HomeMy WebLinkAbout1994-12-20 Agenda
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IOWA CITY CITY COUNCIL .
AGENDA
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REGULA~COUNCIL MEETING OF DECEMBER 20,1994
7:30 P.M.
COUNCIL CHAMBERS, CIVIC CENTER
410 EAST WASHINGTON
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AGENDA
IOWA CITY CITY COUNCIL
REGULAR COUNCIL MEETING. DECEMBER 20.1994
1':30~.M.
, COUNCIL CHAMBERS
ITEM NO.1. CALL TO ORDER.
ROLL CALL.
ITEM NO.2. SPECIAL PRESENTATIONS.
a. Presentation of Citizenship Awards to the following students of
Longfellow Elementary School:
(1) T. Will Hobart
(2) Anna Kudsk
(3) Annie Nolan
(4) Chris Renk
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ITEM NO.3. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR
AMENDED.
a. Approval of Official Actions of the regular meeting of December 6,
1994, as published, subject to corrections, as recommended by the City
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b. Minutes of Boards and Commissions.
C' (1) Planning and Zoning Commission meeting of December 1, 1994.
,.!~~') (2) Board of Appeals meeting of September 12, 1994.
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\ (3) Broadband Telecommunications Commission meeting of November
d 28, 1994.
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(4) Airport Commission meeting of November 8, 1994.
~ (5) Design Review Committee meeting of December 12, 1994.
c. Permit Motions and Resolutions as Recommended by the City Clerk.
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(11 Consider a motion approving a Class "C" Liquor License for
Gabe's, Inc., dba Gabe's, 330 E. Washington St. (Renewall,
(2) Consider a motion approving an Outdoor Service Area for Gabe's,
Inc., dba Gabe's, 330 E. Washington St. (Renewall
(3) Consider a motion approving a Special Class "C" Liquor License for
Pizza Hut of America, Inc., dba Pizza Hut #402041, 127 Iowa
Ave. (Renewall
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#2 page 1
ITID{ NO. 2 - SPECIAL PRESENTATIONS.
a. Presentation of Citizenship Awards to the following
students of Longfellow Elementary School:
Horowl These young citizens have been nominated by their teachers
for recognition throughout the city. T. Will Hobart is, as his
teacher Nell Jackson says, is full of enthusiasm for learning
and the rest of life. He brightens any group with his wit and
humor, cares deeply about how we ought to treat one another
and quietly champions the cause of justice in the way he
treats others. He has served on student council and safety
patrol, volunteered to be a special buddy for younger special
needs student once a week, and Mrs. Jackson's students who
have special needs and many students who willingly help her
meet those needs. But Will is a true friend to every student.
he genuinely does not understand discrimination of any kind.
Annie Nolan, Annie is a fifth grader in Ms. King's room at
Longfellow. She is both an academic and social leader for
classroom and school and she has set high expectations for
herself academically and works very hard to achieve them. She
is president of the Longfellow student council, a safety
patrol member and plays percussion in the band. And Ms. Kings
say Annie sense of humor and genuine love of life is very
contagious. That is necessary in this life.
Chris Renk. Chris has taken the role of motivator in this
classroom and he enters all activities in an enthusiastic
energetic manner. He is one of the students that is open to
suggestions of others but voices his opinion on different
matters when opposed. he then comes to a compromise with the
people he works with to incorporate ideas by all. He is
involved in student council, PALS, and the band. Chris, what
is the PAL? And what does that stand for?
Chrisl Peer Assistance. It solves problems on the playground during
recess between-conflict manager association.
Horowl We could even use that here on council sometimes.
Congratulations. Thank you very much. Would you like to say
something? If you would, get down to the mic right here.
Chris Renkl I would like to thank my teacher, Joseph Winston. He is
a very good motivator and keeps me on my toes.
Horowl Thank you very much.
ThIs represents only e reasonablv accurate transcription of tha Iowa City council meetIng of Dacember 20, 1994.
F122094
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Agenda
Iowa City City Council
Regular Council Meeting
December 20, 1994
Page 2
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(4) Consider a motion approving a Special Class "C" Liquor LIcense for
Mustang Enterprises, Inc., dba Country Kitchen of Iowa City, 1402
Gilbert Street. (New)
(5) Consider a resolution issuing dancing permit to Gabe'~, 330 E.
Washington.
d. Motions.
(1) CONSIDER A MOTION TO APPROVE DISBURSEMENTS IN THE
AMOUNT OF $11,149,320.61 FOR THE PERIOD OF NOVEMBER
1 THROUGH NOVEMBER 30, 1994, AS RECOMMENDED BY THE
FINANCE DIRECTOR SUBJECT TO AUDIT.
e. Resolutions.
9'-/-- ~~l (1 ) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST TWO (2) SANITARY SEWER
EASEMENT AGREEMENTS RELATIVE TO THE SANITARY SEWER
CONSTRUCTED FOR 753 W. BENTON STREET.
Comment: Pursuant to Section 14-5H-2 of the City Code of the Q
City of Iowa City, Iowa, Tom Lepic submitted a site plan for the
construction of a 12-unit apartment building addressed 753 W.
Benton Street. City staff approved the site plan subject to Lepic
and the adjacent property owner entering into sanitary sewer
easement agreements with the City of Iowa City. The Resolution
authorizes the execution of the necessary easement agreements.
; ~.L(-- 3u,2.. (2) CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE
( SANITARY SEWER IMPROVEMENTS FOR 753 W. BENTON
r'" STREET.
\ Comment: See Engineer's Report. ,I'
y;'j (3) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
If' qJ./-- :,/p~ AND THE CITY CLERK TO ATTEST A CIVIL DEFENSE WARNING
SIREN EASEMENT AGREEMENT FOR WILD PRAIRIE ESTATES,
I . PART ONE.
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Comment: Pursuant to the Local Emergency Management Plan, a
civil defense warning siren shall be established in Part One of the
Wild Prairie Estates Subdivision. Placement of the warning siren
within the ~ublic right-of-way along Goldenrod Drive may have a
detrimental effect on the sale of adjoining lots. Upon recommenda-
tion by the Division of Engineering, the developer, the local
emergency management coordinator, the local utility franchises
and the City have agreed to place the civil defense warning siren
within the existing utility easement along Rohret Road upon the
grant of an easement to the City for such purpose. This Resolu-
tion authorizes the execution of the necessary Easement Agree-
ment to allow installation of a civil defense warning siren outside
of the public right-of-way and within the existing utility easement
area.
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Agenda
Iowa City City Council
Regular Council Meeting
December 20, 1994
Page 3
q4-- 3101.\
(4) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN RE-
GARDING A PROMISSORY NOTE FOR PROPERTY LOCATED AT
321 E. FIRST STREET, IOWA CITY. IOWA.
Comment: The owner of the property located at 321 E. First
Street, received rehabilitation assistance through CDBG funds on
September 30, 1987. The financing was in the form of a Promis-
sory Note for $13,000. The loan was paid off on November 1,
1993, thus the lien can now be released.
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(5) CONSIDER A RESOLUTION TO AUTHORIZE THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST THE RELEASE OF LIENS RE-
GARDING PROMISSORY NOTES EXECUTED FOR PROPERTY
LOCATED AT 847 RUNDELL STREET, IOWA CITY. IOWA.
Comment: The owner of the property located at 847 Rundell
Street, received assistance through the City's CDBG program on
June 17, 1988. The rehabilitation staff was notified by the law
firm of Douglas V. Olson of the death of the owner. The rehabili-
tation assistance was in the form of a Ten Year Depreciating Lien
for $11,000 that would be forgiven upon the owner's death and
a Life Lien for $11,000. Because the owner passed away on
February 7, 1994, the Ten Year Depreciating Lien can now be
released. The Life Lien for $11,000 is being refinanced by a
relative and thus should also be released.
f. Correspondence.
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(1) Letter from Joan Vanden Berg expressing appreciation for City
Council's support during her tenure as Director of Neighborhood
Centers.
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(2) Letter from Barbara and Steve van der Woude encouraging
Council's support for the change in zoning for the Bloomington
Street area.
(31 Letters regarding the proposed water treatment plant from:
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(a) Margaret and Chuck Felling
(b) Edwin Barker
(c) Jim Barker (A petition with 126 signatures attached.
Signatures are on file in the City Clerk's Office.)
ld) Chamber of Commerce.
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END OF CONSENT CALENDAR
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#3 page 1
ITEM NO. 3 - CONSIDER ADOPTION OF THE CONSENT CALENDAR AS
PRESENTED OR AMENDED.
Horow/ Moved by Nov, seconded by Throg. Discussion. Roll call-
(yes) The end of the Consent Calendar. One of the pieces of
correspondence on the, Consent Calendar was a letter we
received from Joan Vanderberg expressing appreciation for city
council support during her tenure as Director of Neighborhood
Centers. We have appreciated that very much from Joan.
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ThIs represents only a reasonably accurate trenscrlptlon of the Iowa City council meetIng of December 20,1994.
F122094
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Agenda
Iowa City City Council
Regular Council Meeting
December 20, 1994
Page 4
ITEM NO.4. PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA).
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ITEM NO.5- PLANNING AND ZONING MATTERS.
a. Consider setting a public hearing for January 3, 1995, on a resolution
to annex an 80 acre tract of land, known as the laR€loRl3efg ,tract,
located southeast of Sycamore Street and ea\t of the Pleasant Valley
Golf Course. (ANN94-0007l ~)
Comment: At its December 1, 1994, meeting, the Planning and Zoning
Commission, by a vote of 5-1, with Dierks voting no, recommended
approval of the City of Iowa City and Robert and Erma Wolf request to
annex an approximate 80 acre parcel, known as the Langenberg tract,
located southeast of Sycamore Street and east of the Pleasant Valley
Golf Course. The Commission's recommendation is consistent with the
staff recommendation.
Action: ~~J ~
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b. Consider setting a public hearing for January 3, 1995, on an ordinance
amending the Zoning Chapter by changing the use regulations of an 80
acre tract of land, known as the lan€lenberg tract, located southeast of
Sycamore Street and east of the Pleasant Valley Golf Course from
County RS, Suburban Residential, to RF8~, Factory Built Housing
Residential. (REZ94-0012) ~)
Comment: At its December 1, 1994, meeting, the Planning and Zoning
Commission, by a vote of 5-1, with Dierks voting no, recommended
approval of an application submitted by the City of Iowa City and Robert
and Erma Wolf to rezone an approximate 80 acre parcel, known as the
Langenberg tract, located southeast of Sycamore Street and east of
, Pleasant Valley Golf Course from, County RS to RFBH, subject to ten
conditions. The Commission's recommendation is consistent with the
staff recommendation.
Action:
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#4 page 1
ITEM NO. 4 - PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA).
Horow/ Any issue that you wish to address council about that is not
on the agenda. Please sign in, state your name and I will ask
you to keep your comments to five minutes.
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John Nesbitt/ And I want to talk about the water upgrade forum. I
want to thank Ms. Horow. and Mr. Pigott for being on a forum
on Sunday. I would like to thank other members of the council
that I might have talked to individually and so forth. We are
coming up with 13 questions and issues for the Iowa City city
council about the water upgrade, comprehensive plan, urban
policies and restructuring of Iowa city governance. (reads
December 23, 1994 FCC Water Forum Nesbitt Newsletter). Thank
you.
Horow/ Thank you, John. I appreciate University Heights input. is
there anyone else that would care to address council.
carolyn Dieterle/ I read the insert that was in the Press citizen
over the last weekend regarding the water plant and I was
dismayed to find that one of my suspicions was apparently
proven to be correct. Namely that the water will have a pH of
8-9. Now even at 8 that is much too alkaline and I am
surprised that the entire group of gardeners in all of Project
Green and everybody else isn't down here complaining about
that because if you don't understand the chemistry of pH then
you ought to talk to somebody who does. There is a vast vast
difference between the pH of 7 and pH of 8 and pH of 9. Huge
difference. And the reason why it makes such a different is
because the solubilities of the various chemicals in the water
change depending upon the pH. That is why you can't water
plants reliably with water that is over much above 7.5. There
are lots of things that will not grow in a pH over 7. The
numbers of things that will grow to pH of 8 are very few and
I don't know of anything that will grow at pH 9 that lives
around here. In an alkaline desert maybe. This is not a factor
of one between this. pH is a short hand for a much more
complicated chemical principle. And there hasn't been any
discussion about this but basically it is this issue, I think,
that finally defeated the water softening initiative that was
put before the council in the late 60's because people did not
want it. Plumbers were down here testifying about what it
would do to the accumulated secretions in people's pipes.
Knocking stuff loose, causing people to have problems with
their appliances, their water heaters and what not and people
complaining that they wouldn't be able to water the greenhouse
This represents only e reasonably accurate transcription of tho Iowa City council meeting of Decamber 20, 1994.
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#4 page 2
at the University anymore. People in the Chemistry Department
saying how much more it would cost them to treat their water
for what they were using there. And mostly they used
distilled. But anybody that uses tap water was concerned about
this pH problem. So I would urge you to reconsider the fact
that you are softening this water. This is-you are opening a
huge can of worms here. Howard R. Green, you know, is-I don't
know, I suppose they are living in the 50s and most other
people are who are in a decision making capacity. We aren't
taking enough advantage of the younger people that are here in
town in the University. I think that there are people, you
know, that are out there that can design a plant that could do
the job without having to soften this water. For example,
supposing that you bought all of the land, you know, that we
are now targeted to buy. That is even Mr. Meardon's land as
well. And pay somebody to plant a wetland and concentrate on
putting plants in there that have roots that go down at least
six feet like river birch, willows, cottonwoods, poplars. You
may remember that there are people now working on the whole
question of how many contaminants these trees remove. At the
very least they would take out nitrates and if you drilled all
alluvial wells instead of tapping into the aquifers and also
had a storage capacity when the river flow was low, it seems
to me that you could get away from having to soften water
because the river water along is far less hard than the water
that comes out of the aquifer. So if you used all alluvial
wells, you would have no softening to do and if you put these
wells in such a way that the water would go through. It would
make it deep enough so that the water would have to percolate
through the river bottom. Most of the heavy metals and some of
the other things would be deposited in the sediments.
Horow/ Carolyn, five minutes.
Dieterle/ I am sorry. But please reconsider this. Don't soften the
water to this extent. And remember that your plant, I guess,
is half the cost of the water plant is the softening.
pigott/ Thanks, Carolyn.
Horow/ Thanks, carolyn.
John Rummelhart/ Good evening everyone. First question I have for
everyone tonight in reference to the water plant, looking at
the article in the paper. Next step for the city, acquisition
of the sand and gravel aquifers beneath this peninsula area
south of 1-80. I think this is Mr. Meardon's property. I am
This represents only a reasonably accurate transcription of the Iowa City council meotlng of December 20, 1994.
F122094
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#4 page 3
just curious how much in the budget has that been budgeted
for? Are you getting easements for that? Is it an outright
purchase for the entire parcel? Where does that stand right
now?
Atkins/ We are negotiating with Mr. Meardon right now, John. And we
are not in a position to tell you exactly where it is. The
intent right now is an easement.
Rummelhartl I appreciate that. Was this budgeted in the land
acquisition costs for the plant?
Atkins/ Yes, it is all part of the project.
Rummelhart/ What was that figure?
Atkins/ I don't know.
Rummelhart/ Okay. Urn, I am concerned about what that figure is just
like I was in the original purchase on the Butler Farm.
Another thought concerning the water plant. The engineers
involved, I am curious if Howard R. Green did the follow up
work on the sewer project that the stanley Consultants did?
Did they do the follow up or review?
Atkins/ I am sorry, John, what do you mean?
Kubby/ The value engineering?
Rummelhartl What do you have Stanley Engineering doing right now?
Horowl Value engineering for the water plant and wastewater.
Atkins/ Two projects.
R~mmelhart/ Okay. Is Stanley reviewing Howard R. Green's work?
Atkinsl Yes.
Rummelhart. Okay. In the past has Howard R. Green reviewed
Stanley'.s work?
Atkins/ I couldn't tell you, John. I would have to ask them. Not in
relationship with the city?
Rummelhart/ Does Stanley Consultants currently have any contracts
with the city?
This ropresents only a reasonably accurate transcription of the Iowa City council moetlng of Dacember 20, 1994.
F122094
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Atkins/ Yes, wastewater treatment plant.
Rummelhart/ Okay. Just a concern, again, the type of arrangement
that are best for the citizens of Iowa city. Having people
currently working with the city are going to be a little hard
pressed to criticize, possibly a little bit more reluctant to
tell you how it is and what their true feelings are. I don't
know if that has been considered. If not, I would like all of
you to keep that in mind. And also, considering that, it is
sad to me. We talk about Iowa city and encouraging Iowa city.
We have got some great engineering firms here, I think, that
could have handled these projects. Maybe that was looked into.
I don't know why none of them are involved in any of this. We
are talking millions of dollars going to Muscatine, millions
of dollars going to Cedar Rapids and it is ridiculous. We talk
about it and we never do anything. That saddens me. One other
item concerning the water plant. I was curious how initially
Washington Park, Inc.was approached on the initial purchase of
their property?
Atkins/ We had a meeting with Mr. Glasgow and Mr. Boyd and Mr.
Cruise, Chuck Schmadeke, and I met informally to discuss the
initiation of the process.
Rummelhart/ Before they were served the condemnation?
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Rummelhart/ That is great. I appreciate that approach and that
policy is what we want. One last question, getting back to a
deal that is already done. I know that it is kind of an inside
deal. It sickens me yet on impact fees. The parking impact
fee. I would like to know, just one more time, I am still
trying to get in my head, what the rationale for the impact
fee is because the amendment that I have read over and over
and over again doesn1t make any sense. Can somebody give me
some rationale?
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Horow/ We are talking about the impact of all the businesses in
that area-court, Burlington, clinton, Gilbert. The parking for
those businesses in that area that that will have. That is
what the impact fee meets. And so the money that will be
coming from that fee will be going to alleviating parking. In
other words, towards a ramp.
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Atkins/ May I comment? Excuse me, John. Karin is preparing a
summary memo of the kind of things that you are talking about,
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John, and I am assuming that will be prepared in the next week
or so and be made available. Hopefully that will give you sort
of a shortened version of it. Okay?
Rummelhart/ I still- I would just like to say I am still scratching
my head anyway. I am sad no one else is. That in encouraging
development for the area, as it stands for a particular piece
of ground, we can put 50% of your parking on it but you have
to pay 75% parking impact fee. It saddens me that if a
particular individual can satisfy the parking, again, on site,
decrease the congestion, save valuable developable space, that
the city is going to have to snarf, take out of the tax base
to build a profit money machine parking ramp to start with. It
just totally totally in the wrong direction and I cannot
believe that it came down the way it did outside of some
politics. And we will be touching base on this again down the
road. I don't know how far down. It will be brought back up.
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Horow/ Thank you very much.
Kubby/ There are two things I want to say. One is in terms of the
value engineering. That if we employ someone to help us find
a more efficient way to do something and they don't at least
make their payment to us in savings on the plant, we will
never use them again for value engineering. So there is a
motivation inherent in the process for them to help us find-
These are your goals, this is how one consultant said you can
meet those goals, here is a different way to meet those same
goals.
Rummelhart/ That is great.
Kubby/ I mean that is what the whole process is about.
Rummelhart/ Glad to hear it. Didn't know.
Kubby/ The other thing is and this hasn't been talked about very
much in public but council, in the past, has talked about
having some kind of agreement when these projects are built
for the water and sewer plant, to use local labor so that
wages are floating out into other counties and other-
Rummelhart/ That is great is that is considered. On the plant, I
know we need the water. Everybody knows we need the ~later.
Work your hardest on keeping the price of that whole project
down.
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Horow/ Thanks for your support, John. 'Anybody else care to address
council?
Jim Glasgow/ I would like to know on the second site for alluvial
well CW-3 and CW-4 how much ground you are planning to take
and how much it cost you plan to incur?
Horow/ You want to know that right now?
Kubby/ That was just asked.
Atkins/ We are in the midst of negotiations and I am not at liberty
to discuss that.
Glasgow/ All right, sorry I got here' a little late. Tile second
question I had was concerning the Howard Green contract that
was for $88,000 to review the sites north of the Iowa City
area. It calls for two sites to be selected and I only see one
site selected. I would like to know if there was a second site
selected?
Atkins/ Yes.
Glasgow/ And what was that site?
Atkins/ I would have to look it up. They had several sites for us.
Horow/ It would have been helpful, Jim, if you had sent these
specific questions in. We could have given you an answer. We
don't have this material right at our fingertips now. I
appreciate the questions but-
Glasgow/ Let me just give you the contract real quick here.
Horow/ What is the point?
Glasgow/ Well, I think-The contract called for two sites and both
of them were suppose to be costed out and analyzed and I have
never seen the cost on the other one or even heard about where
the other one was. I mean, I know steve is saying there was
one. I guess I would like to know what is was and what the
cost was. Is it that hard to remember?
Atkins/ Jim, I don't have those contracts'memorized.
Horow/ Got a lot of (can't hear) at that time. You can call and
find out about it.
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F122094
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Kubby/ You should know by now that our staff is really accessible.
if there is a question like that.
Nov/ And the Green report is also accessible. The report from H. R.
Green is available.
Glasgow/ I have read every report from Howard R. Green and I have
not seen a cost analysis of any other site. '
Horow/ Well, you are certainly free to go and ask Mr. Schmadeke on
this. Asking us right now, you know that we don't have this
information in front of us.
Glasgow/ But you don't even have any recollection of a second site
or how much it costs?
Horow/ Jim, there has been a lot of territory covered at that time.
No.
Glasgow/ Okay. Thank you.
Horow/ You're welcome. Anybody else care to address council? Okay.
Public discussion over with.
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#5a page 1
ITEM NO. Sa. Consider setting a public hearing for January 3,
1995, on a resolution to annex an 80 acre tract of
land, known as the Langenberg tract, located
southeast of Sycamore Street and east of the
Pleasant Valley Golf Course. (ANN94-0007)
Horow/ Moved by Nov, seconded by Lehman. Any discussion. For
purposes of explanation, I have referred to this as Greenview.
This has been known as the Langenberg Tract but we have chosen
to use the word Greenview.
Kubby/ I did want to bring something else up and I am sorry I don't
bring it up last night. It was like one of the most important
points I wanted to make last night and there was a flurry of
discussion and I didn't ask for it. What I want to ask from
council is that I would feel most comfortable if we had an
agreement with the Wolfs clarified and signed as part of the
conditional zoning agreement. So that we are real clear about
what the project is upon rezoning. Or I would even be
satisfied with some wording in an additional condition on the
zoning that we come to a satisfactory agreement.
Horow/ Karin, will you address this?
Franklinl We intend to enter into a contract with the Wolfs and if
the council would like, we could get that contract completed
before you do your final reading on the rezoning. One of the
things we were attempting to accomplish last night was to
determine where the council was and what you wanted. We have
some work to do now before your meeting on January 2. Our goal
is to move closer to a contract as we have each of these
discussions. So I don't think that is inconsistent with what
you would like.
Throg/ I think it is a good idea.
KUbby/ Thanks.
Horow/ Got anything else.
Kubby/ The other think I want you to think about is, we talked last
night about the ratio of subsidized pads and non subsidized
pads and I am always going to wish that we could 'get a few
more and because we haven't seen any numbers as to what is the
most number of pads out of 350 that can be subsidized in order
to make the project still economically viable for our partner.
I don't know is 116 is already that number or not. I guess I
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would like more information on how that number was arrived at
and how flexible that is before January 2.
Horow/ Fine. Further discussion? All those in favor signify by
saying aye (ayes). okay.
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Agenda
Iowa City City Council
Regular Council Meeting
December 20, 1994
Page 5
c. Consider setting a public hearing for January 3, 1995, on an ordinance
amending the Zoning Chapter by changing the use regulations of 61 .96
acres of land located south of Whispering Prairie Drive from RS-8,
Medium Density Single-Family Residential, to RFBH, Factory Built
Housing Residential. (REZ94-0014)
,
Comment: At its December 1, 1994, meeting, the Planning and Zoning ,
Commission, by a vote of ff' with Starr voting in the afrilll.lti'.'O~
recommended denial of a{ application submitted by Lake Calvin
Properties for a rezoning from RS-8 to RFBH, subject to four conditions.
The Commission's recommendation is inconsistent with the staff
recommendation. In a letter dated December 2, 1994, the applicant
requested Council consideration of this item recommended for denial by
the Planning and Zoning Commission.
Action:
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d. Consider setting a public hearing for January 3, 1995, on an ordinance
amending Zoning Chapter Article N., Off-Street Parking Requiremef1ts,
Section 14-6N-1 B 1 specifying construction materials for required hard-
surface parking areas.
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Comment: At its December 1, 1994, meeting, the Planning and Zoning
Commission by a vote of 4-2, with Scott and Jakobsen voting no,
recommended approval of a text amendment to Zoning Chapter Article
N., Off-Street Parking Requirements, Section 14-6N-1 B1 requiring hard-
surfaced parking areas to be constructed of asphaltic cement concrete,
Portland cement concrete, or manufactured paving materials, such as
brick, unless otherwise exempted, or authorized by the City Building
Official to use other materials. The Commission's recommendation is
generally consistent with the staff recommendation.
Action: I..~~/l(~
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e. Consider setting a public hearing for January 3, 1995, on an ordinance
amending Zoning Chapter Section 14.6E-6C1 to clarify the density
requirement for dwelling units in the CB.2, Central Business zone.
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Comment: At its December 1, 1994, meeting, the Planning and Zoning
Commission, by a vote of 6-0, recommended approval of a text
amendment to Zoning Chapter Section 14.6E-6C1 to specify the
requirement of a minimum lot area of 875 square feet per dwelling unit
in the CB.2 zone. The Commission's recommendation is consistent with
the staff recommendation.
Action: ~A/'1IJ 1Jj$f
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Agenda
Iowa City City Council
Regular Council Meeting
December 20, 1994
Page 6
f. Public hearing on an ordinance to vacate a portion of Waterfront Drive
located south of Highway 6 and west of the CRANDIC Railroad right-of-
way. (VAC94-0007)
Comment: At its November 17, 1994, meeting, the Planning and Zoning
Commission, by a vote of 6-0, recommended approval of V AC94-0007,
a City-initiated proposal to vacate a portion of Waterfront Drive located
south of Highway 6 and west of the CRANDIC Railroad right-of-way,
subject to retention of utility easements over the entire vacated right-of-
way, and the said vacation taking effect at such time as Stevens Drive
and Waterfront Drive are reconstructed. The Commission's recommen-
dation is consistent with the staff recommendation contained in the staff
report dated November 17, 1994.
Action:
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g. Consider an amendment to the Zoning Ordinance changing the use
regulations of RM-12 zoned properties located generally along Fairchild
and Davenport Streets between Dubuque Street and Dodge Street, and
in the 200 block along Bloomington Street from RM-12, Low Density
Multi-Family Residential to RNC-12, Neighborhood Conservation
Residential. (REZ94-00151 (Second consideration)
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Comment: At its November 3, 1994, meeting, the Planning and Zoning
Commission, by a vote of 4-0, recommended approval of rezoning an
area located generally along Fairchild and Davenport Streets between
Dubuque Street and Dodge Street, and in the 200 block along 8100ming-
ton Street, excepting RM-44 zoned properties, along Dubuque Street,
from RM-12 to RNC-12. The Commission's recommendation is
consistent with the staff recommendation. Comments were received
from the public at the December 6, 1994, public hearing on this item.
Action:~/1j fWJ.{i ~c1{~ ~
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h. Consider an amendment to City Code Section 14-6E-7, to regulate the
location of parking spaces in the Central Business Support Zone (CB-5).
(Pass and adopt)
Comment: At its October 20, 1994, meeting, the Planning and Zoning
Commission, by a vote of 6-0, recommended amendments to the Zoning
Ordinance to prohibit access to parking areas from the street in the CB-5
zone, and to require that at least 50 percent of the ground floor area be
used for commercial use. No comments were received from the public
at the November 22, 1994, public hearing on this item.
Action: 7Ju11- / ~ f q.. tV
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ITEM NO. 5f. Public hearing on an ordinance to vacate a portion
of Waterfront Drive located south of Highway 6 and
west of the CRANDIC Railroad right-of-way. (VAC94-
0007)
Horow / I declare the p. h. open. I would like you to address
council, sign in, state your name, and limit your comments to
no more than five minutes.
John Rummelhart/ Hello, again.
KUbby/ Should we vacate or not?
Rummelhart/ I think that I am curious. I think I have a question
concerning vacation. I think the traffic patterns that have
been discussed are definitely in the right direction. In
talking to Bob Miklo, maybe Karin can shed some light on this.
I didn't even know it was up tonight. But I know it is going
to be a temporary closure at first and I am wondering if it is
a wait and see or if it is definitely a finalized closure as
you vote on it here in this session and the next session. If
it is a matter of time when it is closed or if it is going to
be closed off and see how the traffic works?
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Horow/ I don't think so. Karin, do you want to address this?
Franklin/ The idea is to vacate it with the intention of vacating
it permanently. However, we will retain ownership of the
property as we discussed last night to determine how this
works. If it creates major problems then we can reconsider
opening it back up. But the intention at this point is to
vacate it permanently to deal with the problem at Waterfront
and Gilbert street.
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Kubby/ So if it does work as we hoped we could sell that land to
adjoining property owners with easements for the utility?
Franklin/ That is right. To insure that there is adequate access
and utility easements.
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Kubby/ And if it didn1t work out we have to unvacate it?
Franklin/ You would reestablish it as public r.o.w.
Kubby/ Rededicate.
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Karin. John, does that answer your question?
Rurnrnelhartl Yeah, I think it does and I think it will work. It
should ~olve the problem.
Pigottl Great. Thanks, John.
Horow I . Anyone else care to' address council? Declare the p. h.
closed.
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ITEM NO. 5h. Consider an amendment to City Code section 14-6E-7,
to regulate the location of parking spaces in the
Central Business Support Zone (CB-5), (Pass and
adopt)
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Horow/ Moved by Throg, seconded by Kubby. Any discussion.
Kubby/ This term ground floor continues to bother me. It is really
50% of the lot, correct? Karin-
Franklin/ It is 50% of the lot. The focus is on the street level.
So ground floor is really not the property-
KUbby/ 50% of the surface of the ground.
Franklin/ We are concerned about the building as it faces the
street and how that space is consumed.
Horow/ Okay, any other discussion?
Lehman/ The ground floor really is right. If the street level-if
the lot falls off, it still means that level.
Franklin/ Ground floor by the zoning ordinance is not always what
you think it was because if there is a change in grade there
is a calculation that you go through to determine what the
ground floor is. Sometimes it appears as if it is the second
floor and not the street level floor because of how much the
building might be out of the ground or not.
Kubby/ Okay. You have a square of land, a perfect square.
Franklin/ 50% of that lot area, 50% of the lot flat, that is the
street level. It is also the ground floor. 50% is in
commercial, 50% may be in parking.
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Kubby/ Thank you very much.
Franklin/ You are welcome.
Horow/ Roll call-Amendment passes, 6-1, Lehman voting no.
This represents onlv ereosonobly accurate transcrIption of the Iowa City council meotlng of Dacembor 20.1994.
F122094
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Agenda
Iowa City City Council
Regular Council Meeting
December 20, 1994
Page 7
94- ~ %l<>
i. Consider a resolution certifying to the State TreasiJrer of Iowa the actual
population of annexed territory generally known as the South Waste-
water Treatment Plant, located south of the southern corporate limits.
Comment: As required by the Iowa Code, this resolution certifies the
population of the South Wastewater Treatment Plan site. The popula-
tion of the 166 acre tract of land, which was annexed into Iowa City via
Resolution No. 94-310, is zero.
Action:
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ITEM NO.6- PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND
ESTIMATE OF COST FOR CONSTRUCTION OF THE IOWA RIVER FLOOD
REPAIRS PROJECT.
Comment: This project involves the installation of rip rap and the planting of I'
trees on eroded Iowa River banks located adjacent to Crandic Park, City Park, Q.
Terrell Mill Park, Rocky Shore Drive and North Qubuque Street; repairs to the
emergency spillway of the Iowa River Power Dam; sediment removal from
drainage structures and grading of drainageways. The estimated cost of
construction is $525,000. This project will be funded in part by the Soil
Conservation Service ($427,000) and the Federal Emergency Management
Agency ($47,000). The City's portion of the cost will be funded with
General Funds.
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ITEM NO.7-
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CONSIDER A RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM
OF CONTRACT AND ESTIMATE OF COST FOR CONSTRUCTION OF THE
IOWA RIVER FLOOD REPAIRS PROJECT, ESTABLISHING AMOUNT OF BID
SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO
PUBLISH ADVERTISEMENT FOR BIDS AND FIXING TIME AND PLACE FOR
RECEIPT OF BIDS AT 10:30 A.M., ON JANUARY 10,1995.
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Comment: See Comment above.
Action:
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ITEM NO. 6 - PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT AND ESTIMATE OF COST FOR CONSTRUCTION OF
THE IOWA RIVER FLOOD REPAIRS PROJECT.
Horow/ Declare the p.h. open~ I would ask you to sign in, state
your name, address council and keep your comments to about
five minutes.
Kubby/ Can we have the presentation during the p.h.?
Horow/ Sure. If you need more than five minutes, that is fine.
Kubby/ Can you show us pictures and what the plan is for how to
deal with (can't hear)?
Denny Gannon/ This is a typical detail-Denny Gannon, Assistant city
engineer. This is a typical detail of one of the sites, city
Park site, which shows the- Okay, this shows the placement of
the rip rap. This would be placement of the water level, blue.
The grading of the bank which is roughly, the rip rap would be
roughly two feet belo~l the top of the bank and then the
seeding and the geotextile netting which is anchored by the
top part of the rip rap becoming back to the top of the bank
and then a minimum of four feet off of the bank"
Kubby / Combination of rock holding the river bank up and then
vegetative grasses basically holding the river bank.
Gannon! That is right. In this area back here we will be planting
some trees also. species were picked out by Terry Robinson.
Horo\~ / Okay.
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that we have talked about in the resolution?
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Gannon! That is correct.
Lehman! Is this both sides of the river all along?
Gannon! This would be city Park, not the entire city park. There is
a piece north of Park Road that we didn't get funds for. But
it would take it about where the boat dock is, somewhere
there, all the way to the west limit of the park. And th~n
most of Terrill Mill Park which is across the river. And then
you have got some parts of North Dubuque Street which is
across from city Park that eroded. And you have got some
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Crandic Park, pretty much all of that. We are doing that which
is pretty badly eroded.
Horow/ Do we have to fill in any of this are or are we taking it
right back to where the erosion is?
Gannon/ This line here is the line of the channel. We are going to
have to dig out some of the channel to set that rip rap in, to
toe it in. And then some of that has eroded back and we are
going to be putting some to try to reestablish the bank and we
are going to try to balance any grading. Any dirt we take out
we will try to balance it by putting it back by establishing
it back.
Kubby/ I am really glad that consultants in our engineering
department was willing to look at using some bioengineering
for this project. I think it is going to help a lot with the
esthetics. And, I mean actually in some sense, the minute you
start putting the rip rap in it is going to start falling
apart just because that is what happens. But with the grasses
it is just going to continue to get better. The roots will get
more established and is something that will continually
improve.
Gannon/ We will be putting the grass seed down with fertilizer and
then be putting geotextile netting down and then that netting
also has a mulch with it.
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Gannon/ I am not sure. I got John Huss here from our consulting
firm, Shive-Hattery, and maybe he can answer that.
Horow / Because I keep thinking of the area around Crandic Park
which really gets the brunt of the force of that river.
John Huss/ I am with Shive-Hattery Engineers and Architects. The
longevity or what life span you would expect from the rip rap
is really going to be dependent upon the amount of flooding
that you have.
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CHANGE TAPE TO REEL 94-146 SIDE 1
Huss/ That is reinforced with a fiber net, a plastic net. That
netting will stay in place for approximately five years before
it fully degrades and that provides armoring to the top part
of the channel which will protect against the same velocity
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that the rip rap is designed to handle which is in the seven
to eight foot per second range. So you should have the
geotextile netting blanket there for about five years
which should give a very good opportunity for the grass
mixture to get a good firm start.
Horow! But is this something then that one should budget for about
every 5-7 years? '
Huss! That shouldn't be necessary. This should be a repair you
would expect to have a much longer life span from it. If you
could look into your crystal ball and say when we are going to
have another 500 year flood and the type of occurrence that it
did happen in '93. Statistically that shouldn't happen for
many years. Realistically it could happen this summer. There
is no way of really providing the city of any assurance as to
what mother nature will do for us.
Kubby! But in terms of the grasses themselves, they will reseed
themselves?
Huss! Correct, yeah. You should-assuming normal discharges from the
reservoir upstream, semi normal flooding which is top of bank
or slightly outside of that, you should have an embankment
protection that should require very minimal maintenance.
Horow! Thank you. Any other questions? Thank you very much. Anyone
else from the audience care to address council? council, any
other questions? Declare the p.h. closed.
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F122094
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ITEM NO. 7 - CONSIDER A RESOLUTION APPROVING PLANS, SPECIFICA-
TIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR
CONSTRUCTION OF THE IOWA RIVER FLOOD REPAIRS
PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO
ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH
ADVERTISEMENT FOR BIDS AND FIXING TIME AND PLACE
FOR RECEIPT OF BIDS AT 10:30 A.M., ON JANUARY 10,
1995.
Horow/ Moved by Kubby, seconded by Nov. Discussion.
Kubby/ I had brought up last night my hopes that what we do can
blend in and be consistent with what the university does near
the Art Center and near the boat dock because city property
and university property flows into each other and so, I know
that the University doesn't have it figured out what they are
going to do yet. I know they are going to have some
preliminary recommendations on January 4 when their consultant
comes back to town and I know that our engineering staff
consultant has been invited to their meetings in the past.
Larry Wilson said you are continually invited to those. Maybe
get in contact with him. I don't know what time or where. But,
I guess my question is, if what we are doing is slightly
different for the University's, how can we jostle both of our
plans to make a consistent river bank or at least a blending
of the technics from one strategy to another so we don't have
this on and off type of look along the river?
Denny Gannon/ First of all, Karen, there will be about 1000 feet or
so of city Park that will not have any new rip rap 'on it which
is north of Park Road.
KUbby/But you still have this vision of the river and if people
are going canoeing people don't really ,know where the
University of city property starts. It would be nice along the
stretch to have some consistency. I don't know if our
contracts are such that if we wanted to jig a little here, jig
a little there, as long as it doesn't cost more.
Gannon/ Okay, the meeting is January 4 that the university is going
to ,have. We are going to call for bids on January 10. That
only gives us about six days to incorporate any changes. We
may not have enough time and it may not be fair for the
bidders to do that.
Kubby/ I am not necessarily suggesting that.
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F122094
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Gannon/ But if we do decide to do something and we cn work it in
with the contractor that is awarded the project with a change
order. I talked to Marty Atkins today with the Soil
Conservation service and he said that they definitely want to
be a player in any changes.
Kubby/ Right, I talked to him. He said the same thing.
Horow/ Thank you. Anything else? Roll call- (yes). The resolution
is adopted.
Kubby/ Thank you very much for the 9raphics. They helped a lot.
Horow/, That was very interesting.
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Agenda
Iowa City City Council
Regular Council Meeting
December 20, 1994 '
Page 8
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ITEM NO.8. ANNOUNCEMENT OF VACAN'CIES.
a. Previously Announced
(1) Airport Commission - One vacancy for a six-year term ending
March 1, 2001. (John Ockenfels' term ends.l
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(2) Broadband Telecommunications Commission - One vacancy for a
three-year term ending March 13, 1998. (Trey Stevens' term
ends.)
These appointments will be made at the January 17, 1995, meeting of
the City Council.
b. Current Vacancies.
(1) Committee on Community Needs - Two vacancies for three-year
terms ending April 1, 1998. (Terms of Gretchen Schmuch a!ld
Rusty Martin end.l
(2) Historic Preservation Commission - Two vacancies for three-year
terms ending March 29, 1998 - one for a Summit Street represen-
tative and one for an at-large representative. (Terms of Jay Semel
and Kevin Hanick end.l
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These appointments will be made at the January 31, 1995, meeting of
the City Council.
(3) Board of Review - One vacancy for a representative of the public
for a six-year term ending December 31, 2000. (Norman Bailey's
term ends.) This appointment will be made at the January 30,
1995, meeting of the City Conference Board.
ITEM NO.9. CITY COUNCIL INFORMATION.
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ITEM NO. 8 - ANNOUNCEMENT OF VACANCIES.
Horow/ (Reads agenda #8)
Baker/ Sue, can I ask you a question? Something doesn't make sense
to me here. We are advertising current vacancies ending April
1. We are appointing January 31, two months before they are
over. Is that typical?
Horow/ Yeah.
Baker / The appointment is two months before the other term is over.
I just never noticed that big of a gap.
Karr/ The appointment is made but it isn't effective. They have a
training time.
pigott/ So they can go and attend the meetings and see what is
going on.
Baker/ But we do that normally for all- Okay.
Throg/ A real simple question. why are two of these six year terms?
That is a long time. It just strikes me of being unfair to ask
anybody.
Woito/ The Airport Commission is state law.
Throg/ And why is that with regard to'Board of Appeal? Same thing?
Woito/ That is Dan's. Yes, that is state law also.
Throg/ Okay. What is required to amend state law?
Woito/ Talk to your legislature: Legislators.
Horow/ Are you on the legislative committee or would you like to
refer that to our legislative committee?
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Nov/ No, he is on the committee.
Woito/ Maybe you should talk to Newt Gingerich.
Throg/ A lot of clout with the current legislators.
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F122094
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Baker/ Sue, would it be appropriate. somebody from the audience had
a question I think about this. Dean-
Dean Thornberry/ You said these vacancies were available. It might
be worthwhile to tell people where they can go and sign up if
they would like to be on one of these committees.
Horow/ They come right down to the city Clerk's Office and get an
application.
Thornberry/ And also would it be appropriate for everyone to
recommend if someone has said they would like to be on a
specific committee.
KUbby/ Can you lobby for people? You sure can.
Thornberry/ Once the person has applied, how does one-
Pigott/ Call us up.
Horow/ Call us up or send a letter or whatever. We ask the people
to call us'as well.
KUbby/ I think he must have someone in mind.
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#9 page 1
ITEM NO. 9 - CITY COUNCIL INFORMATION.
Horow/ City Council Information.
Lehman/ Just briefly, there was a letter to the editor recently in
. the Press citizen that I think, frankly, accused a couple of
folks that sit up here of having an agenda with regard to the
water plant and not being interested in public input. The one
thing that I think I have felt on this council is that we all
would like as much public input as we can possibly get. I
don't think there is a person sitting up here who wouldn't do
absolutely anything that we can to make this situation as
livable as can be. And I think that personal attacks on folks
sitting up here doing their best are really out of line. Thank
you~
Horow/ Thank you very much. I appreciate that.
Throg/ Personal attacks aren't really to the point. The question
is-
Lehman/ The letter mentioned the mayor and the-
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Pigott/ I know.
Horow/ Hidden agenda.
Throg/ I am agreeing and we have known that for a long time.
Horow/ wait a minute, Karen, watch it.
Baker/ It is that vision thing that she has got going.
Pigott/ She has got that vision thing. She does. .
Throg/ I am just trying to agree with you, Ernie. The point should
be to focus attention on the, issue or on the points of
concern.
Pigott/ But you don I t need to attaclt the council on-
Throg/ Not the persons who are expressing the issue or raise
particular points.
Lehman/ After all, we all live here, too.
KUbby/ Speaking of bills, I was paying a bill this week and I saw
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this fee on my cable bill called Regulatory Fee and it was
three cents and it was something I hadn't seen before. And I
noticed my bill was a little bit different and I noticed the
three cents difference. So, I called the cable company and
asked them about it and got an answer that seemed fairly
strange. So, I called Dale and said what is this about. So,
Dale, what is this about?
Helling! Hopefully my answer wasn't quite as strange. It is pretty
straight forward. The Cable Act of '92 provided for re-
regulation and that primarily is done through the Federal
Communication Commission and part of that, the regulatory
process, is the FCC charges each cable company $.37 a year per
subscriber to cover their regulatory costs. So that three
cents a month and I think on one month it will be four cents
will be-is simply sent directly through from the cable company
to the FCC to cover the federal government's cost of
regulating cable rates.
Kubby! Okay. And what we did is then called the cable company to
make sure that their customer service people said that instead
of what they told me. Thank you very much. That is how we
spend our days.
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Nov! If they would be $.37 on once per year, they would have had a
lot more phone calls. Most people look at three cents and say
oh, forget it. I didn't say everybody. I just said most.
pigott! Yes. Just yesterday we talked during the informal council
meeting about the preparations the city is going to make to
investigate follow up on some of the recommendations that
members of public have made. I wondered if Steve, if you can
just tell us-just sketch out what you told us last night
because it would be helpful for the public to know what we are
going to do and how we are going to do it.
Atkins! The best as I can, during the course of the p.h.s involving
the water and the wastewater rate increases, a number of
issues have been raised. For example, citizens offering at
least some notion of is this an option, if so, has this been
explored. If so, what were your conclusions. As well as a
number of suggested financial plans. In simplest terms I think
that is kind of generalizing about them. What we will do is I
believe we have adequately compiled a list of what those
issues were and those that were raised. We will prepare
memorandum about each one, identifying the review process., I
mean reasonably substantive without getting into extensive
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full blown report. We will take that information, package it
together in some fashion and see that it is given to you. To
the best of our ability, the citizens that raised the issues,
we will copy them. ,We will just have to go back to the record
and pull that out. And then-We would like to get that work
done let's say within the next month. Then, what we would like
to do in response to your collective request, is put together
some sort of a forum or forums to have these at least
presented in some informal fashion to the public so they have
an opportunity to review what we have done on your behalf,
allow for further comment. You discussed going so far as
actually purchasing space within the local news media whereby
we would identify some of these questions, prepare somewhat
abbreviated answers and that work we would like to conclude
sometime no later than first part of March. Okay?
~
Throg/ I guess I would like to add a little bit to that and make
sure what I say is consistent with your understanding, steve.
Part of what we talked about last night concerns-that had to
do with the fact that some of the recommendations that were
given to us by the, public were concerns-items that staff had
and the consultant had previously investigated and that we
feel we have very clearly are responding to because there is
already information available. Whereas there are other
suggestions that carne up. Some having to do with schedule and
financing in particular that we don't really have complete
knowledge of right now because we have not investigated them
in quite so thorough of a fashion. So, part of what you will
be doing in, the next month or two or there abouts is
investigating those financing and scheduling options in detail
and corning back to us with some suggestions about how to
respond.
Atkins/ Yes, I understand it to be that way.
Kubby/ The other thing we talked about last night, too, was doing
some public access live ,call in shows so people could call in
and ask questions ~hat not only staff and b\!.t of council
members if questions are more politically oriented. And
presenting this information to people in a way that we can get
some additional feedback on before we have to ma]ce a next
decision the next seven months or whatever the time frame is
about the rest of the financial package.
Throg/ I would like to mention one other thing. The memo that we
gave to staff lat week made-tried to point out the importance
of looking at a combination of items and there wCis one in
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particular that I would like to mention and obviously do not
know if the combination is a good one but seems to be so
intuitively plausible that I need to say it and at least put
it on the agenda. And that has to do with the water system. So
the combination would be a combination of an aggressive water
efficiency program, the aquifer storage proposal that Vince
Neary brought up, the idea of drawing water entirely from the
alluvial aquifer instead of from the river of the deep wells
and then perhaps doing it all in a pay as you go way. Right.
So, it is a combination of things. What seems to be plausible
on the surface and I don't have the competence to judge is
that by drawing water from the alluvial well only we could
avoid lime softening and pre-sedimentation which would greatly
reduce the cost.
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Atkins! That alluvial issue, and again I am not at liberty to
discuss it publicly with 'you, has a great deal to do with
negotiations on the peninsula and for that very purpose. I
understand what you want. .
Pigott! Two other quick things. One is just to reiterate Ernie's
point. I thought the letter I, saw in the paper Saturday did
not need to attack individual council members and that I think
just our talk last night and the agreement to go forward' with
a plan investigating alternatives. I didn't see a council that
said no that they weren't interested. So, thank you for that.
Sue, a second thing was that I wanted to thank you for being
with me on Sunday at the First Christian Church conversation
with residents about the water plant. I think that sort of
thing, if we can continue that in the mean time. I thought it
w~s a great learning experience for both us and members of the
public and if others want to do it I will be happy to go out
and Sue, you did a terrific job. Thanks.
Horow! We also asked the members of First Christian Church for
their prayers. So we will go to more churches.
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Throg! Were they forthcoming?
Baker! I just wanted to thank the Press citizen for their water
in~ert that was in S~turday's paper and having gone through it
and talked to the people that have read it, it seems to be a
fairly comprehensive and very informative and I would like to
urge the public that if you have not read this as a beginning
to your education on this issue, get a hold of a copy of it.
I think John, you have given a couple of hundred copies to the
city staff. It is going to be in the public library and it
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F122094
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will be Senior center, other places. And in the back of that
issue, for those that haven't seen it, this is the cover. It
says Press citizen down here. That is the source. In the back
of this there is a box, if you have questions or other
opinions that you don,1 t have to direct them to us. The Press
citizen will also take questions, contact staff, publish more
information, do a follow up. It is a very helpful guide to
begin with and I appreciate the Press citizen taking the time
to do that. And that is all I have.
Horow/ 'I would like to say thank you to the Traffic engineering
staff of the city for the speed with which they have been able
to put in traffic lights. Not only at West High School but
also those of you who are on First Avenue. First Avenue at
Mall Drive and Lower Muscatine at Mall Drive. This has been a
very swift job and a lot of hard work went into that in a
short period of time.
KUbby/ They did it and they put in all the stop signs in three
different neighborhoods.
Horow/ I know. They have really done a Yeomen job on this one.
Nov/ I hope they asked if we got a bargain on stop signs.
Atkins/ We have a lot of them now. There was no close out sale.
Horow/ This morning I had Santa Claus waved me on way at the corner
of Court and First Avenue and it was such a'pleasant time and
I really' want to thank him. He being Bob Cowell. We don't
thank our school crossing guards very often but they really do
a fantastic job and Mr. Cowell is such a pleasant individual
and it was so nice'to see Santa Claus this morning. I just
like things like that. 'I also want to remind people with the
holidays, the kids are out. But also a.ny more snow, please get
th~ snow off your sidewalks. Not everybody i.s doing that and
it is the pits. So, please get your snow off.
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F122094
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Agenda
Iowa City City Council
Regular Council Meeting
December 20, 1994
Page 9
ITEM NO. 10 - 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. 11 - RECOMMENDATIONS OF BOARDS AND COMMISSIONS. I
a. CONSIDER RECOMMENDATIONS OF THE BOARD OF APPEALS THAT r...
THE COUNCIL APPROVE THE ORDINANCE AMENDING THE IOWA CITY
BUILDING AND PLUMBING CODES WHICH WOULD CHANGE THE
NUMBER OF EMPLOYEES OR OCCUPANTS WHICH WOULD REQUIRE
THE INSTALLATION OF SEPARATE GENDER RESTROOM FACILITIES
FROM FOUR TO FIFTEEN.
Comment: This amendment is presented for first consideration as Item
No. 13.
b. CONSIDER RECOMMENDATION OF THE DESIGN REVIEW COMMITTEE
THAT THE CITY COUNCIL APPROVE THE APPLICATION FOR EXTERIOR
SIGNAGE AT 150 E. COURT STREET TO REPLACE THE FACE OF THE
EXISTING EXTERIOR SIGNS FOR HOMELAND SAVINGS BANK
(MIDAMERICA SAVINGS BANK).
Comment: See Item No. 12.
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ITEM NO. 10 - REPORT ON ITEMS FROM THE CITY MANAGER AND CITY
ATTORNEY.
a. city Manager.
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Horow/ Mr. Atkins.
Atkins/ Just two quiCk things. First of all to remind the public,
the crossing guards are city employees and not school district
employees. They are employees of our Police Department.
secondly, I apologize for not being able to recollect
specifically what Mr. Glasgow was talking about but I do look
at this resolution now and it is March of 193. So I think I
have a reasonably good reason for not recalling it. I will
check this out.
Horow/ Thank you. Mr. Helling, do you have anything to tell us?
Well, he told us a couple of nice things last night.
Helling/ Are you expecting something? No, I don1t have any- Thank
you for thinking about me.
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F122094
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Agenda
Iowa City City Council
Regular Council Meeting
December 20, 1994
Page 10
ITEM NO. 12 - CONSIDER A RESOLUTION APPROVING THE EXTERIOR SIGNAGE AT 150
~L./-- 31o~ E. COURT STREET.
Comment: At a December 12, 1994, special meeting, by a vote of 7-0, the
Design Review Committee recommended that the City Council approve the
application for exterior signage at 150 E. Court Street to replace the face of
the existing exterior signs.
Action:
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ITEM NO. 13. CONSIDER AN ORDINANCE AMENDING THE IOWA CITY BUILDING AND
PLUMBING CODES TO INCREASE THE OCCUPANT LOAD AT WHICH
SEPARATE RESTROOM FACILITIES ARE REQUIRED FOR EACH SEX FROM
FOUR (4) TO FIFTEEN (15). (FIRST CONSIDERATION)
Comment: At its September 12, 1994, meeting, the Board of Appeals
recommended that the City Council adopt these amendments to provide some
relief to small businesses struggling to comply with handicap accessibility
requirements. ADA does allow the use of unisex restrooms and does not set
a threshold for separate facilities. Current City Code requires separate
facilities for employees when the number of employees exceeds four and
separate facilities for all eating or drinking establishments. The occupant
level of 15 was derived from a model plumbing code, not adopted by Iowa
City, which is used in the northeastern states. ~ 1/&
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ITEM NO. 14. CONSIDER AN ORDINANCE AMENDING TITLE 3, CITY FINANCES ~ I
91/, - ~1c"1 nON AND FEES, CHAPTER 4, SCHEDULE OF FEES, RATES, CHARGES,
BONDS, FINES AND PENALTIES, SECTION 3.4-4 WASTEWATER TREAT.
MENT WORKS USER CHARGES (PASS AND ADOPT)
Action:
Comment: The proposed ordinance increases rates for wastewater by 35%
the first year effective for bills issued on or after March 1, 1995. The rate
increases as proposed will be applied as a flat increase across-the.board to
all existing rate blocks and minimum charges. .
Action: YLuitdu /~
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#13 page 1
ITEM NO. 13 - CONSIDER AN ORDINANCE AMENDING THE IOWA CITY BUILD-
ING AND PLUMBING CODES TO INCREASE THE OCCUPANT
LOAD AT WHICH SEPARATE RESTROOM FACILITIES ARE
REQUIRED FOR EACH SEX FROM FOUR ( 4 ) TO FIFTEEN
(15). (FIRST CONSIDERATION)
Horow/ Moved by Nov, seconded by Baker. Any discussion?
Throg/ I would like to ask a couple of questions I guess. We didn't
talk about this last night and somehow is just kind of blew by
me last night. So, the first thing I am wondering is why don't
we have a p.h. on this? Second thing I am wondering is who
might be affected by it and might, for some reason or another,
not want to see it passed or prefer to see it passed? I feel
I would like to have answers to those and maybe I should
answer them myself but-
Horow/ First of all, when you do have an ordinance and when you are
going to change the code, you do need to have a p.h?
Woito/ No. Not on the Plumbing Code. You only need p.h.s for zoning
and utilities. Not for the general run of the mill ordinances
which is not to say you can't have a public discussion which
is done at anytime.
Throg/ I have this gut feeling that we will adopt it and somebody
will not like it after we adopt it and they will be upset
because they didn't have a chance to say anything.
Novl It was discussed at the Commission level.
Throg/ Who knows that commission exists?
Novl The plumbers know. The people who are really concerned with
building codes do know and I don't think this is going to be
terribly controversial. You get more comments saying our
building code is too strict. If we are going to loosen the
regulations you are not going to find anybody who is unhappy
with it.
pigott/ You know, I think Jim's point is if there is anyone who is
unhappy, they should have an opportunity to come up before us.
I think that is valid and another question is is there a rush
to get it done by the 3rd? If there is, then let's talk about
it.
Horow/ People can get to us before the third reading.
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F122094 '
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pigott/ Not if we don't have a p.h.
Atkins/ Number one is that I told the H. I. S person who is
responsible for this not to come tonight because I didn I t
expect any questions.
Nov/ Tell him to come for the second reading.
Atkins/ Secondly, the question of who is affected, if you mean can
we give you some examples'of what the circumstances might be
with this amendment, I think we certainly can prepare
something for you and give that to you by your next meeting.
Thirdly, to my knowledge, it was not a rush and did not have
to be done immediately. So I am sure it is very much up to you
and how you would like to deal with it.
Nov/ To some extent it is the kind of thing that has been a
concern. People with small offices and four employees really
don't need two bathrooms.
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Kubby/ And it means they need two bathrooms for with equipment in
it for people-
Throg/ I can see the reason for doing it. I am just looking for
reasons not to do it and wondering whether there are people
who would be presenting reasons not to do it. That is all.
Nov/ I don't think there are any.
Kubby/ The other thing is in the minutes of the Board of Appeals
says that what they proposed really doesn't do anything to
help out this one person who had come before them with a
problem. And that is never discussed again in the rest of the
minutes. So, I have been trying to get a hold of this person
to say does this or does this not talce care of the problem
that you brought. There was one person who spoke at the Board
of Appeals about this. I guess I would be amenable to
deferring this and getting some of public discussion and
getting some of the information. So I would move to defer to
January 3.
Horow/ Okay now, are you asking for a p.h. on January 3- Public
discussion during public discussion.
Kubby/ Whatever it is called. Public discussion just so people
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know.
Woito/ Call it public discussion.
Atkins/ wei can also provide a representative for the Board of
Appeals.
pigott/ Could we vote it the same night?
Horow/ Well, we couldn't do that because we didn't set p.h.
woito/ You don't need to, Susan. You don't need to. We can just
put it on. Just list it.
Pigott/ Can we have a public discussion and vote for the first
time?
Kubby/'We could put this item to vote on the same agenda and if we
heard something we still need to think about we could always
defer again and this way we can have the option of moving
forward.
Nov / I say this does not prevent anyone from putting in two
facilities or three or six or as many as they want.
Throg/ Right, it just doesn't require it.
Nov/ It just doesn't require it and there will be many places with
15 employees or less who will say we really prefer to have two
bathrooms and they will do it.
Horow/ Would someone care to make the motion to defer this?
KUbby/ I already did.
Horow/ Moved by Kubby, seconded by Throg to defer this to January
3.
Baker/ With all due respect/ I am going to vote against the
deferral. I just don't see any reason to defer this.
Horow/ I don't either. All those in favor signify by saying aye
(ayes-Pigott, Throg, Kubby). Opposed, same sign (ayes-Lehman,
Horow, Nov, Baker). Did you vote to defer this?
Lehman/ No.
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F122094
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Horow / okay, so it went down. The main motion is on the floor. Any
further discussion?
Kubby/ So, I mean I am interested in this process question about
when we have ordinances that affect a lot of small business
people, to have time on the agenda. I don't know if we want to
create a policy about it that when we have an ordinance that
is not a zoning thing, that we public discussion on so that
people have an opportunity to come in. Because we don't have
that many of them that I don't think it would be a burden on
council, . in terms of time and effort, because we have to
create an agenda-
Lehman/ I agree with you, Karen. I feel that if something comes up
in second consideration during this public discussion time,
that is offensive to me, I can always vote no.
KUbby/ I think there is a difference between getting public input
before you vote and being convinced afterwards. 'There is a
different feel about the input that we get.
Baker/ There is but you have to pick and choose which issues you
want to have it before. Some of them seem to be, quite
honestly, perfunctory. Get them done and get them out of the
way. To me, this is a lessening of a restriction. It is much
more beneficial to everybody involved and I can't imagine this
being a problems. That sort of public input before every issue
seems to be almost counterproductive sometimes.
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Kubby/ We are talking about ordinances, not every issue. There
aren't many ordinances that we deal with on a regular basis.
Baker/ And I would say the same for ordinances. That before every,
what I consider a minor ordinance change, to the benefit of
most people.
Throg/ Maybe ~le should do it on a case by case basis. In this
particular instance I wonder if we can still have someone come
from H.I.S.
Aekins/ I am assuming you want that anyway. I will take care of
that. Okay.
Nov/ If H.I.S. or anyone else on staff has someone in mind that
will be affected by this, they can invite them also.
Horow/ Right. Or they can have them call us. There is nothing wrong
This represents only e reasonably accurata transcription of tha Iowa City council maetlng of Dacamber 20. 1994.
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with talking.
Atkinsl Let the word out. okay.
Horow/ Motion is on the floor. Any further discussion. Roll call-
First consideration passes, 7-0.
ThIs represents only a reesonably eccurate transcription of the Iowa City council meeting of December 20, 1994.
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Agenda
Iowa City City Council
Regular Council Meeting
December 20, 1994
Page 11
ITEM NO. 15 - CONSIDER AN ORDINANCE AMENDING TITLE 3. CITY FINANCES TAXA-
9~' ~6h Z. TION AND FEES. CHAPTER 4. SCHEDULE OF FEES. RATES. CHARGES.
BONDS. FINES AND PENALTIES. SECTION 3.4-3 POTABLE USE (PASS AND
ADOPT).
Comment: The proposed ordinance, increases rates for water minimum bills
for up to 200 cubic feet of usage by 24% and for consumption over 200
cubic feet by 40% effective for bills issued on or after March 1, 1995. The
24% rate increase for minimum charges is applied based on each meter size.
The 40% rate increase as proposed will be applied as a flat increase across-
the-board to all existing rate blocks which is a declining rate structure.
Action:
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ITEM NO. 16. CONSIDER AN ORDINANCE ESTABLISHING AND REGULATING TH'Eg'q
'1'1-- 3lo1D~ LOCATION OF ENTRANCE DRIVES TO PRIVATE PROPERTY ALONG AND
ADJACENT TO U.S. HIGHWAY NO.6 FROM THE WESTERLY CITY LIMITS
TO ROCKY SHORE DRIVE IN IOWA CITY. JOHNSON COUNTY. IOWA. (PASS
AND ADOPT) .
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Comment: This ordinance regulates the location of entrance drives along
U.S. Highway No. 6 between Rocky Shore Drive in Iowa City and First
Avenue in Coralville in conjunction with the Highway No. 6 Fifth Lane
Improvements Project, and as required by the Iowa Department of Transpor-
tation. The City Attorney and the City Engineer recommend approval.
Action: ~ / -&;.r;uJ
JI.orYI /Jj, {7. l4J.L ~ (JY)
ITEM NO. 1~- ADJOURNMENT.
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City of Iowa City
MEMORANDUM
To: Mayor, City Council'and General Public
From: City Clerk
Date: December 19, 1994
Re: Addition to the Agenda
ITEM NO.17 CONSIDER A RESOLUTION DECLARING THE CONDITION OF 1926
,'N'" olD~ BROADWAY, A PUBLIC EMERGENCY.
Comment: The adoption of this resolution and its acceptance by AHRMA
(insurance carrier) is necessary to allow the Iowa City Public Housing Authority
to competitively bid for the repairs of 1926 Broadway without following HUD
formal bidding procedures. The HUD formal bidding procedures would slow the
process of rebuilding 1926 Broadway.
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#17 page 1
ITEM NO. 17 - CONSIDER A RESOLUTION DECLARING THE CONDITION OF
1926 BROADWAY, A PUBLIC EMERGENCY.
Horow/ Moved by Throg, seconded by Baker. Discussion.
Kubby/ will there be any kind of bidding procedure? It is just not
HUD procedure.
Atkins/ Yes, we will follow our traditionally bidding procedure
without the HUD.
Kubby/ An important distinction.
Nov/ We need ,some kind of serious study on the structure and
whether or not it is safe to rebuild. It looked like it is
heavily damaged.
Atkins/ I am almost positive it is being done. I will confirm that
for you.
Horow/ Any further discussion? Roll call- Passes, 7-0.
This represents only a reosonably accurate trenscrlptlon of the Iowa City council meeting of December 20, 1994.
F122094
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City of Iowa City
MEMORANDUM
DATE: December 16, 1994
TO: City Council
FROM: City Manager
RE: Work Session Agendas and Meeting Schedule
Monday
Special City Council Meeting - Council Chambers
Executive Session (Litigation)
6:50 P.M. - City Council Work, Session - Council Chambers
6:50 P.M. - Review zoning matters
7:00 P.M. - Manufactured Housing Park
7:30 P.M. - Towncrest Relocation Update
8:00 P.M. - Outdoor Cafes
8:20 P.M. Council Meeting Schedule
8:30 P.M. - Council agenda. Council time, Council committee reports
December 19, 1994
6:30 P.M. -
December 20, 1994 ' Tuesday
7:30 P.M. - Regular City Council Meeting - Council Chambers
December 23. 1994
HOLIDAY - CITY OFFICES CLOSED
Friday
December 26. 1994 Monday
HOLIDAY - CITY OFFICES CLOSED
January 2. 1995 Monday
HOLIDAY - CITY OFFICES CLOSED
6:30 P.M. - City Council Work Session - Council Chambers
Agenda pending
January 3. 1995 Tuesday
7:30 P.M. - Regular City Council Meeting - Council Chambers
PENDING LIST
Appointments to the Airport Commission and Broadband Telecommunications
Commission - January 17. 1995
Appointments to the Committee on Community Needs and Historic Preservation
Commi ssion - January 31. 1995
Appointment to the Board of Review - January 30 meeting of the City
Conference Board
Meeting with the Johnson County Board of Supervisors - January 24. 1995
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