
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If you do, okay. Okay. Let's move on to item P.
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Agenda
Iowa City City Council
Regular Council Meeting
August 30/ 1994
Page 12
p. Consider an ordinance amending the Zoning Ordinance by changing the
use regulations for property located in the vicinity of the Mormon Trek
Boulevard/Highway 1 intersection from County A 1 to CI-1, Intensive
Commercial, and land northwest of the intersection from County R 1 A to
CO-1/ Commercial Office. (REZ94-0007) (Second consideration)
Comment: At its May 19/ 1994/ meeting, the Planning and Zoning
Commission, by a vote of 6-1, Dierks voting nOr recommended approval
of rezoning land in the vicinity of the Mormon Trek Boulevard/Highway
1 intersection from County A 1 to CI-1 / and rezoning land northwest of
the intersection from County R1A to CO-1. The Commission/s
recommendation is consistent with the staff recommendation contained
in the staff memorandum dated May 12, 1994. In a letter dated May
19/ 1994/ Judy Pfohl, President of the Ty'n Cae Neighborhood I '
Association requested expedited consideration of this item.
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ITEM NO.7 - PUBLIC HEARING RELATIVE TO AN APPLICATION FOR TWENTY-FIVE (25)
UNITS OF SECTION 8 CERTIFICATES AND TWENTY-FIVE (25) UNITS OF
SECTION 8 VOUCHERS.
Action:
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Comment: Paragraph 403A.28 State Code of Iowa requires this Public
Hearing prior to undertaking these housing projects. The Iowa City Housing
Authority proposes to increase the number of rental assistance units in the
three-bedroom size in the Certificate and Voucher programs, pursuant to the
United States Housing Act of 1937 as amended.
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Action:
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ITEM NO.8 -
PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND
ESTIMATED COST OF CONSTRUCTION OF THE 1994 CURB RAMPS
PROJECT.
Comment: This project consists of the construction and reconstruction of
sidewalk curb ramps to Americans with Disabilities Act (A.D.A.) standards
along routes prioritized by JCCOG. The estimated construction cost is
approximately $90/000. This project will be funded by road use taxes and
1994 bond proceeds. '
Action:
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Horow/ (#6p) This is on our agenda. First of all I would like a
motion to adopt the ordinance.
Moved by Nov, seconded Throg. The request for expedited
consideration can't be taken at this time. We have to annex
this area first.
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is just we aren't allowed to do it.
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Horow/ okay. Any other discussion.
Roll call- (yes). Okay, passes second consideration.
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Agenda
Iowa City City Council
Regular Council Meeting
August 30/ 1994
Page 13
CONSIDER A RESOLUTION APPROVING PLANS, SPECIFICATIONS. FORM
OF CONTRACT AND ESTIMATE OF COST FOR CONSTRUCTION OF THE
1994 CURB RAMPS 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. SEPTEMBER 20/1994.
ITEM NO. 9-
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Comment: See Comment Above.
Action:
ITEM NO. 10 - PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND
ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SOUTH SITE
SOCCER FIELD AND WASTEWATER PIPELINE GRADING IMPROVEMENT
PROJECT.
Comment: The City of Iowa City and the youth soccer organizations are
joining forces to cooperatively construct nine new soccer fields on City
property adjacent to the South Wastewater Treatment Facility. Plans are to
begin construction this fall, and hopefully have the fields open for play by the
fall of 1995. This is considered to be phase one of a larger complex, to be
completed as time and funding allow. The pipeline grading done as part of
this project will produce fill for the soccer fields, and will reduce the depth of
excavation required for construction of the sanitary sewer to connect the
City' s two wastewater treatment facilities. Total estimated cost of both
segments of this project is $514,000, and will be financed by a contribution
from the Iowa City Kickers and 1995 general obligation bonds (an internal
loan will be needed until bonds are issued in calendar year 19951.
Action: .jp,/..J I&J
ITEM NO. 11 - CONSIDER A RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM
OF CONTRACT AND ESTIMATE OF COST FOR CONSTRUCTION OF THE
SOUTH SITE SOCCER FIELD AND WASTEWATER PIPELINE GRADING
IMPROVEMENT PROJECT. ESTABLISHING AMOUNT OF BID SECURITY TO
ACCOMPANY EACH BID. DIRECTING CITY CLERK TP PUBLISH ADVER-
TISEMENT FOR BIDS AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS
AT 10:30 A.M., SEPTEMBER 20, 1994.
Comment: See comment above.
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#9 page 1
Horow/ (#9) Moved by Kubby, seconded by Nov. And discussion.
Kubby/ I have a question for engineering. What is the final spec.
Are the kind of curb ramps that we see around town in the d.t.
area. Is that what they are going to look like.
Rick Fosse/ No, they will look different from that. We are going
to be dying the first square of concrete adjacent to the curb.
That is still required. The truncated domes are not. We
talked with some groups representing the state Association of
Blind and there was also a national organization that we
talked to and their preference was not to have the truncated
domes there. So we feel good about that decision. But the
color differentiation is still required.
Kubby/ I know the Department of the Blind once there is many many
curbs will come into town and train people with impairment on
how to use the kind of curb ramps that we have, the variety of
them. So that is something that we can request they come into
town and do some training.
Nov/ What kind of dying are you going to do.
Fosse/ There needs to be some sort of visual delineation and I
think I will let Jeff elaborate on that. He is our design
engineer on the project. He is more up on the regs than I am.
Kubby / So that this is so that people with site impairment who
aren't 100% blind can see the difference in the color of the
concrete so they know where the curb is.
Jeff McClure/ Right. People that can't see real well can really
differentiate where the pavement or sidewalks start to slope
down into the street. So the ADA requirements are that we
provide a visual differentiation between where the ramp comes
down and just before it enters into the street so that they
can see that. There is a darker patch of concrete and they
are going to be going down a ramp and into the street and they
know that there isn't a ledge or a drop off there also and you
asked what kind of coloring it is and it is just an
application they apply to the top of the concrete during
curing.
Horow/ Is it a yellow.
McClure/ It is-there are from what I understand there are different
colors. They will probably provide different color schemes.
The ones that I have seen are kind of a rose colored. I
really don't know what colors they all come in.
Kubby / I assume that they are colors that are easily seen that
create some kind of contrast.
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pretty light so as long as it is a dark color.
Nov/ And this is in the concrete rather than on the surface.
McClure/ Right. It is in the concrete so there is no chance of it
ever being chipped off or causing a slippery surface. When
it is raining or paint or anything like that it can't come
off. It is a permanent fixture as part of the concrete.
Horow/ Okay. Great. Any other questions. Thank you Jeff.
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is a motion on the floor for the resolution. Is there any
other discussion. Roll call- (yes). Great.
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#10 page 1
Horow/ (#10) I declare the p.h. open.
Aleda Feuerbach/ Pleasant Valley Garden center, Field Nursery, and
Golf Course. This property is adjacent to us and first and
foremost I just want to say I'm not against the soccer fields.
It's a great idea. What I am concerned about is the access to
the soccer fields. I'm concerned about agreements that were
made with the county when it was in county property back in
1998 that says initial improvements of this ground will mean
a road coming from the north. What I'm concerned about is the
fact that we're calling this a park but there's not one tree
on the entire facility. That's not, that shouldn't be. And
that's not from my nursery standpoint. It's just by
definition. You folks have been talking a lot about trees
lately and it just goes against everything what you people
have been saying. And the fourth issue I guess is the notion
that is being discussed quite heavily that the new plant and
the old plant have to be connected by an eight foot pipe and
right now that pipe they're talking about is going to go
through our golf course. My belief is that if you've got to
build a road let's put the pipe underneath the road where most
utilities go and not interfere with a good business on the
south side of Iowa city. Thank you.
Kubby / Is that something that I s been talked about on the staff
level, the possibility of putting the sewer pipe through the
road.
Atkins/ Certainly. But as I understand this project and Chuck can
speak to it, this movement of earth and the location of soccer
fields does not have a direct bearing on location of the pipe.
Kubby/ That's a separate project.
Atkins/ Separate project. Separate issue. Yeah. As far as trees are
concerned we certainly intend to put them on there but put
them around soccer fields not.
Nov/ And that's if are going to have a road putting the sewer line.
Atkins/ We have to have a road.
Nov/ Next to the road or under the road certainly does have some
logic to it.
Atkins/ Yes. And when we bring that back to you on the meeting on
the 12th we'll have all those meeting addressed for you.
Baker/ steve I want to-Excuse me.
Horow/ steve. That's all right. We did discuss this last night to
the point that we will be discussing it on September 12. In
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#10 page 2
other words we would like staff to prepare
for council to read and be prepared
intelligently on the 12th.
more information
to discuss it
Baker/ I just want to make clear that this resolution that we're
fixing to pass does not have an impact at this time on
Pleasant Valley.
Atkins/ That's correct. This is all on city property.
Horow/ That's right.
Baker/ And we still have the option of altering or changing
whatever we want to.
Atkins/ Yes you may. Yes you may.
Baker/ So this doesn't obligate us to any set design right now.
Horow/ No. I asked about Mr. Schmadeke about the time working
backward from where the bids would actually go out from the
laying of the pipe, the connecting pipe. Mr. Schmadeke do you
want to repeat the time frame that we're talking about here.
SChmadeke/ Yes. Just to address the pipe. The pipe that we're
talking about here is the pipe that is on city property and
that alignment will stay the same regardless of whether we
cross the golf course or go around the golf course. The
grading that we're talking about is to remove some of the dirt
over the top of the pipes. The cost of the pipe construction
will be cheaper.
Baker/ I just want to make it. clear that the work involved in this
resolution will not have an impact on the golf course. This
work itself.
SChmadeke/ That's right. It's on city property adjacent to the golf
course.
Horow/ And when are the bids expected to go out for work on the
pipe connecting the plants.
Schmadeke/ That would be next spring.
Horow/ Okay.
Baker/ That's when the decision.
Horow/ So the design will take place over the winter the fall and
the winter.
Schmadeke/ That's right.
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#10 page 3
Horow/ And the bids go out next spring for construction next summer
construction season.
Schmadeke/ That's correct.
Horow/ Okay.
Kubby/ And when, do we have a time frame for the road to give
access to people from the north to the soccer fields. What is
that time.
Atkins/ A great deal will depend on what you decide on the evening
of your work session giving us some idea of the direction to
take. We do have to build a road to the north regardless of
whether we're in the county or the city. It only makes good
sense.
KUbby/ We're still committed to that agreement that we made.
Horow/ Thank you Chuck.
Baker/I just want to ask Aleda if she has any concerns now with
this discussion we just had about this particular resolution
and the work involved with this.
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Feuerbach/ The only concern that I have yet is the access to the
soccer fields. Are the soccer fields going to be built before
the road is built. If so you're asking the soccer players and
parents to go way south and then come north and that I don't
believe is what the county wants to see and I don't think it
makes good sense either and I'm afraid that Nursery Lane which
is a private 10 feet wide gravel surface is going to become a
quick short cut.
Atkins/ It can't.
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Feuerbach/ You can see. You knO\~ that it's there. It's pretty
appealing.
Atkins/ Then Aleda, we'll block it off at the city property line.
Kubby/ That will be one trial learning.
Baker/ It's intended to be an emergency entrance and exit only and
nothing's changed on that.
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Atkins/ Just block it off in any way you want to.
Horow/ The original questions still stands in terms of is the road
done simultaneously or the soccer fields. And that is what we
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#10 page 4
have to discuss next week at the 12th.
Feuerbach/ Okay.
Horow/ Thank you.
Feuerbach/ Thank you.
Horow/ Okay. I think I close the p.h.
Pigott/ No not yet.
Richard Rhodes/ 2014 Rochester Avenue. And again I'd like to state
I'm not against the soccer fields or the development down
there. But I do have a concern if you'd direct you're eyes to
the sensitive areas inventory map that you see on the wall
you III notice that there I s some areas of potential wetland and
hydric soils in the vicinity. I examined the materials in the
city clerks office with regard to this project and I saw I may
have missed it but I saw no letter from the corps of engineers
or the SCS delineating the extent of wetlands in the area,
jurisdictional wetlands. And I feel from what happened at the
Sycamore Farms annexation that is something that is needed.
Secondly I did not see any confirmation of an approval for
this development plan by the Iowa Department of Natural
Resources as is required by the US EPA contracts signed SE
interceptor sewer. I'd like to know the standing of these two
matters. Thank you.
Horow/ Mr. Schmadeke would you wish to address this please.
Schmadeke/ We did contact the Corps and they did look at the site
and cleared it for the development and as far as the sewer I
think that Rick could maybe answer that but I think that's
with development for potential sewer uses that we were
concerned about.
Horow/ Thank you.
Fosse/ I think Chuck pretty well summed that up. That contract with
the DNR regarding our grant from it years ago talked corridor
residential development along there. I don't think park
development was intended to be covered by this.
Kubby/ But at the same time I think that we are putting people up
to high standards around wetlands and soil issues that. We
should be looking at putting ourselves up to those same. I
guess I'd like to know what kind of soils are there even low
grade wetlands. Are we going around them. Will the park
compensate in terms of the placement of the soccer fields.
Fosse/ My interpretation of the agreement with the DNR is that it
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is to prevent development of wetlands. It's supposed to help
protect wetlands along that corridor there. Now the site has
been evaluated for wetlands as Chuck has mentioned and found
to have none so in that regard we've upheld that contract.
Horow/ We have that signed document from the Corps on file.
Fosse/ I've not seen it. Chuck or Terry Trueblood would have it.
Horow/ Because that should be part of the specifications shouldn't
it.
Fosse/ Yes. It won't be in the project specifications but it would
be on file.
Kubby/ Chuck do we have that on document. Or is it pending. I mean
they told you over the phone or through a letter. And is it
coming.
Schmadeke/ It was handled through our consultant and
notified through them that it's been cleared by
We'll get information from it.
we've been
the Corps.
Horow/ Thank you.
Kubby / For any reason is that something that you would still
question.
Rhodes/ I don't question either Shoemaker and Holland or Chuck
Schmadeke or Rick Fosse. But I do think that if you're going
to do something that is part of the public record that there
is a letter from the Corps of Engineers delineating the extent
of the wetlands. I would disagree with Mr. Fosse's
interpr.etation of the agreement signed with EPA. I believe it
says development. I don't think it says residential
development because development can be many things. It can be
commercial. It can be park. It can be turning apparently or
not turning a wetland into a soccer field here but you could
fill a wetland and turn it into a soccer field. And that is
just as destructive as building houses on top of the wetlands.
So I think that's sort of begging the issue here to say our
park development doesn't count. It certainly does count. And
I think that with the high standards that Sycamore Farms
Company, I guess now it's called Lake Calvin Estates, with the
high standards that they're being held up to it behooves the
city also to hold itself up to those high standards. Thank
you.
Horow/ okay. Anybody else wishes to address council on this. The
p.h. is still open. Does council have any questions for staff.
KUbby/ I have one question. Does the $514,000 include landscaping
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#10 page 6
for the soccer fields.
Atkins! I don't think so. No.
Kubby/ So we're going to be building a bunch of flat open spaces
without any protection from the wind,
Trueblood! That's correct at this time. We have to phase it in.
You'll recall from the original design about four years ago we
had landscaped in over a thousand trees until we found out we
couldn't afford them. We had to cut back on that. Our intent
is to gradually landscape i~. The important issue right now is
to get nine soccer fields constructed for the kids to have a
place to play and then start to develop the rest of it.
Horow/ We want those kids in Broadway to have someplace to play.
Kubby But I guess it's also for to make sure there's shade and
other amenities there and before nine more or two more or
three more soccer fields are built down there even with a
combination of private and public funds I want some
landscaping in there.
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Horow/ We'll have to talk about that at budget time.
Nov/ Can we put some landscaping in.
Trueblood/ Pardon me.
NoV/ Can we put some landscaping in. Are some trees in the nursery
available for this kind of thing.
Trueblood/ We could very easily transplant a few trees from the
nursery down there. There are a few trees on the site. A very
few trees on the site. But around the perimeter of it. And
right now with the project budget unless the bids come in very
good there's no money for trees immediately but "le fully
intend to have a lot of trees down there eventually.
Kubby I'm not interested in saying just stick a tree down there.
stick three trees down there. I'd rather have it part of the
plan and if the plan has to be phased that's acceptable. But
you're saying there's saying there's a plan and someday we'll
be implementing it.
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Trueblood! Yes. That's correct.
Nov! How about someday soon.
1I0row/ Well it's money. We will have to discuss this at budget
time. We can't just get it out of nowhere.
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#10 page 7
Nov/ We will.
Kubby/ What I'm saying is I won't vote for more soccer fields until
part of the other parts of the other facility are part of the
project.
Throg/ I guess I'd like to make a totally different point and that
is I'm still a relatively new member of this council. I guess
I started about nine months ago. I don't think I've seen any
material explaining why we want to building the soccer fields
down there. What the rationale is behind it and so on. I'm
sure that such documentation exists and it's probably quite
compelling. But I haven't seen it so I feel like I'm kind of
drifting out there not having a clue for what the rationale
is. I have some inkling about it but so if there is written
material which substantiates why we're doing it, I'd like to
see it.
Horow/ Get together with Terry and the Parks and Rec Commission.
Baker/ Can I just get some clarification of something. Terry said
there is a plan to phase in substantial number of trees in
developing the fields. Right.
Trueblood/ We don't have that plan on paper right now.
Baker/ How's it a plan.
Trueblood/ Pardon me.
Baker/ How is it a plan then if it's not on paper somewhere.
Trueblood/ I guess it's a plan just with the obvious case that both
parks and recreation staff, parks and recreation commission,
the Kickers the youth soccer community, all want trees down
there. But one thing to keep in mind is that we've got
$100,000 contribution from the Kickers and the Youth Soccer
Association. The thing that they're most concerned about are
having regulation size good turf on which to play.
Baker/ I don't want to mislead you because the lack of trees is not
going to be the issue that causes me not to vote against this.
It might be the location of sewer lines and all that other
stuff. But with two children in soccer leagues I've stood out
twice a week without trees to watch soccer games. That's not
a major issue for me as a parent of participants so maybe I
have a conflict of interest here.
Kubby/ There is plan.
Baker/ I would like to see if they're going to talk about a plan to
put something down on paper.
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#10 page 8
Kubby/ In terms of the bond issue that failed. There was a plan
that had landscaping on it that was very specific.
Trueblood/ We do still have that plan.
Kubby/ And that may need to be modified but.
Trueblood/ And that's the plan that's the complex that we hope to
achieve something similar to someday that you would note from
our from the initial nine field are very close to the southern
portion of that plan back in 1990. Then we want to stick with
that as closely as we can.
Horow/ Okay. Are there any other questions. This is still a p.h.
Baker/ We haven't even got the resolution.
Horow/ The resolution comes next. Any other questions at this time.
I declare the p.h. closed.
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#11 page 1
Horow/ (#11) Moved by Lehman, seconded by Kubby. Discussion.
KUbby/ I had a couple of things I wanted to say. One is back to the
trees. That land is public land is not meant to be totally
soccer field. One of the visions was to have it be a sports
complex for various kinds of recreational activities both
active and passive. And for that I think we need to have
trees. It's not just for the soccer players or just around the
soccer fields but as we start incrementally doing things down
there we need to start incorporating part of these other
amenities.
Baker/ My point was that I'm assuming we are going to implement
those things, phase them in over time. But the lack of that on
the first year for example is not going to be a factor in my
voting.
Kubby/ And I didn't say it was for me either. I said when another
phase of the soccer fields comes it may be a factor.
Baker/ Sure. I just don't want to mislead the public.
Horow/ Any other discussion.
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Kubby/ Well the other comment that I wanted to make was that before
there's a further development on city property down there I
would hope we would delineate what we see on the natural areas
inventory so that we can plan our development around the
hydric soils and the wetlands down there. So that we have some
prior knowledge of specific delineation before we plan
whatever phases.
Horow/ That's a good idea. Anybody else.
Throg/ Yeah.
Horow/ Jim.
Throg/ For the reasons I tried to articulate a minute ago I think
I have to abstain on my vote for this particular issue or
resolution. I haven't seen any written material. I don't feel
knowledgeable enough about what our plans are for developing
that are and whether or not I think they're good or not. So
I'm going to have to abstain I think on this one.
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Horow/ will you be able to get though to staff and get yourself
briefed on this about-
CHANGE TAPE TO REEL 94-103 SIDE 1
Throg/ About how to develop that area so lid like to see something
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page 2
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at this point I feel like it's necessary to abstain.
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Horow/ Any other discussion. Roll call- Resolution passes, Throg
abstaining.
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Agenda
Iowa City City Council
Regular Council Meeting
August 30, 1994
Page 14
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Action:
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ITEM NO. 12 - PUBLIC HEARING ON A RESOLUTION CERTIFYING UNPAID SANITARY
SEWER SERVICE UTILITY CHARGES TO JOHNSON COUNTY FOR COLLEC-
TION IN THE SAME MANNER AS A PROPERTY TAX IBACULlS).
Comment: This public hearing is being held in accordance with the Iowa City
Code. The property owner has received notice of the date and time this
matter will be considered by the Council.
'--'"
j ITEM NO.13. CONSIDER A RESOLUTION CERTIFYING UNPAID SANITARY SEWER
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THE SAME MANNER AS A PROPERTY TAX (BACULlS).
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Comment: Iowa Code Section 384.84 provides that the City Council may
certify unpaid charges for services of the sanitary sewer system to Johnson
County for collection in the same manner as a property tax. Charges for
unpaid sanitary sewer services for properties located at 2120 South Riverside
Drive and 2126 S. Riverside Drive are presented to the Council. The matter
was deferred for a period of sixty days from the June 14, 1994, Council
meeting to' attempt settlement (3/4 payment). Settlement attempts have
failed, and the full amount of the unpaid sanitary sewer utility bills should
now be certified.
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ITEM NO. 14 - ANNOUNCEMENT OF VACANCIES.
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a. Previously Announced Vacancies.
(1) Design Review Committee -
(alOne vacancy for a three-year term ending July 1, 1997
(Timothy Kresse was unable to accept the appointmentl.
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(b) One vacancy for an unexpired term ending July 1, 1995
(Kim Merker resignedl.
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These appointments will be made at the September 13, 1994,
meeting of the City Council. '
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#13 page 1
Horow/ (#13) Moved by Pigott, seconded by Nov. Discussion.
Throg/ Seems to me we made a reasonable offer and it wasn't acted
upon. We ought to move on with this.
Kubby/ I am going to be voting no on this because the resolution
states that we will be certifying the full amount of the
unpaid services and looking at the legal information that we
got from the City Attorney it seems to me that there was some
reasonable amount of responsibility on the part of the city to
rectify this earlier and that there was some reasonable amount
of knowledge interdepartmentally that wasn I t communicated well
and therefore, I think our policy that we have used in the
past may not look as attractive to council because of the
amount of the claim but I think it is not good-the good
discretionary use of that policy that we should follow the
payment of half as we do with other people under although not
similar circumstances with the particulars but when there is
a problem like this we should follow the same policy.
Pigott/ I am going to vote for it but I think in some ways we
really are just sort of asking (can't hear) because there were
a number of years which a bill was not collected that aren't
recorded. Therefore, I understand your position but differ
because I think there were so many that weren't collected on.
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Kubby/ But our policy is for the years that we have records for.
So I am just saying that we should follow our policy like we
do with other people on the few times since I have been on
council.
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letter of it.
Nov/ I agree with Bruno on this one. If there was no payment for 20
years and we are asking for payment of ten years that is half
of what we would have asked.
Baker/ And can I just get a clarification here. What is our
justification for asking for the full amount.
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Gentry/ You lawfully may.
Baker/ Is it that simple.
Gentry/ Yes and I believe that was your discussion 60 days ago when
you moved to defer for 60 days and suggest settlement. That
in the event that it fell through that you would then choose
to certify.
Baker/ We have the,discretion to do otherwise but we lawfully may-
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Gentry! certainly. You may do anything with it that you like.
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Horow/ Okay. Anyone else have any further discussion.
Roll call- Resolution passes, Kubby voting no.
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Agenda
Iowa City City Council
Regular Council Meeting
August 3D, 1994
Page 15
b. Current vacancies.
(1) Riverfront and. Natural Areas Commission. Three vacancies for
three-year terms ending December 1, 1997. (Terms of Jim Pugh,
Nancy Seiberling and Judy Pfohl end.) These appointments will be
made at the October 11, 1994, meeting of the City Council.
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ITEM NO. 15. CITY COUNCIL APPOINTMENTS
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a. Consider an appointment to the Committee on Community Needs to fill
one vacancy for an unexpired term ending April 1, 1995. (Susan Feeney
resigned.) .
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b. Consider an appointment to the Riverfront and Natural Areas Commis-
sion to fill one vacancy for an unexpired term ending December 1, 1995
(Karen Mumford resigned).
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ITEM NO. 16. CITY COUNCIL INFORMATION.
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Horow/ (#15b) Council received only one application and we will be
readvertising this and at the desire of the Commission chair
and Council chair the Mayor is taking the prerogative of
redesigning the vacancy announcements so that we encourage
diversity of people who respond to this request.
Nov/ We need a motion,
Horow/ Moved by Nov, seconded by Throg (appoint Gretchen Schmuck to
the CCN). Any other discussion. All those in favor signify by
saying aye (ayes). Great.
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Agenda
Iowa City City Council
Regular Council Meeting
August 30, 1994
Page 16
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ITEM NO. 17. 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. 18. RECOMMENDATIONS OF BOARDS AND COMMISSIONS.
a. Consider a recommendation of the Human Rights Commission that the
City Council adopt the revised Human Rights Ordinance. A public hearing
on the revised ordinance is being set under item 4d(2).
,
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ITEM NO. 19. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING
'II.J., V2>'O THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTR~CT
FOR THE CONSTRUCTION OF THE HIGHWAY 1/MORMON TREK INTERSEC.
TION IMPROVEMENTS PROJECT.
11
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Comment: The bid opening for this project was held an August 23, 1994
and the following bids were received:
Streb Construction, Iowa City,IA
All American Concrete, North Liberty,IA
Metro Paver's Co., Iowa City, IA
Engineer's Estimate
$106,714.10
$102,425.50
$96,173.20
$116,222.70
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Public Works and Engineering recommends awarding this contract to Metro
Paver's of Iowa City, Iowa. Funding for this project will be provided by
road use taxes.
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#16 page 1
Horow/ (#16) City council Information.
Lehman/ Yes. Today I understand we had a news conference which
explained a lot of the complexities of the water plant. Now
we are starting to get as council folk's questions about the
improvements to the sewer plant and questions I can't answer.
We talked very briefly earlier this evening. Next informal
which will be the 12th council will have an opportunity to
find out from the engineers and whatever what we are doing,
where we are doing it and why we were doing it. So maybe we
will be able to answer some of the questions that come up too.
Kubby/ We had asked that a couple thousand dollars more be given to
P/R for midnight basketball starting this fiscal year and I
guess I would like to know how it is going. Are people coming
and playing ball at the Rec Center.
Trueblood/ Attendance has been very low so far.
implemented it yet.
Kubby/ Is it because of the rehab of the Rec Center.
We haven't
Trueblood/ That is part of the reason, yeah. We intend on
implementing that very soon. What we wanted to do is wait
until school started and we just didn't figure we would get
all that much in the summer time. The use of the Recreation
Center other than the pool closes down in the summer time
other than summer camp. But we will be implementing that by
the end of september.
Kubby/ How are we going to let people know that this is available.
Trueblood/ You know our brochures just came out. To be honest with
you I am not sure that there is anything in there or not. But
we will make sure that we get it out through the media and
through the schools.
Kubby/ I think we should all go down and play basketball one night-
Horow/ wait a minute. After this bicycle business I will be darned
if I am going to do-Jim can take you on.
Throg/ The city versus the county. We have got to do that.
Horow/ I will referee.
Kubby/ That is not fair. Don Sehr is really tall.
Horow/ This discussion is degenerating.
Trueblood/ From what I have been working with here at noon time
basketball you might be safer playing at midnight.
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#16 page 2
Kubby/ I have seen it down there.
Horow/ Karen, do you have anything else.
Kubby/ I was gone for a while and right before I left there was all
this stuff in the paper about spending police time chasing
down people who put posters up d.t. on telephone poles where
they are not suppose to be. And when we are talking about
scrounging for hours for community policing in the Broadway
street Neighborhood Center area and we have to way our values
with not a lot of personnel, I say let's do some more stuff on
the street versus worrying about posters. It shows what a
vital community this is. One guy wrote into the paper pay me
$75 a month to tear them down every, week. That sounds like a
pretty good idea.
Atkins/ It was a little overstated I think from the media.
Kubby/ I just want to make sure that it is not high on the priority
list for how the Police Department uses their time.
Atkins/ with all due respect to the council it may not be high on
the priority list but we get calls in the office and I am
really just in the position to go oh no, we are not going to
do that. Because at the time it is a pretty big deal to
someone. I mean I know I have my own little patrol if I am
walking through and it is in the wrong spot I tear it off and
I think it is just intended to put a lot of folks on notice
and quite frankly we wrote letters to merchants. Most of them
were falling allover themselves saying oh we didn't know this
and we didn I t know that and will take care of it. So it
wasn't a mass police movement through d.t. I understand your
point.
KUbby/ I have talked with maybe four households at Towncrest who
are either relocated or in the process of figuring out
relocation who don't feel they are understanding all of the
options available to them or knowing all of the information
about the consequences of their choices up front and before I
leave tonight I want to give you some real specifics of one
case. Just to make sure that it is real important that our
staff is clear and people need a lot of tender loving care
going through this process and I want to make sure we take
care of them.
Atkins/ If you have some specifics let me know.
Kubby/ And lastly I mentioned last night that diversity conference
that someone had called me about and Sue you said something
about it.
Horow/ We have some material. I am getting to Human Rts. and to
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#16 page 3
Dale.
KUbby/ It would be good if someone represent local government from
Iowa city could be part of the delegation going to this
diversity conference which is October 5-6 and is sponsored by
the Lt. Governor, the president of SUI and one of the
publishers of the Des Moines-
Nov/ Since we started up on Towncrest I have to say that I was
pleased from the letter from staff that was in our packet that
said quite a few people have understood and have been
relocated and the others are getting help. At least it was
positive compared to some of our earlier communications.
Atkins/ Seems to be working.
Nov/ I was also pleased to see in our packet that the Board of
Appeals is talking about revising our Building Code in order
to have ADA accessibility in the public r.o.w. I think we are
making some good progress on that one. And we are making good
progress, I have to give Terry Trueblood a pat on the back
because our P/R Department rehabbed, repainted or whatever the
kiosk on the street or near the street on Dubuque Street at
the request of the Convention and visitors Bureau. I went to
their board meeting today and they said gee, this is
wonderful, we didn't know they did that. So they are going to
send us a thank you letter but I will say thank you to Terry
now.
Throg/ Well, I guess I would like to make three sort points. One
is I am very disappointed that my friend Davey Moore. He was
sitting out in the audience earlier. Davey is an outstanding
singer/songwriter who plays locally quite a bit and I wish he
had been here because he introduced me once over at the
Sanctuary and I wanted to introduce him. So if anybody is
watching he is a terrific singer and songwriter. Second thing
I went to Abilities Awareness Day that you announced at the
start of our meeting. I went to it sunday and would like to
congratulate Bob Fench, Sherri Long, Leslie Lemar for doing a
really terrific job in setting it up. Terrific entertainment
and the people there were doing fine work as well. It was a
good event. And the last point I guess I would like to make is
that I was reading through minutes of the HP Commission last
two meetings and I noticed that its consultants are making
good progress towards preparing a conservation district
ordinance and one of the questions they discussed in the
minutes or one of the issues is the importance of providing
models for good design with regard to infill development in
older neighborhoods. And they are curious about what council
thinks about that. I don't know what council thinks about it
in general but I would like to express my support for the idea
of providing models. Good models for good infill designing in
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page 4
those kinds of neighborhoods. Illustrating what constitutes
good design when it comes to infill development within
existing older neighborhoods. So-
Horow/ For instance, do we say we want the whatever a new house
would maintain the integrity of the neighborhood, the same
roof level-
Baker/ Phrased providing models for that.
Pigott/ Not little ones.
Throg/ Like perhaps someone does a fine job of infill. Well that
is a good model on how to do it. Of providing design
guidelines to indicate how to do it.
Baker/ Okay.
Horow/ But picking up on that is one of the other questions that
they had had to do with the consultant made the comment that
there was very little if any modern architecture in this city
and I don't happen to agree with him but I thought that was an
interesting comment and how you do that in infill in the city.
Throg/ I think what he really meant was a contemporary development
has not been-there are no good examples of contemporary
development and I think the consultant was referring to infill
development in older neighborhoods primarily and he didn't
mean modern design. That is a subtlety of architecture.
Horow/ It is a fascinating commission. Bruno-
pigott/ I had just one thing, Sue. I read in tonight's Press
citizen editorial which was titled Grant Would Help But Isn't
Necessary and it is about an application from the UAY and the
Johnson county Board of Supervisors has submitted for $224,000
in grant money to provide for a package of preventative
programs to help fight crime or the potential of crime in our
community and the editorial seemed to indicate that they
questioned the need for such a grant in our community and I am
a big supporter of this grant. I have signed a letter of
support for it because I think it does show that we don't have
to have high crime rates to show that we want and care for
programs like the basketball program that will start at the
Rec Center. Some of the really active youth programs at UAY
and other social service agencies have implemented could use
a little extra funding for it that they couldn't get through
perhaps CDBG funds which really attack the root causes of
crime in the community. Instead of having to fight on a daily
basis for police in the schools or other activities, here is
a program that is really attacking a broad range of areas that
the root causes-I want to applaud the efforts of all the
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#16 page 5
people involved. I know that this grant has a number of
different activities including some funding for police in
schools. But my point is I think it is a really good program
overall and I am supporting it and I just think that the Press
citizen happen to be wrong on this issue.
Horow/ I see it as preventive health.
editorial. It sells newspapers.
I too was baffled by their
Larry-
Baker/ More cynical than I am. I just wanted to thank steve for
his litter control efforts but I want to remind you it is in
your contract, you have to do that. Part of your pay raise.
Very small print that you have to do that.
KUbby/ You should wait until the event is over.
Atkins/ Do city managers sweep-
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Baker/ I have two very quick questions and a request from council.
The first question is on the citizenship award program that
you set up at the various schools, I may have missed this
steve so correct me if I am wrong but was Regina on that list
of schools.
Atkins/ Yes. No, it was not on the list. It is now. It was
brought to my attention. My mistake.
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Second thing is along with something that Karen raised
earlier, a different version of the question about use of Iowa
city Police time. I understand that the school district is
still debating whether or not to have this police officer
program in the junior high schools. It is my understanding
that this council has not supported that idea. Is that-I was
not at the meeting when you discussed it.
Atkins/ council has taken an official position on the thing. It
was briefly discussed. The school district-
..
Kubby/ There was no overwhelming support.
Baker/ I am just wondering if the council ought to go ahead and
make up its mind so that it can be a factor in the school
board I s decision so they will know that we are or are not
participating and it may affect their decision.
Horow/ Would council like the chief to brief us in a similar manner
as the school board. We have not been actually briefed on
this.
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#16 page 6
Horow/ Not anything like what was given to the school board,
however.
Throg/ I think that would be fine.
Baker/ My inclination is just simply say no right now and go from
there.
Throg/ I think it would be fine to hear from the chief but if we
hear from the chief we should hear from other people who might
disagree. I think that would be very important because I
would be inclined to not support it now. I haven't really
heard from other people who strongly support this. So I would
like to hear both sides.
Nov/ It was our impression that the schools did strongly-
Horow/ The schools are supporting this and that-
Baker / I just don I t want the school board to make a decision
assuming that we are supporting this project as well and then
we get into some sort of-
Atkins/ We understand, ultimately you would have to increase the
table of organization in the Police Department which is your-
pigott/ Which is our call-
Atkins/ Your call and of course if you would not vote for the
additional officer it ends it right there. You still have to
provide the police officer no matter who pays for it because
it would be an Iowa city Police Officer. Would you like it
back on the 12th so you can officially decide it up or down.
Kubby/ The presentation to the school board was video taped. So
people could get a transcript or read or watch it on t.v.
Baker/ This body ought to settle our part and participation as soon
as possible and let the school board know.
Atkins/ Point well taken. Why don't I put it on for the 12th and
you can-
Baker/ And now a little bit more extended question and I talked to
Dale earlier this afternoon about this and I would like to get
a sense from council on this particular proposal. Very often
the city has a position on legislation, on federal or state,
and we send letters to the congress or state legislators. I am
wondering how practical or feasible and easy it is to have a
follow up that when the legislation is voted on we know how-
l mean, we do this sort of haphazardly by reading the
newspaper on our own or anything. But some sort of formal
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note back to us saying this was your concern, this was the
vote of x, y, and z, your legislators. On the federal level
being the two senators and Jim Leach and then on the state
level whoever is the appropriate local representatives. To
find out not only how they vote but I would like that
information and make it part of our public discussion sometime
under council time. Like here is what we thought was a
concern for the city and here is how the legislators voted on.
I would like to let them know that is being discussed.
Horow! That is a good idea.
Kubby! Council does have a legislative committee that maybe could
help track that stuff or do follow up with the staff.
Pigott! I think it is a great idea. For instance, here are we
talking about police in schools or these grants. An exact
example is the crime bill. One which we as council members
could have a great input into our legislators about whether we
support it or are against it and it would be good to be able
to call-
Horow! Actually you did because
which we have been in
communications Cable T.V.
I sent letters.
correspondence
The other one
wi th is the
Pigott! Yeah and I know your efforts have been great.
Horow! Who is on our legislative committee.
Baker! Me and Naomi and (can't hear). I talked to Dale and it is
easier to do at the state level with state legislation than it
is with federal because it is so convoluted in Washington what
vote counts for what. So it is a little harder to keep track
of.
Kubby! There are services on line so you can get that information
real quick what the current bill is you can get on lots of
networks.
Baker! Dale is sort of our legislative liaison and for him to help
us keep track and then we take that information and also use
it ourselves in the public forum.
Horow! Anything else. Great. I have two items. One I would like
to follow up on what Bruno reminded everyone on last meeting
and that is Saturday, September 17 Iowa city is sponsoring a
Paint and Household Battery Collection Day at Iowa City
Transit located on South Riverside Drive across from Eagle
Food. That is Paint and Household Batteries. Collection
hours are from 9-1:30 PM. All residents of Johnson county,
towns of Riverside and Kalona are eligible to participate
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although no business waste will be accepted. To bring items
to this event you need to make an appointment ahead of time.
To schedule the appointment call 356-5014 during the weeks of
September 6-9 or September 12-16. Okay, you are aiming for
September 17 Paint and Household Battery Collection Day. For
the appointment call 356-5014. Now when you call them you
will find out all the rest of the specifications as to what
will be accepted and what won It. Then all good paint
collected on the 17th will be made available to the public the
following Saturday, September 24, at the same location. That
is for a paint exchange on Saturday the 24th. And my favorite
is on Saturday September 17 is a Magazine Collection Day at
city Carton. I can hardly wait. I would like to follow up
for those people who were watching the beginning of the
meeting the Retired Seniors Volunteer Program presented the
city with an afghan. The afghan is available for purchase for
$45. It comes in cranberry red, Williamsburg blue, winter
green, and you can call the RSVP Program at the Senior Center
at 356-5218 or mail your request to the Senior Center. So
that is the afghan. It depicts all the various scenes in Iowa
city and that is that.
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Horow/ (#17a) City Manager.
Atkins/ Two items. The first item was follow up to your comments
about the Toxic Clean Up Day. We need volunteers. Give a
call to Brad Neuman who is our Solid waste Planner, 356-5235,
if you are interested in volunteering. We have got the word
out to all of the folks who participated last year but I am
sure we are going to need more.
Kubby/ Can you predict good weather.
Atkins/ I predict wonderful weather because it was so bad last
year. It was awful. It has to be better this year.
The second item was in your packet. You received a copy of
the memorandum from John Rummelhart talking about the use of
the city's water revenues. While I have not done extensive
research associated with that particular request for an
ordinance there is a couple of comments that I would like for
you to think about before we proceed. The first one is a note
of caution as well as a note of observation. In the language
it indicates that the charges are specifically for the city's
water treatment facility. supply is not mentioned. A
substantial cost in any water system is supply and the
distribution system and that is not mentioned. Since we are
switching over in our project planning the well system
anything associated with the regulation of those moneys, the
word supply should clearly be mentioned if you are intending
to consider this thing. Secondly, I will ask Linda to take a
look at the possibility of a legal opinion because the state
law regulates how you can use municipal revenues regardless of
the source. And it spells out-now whether this would be some
sort of action that would be contrary to state policy, I don't
know. But all of the work that I have done and my experience
in the years that I have been in Iowa and our contact with the
bond counsels is that the use of water revenues is really
discretionary. We have traditionally used them only for
purposes of water projects. But I think there may be
something in the state law. Third point and it is
particularly important to me that we use water revenues to
meet cash flow needs. That is during the course of the year
we need to make payroll, we need to pay capital projects, we
need to meet all kinds of bills and that we use a variety of
sources of revenues, cash on hand, to pay those bills. If you
were to pass a policy such as this in the way that I interpret
this that would no longer be permissible. Fourth point is do
you wish to consider the use of really any other utility
revenues. Water is identified here. What is the long term
implications. Is there the potential that you would move to
other revenues and choose to restrict them severely. For
example, the sewer revenue-please keep in mind that tonight we
approved a project on the sewage treatment plant site,
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purchased with sewer revenues and we intend to make a park out
of it. Now this issue associated with the water treatment
plant has taken on such extremes that it is and again the
media is not making a great deal of sense. Please keep that
in mind that if you are going to begin seriously to consider
restricting your utility revenues there are other examples.
For example, Tower Court Park is over off George street is a
small park which at one time was the location of the water
tower. It was purchased with water revenues. The water tower
was removed but we left it a park. By way of this ordinance
you couldn I t do that anymore. Or whether those previous
decisions would in fact require you to go back and readjust
those. I can think of a number of other examples. Our
parking fund built a park across the street as part of the
Chauncey Swan Parking Ramp. A fifth point is , quite frankly,
is an issue that, if you chose to do so, is rather easy to
settle. That is there will be no alternate uses on the site.
I certainly can't recommend that when we have a hundred acres
at the site which is flood plain. city Park is flood plain.
And that is you are going to be purchasing the land and we
strongly believe that we still need the whole site. Let's at
least allow you the flexibility to use it for some productive
use. And finally with respect to the admitted financial
interest, anyway you further restrict the pUblic's ability to
secure this site, restrict it financially or otherwise my
judgement is you are simply driving the value of the property
up. caution and observation before I can recommend to you to
proceed with any such ordinance.
Kubby/ When you said that we used some water revenues as cash flow
it should also be stated that that cash flow is then returned
to the Water fund. Just so that is really clear to people.
Atkins/ Yes. We get paid twice a year. Substantially that is how
it works for us. There are two-twice a year a large amount of
money become available. Of course we have to pay bills during
the course of the year and we need to use moneys for that
purpose. Okay.
Nov/ And we also need to have moneys in reserve because of bond
ordinance regulations.
Atkins/ Yes. Those are regulated by law also. It is just to
unilateral to select a source of revenue, apply some limits to
it. I am just not convinced that this is the wisest financial
strategy for you over the long run.
Baker/ Steve, I think you left out one of the more important
examples of where we do transfer funds around that is Parking
and Transit.
Atkins/ Larry, I jotted that down and I would suspect that we would
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probably have to do some reserve on a number of others. The
South Branch Darn is currently used for soccer fields. The
North Branch Darn is incorporated into Hickory Hill Park. They
were not purchased with the moneys that-how far do you take
this thing before you become so hamstrung that you are not
going to be able to make responsible capitol project
decisions.
Kubby/ And to be real clear it is not that we are buying extra land
so that we can kind of slip in a park. It is that we are
using that land for our water source and if some of it needs
to be protected so that we can protect the well heads or
protect the ground water. But there is other parts that
wouldn't be a feasible piece of land to have water plant and
flood plain around it that we are using for water source and
water treatment to have a private developer there. So it
would remain public but how can we use that the most
efficiently.
Atkins/ Those of you that heard the discussion this afternoon, the
geological (can't hear) of that site I think clearly pointed
out-that fact alone can be substantiated.
Kubby/ Although that may also limit how we use that land
efficiently for public purposes because of the delicate nature
of the land.
Atkins/ If-there has been a-the charette was intended to bring
together groups of citizens to allow them an opportunity to
comment on the project plan and put forth their ideas. There
is absolutely no commitment for any of those projects. But
not to think about them when something you are going to be
planning over the-I mean it is a generational issue. I think
we would be remiss on our duties.
Kubby/ So basically one of the results of the sherret would be that
the consultant will plan putting the facilities oriented on
the site such that the possibilities remain for some efficient
use of the land.
Atkins/ We will do our best to be able to accommodate those various
interests. But the bottom line remains that that site is the
source of the city's water supply and treatment, period.
Anything else is a peripheral use. If it is desirable then
future councils will decide whether it is or not.
Kubby/ In a certain sense I wish we would have
conversation when Mr. Rummelhart was here earlier.
there yet.
Horow/ Is it council's pleasure that you would like to-
had this
Is he out
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#17a page 4
Gentry/I would also like to-
Horow/ All right, Mr. Glasgow.
Jim Glasgow/ The issue really is do you need this much land and
that is what John Rummelhart was alluding to earlier. One
thing I would like to say is that he would like a reply to
this letter and we are not looking to hinder uses of the water
fees but the point is is I think you are buying a 150 acre
park here because this plant can fit on 80 acres and I will
present that to you.
Nov/ I think that we have to realize that water rates are not just
buying a structure. It is not just a water plant, a water
treatment. It is all of the wells, all of the pipelines, all
of the reservoirs. It is not a structure which is what seemed
to be implied by Mr. Rummelhart.
Glasgow/ I don't disagree with that. All I am saying is that the
way this plant is designed it is designed specifically to take
up as much land as possible. That is the way it has been
designed.
Kubby/ Do you know when we will be able to look at the alternative.
Glasgow/ I will have it to you before the next council meeting. And
we will have regulations from the DNR stating that the well
heads don't require 1000 foot. It is a 200 foot limit. That
is what it says in the Green study, too. So, this 1000 foot
radius that we have drawn around all of these wells doesn't
apply to this site.
Kubby/ It doesn't account for, even though the regs may be 200, the
functional protection of the wells. Those are questions we
can ask at a later date.
Horow/ Let's wait until we actually get your proposal in. This
sort of debating here is not productive.
Glasgow/ I would rather present that to you in the informal meeting
and present that when I have the facts from the DNR and from
our engineers and then we can debate that issue.
Lehman/ I think it is very important that when you present that
that perhaps Chuck gets it three or four or five days before
we do so that-we are not engineers. We won't look at that and
know anything. Chuck will have an opportunity to look at it
and comment on it.
Glasgow/ I will be glad. Hopefully we can get it to him yet this
week. The only point I want to make is we are debating on
facts here where Steve is saying we are dealing with these
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parameters of a 1000 foot radius and I am saying that is not
right. You are dealing with 200 foot and these are ultimately
going to be decided by the DNR and those are the facts that I
want to present to you and say this is coming from the DNR.
It is not coming from my engineers or your engineers. It is
the guy that is ultimately going to decide whether this site
plan is a workable site plan.
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Horow/ Thank you. Ms. Gentry.
Gentry/ I just want to note steve and I have talked about this on
several occasions. When the question of the water plant and
the pedestrian trail first came up I called Ken Henney and he
directed me to a section of the Code which I have given to
Teresa Wagner who is Jim Glasgow I s attorney in this case.
384.89 of state Code explicitly provides that the city may use
surplus funds of any enterprise funds as long as you follow
the Finance committee's rules. The Finance Committee is
composed of city staff. But more importantly, you will note
if you will go back to your packet and look at the piece of
litigation that I sent you that the resolution that I phrased
was very carefully phrased to include multiple shared uses
which are compatible with the primary use of water supply,
treatment, and distribution. Nothing can be placed on that
site that is not compatible with the primary purpose of the
water supply and treatment facility. I mean you have bound
yourself by this resolution in terms of both bonding,
finances, and condemnation. You just go back and look at that
I think what steve has said will make more sense with what the
track that we are going down.
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meeting.
Gentry/ It was August 2, yes. And it is attached to the motion
which I sent in your partial litigation update. So it is in
this packet.
Horow/ steve, do you have anything else.
Atkins/ No.
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Agenda
Iowa City City Council
Regular Council Meeting
August 30, 1994
Page 17
ITEM NO. 20 -
q't - 2B9
CONSIDER A RESOLUTION AUTHORIZING AN AGREEMENT FOR
ACQUISITION OF PROPERTY IN LIEU OF CONDEMNATION BETWEEN
ROBERT L CARSON AND ROSE KATHLEEN CARSON AND THE CITY OF
IOWA CITY, IOWA FOR THE REALIGNMENT OF ROHRET ROAD.
Comment: This agreement outlines the terms and conditions for acquisi-
tion of a 2.09 acre parcel on the south side of Rohret Road at its intersec-
tion with Mormon Trek Boulevard. The acquisition will allow Rohret Road
to be realigned with Cae Drive, which will create better geometrics for
future intersection signalization.
Action: ~/ ;(/@l#AU
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ITEM NO. 21 -
'1'/- 210
CONSIDER A RESOLUTIO AWARDING CONTRACT AND AUTHORIZING
THE MAYOR-TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT
FOR CONSTRUCTION OFTHE NORTHWEST SANITARY SEWER PROJECT,
PHASE II.
Comment: The bid opening was held August 23, 1994 and the following
bids were received:
Tschiggfrie Excavating, Dubuque, IA
Dave Schmitt Const., Cedar Rapids, IA
Midwest Excavating, Coralville, IA
Barker's Const., Inc., Iowa City,IA
Cole Development, Iowa City, IA
Maxwell Construction, Iowa City, IA
Engineer's Estimate
$99,789.70
$82,280.00
$77,223.00
$74,843.00
$72,452.00
$71,228.00
$80,000.00
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Public Works and Engineering recommends awarding this contract to
Maxwell Construction of Iowa City, Iowa. Funding for this project will be
provided by sewer revenues and be reimbursed over time by sewer tap on
fees.
Action:
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#20 page 1
Horow/ (#20) Moved by Kubby, seconded by Lehman. Any discussion.
Baker/ I think we are all for a better geometric.
Horow / After Sunday I can tell you I can pronounce Rohret Road
rather than Rohret. Roll call-(yes) .The resolution passes
adoption.
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Agenda
Iowa City City Council
Regular Council Meeting
August 30, 1994
Page 18
ITEM NO. 22 .
9'j--zQ I
CONSIDER A RESOLUTION ESTABLISHING FEES FOR CERTAIN SERVICES
PERFORMED BY THE IOWA CITY POLICE DEPARTMENT AND THE
CORALVILLE/IOWA CITY ANIMAL SHELTER.
Comment: The Resolution establishes the fees which are collected by the
Iowa City Police Department which includes the Coralville/lowa City Animal
Shelter.
The fee for computer generated reports is an additional fee which has been
placed on the list of fees the Police Department collects.
Action:
7~/ 11ft!
,~/_~
CONSIDER A RESOLUTION ESTABLISHING FEES INCURRED BY THE CITY
CLERK'S OFFICE AND POLICE DEPARTMENT ASSOCIATED WITH
CIGARETTE EMPLOYEE EDUCATION.
~%
ITEM NO. 23 .
~.4-' 2.'i2.
Comment: The fee recommended represents additional costs and staff time
required to process, distribute and enforce Cigarette Employee Education.
City Clerk and Police Department staff recommend adoption. Estimated
revenues would be $2000 per year.
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Action:
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ITEM NO. 24.
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CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE
CITY CLERK TO ATTEST A 28.E AGREEMENT BETWEEN THE CITY OF
IOWA CITY AND THE CITY OF CORALVILLE FOR VIDEO PRODUCTION
.AND POST-PRODUCTION SERVICES TO CABLE CAST CORALVILLE CITY
COUNCIL MEETINGS.
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Comment: ,The City of Coralville has begun to cable cast its council
meetings and has requested assistance from the Iowa City Cable TV
Division in the form of one staft' person and limited equipment for each
meeting. This agreement is for a six-month period from July 1, 1994
through December 31, 1994. The City is being reimbursed by the City of
Coralville for all expenses related to providing this service.
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#22 page 1
Horow/ (#22) Moved by Throg, seconded by pigott. Any discussion.
Kubby/ One of the things that has been brought to my attention that
has been changed in this ordinance is that if you don't
license your pet that you have to pay a $15 delinquency fee
for a $15 fee. The original fee is $15 and that seemed
outrageous. And it has been changed to a $5 delinquency fee.
But in a certain sense I still feel like that is high because
we complain and agree with complaints that the community makes
when TCI has a $5 late fee on a $20 bill. Saying that that is
outrageously high and that other creditors have a 1.5% per
month late fee. It doesn't seem rational for us to then have
a 30% late fee on something. So I don't like the $5.
Horow/ Are there other council members who have a feeling about
this.
Throg/ I paid a $15 late fee so-
Horow/ I don't have any problems with it.
Baker/ I am trying to get rid of my dog so if anyone would like
mine, call me. I have a big mutt,
Horow/ There are not four people who really agree to changing this.
Kubby/ I still will vote for it but protest for the late fee. On
page, I don't know what page it is-it doesn't have page
numbers. It says about senior citizens shall not be required
to pay for housing, food or non vet care accrued prior to such
adoption. And so if I go in and adopt a dog I pay the spay
deposit, I spay, I pay the fee. If that dog has been there
for two weeks, I have to pay boarding for that dog unless I am
a senior citizen.
Atkins/ That is what I have understood.
Lehman/ That is counterproductive.
KUbby/ What a discouragement for a family.
Baker/ The whole process discourages adoption.
Atkins/ The other side is that the public pays it while we try to
keep the animals. That is really your alternative.
Lehman/ I don't disagree except that if the rental fee for while
they stay there gets large enough no one will ever adopt.
CHANGE TAPE TO REEL 94-103 SIDE 2
Atkins/ It went through the committee, do you want to l{ick it back.
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#22 page 2
I mean if you have some strong opinions on it.
Kubby! On that particular thing I guess I would like to hear some
comments.
Atkins! Let me carve that out or send the whole thing back.
Kubby! Can we defer it for two weeks.
Horow! I don't have any problem with it.
Baker! The whole thing is regressive.
Gentry! You could delete it on the floor.
Nov! I am not sure I quite understand.
Horow! If you take an animal from the shelter, it has been there
for two weeks, you adopt, you pay the boarding fee, the food
and the shelter.
Kubby! Everything except vet care.
Pigott! Is this new.
Kubby! I don't believe-
Nov! I thought that was paid if you reclaimed your own animal
rather than adopt someone else's. I am not sure that I
understand that that was what you paid if you adopt someone
else's.
Kubby! This is about adoption of an animal, section G.
Atkins! Could we choose to have it approved, ask council to
approve, and 'then I will pull back on implementing that
particular element until I can get it back to the committee
because I think we have some deadlines on getting the thing
out if I recall.
Gentry! Thursday.
Atkins! Give me a day or two to get back with them. At least we can
poll some of the advisory board to see how they fell about the
thing. Bring it back. You can amend it now.
Gentry! You can always amend it at your next meeting.
Kubby! Let us pass it as is but I do want-
Atkins! It will be back. I understand your point.
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#22 page 3
Horow/ There is a motion on the floor. Roll call-(yes)
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#23 page 1
Horow/ (#23) Moved by Kubby, seconded by pigott. Any discussion.
Nov/ I think we need to say not just the total amount but the per
application fee is $20.
Horow/ okay.
Karr/ I am sorry, the-
Horow/ The per application fee is $20. The estimated revenues
would be $2000 per year. We are just illuminating. There is
a motion on the floor. Roll call-
Nov/ This is right. Are you arguing about it. The resolution-
Karr/ Are you just clarifying the comment.
Nov/ I am just clarifying. I am saying that $2000 does not have
any absolute day to day meaning. If somebody wants to have an
application for this particular purpose we should say the fee
is $20 for each application.
Karr/ It isn't.
NoV/ The is what is says here.
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affidavit. So it is the application for the establishment.
I just want to be clear on that. okay.
Nov/ okay. Should we clarify it further.
Horow/ Anything else.
Nov/ That is it.
Horow/ 'fhere is a motion on the floor. Roll call-(yes). The
resolution is adopted.
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#24 page 1
Horow/ (#24) Moved by Nov, seconded by Throg. Discussion.
Kubby / In the past we have kind of bantered about the idea of
having more production from the staff for either informal
meetings or for boards and commissions. My question is by
passing this and maybe Bob is out there somewhere running
around, does this restrict our use of these employees for city
production and I guess, at a minimum, what I would like us to
do is during the six month period to see if we have had to say
no to city production ideas so that we have some information
on which to evaluate whether we want to continue this.
Helling/ My understanding of the structure is that it is paid at an
overtime rate and so our staff is actually doing this-
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Kubby/ So they are burned out during the day.
Helling/ To some extent but keep in mind that it is a one camera
shoot so there is only one staff person at the meeting and
just at their formal meetings and it is done simply as a
matter of cooperation with them to get their feet off the
ground in getting cable casting their council meetings. I
think the long term solution is clearly going to be something
other than this.
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Kubby/ I apologize for my comment.
Nov/ Dale, have they actually started this on July 1.
Helling/ They started before July 1 but the person who was doing it
couldn't do it anymore and so they were looking for somebody
to pick it up and we wee kind of the last resort. The last
resort in terms of they knew that our staff was busy but it
was kind of a give and take thing. They needed something and
we could help them out and so that is what this agreement is
all about.
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working all right.
Helling/ As far as I know, yes.
Baker/ Did they use our make up person.
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Agenda
Iowa City City Council
Regular Council Meeting
August 30, 1994
Page 19
ITEM NO. 26-
qlf - l'1'f
CONSIDER A RESOLUTION AUTHORIZING THE MA YOR TO SIGN AND THE
CITY CLERK TO ATTEST AN AGREEMENT BETWEEN TERRACON ENVI-
RONMENTAL, INC. AND THE CITY OF IOWA CITY TO PROVIDE ENVIRON-
MENTAL CONSULTING SERVICES FOR AN EXPANDED PHASE II PROPER-
TY SITE ASSESSMENT.
Comment: To determine the feasibility of redevelopment of the public
works maintenance facility site, staff recommends that T erracon Environ-
mental Inc. conduct an environmental site assessment of the site at a cost
of $43,000 which will be funded by landfill operations.
Action: 7 ~/ p~
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ITEM NO. 27 - CONSIDER AN ORDINANCE TO AMEND CHAPTER 27, IOWA CITY CODE
OF ORDINANCES, 'PLANNING' BY ADDING ARTICLE VI, DESIGN REVIEW.
(SECOND CONSIDERATION)
Comment: At its June 20, 1994, meeting, by a vote of 5-0, the Design
Review Committee recommended approval of the resolution reestablishing
the Iowa City Design Review Committee and adoption of the Design Review
Ordinance. At its July 25, 1994/ meeting, the Council Rules Committee
recommended to require only a simple majority for City Council approval of
design projects.
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ITEM NO. 28 . CONSIDER AN ORDINANCE AMENDING CHAPTER 9.1, IOWA CITY CODE
OF ORDINANCES, "CITY PLAZA," BY AMENDING SECTION 9.1-8(eH3)b.
(SECOND CONSIDERATION)
Action: \\~ / PiAA
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Comment: At its July 25, 1994, meeting, the Council Rules Committee
recommended to amend Chapter 9.1, "City Plaza" ordinance, to require only
a simple majority for City Council approval of design projects. The
ordinance would then be consistent with the Design Review Ordinance.
Action:
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#26 page 1
Horow/ (#26) Moved by Throg, seconded by pigott. Any discussion.
Kubby/ Yeah.
Gentry/ I can explain this because I was on the selection
committee.
Horow/ Great.
Kubby/ Well, okay-
Gentry/ But if you want-Rick left which I am surprised. I wonder
if he is still around. Anyway-
Kubby/ Well, my question is we are talking about moving city use of
this site somewhere else.
('
Gentry/ ah, that's steve's baby.
Kubby/ And selling this or keeping it under the public domain or
selling it to-
Atkins/ You really have a couple of choices. Time to time, as we
find time, we drew up a plan it must have been three or four
years ago about moving the Public Works site to a site out by
the airport and it just simply the press of other business
caused to be set aside. We get inquiries all the time about
that corner as a valuable commercial site and if we were to
make the move, a decision you all would have to make, is that
we sell the site, take the cash and build the new location.
But one of the things that we had to have, particularly with
all the new laws, an environmental site assessment. We would
propose to do that, have that information available to us and
that is about it. We really gone found much further than-
particularly with the Airport Master Plan underway. But I
wanted to have this information available to us. I think most
of you that Public Works-that is the old landfill. And we
have to do something like that because the construction
techniques that would be required no matter. Whether we kept
it, made it open space, whatever you want to do.
Kubby/ I guess may baseline question is and backing up further for
even more basic information in terms of getting soil sampling,
in terms of what could be built on there. Can we actually
because of the stability or instability of the soil there
build anything.
Atkins! Yes.
Kubby! Could someone build something.
Atkins! The bus barn was built there and that was a special
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#26 page 2
construction technique.
Kubby! So that answer was yes so this (can I t hear) is the next
step.
Gentry! That is one of the things that Terracon is going to tell us
in this whole process.
pigott! What can be built on that site.
Gentry! If it is buildable, period, and what type of buildings and
how many feet down you would have to go to make it substantial
and-
Kubby! It seems that before we have to do all the environmental
borings and testing water stuff that that part of it should be
done first and if the answer is it is really infeasible to
build anything why should we go ahead and do the other- I mean
there might be some reasons.
Atkins! I think we know the answer.
Gentry! It will be done simultaneously. During the course of
finding out all of those things they will also answer those
questions on buildable lots.
Atkins! Karen, we do have some of that information from the bus
barn when it was built back in early 80s.
Kubby! okay, so that is showing us that some kind of buildings can
be built.
Atkins! A construction technique, yes. A good example is you can
go to the bus barn and you can look. It sits there and the
parking lot around it rolls. The bus barn doesnlt move but
the-
Lehman! What is the time frame for moving the building.
Atkins! Whatever you want it to be. We have financing. There is
no-there is not-this is not something of particularly high
priority. It is in your seven year plan shown as unfunded.
Lehman! The only reason I ask if it is like the sewer plan, we
finished that in 188. Met all the conditions, they changed
the rules and now we have to do it again. What happens if
they change the rules for these studies. Have to find more
things-
Atkins! Could do that. This is-what was the term last night. This
baseline data we have got to have to do anything. Right now
I canlt give you any kind of recommendation, any ideas, any
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#26 page 3
any anything. I need to have this information.
Nov/ When I read all of this Terracon proposal it seemed to me that
we would have to go down 18-20 feet before you hit anything
like soil. The rest of it was all debris and trash.
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Nov/ So, if something is built there so you have to dig out all of
that trash and take it to the landfill.
Atkins/ No. The bus barn is a demonstration that there is a
specific construction technique that they drive pilings down,
set the building on top of it. The building won't move. The
soil around it does but the building won't. Then you have to
vent for the methane.
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Horow/ Any other discussion. Roll call- (yes).
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Agenda
Iowa City City Council
Regular Council Meeting
August 30, 1994
Page 20
ITEM NO. 29-
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CONSIDER AN ORDINANCE REESTABLISHING THE HISTORIC PRESERVA-
TION COMMISSION AND SPECIFYING THAT APPEALS OF THE DECISIONS
OF THE COMMISSION SHALL BE MADE TO THE CITY COUNCIL. (SECOND
CONSIDERATION)
Comment: During the recodification process, the ordinance establishing the
Historic Preservation Commission was repealed with the intent of reestab-
lishing the Commission by resolution prior to the new code taking effect
September 1, 1994. The new code also specifies that appeals of decisions
of the Historic Preservation Commission shall be made to the Board of
Adjustment. However, on review, it has been determined that the State
Code requires that municipalities which establish historic preservation
commissions must establish them by ordinance. The State Code also
requires that appeals of the decisions of the Historic Preservation Commis-
sion be made to the City Council. This ordinance, in effect, reestablishes
the Histoiic Preservation Commission and the appeals process as was the
case with the previous code. To assure that this ordinance takes effect by
September 1, 1994, staff recommends expedited approval.
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ITEM NO. 30 .
qq- 3"31
Action: d(~ /flpv
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CONSIDER AN ORDINANCE AMENDING THE IOWA CITY BUILDING CODE
BY ADDING A SECTION TO ALLOW INTRUSIONS INTO THE CITY RIGHT-
OF.WAY FOR THE PURPOSE OF PROVIDING ACCESS TO PRIVATE
BUSINESSES FOR THE PHYSICALLY DISABLED. (SECOND CONSIDER.
ATION)
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Comment: At its July 18, 1994, meeting, the Board of Appeals recom-
mended the City Council adopt this amendment to the Uniform Building
Code in order to provide greater flexibility in attaining accessibility for the
physically disabled to existing buildings. Each such proposal would require
individual review and approval by City Council. The Board of Appeals
requests expedited consideration.
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ITEM NO. 31 .
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#30 page 1
Horow/ (#30) Moved by KUbby, seconded by Pigott (waive second
consideration and ordinance be voted on for final passage)
Discussion. Roll call-(Yes}
Moved by Kubby, seconded by Pigott (pass and adopt). Any
discussion.
KUbby/ At the Board of Appeals meeting people came and talked about
how it is seemingly a cumbersome process for someone to go
through getting permission to actually intrude into the public
r.o.w. for this purpose. And I was wondering if there was a
way we could streamline it to make it possible or is that the
streamlined version.
Nov/ I think that is the streamline.
Gentry/ My memo is the streamline version. You go to the Public
Works Director, he comes to me, we put it on the council
agenda and you approve it or don't approve it.
Kubby/ The issue of-it says it is a temporary use. If I am a
business owner, I get this use granted, I leave my place of
business and a new business comes in, that the ramp can stay
there until it is reapproved for the new business or
modification. So the ramp doesn't have to be deconstructed
and then the new user comes in and has to reconstruct it. Can
that be-we are not tearing down ramps and then two months
later putting in ramps.
Gentry/ The common law for the use of public r.o.w. doesn't require
that maginations you just described. Maybe out of the UBC but
it is certainly not out of common law.
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Kubby / Can we check on this. It is on the July 18 Board of
Appeals, page 2. Would you look at that.
Nov/ I just picked that up from Linda's memo. I don't know where
the Board of Appeals got it.
KUbby/ Can we make sure that everybody is working with the same set
of information.
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Kubby/ Thank you.
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discussion. Roll call-(yes).
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City of Iowa City
MEMORANDUM
DATE: August 26, 1994
TO: City Council
FROM: City Manager
RE: Work Session Agenda and Meeting Schedule
August 29, 1994 Monday
6:30 P.M. - City Council Work Session - Council Chambers
TIMES APPROXIMATE
6:30 P.M. - Review zoning matters
6:50,P.M. - Near South Side
7:30 P.M. - Downtown Transportation Committee Summary Report
7:40 P.M. - Melrose West Street Improvements
8:00 P.M. - Traffic Control Update
8:05 P.M. - Council agenda, Council time, Council committee reports
8:10 P.M. - Consider appointments to the Committee on Community
Needs and Riverfront and Natural Areas Commission
August 30, 1994 Tuesday
7:30 P.M. - Regular City Council Meeting - Council Chambers
, I
CD
August 31, 1994
7:00 P.M. -
Wednesday
City Council Work Session - Council Chambers
Discuss Northeast Iowa City Planning Issues and
Planned Development Ordinance/Woodlands Conservation
with Planning and Zoning Commission
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September 5, 1994
LABOR DAY - CITY OFFICES CLOSED
Monday
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September 12, 1994 Monday
6:30 P.M. - City Council Work Session - Council Chambers
September 13, 1994 Tuesday
7:30 P.M. - Regular City Council Meeting - Council Chambers
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PENDING LIST
Appointments to the Design Review Committee - September 13, 1994
.
Appointments to the Riverfront and Natural Areas Commission - October 11, 1994
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