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ITEM 2 SPECIAL PRESENTATIONS
Donation from Wal-Mart for Canine Unit
Lehman: The next item is a special presentation and for that I would like some
folks form Wal-Mart and also a couple of really honored guests to
come forward please. Hi Gallo. Come here boy. Come here. Gallo.
Gallo, I'm you're friend. If it wasn't for people like me you wouldn't
even be here. Well that's true Gallo. Yeah. It really is a great
pleasure for me personally and I think for most of this Council to
welcome some folks from Wal-Mart here tonight with a very, very
special presentation for our canine unit. This was...our canine unit
was a project that some of us wanted to see happen for a long, long
time and unfortunately it didn't happen until I think what four years
ago Ron?
Ron: That's correct.
Lehman: Right. And I think it was a tremendous addition to our force and Gallo
is a great dog even if he didn't want to play tonight. So we have with
us tonight three folks from Wal-Mart and I'll let...which one of you
want to tell us about what it is.
Adrian: Good evening everyone. My name is Adrian. I'm an assistant
manager with the Iowa City Wal-Mart. On behalf of our store
manager Chris Anan and all of our associates at WalMart we would
like to present what we call the Safe Neighborhood Heroes Grant.
This is brand new to us and we are extremely pleased to present this to
the Iowa City Canine Unit. It's a check for $1200. We just are
extremely pleased because we are glad to help the people that help us
and help protect us. And we hope that this will serve them well. So
we appreciate you. Thank you.
Lehman: Thank you, That is a thank you from Gallo. Well we're very proud of
the Canine Unit. You know I think it was...wasn't it Marion (can't
hear) that lost their dog? I think Marion lost a couple of
bucks...Gallo, you're interrupting. Yes. But, the people of Marion
raised the money to buy a dog for that police department. That's how
important they feel it is and I think we feel just as strongly that this is a
very, very important officer in our Police Department. So, thank you
again so much.
Pfab: We won't clap.
O'Donnell: Boy, he is a big dog.
Lehman: You know that fellow is like most folks in Iowa City he's always got
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something to say.
Lehman: The next item is not an agenda item but I'm going to place it on the
agenda because of the prominence I think it deserves. We received a
letter from the Office of State and Local Govemment Programs from
Iowa State University Political Science Extension Service dated
August 7. And it says, "Dear Mayor Lehman, Thanks to the City of
Iowa City for supporting Marian Karr in attending this year's Iowa
Municipal Clerk's Academy. The Academy is a continuing education
program designed to keep Clerks, Deputy Clerks, Administrators, and
others current with the best principals of municipal administration. I
hope you will acknowledge the commitment of Marian for
participating in the Academy. That commitment reflects positively on
the dedication of your City to providing sound and competent and
professional administration to your citizens. As Director of the
Academy I feel honored to work with cities and individuals like
Marion in maintaining Iowa's position as a leader for continuing
professional education in municipal education." Marian, thank you.
Karr: Thank you.
Pfab: I think a standing ovation is in order.
(Applause)
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ITEM 3 CONSIDER ADOPTION OF THE CONSENT CALENDAR AS
PRESENTED OR AMENDED.
O'Donnell: So moved.
Champion: Second.
Lehman: Moved by O'Donnell, seconded by Champion. Discussion.
Wilburn: Emie, ifI could just highlight from the consent calendar and I may get
the sections wrong, but it's under chapter setting the hearings on pages
3 and 4 of the consent calendar we're conveying single family homes.
The housing authority tenant to ownership program and the affordable
dremn home program is a good thing. We're working to address some
parts of home and housing affordability and I'd like to see that keep
going. Good job.
Vanderhoefi I'll second that.
Lehman: Yes, I totally agree. Those will occur I believe next week. They'll
have a presentation. Other comments on the consent calendar?
Kanner: Yes. In correspondence which is g(10) we got a letter from Daniel
Zwiener who an out of town visitor who has experience in
archeological fields and he visited the Southgate property at the old
McCollister Farm and he noted that there may be a chance that there
may be some human remains prehistoric most likely if there are any
there. There's a slight possibility. And he said that although there was
a survey done, that the survey, in his opinion, was not complete from a
cursory view. He c.c.'d a copy to the State Archeological Office here
in town. And I did talk to that person - Shirley Shirmer in the office
there and I also talked with Karin Franklin and I'm glad to hear that
there's going to be continual discussion among the groups just to make
sure that there are no human remains there or are investigated to the
best of the ability of the State Archeological Office and hopefully
we'll keep on top of that. There's a State law that requires those
remains not to be disturbed and I think we do a good job of staying on
top of that and hopefully we'll continue that in the future. I just
wanted to point that out in that letter. So there's going to be a meeting
that people can go to tomorrow if they're interested in that property
part of our good neighbor policy Southgate will be meeting with
people to discuss development at the site. Anyone is welcome to go to
that. And that's going to be at Horace Mann I believe. Horace Mann
at 5:30...Grant Wood, Grant Wood, excuse me. Grant Wood at 5:30
tomorrow if anyone is interested in exploring some of those issues that
are taking place out there. That's it.
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Lehman: Any other discussion? Roll call. Motion carries.
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ITEM 4 PUBLIC DISCUSSION
Lehman: Item 4 is public discussion. This is the time reserved for the public to
address the Council on items that do not otherwise appear on the
agenda. If you wish to address the Council please sign in, give your
name, and limit your comments to five minutes or less.
Charity Rowley: Charity Rowley appearing for the Senior Center Commission. We met
this afternoon as you all know we have received the notification from
the County that they are terminating the 28E agreement which
provided 20% funding for our budget. Because of this we have
decided to take two approaches to this problem of funding. We
thought we would do some meeting and we already have scheduled a
meeting to deal with the short term solutions to our funding. We also
thought this would be a very good opportunity to take a longer view of
where we're going and who we are and what we are about. A bigger
vision program and deal with the funding as it falls out from that kind
of...or supports that kind of vision - I don't want it to fall out
completely. We...Carol Thompson said that she...that the County
would need some beginning budget proposals to them by November 1
so that puts a time crunch on us. That's the biggest thing that was on
our agenda this afternoon. We spent a lot of time discussing this. We
can report that we have two new doors on the north side of the
building. The old ones were rusty and this is a very good thing for us
to have two new doors. We would like to have requests that there be
some fund carry over in our budget to repair the sidewalk in front of
the building and to install an up-to-date fire and alarm system in our
elevator. At this point the elevator upon the triggering of a fire alarm
the elevator goes to the basement and stays there whether the fire is on
that floor or not, so we're hoping to get a new situation for that
elevator. We are very pleased that our annual picnic will be on
September 12th at City Park or West High in case of rain. And HyVee
Dodge Street and the U.S. Bank and the gift fund are pledging
that...are supporting that. We sold a raffle on a quilt that was
produced by the Quilt Group - they use our facilities to quilt and every
year produce a quilt for us to raffle off. We're at two HyVee grocery
stores and the County Fair and we made almost three times what we
did last year. Evidently grocery stores are good places to sell quilt
rd
raffle tickets. We made $2,056.06. On September 3 we will be
joining the City's web page - the web site. And we will have a
beginning of our Post and our senior dining menu on the web site.
People will need an Adobe Acrobat to access this. We have...the
brochures are at the printer right now for four courses this year that the
Center is providing the housing for the place to meet for four courses
in the Center for Learning and Retirement. Excuse me. The four
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courses are the City Scene - that sounds very interesting learning
about and visiting various municipal facilities, What is a Chair, IBM
courses with Kirkwood, and a Health, Maintenance, and Healing
course. This is based on an elder hostel model. Our instructors do not
get paid and the fees cover only expenses. Good thing I came to the
end of my report at the end of my voice.
Karmer: Water is on the way.
Rowley: Oh, thank you. I appreciate that very much. Any questions?
Kanner: Yeah. I have a couple questions. One any word on negotiating
possible rent from Elderly Services for Senior Dining? We got a huge
chunk of money from the County in the past and I think in part they
were willing to pay that because they had Senior Dining there where
they didn't have to pay "rent" and they had Senior Dining taken away
by Heritage Agency and given to another agency. I think it would be
fair to start looking at rent payment. Have you talked about that in
your Commission and anyone talked to Elderly Services about that?
Rowley: We will look at that as a possibility as long as we look at all the other
possibilities for funding. Nothing in particular. It's too soon, Steve.
Kanner: I wouldn't say it's too soon.
Rowley: It's too soon to zero in on that. We're open to all kinds of possibilities
at this point.
Kanner: This is something that's been there for eight months so this, in my
personal opinion; I think as a Council we need to start looking at these
things a little harder and I think we also have to look at real soon top to
bottom possible funding structures for the whole Center. I think we
should look at everything and not leave anything out of the equation
for possible revision. I think there has to be some serious talk and it
should be done very soon. I would urge the Council to move forward
on this.
Champion: Did Carol Thompson ask to present a budget, did she give you any
indication what the County was going to provide for that budget? No.
Rowley: Not at this point.
Champion: Okay.
Rowley: They'll need to hear proposals from us. It's in our lap.
Champion: Thank you.
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Lehman: Thank you.
O'Donnell: Very good.
Rowley: Okay. Thank you very much. Thank you.
Louise Young: My name is Louise Young and I live at 320 South Dubuque Street,
Iowa City. Now the thing that I am particular concerned about -
actually I am also concerned about this business of charging rent to the
meals on wheels and I think that there is such a thing of rushing into
that too fast. It can have a meat axe effect on the program. The
program's budget is pretty tight as it is now. That needs to be
considered and it is very important to have that program there. The
thing that I am concerned about though is I understand that the Council
is talking about being interested in the City rather than the County
running the SEATS program. Some of the Board of Supervisors seem
to think so. Others think that it should stay with the County.
Personally, I think it should stay with the County because the
transportation needs to be available for all people. We have discussed
this at the Johnson County Disability Coalition also and our opinion on
this is that what's really needed for what's the best way to run SEATS
is for the City, the County, and those of us on the Coalition getting
together and sharing what our concerns are.
Lehman: Thank you.
David Baldus: Good evening Mayor Lehman and member of Council. I appreciate
the opportunity to appear here tonight. (Reads statement).
Lehman: Before you.. ,you did...we did give to Dr. West, I believe, a copy of
the information you gave us last night and she has agreed to respond in
writing. Did you...and I haven't had an opportunity to study what you
gave us last night but basically what you said tonight in the report that
you gave us last night.
Baldus: This is an elaboration on what I gave you last night.
Lehman: We will receive from her a written response.
Baldus: Very well.
Lehman: And we will see to it that you get a copy.
Baldus: Okay. Very good. Thank you.
Pfab: Motion to accept correspondence.
Champion: Second.
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Lehman: Moved by Pfab, seconded by Champion to accept correspondence.
Baldus: Thank you.
Lehman: All in favor? Opposed? Motion carries.
Kanner: So, Emie this looks like this is an issue that probably needs some more
discussion.
Lehman: I think it will wait until we get the response and then we'll find out
whether we think it warrants more discussion. How does the Council
feel?
O'Dounell: Exactly Emie we'll wait until we get a response.
Champion: I think we should wait for the response.
Lehman: And we'll see what happens.
Kanner: I would say let's have a work session after the response so we can hear
both of these peoples give and take and obviously there's some
different perspectives.
Lehman: We'll have that opportunity when we get the response I would say.
Kanner: We'll have that.
Ken Herdliska: Hello everyone. My name is Ken Herdliska. I appreciate the
opportunity to be heard here tonight. I'm a 14 year resident of 1695
Ridge Road on the north end. I've lived in Johnson County for 50
years. The issue ! wish to bring to your attention which I know that
everyone is aware of is the Englert Theatre. I know the County just
gave them another $25,000 and Carol Thompson statement to the
media was that the people that are in charge of raising funds were
pretty adamant that they were going to be asking for more money in
the future. When this initially started out I thought that it was a good
idea. It's gotten - I don't mean disrespect for the people that have
worked on this project because I know it's taken a lot of effort and a
lot of heartfelt feelings - but it's starting to look like a money pit. I
question as to whether or not the returns are going to come back to us
that we're putting into it. I also question as to whether or not the
medium income and lower socioeconomic people are going to able to
afford to use this facility once it is completed if it's ever completed.
We're talking about changing SEATS from the control that it's under
now because of the increased costs. Everywhere we look we're all
being strapped for dollars. Our taxes have gone up 20 -25% in the past
couple of years and I just feel that someone needs to say enough is
enough and maybe have a little bit of vision as to where we're going to
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draw the line. I guess that's all I've got. I just myself, some of my
neighbors, and some of my peers have sat and talked about this and
complained about it and I feel that I don't have the right to complain if
I don't...if I'm not having my piece heard. Thank you.
O'Donnell: Thank you.
John Loomis: Hello. My name is John Loomis. I live in Iowa City and I'm a
member of the Friends of Hickory Hill Park. I'm here to announce the
presentation of a symposium that we're sponsoring on September 28th
designed to present and air views regarding the park - the Hickory Hill
Park - most notably the concerns regarding conservation, vegetation
management and the development...the development that will ensue in
the future surrounding the Park. And we're hoping to see...we're
inviting everyone up on the Council and the City Staff and all the
members of the public to attend if they would like and we would like
to see them at a minimum to attend and participate if possible.
Certainly there will be opportunity to discuss these issues in the form
of panel discussions and ad hoc discussions around.., during the day.
The event will occur most of the day in the form of tours through the
Park during the day and as the afternoon develops we'll have a panel
discussion regarding the conservation and vegetation management
issues of the Park and later in the afternoon there's a presenter -
Randle Aaron - is going to do some discussing of development issues
around there. Randle Aaron you may be familiar with is active in the
Sand Prairie discussions. So we would like to see everyone attend if
they have a chance - it's September 28th.
Champion: The 28th?
Loomis Yeah. That's a Saturday - designed a non-game day - non-football
game day. And it's mostly inthe late afternoon to early evening.
Lehman: John, you do realize that no more than three Council persons may
attend that if there's any participation otherwise it constitutes a public
meeting.
Loomis: Otherwise what?
Lehman: Otherwise it constitutes a public meeting.
Loomis: Oh.
Lehman: And it would be an illegal meeting.
Loomis: Well.
Lehman: So three of us can be there and participate. If there are more than three
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than no member of the Council can participate in any way.
Loomis: Okay. Well.
Lehman: That's to keep the City Attorney who may be small, but she's mighty -
keep on the good side of her.
Loomis: Well, I've talked to several of you already and we can, I'm sure,
decide on which three would want to come. So.
Karmer: Ernie, I'll give up my seat for you. Is this all going to be at Hickory
Hill - the panel discussions too?
Loomis: That's right. The idea is that it's going to be in the Park. We're going
to rent a big tent and right now we planning on putting it in the lower
entrance of the Park which is the Bloomington Street entrance. And it
will be relatively comfortable and rather elegant I have a feeling. So
the idea is - here is a little saying we've come up - the idea is to sow
ideas to grow consensus and to harvest solutions.
Lehman: Cool
Kanner: Very well put.
Lehman: Thank you.
O'Donnell: Cool. Going back a couple years, Emie.
Lehman: I could go back more than two.
Vanderhoefi I could tell you I'm out of town.
Carol Spaziani: Good evening. (Read statement). Saul would like to say a few words
too.
Lehman: Excuse me. We're going to receive a report I believe.
Spaziani: You'll get a formal report from your Staff I'm sure.
Lehman: Yes we will have a staff report on that meeting.
Spaziani: Right, but we wanted to tell you how enthusiastic we were after
observing it.
Lehman: Yon know I suspected you might be.
Spaziani: Saul would like to say...
Saul Mekies: As Carol stated there were some 17 cities and towns attending the
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meeting on municipal utilities among their representatives were city
council members, mayors and staff- their respective staff. They were
all very optimistic about four practical goals: decreasing electric rates
for their citizens, providing reliable, efficient source of energy,
securing a clean environment, and contributes hundreds of thousands
of dollars to the city coffers. Cities like Muscatine and Ames were not
present because they were already accomplishing these goals. And
they have not raised their rates since 1978. Muscatine contributes
about a million dollars annually in lieu of taxes and Ames about 1.2
million dollars annually in lieu of taxes that is in addition to a number
of projects they have taken to finance. Moreover, I would like to urge
you to visit these cities and take a look for yourselves. Muscatine is
not very far. Ames is not that far and the IAMU the Association of
Municipal Utilities has invited you to come and see for yourself.
Thank you for your time.
Lehman: Thank you.
Kanner: I believe we get about $200,000 from MidAmerica for our electric
portion
Atkins: More than that.
Kanner: Just for electric from ....
Atkins: Property taxes.
Kanner: Property taxes.
Atkins: I suspect it's a tad bit more than that. I don't know. I could look it up
easy enough.
Kanner: I think that was what was in the book they gave us.
Atkins: Okay.
Lehman: Any other public discussion? Item 5 are planning and zoning matters.
O'Dormell: I think you have another one, Emie.
Lehman: I'm sorry.
Lori Bears: First of all I want to thank Mike O'Donnell.
Lehman: Would you give your name first, Lori.
Bears: I always do that.
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Lehman: That's alright, that's alright.
Bears: I apologize. First of all I'd like to say my name is Lori Bears. I live at
402 South Gilbert Street. And first of all I'd like to say thank you for
Mike O'Donnell. I apologize ifI was kind of rambling on the day and
I'm glad that he did talk to me about SEATS and I would like to say
one thing that we would be open to having City Council people come
and talk with us and the Board of Supervisors and hopefully we can
make a big discussion and see what we can do.
O'Donnell: I would be very glad to come talk with you. I'm there.
Bears: Thank you.
Lehman: Thank you, Lori.
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ITEM 5h PLANNING AND ZONING MATTERS.
Consider an ordinance vacating 32,710 square feet of frontage
road right-of-way along the front of the property at 801 Highway
1 West. (VAC02-00001) (Pass and Adopt)
Lehman: Item h. With the Council's permission does this require a motion
to...I'd like to take item h and change the numbering to 8c.
Champion: Moved.
O'Donnell: Second.
Lehman: Alright we have a motion.
(End of tape 02-64, Beginning of tape #02-68)
Lehman: Moved by Champion, seconded by O'Donnell. Discussion?
Kanner: Yeah. I guess I didn't understand this discussion yesterday. It seems
to me that we have to vacate before we would convey. This is putting
it in reverse order.
Dilkes: Well. No, I think we can do...I think what we don't want to do is
vacate if you're not going to dispose of it. And so as a practical matter
even if you resolve to dispose of it...title isn't going to pass unless
you've vacated it. And so if you vote to dispose, you're going to have
to vacate or the transaction is not going to go through.
Lehman: Right.
Dilkes: So, I think this order is better.
Lehman: All those in favor? Opposed? Motion carries.
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ITEM 5i PLANNING AND ZONING MATTERS.
Consider an ordinance changing the zoning designation from
Medium Density Single-Family, RS-8 and Low Density Multi-
Family, RM-12 to Planned Development Overlay, OPDH-20 to
allow 43 elder congregate housing units on 2.12 acres of property
located north of Benton Street and east of George Street. (REZ02-
00009) (Pass and Adopt)
Lehman: Item i is an issue involving Oaknoll and I serve as chairman of their
board and I have a conflict of interest and wilt not be working on this.
Dee will do it.
Vanderhoef: (Reads item).
Wilburn: Move adoption of the ordinance.
O'Donnell: Second.
Vanderhoef: Okay. Moved by Wilburn, seconded by O'Donnell. Discussion? Roll
call. Motion carries 5-1, Pfab negative and one absent.
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ITEM 5j PLANNING AND ZONING MATTERS.
Consider an ordinance changing the zoning designation from
Neighborhood Conservation, RNC-20, to Sensitive Areas Overlay-
Neighborhood Conservation, SAO-RNC-20, for a 0.41-acre
property located at 341 N. Riverside Drive. (REZ02-00004) (Pass
and Adopt)
Lehman: (Reads item).
Champion: Move adoption.
Vandcrhocf: Second.
Lehman: Moved by Champion, seconded by Vanderhoef, Discussion?
Kanncr: This is an aside I kind of like the River Street design. It looks kind of
interesting.
Lehman: Roll call. Motion carries.
Kart: Motion to accept correspondence.
O'Donnell: Moved.
Kanncr: Second.
Lehman: Moved by O'Donnell, seconded by Kanner to accept correspondence.
All in favor? Opposed? Motion carries.
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ITEM 51 PLANNING AND ZONING MATTERS. Consider a resolution
approving the amended preliminary plat and final plat of Wild
Prairie Estates, Part Four, a 35.86-acre, 24-1ot residential
subdivision located north of Goldenrod Drive and west of Duck
Creek Drive. (SUB02-0005)
Lehman: (Reads item).
Pfab: Move the resolution,
Champion: Second.
Lehman: Moved by Pfab, seconded by Champion. Discussion?
Kanner: I have a question that maybe Karin could answer about this. I didn't
quite follow what (can't hear) the City not paying for infrastructure.
There was something about that in...
Franklin: Yeah. That goes way back to when we di&..when we initially did the
development in this area there was at that time we had a
comprehensive plan that had a number of phases. And if you
developed before the phase that was shown in the comprehensive plan
you agreed to pay all costs of infrastructure. That was the case for the
Hunter's Run development because of when it happened. And so there
is an agreement that they will pay all infrastructure costs which has
been one of those infrastructure costs has been the oversize on the
cross streets.
Kanner: Now we say all infrastructure that, I assume, means water and sewer
and then we have a separate fee for add-ons.
Franklin: Okay. What is means is any of those infrastructure costs which
normally would be City costs such as for a trunk sewer, for an arterial
street. In this case, I believe, there was an extension of a trunk sewer
with the west side trunk upgrade that had to occur for this development
to happen. And the oversizing of streets is something that the City
typically picks up and that's oversizing on collector streets. In this
case the development will pick up the cost of that oversizing because
of this prior agreement.
Kanner: And one other question...
Franklin: It's something that we don't do anymore because we don't have the
phasing any longer in the comprehensive plan.
Kanner: Thank you. And then another broader, philosophical question perhaps.
We got about four letters correspondence about wanted bus services on
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the west side, on the east side, on the north side. I think the south was
the only one we didn't get. And I think most of us would like to put it
out there but we keep putting out developments there and then it's
going to take years and years before we get the density where we
could afford bus service. Do we ever talk about asking developers to
chip in for bus service sooner than regular density would allow or City
finances perhaps would allow?
Franklin: We haven't.
Kanner: Is that something that's done in other cities?
Franklin: It's done in other cities. I don't know that it's done in other cities in
Iowa. I think it's something that we would have to discuss it. In other
places it's often part of an impact fee for facilities such as bus service
or schools or parks. I think as you're probably aware there was a
Supreme Court decision in Iowa that we cannot have fees for parks in
the State of Iowa. We can't charge impact fees or anything that is
analogize to impact fees. So I think it's something that we would have
to look at the legalities of doing that in the State of Iowa.
Kanner: I would assume perhaps one way to get around that is to say...is to
amend our comprehensive plan to say we want more extensive bus
service and to say that development happens we want bus service,
Franklin: Even...
Dilkes: That's not going to it.
Franklin: Yeah. Even if we amended the comprehensive plan that's not
necessarily going to do it because in the State of Iowa there's not state
enabling legislation to have impact fees. And so the court has looked
at what we would call impact fees more as taxes and Eleanor please
this is your (can't hear).
Dilkes: The municipality does not have the power of taxation and so the whole
issue becomes when there is a fee imposed that is not for a service
whether that's a tax or not. And then the recent Supreme Court case
involving West Des Moines park fee the court invalidated that on the
grounds that it was a tax. We're in the process of looking at our
neighborhood open space ordinance which is quite different from the
one in West Des Moines so and we will be reporting to you on that.
But, it certainly that Supreme Court decision restricts and does not
expand the ability to impose impact fees.
Franklin: And philosophically if there is an interest on the part of Council to get
into that sort of thing which there may be now or in the future as
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revenues become tighter you can lobby the State legislature for
changes in State legislation. But, that's what may be necessary in the
end.
Pfab: I have a kind of related question. What is the popularity or the
probability of this law being throughout the different states? Is this
something that is Iowa unique? Is Iowa in the majority, minority of
that type of law?
Dilkes: Which law are you talking about? The Supreme Court decision?
Pfab: Right.
Dilkes: Well it would depend on which side of that case you asked probably.
There's a number of arguments that can be made on either side and
which were made to the court. Our constitutional provisions and our
statutory provisions are different than those found in other states and
those all play into the analysis.
Pfab: So it goes back to basically to the way the State was set up at the
beginning - constitution, charter, things like that.
Dilkes: There's a lot of those things involved.
Wilbum: So you're...excuse me Eleanor, you're evaluating right now whether
or not our neighborhood open space would be in violation of that.
Dilkes: It's clearly very different than the West Des Moines ordinance. It does
have a fee component though of dedication cannot be had,
Wilbum: Right, right.
Dilkes: And we are in the process at the Staff level of taking a look at that and
there may be some suggested changes.
Kanner: This is something perhaps in the near future the Council could look at.
I have a lot more questions. For instance, we have other fees and I
assume the Court probably says some are essential services and that
we have a right to charge like tap-on fees perhaps or fire. But I think it
would behoove us to have a little discussion and maybe some question
and answer period on that with our Staff about this.
Pfab: General discussion?
Kanner: Yeah at a work session. One of the things that was brought up
yesterday is fire charging more fee.
Lehman: That's a whole other discussion.
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Dilkes: That's not a problem. That's not...those fees for services are not a
problem.
Lehman: Is there any other discussion of this item? Roll call. (Motion carries)
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ITEM 7 PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATE OF COST FOR CONSTRUCTION OF THE
HIGHWAY 6 LANDSCAPE IMPROVEMENTS 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.
Lehman: (Reads item). Estimated cost $69,100 to be funded with GO bonds.
Public hearing is open.
Kanner: Are we putting trees in there?
Ross Spitz: Yeah. It's pretty low maintenance, but just tree plantings. We're
doing some maintenance on north side of Highway 6 and then new
plantings on the south side.
Kanner: Thanks.
Spitz: Yep.
Lehman: Public hearing is closed.
Pfab: Move the resolution.
Vanderhoefi Second.
Lehman: Moved by Pfab, seconded by Vanderhoef. Discussion? Roll call.
Motion carries.
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ITEM 8 CONSIDER A RESOLUTION AUTHORIZING CONVEYANCE
OF 32,710 SQUARE FEET OF VACATED FRONTAGE ROAD
RIGHT-OF-WAY ALONG THE FRONTAGE OF 801
HIGHWAY 1 WEST, TO DIANE H. WILLIAMSON.
a. Public Hearing
Lehman: (Reads item). Public hearing is open.
Tom Hobart: My name is Tom Hobart and I'm here on behalf on Mrs. Williamson.
About 1991 - and Karin can correct me if the date is a little off, but
we're close - the City approached Carrousel Motors and wanted to
vacate this street and change the access to Carousel Motors because
they felt that it was a traffic hazard or at least it posed a bit ora traffic
hazard. We, obviously, were not very excited about that and nothing
has happened up until the time the Nissan building started to be built
to the side there. Access to that building can and would be except for
this vacation from the road which is in front and the one that is in front
of you about vacation and sale tonight. And frankly this all arose
because the Williamson interest approached the City about vacating a
very short space of that at the west end of it, but nol the whole thing.
And the City said - the Staff said - no we'd like to see the whole thing
vacated. So, discussion ensued and we are at the point now of having
made an offer in consultation - extensive consultation - with the Staff.
That, as you know, does not involve any cash consideration. It does
involve moving this intersection and doing extensive landscaping
which we think - or at least we believe the City, the Staff, believes
will give a...make a safer exit into and out of Carousel Motors and the
new Williamson Nissan building and also beautify the entrance into
Iowa City. Frankly, that ground we don't believe is worth anything. It
can't be built on. It has value only to the tenants to Mrs. Williamson
because they have the adjoining property. I tried to do some analysis
which is in a letter I think was in your packet. It's crude at best and I
understand that, but if this property and I tried to talk about it in
terms of some other vacations that occurred here - at 20 cents a square
foot, 50 cents a square foot, I don't know, but it isn't worth very much.
And we believe the City is getting a great value in the sense of
something that at least the Staff and I think the Council has wanted to
see for a long, long time. So we would urge that you adopt or approve
the sale and then go ahead tonight and vacate the property so we can
go ahead and get started on the new entrance to the auto dealerships.
Thank you.
O'Donnell: Thank you, Tom.
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Vanderhoef: Eleanor, did you say last night that we still have the easement for
utilities in that right-of-way?
Dilkes: There will be a blanket utility easement on the property as part of the
transaction.
Vanderhoef: There are things there now?
Dilkes: I don't know what's there now. I assume there are utilities there, but
we now own that right-of-way so we don't need an easement. When
we convey it we will maintain a blanket utility easement.
Vanderhoef: Okay.
O'Donnell: Okay.
Champion: I don't have any problems with it. I think it sounds like a great idea.
O'Donnell: It's a good (can't hear).
Lehman: Now, let me close the public heating.
b. Consider a Resolution Approving
Lehman: Do we have a motion?
Karr: Do we have a motion to accept correspondence?
O'Donnell: So moved.
Lehman: We have a motion by Mr. O'Donnell.
Champion: Second.
Lehman: Seconded by Mrs. Champion to accept correspondence. All in favor?
Opposed? The motion carries. Do we have a motion?
O'Donnell: So moved.
Champion: Second.
Lehman: We have a motion by Mr. O'Donnell, seconded by Champion to
consider the resolution. Discussion?
Kanner: Well...
Pfab: Okay I believe that it would be better and more open and more
transparent to set a price for the land and if we're going to build a
different entrance to the Highway that the City do that open bidding
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and we would end up with the same thing, but I think it's a lot more
open. And I think we have to be aware of what property belongs to the
citizens of Iowa City and we have to be careful that the citizens are
properly reimbursed for the land that is sold. And as a result I would
not be able to support this at all.
Lehman: Other discussion?
O'Donnell: I am going to support this.
Kanner: Yeah, I...
O'Dormell: We do have an obligation to the citizens of Iowa City to get them good
deal and if we can get an entrance I think it's a great deal. I believe
that to put this parcel ground on an auction block tomorrow we may
have one bidder and possibly two. But I will support this. I think it's
in the best interests of the City.
Lehman: Steven?
Kanner: Well, I think that when we certainly it's an inexact science when we
convey these odd pieces of property to adjacent land owners and
usually it isn't a bidding process, it's an appraisal process. And I
would agree with Irvin, especially in light of what we just heard about
some of the airport accounts and their trading rent payments for some
work done and even though it was done in a positive way perhaps it
wasn't the best accounting principals. I think we need to be above
board. We need to get an appraisal for what this land would cost. I'm
sure it would be much higher than was presented in our literature and
we also need to get an engineer's estimate from our department on
what it would cost to approve the changes that are recommended. IfI
saw an overwhelming need for this approvment that needed to be done
right away I would perhaps say let's do the swap. I don't see that right
here. I think we could hold off. If we can get the appraisal at
minimum cost, we can get the engineer's estimate at minimal cost.
And we can do everything above board working in the interest of the
people of Iowa City. I too will vote against it.
Lehman: Other discussion? Let mejust make a quick comment. Evenifwe
appraised the property and arrived at a price of the property and sold
the property to the Williamsons for the appraised value I think we
would have an extremely difficult time explaining to the people of
Iowa City how we're spending $100,000 putting a driveway into
someone else's property. That is not a public...
Kanner: We haven't had an estimate of $100,000 from our City, Ernie. It could
be less than that.
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Lehman: The point, Steven, the point isn't the money. The point is that in order
to put in the access we'd be putting it on private property - spending
public money on private property. I'd have a real tough time
explaining that. I don't have a tough time explaining to the public that
we have an opportunity to make a much safer intersection. To vest
ourselves of a piece of property that has value to Williamson, basically
has no value to us. But the moving of that driveway has tremendous
value for the safety of those folks using that road particularly when
we're looking at the north airport commercial Cub Foods all that
traffic. That intersection is entirely too close to the Highway and it's
not an intersection that we as a Council can require them to move. So
I have no problem with it.
Kanner: Emie, I always think there are other solutions than just the either/or
that you present. I think there's possibilities of using that land for bike
trail for instance in the future, for building some other...maybe an
information booth we want to have in the future as that gets developed
some other thing. There's a lot of possibilities I think we're passing
those over by going through with this in this manner.
Champion: Let's vote.
Dilkes: The issue here, as you know, is whether you believe as the sellers that
you're receiving fair value. If you do you should vote yes. If you
don't you should vote no.
Lehman: Other discussion? Roll call? Motion cantles, 5-2, Kanner and Pfab
voting in the negative.
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8c. Consider an ordinance vacating 32,710 square feet of frontage
road right-of-way along the front of the property at 801 Highway
1 West. (VAC02-00001) (Pass and Adopt)
Lehman: The next item is going to be h from page 10 we moved. (Reads item).
O'Donnell: Move adoption.
Vanderhoef: Second.
Lehman: Moved by O'Donnell, seconded by Vanderhoef. Discussion?
Pfab: The points I made for the other stand here also.
Lehman: Roll call. Motion carries, 5-2, Kanner and Pfab voting in the negative.
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ITEM 10. CONSIDER AN ORDINANCE AMENDING TITLE 7,
CHAPTER 1, FIRE PREVENTION AND PROTECTION,
ADOPTING THE 2000 EDITION OF THE INTERNATIONAL
FIRE CODE, REGULATING AND GOVERNING THE
SAFEGUARDING OF LIFE AND PROPERTY FROM FIRE
AND EXPLOSION HAZARDS ARISING FROM THE
STORAGE, HANDLING AND USE OF HAZARDOUS
SUBSTANCES, MATERIALS AND DEVICES, AND FROM
CONDITIONS HAZARDOUS TO LIFE OR PROPERTY IN
THE OCCUPANCY OF BUILDING AND PREMISES IN THE
CITY OF IOWA CITY; AND PROVIDING FOR THE
ISSUANCE OF PERMITS FOR HAZARDOUS USES OR
OPERATIONS. (PASS AND ADOPT)
Lehman: (Reads item).
Wilbum: Move adoption of the ordinance.
O'Donnell: Second.
Lehman: Moved by Wilbum, seconded by O'Donnell. Discussion?
Pfab: I have to say I was moved by the arguments that our Fire Department
made concerning our little chimneys that this is the right place which I
think it is. And I think they are in a sort of a way it's a slap in their
face because they basically pleaded here to let's not do this and I
thought they gave very substantial reasons. So I will not be able to
support this.
Lehman: Roll call. Motion carries, 6-1, Pfab voting in the negative.
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ITEM 15. CONSIDER A RESOLUTION APPROVING A CALL TO
ARTISTS FOR A SCULPTURE AT THE IOWA CITY WATER
PLANT SITE.
Lehman: (Reads item).
Champion: Move the resolution.
Pfab: Second.
Lehman: Moved by Champion, seconded by Pfab. Discussion?
Kanner: I don't have that much problems with using the water fronts for this. I
think it's appropriate to use some capital funds or revenue funds for
our...in different public buildings, but I am willing to hold off on this
to get input from the community to see what they feel about this. And
that seems to be the consensus of the Council to hold off on this and
look at some other options for awhile. So we're going to be voting
this down to defer discussion of this and bring it back at a later time?
Champion: (Can't hear), to send it back to the...our advisory...
Lehman: Well would it be appropriate for us to defer this indefinitely with an
instruction to the art committee that they solicit public input as to what
the public would like to see and then come back at whatever time.
Champion: Then I'll withdraw my motion.
O'Donnell: There's no hurry on this.
Lehman: No, no we would take a motion...we need a motion to defer
indefinitely with instructions to the art committee. But we have to
have your motion before we have a motion to defer.
Vanderhoefi I so move.
Lehman: She so move.
O'Donnell: I will so second.
Lehman: We have a so move and a so second and now we have a so-so Karin.
Franklin: As you go through this I would like to have some direction on the
funding to if you could make that part of your record.
O'Dounell: Fine.
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Lehman: Alright. Now...
O'Donnell: Thank you.
Lehman: For the record we have a motion to defer indefinitely and refer this
back to the art committee for public input. Karin has asked us a
question that I think we should address. When this does come back to
us we need to give an indication as to whether or not we feel that the
funding for this should come from the public art fund as we provide
for in our budget or whether it should be done as a part of the water
plant bond issue.
Pfab: I have a suggestion is this something we could work out in a work
session coming up (can't hear).
Lehman: If there's that much to talk about. I mean I don't know how strongly
people feel about it.
Pfab: Because how...what do we have any solutions laying right here now
that we want to...
Lehman: We have a public art fund that we budget every year. Do we want to
take it out of that fund at some point or would we prefer to take it out
of the construction project for the water building which would be
repaid by user fees? I guess that's basically the question.
Pfab: I'm...I think it's something that it would be a good idea to discuss. I
don't think that we need to spend a lot of time, but I don't know if
we're ready to discuss it tonight.
Vanderhoef: Well, I'm ready to discuss from my part. I was on the Council when
we put the water plant vote to the Council and at that time there had
been discussion about art fund and project and the Council at that time
went on record that they would not support public art with water
funds. And I will continue to not support it with water funds which we
will use. In my mind we should be using the money allocated to the
art committee.
Lehman: Okay. I would concur with Ms. Vanderhoef on that. We're just going
to give an indication to Karin. Three that would indicate that.
O'Donnell: And four.
Lehman: We have four.
Pfab: I was just going to say is there any other possibilities. I mean I don't
know. I'm neutral on it, but I support where Dee is coming from. I'm
not sure if water users if that should be part of the enterprise.
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Champion: Maybe we could put a little blurb down at the bottom of the water bill
if you're willing to donate a dollar to an art project for the water plant.
Kanner: Actually that's not so outlandish in the sense that...
Champion: It's not.
Kanner: ...the income tax has a check off fee and that might be a possibility,
but Dee, partially an answer to your statement I think the Council also
said in lieu of taking a certain percentage of capital project we would
set aside $100,000 a year and Council has changed that. So, certainly
we could take into account the history of previous Councils, but I
don't think that binds us. And I think I'd like to hear from the
community a bit to see if they would mind us taking out of the revenue
fund from the water to pay for art work out there. I think it might be
appropriate and before we rule against it I'd like us to have some
discussion and input from the public.
Lehman: Karin, when you go back to your committee I think there's an indicate
there's some concern on the part of the Council as to how the funding
is going to take place. I don't think we've come to any definitive
conclusion although it appears there are more that don't support taking
it out of the water plant than do, but I don't think that's the final
answer. But...and I don't think you're going to be back to us next
week or anytime real soon. So...all those...I'm sorry.
Champion: I have another suggestion. I mean I know it sounds crazy, but a lot of
people pay their water bill automatically and you get a dollar off when
you do that. Maybe people who do that would be willing to put that
dollar into the art fund. I don't know how we could explore the
possibilities of getting some money that we wouldn't be bonding for.
Is that just ridiculous?
Lehman: We can examine those...
Champion: I would give them my dollar (can't hear) pay.
Lehman: Alright fine you got a dollar a month...
O'Donnell: Would you put in mine?
Lehman: ... from Connie.
Pfab: It's taken care of.
Lehman: May I suggest that we can perhaps deal with this issue when it comes
back. All in favor of defening this indefinitely say aye. Opposed?
Motion carries.
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ITEM 16. CONSIDER A RESOLUTION APPROVING THE 2002-2003
DEER MANAGEMENT PLAN FOR IOWA CITY.
Leh (Reads item).
O'Donnell: So moved.
Pfab: So moved. Second.
Lehman: Moved by O'Donnell, seconded by Pfab. Discussion? Ijust...I'm
sorry go ahead Steven.
Kanner: Well did you have a question?
Lehman: I don't have a question I just really want to compliment this group of
folks who for the last several years have had a very, very difficult job.
They have been criticized as was the Council on for two or three years
because of conclusions they reached. I think it's pretty obvious from
the present condition of the deer population that the decisions made by
that committee over the last three or four years have been good
decisions and I would hope that the decision this year where they
choose not to sharpshooters again another one of their good decisions.
Steven?
Kanner: I had a question and a statement about this. One there's talk again on
page 237 of our packet about some proposals and I wanted to ask
Karin about one of those because they have to do, I think, about
planning and zoning. One was ideas for future consideration alter City
landscaping requirements and fencing regulations in areas likely to be
subject to deer damage. I was wondering if you could detail what
some of those proposals might be - what they might look like?
Franklin: Well, as you know we're doing this development code review and one
of the things that Lisa Mollenhauer has suggested is that we include in
that - in our screening requirements the ability to use deer resistant
plants as part of the screening requirements. And that's one thing that
we can do. I mean right now it's arborvitae which isn't always the
most attractive thing and there are some other evergreens that we will
get advice from one of the members who's on the deer committee
about what kinds of plants to use that are deer resistant. So that's one
of things that we talked about in relationship to that.
Kanner: And fencing?
Franklin: What was the fencing? Phraseology again?
Karmer: The fencing City...alter City landscaping requirements and fencing
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regulations in areas likely to be subject to deer damage. I guess maybe
allowed to be higher I would suppose.
Franklin: That...it may be a height requirement.., or well requirement - fencing
are optional in most cases except if you're screening between
commercial and residential. I mean fencing is one option there. And
that's not the problem...usually the areas where you have problems
with deer it's in residential areas where fences are an option.
Kanner: I suppose it has to do with height.
Franklin: Yeah. The height restrictions that we have now there's front yard
restrictions that we have some problem changing in that you don't
want to get your fence so high in the front yard that you have visibility
issues particularly on comers. I haven't looked at it yet, Steven. I
mean we haven't been approached explicitly by the committee about
this. I am assuming that there will be some contact between the
committee and my department of the Planning and Zoning
Commission regarding these issues to carry out the plan.
Pfab: I have a question, is there any work that can be done in the area of
development - basic development to make it easier for the deer to get
around and less...
Franklin: Well, for instance in the Scott Boulevard project there is a culvert that
is included in that project which will be a way in which deer can get
under Scott Boulevard. When we talked about the trail last night with
218 that's another opportunity and as you put that along low lying
areas or stream corridors that's where deer are likely to be moving
anyway.
Pfab: So, that somewhat corresponds.
Franklin: It's in our thinking in terms of our capital projects. We don't have a
requirement in our subdivisions at this point.
P fab: Okay.
Lehman: Thank you Karin.
Kanner: Thank you Karin. I had a question for Steven. Excuse me. And
another statement. There was a report from While Buffalo - ! believe
it was from them - as part of this report. They talked about zone 6 and
there being significant illegal hunting going on in that. And I was
wondering - zone 6 is near Clear Creek - and I was wondering if we
had any efforts to stop that and if you had any thoughts or could look
into that perhaps?
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Atkins: Certainly, I could certainly get you an answer as to what the
cimumstances were in the zone 6. I remember she told me when we
were discussing it in general terms there were some areas that there
were some concerns about illegal hunting. I did not know the zone 6.
Vanderhoef: Part of that is where we have mixed ownerships. We have Coralville
and the University which is part of Finkbine and there is an apparent
crossing place across Highway 6 from the golf course over going
towards the peninsula where the deer (can't hear)
Atkins: Oh, that's right.
Vanderhoefi And there's an increased problem with auto-deer conflicts in that
location because who's expecting a deer to pop out in the middle of
Highway 6, but it's happening out there. So this is, in my mind, this is
one of those places where we need to keep in contact with all the folks
to see what's happening and how we might control this area.
Kanner: Well, I think in the future that's a good thing to do. In particular
concern is this possible illegal hunting and it could be very dangerous.
That's up near the camp - the former camp. Is that Camp Cardinal, I
guess?
Vanderhoef: It goes all the way out there.
Kanner: People biking or walking in there and there could be a hunter in there
with a gun or bow-and-arrow. And we need if there's some parts that
is legal that's Coralville we need to mark it off and we need to make it
plain where it can happen and where it can't and people should be
aware that this might happen.
Atkins: I'll get you something in your packet kind of summarizing this.
Lehman: Okay.
Pfab: Just a comment if it's possible that deer are coming up on the road I
mean I've driven out in the western states and what they do is fence
and area - so a high fence so they decide to go around it because they
can't jump over it. If that is where they were crossing because you
didn't expect it to.
Kanner: Finally, I wanted to mention two items that particularly stand out for
me and I think are very positive aspects of the deer management plan
for 2002-2003 on page 231 number 3 the task force will work with
City planning staff to establish effective procedure for timely
assessment of the impact of annexations and potential development on
wildlife. And then number 5: the City of Iowa City will continue to
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inquire from qualified scientists the feasibility of a deer contraceptive
pilot project or program in Iowa City. So I'm going to be voting for
the management plan.
Lehman: Okay. Let's vote. Roll call. Motion carries.
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ITEM 17. CONSIDER A RESOLUTION AUTHORIZING THE
APPLICATION FOR TRAFFIC SAFETY IMPROVEMENT
GRANT FUNDS FROM THE IOWA DEPARTMENT OF
TRANSPORTATION FOR THE ADDITION OF A TWO-WAY
LEFT-TURN LANE BETWEEN GILBERT STREET AND JUST
WEST OF JOHNSON STREET AND THE WIDENING OF THE
BRIDGE NEAR VAN BUREN STREET FROM FOUR TO FIVE
LANES ON BURLINGTON STREET.
Leh (Reads item).
Pfab: Move the resolution.
Vanderhoef: Second.
Lehman: Moved by Pfab, seconded by Vanderhoef. Discussion?
Vanderhoef: As we talked about last night this is one of those projects that if the
DOT doesn't have safety funds for us for this year I would be willing
to defer this another year in hopes of getting that funding. I would
much rather see that lane put in rather then us just put our own money
in and keep the bridge at the same width presently.
Champion: Well, we will find out how high up on the list we are with that money
and then we can make that decision.
Lehman: This is just the resolution authorizing the application.
O'Donnell: Absolutely.
Lehman: If we get it fine, if we don't we'll deal with that issue later. Other
discussion?
Kanner: Dee, I have some other positions on this. I have a concern. When we
tend to widen roadways the standard engineering maxim you build it
they will come and you end up with the same type of problems. And
I'd like us...I might end up voting for this, but I'm still a little wary
about going to five lanes which will, I think, increase the traffic there
and I have to believe that there are other ways to improve safety
beyond putting in more lanes into a street.
Pfab: I think in general terms you are correct, but I think these people have
already come.
Lehman: They're already there. They're already there.
Pfab: If you build it they will come I think these people are here so they're
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coming so I think we better build this.
Kanner: I think there's ways to...you get more actually coming in from other
areas to fill up a passageway. But there's ways...if you look at it from
the other end to reduce...what are methods to reduce traffic. You start
from that premise. It's a whole different philosophy.
Pfab: Yeah. I agree with you, but I think this situation here is something that
is needs to be...we need to act on it as soon as we can whatever time
that is.
Kanner: Well (can't hear) with other methods.
Pfab: I'm not saying you're wrong. We've got a problem.
O'Donnell: I think we need to vote on this.
Lehman: If no other discussion roll call. Motion carries, 6-1, Kanner voting the
negative.
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ITEM 18. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR
TO SIGN AND THE CITY CLERK TO ATTEST THE FY2003
AGREEMENT BETWEEN THE CITY OF IOWA CITY AND
THE CITY OF UNIVERSITY HEIGHTS FOR THE
PROVISION OF TRANSIT SERVICE WITHIN THE
CORPORATE LIMITS OF UNIVERSITY HEIGHTS.
Lehman: (Reads item).
Vanderhoefi Move the resolution.
Lehman: Moved by Vanderhoef.
O'Donnell: Second.
Lehman: Seconded by O'Donnell. Discussion?
Champion: I have just one question. I don't have any problem with the whole
contract thing, but how would this effect our SEATS arrangement?
Would we then be obligated to provide SEATS to University Heights
or would they have to provide SEATS?
Atkins: There's an obligation to provide SEATS. (Can't hear) University
Heights obligation.
Champion: Okay.
Atkins: It's public transit service provided by Iowa City in University Heights.
They agreed to the fixed route system.
Champion: I know they contract with the County.
Lehman: But, they would have to contract with us just like they have to with the
bus.
Champion: Okay, but they don't become our obligation?
Atkins: No.
Champion: Okay.
Pfab: So in other words there are two separate contracts then?
Atkins: There would be eventually.
Pfab: Okay. This always puzzles me. It looks to me like we should do is
take the same arrangements and let University Heights run the bus
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system and maybe we could hire them. I think the rates look pretty
good.
Lehman: You work on that Irvin. You work on that.
Pfab: I think then we could work out a really good deal.
Lehman: When you get that worked out just call me we'll put it on a work
session.
Pfab: Okay.
Kanner: What did you say?
Pfab: It looks like it's an awfully good deal for University Heights. And
maybe
(End of side 1 Tape #02-68, Beginning of side 2)
Kanner: How do we figure out prices?
Atkins: It's a calculation. There is a couple...the basic service is on Melrose a
couple of stops.
Champion: That's right.
Atkins: And rather then drive through we stop and in order to stop and let
people on and off University Heights pays for that service.
Champion: It's only two stops isn't that correct?
Atkins: I believe it's only two stops. Only two stops for University Heights
for transit?
Champion: Well, it's fine.
Lehman: In any event.
Atkins: Not a whole lot more.
Lehman: The 4.16 increase over the last agreement.
Pfab: Okay.
Lehman: Roll call. The motion carries.
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ITEM 19. CONSIDER A RESOLUTION AWARDING THE VEHICLE
TOWING AND STORAGE SERVICES CONTRACT TO BIG 10
UNIVERSITY TOWING, INC.
Lehman: (Reads item).
Champion: Move the resolution.
Pfab: Second.
Lehman: Moved by Champion, seconded by Pfab. Discussion?
Kanner: Can we fix the towing in with the SEATS maybe combine them in
some way?
Lehman: I think we'd better vote on this one before.
Pfab: I think we better not go down that road right now.
Lehman: Roll call. Motion carries.
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ITEM 20. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR
TO SIGN AND THE CITY CLERK TO ATTEST A CHAPTER
28E AGREEMENT FOR EMERGENCY RADIO
COMMUNICATIONS BETWEEN THE CITY OF IOWA CITY,
IOWA AND THE UNIVERSITY OF IOWA.
Lehman: (Reads item)
Vanderhoefi Move the resolution.
Pfab: Second it.
Lehman: Moved by Vanderhoef, seconded by Pfab. Discussion?
Kanner: I had some questions. It was a little confusing for me. Are
they...they're paying $121 per radio. Are they paying initially for the
800 megahertz radio trunking system also? Or is that to be negotiated
in September? I didn't quite follow it. It said some things are being
negotiated in September - the lease arrangement.
Atkins: I can't answer that for you Steven. Sorry.
Kanner: I didn't read it till today about that so I apologize for not asking it
yesterday.
Atkins: Eleanor you have any familiarity with that? I just don't know.
Dilkes: Yeah, I'm looking at the agreement. There's a provision about sharing
of future costs necessary to upgrade the retaking radio equipment
system.
Atkins: I made the assumption that in this agreement there's language that
allows us to pass along on a proportionate basis a share to them as we
put in upgrades which were, you know, periodically. I think maybe
Steven that's what they're...what's being suggested here. It seems to
make sense.
Dilkes: Yeah, I think that's right.
Pfab: In a sense you negotiate them because at this point we don't know
what the future costs are.
Atkins: But, they have an obligation to share in (can't hear) of them and when
we do put an upgrade in the system.
Pfab: That's why the term negotiation comes in rather than just...
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Atkins: I believe that's the answer.
Kanner: Well basically though we're charging them $121 plus possible future
improvements.
Atkins: Upgrades.
Karmer: A pementage of that.
Atkins: And that would be the same with 21 then also.
Lehman: Right.
Atkins: The same principals apply there also.
Vanderhoef: Yes.
Kanner: Then how does that fit in with Andy's vision or strategic plan for the
Fire Department and one (can't hear) communication system.
Atkins: Andy's vision and I think the general vision is that it would be nice to
have one dispatch center for all public safety services. It's a fairly
common practice particularly in large metropolitan areas having
served in a suburban community there was seven or eight communities
get together and you have one dispatch center and it takes care of it for
everybody. In our case for example here in Johnson County I think we
have 11 different fire departments. Some of them we use I'm sure
most of them go through Johnson County. Then there's paging
systems and it's j ust...if you could have it all under one roof, one
administrator, one responsibility. I'm sure that's Andy's vision.
Pfab: I think one of the advantages that Andy's vision is that's there a lot
less repeating and a lot less chances of messages getting garbled and
misunderstood.
Lehman: When I was in Washington...
Atkins: I think that's correct Irvin because remember the emergency
committee which you sat on that was an issue I believe not too long
ago.
Lehman: We visited in January with Congress trying to...we are...we have an
application for funding for a radio system for the entire County. I'm
sure it's not clear up at the top, but we have made that pitch and I'm
sure that we will continue to do that. But it's expensive enough that it
would be very nice to get some Federal assistance and funding.
Atkins: There are very nice things to talk about, but lots of turf issues occur
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with respect to dispatch centers.
Champion: Well, if we didn't have one...I'm sorry. If we didn't have one at the
Sheriff's Department we could have another jail cell.
Lehman: Okay.
Kanner: Is this the first step of moving along in that direction? This sharing of
the 800 megahertz or is it something totally separate?
Atkins: No, we've been doing that. The issue ofregionalism with respect to a
dispatch center is a completely separate issue. This is substantially
continuing the current practices. It doesn't preclude us from the
regionalism but it also...but it does reestablish to relationship we have
now with other jurisdictions with dispatch.
Lehman: Basically it improves...
Dilkes: In this agreement essentially as I understand it the University uses our
system and pays us to use our system. It's not a coordinated issue.
Atkins: It's just the use.
Dilkes: It's just the use of our system.
Kanner: So eventually this system - this hardware - could be part of a
coordinated system with one administrator in theory right?
Atkins: Yes in theory that could occur. And that would be a very desirable
goal. Just lots of hurdles to get there.
Lehman: Roll call. Motion carries.
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ITEM 22. CONSIDER A RESOLUTION REJECTING BIDS RECEIVED
ON AUGUST 6, 2002 FOR THE 2002 CURB RAMP PROJECT
AND RE-BIDDING THE PROJECT, DIRECTING CITY CLERK
TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING
THE TIME AND PLACE FOR RECEIPT OF BIDS.
Lehman: (Reads item).
Vanderhoef: Move the resolution.
Pfab: Second.
Lehman: Moved by Vanderhoef, seconded by Pfab. Discussion?
Kanner: Yeah. I have a question about this in relationship to item number 25
which we're being recommended to approve. Why...which seems to
be...the bids seem to be significantly higher also for 25 outside of that
10% range.
Atkins: Let me try helping you out on this.
Vanderhoef: That letter was in there...did you see the letter?
Lehman: There's a letter.
Vanderhoef: A letter that explains why.
Kanner: Behind 25?
Lehman: Yeah.
Atkins: And if I can just step you through it.
Kanner: Okay.
Atkins: The reason we did the curb ramp and as you can see we want to go
back out immediately. It is not uncommon for this time of the year to
find a great deal of difficulty getting cement concrete folks. We were
surprised if you noticed there's no local...there's not even anybody in
the neighborhood bidding on the thing. It's a bid out of Minnesota.
We would like to go back out. We hoping...we will talk to some
perspective bidders and we like...you know we always prefer more
than one. We're not surprised. We just have trouble getting
contractors this time of the year because it is very, very busy. And this
is not the world's best work. I mean there's like 62 different locations.
You move, set up, move, set up and that also drives the cost up. A lot
of folks can make their concrete money a lot easier than doing these
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jobs. Excuse me, Irvin. Yes?
Pfab: Isn't there a number of these projects going on now?
Atkins: We have some work that we do with City crew. You may see them
out doing curb repair and that's...
Pfab: Because I remember a number of areas...
Atkins: Yeah and you'll see them out and about.
Pfab: Okay.
Atkins: Now in 25, if I can just jump ahead, the difference there is when we
look at the base bid if you'll notice you can virtually put your thumb
over the bids. We just think, quite candidly, we underestimated it
because the market clearly is between $40,100 and $42,500. We got
three bids on the thing. That's why we're willing to recommend that
one rather than go back out. Okay?
Kanner: So when are you going to re-bid the one we're voting on now for the
curb ramp?
Atkins: Due in on the 17th of September. There's still plenty of time of the
year to get the work done.
Lehman: Okay. Roll call.
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ITEM 23 CONSIDER A RESOLUTION AWARDING CONTRACT AND
AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION
OF THE VOICE COMMUNICATIONS PHASE 2 OUTSIDE
PLANT PACKAGE PROJECT.
Lehman: (Reads item).
Pfab: Move the resolution. Go ahead.
Lehman: Well we should probably get the resolution first. The estimate was for
$555,756. We had four bids. The low bid was $528,600. The
recommendation is that we award the bid to Gabe's Construction of
Sheboygan, Wisconsin for the $528,600.
O'Donnell: I've never...
Lehman: We have a motion. Do we have a second?
O'Donnell: I second.
Lehman: Thank you. Go ahead.
O'Dormell: The range in these bids...
Champion: Oh my gosh. It's amazing.
Lehman: Unbelievable.
O'Donnell: ...is just incredible.
Atkins: Gary and Kevin in the audience I mean it's a pretty technical bid and I
would prefer...we were very surprised.
O'Donnell: I mean (can't hear) $400, 000.
Vanderhoefi Do these surprise you?
Kevir~ O'Malley: They surprised me, but we do have our consultant with us tonight
Michael Meister. He's our communication consultant. He can explain
how these firms operate in the scale.
O'Donnell: I don't think that's...
Champion: I really don't even know what this is about.
Lehman: Well all I know is that the bid that you're recommending is within the
consultant's estimate which is good enough for me.
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Pfab: That's why we could listen to the consultant.
O'Donnell: Looks like a very good bid.
Atkins: This is the stringing...in fact stringing wire underground connecting
all the municipal (can't hear). We talked about it...
Champion: I thought that's what it was, but I wasn't...
Atkins: ...a month ago at the last meeting. I'm happy to go over it again.
Champion: No, that's not necessary.
O'Malley: In a nutshell I think how Mike explained it to me was the other bidders
are larger companies and for them to come into our State and set up
their set-up costs are quite significant versus this bidder from
Sheboygan. He's a middle range company and that's. We did have
one other bidder who was disqualified due to a late bid and he
was...and that company was around $528,000. So we did have a
couple in that range.
O'Donnell: Okay. Thank you.
O'Malley: If there are any other technical questions Mike is here to answer them.
Champion: Well I remember we approving this, but I really...I'm really not good
with technology and wires. I'll take your word for it.
Lehman: Don't let us ask you technical questions.
O'Malley: Okay. Thank you.
Lehman: Thank you. Roll call.
Karmer: Thanks for coming.
Lehman: Motion carries.
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ITEM 27. COUNCIL APPOINTMENTS.
Lehman: Item 27 are Council appointments. Airport Comxnission last night we
agreed to appoint Baron Thrower to the Airport Commission. Historic
Preservation Commission we have agreed to appoint Mark McCallum
to that commission. Housing for Community Development
Comxnission one appointment to fill an unexpired term which is for
Morgan Hoosman is that correct?
Vanderhoefi Yes.
Lehman: And a one year term to Mark Edwards. Do I have a motion approving
those?
Karr: The unexpired one year is Morgan's and the full three year is Mark
Edwards.
O'Donnell: So moved.
Kan': Is that right?
Lehman: I think. Okay. We have a motion to that.
Vanderhoef: He read them in reverse order.
Lehman: That's because I wrote them that way. All right.
O'Donnell: So moved.
Lehman: Moved by Mike O'Donnell.
Champion: Second.
Lehman: Seconded by Champion. Discussion? There is no discussion. All in
favor? Opposed? Motion carries.
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ITEM 28. CITY COUNCIL INFORMATION.
Lehman: City Council information.
Pfab: I would just like to make a comment. I was observing where the
railroad is upgrading a crossing on the street...on Dubuque Street on
the street between Kirkwood and the tracks up above and they're using
concrete in between the rails (can't hear). Looks great. I hope it holds
up.
Lehman: Is that pre-stressed or is it (can't hear).
Pfab: It appears it...they're putting it in in slabs.
Lehman: Yeah, I bet it was pre-stressed (can't hear).
Vanderhoef: Can we read this for first reading?
Karr: It was...it's not first...
Vanderhoefi Is that the resignation?
Karr: We've added it to the agenda.
Vanderhoef: Okay. I missed it on the agenda.
Karr: We've added that was read.
Lehman: As part of the consent calendar?
Karr: No, 28a is current vacancies.
Kanner: (Can't hear) announced vacancies. Perhaps you could just add that
now, Emie.
Vanderhoef: We've had a resignation.
Kanner: We got it in our packet.
Lehman: Oh, I'm sorry.
Karr: It's under Item 27. (Can't hear).
Kanner: Second page of this agenda that we got here.
Vanderhoef: The additional one that came out tonight.
Lehman: I'm sorry we'll do that. (Reads current vacancy). Okay now Council
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information.
Vanderhoef: Thank you.
Lehman: We've started. Anything else, Irvin?
P fab: That' s it.
Lehman: Connie?
Champion: Somebody mentioned to me and (can't hear) Parks and Rec is that they
would like to have and think it would be used a handicap accessible
place on the river to fish like an accessible pier or somewhere
preferably in City Park. Have we ever talked about that?
O'Donnell: That's a good idea.
Vanderhoef: What does the dock area look like near the boat...?
Wilbum: The boathouse.
O'Donnell: There' s no...
Champion: There's no...it's a boat ramp.
O'Donnell: It's not very safe.
Lehman: That's an issue that would have to be dealt with.
O'Donnell: Something we could talk about.
Atkins: I think the question would be and I am not a fisherperson that you are.
Lehman: We are not going to provide free transportation to Canada.
Atkins: Where's the spot that you can fish? I mean we can certainly, you
know, build a little outcropping where folks could easily get...I mean
that's not out of the possibilities.
Champion: It wouldn't take a lot. It would have to have some sort of protection so
the wheelchair wouldn't go out into the water.
Atkins: My question is where do you do this?
Vanderhoef: Under the Burlington Street bridge where the trail goes down if there's
someway we could access off of that trail that seems to be a popular
fishing area.
Lehman: That is probably impossibility for disabled people to get down to the
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river level under the Burlington Street Bridge.
Atkins: Getting them down there.
Lehman: That's hard enough for folks who are able bodied.
Champion: Maybe Park and Rec would have more...
Lehman: That would be a good idea.
Kanner: Yeah, but that's a creative idea. I think Parks and Rec will come up
with some good ideas.
Atkins: We'll send...I'll send something over to Terry ask if maybe he can
take a look at it.
Champion: Yeah. Okay. The other thing is I meant to mention it last night but we
were to tired, but I think last night was a very long drawn meeting and
I really want to compliment all of us that I think we gave real attention
to all those agenda items despite the fact that we were exhausted and
wanted to leave. And I don't think we, as a Council, worked that well
together that often. And I was just proud about that. The other thing
is this is something I'll mention and maybe you can follow up on it,
but you know I use the new parking ramp Tower Place...
Atkins: Tower Place.
Champion: Is Clock Tower in Coralville?
Atkins: Clock Tower is in Coralville.
Champion: Okay.
Atkins: And Tower Place is ours.
Champion: Okay. And I really do think we need stop signs by the exit where cars
exit. I think Mr. Kanner brought this up when they were designed that.
I think we've got a pedestrian danger there. When you come out of
that parking ramp you can't see the sidewalk and I think cars need to
stop and look. And I was just coming out of somewhere else today
where you had to stop when you got to a point so you could look or
mirrors or something.
Atkins: You know we have the...what you call it...little barrier that forces
pedestrian out further.
Champion: It may just be the right hand side one because that's the one I exit on
because I have a permit - it's not manned. And I actually have started
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avoid to using it. I use the middle one because I'm very
uncomfortable with pulling out.
Atkins: Let me ask Joe what kind of...
Lehman: Check that.
Atkins: I mean if he's had any other...I had one some time ago the same
question.
Pfab: It looked to me as I walked by there at different times and it looked to
me like the barriers should almost take care of that.
Atkins: And that was the intent of the design, Irvin.
Champion: It'snot quite enough. It'snot. Ifyou'reusingfarrightoneexit.
Atkins: I'll ask Joe and we'll report back to you.
Lehman: Okay.
O'Donnell: Just a couple things. I agree with you Connie last night was a long,
grueling meeting and I sensed everybody got along fairly well too.
But it was a long time and many things were covered last night. My
second one again deals with fishing. Councilor Tom, Gill and I -
Tom's in Coralville have been working on the Great Fish off. And
what we're trying to do is get three Iowa City Councilors plus the City
Manager whose fishing ability is legendary I understand.
Atkins: Yeah. You're right.
Lehman: Who Steve or Kelly?
O'Donnell: We're going to have three Coralville Councilors plus their City
Administrator and have a pitching contest and I understand it will be
covered by Sports & Field.
Lehman: Field & Stream.
Kanner: I heard Sports Illustrated.
O'Donnell: Have you read about it?
Lehman: Steve's going to wear his swimsuit?
O'Donnell: But this will be a lot of fun and I'm looking forward to it.
Lehman: Where is it going to be?
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O'Donnell: We're thinking of the...
Champion: Canada?
O'Donnell: Not Canada...the crosswalk we're going to be building by River
Power over in Coralville.
Atkins: After you told I decided I'm not going to do that.
Lehman: I believe we could (can't hear).
O'Donnell: (Can't hear) more to come.
Pfab: What portion of the liars' content is this in?
O'Donnell: Well there will be pictures and I'm sure...
Champion: Can we bring a rubber fish?
O'Donnell: We hadn't discussed that yet. We'll be working on the details.
Vanderhoefi Mine will be thawed by the time I take it out of the freezer and come
down and drag it in the river for awhile.
O'Donnell: Now we have to get serious on this because this is serious.
Atkins: Mine will have dill sauce at Givanni's.
O'Donnell: Okay.
Lehman: Dee?
Vanderhoef: I have nothing this evening.
Lehman: Ross?
Wilburn: I just want to comment elaborate on a couple comments that I made
last night that came up with the racial profiling study results that we
were presented. And, you know, just to let folks know racial profiling
it is a very emotional obviously and in some cases controversial issue
there regardless of what we do or say or find. And regardless of
whatever study occurs that there's some folks that will believe it exits
and there are some folks who will not believe it exits what-so-ever. In
terms of the study itself what the folks from Louisville did. They did
what we asked. We asked them to do a secondary analysis of
information that we collected - our law enforcement collected. They
came in; they made some recommendations, revised the instrument,
and did some training on helping our law enforcement staff fine tune
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what they were doing. People have, can, and will draw their own
conclusions about the issue of racial profiling. Collecting this
information represents one piece and one tool that we have in working
to provide protection for the public and for the officers. You know it
began with the Department working to develop this instrument and
exploring the idea of some sort of self evaluation. It continued on with
Council adopting a resolution against racial profiling. But it also
includes things like filing complaints with our Human Rights
Commission, the TCRB, and even logistical things like video cameras
that we have mounted on our police vehicles. Again collecting the
data and having an assessment done represents one tool that can help
the Chief, the City Manager, and Council look at this issue in addition
to other issues. And I just ask the public, you know, the report is out
there, you know, our folks from Louisville are going to respond to
some concerns about the methodology that were brought up. The
press has in today's paper reported, you know, they looked at the
report and drawn their own conclusions. And I ask the public as you
draw your own conclusions consider some of the things that we are
doing better only being done in a few cities in the State and in some
cases no one else is doing them. And, you know, use that in
determining your actions in response to the City Council and law
enforcement and what we're trying to do. And then gage that against
your energy and efforts in talking to other jurisdictions in the County.
Thank you.
Lehman: Thank you, Ross. Steven?
Kanner: A few things. One I participated in a couple events from the Irvin
Weber Day/Week and I think it's a great event. And the ones I went to
were the downtown walk with John Shaw looking at downtown
architecture and the effect of automobiles through the decades and
how that's "driven" development in our area. And there was a big
crowd of about 50 or 60 people there that took off. And then the other
event was bleeding black and gold - a look at African American
athletes at UI that was held at the Iowa Historical Society. And I
found that very interesting to learn about such UI athletes as (Can't
hear) Slader and others that participated at UI. So again thanks to the
City and other people that helped put that together every year. We've
been doing that for a few years now. There's a few award ceremonies
that are coming up and they're still looking for nominations. One is
the Iowa City l-Iuman Rights Commission Human Rights Award. And
there's a number of different categories. There's business,
international human rights advocates, individual. If you're interested
in the community please call the Civic Center or come on down and
we'll send out a nomination form. The more nominations we get the
stronger this is going to be. And another awards ceremony that's
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happening that's being sponsored by the Chamber of Commerce and
they have a number of different categories they're looking for
nominees. Agricultural awards, economic development, technology
innovation, local government, volunteer, small business. And if you
want the Chamber to be all inclusive we need people from the total
community to send in nominations for the committee to consider.
Another event that's happening this Friday and Saturday is the annual
national (can't hear) for the mentally ill garage sale. It's a great place.
I recommend it at Old Brick. This Friday and Saturday. 1:00 to 6:00
on Friday. 8:00 a.m. to 3:00 p.m. on Saturday. A lot of great deals in
there. Clothing, music, you name it, they got it. And then also I'm
having office hours this Saturday. Monthly office hours in the Civic
Center from 10:00 to 12:00 noon this Saturday the 24th in the Civic
Center lobby. So come on down and let's talk if you've got an issue.
18-year-olds in bars, public power, economic development, the Cubs,
the Reds, we'll talk about it. And then finally I wanted to announce
that another event will be taking place the last Friday of each month at
4:59 at the Ped Mall we'll be having a critical mass and that's a
gathering of bicycle riders on the streets of Iowa City riding bicycles
following the laws of the City in order to promote bicycling and
alternative modes of transportation. We tried it a few times and we'll
see if we can get some more numbers. So come on down the last
Friday of each month at 4:59 p.m. at Dubuque and Washington for
critical mass. Thanks.
Lehman: One thing. Last night we spent a great deal of time visiting with the
Airport Commission. One of the really big events at the airport
happens Sunday - the Sertoma fly in. That's a wonderful event.
There are thousands of people who go down and have breakfast with
their children and their grandchildren, their aunts and uncles and
whatever. It's a very reasonably priced breakfast. A lot of fun. A
great show-off opportunity for the airport and I would certainly
encourage everyone who has the opportunity to go down and enjoy the
food, fun and fellowship. A lot of fun.
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