HomeMy WebLinkAbout1997-01-14 AgendaSubject to change as finalized by the City Clerk. For a final official copy, contact the City C/erk's Office, 356-5040.
AGENDA
CITY COUNCIL I~EETING
January 14, 1997 - 7:00 p.m.
Civic Center
ITEM NO. 1
ITEM NO. 2
CALL TO ORDER.
ROLL CALL.
SPECIAL PRESENTATIONS.
a. Outstanding Student Citizen Awards
(1) Regina Elementary
(a) Analiese Bendoff
(b) Abby Kuenster
(c) Tim McCue
ITEM NO. 3
ITEM NO. 4
ITEM NO. 5
MAYOR'S PROCLAMATIONS.
. Iowa City Public Library Week- January 19-25, 1997.
CONSIDER A RESOLUTION SUPPORTING THE REVERSAL OF STATE
PREEMPTION OF LOCAL TOBACCO-RELATED ORDINANCES.
Comment: Current Iowa laws on tobacco products preempt local governments
from enacting ordinances on tobacco products. (We enforce the State laws
locally. For example, Iowa City requires that people who are licensed to sell
tobacco products or cigarettes in Iowa City sign a form attesting to the fact that
they have read and understood all the State laws on tobacco sales.) This
resolution asks the Iowa Legislature to enact a law to reverse the State
preemption and to allow cities to have local tobacco-related ordinances. Other
cities will consider similar resolutions, and copies will be sent to the Governor
and the Legislators. // ..... ~__
CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED
OR AMENDED.
ao
Approval of Official Council Actions of the special meetings of
December 16, 1996, and January 6, 1997, and the regular meeting of
December 17, 1996, as published, subject to corrections, as
recommended by the City Clerk.
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ITEM NO. 2 SPECIAL PRESENTATIONS.
a. Outstanding Student Citizen Awards
(1) Regina Elementary
Analiese Bendoff
Abby Kuenster
Tim McCue
Nov/We are going to do special presentations for students from Regina Elementary
School. Would Analiese Bendoff, Abby Kuenster and Tim McCue please come up
and stand on this platform? Okay. I have Abby Kuenster first. Would you like to
read your statement, please.
Kuenster/I feel that I am a good choice for the Outstanding Citizenship Award. At school
I work hard and quietly to maintain my organization and to improve my academic
standing. I lend assistance to my classmates as needed. I am also willing to help
around the classroom. I arrive early at school every morning to give reading
assistance to a second student. I also volunteer my recess time to help with school
projects. I have volunteered my time at church to serve food and to help with the
bazaar. Also at school I have spent time serving food at the Wesley House. For all
of these things I do at home, in school, and in my community, I feel that I am a
good candidate for the Outstanding Student Citizenship Award.
Nov/Very nice. I am going to read the award for Abbey. It says (reads award). Complete
with gold seal and everything. Hold it up for the camera. Our next student award is
for Analiese Bendoff.
Analiese Bendoff/I think that I am very deserving of the Outstanding Student Citizen
Award. I am a responsible and conscientious student. I finish my assignments on
time and always try my hardest. I am friendly to my classmates and start the day
with a smile. I am helpful and polite. I often ask my teacher if there is anything I
can do to help her and I am willing to do any job that she may have for me. I am
also happy to help my fellow students when they need it. I am a friend to everyone
in my class and work well with all students. I think that I have excellent qualities as
a friend, student and helper and I am honored to be recognized as an Outstanding
Student Citizen.
Nov/Congratulations. Our third citizenship award is for Tim McCue.
Tim McCue/First of all I would like to say thank you and this is really cool. As many of
you may know, I enjoy and am very active in sports such as wheelchair track and
field, baseball and soccer. However, I am also aware of the needs of our
community. That is why I volunteer time at the Wesley House and am very active
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in our church. As many of you here also know, I strive to succeed in the classroom
and according to my friends and teachers, I have done so. There is an opinion of
me from one of my closest friends and peers, Nick . "Tim has been kind to
others, he is very bright and never hesitates to lend a helping hand." So, in
conclusion, I would like to say because of strong community involvement and
strong academics, I fell that I am a good choice for the Outstanding Student
Citizenship Award. Thank you.
Nov/I have to say that all of these students are certainly worthy of the award and we are
proud of all of them.
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ITEM NO. 3 MAYOR'S PROCLAMATIONS.
a. Iowa City Public Library Week - January 19-25, 1997.
Nov/We have two proclamations tonight. One of them is for the library. The library is
celebrating their 100th anniversary in Iowa City and I am not going to read the
whole thing because the library is not here to accept the award. But I am going to
advertise the party on Sunday afternoon. I will urge everyone to go to the library
sometime between 12:00 noon and 6:00 in the evening this coming Sunday and
join the party, celebrate, eat some cake and congratulate our library.
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ITEM NO. 3 MAYOR'S PROCLAMATIONS.
b. Women's Right To Choose - January 22, 1997
Nov/(Reads Women's Right To Choose Proclamation). I believe there is someone here to
accept this.
Delores Nesbitt/I would like to thank the council for passing this resolution and to
acknowledge the support of the city and the community for the Emma Goldman
Clinic for Women. I encourage all of you to call and visit the clinic to learn of a
wide range of services that the Emma Goldman Clinic provides for the women and
girls of this community and beyond. And I invite you also to the Choice Dinner on
Tuesday, January 21 to celebrate the 24th anniversary of Roe V. Wade and to
honor a very special community member, Galye Sand, who was a founding
member of the clinic. This dinner also is a fund raiser for our DeProsse Access
Fund which covers the cost of services for low income women who are not able to
pay for the services that the clinic provides. Again, thank you for this very special
honor.
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ITEM NO. 4 CONSIDER A RESOLUTION SLIPPORTING THE REVERSAL OF
STATE PREEMPTION OF LOCAL TOBACCO-RELATED ORDINANCES.
Nov/Moved by Kubby, seconded by Norton. Discussion.
Lehman/Naomi, I think it is important to point out that the state law will be the minimum.
That we can be more restrictive but we cannot be less restrictive. So I think that it
is important that the public know that we can be tougher than the state but we
cannot be less tough than the state.
Kubby/And thanks for bringing this forward, Naomi.
Nov/Well, this originally came from a friend who works for the American Cancer Society
and w hope that many cities in Iowa will adopt this and certainly others in Johnson
County will because we have heard that they will. Roll call- (yes). Resolution has
been adopted and will be in the mail to the Governor.
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January 14, 1997 City of Iowa City Page
b. Minutes of Boards and Commissions.
(1) Riverfront and Natural Areas Commission - February 21, 1996, through
November 13, 1996. (Henceforth, staff will submit minutes monthly.)
(2;) Senior Center Commission - May 15, 1995, through
8/~ "l~r~L.~ 1.5, 19977(Henc~efort~h, staff,will ,su~bmit minutes monthly.)
(3) Housin9 and Community Development Commission - October 17, 1996.
(4) Iowa City Airport Commission - November 14, 1996.
(5) Iowa City Historic Preservation Commission - December 10, 1996.
(6) Iowa City Planning and Zoning Commission - November 21, 1996.
(7) Iowa City Planning and Zoning Commission - December 5, 1996.
(8) Iowa City Planning and Zoning Commission - December 19, 1996.
(9) Design Review Committee - December 9, 1996.
(10) Parks and Recreation Commission - December 11, 1996.
(11) Iowa City Public Library Board of Trustees - December 19, 1996.
Setting Public Hearings, ~
(1) CONSIDER A MOTION SETTING A PUBLIC HEARING
ON AN ORDINANCE AMENDING SECTIONS OF THE IOWA CITY
PLUMBING CODE.
(2)
Comment: The Board of Appeals has recommended amending the
Iowa City Plumbing Code to allow the use of PEX piping for the
distribution of potable water and the use of PVC piping for
drainage lines under concrete with certain restrictions. The use of
these materials in these applications is currently prohibited. This
amendment should help reduce construction costs for residential
and small commercial projects.
CONSIDER A MOTION SETTING A PUBLIC HEARING~ON~
A RESOLUTION AUTHORIZING THE ADOPTION AND
SUBMISSION OF THE 1997-2002 COMMUNITY BUILDER PLAN.
Comment: The adoption of a Community Builder Plan provides
Iowa City with bonus points when applying for a variety of state
financial assistance programs. The purpose of the Plan is to have
communities develop a database of information on various
components of the community and to establish a plan which
addresses these components. The State requires cities to adopt a
new plan at least every five years. Public input is required, and
any comments received must be addressed in the final Community
Builder Plan.
January 14, 1997
City of Iowa City
Page 3
(3)
CONSIDER A RESOLUTION OF INTENT TO CONVEY A
FIFTY-FOOT WIDE, VACATED PORTION OF LEE STREET RIGHT-
OF-WAY LOCATED SOUTH OF RIVER STREET AND NORTH
OF OTTO STREET AND IMMEDIATELY ADJACENT TO 833 RIVER
STREET TO JOEL AND SANDRA BARKAN, AND SETTING
A PUBLIC HEARING FOR JANUARY 28, 1997.
(4)
Comment: On October 8, 1996, the City Council considered and
passed an ordinance vacating a fifty-foot wide portion of the
unimproved Lee Street right-of-way located south of River Street
and North of Otto Street. Joel and Sandra Barkan own the
property at 833 River Street, which is immediately adjacent to the
vacated right-of-way. They have offered to purchase the vacated
right-of-way for sum total of 93000, which takes into
consideration the fact that the entire property is encumbered by a
no-build, blanket utility easement. This Resolution declares the
City Council's intent to convey the property to the Barkans and
sets a public hearing on the proposed conveyance for
CONSIDER A RESOLUTION SETTING A PUBLIC HEARING
PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATE OF COST FOR CONSTRUCTION OF THE MELROSE
AVENUE RECONSTRUCTION PROJECT, PHASE II {HAWKINS
DRIVE TO BYINGTON ROAD [PROJECT NO. STP-U-3715(7)--70-
52], DIRECTING CITY CLERK TO PUBLISH NOTICE OF
SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE
SAID PLANS ON FILE FOR PUBLIC INSPECTION.
Comment: This project involves the removal and replacement of
the existing Melrose Avenue pavement between Hawkins Drive
and Byington Road along with the removal and replacement of
sidewalk, and the installation of a storm sewer and water main.
The total estimated construction cost is 9949,000. This project
will be funded with Road Use Tax revenues of which up to
9442,000 will 'be reimbursed with Federal-Aid Surface
Transportation Program funding.
d. Permit Motions and Resolutions as Recommended by the City Clerk.
(1) Consider a motion approving a Class C Liquor License for Inn Ho
Shinn dba Aoeshe Restaurant, 624 S. Gilbert St. (Renewal)
(2)
Consider a motion approving a Special Class C Liquor License for
Leisure, L.C., dba North Dodge Athletic Club, 2400 N. Dodge St.
(Renewal)
(3) Consider a motion approving a Class E Beer Permit for QuikTrip
Corp., dba QuikTrip #552, 25 W. Burlington St. (Renewal)
(4) Consider a motion approving an Outdoor Service Area for Gabe's,
Inc., dba Gabe's, 330 E. Washington St. (Renewal)
January 14, 1997 City of Iowa City Page 4
(5)
Consider a motion approving a Class C Liquor License for Lohaus
and Larson Investment co., dba The Airliner, 22 S. Clinton St.
(Renewal)
(6) Consider a resolution to issue dancing permit to The Airliner, 22 S.
Clinton St.
Motions,
(1)
CONSIDER A MOTION TO APPROVE DISBURSEMENTS IN THE
AMOUNT OF $13,427,630.86 FOR THE PERIOD OF
NOVEMBER 1 THOUGH NOVEMBER 30, 1996, AS
RECOMMENDED BY THE FINANCE DIRECTOR SUBJECT TO
AUDIT. DISBURSEMENTS ARE PUBLISHED AND PERMANENTLY
RETAINED IN THE CITY CLERK'S OFFICE IN ACCORDANCE WITH
STATE CODE.
f. Resolutions.
(1)
CONSIDER A RESOLUTION ACCEPTING THE WORK
FOR THE CONSTRUCTION OF SILURIAN WELLS NO. 3
AND NO. 4 IN CONNECTION WITH THE WATER
SUPPLY AND TREATMENT FACILITIES PROJECT.
Comment: See Engineer's Report.
(2)
CONSIDER A RESOLUTION APPROVING, AUTHORIZING AND
DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO
ATTEST, AN AGREEMENT FOR USE OF PUBLIC PROPERTY AT
521 SOUTH GILBERT STREET FOR THE PLACEMENT OF A
WHEELCHAIR-ACCESSIBLE RAMP ON THE GILBERT STREET
RIGHT-OF-WAY.
Comment: Fitzpatrick's requests temporary use of public right-of-
way at 521 South Gilbert Street for the purpose of making the
business accessible to persons with disabilities by constructing a
wheelchair-accessible ramp at the entrance of the building. Public
Works recommends approval of the agreement.
(3)
CONSIDER A RESOLUTION ACCEPTING THE WORK
FOR THE SANITARY'SEWER, STORM SEWER, WATER
MAIN AND PAVING PUBLIC IMPROVEMENTS FOR
W.B. DEVELOPMENT AND DECLARING THE PUBLIC
IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE.
Comment: See Engineer's Report.
(4)
CONSIDER A RESOLUTION ACCEPTING THE WORK
FOR THE SANITARY SEWER, STORM SEWER, WATER
MAIN AND. PAVING PUBLIC IMPROVEMENTS FOR VILLAGE
GREEN PART XIV AND DECLARING THE PUBLIC
IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE.
Comment: See Engineer's Report.
January 14, 1997 City of Iowa CHy Page
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(5)
(6)
(7)
(8)
(9)
CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE
SANITARY SEWER, STORM SEWER, WATER MAIN AND PAVING
PUBLIC iMPROVEMENTS FOR KENNEDY'S WATERFRONT
ADDITION PART 3 AND DECLARING THE PUBLIC
IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE.
Comment: See Engineer's Report.
CONSIDER A RESOLUTION ACCEPTING THE WORK
FOR THE CONSTRUCTION OF THE IOWA CITY
SENIOR CENTER MASONRY RESTORATION PROJECT.
Comment: See Engineer's Report.
CONSIDER A RESOLUTION ACCEPTING THE WORK
FOR THE CONSTRUCTION OF THE PRIMARY ROADS SYSTEM
PROJECT NO. NHS-6-7(41)-19-52 (Highway 6 Improvements,
Rocky Shore Drive to 1 st Avenue in Coralville).
Comment: See Engineer's Report.
CONSIDER A RESOLUTION ACCEPTING THE WORK
FOR THE SANITARY SEWER, STORM SEWER, WATER MAIN
AND PAVING PUBLIC IMPROVEMENTS FOR DEAN OAKES FIFTH
ADDITION, AND DECLARING THE PUBLIC IMPROVEMENTS
OPEN FOR PUBLIC ACCESS AND USE.
Comment: See Engineer's Report.
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR
TO SIGN AND THE CITY CLERK TO'ATTEST THE
RELEASE OF A LIEN REGARDING A LOW INTEREST
PROMISSORY NOTE FOR THE PROPERTY LOCATED
AT 3023 STANFORD AVENUE, IOWA CITY, IOWA.
Comment: The owners of the property located at 3023 Stanford
Avenue received financing through the City's Housing
Rehabilitation Program on November 14, 1991. The financing
was in the form of a Low-Interest Loan for the amount of 8:?,500.
The note was paid-off on January 3, 1997; thus, the lien can now
be released.
January 14, 1997 City of Iowa City Page 6
(10)
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST A LIMITED
RELEASE/ESCROW AGREEMENT FOR PUBLIC IMPROVEMENTS
IN DEAN OAKES FIFTH ADDITION, IOWA CITY, IOWA.
Comment: Pursuant to City Code, the final plat, and the original
Subdivider's Agreement for Dean Oakes Fifth Addition, the
Developer is obligated to construct certain public improvements
within the development. This obligation constitutes a lien and a
cloud on the title to the lots within the development. The
Developer has substantially completed the public improvements,
but total completion will not be possible until spring. While a
general release of the improvements is not yet appropriate, this
Limited Release/Escrow Agreement removes the cloud on the title
to lots in the development, thus allowing financing to occur, while
protecting the City by establishing an escrow fund which will be
retained until the improvements are completed. (See Engineer's
Report.)
(11)
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST A STORMWATER
MANAGEMENT HOLDING BASIN EASEMENT AGREEMENT WITH
ORAL B. LABORATORIES, A DIVISION OF GILLETTE CANADA,
INC., FOR PROPERTY LOCATED WITHIN MALL DRIVE
SUBDIVISION AT LOWER MUSCATINE ROAD AND MALL DRIVE.
Comment: Pursuant to Title 14, Chapter 5, Article H of the Iowa
City City Code, Oral B. Laboratories submitted a site plan for
expanded development at Lower Muscatine Road and Mall Drive.
City staff approved the site plan subject to the property owners
entering into a Storm Water Management Holding Basin Easement
Agreement for the facility originally constructed with the final plat
in 1986. This Resolution authorizes the execution of the
Stormwater Management Holding Basin Easement Agreement.
g. Correspondence,
(1)
Marty Haynes (Chair, Design Review Committee) - Courtesy
review of the design of the proposed Biology Building skywalk
over Dubuque Street
(2) Robert Dostal - Shaw incident
(3) Grace Trifaro - Shaw incident
(4) Carol deProsse - Shaw incident
(5) Carol deProsse - administration (City Manager included attachments
to letter referenced)
(6) Mary Gantz - Melrose Avenue/West High traffic signal
(7) Richard and Nancy Perkins - Melrose Avenue/West High traffic signal
(8) Erika Siska - 928/930 Iowa Avenue encroachment
January 14, 1997
City of Iowa City Page 7
(9) Michael Davis - parking violation (City Manager acknowledgment-
of-receipt and Police Chief response included)
(10) Janalyn Steffens - Shop-With-A-Cop
(11) Gerald Carroll (Citizens Against Cable Abuse) - TCI
(12) John Nesbitt - Wyrick fireworks proposal
(13) Melissa Goldman and 20 separate letters from students (Coralville
Central Elementary School) - deer overpopulation
(14) Petition signed by 155 individuals - Seaton's closing
(15) Memoranda from the Civil Service Commission:
Associate Planner
Community Service Officer
(c)Maintenance Worker I - Streets
(d)Maintenance Worker II - Streets
(e)Parking Cashier
(f)Senior Maintenance Worker - Streets
(16) Memoranda from the Transportation Planner:
(a) Stop sign on Escort Lane at the intersection with Naples Avenue
(b) Prohibition of ontostreet parking on one side of Sterling Drive
(c) Prohibition of on-street parking on one side of Edingale Drive
(17) Trudy Day, Candace Wiebener, Steve Stickney (City High School) -
City High fine arts schedule of events [previously distributed]
Applications for Use of City Streets and Public Grounds:
(1) Christine Nelson (March of Dimes) - May 4, 1997, Walk America.
(approved)
January 14, 1997 City of Iowa City
ITEM NO. 6 PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA).
Page
ITEM NO. 7
PLANNING AND ZONING MATTERS.
Public hearing on an ordinance amending the Zoning Chapter by
changing the use regulations on a 40.7 acre parcel located on the north
side of Rohret Road, east of Highway 218, from RS-5, Low Density
Single-Family Residential, to OSA-8, Sensitive Areas Overlay/Medium
Density Single-Family Residential. (REZ96-0020)
Comment: At its December 5 meeting, by a vote of 6-0, the Planning &
Zoning Commission recommended approval of the proposed rezoning
subject to conditions pertaining 'to the timing of the extension of the
proposed Shannon Drive north to the property line, the incorporation of
traffic calming techniques into the design of Shannon Drive, the
approval of a Grading Plan prior to Council consideration of the
rezoning, and noting that no specified number of dwelling units is being
approved for Lot 53, which will be the subject of a future rezoning
request prior to development. Staff recommended approval in the
November 21 staff report.
Action= ~'/Y~,~-~/7/~
'Zoning," by changing the regulations pertaining to childcare facilities.
Comment: At its December 19 meeting, by a vote of 6-0, the Planning
and Zoning Commission recommended approval of amendments to
permit childcare facilities in all zones as accessory uses, provisional
uses, or special exemptions. Staff recommended approval in a
memorandum dated December 19. Correspondence from applicant
requesting expedited consideration included in Council packet.
Action: ~,/,,~/,./~'~.~-'~ ~_,~2/-- ~,(~'~/~~
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ITEM NO. 6 PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA)
Nov/There are quite a few people who want to talk about these items and there are other
people here who want to talk about future items which are part of official p.h.s. I
am asking that everybody sign in, write your name and address or use a label that
is provided by the door and limit your comments to five minutes. My New Year's
Resolution is use the gavel on these things and try to keep us to five minutes, try
to keep us here making decisions on the rest of the agenda before we all fall asleep.
· So, please start.
Atkins/Mayor Novick, may I make some comments before we start? Thank you. Mayor
Novick and members of the Council, I would like to take a few moments with you
before you open your Public discussion this evening to offer some commentary and
a recommendation to you. As your chief administrative officer, I would like to
comment on some of the latest issues that are, in my judgment, severely dividing
our community. It is of note that you have chosen and thereby taken upon
yourself, as a city council due to your interest in the tragic events, to review the
Department of Police procedures and policies. Also I know each of you and I
happen to believe that you have an interest in seeing that public information can be
made available in a fashion that demonstrates a concern for public policy and
encourages thoughtful discussion. I am not an attorney but I am familiar with the
law as they relate to the imminent and pending litigation, discussions associated
with the settlement of claims and other related personnel matters. I believe that the
City Attorney has advised you properly as well as advising other representatives of
this government with respect to their public comments concerning the recent
incidents. On Saturday, February 1, you scheduled a meeting to discuss matters
surrounding the tragic shooting of Eric Shaw. At that meeting you have directed
us that you intend to discuss policies and procedures associated with the Police
Department, seek answers to the 60 plus questions that you have prepared and
submitted, and respond to legal issues associated by all the work that has been
done by our City Attorney's Office. In preparation for that meeting, I have
completed much of my work. I have reviewed the policies of police departments
from a cross section of cities and counties throughout Iowa. I reviewed their use
of force, fire arms, building search, open door, and other related policies. I have
reviewed the training of Iowa City police officers which includes the Iowa Law
Enforcement Academy which provides the basic training for our police personnel. I
have reviewed our in-house training which involves participation in a consortium
of local law enforcement agencies, those being the Johnson County Sheriff,
Coralville Police, University of Iowa Public Safety and our own Police
Department. I have identified other training and that is summarized in the report
that you ultimately received. We have our own in-house training. Our field training
program is for probationary officers and the purpose of this training is to acquaint
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them with our community. They must pass the field training in order to receive
permanent status. I have reviewed the accreditation standards via the Commission
on the Accreditation of Law Enforcement Agencies. There has been much criticism
of me, the Chief of Police, the Mayor, and members of the City Council. There has
been a call for a more open review of issues. I believe that the work that I have
done is substantially that of a review of public documents and an analysis and
comparison of those public documents as they relate to our government. I believe
that it is your best interest as well as that of our community to review these
documents in public. I will defer to the City Attorney to advise you and I would
remind you that while this policy procedure information is to be presented publicly
upon my recommendations, it will be an important part of your upcoming
discussion and that is it does not relieve us of another very important public policy
obligation, to protect cooperation agreement we have with our insurance carrier,
to protect the reputations of employees and others that are involved and your work
as a City Council with respect to dealing with the Shaw Family claim. I would
suggest to you that at your meeting of February 1, the Chief of Police and I will
present to you information concerning this work and that this information
exchange should be open to the public. This is not intended to be a public hearing.
This is intended to be a work session with you as we explain the review process,
all the documents that we have reviewed as they pertain to our Police Department.
I believe that we can identify for you how we compare to other cities, how we can
fashion public policy with respect to police operations that can be unique to our
community and yet meet standards, to be within the law and accomplish accepted,
responsible practices to provide for both community and police officer safety. We
can also identify what we can do better. Upon conclusion of this presentation and
your discussion you can adjourn to your executive session to apply that
information in your review of the legal matters that face you. You need not decide
now but upon my review of information, the public is entitled to know this
research. I will maintain that you should not dwell on specifics in this presentation
for your discussion until you have been advised differently by the City Attorney.
Your staff continues to work on this matter, on the preparation of documentation,
other support information which we hope you will find helpful as you consider
these very sensitive matters. I wish you would please consider that a
recommendation.
Nov/Thank you.
John Balmer/Madam Mayor, members of the council, My name is John Balmer. I
currently reside at 10 Princeton Court and I certainly will adhere to that five
minute limitation. I appreciate it.
Nov/I'm sure you know that there's a clock right there in front of you.
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Balmeft Is there a red light on it so-
Nov/No. No red light. Just a clock.
Lehman/See this John?
Balmer/I see it. I'm very familiar with that. Members of the council, I come before you
this evening as a long time citizen 0fthis community whose family service of 40
years to this community I think lends itself to a perspective that I can share with
you this evening. And I say that because I do have a commitment here and long
service and I will be here for the duration. That's why this issue has touched us all,
the Eric Shaw incident. I too was very saddened and angry when it first occurred
and having witnessed what. has transpired since then, seen the County Attorney's
report which I concur with, seen the Department of Criminal Investigation's report
which I think is thorough as is the County Attorney's, I think it's incumbent on
you who I have a great deal of empathy for in your seats as you weigh these
matters, to bring closure to this issue. I know what this family is going through
because I watched my parents struggle with losing a son over the last year and a
half. But as all things, they must move on. Life must go on, and now this is what
this city must do. We must conclude this, this very tragic event, and we must get
behind our city administration, our chief, our manager, and you council to heal this
community. I think that's the thing of most importance that I can share with you.
I'm not here to get into a debate with those who have questioned whether or not
the individuals I have mentioned should remain in office. I happen to feel very
strongly that they should. I think they're- the opinion I have expressed to you is
shared by a very strong silent majority of this community. And I would urge you to
get your deliberations which you have spoken to and I applaud you for that. I
would urge you then to bring this matter to conclusion so this community can now
heal. Thank you.
Simon Irvine/'I want to speak on another issue actually. It's concerning the Franchise
Agreement with TCI.
Nov/Could you please state your name?
Irvine/I'm sorry. My name is Simon Irvine. I live at South Dodge Street.
Nov/I'm sorry. I can't hear you.
Irvine/Simon Irvine. Okay. As probably you're aware, TCI recently introduced channel
changes which upset quite a few members of this community because there seems
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to be a total lack of understanding and cooperation between the TCI company and
its custom/~rs, and it's been a process of continual frustration on behalf of the
customers in this city as it seems that TCI's dictating which channels we should
watch. Now I know that there is very little the council can do as far as the channel
changes are concerned with the last year's legislation, but I have a couple of points
to raise and a question to ask at the end of it. Firstly, concerning the reasonable
notice to customers about the channel changes, the only thing that we received on
our cable bills were telling us that the channels which had been added but there
was actually no notice of the channels that had been taken away and we should
have received reasonable notification to the customers that this had been the case.
And the only way we found out was by watching the local news which is hardly an
adequate medium for expressing customer relationships in this community. Second
of all, I would like to ask how far have TCI progressed in their rebuilding of the
fiberoptic network which they stress they will be adding more channels after the
rebuild. And what assurances have they given to the city that they will complete
this work on time because as far as we've seen so far, there has been little or no
progress? And the specific question I would like to ask the council is how far are
you willing to hold TCI to the current contract, the current franchise that they have
signed with the city, that states that they should not only complete the rebuild by
February, 19987 How far is the council willing to press TCI to make progress
reports that this work is actually being carried out? And I would like to ask one
more question of council that they ask TCI to be more complacent towards their
customers in this area because quite frankly, they are annoying people by
continually mucking them about. When I seem to recall an occasion two years ago
when there was a petition by local residents asking for certain channels in this area
for TCI to supply. And they were given a number of excuses back then, one which
related to bandwidth and one which related to the standard answer which seemed
to be that they didn't have enough channels to allocate to the channels that people
desired.
Nov/Time.
Irvine/Yet, yeah I'm winding up. Over the last eight months, they've added channels that
they would like to see on theline up as opposed to what the customers in this area
desire. And I would like the council to take note of that.
Nov/We do understand. We have asked similar questions. Dale Helling, do you have any
idea about the time line on rebuild?
Helling/The rebuild is supposed to be completed by the end of the second year of the
franchise which would be in February, 1998.
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Nov/Have they started?
Helling/They had done some work as far as laying fiber even at the time at least they said
they had even at the time we were negotiating the agreement. To the best of my
knowledge there is nothing in the agreement that requires that they give progress
reports. They're indication is that this can be done very quickly. And that they
were not interested in building timelines in the agreement. But the fact is that it has
to be completed by February, 1998, or I believe they would be in violation of the
franchise agreement in a major way.
Kubby/And what would be the consequence, the possible consequence of that?
Helling/Well, one of the probably the most far reaching consequence for them would be if
this council decided they were in violation of the franchise sufficiently that you
would choose to attempt to revoke the franchise. There are other penalties built in,
dollar penalties for nonconformance in certain ways and we'd have to figure out
how to interpret those but I think really the major thing is that the Franchise
Agreement itself and that the franchise is at risk if they don't complete that rebuild.
Nov/And as far as choosing channels is concerned, it's been our experience that individual
letters from the paying customers have helped. I'm not saying you're going to get
everything, but we have had some progress, and even the council wrote a letter on
that WGN change. But we've been told that individual letters do Count.
Irvine/I understand that and I note that, but it's been certainly my experience that a lot of
the time those letters are either ignored or dismissed in some mandatory manner by
TCt. They'll either-
Nov/Are you aware that the city has a Broadband Telecommunications Commission?
Have you corresponded with them? Have you attended their meetings?
Irvine/No. I haven't been aware of when these meetings take place.
Nov/Okay.
Kubby/There's a commissioner in the back. Howie, if you can wave your hand back there.
You two could maybe connect.
Nov/Okay. And we can ask if our City Clerk would send you a schedule and let you
know. when the next meeting is and I think that would be a good place to start.
Irvine/Yeah. Thank you.
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Diane Kaufman/73 8 Dearborn. I'm here tonight to represent the group Citizens for
Justice and Accountability in the Death of Eric Shaw. And I'm pleased to hear
some of the comments that have been made. And I think I would like to to modify
some of the comments that I plan to make. Nearly five months ago, a young man
was shot and killed by another young man here in Iowa City. Under normal
circumstances, the man who had committed the crime would have been charged
and sentenced. People would've been saddened by the senseless death, but justice
was possible, would've been done, and we would not be here tonight.
Unfortunately the death of Eric Shaw was anything but normal. The fact that he
was shot by an Iowa City police officer has so clouded the judgment of our county
and city officials, that it seems to me that they have done everything to make this
terrible tragedy even more nightmarish for the Shaw family and the rest of the
community. We've been asked and told by people to move on, heal, get over it.
But I think before that can happen, we have to look at why many of us have not
been able to get on with it, heal, and get over it. And I think part of that
responsibilityhas to come back here within this chamber. Rather than coming
forward immediately with compassion and a strong desire to do whatever was
necessary to dignify the taking of this innocent man's life, city and county officials
have stonewalled, waffled, obfuscated, and aborted justice and accountability at
every possible turn. Until now. Now I hear the City Council is this close to doing
the first right thing since Eric Shaw was killed. You have at last decided to hold a
partially open hearing on the events surrounding Eric's death. An open meeting is
the first step that might open the door to justice. I hope you don't just take that
have step. I hope that you will go on and have an actual open meeting and that in
the process of that, you'll be willing to openly and publicly dig deep and ask the
tough questions that only you can ask. This would involve close examination of
who made the critical decisions and policies that led to those decisions before,
during, and after the shooting so you can help all of us come to a fair and just
understanding of who is accountable and what we as a community must do to
sorve justice. I find this difficult to say, but I feel compelled to say it. I think as
leaders, for the most part with some notable exceptions, you have revealed
yourselves to be morally bankrupt in this situation. Many of us have felt compelled
to take a stand on this issue because you have seemed to have held the life of one
of our citizens so cheaply that we cannot allow your actions to represent us. I
personally consider much of the manner, the public manner that you have acted as
public officials, to be shameful. But even now, it is not too late to change your
course. You can recognize the pain and damage that your actions have caused and
take responsibility. It is not too late to publicly apologize to the Shaw family. It is
not too late to officially for you to ask J. Patrick White to refer this case to the
State Attorney General for an impartial consideration of the criminal charges. And
it is not too late to announce that you will hold as many open public hearings as it
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takes to fully reveal the truth about shooting, policies, and decisions that are
relevant to that incident. I ask you to seriously consider tonight that you will
reclaim your moral authority as public officials and community members and to
hold open public hearings that are thorough and reflect the questions of people in
the community, that you open the hearing and that you open your hearts. And I
have a set of questions that we'd like to submit as this group for you to consider. I
know it's not easy, but I think (can't hear).
Kubby/Thank you, Diane.
Jacqueline Gharib/I'm a member of the Iowa City community. I read this letter on behalf
of the Citizens for Justice arid Accountability in the Death of Eric Shaw and more
specifically from its author, former Iowa City Police Chief, Harvey D. Miller (reads
letter).
To the City Council of the City of Iowa City. Government is the public's business.
It is human nature in a personal sense, an organizational behavior in an institutional
sense to try to deflect any adverse criticism during times of institutional crisis. I
understand the reluctance of Iowa City council and the city administration to come
to grips publicly with issues surrounding the shooting death of Eric Shaw. There
are those who believe that those of us who want a completely open discussion and
resolution are fringe fanatics dedicated to advancing an anti-police, anti-
government agenda. Nothing could be further from the truth. I have devoted
almost 31 years of my life to law enforcement in Iowa City and other jurisdictions.
I have taught public law, public administration and police administration in three
major universities. I read this with the emphasis in which the author intended. I
have never witness an incident of this magnitude, treated so cavalierly by a
governing board and administration through the lack of open public discussion and
a resolution. For the good of the Iowa City Police Department and the fine people
of the agency who strive diligently to serve the citizens of Iowa City, I urge this
city council to mandate the public discussion of the shooting death of Eric Shaw
and to take appropriate action against the parties involved if they are judged to
have failed in their sworn duties as public officers. Now is the time to restore trust
in government and it can. be readily accomplished by the open discussion of this
tragic event. Respectively, Harvey D. Miller.
Nov/Thank you.
Greg Thompson/I've lived in Iowa City since 1972. Good evening council members, Mr.
Atkins, Mr. Helling. Governor Branstad this morning in his Condition of the State
Address lavished praise on those who seek justice for the victims of crime. I hope
that we will all be counted among that group when the matter of the death of Eric
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Shaw is settled. For justice to occur, there must also be accountability. I hope that
you will see to it that R.J. Winklehake will be held accountable for the policies that
he has instituted as police chief. His policy of sending officers into the place of
business without permission from the owner and without a search warrant seems
like a violation of the 4th Amendment to the U.S. Constitution. I hope you will
consider that. The three Iowa City police officers who despite their intensive
training, knowingly violated the 4th Amendment in entering Iowa Vending, must
also be held accountable for their actions. The legal actions of officers Gillaspic,
Zacharias, and Kelsay and the policies of Police ChiefR.J. Winklehake led directly
to the killing of Eric Shaw. I hope you will give a careful consideration to the
actions of these four individuals who acted so recklessly in regard to the safety of
Iowa City residents. Should they continue to be employed by the Iowa City police
force? In the case of Officer Gillaspie, you have decided the answer to that
question is no. I suggest. to you that in the cases of Chief Winklehake, Officer
Zacharias, and Officer Kelsay, the answers should also be no. When we were in
grade school, we used to say the Pledge of Allegiance, and you remember how it
ended, with liberty and justice for all. Where is the justice for Eric Shaw? Thank
you.
Nov/Thank you.
Jack Ruth/1220 Hunter's Run. Ladies and gentlemen of the council and the audience, we
have on one hand a tragedy that to the Shaw family could not have been any
worse. On the other hand, we have a lingering question by some of our community
about this tragedy. I do not propose to speak to this. I do propose to speak to an
even greater injustice. It is an even greater injustice since those involved have the
luxury of having sufficient time for reflection on what they are doing. A luxury that
was not afforded Officer Gillaspie. The wanton and reckless attacks on Chief
Winklehake, City Manager Atkins, and Mayor Novick have no basis. These people
have served our community well and deserve better. ChiefWinklehake has brought
professional leadership to our police force. He has been active in instituting such
preventive measures as the D.A.R.E. program and has worked with social agencies
to help rather than to lock up those youth who have problems. His experience in
dealing with street gangs in the Chicago suburbs is invaluable. In leading our police
force to keep Iowa City the safe town that we have come to expect. The assessing
of blame in the shooting of Eric Shaw defies the facts. None of these three were
present that night. The decision to fire was made by one person alone and he has
paid a price. Officer Gillaspie did not escape retribution. He will carry this burden
the rest of his life and has had to give up a promising career that he's spent years
preparing for. Proposals to weaken or disarm the police force, create a politically
appointed review board, or to remove city officials will not help our community.
We now have an elected city council and a Civil Service Commission for the
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oversight of our police force. Do not- Two wrongs do not make a right. None of
these p.roposals will bring back Eric Shaw.
Nov/Thank you.
Jeffrey Martin/1015 Barrington Road. I want to begin by saying there are many fine
officers in the Iowa City police force and that they perform well in one of the most
difficult jobs that our society offers. And I have a certain amount of empathy for
the officers in the field because while I have never been a police officer, I was an
infantryman in Vietnam in 1970 and so I know something about. being in the field
in dangerous situations. In fact that experience very much colors my perception of
the incidents in which Eric Shaw's life was taken. When armed personnel, whether
it be military troops or police officers, are sent into the field, it is essential that
several things' occur. First they need to be given clear and sensible orders, policies,
and rules of engagement. The question of whether the Iowa City police
department's policies are sane, sensible, and appropriate needs further
examination. But there's a strong hint that all is not well. The policy on
investigating open doors was hastily changed. I wonder how many other policies
on the books are inappropriately aggressive and more likely to harm innocent
civilians than protect them. Second, orders, policies, and rules need to be
effectively communicated to the personnel in the field and care should be taken to
make sure the orders are understood: That seems not to have occurred. We know
fi-om the interviews done with officers Jeffrey Gillaspic and Troy Kelsay that both
said they weren't certain of department policies. Finally the personnel in the field
need to maintain discipline for their own safety, the safety of their colleagues, and
the protection of innocent civilians. As I look at the events of August 30, It is
apparent that there was an egregious breakdown in discipline. In the field there are
times when bold action is required and other times when prudence dictates taking
the time to checkout a situation more fully. Well trained and disciplined personnel
know the difference. Seeing an open door as Officer Kelsay did on the night of
August 30 does not demand that bold action be taken. Nothing we know about
that night suggests that drawing weapons and pulling open the door was necessary.
All indications are that a more prudent approach, taking some time to assess the
situation was the appropriate action. The officers should not have placed themself
in a situation where a flinch could take an innocent man's life. For that deadly
failure to maintain discipline, the officers at the scene, all of them, should be held
to account. But so too should their superiors-
CHANGE TAPE TO REEL 97-6 SIDE 1
Martin/-be held to account for the actions of those who were. However that must be the
case. We civilians equip police officers with deadly force and invest them with
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special powers, sending them out to patrol our streets. We absolutely depend on
the police chief to train them properly and instill in them the discipline necessary
for safe and effective field operations. Tragically, ChiefWinklehake failed us. I do
not doubt that Mr. Winklehake is a decent. man. Nor do I doubt that he has done
good things. for the community. But this is performance failure of the highest
order. And what about other city officials? In the at~ermath of the shooting, senior
city officials have sought to limit the blame to Officer Gillaspie. Apparently we are
to believe that no one else made any mistakes. Meanwhile they've tried to deflect
attention from issues concerning the policies and management of the police
department by suggesting that the internal review took care of everything, that the
real problem you should focus on is a possible lawsuit, that citizens who raise
concerns are part of some fringe element that doesn't have the best interests of the
city at heart. Indeed should a council member stray from the party line, she is
marked as not a team player. Defensiveness and deflection are pretty standard
reactions to crisis, but those reactions must be overcome. Your job as the elected
leaders of this city is to brush aside the deflection,. drop the defensiveness, and deal
with the real performance issues forthrightly. Something went very wrong the
night of August 30. It is your duty to accept responsibility for that, find out why it
happened and who made mistakes, take disciplinary action, and try to insure that it
never happens again. It is a very difficult job. Part of me understands why you
would rather skip that job and just move on. But that won't work and it would be
wrong. The community will never really move on until the difficult job is done.
Now you have a choice. You can react by withdrawing and telling yourself this
guy's just another member of a fringe group, a small band of malcontents. Or you
can react by stepping forward and carrying out your duty as it should be carried
out in the full light of day. I urge you to do the latter. Thank you.
Nov/Thank you.
Karen
McKelvey/421 S. Lucas. First I'd like to say that I'm here as an individual citizen
choosing not to align myself with either of the groups that have polarized over Eric
Shaw's death and the city's response. I am here to lend support to Chief
Winklehake and the police department as a whole. I've known ChiefWinldehake
for more than 30 years and I know him to be a man of honesty, fairness, and
integrity. I also believe him to be a dedicated, capable, and progressive law
enforcement officer and administrator, and should you as the council choose to
scrutinize this record, whether you do that publicly or privately, I think that this
assessment would hold up. I've also had a number of dealings with the Iowa City
police through my employment as a nurse in the detox unit at the MECCA
Substance Abuse Treatment Center here in Iowa City. Frequently people who are
picked up for public intox are brought to MECCA and on several occasions I've
had to enlist the help of police in removing someone from that facility who has
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become too belligerent or combative for us to manage safely there. In all instances,
the officers conducted themselves professionally and competently and often with a
measure of compassion as well. I've been disturbed that letters to the editor the
past few months, that in letters to the editor that the majority of Iowa Citians, who
have not rallied or protested in some way about Eric Shaw's killing, have been by
tums been judged ignorant, complacent, indifferent, or uncaring. I am not those
things nor do I believe my fellow citizens to be. I have been deeply troubled and I
have followed the media closely. As the mother of an only child, a son, I've tried
to imagine the feelings of Jay and Blossom Shaw. And I find that I can only skirt
the edges of that pain. I've tried to put myself in the shoes of Officer Gillaspie or
of his family and feel equally inadequate to the task. I've concluded for myself that
the incident was a tragic accident and I think that the County Attorney's decision
was courageous rather than cowardly. In a recent editorial letter, it was stated that
in order to quote get to the bottom of this, those accountable must be quote
revealed and punished. The thinki.ng seems to be that if the police chief, City
Manager, county attorney, and mayor are vanished through resignation or
termination, that justice will have been served and the city will have shown its
willingness to accept responsibility for the incident and with the right people and
the right policies that we will at least secure the illusion of control over something
like this ever happening again. Disappearance does not equal accepting
responsibility. To accept responsibility is to shoulder the burden. If one thinks of
responsibility as response ability, the ability to respond, then the community can
takes steps to move forward. The circumstances of this death are unique in Iowa
City's history which is one reaso¢ why I think the ability to respond was
compromised.. There indeed may be policies that need to be changed, not because
they are inherently wrong or different from the way other cities perform law
enforcement tasks or their city governing functions, but because this incident has
flaws. This process is called learning. I suspect also that there are reparations to be
made but not in the manner that it is being advocated by some. Thank you.
Nov/Thank you.
Keith Kinion/3 0 Lincoln Avenue over their by the dental building. I would agree with the
person who spoke, not last, but the person before that. I don't always agree with
people who wear business suits but in this case I do. I would have to characterize
the way this has been handled has been extremely cowardly. There has been no city
official who's even resigned. It's just been- I would agree with the former chief of
police who says it's been handled very cavalierly, that's a perfect word for it and
one of the recommendations that I would have to preclude this thing from a
recurrence is I would say you would drop the insurance on excessive police force.
I understand you have insurance for suits that people file for excessive brutality on
the part of police. And ithink this may lead indirectly to cops overstepping the line
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as it were. And I'd like to hear your comments on that. I can't understand why you
would need insurance for excessive police force. It seems like something you'd do
in a totalitarian state, not a democracy.
Nov/The insurance covers all city employees, police and every other employee.
Kinion/Can't you just-
Kubby/We do have a separate section of insurance don't we, Linda, that is law
enforcement coverage, but it's not excessive force? It's all kinds of law
enforcement insurance needs.
Woito/Yes.
Kubby/Okay.
Woito/And the whole insurance policy'is going to be reviewed by the insurance review
committee within the next couple months. And I have some strong
recommendat. ions about that too.
Kinion/Are you going to drop it or-?
Woito/No, I tend to agree with you that we should be self insured, but that's a matter for
the council to decide.
Kinion/Okay, Thank you very much.
Nov/Thahk you.
Council/(Whispering-can't hear).
Howard Vernon/Good evening council members. My name is Howard Vernon. I live at
3520 Vista Park Drive. I'm a resident of Iowa City. I had a prepared statement
here but some things surprised me tonight and I'd like to commend the City
Manager on recommending that the review on February 1 be open to the public.
That's the 0nly way we are going to start the healing process if you know what
our public officials are doing. And then I'd like to refer to a comment that the
gentleman just prior to me made about resigning 'and showing courage. I'd like to
say that sometimes it takes courage to stay and deal with the problem rather than
run away from it. For that I salute you, Mayor Novick, and the City Manager and
ChiefWinklehake. Four issues around the tragedy of Eric Shaws death can kind of
be summed up into two issues, especially from the demands for the resignation of
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some of our public officials. One is the dissatisfaction with the result or the
judgment of the County Attorney. Whether or not I agree with that is irrelevant.
There's a system in the United States that we use and it's not, we should not hold
people accountable that operate within that system. We should try to change the
system. And I have heard people refer to going to the Attorney General and taking
action to forward that on and further investigation. That's operating within the
system and that's what we should be focusing on. The other one was a public
meeting. And I too believe that their should be a public review of the policy and
the incident that happpened last fall. The demands for the Mayor, City Manager's,
and Chief's removal are based' on dissatisfaction with the government process in
the aRermath of the shooting. And unsubstantiated inferences of poor leadership
from those officials. I'd just like to say on a personal note, I've observed Mayor
Novick for three years since getting out of the military and coming back to make
Iowa City my home. I find her to be an. honest, conscientious, and fair person. I
may have disagreed with her policies from time to time and her opinions, but I
think I could get a fair deal from Mayor Novick. I have worked directly with Steve
Atkins and have always gotten a straight answer to a straight question. He's
always impressed me as someone who has had the best interest of Iowa City in
mind whatever the political climate or environment is at that time. I've listened to
police officers, former police officers, neighbors, and friends of the chief. These
people have commented on his integrity, good character, and progressive nature in
regard to law enforcement. I can sympathize with the Shaws and I feel terrible for
them and I don't think ifI was in their situation, I could ever get closure in a
situation like this. I don't think I would ever be satisfied. However, we can have
closure to our self destructive actions. I urge the council and the citizens of Iowa
City to endorse the continued leadership of the mayor, City Manager, and the chief
of police, and put an end to these knee jerk demands for removal and resignation.
None of these people has given me.cause to distrust them or their intentions. And I
want these individuals to be involved in the review process going forward.
Because they have experienced a personal distress associated with this terrible
terrible tragedy. Their passion to make things better will be invaluable to going
forward. Naomi Novick is the mayor and should remain so. Steve Atkins is the
City Manager and should remain so. And the chief should remain in his position. I
tmst these individuals and their leadership going forward and I urge the council to
take a public stand on this as soon as possible. Thank you.
Osha Gray Davidson/14 S. Governor St. I've been an Iowa City resident since 1972 and
I'm proud to say I'm proud to say i'm a member of the organization Citizens for
Justice and Accountability in the Death of Eric Shaw. I don't know about claims of
other people, but my complaints and solutions are anything but knee jerk. Eric
Shaw was shot in August. It is now January of 1997. I've given this much thought
and much reflection. I would not make these charges lightly. I do not make these
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comments lightly and I do not call for resignations lightly. I do not enjoy doing this
~ind if there are those people out there who want to dismiss the dissatisfaction that
I think I'm just reflecting as just being knee jerk, they're wrong. Maybe they're not
just trying to dismiss them. Maybe they're just wrong in it. Mine is anything but
knee jerk. It's well thought out and certainly painfully thought out. And it gives me
no joy to be here speaking before you in this way tonight. A group formed by
former mayors and others now tell us that we should just move on. And they've
called those of us who havenit moved on a lynch mob. But when a public official
takes actions and forms policies that lead to the death of a local citizen, is it lynch
mob mentality to insist that they be held accountable? What's happened to the
notion of personal responsibility? What's happened to accountability? Do these
standards only apply to ordinary citizens like us? Are elected and appointed public
officials above notions of responsibility and accountability? The issue isn't whether
Mayor Novick, City Manager Atkins, and ChiefWinklehake are decent people. I
happen to believe that they are. That's why it's troublesome to call for resignations
when you believe that people are decent people. The question is whether they
performed adequately at a critical time. Let's heal, these former mayors and others
say. And they say it over and over, seemingly without any thought. Let's heal.
Let's heal. But I don't think it is healing that they have in mind. I think it's
forgetting. And we cannot forget. And we cannot move on. Not until the closed
doors meetings are all at an end. Not until the truly independent investigation is
made into all the facts surrounding fhe death of Eric Shaw happens. And not until
the leaders who do not lead are replaced by leaders who do lead. And not until
justice triumphs over forgetting. Then and only then true healing can begin. And I
pray that that time will come soon. Thank you.
Baker/Osha.
Nov/Thank you.
Davidson/Yes.
Baker/I know this is public discussion but I have to ask you a question.
Davidson/Yes,
Baker/The question that's been asked of me about your organization. I don't have a good
answer so I need some help in understanding this. There's a phrase that keeps
recurring for the last four or five months and it's real justice. That real justice has
not been achieved yet. Help me understand that concept because, here's the
question, you call for an investigation, but you seem to already have reached a
conclusion that you've defined real justice in terms of dismissal of certain officials.
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That that's what has to happen for real justice to be achieved. If that's true, if you
know that now, what is an investigation going to do?
Davidson/It's a good question, but they're two separate issues. The investigation that I'm
talking about and our organization is talking about, is an investigation into the
killing of Eric Shaw. And the procedures and policies of those police department
that may or may not have led up to that killing. Now I'm concerned in fact that
lacking that, the city has already possibly done an injustice to Officer Gillaspie,
making him the fall guy, a line officer, 'for policies that he was following. I frankly
do not understand when the county attorney says that he was following policy, so
We can't charge him. He was following policy. Why then he is forced to resign. I
don't understand that. And I think we need to have an investigation into that. I
came out in October after seeing what I saw as nothing being done, seeing a
conflict of interest in the part of the county attorney investigating a law
enforcement community that he relies on every day. That doesn't seem to be an
independent investigation, and when you use the phrase real justice, I would say
real justice means having someone who is impartial.do the investigation. I did not
feel that that happened. And until that happens, I don't think real justice will be
done in that regard. But I also watched, there's another matter here of
accountability that doesn't deal with criminality. Justice is larger than criminality I
guess is'the short answer to it. And the kind of justice that I'm thinking of and that
our group has talked about is a kind of justice that looks at the larger issues of
responsibility and governance. The investigation that the attorney general's office
,that we would like the attorney general of the state of Iowa to do will not tell us
whether the elected and appointed officials here, whether they did their job
properly. That's for us as citizens to decide and for you as a council to decide.
Baker/But haven't you already decided that?
Davidson/In part, yes. I don't know, the press distorted some of what we've written, but
all we have' Said as an organization and I took a step back to join this organization,
was that the mayor did not perform adequately at a time of crisis, and we need a
mayor that can provide adequately.
Baker/In your view.
Davidson/In the view of myself and the view of the group and the other people who have
talked to us. That's inherent. in what I'm saying. That's absolutely right. In our
view. Other people on the council, that's your decision to make, whether you
agree with that view or whether you disagree with that view. I've taken a step
back from my original position of calling for the firing of Chief Winklehake and the
firing or resignation of City Manager Atkins, so that I'm merely content to agree
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with the groups finding that the council take a close look at those issues and
examine them dispassionately and fairly and consider that as a real option. I've
taken a step back to do that.
Nov/Larry, ~re you okay?
Baker/No, This is I think the key point of this whole discussion tonight and I'm trying to
understand where it is that your group, other members of this community expect
us to go with this investigation. As you know and I've said publicly that I have
some reservations about the council doing this reservation. I think the credibility-
Davidson/Because of doing this what?
Baker/
Investigation. Policies and procedures and personal evaluation of this particular
incident, that indeed the credibility of anything that the council comes up with will
not be as strong as I think another group could have done, a separate group doing
an investigation which would've been a different timetable then many people were
comfortable with. I'll talk about that later. But I go back to my original question.
You seem to say now that you personally see the review of policies and
procedures leading to a review of the chief and City Manager, that there future has
not been predetermined in your own mind. Is that? Now, that's not what I'm
hearing from other people tonight and other people in the newspaper and the radio
and everything else.
Davidson/Well first of all, other people are free So have their own opinions.
Baker/Absolutely.
Davidson/And the media can report it as they wish to report it, but I'm telling y. ou.
You're hearing it from my mouth of what I really feel, but I am willing to give
ChiefWinklehake and Manager Atkins a chance for a fair hearing. Speaking as a
citizen, from what I've seen from the performance, I have severe questions and I
think I'm entitled to those questions about their performance. The policies, I don't
want to get lost here that what we're talking about is not some arcane question of
governance that isn't grounded in a real world event. It was the death of a citizen
of Iowa City and what seemed to me to be a needless death. People have called it a
tragedy and it is, but to gay let's just move on. Let's call it a tragedy and move on
is not adequate if there were policies that led up to that. I've read the entire record
that has been set out and the entire record is not available for public view and
some parts maybe for good reason. Some parts maybe not. That's part of my
dilemma here. I don't know when I see a blank spot on a page why that was
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removed and it leaves me with more questions, The questions that we submitted to
you tonight go to those questions.
Nov/We Will do our best to answer the questions you submitted.
Davidson/Good. I'd appreciate it.
Lelunan/May I just have a short comment and Osha, you and I have visited about this
earlier. You know I think if nothing else is apparent tonight, it's very very apparent
that a lot of folks in this community whether or not we feel the police erred or
whether they were correct or whatever, we all care. And I think that's the
import.ant thing about this community. Everybody in this room cares that we find
out what really happened. I'm really pleased, Steve, that you have asked for a
public meeting. You know and I have had mixed emotions about that one way or
another. But I think that's the right way to go. And I think we all really are after
the same answer. The only, I guess, the only question that troubles me a little bit
and Larry brought it up a little bit, we talk justice in the Eric Shaw case in the
same breathe, we say fire the City Manager and Police Chiefi When there's no
empirical evidence whatsoever that there has been any wrong doing on their part.
Davidson/In your view.
Lehman / There is no evidence.
Davidson/In your view.
Lehman / No, no. But there is no empirical evidence.
Davidson/Excuse me. When I said it is in my view, ]I'm reflecting it back. There is
evidence according to some people's opinion. It's how you view it.
Lehman / But I don't think that's been adjudicated or whatever. I'm just saying that I
think justice is justice for all. And I think it needs to be fair for everybody.
Davidson/Absolutely.
Lehman / And I really think that what Steve has suggested for this February 1 meeting, if
this is a public meeting, what all of us who really looking for the same answers can
· get together, come up with the answers and the kind of questions that you're
asking, · that we're asking, I think we all want to know. I don't think that there is an
adversarial relationship between the council and your group or anybody else's
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group. We really would like to get this- we'd like to find out what is right and
what is wrong.
Davidson/We' I hope so. I hope so, and I hope in trying, I hope that's foremost rather
than what I have heard which is let's move on. Let's get over it.
Lehman / Let's find.out what it is and then let's move on.
Davids(~n/I agree.
Thornberry/What we're trying to do first of all is get an organization that we feel as a
council and as a city that we can believe in. Now if the council did the
investigation, there would be those that would say, you're biased. If we let the
police department do their internal investigation, which they're capable of doing,
some would have said, they're biased. When the DCI from the state of Iowa comes
in and does an investigation, they're pretty unbiased. that's their job. The
Department of Criminal Investigation, that's their job. That's what their experts at.
Who would you have do an investigation, Osha, that you would agree with or
believe in? If for example they didn't come up with the type of decisions that
would please you.
Davidson/Well, that's a very good question. If the state attorney general's office does
take this case and does an investigation, I know personally and our organization
has said that no matter what their finding is, that's the end of our organization.
You're right, at some point you have to draw a line. I don't think we're there
when it's the county attorney, that's all, investigtiting people who he does, he has
to work with on a daily basis. That just seems like such an apparent conflict of
interest to me that I don't understand why that was allowed.
Baker/Osha-
Davidson/It's a difficult question.
Thornebn'y/Allowed by whom?
Nov/It is his job.
Davidson/Well.
Lehman/It's state law.
Nov/It's state law that he interprets the investigation that he's handed by the DCI.
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Davidson/He has the Option under law to turn that over to the attorney general's office.
He could have done that. He choose not to do that.
Thornberry/He choose to do his job that he was elected to do.
Davidson/No, no, no he did not.
Thornberry/Yes, he gave a decision.
Davidson/He choose one way or another and he could've chosen to turn it over to the
state.
Nov/Can we move on?
Norton//We should go ahead.
Davidson/Well, I'm being asked question. I don't understand why it's wrong for me to
reply to them.
Baker/No. I want io hear from Osha. I have a great deal of respect for the man and that's
why I want to hear from him.
Nov/But there are a lot of other people who really would like to speak.
Baker/There's no reason-
Martin/(Can't hear) yield the floor. On the other hand, Osha's being asked to answer all
the questions for our gi'oup and I think he's been trying to do a good, he's done a
good job of it, but-
Nov/And he should speak.
Martin/It's a little bit hard to tell him to stop in that regard.
Baker/(Can't hear), Osha.
Davidson/I'm a big boy. I don't mind.
Martin/Can I just state, because it wasn't correctly reported by the press what our
position is, the chief of police and the City Manager. And that is that we've called
for an investigation and an examination of their performance by you. You're their
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boss. And but what we have said from what's on the record now, it looks to us
like they should be fired. I was up here before laying out what I think is a hell of a
case against the police chief and what I think is a break down in his performance.
That's what we've said, but' we haven't said absolutely that they should be fired.
We've said that you should conduct a thorough examination of that issue.
Baker/You've said you would be satisfied with the ruling from the attorney general's
office, but help me out here. Isn't that just dealing with criminal responsibility?
Davidson/. Right. We'd be satisfied with the criminality side of this issue. that's right.
Baker/But the other issue is the personnel side of the issue.
Davidson/That's right.
Baker/That this body has to deal with.
Davidson/Larry, all I can tell you is that justice is a difficult thing, like art, to define but
you know it when you see it, and different people can have different views on what
it is. And we may never come to fi~11 agreement amongst all of us here and all of us
in the community whether justice has been done. Then I'm not saying that there's a
cover-up going on and I won't say that there's a cover-up going on if the
conclusion that you reach is different from mine. But I will say that I don't find
that justice has been done and maybe I'm going to end up having to leave it at that.
Let's hope not. Let's hope we find common ground on this.
Kubby/And maybe part of our responsibility is to thoroughly explain ourself, do
everything that we can as as openly as possible and then to explain thoroughly why
we came, have come to the conclusions that we have drawn from the information
we've received.
Davidson/At a minimum, that seems to be what you're elected to do.
Thornberry/What would be the maximum, Osha?
Davidson/Disclose everything, I suppose.
Thornberry/Again, remembering that this country was founded on people being innocent
until they're proven guilty, right? Until they're proven, without a doubt.
Davidson/In criminal charges, you're right.
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Thornberry/Like O.J. Simpson, right? Until they're proven beyond a reasonable doubt
that they're guilty, then they're innocent.
Kubby/But it doesn't preclude hard questions being asked.
Thornberry/Until they're proven that they're guilty of some wrong doing of something
wrong.
Davidson/We're talking about criminality.
Thornberry/You've got to say that they are innocent and why prosecute and persecute
anyone on this body or on the staff until proven guilty?
Davidson/I don't think anybody, I haven't called for criminal charges to Mayor Novick.
Thornberry/Not criminal charges, just to resign or to be fired.
Davidson/Yes. That's very different from criminal charges. I resigned from the Human
Rights Co.mmission over this. I understand what it means to have to resign. I don't
call for it lightly.
Nov/Thank you, Osha. We appreciate your comments.
Baker/Naomi, I want to make sure I understand, we've been talking about what Steve
said at the beginning of this discussion and I think I heard something different than
what's been talked about. Steve, clarify this for me. I heard you say that the
investigation that you've done came from public documents, public record, our
police'procedures on public record. Wait a minute, wait a minute, I want to say it.
And that we ought to be able to talk about that in public.
Atkins/I think you should, yes.
Baker/But when we relate that background to the specifics of this case, we're entirely
justified in going into an executive session to talk about the particulars of the
policy as relating to this case because of pending litigation. That is a real -
Atkins/I am not an attorney. My experience in the law and what I've learned from Linda
over the years is that absolutely in fact you should do that, because of all the issues
that are at stake.
Baker/If they want the public to walk in here thinking we're gong to talk about
everything on February the first because we're not publicly. We're going to talk
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about a lot more than I thought we were to begin with, but when we get down to
the particulars of this case, as long as there is a civil case hanging out there, we
ought to go into executive session.
Atkins/As long-
Kubby/That's a decision. That's a policy decision. Because we could choose, even with
pending litigation, is this true, Linda, that we could choose as a policy matter to
have that discussion in public. So it is, we're not forced into that decision by law.
It's our choice.
Councl/(All talking)
Norton/But as it bridges off into issues about personnel, that's when maybe we go into
executive session I would think as the dis6ussion may bear on that. Obviously will
bear.
Woito/It will be the ~ouncil's decision whether to go into executive session or not. It
always is.
Kubby/An employee has some, when we're talking about personnel issues, the employee
has control over whether that review is executive session.
Woito/That's not even on the table yet. If you're talking about police procedures, that
will be your vote whether you're going to go into executive session or not.
Baker/And we'll talk about that then. I have strong feelings that we would be
irresponsible not to do it but I'll be glad to articulate that at that time.
Nov/Please go ahead.
Pat Vunderink/I've lived in Iowa City for over 21 years and don't ask me any questions,
I'm trying to celebrate my 19th wedding anniversary and I have other things to do
tonight. I also find it kind of incongruous because some of the best years of my
youth were spent flouting any form of police or military authority that I feel a deep
sense of obligation and honor to come here and speak about Chief Winklehake.
And I come before you tonight to urge you to use the good reasoning and
common sense for which the majority of the citizens of this city have elected you
regarding this issue. I also think it's probably far easier to stand up and yell throw
the bums out then stand up and support decent honorable public servants in an
atmosphere of hysteria. I've had occasions to deal with ChiefWinklehake in my
capacity as member of the Board of Directors of the Emma Goldman Clinic for
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Women. The Iowa City, and we all know that this is not the easiest in time or
environment to be a woman's health clinic. The Iowa City police have been
outstanding in their concern for the safety of clinic patients, staff, and volunteers.
They've assisted the clinic in making important changes in our security procedures
and ensuring the personal safety of these people and our building security. In
addition, I have witnessed the cooperation and partnerships formed between the
Iowa City Community Schools and the Iowa City Police Department. As a member
of the Irving Weber School Site Council and the Iowa City Community School
Bond Referendum Steering Committees, I've been impressed by the leadership
show~ by Chief Winklehake to strengthen the education of district administration,
staff, students, faculty, and parents through school and police partnerships. And I
have been at meetings where both. former and present police department members
have stated that ChiefWinklehake is the finest police chief Iowa City has ever had.
But even more important to me is that R.J. has been my neighbor and my friend
and no one could wish for any better. We must remember that these people whose
firing some are calling for are not only diligent and conscientious public servants,
but they live among us. They are our friends, our neighbors, our colleagues,
spouses, mothers and fathers. And I hope you will recognize and use your
judgment when some calls for some impossible public justice become cries for
revenge or when calls from firings become adjuncts to others political agendas.
I've gardened with Blossom Shaw for over 15 years and I know what a wonderful
and sensitive person she is. I probably will probably never know all the pain she is
suffering but I have had close friends who have lost children through terrible
senseless tragedies and I urge the members of this council to bring this issue to
closure as justly and as soon as possible rather than feed revenge and political
posturing.
Caroline Dieterie/I was interested in what Larry Baker was saying about what he had
understood the situation to be as far as the meeting goes. I think that the trouble is
that you can't equate forgetting and forgiving. Those are two different things. And
I think that most people had terrible things by the time they get to my age at least
and by the time you get to your age have had terrible things happen to you that
you have come to be able to forgive but you won't forget it because you simply
have a memory but you forgive it. And I guess as a mother, I feel as though if I
were in Blossom Shaw's place, I could not bring myself to forgive you because
everything I've heard coming out out of city hall since this first happened in
August could fit under some categories none of which are terribly attractive. That
it was an attempt to keep the lid on, worry about how much it was going to cost
and who was going to sue, and figure out how things could be covered. And those
are the kinds of things that only breed further resentment. And I don't think any
more than most people do that it's right to condemn anyone, the chief of police or
the City Manager or anybody else that had any direct change of command and
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position in this situation without a fair hearing. But I think it's incumbent on the
city to have that so that people can forgive because I think that's all we're really
asking is to have the information that will allow us to forgive. And the reason why
the meeting needs to be open is as Larry pointed out that if it is not, it'll be just
another case of our hearing that the city government has considered the situation
and has decided something. I think that if you decide individually that you're going
to vote for a closed meeting on February 1, I would urge you tonight before you
finally make up your mind to do that, to go home and try to cast your thoughts
ahead to the days following this February meeting, what it will be like in the 2-3
days after that. Because that's what's really important. You're being put in a sense
in an impossible position by going into a closed meeting because if you come out
of the meeting and say after due deliberation of all' of this you find nothing wrong,
people will still be sitting around saying well what did they say. What happened?
Can We really believe that? And is that really going to be true. And the thing is
that people are fond of saying will set yo.u free. And I think that I can be one of the
'first people to assure that although the truth will set you free, occasionally it will
ma. ke you miserable first. And I guess that what the community is saying to you is
that we're prepared to be miserable first. That we have to be miserable first. So
that we can grieve that we can grieve this thing properly and then properly forgive
and only after we've forgiven.can we truly move on. So I ask you please to
consider what will happen after the first of February and to vote accordingly. And
I do agree with the person who said that they were puzzled about the mixed
messages. If nothing was wrong, if all the policies were being carried out as they
were properly laid out, then Officer Gillaspic has been wronged. As it stands,
nobody's happy. And I think the only way to make anybody feel at least forgiving
is to have an open consideration of everything, Thank you.
Nov/Caroline, I want to point out that even if some parts of this are discussed in
executive session, they can be public information as soon as pending litigation has
been settled. It's just a matter of when can release specifics and we will release
them when we can.
Thornberry/I think the major discussion of this incident will be in public. I really think that
there are enough votes to keep it public. But when we start talking about
individuals, that's when we need to go into executive session because it's not fair
to talk about someone personally and they've got their right to keep that from
being public and if they so desire and they request that we discuss them personally
in private, we must adhere to that.
Dietetic/No, I understand that. But I also think that it would be maybe in the interest of
the community to have you let us know as a community what various people
whose personal situations would be discussed, how they feel about this. Whether
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they want this or not because I think ifI were in the position of ChiefWinklehake
or I were in the position of the Shaws, I would want the chance to be able to say
yes or no, I want this to be open or not, because I think that ifI were in the
position of ChiefWinklehake for instance, and I felt that I had done the fight thing,
I would feel that I would want the public to hear everything that was said about
me because that would really air it.
Thornberry/He could do so.
Dieterie/As long as I am sure that you are offering these people this opportunity.
Thornberry/They've got that opportunity.
Kubby/DoeSn't it work, Linda, that the employee must request a closed session? If they
do not then it is open.
Woito/They must request it, but the council has discretion on whether to permit it, a
closed session or not. It's not mandatory, even if it's requested.
Kubby/Well, that's different than our understanding.
Norton/It is.
Vanderhoef/Yea. h, that's different than my understanding.
Woito/And wh&t you stated, Dean, about what would be open is different than what the
City Manager is recommending.
Thornbei-ry/I don't think so.
Kubby/Well.'
Woito/Your concerns, can I clarify, your concerns on personnel need to be deliberated
upon after you get through the information that Steve and I are collecting and I am
reporting on to you on legally as well as general policies and procedures, then you
can d6al with'personnel matters. They must be dealt with in a secondary stage. It's
preliminary to-
CHANGE TAPE TO REEL 97-6 SIDE 2
Woito/- and all my legal analysis which is going to be very expensive.
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Kubby/Ahd I guess I don't want people .to assume, we've got three hours scheduled on
Saturday, February 1, to talk about this. We may not get to it all.
Woito/We may not.
Kubby/And we may not draw any, be at a point to draw conclusions. We maybe need a
couple more meetings. So I guess I don't want to set up these expectations that
this is a three hour power meeting where everything happens. I don't think that's
the reality oYthe discussion ....
Woito/No. It's not.
Kubby/...Of the discussion.
Nov/We're talking about a work session. A learning session. And if we do part of it as a
public work session, you may sit and listen and learn about the procedures that we
learn about. But we will make that decision soon.
Dieterie/Okay~ well, i guess what bothers me as much as anybody else to think about
justice being somebody being sentenced or being charged or something like that,
that can happen. Who knows? But the point is that until everybody knows what
really happened and what all the circumstances are, nobody can really understand.
ThornberrY/It's going to be more of a fact finding than anything.
Woito/No, I agree, Caroline. I agree.
Nov/We all agree with you.
Audience/.When did you move back to Iowa City, Caroline? It's good to have a (can't
hea0.
Dieterie/(Can't hear)' in '68.
Audience/Oh, you don't live in Iowa City. You know you don't.
Kubby/Yes, she does.
Thornberry/Yeah~ she does.
Kubby/She lives on Walnut Street. What do you mean? She grows the greatest gourds in
town.
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Thornberry/You were thinking of Carol deProsse.
Dieterie/Get your women straight.
Bill Kidwell/Council members. I live in Windsor Ridge here in Iowa City. And I have just
a coupl.e or three short things I want to say. First I want to thank you for putting it
on your agenda, your prompt attention to our request for a lower speed limit on
American Legion Road. We appreciate that very much. Secondly, I am a former
police officer and I've talked to 2-3 others in the last couple of days and I want to
tell all 0fyou including the City Manager and ChiefWinklehake that not all former
police officers are in concurrence with former Chief Miller's letter at least in its
entirety. I also want to tell you that I.heard Caroline here and I've known her for a
number of years, speak about the people of the community. The people of the
community~ that's 100% of the people. And I think as Mr. Balmer said, the total
silent majority haven't spoken. I think about 85-90% of the people in this
community including myself would concur completely with the remarks made by
the lady who is the nurse from MECCA. She put it as eloquently as I think it can
be put. And I just hope that you listen to here and will take her advise. Thanks
very much.
Kubby/You know, it's so hard to know when we talk about the silent majority, how do
any of us know what the silent majority is thinking or feeling or wanting to have
happen. It's very difficult for me to know that even as an elected official who is in
contact, all of us are in the contact with a very broad spectrum of people and I
have gotten very mixed kinds of reaction from very surprising sectors of the
community so it's hard for me to hear, I think I know what the silent majority is
saying. I think it comes from community discussion for the people who get
involved in that discussion. Hi, Darryl.
Darrel
Courtney/1 Princeton Ct. I hope I can get as many leading questions as some of
those speakers before me have got so I can extend my time too. I come before you
tonight to express my support for three people with whom I have worked with and
put my trust in for many yea~s. I come as a past mayor, past council member, but
also as a resident and a voter of Iowa City. I was part of the council that hired R.J.
Winklehake as police chief with the recommendation of the City Manager, Steve
Atkins. I was also part of the council that hired Steve Atkins to his current position
as city manager. The decision to hire both was easy as both brought with them the
highest credentials, education, experience and references that one could possibly
ask for. I feel both have lived up to their advance billing and done an exemplary
job of running our city and police department. I could go through many examples
but time won't permit all of them, however I must point out the job done by R.J.
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during and after the November 1 shootings when even his own family was at risk.
I'll always remember sitting in his office while they called Chris Street's family and
what compassion and professionalism he demonstrated then. His leadership during
the '93 floods, my legacy as mayor of Iowa City, could not have been better. And
the' assistance that he gave to me in controlling the very difficult situation is always
been appreciated. There's always exceptions to any policy or procedure in place in
the city. These exceptions sometimes are tragic in nature. I happen to agree wkh
the poli~y that was in place at the time of this tragedy. Just to give you an example,
as it stands now, I'm second in line to be called to our offices when an open door
is found. We have 14 people who work at .our office. All have keys and all come
and go as they please any time of the day or night. There would be no way for me
to know who might or might not be in the building at the time when called late at
aight. When this happens, you can be assured I will not be the first to enter the
building. I'm no hero. I'm not as tall as John Wayne. I'm not as ruggedly
handsome as as Clint Eastwood. I won't go in first. The change of policy that's
happened doesn't change anything in that particular case. We're still going to have
a police officer going in first not knowing what's there. There's far too many laws
that are written, policies changed and criticisms leveled because of isolated
incidents. When City High hired a new principal this year, she wanted some parent
committees formed to help her to get to know the city. John Balmer and I were
both assigned to the community relations committee. During City High's turmoil
early this year, our first advice to her was in this city you will find that groups will
ask ~ou to run studies, ask you to hold meetings, ask you to form committees, ask
you to run another study, ask you to 'form another group, ask you to hold another
meeting until they get the answer that they want. As long as the answer is different
from the one that they want, they won't keep coming back. Until you tell them that
yot~ have enough information as an administrator to make a decision and inform
them of that decision, they will ask you to do it again and again and again. Council
at some point, you each one of you as an individual, have to say that you have
enough information in this case. And that you're not going to do this any more and
that the issue is closed. When four of you have come to that conclusion, then and
only'then will this issue be behind you. And I urge you to wait until you have
enough information that you're satisfied. And then the four of you can look at the
other three and say, it's over. But don't do it until you have all the information that
you need. Will you take some heat f6r this decision? Sure you will. That's what
you get paid the big money for. You should do the investigations. You should set
the policies. That's what we elect you to do. Police Review Panel is a bad idea
brought about by one incident. If there's to be a review board, it should be you
seven folks sitting up there, non-elected civilians who know nothing about police
work should not be involved in judging police matters. We elect you to do that. I
wish to disagree with the group of six. You have done the right things. You have
the done the only things you could do understand the circumstances. I know the
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limitations you live under and I want the public to know that there are limitations
and that you have done all you can so far. Can you do more? Sure. I said that there
were three people I wanted to defend this evening. The other one besides Steve
and R.J. is the mayor. The office of mayor in Iowa City is a ceremonial position.
It's even affectionately known as a weak mayor form of government. It carries no
more voting power than'any of the rest of you. No veto power. And with the
current group, very little coalition forming power. I had never handled 150 year
flood before and was questioned about some of the decisions I made then, I know
Naomi has never experienced anything of this nature before. And I know what
advise has been given by legal counsel in something in this nature happens. Legal is
hired to do exactly what she did in this case, and that is to advise her client, the
city, to reserve comment until all facts are known. If someone is to call for the
re. signation of the mayor, then each of you had better be ready to follow because it
is no more her. fault then it is Steve's, R.J.'s, or any of the rest of the police
department who were simply doing the job that we ask them to do every day. It's
is tragic.that one of the police officer made such a grievous error, but it is not
cause for the city to lose two very competent professionals and seven duly elected
councilors. ~ Thank you.
Carol deProsse/I am the person that should move back to Iowa City not my friend
Caroline Dieterie. My take on all of this has changed since I have been coming
down these many weeks to discuss this matter with the council. And my take on it
has changed because as I have undertaken outside legal counsel on this matter to
find out how the city might be culpable in this matter. And I fully intend to press as
a taxpayer of this city whatever it takes to satisfy me that the lawyers plural to
whom I have spoken have raised very serious in my mind about the. responsibility
this city shares for what happened on the night of August 30 1996. And to that
end, I will make this little statement as rough as it is because I wrote it up tonight
before I came over here and after my last conversation with my last lawyer
conference to date. And I want the city to look at this question very seriously and
give me an answer. I want the city to tell me if it is legal under federal, state, or
local law for police officers to enter or attempt to enter private property without a
warrant to search and seize on a suspicion that something is wrong because they
happen upon a door that is slightly opened through a lighted room. I have not had
a legal bpinion that says this is legal. So I believe the city is in trouble and I am not
happy to hear that. But for further clarification, I have asked when is it legal for a
police officer to enter without a warrant. It's my understanding that it is a belief on
the part of the officer or officers that evidence is being destroyed or/and a belief
that there is an escape being attempted. Now either of these a belief that there was
a destruction of evidence occurring or a belief that there was an escape being
attempted is absent from this intrusion by police officers into private private
property. . In fact no one no one even thought of securing a warrant and this
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obviously then leads one to ask have officers, were officers of the Iowa City Police
Department trained in the law of warrant so that as officers of the law they knew
what the law was. And then if they were trained in the law, who is in violation of
the law and is responsible for that. And if they weren't trained in the law, why not
ahd who. is responsible for that. Now I'm not a lawyer so I'm not prepared in a
discussion with anyone if anyone should desire to engage in a discussion with me
about that, but I believe very'seriously, and I think has been in my opinion hinted
at in some ways by city officials, some, and I include in that the city attorney
although I don't like the fact that she meets with the City Manager, someone I do
question at. ~his point in time his role in this matter and works on legal matter
related to this. But I do think that the trouble that the city is in has been hinted at.
And I think that it is a question that is of such importance to the city that it has the
potential of reverberating for a very long period of time. Now I came tonight to
ask for a bi-parted approach to your meeting on the first because I think if you do
it fairly, then I have no objection, but I do want to suggest that the February
meeting have a public portion and perhaps at a latter date or some other or that
day have a private portion. And I would like to have a presentation, I'm not
interested in comparison of how we stack up to other police departments across
the country. I'm not interested in several of the things that Steve Atkins said that
he would present to you. I'm interested first and foremost in the addressing of the
question that I raised in my first portion of my statement. And then I would like to
have a presentation of all policies and procedures that were written down,
approved by the City Manager and adopted by the council that were in existence
the night of August 30. I believe that'this is a matter of overwhelming citizen right
to know what the policies and procedures of our police department were. And I
would like a presentation of all verbal policies in existence at that time.
Thornberry/YOU want this presentation personally, Carol?
deProsse/I would like to know what they were?
Thornberry/Why don't you contact us through your attorney?
deProsse/,,Whose policies they were?
Thornberry/.You five minutes has been up about four minutes ago.
dePmsse/And who knew of them? Then when the citizens have had access to this
information, information of a compelling public interest, the council can adjourn to
executive session for a discussion of the relationship of the killing of Eric Shaw to
those policies .and procedures as it pertains to the claim against the city knowing
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that in all likelihood a discussion of such would involve personnel and pending
litigation. I believe this discussion regarding personnel.
Nov/Carol, (can't hear) now.
deProsse/Of course should be in the absence of all city officials with the exception of the
city clerk and the city attorney. Thank you.
Nov/Theink ~,ou.
deProsse! I must say that I personally'resent the fact that I've been the only person shooed
off the podium. Thank you.
Thornberry/No you weren't. You got h6re late.
Kubby/But it was hard for me to listen to the public's presentation if you choose not to
listen any more. We just need to be respectful of every speaker.
Council/(All talking).
Paul 'Sueppel/I'm a citizen of Iowa City for a number of years. My family's lived here for
/t number of years. I've been a police officer in Iowa City. I'm now retired. I can
speak. This is the first time you've ever seen me and it will probably be the last
time you ever see me. The only thing I want to say is I believe that City Manager
and the chief of police neither one deserve to be fired nor do they deserve to be
criticized. According to what Steve Arkins said early on tonight, if anybody
listened to him, he was preparing all the evidence as to were the police officers
trained, did the police officers follow the law, the things that you people should be
looking at. You shouldn't be listening to, excuse me, but an army officer telling
you about combat or somebody else telling you what they would've done. Listen
to .the professionals. The professional police officers. The professional people that
do this. I'm not talking about the radical police officers. I'm talking about you've
got FBI. You've got DCI. You've got professional police officers out here. These
are the people you should be asking the questions. Not the people who don't do
this. That don't do the studies. There's also a whole school of people that teach
this stuff. Ask those people. Don't be asking citizens that do not know what you
do as a police officer. Because you may set the policies up but you've got to go to
academies which train them. Steve's giving you this information. Wait until you
listen to this until you decide. Carol went to a lawyer who told her something.
Somebody else went to this person who told them something. These are
professionals. That's who you're listening to. There was a lot of mistakes made
that night. 'There's no doubt about that and it's tragic and I feel sorry for the
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Shaws. Let's get down to it. You've got the best police department in the state of
Iowa and it's going to remain that way. Thank you.
Nov/Thank you.
Thornberry/You've got three minutes left.
Kubby/Shash.
Thornberry/~You've got five minutes~ you've got five minutes.
Nov/It's a maximum, not a minimum.
Thornberry/Oh. Okay, okay.
Jim Throgmorton/715 N. Linn Street here in Iowa City. I listened carefully to what's been
said and would like to contribute my views. I agree with Citizens for Justice that
we should not think of Eric Shaw's death as just another unfortunate accident. As
I understand it, the officer who tragically and without malicious intent killed Shaw
was doing his job up to the point when he flinched and pulled the trigger. That
combination of policy, training, 'and flinching that produced Eric Shaw's death
differs quite fundamentally from an.accident. Eric Shaw's death should not have
occurred and we should not try to wipe his death from our minds hoping that it
will go away. Like Citizens for Justice, I also believe that a wound must also first
be cleaned before it can heal. If Shaw's death resulted from a combination of
policy training and flinching, then it is completely appropriate to insist that the
police chief, the City Manager, the 'mayor, the county attorney, and others be held
accountable for the performance of their jobs. Those who have not done their jobs
well, if any, should be removed from office or else resign. To account for
performance in a way that is fair to the people involved requires us to think about
presumption and burned of proof. Just as in a court of law where people charged
with a crime are presumed innocent, I believe we should believe in this case that
our city.officials have performed their jobs as well as can be expected. that's the
presumption. Given that presumption, the burden of proof should be placed on
those of, us who think particular officials should quit or be fired. For me this point
assumes particular relevance with'regard to the City Manager and the chief of
police. I worked quite closely with Steve Atkins for over two years as a member of
the council. And although I often disagreed with Steve, I learned to have a very
high regard for him and to deeply respect and appreciate his efforts on the part of
the city. Based on that experience, I would presume that Steve has tried to do his
job as 'well as could be possibly expected given the conditions and circumstances.
And I would have to be persuaded that he has failed in his duties. Though I did not
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work so closely with ChiefWinklehake, my experiences with him have been
nothing but positive and so I'would presume the same with regard to him. Cfiven
this allocation of the burden of proof, your challenge thus becomes to create a
process that enables citizens who bear the burden to ask the questions and make
the case in a way that is fair t0 the individuals involved. I think conducting part of
your February 1 meeting in public wouid be a good step in the direction. The more
you keep you{ discussions private, the more you leave the field wide open to
rumor and innuendo. I can imagine, actually I can scarcely imagine how much it
hurts to hear other people criticize your performance as you do your jobs. But
God this is easily the most.divisive issue I've seen in ten years, far and away. And
we need a public process that enables the people of this city each one of whom is a
citizen and each one of Whom has a right to speak to access whether its public
officials have performed adequately at a critical moment. So I guess all I want to
say in the end is don't shut down the conversation, however difficult it is. Work it
through in public as much as possible. Thanks.
Nov/Thank you.
Lehman/Thanks, Jim.
Nov/Is the~e someone else who would like to speak during public discussion? Okay, with
apologies to everyone who has remained here for P/Z manners, we're going to
take a short break.
Baker/Naomi, wait a minute, wait a minute. I want to say something. I beg your
indulgence. I need about 3-4 minutes
Nov/Okay.
Baker/
I've written notes here and I think part of what I want to say I should have said in
earlier meetings, but I want to say it now. It comes out of this discussion tonight
b.ecause I think this is looking back at other discussions on the same issue, I think
we've a much clearer cross section of this community tonight than we have in the
past which just shows how unresolved this particular issue is. I still have some
misgivings about a couple of things, one of which is process, the process that we
have done in the past that we are engaged in now. I wish that like every politician
you could say the right thing, the right combination of words at the right moment,
people would agree with you. The question would be solved. But I can't do that.
And I've listened to the members of this community and members of this coundil
discuss this for months and a lot of What has been said has been heart felt and
articulated with elegance and eloquence that has caused me to constantly
reexamine my own role in this matter and the role of others. Especially when I hear
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from people that I respect and I know people like Osha Davidson, I find myself
wanting to agree with them. I want my knowledge and my experience to find some
common ground from which we can together heal this community as allies not as
adversaries. I'm not sure any of us are going to be able to do that any time soon.
But I do want to express some concerns, and I was glad that Osha clarified some
statements that'were attributed to him because part of the problem in this whole
process is that we are here tonight with the great majority of this public, of the
publi6 hears, argues through another medium or mediums. And I know Osha finds
himself having to clarify things that are attributed to him, We all do that. And I'm
hoping that enough people listen to, night to all of this discussion that they get some
better sense of the problem that this council is up against. Here's my concern. It is
an individual concern. I don't speak for this council and as Osha said, it is an
opinion. I don't claim this as the truth. It's an opinion. Much of what has been said
in front of this council'in the past, to this council, about this council and other city
officials, I think much of that has become destructive of the ends to which it claims
to want to achieve. But we've got to find some common ground. That first public
meeting after the shooting, we listened to person after person criticize the police
department, the City Manager, the city council, and those criticisms established the
first perception of this whole public debate. We were told at that time that the
police.department was out of control, that people were more afraid of police than
of criminals, that the police .were more dangerous than the criminals. Some of the
examples cited at that meeting were damning examples, but the problem was they
were true. A lot of what was said however did not reflect what I perceive to be a
very good police department, very good individuals at the top, very good
individuals throughout the department. That's my experience of the police
department. It may not be the.experience of other people. But in the weeks that
followed that first meeting, on the radio, in the newspape?, in these council
m~etings, you get a pattern of discourse that's evolved around key words. They
come up again tonight. They've come up in the name of the organization that's
appeared in front, truth, accountability. The thing that I've raised with Osha, real
justice, which I still have a hard time understanding. But the repetition of those
words clearly indicated that for many people, truth, accountability, and real justice,
have not been achieved in this community. But it's the goal through accountability
and justice which are exactly the common ground that I hope we can achieve. But
they have to be achieved in substance and not in symbolism. And that's the difficult
part. So was the death of Eric Shaw just? No, of course not. But it was not a
murder and did Jeffrey Gillaspie kill Eric Shaw? Of course that is a truth. And was
Sh&w's death avoidable? Absolutely, but was that death criminal? That's a
determination-that won't come from this body. It's got to come from some other
authority and I think that's part of this problem, that that determination made
earlier, a lot of the public anger would've been directed somewhere else. So we're
being asked to. determine. who's responsible for his death and who should' be held
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accountable and that's the unresolved question. It's a question with a big
implication. Tragedies ought to have an explanation. There ought to be somebody
that's responsible for what happened.. And if it's not Jeffrey Gillespie, Who seems
to some people to have escaped punishment, then somebody else must be held
accountable. That seems to be where we're going. Has justice been achieved so
far? And this is where I'm very glad to have Jim Throgmorton stand up and say
what he said a few minutes ago. The presumption of innocence, the presumption of
doing a job well, is got.to be where we begin. That's where my real concern comes
in because as much as I respect many of the people that have talked tonight and in
the past, my re~[1 concern is that we're being asked not to investigate something,
but to validate a conclusion that's already been formed in the minds of some
people. We are going to do our own investigation. We are going to look at
policies. Some of those po. licies have already changed. I have said in the past I
wish that we had waited until the civilian police citizen review board were formed
because it would have been a more credible body to investigate this matter. The
council was slow to acknowledge that. So now we have another avenue to achieve
the same thing. Some people in the audience would say we have done enough
already, let's move on. But there are legitimate questions that need to be asked and
answered. My concern, finally is that as precise as we ask those questions, some of
the answers are going to be unavoidably imprecise and at times ambiguous. If the
public only accepts precision and only tolerates certitude and can only define
justice in terms of some living person suffering a loss, some moral equivalent of the
death of Eric Shaw, then this investigation is futile and reconciliation for this
community is no where closer. I only have concerns about what were are going to
do, not for what we are doing but for how it is going to be interpreted in the future
and I hope as Osha says we may, the public, parts of it may not agree with where
we go with this. But somehow we do have to reach a resolution and go on and
that is my concern.
Kubby/But Larry, isn't part of- accountability doesn't have to be somebody leads the
service of the community. Accountability can also be taking responsibility for lack
of behavior on our part. It could also be change in how we run things. There is lots
of different ways for an institution like the city to be accountable.
Baker/
I absolutely agree. My pbint is that for many peoplo in this oommunity,
aoeountabillty is only determined or defined by punishment for individuals. That
might not be ,appropriate.
Norton/Larry, there are many forms of such punishment after all. I think I have to look at
the facts and see where that goes and there are many things beyond- many forms
of sanctions. If those, indeed, are indicated by what we discover. It seems to me
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ihat we have to keep that in mind and also the judgment about a person is in a
context of a long term of service, not just a single incident. All of those.
Baker/I want the public to understand it as well.
Kubby/And whatever conclusions we come up with, because I share some of your
concerns about the appearance of what you keep calling a white wash. But some
of that is under our control and how we communicate, the process we have gone
through and what conclusions that we draw. That we have a responsibility to
communicate that in many different media as clearly and concisely and as together
as possible as we can.
Baker/And that is why I think it is essential that we have, when we get to a certain point
in ~having discussion about police policy and procedure, I think we are justified in
sitting down privately among ourselves, relating it to this case. That we have an
obligation to then go back to the public and say this is the conclusion and this is
why. Osha is right, people have to understand where we or how we reached a
decision. I just want the'council to follow through on that.
Norton/No problem.
Davidson/Can I say something that can help, I think with the-
Lehman/- Step up.
Nov/I will give you another minute. Go ahead.
Davidson/Dean, don't ask me any leading questions. Speaking I think for everybody in
our group, punishment is not the only thing or even an essential part of what will
satisfy us. If we truly believe that justice has been done, that you have done your
best to really look for the answers, to find who is responsible, who is accountable
and deal with it in a way that is really appropriate. Now that is not giving you carte
blanche that we are going to agree with it. But I want you to understand none of
us in the group are out for punishment and there is this talk of why do you people
want somebody to hang. I find those metaphors very offensive in the case where
somebody actually died. But aside from that, that is not our purpose. Our purpose,
I believe, is the same basically as what Larry just said. And if you do that process
and arrive at those conclusions, I'think you will find that our group, at least our
group, will be satisfied. Thank you.
Nov/Okay, everybody ready? And I mean five minutes.
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Karr/Madam Mayor, can we have a motion to accept correspondence? ·
Nov/(Kubby/Vanderhoefto accept correspondence). All those in favor, please say aye-
(ayes).
[Council break 9:15 PM to 9:25 PM]
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ITEM NO. 7a Public hearing on an ordinance amending the Zoning Chapter by changing
the use r6gulations on a 40.7 acre parcel located on the north side of Rohret Road, east of
Highway 218, from RS-5, Low Density Single-Family Residential, to OSA-8, Sensitive
Areas Overlay/Medium Density Single-Family Residential. (REZ96-0020)
Nov/Tape is on. P/Z matters. (Reads agenda #7a). P.h. is now open. Is there anyone who
would like to talk to us about his development?
Charles Reed/1240 Jensen Street. I guess I am going to be talking about-my concerns as
far as the zoning always changing around where I live. Just down the street is
where. I guess Walden Road will turn into this subdivision. I was here the last year
trying to stop or I guess we did reduce Mormon Trek Village a little bk but just
north of me, no, south of me'is Mormon Trek Village with all their future building
that is going to be going on and then just west of me now I am going to have more
building that is going to be going on. And when I first built my house, everything
was zoned RS-5 and I thought that I was going to have a nice neighborhood
around me and now everything is changing. Right behind me we had some
duplexes go in~ that has worked out nice because there were going to be three 12-
plexe~ at one time. But that got reduced down to some duplexes which worked
out nice, Still that added a lot of traffic for us onto Walden Woods which
everybody said was fine and they could accept that traffic there. Then with
Mormon Trek Village, as it starts to grow and all the people that are going to be
there, I am going to see lots of traffic and people that are going to be sharing my
street. I guess that is another concern I have. Not only with the number of people
that are going to be moving in but the amount of traffic that is going to be coming
through. Not only, I guess, .Walden Woods coming from Benton Street, no, not
Benton, Mormon Trek onto Walden Woods and then cutting onto Cell Drive and
then it connects right with the future Mormon Trek Village. I know Shannon Drive
is going to be in the new area but I think with the amount oftraffi~ that is going to
be coming from Mormon Trek Village and then the new traffic that is going to be
coming from Walden Hills. That Walden Road is going to get really well traveled,
not so much in the morning, I think, as the morning traffic will kind of hit stop
lights. But it is going to be in the evening because they can skip the traffic light and
come up Walden and hit Cell and right into Mormon Trek Village. The problem
that I foresee is Walden Road into the new Walden Hills, they say it is going to go
down and connect with I .rving and then that Irving connects in with my street
Jensen. People are going to be taking that if they can't get up Shannon or Cell
from Walden. They are going to b6 coming up my street to get onto Walden Road
and I just see more traffic come up my street now. So I am just two houses down
from Walden Road and then. I will be seeing traffic come up Jensen Street and I see
a concern there. Just like I said in the beginning, the number of people because.
when it was zoned RS-5 and then became RS-8 and then it is I am not sure
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numberwise how many people this means. But this OPDH-8 in Mormon Trek
Village and then with what they want to change Walden Hills, that is going to add
approximately like 500 extra units, 200 more cars if you go on the average with
what American families have, two cars per family. 200 extra cars just in Walden
Hills alone, not even taking into account what Mormon Trek. Village is going to
have. I just see a huge mass oftraftic there not to mention how many people are
going .to be living in there in that area. So-
Nov/Mr. reed, whenever we say 8 wb mean a maximum of no more than 8 units per acre.
Okay and it doesn't matter if it says RS or OPDH.
Reed/Okay, I understand. But I am just concerned about this numbers of people that are
going to be going in from when I first brought my house and all the zoning that is
changing it. It doesn't seem like zoning means anything anymore. IfI want to talk
to my neighbors into tearing down their houses, can we put up 12-plexes there
because the zoning doesn't seem to matter.
Nov/Okay, we understand.
Reed/Thank you.
Sharon McDonald/I am representing the Walden Woods Neighborhood Association and
Ty N Cae Neighborhood Association because Judy Pfohl took sick tonight and
called me and said that I could speak on their behalf as well. I have a couple of
points to make so I am going to try to be quick. The first is sort of a procedural
point: When zoning is changed, the residents that are within 200 feet are sent a
letter and if 20% of those residents sign a petition, a notarized petition, that will
cause you people to need a supermajority vote in favor of the rezoning and so we
went and got our 20%, in fact, we got 40%. 47 letters were sent out, we got 40%
of those people signed a notarized petition. But it turns out that that is not going
to-work because the abutting landowner are the State of Iowa, the Galway Hills
Development Corporation, the Iowa City School District and Galway Hills (can't
hill). So the fact of the matter is is that even if 100% of Walden Woods people
signed the petitions, we still wouldn't be able to affect the supermajority vote. And
that doesn't really seem fair because we are the qnly actual humans involved n this
transaction and Iowa City School District, you know, doesn't live there. Galway
Hills Development hasn't been developed all the way down. The State of Iowa
do. esn't live there. So the actual residents who are going to be affected by this are
not being allowed to have the input to have you guys have a supermajority. Do
you know what I am saying?
Nov/I understand what you are saying.
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McDonald/Procedurally that (can't hear).
Nov/The way the law works and we all understand but you are having your say. We are
sympathetic to what you want to 'say.
CHANGE TAPE TO REEL 97-7 SIDE 1
McDonald) When Mormon Trek ~Village went through, there were two main aspects that
people said they were voting for. 'They said that they were putting Mormon Trek
Village in because it had two arterial roads and because it didn't divert any traffic
through existing neighborhoods. This is not the case with this new development. It
has one road, Shannon'Drive, which is going to dead-end at the end of this
development. It is not going to go through to Melrose. And so it only has the one
access in' and out and so they are needing to, they say, open Coll and Irving Streets
so that there is access into this neighborhood other than the one street they are
going to build. So that.means that just by definition you are going to be diverting a
bunch of traffic through an existing neighborhood. So it seems that the one
standard that was held for Mormon Trek Village, if that is applied in this case, I
would think that you would need to vote no on the rezoning because there is not
an arterial street. However, if you deci.de to pro.ceed with the rezoning, we really
strongly request that you make a commitment as a council to have Shannon Drive
go all the way through to Melrose Drive. I think it is Melrose Drive. Even though
the developer doesn't obviously have to do that and the next developer is
supposedly going to take it out to Melrose. But I think that that could be a very
importapt street in our city planning. We have a huge new. mall that is going out in
that area. The lack of access between Rohret and Melrose other than Mormon
Trek has always been an issue and it seems to me that this is an opportunity for the
city to be sort of proactive and say okay, we really do need a street that goes from
Rohret to Melrose. A lot ofpeopte can use this for a lot of reasons and if the
developers can't take it all the way through then the city should take it all the way
through. Somebody should take it all the way through because otherwise what you
got is a big street that ends at the end of that property and doesn't go anywhere.
Nov/Sharon, I am sure you understand that it eventually will go through.
McDonald/Right but eventually is a long time and-
Nov/It is true.
McDonald/.And they even say in the City Engineer's report that it will be several years
and it also says in the same report that your own existing subdivision regulations
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require .the two existing neighborhoods that are so close be connected physically
and so, here we are willing to bend these rules and say well, it can take a few
years.
Nov/Well, I understand what you are s.aying. However, the rules will apply to the
neighborhoods. once they are built and we just don't know how many people will
purchase the lots and build houses and how quickly. So that is why these things are
always said by the; time the neighborhood is filled up, the roads will connect.
McDonald/So by the.time all of Walden Hills is built, Shannon Drive- Somebody is going
to connect Shannon Drive and Galway Hills' or Shannon Drive and Melrose.
Nov/I think it has to be both Galway Hills and Walden. They have to work together to
build a neighborhood and connect them. I don't think one person is going to be
able to do it.
McDonald/But what if Galway Hills doesn't want to do that?
Nov/Ift'hey choose not to sell the lots, I doubt it.
McDonald/Okay. Okay. So they are going to develop those lots regardless of how the
people in that community feel about it. I am just saying that I have the feeling and
this is no slam intended against Galway Hills but I just have the feeling that they
are going to say no thanks, we don't really need an arterial street connecting
Rohret and Melrose.
Nov/Bob, do you have the overhead? Do you have a transparency that we could show
people?
Kubby/And Shannon, it is not an arterial. It is a collector. Isn't that right?
Nov/Yeah, Shannon is a-
McDonald/I guess. I was saying that Rohret would be the one remotely arterial rather than
extending an arterial (can't hear).
Bob Miklo/IfI may just point a few things out about Shannon Drive. This is actually the
Galway Hills Subdivision up here. This is the area that we are looking at. It is a
previous concept for that area. Shannon- The particular development that we are
looking at, Walden Hills, will bring Shannon Drive to this point. All the plans that
we have seen and discussed with the Galway Hills developer would continue
Shannon Drive until it eventually connected with Melrose Avenue and it is true
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that that will not occur immediately but it will occur as Galway Hills is developed.
All of the plans have shown it to this point. It is not an arterial street designed to
serve.the entire west side. It is a collector street designed to collect traffic from
these two neighborhoods and send them back to Melrose Avenue and Rohret
Road. One of the attradtive things about this development is that Rohret Road
does have sufficient capacity for additional traffic. That is one of the reasons we
restrict access to arterial streets is so that they move smoothly and that is our
experience with both Mormon Trek, Melrose Avenue, and Rohret Road. People
choose to use those streets rather. than local streets because there aren't driveways
or a lot of intersections that slow traffic down. And that is the planning concept
that we are trying to build 'into this neighborhood and why Shannon Drive will
eventually connect and the traffic generated within the neighborhood will be from
the neighborhood and not outside areas.
Kubby/Sharon, will you talk a little bit about why the two neighborhood organizations
you are representing tonight want the street to go through now versus later. What
advantage is that?
McDonald/Well, we are convinced that there is going to be a huge traffic tie up.
Nov/Move the microphone a little bit.
McDonald/We are convinced that there is going to be a huge traffic tie up at Shannon and
Rohret if there is only one way to get in and out and if there is not a huge traffic tie
.up at Shannon and Rohret, we suspect it is going to be they have all diverted
through Walden Woods.
Kubby/So' that people have the choice of Melrose or Rohret Road?
McDonald/Right. So they can-yeah. Oh and my last point that I want to make and I can
talk more but I am trying to be brief because I know you guys are tired. The last
point I want to make is regarding the comp plan. when we read the comp plan, our
neighborhood association, we read it and said okay, this is a comp plan, we get it,
and our interpretation of it was okay~ the west side clearly is living up to what is
being talked about in the comp plan. We have got lots of diversified housing. You
know, in our little strip of just Mormon Trek, from Melrose to Hwy 6, there are 12
developments and only three of them are RS-8 or less. So we read the comp plan
and went okay, we are cool, this is fine. What we get when we go to P/Z is the
comp plan says that we want diversified intense housing, so that is what you guys
are going to get. And so it just seems like we are reading it-we read it sort of
differently. I think you can read it from our perspective and say the west side has
got a lot of comprehensive diverse intense housing and say maybe we shouldn't do
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a whole lot more over on that little itty bitty part of town. And I am just talking
about my little corner of the west side. I am not talking about the whole west side.
Or you can read it the other way which just says the comp plan says we are into
intense housing, so that is what you are going to get. So I just want to point out
that there are two ways of looking at that and our first read would be the one that
we wouldn't encourage you to take on it. And I can answer questions if you have
any as they come up.
Nov/No, I'think we understand.
McDonald/Thank you.
Kubby/Bob, who is the developer and owner of this property? You can wait until alter the
speaker. Mace is, okay, thank you. It is not clear on any of the paper. Ma~e
Braverman is the answer, thank you. Southgate Development.
Miklo/(Can't hear).
Deborah Strike/I live at 12 Coll Court ~tnd just moved into that neighborhood, that facility
on actually the end of May but have lived out on Rohret Road three miles out just
passed the city limits for the last 8-10 years. So I have seen all the development go
on in this area since I have lived out that way and have noticed the impact on
Rohret Road itself. I appreciate the road being done very much and very much like
not having the' ditches and things to contend with. But I am concerned a lot about
the safety issue of this development and the overcrowding issue with the schools
which they are also addressing tohight at a separate meeting. For the next year it is
probably decided that Weber will not have all day kindergarten, the only one of the
four schools in the area and we are adding yet more housing to that area and they
will need to, at some point in time, change the boundaries there because it includes
Galway Hills and all of those areas. A concern from the safety stand point that my
children would have to walk or ride their bike past Shannon Drive with all that
traffic being diverted out the Rohret Road and out to Melrose and Mormon Trek,
excuse me; Mormon Trek, because no one but children going to school will be
going 'the other direction in the morning. So all will be going out to Mormon Trek.
So they would be walking by that street everyday and also that would encompass
the buss. There probably will not be a bus if they rezone. They would be walking
or riding their bikes. And just the diversity of housing, it doesn't really flow with
the rest of the neighborhood with all the four-plex buildings, the 12 unit buildings.
We are not opposed to having s.f. and zero lot buildings. I think that is a great idea
and that flows very well with the neighborhood. One of the concerns was that they
were going to do some traffic calming which means-narrowing the streets which
will not allow a city bus to go down and I am concerned about snow removal. In
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that case, what they would do is also go to Coil Court or to Irving because those
streets are wider and they do have area for snow removal, garbage pickup and
buses. So that would divert more traffic that way. With the lie of the land it also
has the slope which means the land up above is a little flatter. So they are going to
have trouble getting up that hill by Shannon Drive unless they do some grading
there. At least that is the appearance that it shows now. And so mainly those are
just some of the safety things and we are also concerned if the streets are narrower
or if it is a traffic calming type of thing, once they get out into the main street,
there is a tendency to speed p there and they don't know necessarily that there is a
school further down that children are walking to and riding their bikes to and that
there will probably need to be some limit changes enforced there. Thanks.
Nov/I hgpe we do enforce speed limits in school districts. We have always done that in
the past. Is there someone else who wants to talk about this issue?
Aaron
Parkinson/21 Coll Court in the Walden Woods neighborhood. I was just
wondering whether the design has changed or not. Whether consideration could be
given to not. opening Coll Drive and orIrving Drive out to the proposed
neighborhood. I don't see why it is necessary and I am concerned about traffic
coming through our neighborhood as other people are to avoid exiting onto
Rohret Road. I understand emergency vehicle exits is the concern but I cannot see
why such vehicles cannot use Shannon Drive to access the area anyway.
Nov/Is that a question we can answer, Bob?
Miklo/
I believe the area he is referring to, these two streets which connect back into
Walden Hills. They do provide secondary access, not only to this development but
also the existing homes here. If Coll Drive is .ever blocked, there would be a route
for emergency vehicles and others to come into he neighborhood. So it serves both
neighborhoods to have this connection. I would also just like to point out that in
terms of Shannon Drive being narrower, it is going to be a 31 foot wide street
which is a collector standard. At the intersections it will neck down to 22 feet wide
and will accommodate buses, snow removal. It is going to be a typical collector
street..
Parkinson/I guess I just want to remind people that there are other accesses to our
neighb.orhood from Mormon Trek as well. If Coll Drive was blocked, youcould
still get in that way. Thanks.
Nov/Thank. you.
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Larry Schnittjer/Form MMS Consultants. The only reason I got up is if you have gdt any
questions, I will b glad to try and answer them. The only comment I would like to
make about the subdivision is we spent a lot of time working on it, trying to devise
a traffic pattern that would minimize the amount of traffic that would go to the
adjacent neighborhoods and I think this plan probably does that as well as
anything. The original th!ngs that we were asked to consider from the Planning
Department was that Coll Drive would be the "collector" that goes through this
whole development and we strongly proposed that in the design and we have a lot
better design because of that consid6ration.
Nov/Thank you..
Sharon McDonald/I just have one more tiny little thing to say. We saw the plans for the
houses and they are very nice and I think Mr. Braverman and Mr.. Happel have
done a nice job and we don't think they are trying to destroy our neighborhood.
We just think that maybe we have slightly different perspectives on things. Mr.
Braverman said to us that he would be willing to block off Coll Drive and Irving
Drive until Shannon went all the way through to Melrose so that we wouldn't have
any traffic concerns and we'said that is nice. That will kind of handle out traffic
concerns. It is not going to help Rohret Road which we really do believe is going
to be a. nightmare. But it would handle our problems. But we were told by the city
that that wasn't possible because they need to be able to get emergency vehicles in.
And it strikes me that the townhouse unit down below, the famous, infamous
yellow townhouses behind Quik Trip. That only has one entrance and they have an
emergency vehicle thing right by Quik Trip where the fire truck can go smashing
through these !ittle things if they need to and we would be' willing to have those
fire things that fire trucks can go smashing through it you need. I couldn't see why
a fire track would come all the way through our neighborhood and want to go
smashing through one of those things rather than just whipping out Rohret and
down Shannon. It strikes me that that would be the quickest way to go.
Nov/They would take the quickest way unless it were closed.
McDonald/Or blocked which is entirely possible. I mean they have trouble getting up the
hill to Walden Place and we see them coming up there all of the time. And the
6ther thing is is if the City Engineers truly believe that this is not going to generate
any more traffic for our neighborhood, then it should be okay to cut those two
streets off because there shouldn't be any need for it. People aren't going to need
that and if they are going to need it, let's just not increase the density. Keep the
~lensity. at its current level which would be 140 units approximately as opposed to
250 or 249 units and so we are not opposed to the plan. We are not opposed to
building. Obviously Mr. Braverman and Mr. Happel have a right to build on
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property they own. All we are asking you to do is take a second look and a really
.close look at this rezoning aspect. Adding 500 new units to this tiny corner of
town over the next 4-5 years strikes me as not the best kind of planning that we
could be doing.
Nov/When you say 500-
McDonald/I am talking about Mormon Trek Village.
Nov/Okay.
McDonald/That they are kitty corner from each other.
Nov/I understand. Is there anyone else who would like to talk about this topic? Okay.
Staff, are we ready to close this p.h.?
Miklo/No, the p.h. needs to be continued to January 28th.
Karr/Could we have a motion to accept correspondence to date and then a motion to
continue?
Nov/Moved by Vanderhoef, seconded by Thornberry that we accept correspondence on
this. All in favor, please say aye- (ayes).
Norton/I just want to raise one point to think about before next time. Obviously such
property can't sit empty and Rohret Road is going to get more traffic one way or
another. We have designed for that. Looking at the RS-5 which was the originally
zoned and if you take that times 40 acres, you could develop 200, right? Now
some of that is not developable but I cut you down to 140. But suppose you split
the difference and went with 200. You see what I mean? As distinct from 250. It
seem to me ~hat might compromise between the density that it was previously-
That would essentially not be rezoning it. 40 acres at RS-5; 5 times 40 is 200.
Seems to me a good number but-
Nov/You would still need an OPDH and-
Norton/I don't care how you do an OPDH or OSA. I don't care how you get there. In
the details I am talking about. 200'units seems to be a reasonable compromise. But
I don't know. That is an idea to think about.
Nov/Ok.ay, we can think about it.
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Norton/I will.
Mace Braverman/Dee, you made me come up and say a few words. I am Mace
Braverman, a resident of Iowa City. One of the things that members of the city
council has stressed on us as developers is how can we bring cost of housing down
and how do we develop areas within the community that are now being served by
services rather than hax~ing to push those services further and further out. There is
a rule of supply and emand. The cost of land nearer the central business district
that is undeveloped is higher than the land further from the central core. Now if we
have to develop or if we are trying to develop housing, adequate housing stock the
is more affordable using this land that is closer to the central core, we necessarily
are going to have to get more density.
Norton/I can follow that argument, Mace. I am debating that. That is one side of the
argument. The other side is pressure on adjoining neighborhoods. Trying to
balance those two, I agree is tricky.
Braverman/One of the reasons that we picked this is because there was going to be a
collector street going through that should not in anyway eventually affect the
surrounding neighbors, the abutting neighborhood and also Rohret Road which has
been developed to a greater standard for traffic and that is the reason.
Norton/Can you comment on the senior possibility because one of the aspects of this if · there is a senior unit in there-
Braverman/There will be- The reason that there is an'acreage that is set aside is we are
working with another development company from out of state who are looking at
this to provide affordable housing for the elderly. Okay. We had hoped that they
would have come up with a design that could be presented at the same time this is.
That design has yet to be forwarded. So, that will have to come in and we have
agreed that that will have to come in under a separate zoning consideration when
that design- All we are asking in this is that the number of units be reserved for
that acreage but that it must come through the process to be approved at the time
that the design has been completed.
Kubby/So how do you respond to Sharon's comments because I really hear you saying
we are responding as developers to some of the council's desires to have infill
development at higher density, mixed styles of housing. It is everything we are
talking about. But then there is this added issue of where does this kind of
development happen and does it happen in different places around town?
Braverman/Well, it won't happened in Manville Heights, okay?
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Kubby/But there are some other areas of town or are there?
Braverman/I don't know. This land happened to come up because someone passed away.
It is in an estate, okay. But I don't know of any other land. There is land that we
are looking at south of town but my experience with the areas going further down
South Gilbert Street is knowing that people's attitudes are such that they would
rather live somewhere.else than on South Gilbert Street. That has been out
experience.. Okay.
Kubby/I guess I am asking for a response. Not'maybe so much because of the situation
that this land was available but as a developer and looking at the whole city.
Braverman/Coralville, North Liberty. That is what is happening because we can't find the
kind 'of land and yet the kinds of density that is needed to bring housing in at the
same cost that we can do in smaller communities. Okay?
Norton/What will these run down to, .Mace? Have you got any idea? At what cost? What
will be the- What are we talking about here, bottom line? Can you guess?'
Audience/(Can'i hear).
Norton/So you will get under $100- hopefully.
Braverman/That is what we are trying for.
Nov/The answer was $95,000 and up.
Braverman/That is, you know, unless you go in a vertical kind of integration with in
essence turning apartments into condos, we are not going to be able to get any
cheaper.'
Vanderhoef/I have.a question and I don't'know whether.it is for you, Mace, or whether it
is for staff. But it seems to me that the concerns that I am listening from the
rieighborhood people have to do with. traffic and the number of people and the
number of cars and I am looking at Shannon Drive and they are calling it a
collector. Now on your original plan I was assume this was a collector when this
whole area was zoned RS-5. If we are increasing this density and as they have
indicated the number of houses, the number of cars per house, etc., then are we
fooling ourselves when we put a collector through on Shannon Drive or is this
something that needs to be looked at as an arterial and planned for that in the
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beginning rather than after the fact because we are already recognizing and
addressing traffic calming kinds of activities.
Braverman/I think, and I am not going to answer for them, but the purpose of the traffic
calming is not to limit the amount of traffic. It is to help limit the speed of traffic.
Vanderhoef/I understand the speed kind of thing and I am just questioning, in my own
mind, whether the design of both the street and the developments are truly meeting
the needs of the neighborhood.
Miklo/In terms of the number of housing nits proposed here and also Galway Hills, a
collector is Sufficient. An arterial is not- necessary to serve the development.
Vanderhoef/Okay. What are the guidelines? I don't know that there is that-
Miklo/Collector street typically carries between 2,000 to 5,000 vehicles per day and this
would carry- I }:an get you the exact numbers or the estimated numbers at the next
meeting. It is going to.be the lower. end of that.
Vanderhoef/Even with the increased density if we change the zoning to RS-8?
Miklo/That is correct. Right. There probably will not be a lot of traffic from Mormon
Trek Village using Shannon Drive. There will be some but Mormon Trek-
Vanderhoef/Any projection on that?
Audience/(Can't hear).
Miklo/Mormon Trek Village, the traffic from that- Mormon Trek will continue to be
more convenient because, as I said, there are very few intersections with Mormon
Trek Blvd. There are very few driveways. So it will continue to carry the bulk of
the traffic there. That is what it has been designed to do whereas Shannon Drive,
someone using it to get farther west will have to go through several turns and
curves and that is one of the ~easons for the traffic calming.
Vanderhoef/We have had other places in the city that, you know, five years down the line,
when the street finally gets connected up and all at once people said I bought my
house on the.street that was a dead-end.
Miklo/That is why someone buying on Shannon Drive should be aware that it is designed
as a collector.
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Vanderhoef/Right and I mean First Avenue is a prime example of a street that was built as
an arterial with lots of di'iveways on it and yet-
Miklo/That is an older-
Vanderhoef/That is an old one and so what I am trying to foresee and look at is are we
making a mistake in calling Shannon Drive a collector versus an arterial? That is
my question.
Miklo/Our traffic engineer, our traffic planners would tell us no.
David DePew/Are you leaving the floor open now?
Nov/Yes, ~ve' have not closed the p.h.
DePew/I live at 2630 Walden Road. On the issue of density, it is part of the conception of
affordable housing, mixed strategy in housing, to retain the sense of community
and the value of living in a neighborhood that people-that is part of what their aim
is. The perception in our neighborhood and the surrounding neighborhoods is the
growth is so rapid and the economic factors indicated by Mr. Braverman are so
intense that in effect in order to satisfy the one requirement, you are dropping the
value of life in the community. That has not happened yet there. It is a young
growing community full of families for whom this is, at least our neighborhood,
their first home. Retaining that value has to be part of consideration, I believe as
well as the economic considerations mentioned by Mr. Braverman.
Nov/Thank you.
Thornberry/At least ·he is not proposing a trailer park.
Larry Schnittjer/I didn't want to get-up again but one of Dee's questions I think needs to
be'addressed. The physical appearance of Shannon Drive, with the exception of the
traffic c~alming devices, is g6ing to be identical to Rohret Road. Most streets are 31
foot. wide. The major difference is that there will be some driveways, not very
many, on Shannon Drive. Most of the lots and structures that have been designed
are designed to have private drives that come out onto this thing that have several
pri;vate drives or else side streets, not individual houses with driveways. There are
a few individual houses but not many. The other comment was regard to the last
gentleman that just spoke. In this development we have proposed that the whole
east side of the development would be identical in the housing structure to what
they .have with the exception of the condominium cluster at the south end.
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Norton/That is compatible with Coil Dive, yeah.
Nov/Is there anyone else who would like tO speak on this topic? We need a motion to
continue the p.h.
Moved by Lehman, seconded by Thornberry to continue this p.h. to January 28th.
All in favor, please say .aye- (ayes). Motion carried.
Kubby/Thank you to everyone for staying for this conversation.
Vanderhoeff Yes, thank you.
Nov/Our thanks, our sympathies.
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ITEM NO. 7b Public hearing on an ordinance amending Title 14, Chapter 6, entitled
"Zoning," by changing the regulations pertaining to childcare facilities.
Nov/P.h. is open.
Ed Sobaski/I am the. applicant. 2315 Cameron Way. Due to construction time and
deadlines that need to be met, every week is'kind of getting important at this point.
So my request is if you could expedite the process as much as possible.
Norton/Can you pull that mic over a little bit to you.
Nov/When can do that if the council wants to but it would be about four weeks from
now? We would do our first vote two weeks from now and if we do the second
vote and the third together, it would be four weeks from now. If we don't expedite
it, it wouldbe six weeks.
Sobasld/I am about ready to go.
Nov/I just Want you to understand that expedite is still four weeks away.
Sobaski/Okay.
Thornberry/Do you think the ground will be thawed in six weeks as opposed to four?
Sobaski/Well, we are going to where mittens and I hope the best.
Thornberry/They have got something t'o dig a hole, Dee.
Norton/That is what we need.
Sobaski/Thank you.
A1 Axeen/I am a director of HACAP for Johnson County and vitally interested in this
daycare and vitally interested in the fact that we get this process as expedited as
possible. I understand the procedures that have to be followed to get these things
· done. And anything you can do to help us will be immensely appreciated. We are
on a very very close timeline to get this done so that we can have it ready for
Headstart classrooms by the fall, If we can get into the- If we can for sure get into
the building by the first of July, I am certain we can get all of the regulatory
matters with the state cleared up and make sure that we have all the facilities up to
snuff and it is going to be tough even at that point to do it. So anything that can be
done, we certainly would appreciate it.' Another thing I would like to compliment
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the City of Iowa City on is the fact that when we originally started this process, it
was-We were stumbling into it like everybody else does with a daycare and putting
the process out for bid. It is the same thing that we went through when we put up
a facility just like this in Coralville that daycare, is in every zoning ordinance that
we could fin.d, is kind of a stepchild or foster child. However you want to look at it
which is kind of nobody wanted it in that zone and they would have hoops that you
would have to jump through to make that possible. And we did this in Coralville
and it was kind of a drawn out process. There was a lot of bickering and rezoning
and don't look at this too. closely when we do it. It was a good project. Here staff
looked at. it, P/Z looked at it. They said, you know, really if welfare reform is to
get a job, then these people that have to get a job are going to need daycare and
kids that are eligible for Headstart need facilities: So they asked staff to do
something. Staff looked at the problem and I have to compliment them. They
actually, is you look at your memo that they provided for the P/Z, kind of a 180
degree turn about from what the Zoning Ordinance said about daycare before. And
the encourage now that this ordinance has for it and I really want to compliment
your staff, they worked effectively, quickly. I know to add, to me, it looks like we
are getting closer and closer to a deadline that we will never make. But they have
worked very quickly and have a done a lot in a very short time and I think you
should be complimented for that. Thank you.
Nov/And I think that you should be proud of yourself for having instigated this change in
other zones as well as yours.
Axeen/Well, I think its time had come. You really have to congratulate staff'. They didn't
have to make a 180. They could have played this out over a period of time to see
what. But this is the nature of what daycare is going to be down the road and we
appreciate it.
Nov/We sent a copy of our new daycare plans to Coralville if they want to change their
zones.
Axeen/Did you do that already? I am going to hand carry it down there.
Nov/I figured you would.
Axeen/Thank you.
Baker/Naomi, we have got a meeting on the 21st, a budget meeting. Why couldn't we
have a 'short formal agenda and get the first vote out of the way?
Nov/I imagine that if we all agree that we want to expedite this, that is the way to do it.
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Baker/Why not?
Lehman/That is fine..
Nov/Do I hear six nods? Six heads shaking?
Vanderhoef/It is all fight with me. Go for it.
Nov/Okay. ·
Karr/So you are calling a special formal meeting so we can collapse, waive a call?
Baker/No-
Nov/We can call a special formal meeting for first consideration for the 21 st of January
Which is 4:00 PM.
Karr/Correct, thank you.
Baker/We could collapse on the 28th, the second and third readings.
Nov/If we choose to collapse, that would certainly make it faster, right. And I should
probably also say that the special meeting that we are holding on February 1 is
2:00 PM because I am not sure that I said that the first time I said February 1.
Now we have got it in the record, it is on tape. Okay. We are ready to close this
p.h. unless someone else would like to talk about this issue. P. h. is closed.
Karr/Can we accept correspondence?
Nov/Moved by Kubby, seconded by Norton. All in favor, please say aye- (ayes). Motion
carded.
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ITEM NO. 7e Consider a resolution approving the extraterritorial preliminary and final
plat of Furrow's Edge, Part II, a resubdivision of Furrow's Edge, Lots 1-4, a two-lot,
16.14 acre residential subdivision with one outlot restricted to agricultural uses, located in
Fringe Area A east of Highway 1 and north of Penny Lane. (SUB96-0025)
Nov/All the legal papers, are they okay, approved?
Woito/Yes.
Nov/Okay, we need a motion. Moved by Lehman, seconded by Norton to adopt this
resolution.
Vanderhoef/Was there any change on the papers handed out tonight and what was in our
packet?
Woito/Sara Holchek sort of beefed up or clarified the restrictions so that the prior plat is
deemed vacated so there would not be confusion if someone were looking at the
plats at the Recorder's Office.
Karr/Item # 1-
Woito/And saw these subsequent ones. It is clarification.
Vanderhoef/Okay.
Woito/It is nothing different from what you saw last night.
Vanderhoef/Yes, I just wanted to clarify. Thank you.
Norton/Is there anything that precludes in the future time this Outlot A, which is now
precluded from entering onto Hwy 1, from tying it into the lot north of there which
there was still some question about where that access? There is a lot fight north of
there that is owned by the same people, isn't it? Is that precluded or actually going
to come up again?
Miklo/
Actually one of the purposes, one of the reasons we are doing this is so they can it
it to that lot as part of a larger tract. In terms of getting access, they will not have
legal access to Hwy 1 except via Penney Lane and the easement that connects this
to Penney Lane.
Norton/They can't under these terms go into Lot 7 north of there and then out on that
CXS that is there?
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Miklo/Not legally, no.
Woito/That will be up to the county.
Norton/We will probably see it again, yeah.
Nov/If it is resubdivided, yes, we will see it again. Any other discussion7 Roll call- (yes).
This resolution has been approved.
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,January 14, 1997
City of Iowa City Page 9
Consider an ordinance vacating the north 12.5 feet of t~ F Street
right-of-way for a distance of 75 feet immediately west of First Avenue.
(VAC96-0002) (First consideration)
Comment: At its November 21 meeting, by a vote of 6-0, the Planning
& Zoning Commission recommended approval of the proposed vacation,
subject to the retention of easements. Staff recommended approval in
the November 21 staff report.
Consider an ordinance amending the Zoning Ordinance by changing the
use regulations of approximately 7.12 acres located west of Dubuque
Street and south of the Iowa River, from County RS, Suburban
Residential, to P, Public. (REZ96-0016) (Pass and ad~..~
Comment: At its August 15 meeting, the Planning and Zoning
Commission, by a vote of 6-0, recommended approval of the proposed
rezoning. Staff recommended approval in a report dated August 15.
Because of action required by the City Development Board on the
annexation of this property, this item was deferred from the November
19 meeting of the City Council. The City Development Board has
approved the annexation.
Action:
~?- /? e.
Consider a resolution approving the extraterritorial preliminary and final
plat of Furrow's Edge, Part II, a resubdivision of Furrow's Edge,
Lots 1-4, a two-lot, 16.14 acre residential subdivision with one outlot
restricted to agricultural uses, located in Fringe Area A east of
Highway 1 and north of Penny Lane. (SUB96-0025)
Comment: At its December 5 meeting, the Planning and Zoning
Commission, by a vote of 6-0, recommended approval of the
preliminary and final plat of Furrows Edge, Part II, subject to a note on
the plat and a provision in the legal papers stipulating that a 40-foot
wide perpetual access easement will be maintained between Lots 1 and
2 connecting Outlot A to Penny Lane to assure off-highway access to
Outlot A should the plat be amended in the future to permit
construction of a residence on the lot, and subject to a note on the plat
and in the legal papers prohibiting direct access from Outlot A to
Highway 1. Staff recommended approval in the November 21 and
November 27 staff reports. The legal papers and plats are being
reviewed.
Action:
January 14, 1997
~'7-/[~ f.
City of Iowa City
Page 10
Consider a resolution approving the preliminary plat of' Hollywood
Manor, Part 6, an 8 acre, 24-1ot residential subdivision located west of
Sycamore Street and South of Burns Avenue. (SUB96-0026)
Comment: At its December
Commission, by a vote of
preliminary plat of Hollywood Manor, Part 6.
approval in a report dated December 19.
19 meeting, the Planning and Zoning
6-0, recommended approval of the
Staff recommended
g. Consider a motion to authorize the Mayor to forward a letter to the
Johnson County Board of Supervisors recommending approval of a
request to rezone approximately 40 acres located within Fringe Area C
north of Highway 1 West, and west of Lando)~ Avenue, fr~om A-l, rural,
to RS-10, Suburban Residential. (CZ9656)~,~/
Comment: At its December 19 meeting, the Planning and Zoning
Commission, by a vote of 5-0-1, with Supple abstaining, recommended
that the City Council forward a letter to the Board of Supervisors
recommending approval of the proposed rezoning, but that just one
access to Highway 1 will be permitted. Staff recommended approval in
a report dated December 19.
Action:
h. Consider a motion to authorize the Mayor to forward a letter to the
Johnson County Board of Supervisors recommending approval of a
request to rezone 2.75 acres of a 10 acre property located north of
American Legion Road approximately 1.7 miles southeast.of Iowa City,
from A-l, Rural, to RS, Suburban Residential. (CZ9657)~_~z~j)
Comment: At its December 19 meeting, the Planning and Zoning
Commission, by a vote of 6-0, recommended that the City Council
forward a letter to the Board of Supervisors recommending approval of
the proposed rezoning, subject to a shared curb cut being required for
the two lots if they are subdivided as the result of the rezoning. Staff
recomme~r4de~approv.al.in a re~pprt dated December 1
Action= {J'~g~---4-'~7/7/~~
# 7g page 1
ITEM NO. 7g Consider a motion to authorize the Mayor to forward a letter to the
Johnson County Board of Supervisors recommending approval of a request to rezone
approximately 40 acres located within Fringe Area C north of Highway 1 West, and west
of Landon Avenue, from A-l, rural, to RS-10, Suburban Residential. (CZ9656)
Nov/Moved by Thornberry, seconded by Vanderhoef. Discussion.
Kubby/Our Fringe Area Agreement allows this kind of development but I have a couple
of concerns about. One is that it is kind of sitting out there by itself and that it
seems that it would be wiser to have this kind of outlying development happen
next to other outlying development and the other concern that I have, we talked
about last night, about if this kind of development happens all up and down along
Hwy 1 West that there could be a lot of driveways, even though they are
condensed, having a lot of driveways on Hwy 1 and that is- This development in
isolation doesn't cause that concern but when we allow this and it is allowed in the
Fringe Area. We don't really have any basis to say no. But I can still express a
concern that there will be a proliferation of this over time causing Hwy 1 to
become less safe in the future.
Thornberry/I understand, Karen, and I do too and I don't want more and more driveways
to go onto a highway. However, one driveway, once access for 40 acres I don't
believe is excessive.
Kubby/It is the way that the 40 acres are designed, to. They're thin lots. So you can have
a lot of 40 acres and with one driveway per 40 acres to be in a short distance
because of the orientation and the-
CHANGE TAPE TO 97-7 SIDE 2
Nov/We all thought the access should go the other direction, east west instead of a north
south access. But it didn't work that way because of terrain and this is the best
they were able to come up with.
Norton/Can we have any further bearing on this layout when we see a plat or something.
This s is just a a rezoning now, isn't it?
Miklo/
What you are being asked to vote on tonight is a rezoning and there was a concept
plan included showing what the applicant has in mind and there are some
difficulties with that design that would result in more curb cuts on the highway
than what would be our policy. So you will be reviewing this gain and you will
have opportunities to control the access with the platting of the property.
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Kubby/Once we say yes to the rezoning, then that means that this many lots can be put on
that piece of property.
Miklo/Right but not necessarily in this configuration.
Norton/But we could have something to say or make some recommendations about the
way the access is designed, couldn't we?
Thornberry/I understand but one access for 40 acres. I mean it is tough to decrease from
one.
Norton/No, I mean, that is right. If you think of it it principle, they want them in every ten
acres, Dean. Four-one every ten acres.
Kubby/Yeah, I mean there is some problems with that. It is possible.
Thornberry/Yes, there are definite problems.
Norton/I don't think there is something less than one right now.
Nov/At least not in driveways. Is there any other discussion? All in favor, please say aye-
(ayes). Motion carries. Any opposed? Just better check and see if there were any
no-s.
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ITEM NO. 7h Consider a motion to authorize the Mayor to forward a letter to the
Johnson County Board of Supervisors recommending approval of a request to rezone 2.75
acres of a 10 'acre property located north of American Legion Road approximately 1.7
miles southeast of Iowa City, from A-l, Rural, to RS, Suburban Residential. (CZ9657)
Nov/Moved by Norton, seconded by Thomberry. Discussion.
Ralph Neuzil/Madam Mayor, can I have spoken to this and the address the council
· coi). cerning this matter?
Nov/Is the council willing? Okay, please come to the microphone.
Neuzil/I would like to defer this to Mr. Lehman who is the real estate agent for Mr. and
Mrs. Seaton. '
Nov/Okay. He may speak but he has to come to the microphone, sign in, and limit himself
to five minutes. The whole routine.
Tim Lehman/No problem, thanks. My name is Tim Lehman. I feel like every time my
name is called, I need to vote tonight. As Ralph said, I am representing Clyde and
Lenora Seaton. Bob, do we have something to put up here on the board? Clyde
and Lenora have ten acres out east of Iowa City off American Legion Road and
they contacted me. They wanted to sell off some of the east part of their ground
and so we listed the property. We got an offer on the property and then we went
to the county. Well, we had it surveyed and went to the county and we didn't find
out until after we made the application, a couple of days after the application, that
we were within the two mile fringe area. At that time we found out that the city
must approve the rezoning or the subdivision and so then we went to P/Z and I
went to the closed session or the workshop there with the P/Z and there wasn't
too much discussion there. It was kind of put together with the one going out on
Hwy 1 also. And then I went to the P/Z meeting and there really was no discussion
on it/It was basically, my understanding was, it was covered in the fringe
agreement that they didn't want any more access onto American Legion Road and
the reason I am here, I guess, now is because we would like to get- The people
that want to purchase the property, it is almost four acres, they would like to have
their own driveway onto American Legion Road. There is almost four acres there
and there is 277 feet of frontage on the Legion Road. It is more than anyone else
has during the Legion Road. There are two existing lots, Lots 25 and 26 on the
property and by combining these all onto one lot or one subdivision, we are going
to eliminate those two lots. It' is unclear to me whether those two lots had the right
to have their own access onto American Legion Road before this point. I am not
sure. But as you can see, the lots were platted out when all the other lots were
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platted out. I guess what I am asking the council is to try to overrule the P/Z if that
is the procedure and we would like to be able to have the driveway in the middle,
right about where the L is on Lot 26 there. You might not be,able to read it, it says
proposed driveway.
Karr/Do you have the pointer, Bob, to give to Tim? Maybe Tim could-
T. Lehman/(Refers to map).
Nov/And if they used a shared access, where would that locate?.
T. Lehman/They would like to do a shared driveway here with Seaton's. Seaton's house,
existing house, is here.
Nov/Okay.
T. Lehman/And this is the one acre residential area which they would build, which is the
proposed house. They want to build a house on it. People are purchasing this are
here, almost four acres.
Norton/Tim, how many dwelling units are you talking about? Two? One on each lot?
T. Lehman/No, just one.
Norton/One new one and one existing.
T. Lehman/Right now there are no dwelling units on this property.
Nov/Okay. The.re is one existing dwellirig unit.
T. Lehman/There is one existing dwelling unit here. This is the Seaton's and they own the
total ten acres. And what.they are doing is selling off this property here, this here is
a. ppr6ximately four acres. And there are Lots 25 and 26 that were plotted out back
in the 50's, I think, by the gentleman who plotted all of this 20 some lots. What we
are proposing is that these two lots are going to be eliminated, the Seaton's aren't
trying to sell these lots as individual lots. If it is unclear to me whether if they
could be sold as individual lots, if they would access onto Legion Road, possibly
here, possibly shared driveway. What we are saying is that by turning this into one
four acre parcel, it is going to eliminate these two lots. These two lots will be
vacated.
Norton/In perpetuity, you mean? Forever?
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T. Lehman/Right, .correct. I have got some-
Nov/It would be two driveways relatively dose together, wouldn't it? Do you remember
how many feet between?
T. Lehman/How many feet between-?
Nov/Between the current access and your proposed second driveway.
T. Lehman/There is 277 feet from here to here. So we would be somewhere in the
middle. So half of the 277. So 130 some feet.
Norton/If you came in the same curb cut, couldn't yo.u cut over and pretty much have
your own driveway but a common curb cut?
Lehman/I think you Could. I have got some photos here that will show there is a
telephone pole here, there is existing fence here, there is existing line of
shrubberies here, too. Seaton's would prefer not to have a shared driveway as well
as the buyers over here. If they are going to buy four acres, I guess they would
prefer to have their own driveway. What- Their intentions are to build back here,
to put trees.on both sides of their driveway and have a nice entrance.
Norton/I am twing to distinguish between a common curb cut and separate driveways.
Bfit they are not thinking that way. Because the driveway can cut off from the curb
cut' pretty fast.
Nov/It could be an interesting curve entrance to the house.
T. Lehman/I have got some photos here. I don't know if the clearance on American
Legion Road. There is plenty of visual clearance. You know, lots of times out in
the county when you are asking for access onto it, you have to have so much
vision and I don't know if you have been out in that area or not. It is a nice flat
area. There is lots of vision out there. Do you want to see these photos?
Nov/Yes.
Kubby/Although I would just like to see the last item. You know, I really didn't want to
say yes to it but it is part of the Fringe Area Agreement, just like this issue is part
of the Fringe Area Agreement and we negotiated long and hard for years to get
that agreement and having people want it different is maybe not the only reason to
do it. That we have a goal to.have not so many driveways on American Legion
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Road because that road is going to become a city street one day and we need to
~hink about that in the future. Even though there are lots of drives in that area, tons
of drives: I ride my bike up that road a lot. It is not perfectly flat either. On a
windy'day you can feel it more than a slow day.
T. Lehman/I think in this area, as you can see in the pictures, it is pretty flat. You have
got a hill that goes up coming from Iowa City. But there is approximately I think
40 some driveways between the city limits and this plat out there and almost all of
them have their own separate driveways. I have also- We had a petition, I had
about. ten people, neighbors, that signed that they have no objections to another
driveway on American Legion Road.
Nov/What is the speed limit hefe?
Kubby/Is it 55? ·
Miklo/It is 55 mph.
T. Lehman/Earlier tonight, did someone mention that they were talking about lowering
the speed limit on American Legion Road?
Nov/Not at this point.
Norton/Not that far out.
Nov/Further east. I mean further west.
T. Lehman/Right in front of Windsor Ridge?
Nov/Yes.
T.Lehman/Does the county, do they have the- It is a county road. So they have the
authority to lower the speed limit?
Nov/We have to both agree on that. There are parts of this road that are in the city and
there are parts that are in the county. So both governments will have to agree to
lower that to 50 mph.
T. Lehman/Well, I guess to kind of-
Thornberry/130 feet about-
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Nov/It isnor bad, you know, if you are dealing with a city street where we are use to
having intersections. But on county roads that is relatively close.
T. Lehman/A lot of the other lots out there are 100 foot fronts. All of these, Lot 22 down
tO Lot 1 are all- Their frontage are all 100 feet and they all have"their own
driveways.
Thornberry/If someone had a lot fronting on that road, would they have the right to
access? '
Norton/I don't know, that is a good question. '
Nov/I think Mr. Miklo may answer that one.
Norton/You can't pinch him in, can you?
Miklo] If it had an existing lot that had no other means of access, yes, they would have.
rights to access. You can't deny complete access. One of the issues here isn't so
much this particular driveway, but if you allow this one, then the next one and the
next one and one of the things to note from one of the earlier discussions, we had
no one from Mormon Trek Blvd. themselves come in tonight and complain that
· there was too much traffic. It is because we haven't allowed driveways in
sithations like that and ~hat is a practice we have gotten into. It is true there are
several driveways existing here but those were developed over 30 years ago and it
is a practice that we have gotten away from and try to not reset precedence and
open it up again.
Thornberry/But each lot along there, Bob, they still have access to be able to put a
driveway in?
Miklo/Those that are platted lots. And these two lots shown in yellow here, there .is some
question whether those are developable as they are. At most they would be
developable for one more residence because you need a minimum of 40,000 square
feet for septic system. So. Lot 25 and 26 each couldn't have a house built on it.
E. Lehman/But could they be sold individually and then have individual access?
Mildo/They could be sold individually. It wouldn't be wise to buy them individually
because you couldn't build a house on both of them. You could possibly and we
don't know this until the Heath Department looks at it, you could possibly buy the
two and combine them and get one existing access if someone was going to build
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on that portion. In this case, they are actually requesting to build farther north off
of those areai.
Norton/Tim, is it physically impossible to have that one curb cut and then separate, take
that driveway and curve it around and still get by without? It is not just
intolerable?
Lehman/No, it is not impossible but this didn't come up until after we had an offer on the
property and the intentions were to have their own- When they brought four acres,
they thought gosh, we would like to have our own access, our own driveway. And
that is why we are here tonight is to try to appeal to you to let the people have
their own and of course, on a shared driveway there are certain- Or a shared curb
cut or whatever, when you ar$ sharing it, you don't have control, complete
control, over your driveway whether it is somebody parking a car there or
someone else having a family reunion or whatever.
Kubby/Cooperation in a suburban area.
Vanderhoef/Would that driveway not divide though immediately after it got to the
setback?
T/Lehman/I don't know quite how it would be set up.
Vanderhoef/But that would be- It would seem that that would be the way it had to'be.
Therefore the commonality of the driveway would disappear rapidly or could
disappear rapidly. I will put it that way.
Nov/What we are saying here is a shared curb cut and it is possible that this curb cut
could be the with of two or three normal driveways because we really don't limit
~he width of a curb cut.
Thornberry/Yeah they do.
E. Lehman/Is that right?
Nov/I think they could have-
Thornbe/-ry/At least there is in town.
Miklo/Yeah, there is in town. In terms of the county, I am not sure of their standards.
Nov/I don't think there is.
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Kubby/But it doesn't sound like there is a majority of people interested in allowing two
· driveways? Is that correct? Then we should move on. We have lots of other things
to do tonight.
Norton/We have some cases in town where an OPDH development, we tried our best to
even cut down the number of accesses in town. I remember combining several.
What it makes people do is a little gyration to get into their garage because it
avoids eight people backing into their street at one time.
Thornberry/Theoretically you could have 130 foot curb cut.
Nov/No, I am just saying if they could make it more convenient.
T. Lehman/I think the county put- Well, I am more familiar with the county on this type
of thing.
Kubby/And the reality is the plat is not going to come back to the city and the county can
allow them to have two if they so choose to. Is that correct, Bob?
Miklo/In this case, it is a little more complicated than that. The Fringe Area Agreement
actually indicates that this rezoning should not occur. However because of the
extenuating circumstance of this being a developed area, we are recommending
that the city recommend to the county that we would agree to do the Fringe Area
Agreement being violated in this case subject to one driveway. So it is kind of a
compromise situation.
Nov/That is the way that I looked at it.
T. Lehman/I think a factor here was we are, right here, we are 30 feet away from this
property line. The Seaton's house is 30 feet away here. You know, if you come in
here, ! don't know quite what the distance is from here o the road. If you came in
here v;,ith a shared driveway or shared curb cut, you got to come in here a certain
distance before you can go over like that. You know, if people are pulling in here
from this ·direction at night With headlights on, you know, you are going to have
lights shining in your driveway. Simple little things like that and I guess I go back
to if a person is going to buy four acres, my gosh, it would be nice to have your
'own driveway out there. That is how I plead my case.
Nov/We understand.
T. Le,hman/Are'there any more questions? Thanks for listening.
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Nov/I think though this precedent had been sent in the past. We are not likely to vote it
again in the future.
T. Lehman/But you do have the authority to change it? Okay. because I was under the
impression that the P/Z, that they basic. ally- I was disappointed that there wasn't
any discussion at all the night we came to the P/Z meeting. They just basically said
this is the way it is and voted 6-0 and went on. They didn't really- There were no
questions asked at all. That is all.
Miklo/In the defense of P/Z, they had several very similar cases just before this. So it was
fairly fresh in their memory.
Thornberry/We discussed this last night also.
Nov/Well, I think we are ready to vote.
Woito/They were here last night. They were- yeah. They didn't say anything but they
were here.
Ralph Neuzil/I am I guess honored to be here before this council. I haven't been here very
often. I am representing Clyde and Lenora Seaton and I am sure that all of you or
most of you are familiar with them and some of the experiences that they have had
last year. And perhaps that is the understatement that I have heard today. And they
have gone through quite a hectic last year. For some of those reasons they an
election and I will use that term loosely to sell off' part of their property which they
would not normally have liked to have done. And in the process, a purchase
agreement was signed wherein the buyer said we will buy this at this price but we
will tell you what we want as far as platting and how we want the driveways and
so on/And we are in a position of looking at the situation where they are saying
we want the driveway as set out on its location as you see Lot 26. It has already
been expressed to you that this is an area that certainly site distance is no problem.
Already the city has taken some action on the east end of American Legion Road
to slow that speed limit down. There is another very very large subdivision that has
been approved and will have many many houses being built which will have access
through a road onto American Legion Road. There will be increased traffic. No
doubt about it. It will be increased traffic. No doubt about it. It may increase to the
extent where the city and county may take into consideration that we should slow
the speed limit down and it is, in my opinion, perhaps I am wrong, this could be an
area that would subsequent be annexed into the city limit. Mr. and Mrs. Seaton
have expressed to me and I guess I express to you council people that have you
ever experienced a shared driveway with anyone? Or have you heard of people
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· .who do have shared driveways? There is the problem of maintenance. There is a
problem of.somebody driving in with a truck and grinding up the driveway with
rots. There is the problem of who who is going to take care of snow removal and
ice iemoval and in this particular case the entrance that Mr. and Mrs. Seaton have
leads directly into their garage and'then there is a little narrow driveway that leads
back to the rest of their farm, their' horses, their barns and so on. As already has
been stated by Tim, this would, if you had a driveway put in where it is shared and
equally on the lot line, that would mean that there is a nice shrubbery there, there is
a fence there, it has been there, it is a dividing line and for those reasons and as
already said too, having someone drive in to your house at all times of the night,
shining lights. Mr. and Mrs.. Seaton really don't, in my opinion, if at all possible,
they don't deserve this.' This has been their home for I don't know how many years
and they would like to enjoy this privacy, I will use that term, as much as they can
in.the remainder of their lives. Privacy meaning that they don't have to worry who
is driv. ing in,. who is driving out all times day and night or worrying about who is
going to open up the drigeway, who is going to put the blacktop on, who is going
to do this and that. I recognize the fact that the city has stated we don't want any
more entrances on the American Legion Road. But this isn't asking for an entrance
that is right up within a 50 feet as already has been allowed up and down the
highway. There is a considerable distance between that driveway and of course
Mrs. Sweeting who is further east. I guess that my purpose here tonight is to plead
with you to give consideration to making shall I say one more exception and
allowing the buyers to put the curb cut further east as set out on the plat and allow
this one exception and you will say well, somebody else is going to come along
and say well, you allowed the Seatons, why don't you allow us? Well, I think each
case has to be viewed on its own merit. And in this case I would like to urge you
to give consideration to this. I have done a few subdivisions and not all together
100% sure of the agreements with the county and what affects it is orhas. We will
have to abide with whatever the county comes up with but certainly as a lawyer
h~re in this community, I have tried to see that the county and city whenever
possible, they abide and work together. I think I can say that without any
reservation and would certainly hold that this council would give this
consideration, making this one exception so that they could not or would not have
to go to the county and say hey, we want you to allow this and then get into a tiff
over it. I don't know what other questions I could call to your attention on this. It
already has been addressed and I have given some thought about reconfiguring this
and having a Lot 26 possibly sold or 25 and 26 and ask for a curb cut and you say
the county couldn't do this because there isn't 40,000 square feet. Well the
Seaton's could grant an easement for sewage and septic systems but that is
circumventing all of this stuff That is not what I would like to do or even want', to
do. So I guess my final plea !s that please give some consideration to the
circumstances but I guess from-the s~andpoint of a personal standpoint, I have
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eaten a lot of meat there fromSeaton's and I enjoyed it very much and they have
gone through some pretty hectic times here and I would like to see that whatever
could. be done under these cii-cumstances to make an exception. Have any
questions?
Thornberry/What I will do is make a motion, not a motion because there is already a
motion on the floor.
Nov/That is right.
Thornberry/It is an amendment to the motion and we will see ifI get a second or get four
votes to allow the two access instead of one to this property. And I will formally
make that amendment.
Baker/Second.
Thornberry/And I got a second.
Norton/It is really just allowing just the entrance on this, a separate entrance for this
particular land. I am-can we talk to that,. Madam Mayor?
Nov/You may second his motion.
Baker/ ! seconded'it.
Nov/Oh, Okay. I didn't hear that. Moved' by Thornberry, seconded by Baker that we
amend the motion to include another curb cut.
Norton/I'am being- I am looking at the details of this. How far is it from the house back
.to the- from the house to the street, the present house to the street, to the road?
Neuzil/In mybest judgement it shows on ours 60 feet, 62 feet.
Thornberry/The answer was 60 feet.
Norton/So as soon as you come in that drive, you are already pretty close to the house.
Nov/Well, you have 20-30 feet before you would have to curve'off.
Norton/But to curve off, you got to go through some trees, don't you?
Kubby/We don't know that they are going to keep those trees.
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E. Lehman/Let me ask you this. I asked you once before. I guess I don't recall your exact
answer. If these lots were sold individually or even if Lot 25 and 26 were sold as a
single lot, could they get a curb cut?
Mildo/They could if they built on this portion. They would be restricted to building on
this portion.
E. Lehman/Okay, then I guess my own feeling is if by increasing the size 'of that lot and if
literally to four acres and reducing the number of dwellings that could be built on
that property, we are denying them a 'curb cut, it seems to me to be-even though I
concur with you 100% Karen, I don't like all of these curb cuts. But if there could
be a curb cut anyway, without making the lot larger. The to increase the size of
that lot and deny the curb cut, I think seems somewhat unfair and I will suppo .rt
the/amendment.
Baker/You got three there, Dean.
Council/(All talking).
Norton/When I go out past there clear out over the creek, out to Scott Church corner, I
got a million curb cuts. I know this is the 41st out of 40.
Kubby/I got three gray hairs, I don't need 20.
Norton/I know but you are going to get another one.
Baker/There is your four. We got it; let's go.
Thornberry/Rbll c~11-
Woito/It is not a roll'call, it is a motion.
Nov/We vote first on the amendment. All in favor of this amendment, please say aye-
(Baker, Lehman, Norton~ Thornberry, Vanderhoef). All opposed, say aye- (Kubby,
Nov). It is a 5-2 vote, the amendment has been approved.
Now we vote on the motion. All in favor, please say aye- As amended, yes. All in
favor, please say aye- (ayes). Opposed same sign. Okay, motion carried 7-0.
Neuzil/Thank you very much. Mr. Seaton would share with you a couple of slices of
hamburger or something..
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Nov/Absolutely not.
E. Lehman/I think you just broke some law.
Karr/Could I have a motion to accept correspondence? We have a motion on the floor to
accept correspondence and a second (Vanderhoef/Thornberry).
Nov/Okay. All in favor, please say aye- (ayes). Okay. We are back to the agenda.
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ITEM NO. 8
PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF
COST FOR CONSTRUCTION OF THE IOWA CITY PARKING RAMP
FACILITY UPGRADE PROJECT--CAPITOL AND DUBUQUE STREET
PARKING RAMP, 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.
Comment: This project consists of wall graphics and painting, elevator
lobby remodeling including new flooring, ceiling, and lights. The total
estimated cost of this work is $136,000. Funding will be provided by
parking fees.
a. PUBLIC HEARING
Action:
b. CONSIDER A RESOLUTION APPROVING
Action: ,-~/ ~
ITEM NO. 9
AN ORDINANCE AMENDING TITLE 9 OF THE CITY CODE OF IOWA CITY
ENTITLED "MOTOR VEHICLES AND TRAFFIC," BY AMENDING CHAPTER
3, SECTION 6B TO REDUCE THE SPEED LIMIT ON HIGHWAY 1 WEST
FROM A POINT 200 FEET WEST OF SUNSET STREET TO 300 FEET
SOUTHWEST OF NAPLES ROAD SOUTHWEST. (FIRST CONSIDERATION)
Comment: A speed study has been conducted by the Iowa Department of
Transportation on Highway 1 West, and they recommend modifying the
speed limit between Sunset Street and Naples Road from the existing 55
miles per hour to 50 miles per hour. Iowa Department of Transportation
Commission action is also required before the new speed limit can be
posted.
Action:
# 8 page 1
ITEM NOi 8 PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE
OF COST FOR CONSTRUCTION OF THE IOWA CITY PARKING RAMP
FACILITY UPGRADE PROJECT--CAPITOL AND DUBUQUE STREET PARKING
RAMP, 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.
a. PUBLIC HEARING
Nov/P.h. is now open.
Kubby/The hordes 0fpeople waiting in the lobby for this issue are'coming in.
Nov/Okay, we have some pictures here on the council table which I haven't yet looked at.
So please talk while we look.
Joe Fowler/Okay. 'Bill is going to put them up on the screen so that they can 'be shown
over the air. The photos as you go through are the present condition of basically
the Capital Street Parking Ramp. The first photo shows what a typical lobby
would look like. They are starting.to wear. The second one shows the wear on the
doors. The graphics are very small. You can't even see them. In fact in these
photos the graphics are on the side of the door. It is the ADA required Braille
graphics. Okay, so that is the current condition of the walls in the lobby area. The
next page shows the floor. The floor is typical like this throughout the facility. We
have put down a new floor a couple of years ago. It never adhered and it was
never a satisfactory floor. We starting having problems from the moment that we
put the flooring in.
Nov/What is the flooring? What is it made oft.
Fowler/Right now this flooring is a rubber material like on the ground level of the Senior
Center. And so that flooring would all be removed and replaced.
Kubby/So can we go back to the installer or manufacturer because the product was never
satisfactory?
Fowler/We never paid for it.
Nov/We evidently (can't hear).
Kubby/We never paid for it but we are eventually going to pay for new flooring. So why
can't we-
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Woito/We are still wrangling.
Fowler/We had a bad floor, we replaced the floor. The product wasn't acceptable and 'so
we never paid for it. We haven't really-
Kubby/Oh, so we got a bad product and no money went out for it.
Fowler/Right. The next photo shows-
Thomberry/A question on that flooring then. If we have never paid for it, it is still in this
cost estimate?
Fowler/Right.
Kubby/To replace it.
Nov/The new floor is in the cost estimate.
Fowler/The new floor is in this cost estimate.
Thornberry/What happened to the estimate when it was originally- It was just never paid.
Fowler/Right, that was never paid.
Norton/Was that a new outfit we never dealt with before?
Fowler~ ! never had any dealings with ,them, so I am not really sure.
Nov/And this same floor at the Senior Center has been there for years and it is still okay.
So it just wasn't the right place for it.
Woito/Well, this is cold. The flooring is not for a cold environment.
Norton/It seems pretty obvious.
Fowler/The next photo shows that is what it looked like after the suspended ceiling was
ripped out. We have had constant vandalism throughout the facility and that is
what it looks like on the top floor. The next one shows a regular floor. The lower
levels where the tiles are constantly being broken by vandalism and they are kind of
pieced together and stuck back in.
Thomberry/What kind of ceiling do you propose? Putting the same type back up?
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Fowler/No, what we are proposing is a double layer of what is called a vandal proof
drywall. A thicker new product. I doubt that. anything is vandal proof. But it would
be a double layer and so it would be much more resistant. This photo is what it
looks like in the elevator after they ripped the suspended ceiling out of there. The
state made us put a metal guard over the light. Most of this stuff that is being
replaced is the result of vandalism really. And then we have a couple of photos of
what it is like in the exterior when you are on the outside looking at the lobbies
and the parking areas to getdirections. And one thing that I would like to point
out is that we have already increased some lighting in these facilities. So it is not
that dark anymore. And that is what we currently have for directional signs and
these were made in house and they are basically about the size of a no parking
anytime sign. So what we are proposing to do would be in the next couple of
pages here would be to go in and put a ceramic tile floor in all the way through and
we have had a similar floor on levels B and C in this ramp for probably 17 years
and it is.getting pretty tarnished. But we carry that same type of flooring all the
way through so that it wouldn't be susceptible to vandalism. It would be similar to
the flooring currently in Old Capital Center. The the next-
Nov/Hang on, just a minute. What about slippery?
Fowler/It is-
Nov/I can understand on the second floor but on the first floor you are walking with wet
shoes.
Fowier/It has all got the slip resistant granulars imbedded in.
Norton/It doesn't wear off.
Fowler/It would be a different tile than the type that is inside like in the Old Capital
Center. It would be more-
Nov/Okay because that is the one that I think is too slippery with wet shoes.
Fowler/Right, it would have slip resistant..I think it would be similar to what you did with
bricks over on Burlington Street where you had the slip resistant or something in
there. The next photo shows what the lobbies look like. You know we had the
earlier photo which showed the lack of graphics really in the lobby area. The doors
would be color coordinated with the floors. All the floors would be color
coordinated. So when you got out of your car, it would be basically the blue floor,
you would go, the elevators would be blue and the elevator doors would be bluein
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that area and so it would help also with remembering where you parked your car in
'addition to remembering what level it was on. You would also have a color key to
go to.
Lehman/Joe, is that E, level E?
Fowler/Yes.
Lehman/Why can't we number basement, one, two, three, four, five like any other
building any where in the world.?
Fowler/That is what we are doing in the other ramp, in the Dubuque Street Ramp. We
would be glad to do it here, too, if you would like.
Lehman/I just.think it would solve so many problems and eliminate so much confusion if
we labeled the basement floor basement, one, two, three, four, five. Like any other
'building.
Kubby/You know what would be even more fun would be to when we do some mural
work in these garages, to have themes on each floor. I am on the animal floor or
whatever. I parked over by the giraffe or whatever.
Thornberry/You know the Mall of America.
Kubby/Or the dancer floor.
Lehman/This could be the elephant floor. It is an E.
Kubby/Native American motif.
Norton/Whatever it is.
Fowler/Not a problem. We will change that and we will go with number floors all the way
through..
Lehman/I really wish- You know, for years and years and years that has been one
complaint that I have heard d.t. Folks would say gee, you know, first floor, no that
is the basement. You and I have had this conversation over the last six or eight
years or more.
Fowler/Or more.
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Norton/You are going to be in troubleif you go to Europe, Ernie.
Lehman/Well, I don't plan on going to Europe but I really would like to see us number
our floors the same as we do every other building.
Kubby/Look at the University Ramp'by the Union. Theirs are numbered and lettered. You
got to know if you are two east or two west. So there are places who have- I think
· our town i§ bright enough that they can figure letters or numbers.
Nov/But the two ramps d.t. should be the same. If you are changing to numbers in one
case, change to numbers in the other.
Fowler/Not a problem, we will go to numbers. The next page shows some of the limited
graphics that we would be proposing to put in. They are really- There is not very
many of them in the area. By the elevator, there would be a large painting and then
the same by the stairs. And then our in the ramp itself, it would only be about a
one 20 foot panel probably. I am saying probably be the 20 foot, not probably to
one panel. It would be one panel so that wherever you were standing in another
area of the ramp, you would be able to see one panel that would say the elevator
was one direction or the other. We are not proposing to paint all the panels
throughout the ramp because we do know that there is interest in doing murals in
those facilities. So it would be just be, you know, like I said, the one area for
direction. The rest would all be left as it currently is.
Kubby/Will the .base coat of paint that is going to be on those panels that are blank now
that may end of with mural work on them have a finish that is appropriate for that
artwork?
Fowler/There won't be any paint' on any panel other than the one that gives the direction
to the elevator. The rest of them will be left as it currently is.
Kubby/Okay.
Nov/So the muralist could seal it however they chose to seal if for their particular
purpo.ses.
Kubby/We wouldn't be putting a different base on it.
Nov/That is what we are saying.
Fowler/This is what we would do instead of the current small signs. We would go out and
paint the c61umns themselves and it would be the color of the floor with the large
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letter to help identify and it would say one, two, three, four instead of E. And then
when we get to the Dubuque Street Ramp, we are going to run into east and west.
And we labeled these east and. west because if we start with basement on the one
end, we will have basement, one, two, three four and on the other side we will
have one, two, three, four, five because it is ~/t ground level. There is not a
basement. So we thought to avoid confusion, we needed to put in the east or west
because if you think you are on level four, you could get in the wrong elevator and
you would actually be a floor off in the other side. This will also have the same
limit. This would have one more graphic. There would be one by the elevators but
there would be one in the middle. So if you were in the middle of the ramp, you
would know there is an elevator in each direction. It would still be very limited and
the majority of the wall space would be left blank. And the same thing with the
columns. They would be painted like informational as in the other ramp. The cost
page is the last page. If you have any questions, the one item that we hadn't
originally intended to have n this that we did end up adding is that we made the
floors, all floors in the Capital Street Ramp accessible with the assisted powered
doors and that did increase the cost of the project by about $19,000.
No.rton/Are you going to say anything about lighting here?
Vanderhoef/How much?
Fowler/$19,000. There is new lighting in all the elevators and in the elevator lobbies.
Norton/And it is going to be really good lighting?
Fowler/. Yes.
Norton/Because I have been in ramps that are really well lighted and they are very
pleasant. It makes a lot of difference.
Fowler/Yeah, they will be-
Nov/Like the one across the street.
Norton/Like the one across the street, for example, absolutely.
Fowler/There will be increased lighting in there and we are currently in the process right
now of installing additional lighting around the outsides and in the stair towers.
Lehman/Joe, I think you and I have talked about this before, too, and I will harp about
this-
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CHANGE TAPE TO REEL 97-8 SIDE 1
Lehman/We repair those doors, we put the door closures on them. Why don't we just
take the doors off?.
Fowler/We could but once a year we would be cited by the Fire Department.
Lehman/Can we talk to the Fire Department because those doors serve no purpose
whatsoever?
Norton/. The doors into the lobby?
Fowler/We have but-
Lehman/Yeah, into the-
Arkins/They will contain a firel
Lehman/There is not such thing as containing a fire in an open building.
Atkins/If somebody brings a trash can in, in a stairwell, there is.
Lehman/'We are kind of grasping at straws on this one. I just think that whole door
business, especially if we are going-
Norton/'Ifyou ~get could while you are waiting for the elevator you mean?
Le.hman/'No, the door is not beside the elevator. It is on the other side of the elevator. It is
next to the stairwell. All it does is it encloses the stairwell only. It really doesn't
serve any purpose whatsoever.
Norton/I sure don't like a flume.
Lehman/When you have an open building, you don't have a flume.
Norton/Well, that is up to the fire guys, I guess.
Lehman/I just t~ink that is a needless. expense.
Norton/The doors have kick plates and stuff I take it.
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Fowler/Yes.
Nov/I am not going to argue about door~ but I am very concerned about slippery floors.
The elevator in the Dubuque Street Ramp has been very slippery in cold weather.
Can you do something about the floor in the elevator?
Fowler/The problem we have in the Dubque Street Ramp with the elevator is that they
are not .heated. So to clean them during the winter it all freezes and we don't have-
there is no heat in that ramp at all, where in the Dubuque Street Ramp here is heat
on the bc;ttom floors. When they do maintenance and do maintain the elevators, we
can bring them down to a lower level and let them dry where it is warm. It is a
problem in Dubuque Streeet and it is because they are not heated.
Nov/We are going to have to do something. How about skid kinds of stripes?
Fowler/We could do that. We could look at maybe some type of heating system for the
elevator.
Norton/There must be non-skid stuff like you would in the bath tub.
Fowler/I am not sure. Anything you do you have to go in and use a liquid to dean it. You
run into the problem of that liquid freezing this time of year.
Norton/There must be something that is not liquid. I am not sure what it is, you know.
But look at a powder cleaner.
Kubby/Can we just give him direction to look at making the elevators less slippery?
Nov/That is what I am saying, whatever you need to do.
Fowler/We will do that.
Nov/Okay, any other discussion? We are going to close the p.h. Are you ready? Okay.
The p.h. is closed. We need a motion for the resolution.
Moved by Lehman, seconded by Kubby. Any further discussion? Roll call- (Yes).
Motion carried, resolution is approved.
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ITEM NO. 9 AN ORDINANCE AMENDING TITLE 9 OF THE CITY CODE OF
IOWA CITY ENTITLED "MOTOR VEHICLES AND TRAFFIC," BY AMENDING
CHAPTER 3, SECTION 6B TO REDUCE THE SPEED LIMIT ON HIGHWAY 1
WEST FROM A POINT 200 FEET WEST OF SUNSET STREET TO 300 FEET
SOUTHWEST OF NAPLES ROAD SOUTHWEST. (FIRST CONSIDERATION)
Kubby/Move first consideration.
Lehman/ Second.
Nov/ Moved by Kubby, seconded by Lehman. Discussion. Roll call.
Woito/ Thornberry.
Thomberry/ 5 miles an hour...yes.
Woito/ Vanderhoef. ....
Davidson/ The DOT Commission has already approved it.
Nov/ So we don't defer. We keep voting. approved.
Thornberry/ ...(can't hear)
Norton/ I kinda agree with Dean.
Nov/ Yeah, but it's not our street. way.
All right, first consideration has been
Is that going to make a difference you mean? Yea.
The Department of Transportation wants to do it that
Okay, let's see if we can move along here.
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January 14, 1997 City of Iowa City Page 12
ITEM NO. 10
CONSIDER AN ORDINANCE AMENDING TITLE 9 OF THE CITY CODE OF
IOWA CITY ENTITLED "MOTOR VEHICLES AND TRAFFIC," BY AMENDING
CHAPTER 3, SECTION 6B HEREIN TO CHANGE THE SPEED LIMIT ON
AMERICAN LEGION ROAD (MUSCATINE AVENUE) BETWEEN TAFT
AVENUE AND Sco'rT BOULEVARD. (FIRST CONSIDERATION)
ITEM NO. 11
Comment: A request has been received from the Windsor Ridge
Homeowners Association to reduce the speed limit on American Legion
Road between Taft Avenue and Scott Boulevard. The speed limit in front
of Windsor Ridge Subdivision is currently 55 mph. Staff's recommendation
is to reduce the speed limit to 45 mph in this area. This is consistent with
the speed limit guidance in the City Code, and is consistent with a speed
study that was done in the area. Because American Legion Road between
Taft Avenue and Scott Boulevard is under the joint jurisdiction of Iowa City
and Johnson County, the speed limit must be adopted jointly by the City of
Iowa City and the Johnson County Board of Supervisors. The Johnson
County Board of Supervisors will consider this matter at their January 14
work session.
Action:
CONSIDER AN ORDINANCE AMENDING TITLE 5, ENTITLED "BUSINESS
AND LICENSE REGULATIONS," CHAPTER 2 ENTITLED "VEHICLES FOR
HIRE," BY DELETING THE PROVISIONS APPLICABLE TO PEDICABS AND
HORSE-DRAWN VEHICLES. (FIRST CONSIDERATION)
Comment: On December 16, 1996, the City Council directed staff to
remove horse-drawn vehicles and pedicabs from the "Vehicle for Hire"
portion of the City Code. This ordinance deletes these sections effective
March 1, 1997, (renewal time) and does not affect current licensing.
Action: ~'~~///~-~.~4~'~~-~ /'~.- ~//f
ITEM NO. 12
CONSIDER AN ORDINANCE AMENDING CITY CODE TITLE 4,
ENTITLED "ALCOHOLIC BEVERAGES," CHAPTER 3, ENTITLED
"OUTDOOR SERVICE AREAS; SEASONAL, FIVE DAY OR FOURTEEN DAY
LICENSES AND PERMITS," AND CHAPTER 1, ENTITLED "DEFINITIONS";
AND TITLE 10, ENTITLED "USE OF PUBLIC WAYS AND PROPERTY,"
CHAPTER 3, ENTITLED "COMMERCIAL USE OF SIDEWALKS."
(SECOND CONSIDERATION)
Comment: The proposed ordinance clarifies the definition of "restaurant"
and streamlines the various types and catagories of outdoor service areas
and s!dewalk cafes. A detailed memo from the City Clerk is included in
Council's agenda material.
# 10 page 1
ITEM NO. 10 CONSIDER AN ORDINANCE AMENDING TITLE 9 OF THE CITY
CODE OF IOWA CITY ENTITLED "MOTOR VEHICLES AND TRAFFIC," BY
AMENDING CHAPTER 3, SECTION 6B HEREIN TO CHANGE THE SPEED LIMIT
ON AMERICAN LEGION ROAD (MUSCATINE AVENUE) BETWEEN TAFT
AVENUE AND SCOTT BOULEVARD. (FIRST CONSIDERATION)
Nov/Moved by Kubby, seconded by Lehman. Jeff, did they consider? What did they say?
Kubby/They deferred to us, didn't they? They didn't make a decision.
Davidson/Not exactly. There was some discussion. There were four members present.
There seem to be a mix of feeling that it was a good idea and maybe not such a
good idea. They indicated that they probably would pass it on Thursday. They do
understand that if they do not- if they pass something different on Thursday then
we are going to have to step back and reconsider it by both groups.
Nov/We need three votes by each group.
Davidson/We need four votes by this group and three-
Nov/No, I mean three considerations.
Davidson/The county attorney has saidthat it needs to be asked by resolution in the
county. So they will just be considering it once. You, it has to be an ordinance
which is three .readings.
Kubby/I hope that families who live in Windsor Ridge won't think, I believe, falsely that
this will then make it safe for their kids to ride unsupervised on American Legion
Road. It is a narrow road, people are still going to be driving at speeds. That it is
not safe for kids to be just out on the road on their bikes or even traveling. I think
they are still going to need supervision. So I hope that it doesn't create a false
sense of security but I think we should reduce the speed.
Nov/I don't think children should be on a road with a 45 mph speed limit.
Kubby/W. ell, ,I bike With lots of kids who are under proper supervision and equipment and
it can be done reasonably safely. Not unsupervised I don't believe.
Davidson/You do have the extension of Court Street in your FY98 CIP. That will have a
sidewalk with it that will extend to Windsor Ridge.
Nov/Okay. Any other discussion? Roll call- (Yes). First consideration is approved.
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# 11 page 1
ITEM NO. 11 CONSIDER AN ORDINANCE AMENDING TITLE 5, ENTITLED
"BUSINESS AND LICENSE REGULATIONS," CHAPTER 2 ENTITLED
"VEHICLES FOR HIRE," BY DELETING TI-IE PROVISIONS APPLICABLE TO
PEDICABS AND HORSE-DRAWN VEHICLES. (FIRST CONSIDERATION)
Nov/Moved by Kubby, seconded by Vanderhoef. Discussion.
Norton/Well, I was inclined to defer this but I guess I would like to talk against the
motion, I guess, because I think we ought to defer it. I am re-thinking.
Nov/You can move to defer and if people go along with you, we can defer.
Lehman/I would concur.
Norton/I am concerned we need to re-think the licensing, the insurance coverage
requirement. Now, a couple of things bother me. That we do not know for sure
that he can get- I want the limit on insurance to be perhaps lower for him so that I
want to encourage this activity. It seem to me we ought to have some coverage
otherwise we kind of don't get the risk sharing that might be involved otherwise.
So and we don't even take a look at the thing. I just think we are exposing
ourselves too much, if you pardon the expression. I looked down at Larry. What
am I going to do?
Kubby/But we have been told by our legal staff that there is not a legal liability difference.
That our liability does not increase or decrease through licensing and or requiring
insurance.
Norton/And I understand it is not a direct connection but there is a spreading of the risk
in some sense.
Nov/In what sense?
Norton/Wh)3 do we insure (can't hear)?
Woito/In terms of society, it is spreading in the risk the tort claim. Theories of tort
recovery is you spread the risk.
Norton/And I am trying to say why would we license anything then?
Woito/A person injured in a tort claim doesn't have to assume all of the damage incurred.
'You spread it to the person who caused it, you spread it to the insurance company.
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Norton/I understand that we are not even sure that what the cost of of these- the
difference between the cost of $1 million coverage or $250,000 might not even be
significant. I don't know what the facts are but if we do it this way and defer it, we
could still m6et the deadline of March 1. We could precede with this, right, if we
defer it to the 28th?
Karr/I would suggest that you defer it to the 28th and no later. March 1 st is the licensing
deadline. The application process does take some time and you have to back up
that date because the vehicles are inspected, there is insurance'requirements. So
. deferring it to the 28th is fine if you are so inclined.
Vanderhoef/Could we also do the other way around and go ahead and approve this
tonight and amend it at the next meeting?
Karr/Dee had called me this afternoon on this. Just to clarify, if council is so inclined to
continue licensing and simply amend the limitation on insurance, there would be no
· ordinance required. It would be a resolution only. So I wish- I wanted that
clarified.
Kubby/'Then the way to do that, Dee, would be to have, if people wanted to vote on this
tonight, have second consideration on the 28th and the resolution to change the
insurance amounts and you vote one of them up or down.
Karr/That is correct. You could have boih ~)fthem on the 28th before you. What staff
was planning on doing- If staff-if council was so inclined to delete from the Code,
by ordinance, we would prepare a resolution deleting it totally there also. So we
were prepared to do that the 28th. Now I am hearing you say that possibly.you
would defer this one and what we would have is a resolution not deleting it but
with a recommendation of some sort with a lower amount. Is that-
Norton/Yeah, that is my intention or my thought. I am still debating. I am sorry I didn't
get it done before.
Karr/Okay. We'would come back to you the following time, if necessary, with another
resolution to delete it if necessary.
Nov/I am losing track of this.
Karr/I understand that.
Nov/On one hand you are saying that deleting requires an ordinance and on the other
hand you are saying deleting requires a resolution.
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Karr/Deleting requires an ordinance to delete it from the Code the requirement to license.
After you delete the licensing, you need to amend by resolution to take out the
requirement for insurance: The insurance is set by resolution.
Nov/Okay, so all we are doing here-
Norton/The ordinance does not have to be touched if we defer and decide to go my way. · We don't have to fiddle with the ordinance.
KubbY/Just change by resolution the insurance. And the pedicab owner, I believe in the
information he gave us, was that the $500,000 amount was a burden but-
Karr/He never had paid $500,000. He has $1 million right now and that was something
that was a little misleading about the presentation, We had a $500,000 limit when
he was setting up his business. He was never licensed at that amount.
Kubby/Right'but he Was saying that the million dollar- He did his business but he didn't
make anything because of- I thought that his material said that if it was at the
$500,.000 which is what he projected his costs-
Karr/He i.nitially said that but then amended it to, if you recall, the other examples of all
the cities who had no insurance. So he never did furnish information that allowed
us to- Number one, we don't even know if$500,000 is available for that coverage.
We don't know he can get $500,000 coverage and as Dee pointed out, we don't
know the premium differences would indicate he could still do business.
Kubby/Because we .don't have that information, I would speak against deferring this but
voting f6r this first consideration so we can keep moving forward. But on the
· January 28th meeting, to have second consideration and a resolution to change
insurance amount and do the research in the next two weeks and we vote one up
and one down..
Norton/Which is the easier?
Lehman/.I think what Karen says is rightl
Thornberry/But he definitely gding to have tO be notified that this is a definite possibility.
Lehman/Right.
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Karr/I
think he should do the information on the insurance because, again, it is his carrier
and how he wants to price it and furnish that information to us rather than us
calling area-
Kubby/So if'it happens that you can't get below $1 million and we still want to allow this
business, that means that we say no to the resolution and yes to second
consideration and we are moving forward.
Karr/And I would also like to see council proceed to lower the limit and it would still not
enable him to do business.
Norton/Yeah, that would be terrible, yeah.
Lehman/We need to find that out.
Norton/Which is the easier mechanically in terms of parliamentary procedure if you will
or council procedure. Have we got it straight which is the easiest process?
Lehman/Well, I think Karen's suggestion is best. Let's go head and approve first
consideration. We can always vote it down next time if we choose to and.then
change the insurance limits.
Kubby/But we need to notify him as soon as possible so he has a couple of weeks to do
the-
Karr/I will get a hold of him tomorrow.
Nov/If we decided to defer we would end up collapsing second and third reading in order
to get-
Karr/I would suggest doing that the next time if you wish to proceed anyway do that they
have a month notice.
Kubby/So let's keep moving.
Thornberry/We are on #11 out of 24.
Nov/Okay, we have a motion to defer on the floor. We have to vote no on that one and
go ahead and vote on the-
Karr/Or withdraw it, either way.
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Nov/Or withdraw it, okay.
Kubby/Will the seconder agree?
Baker/Did I second that?
Nov/Yes, you did.
Norton/Actually as I say, once it is seconded, it belongs to the group in principle. But
let's go ahead.
Kubby/Let's not argue that one.
Lehman/Let's not argue that one.
Nov/I was ready to vote no and dismiss it, but okay, it has been withdrawn.
Kubby/So people agree with staff direction to have two items on the next agenda about
this?
Council/(Yes).
Nov/And I assume you will contact Weber and say we need this information?
Karr/Yes, I will do that tomorrow or today.
Lehman/It is almost tomorrow.
Nov/So, any other discussion. Roll call- (Yes). Okay, we have approved first
consideration.
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ITEM NO. 12 CONSDER AN ORDINANCE AMENDING CITY CODE TITLE 4,
ENTITLED "ALCOHOLIC BEVERAGES," CHAPTER 3, ENTITLED "OUTDOOR
SERVICE AREAS; SEASONAL, FIVE DAY OR FOURTEEN DAY LICENSES AND
PERMITS," AND CHAPTER 1, ENTITLED "DEFINITIONS"; AND TITLE 10,
ENTITLED "USE OF PUBLIC WAYS AND PROPERTY," CHAPTER 3, ENTITLED
"COMMERCIAL USE OF SDEWALKS." (SECOND CONSIDERATION)
Nov/Also we had a revision somewhere. Moved by Kubby, seconded by Norton.
Karr/Is it your intent to pass the resolution on fees to night? If so, we need to collapse the
readings. If not you need to defer the resolution later on in your agenda.
Nov/Okay, let's see what we got here in terms of the revision. Okay, we changed to eight
feet. Okay.
Vanderhoef/Is that the only-
Karr/The only other change was if the furniture were not- The next page, if the furniture
was not stored inside, it must be secured in the outdoor area.
Nov/Okay.
Kubby/So what are we waiting on here?
Thornberry/I don't have a card.
Nov/We need to-
Norton/We are waiving second consideration?
Norton/If you are so inclined. If not, we will defer the resolution later.
Nov/We are inclined.
Norton/Are we inclined, all right. (Motion).
Nov/Moved by Norton, seconded by Thornberry that we waive second consideration. Is
there any discussion? Roll call- (yes). Okay, we have waived second consideration.
Moved by Norton, seconded by Thornberry for final adoption at this time.
Discussion? Roll call- (yes). The ordinance has been adopted.
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January 14, 1997 City of Iowa City Page 13
ITEM NO. 13
CONSIDER AN ORDINANCE AMENDING THE CITY CODE TO REPLACE
ALL REFERENCES TO "TRAFFIC ENGINEER" WITH "CITY MANAGER OR
DESIGNEE." (SECOND CONSIDERATION)
Comment: The position of Traffic Engineer was eliminated during
restructuring several months ago. This ordinance will amend the City Code
to reflect that restructuring by replacing all references to the "Traffic
Engineer" with "City Manager or Designee."
Action:
ITEM NO. 14
CONSIDER AN ORDINANCE AMENDING TITLE 3, "CITY FINANCES,
TAXATION AND FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES,
CHARGES, BONDS, FINES AND PENALTIES" OF THE CITY CODE, TO
INCREASE WATER SERVICE CHARGES AND FEES IN IOWA CITY, IOWA.
(PASS AND ADOPT)
ITEM NO. 15
Comment: The ordinance has been changed by deleting the section under
Meter Charge (non refundable) (14-3A4) pertaining to Meter Interface Unit
(MIU) and the related fees that could be charged when a new house,
business, or apartment complex is built. At a future work session, the City
Council will be able to discuss the merits of the Meter Interface Unit
Program. The proposed ordinance increases rates for water by 20%
effective on bills issued on or after March 1, 1997, (usage in
February 1997). The rate increase as proposed will be applied as a flat
increase across-the-board to all existing rate blocks and minimum charges.
TAXATION AND FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES,
CHARGES, BONDS, FINES AND PENALTIES" OF THE CITY CODE, TO
INCREASE WASTEWATER SERVICE CHARGES AND FEES IN IOWA CITY,
IOWA. (PASS AND ADOPT)
Comment: The proposed ordinance increases rates for wastewater by
10% effective on bills issued on or after March 1, 1997, (usage in
February 1997). The rate increase as proposed will be applied as a flat
increase across-the-board to all existing rate blocks and minimum charges.
Action: ,~'//~'_-~ ~/z/z'/
# 14 page
ITEM NO. 14 CONSIDER AN ORDINANCE AMENDING TITLE 3, "CITY
FINANCES, T~C~TION riND FEES," CmU'TE}t 4, "scHEmmE OF FEES, ~TES,
CHARGES, BONDS, vnxms AlxrD ?ENALTmS" OF THE CITY CODE, TO
INCm~ASE W^TER SERXaCE CmmGES ~ FEES IN IOWa CITY, ~OWA.
(PASS nN~ nr~OPT)
Kubby/Linda, is it possible for the next series of ordinances, because they all to do with
the same subject, can be read and voted on at one time If we make a motion to do
so?
Nov/Well, I was thinking I would at least not read the comment because we have red
those comments a couple of times.
Woito/Yes, you can combine. In terms of Iowa law, you don't even have to read the
whole thing. You can do it by summary.
Lehman/#14, 15, and 16.
Kubby/I move that #14, 15, 16, 17 be collapsed for one vote.
Lehman/Second.
Nov/Moved by Kubby, seconded by Lehman that we combine-
Kubby/And all of these have to do with utility fees and penalties and rates and deposits
and etc.
Nov/Okay, we are combining #14-17. Okay, this is a motion that needs ayes. All in favor,
please say aye- (ayes). Motion carried.
I will do a quick summary. #14 is to increase our water service charges. #15 is to
increase waste water service charges. #16 is to clarify certain definitions of waste
disposal. It does not increase any fees. #17 is to amend sections of the utility
account deposits and delinquency time frames.
Moved by Kubby, seconded by Norton (pass and adopt). Okay. And roll call will
include ordinances #14-17. (Yes).
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ITEM NO. 16
CONSIDER AN ORDINANCE AMENDING TITLE 3, "CITY FINANCES,
TAXATION AND FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES,
CHARGES, BONDS, FINES AND PENALTIES" OF THE CITY CODE, TO
CHANGE AND CLARIFY CERTAIN SOLID WASTE DISPOSAL CHARGES
AND FEES IN IOWA CITY, IOWA. (PASS AND ADOPT)
Comment: The proposed ordinance corrects certain charges and fees for
solid waste disposal. There are no increases to the residential curbside or
landfill tipping fees.
Action: ~ "~-'//,~'/
ITEM NO. 17
CONSIDER AN ORDINANCE AMENDING TITLE 14, CHAPTER 3 ENTITLED
"CITY UTILITIES" OF THE CITY CODE BY AMENDING ARTICLE A,
"GENERAL PROVISIONS" BY CHANGING CERTAIN SECTIONS
CONCERNING UTILITY ACCOUNT DEPOSITS AND DELINQUENCY
TIMEFRAMES. (PASS AND ADOPT)
Comment: The proposed ordinance reduces the length of time that
deposits are held for utilities from 18 months to 15 months and changes
the length time of when a utility account is considered delinquent from 30
days to 22 calendar days.
Action:
iTEM NO. 18
~?- zo
CONSIDER A RESOLUTION APPROVING, AUTHORIZING EXECUTION OF
AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND NNW, INC. OF
IOWA CITY TO PROVIDE ENGINEERING CONSULTANT SERVICES DURING
THE CONSTRUCTION OF THE MELROSE AVENUE RECONSTRUCTION
PROJECT, PHASE II (HAWKINS DRIVE TO BYINGTON ROAD) [PROJECT
NO. STP-U-3715(7)--70-52].
Comment: This project involves the removal and replacement of the
existing Melrose Avenue.pavement between Hawkins Drive and Byington
Road along with the removal and replacement of sidewalk, and the
installation of a storm sewer and water main. This resolution provides
contracted engineering services for project administration and construction
inspection and will total a maximum not to exceed amount of 856,200 and
will be funded with Road Use Tax revenues. Construction of the project
will begin during March 1997 and is expected to be completed by
September 1997.
Action:
# 18 page 1
ITEM NO. 18 CONSIDER A RESOLUTION APPROVING, AUTHORIZING
EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND
NNW, INC. OF IOWA CITY TO PROVIDE ENGINEERING CONSULTANT
SERVICES DURING THE CONSTRUCTION OF THE MELROSE AVENUE
RECONSTRUCTION PROJECT, PHASE II (HAWKINS DRIVE TO BYINGTON
ROAD) [PROJECT NO. STP-U-3715(7)--70-52].
Nov/Moved by Kubby, seconded by Lehman. We had a question yesterday about the
dates. I have a note here to check on dates here.
Vanderhoef/And I had a call today from Rick Fosse and we talked about this and he
checked on it and he said that quite likely it could happen by August 25 and he felt
real confident that it could be done be the two weeks later when the first home
football game would be taking place.
Kubby/So there weren't any reasons in terms of state contracts or-
Vanderhoef/The things that might not be completed might be some of the landscaping
which you don't want to rush that in the fall anyway for some plantings because it
gets too hot and are better offif you wait a little bit later.
Norton/I have a question about this and I don't want this to get to be an elaborate issue.
But how do we choose the engineering consultant firm in these cases?
Atkins/I can't tell you exactly how we did this one. Normally what we do is contact 2-3
folks who we normally work with and ask them to put together a proposal, review
the proposal and then negotiate a contract.
Norton/Do we intend to kind of pass those things around or do we-?
Woito/Yes, we do.
Atkins/We try to do that, yeah.
Woito/These are the people that designed it and we used them in the last phase. So-
Kubby/Here is Rick. He is still here.
Vanderhoef/I spoke for you, Rick. I told you you could stay home tonight.
Fosse/I had some other work to do.
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Norton/I was just asking how you pass work around on engineering services or how you
deal with that issue?
Fosse/In this case, this engineering firm had the best background, already had experience
working with the neighborhood groups out there and is familiar with the issues and
it very well qualified to work from an engineering perspective.
Norton/What do we do? Publish a notice and then they call? Or do we Call them? How
does it work?
Fosse/No, we call them based on the things that they are good at. It is qualification based
selection.
Thomberry/How does the new guys break in?
Fosse/They come in, they give us some information about their company. McClure
Engineering is one that is entering the market in iowa city and they have been
doing a good job for us so far, working on the Wylde Green issue.
Nov/Thank you. Any other discussion? Roll call- (yes, Baker absent). Okay, this was a 6-
0-1, Baker absent).
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ITEM NO. 19
CONSIDER A RESOLUTION RESCINDING RESOLUTION NO. 95-113, AND
ADOPTING A FEE SCHEDULE AND DEPOSIT REQUIREMENTS FOR THE
USE OF PUBLIC RIGHT-OF-WAY FOR SIDEWALK CAFES.
Comment: In conjunction with the new ordinance changing the regulations
regarding sidewalk cafes, this resolution sets a fee schedule for sidewalk
cafes and requires refundable deposits from sidewalk cafes which place
anchored fencing or elevated structures in the public right-of-way. The
annual fee for sidewalk cafes will remain at $5.00 per square foot.
However, the annual fee for sidewalk cafes on top of an elevated structure
on the public right-of-way will be $10.00 per square foot. There will also
be a 9200 deposit required for sidewalk cafes which place anchored
fencing in the public right-of-way and a $500 deposit for sidewalk cafes
which are located on top of an elevated structure placed in the public right-
of-way, The deposits are refundable if the publi .csi~ res~to i.~ts._~,
prior condition.
Action:
ITEM NO, 20
ITEM NO. 21
CONSIDER A RESOLUTION ESTABLISHING A REVISED SCHEDULE OF
FEES AND CHARGES FOR PARKS AND RECREATION SERVICES AND
PROGRAMS, EXCLUDING THE POTTER'S STUDIO.
Comment: The Parks and Recreation Commission and staff review fees
and charges annually, and increases are considered in order to help support
the Recreation Division's budget. The objective is to generate
approximately 45% of the Division's budget from non-property tax
revenues, The proposed fee increases for FY98 will help to achieve budget
support in the amount of 44.53%. A three-year plan has been established
with FY98 fee increases being recommended for adoption at this time and
FY99 and 2000 fee increases tentatively identified. Some of the FY98
increases will actually be implemented in FY97 because the summer season
begins in FY97 but continues into FY98, The Parks and Recreation
Commission reviewed and adopted the proposed increases at theirsmeeting .
of December 11, 1996.
Action:
.-
CONSIDER A RESOLUTION ESTABLISHING FEES AND CHARGES FOR THE
POTTER'S STUDIO IN THE ROBERT A. LEE COMMUNITY RECR. EATJ[ON
CENTER.
Comment: See comment for Item #20.
# 20 page 1
ITEM NO. 20 CONSIDER A RESOLUTION ESTABLISHING A REVISED
SCHEDULE OF FEES AND CHARGES FOR PARKS AND RECREATION
SERVICES AND PROGRAMS, EXCLUDING THE POTTER'S STUDIO.
Nov/Moved by Lehman, seconded by Thornberry. Any discussion?
Norton/I was wondering. I thought the modest increases were by and large were
relatively modest. For one, I was pleased to see that. I was just wondering does
P/R have a public hearing on fees?
Nov/Yes, they adopted the fees on December 11, 1996.
Norton/After some kind of public input?
Nov/I am sure they had public input because they are just very conscience that way.
Thornberry/I was really surprised to learn that the P/R was charged for city water for the
swimming pools, etc.
Kubby/We charge them for legal, you know, do all that kind of charge backs.
Nov/The Civic Center uses water. Everybody pays their share.
Thornberry/Does the Civic Center get a bill for the water?
Atkins/'We charge all of our operations by fund for use of water, sewer, refuse collection,
landfill charges. Just like any other customer.
Norton/And legal assistance?
Arkins/Legal assistance charge.
Thornberry/Yeah, that is a fact.
Arkins/That is one of the more stiff charges.
Vanderhoef/Do you think there is any point in contacting our congressional delegation
one more time and suggest that we discontinue the sales tax on recreation
services?
Kubby Yes, definitely.
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Council/(All talking).
Norton/Good thing to discuss n the 12th, isn't it?'
Nov/We are going. we may as well tell them what we think about that.
Thornberry/All services are taxed.
Atkins/I think another one is I would give serious thought to the sales tax on water.
Vanderhoef/That is what I added.
Arkins/They extend control over regulation us and at the same time tax the very product
they regulate.
Kubby/If they had- If some of that sales tax was a fund for water projects, that might be
one thing, or water conservation programs. But it is just sucked into the big
picture and ends up a tax break.
Vanderhoef/We have a big cycle happening here with our water fight now in that we are
having huge increases in costs and then we have to pay taxes on the water that
goes into our city swimming pool and-
Arkins/It is a substantial bill.
Nov/We all pay taxes.
Vanderhoef/It is a huge one.
Nov/For some reason they have decided that water is sales taxable and the waste water
service is not. I don't want to get too far into that because they may decide they
want to.
Norton/Waste water would be taxing the same water twice.
Nov/Ready, roll call- (yes, Baker absent). Okay, this is a 6-0-1, Baker absent again.
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ITEM NO. 21 CONSIDER A RESOLUTION ESTABLISHING FEES AND CHARGES
FOR THE POTTER'S STUDIO IN THE ROBERT A. LEE COMMUNITY
RECREATION CENTER.
Nov/Moved by Lehman, seconded by Vanderhoef. Discussion.
Kubby/I will be abstaining as I use the potter's studio on payback fee.
Norton/Why is this one separate?
Kubby/I just told you.
Norton/All for your benefit, I see. Okay. I thought there was something weird about clay.
Kubby/It is so that I don't have to vote no on all of the fees.
Norton/Okay, very good.
Nov/Well, she could have abstained on all of it if she wanted to but she would rather do it
this way.
Norton/This is fine.
Nov/Okay.
Karr/Who seconded, Madam Mayor?
Nov/Lehman and Vanderhoef.
Karr/Thank you.
Norton/Gee, I play basketball in the gym and I voted on the fees.
Kubby/But my business is clay. Your recreation is basketball.
Nov/Okay, are we ready?
Norton/Can we vote please?
Nov/Roll call- (yes, Kubby abstain). This is a 6-0-1 vote, Kubby abstained. Resolution is
approved.
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ITEM NO. 22 CITY COUNCIL APPOINTMENTS.
a. Consider one appointment to the Airport Commission to fill a six-year
term ending March 1, 2003. (Term expires for John Penick.)
(4 males and 0 females currently serve on this commission.)
Consider one appointment to the Johnson County/Iowa City Airport
Zoning Board of Adjustment to fill a five-year term ending
February 26, 2002. (Term expires for Scott Reynolds.) (3 males and 1
female currently serve on this commission.) '
c. Consider a recommendation by the Coralville City Council that
David Thayer be appointed to the Riverfront and Natural Areas
Commission as a representative of the City of Coralville for a three-year
term ending December 1, 1999. (Term expires for Les Kuehl.)
(4 females and 3 males currently serve on this commission.)
(Correspondence indicating recommendation from City of Coralville
included in Council packet.)
ITEM NO. 23 CITY COUNCIL INFORMATION.
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ITEM NO. 23 CITY COUNCIL INFORMATION.
Nov/City Council Information.
Norton/My turn to start. Larry started last time.
Nov/Larry starts all of the time and Larry talked for about 6-8 minutes already to day.
Mr. Norton will start.
Norton/I will be brief but I have three brief items. One I want to comment on this series
of programs that are being offered at the Senior Center, sponsored by the City and
HR Commission and the Humanities Board and the Senior Center in celebration of
Martin Luther King birthday and related events. And I went to two of the
programs, one that Phil Hubbard did on Wednesday and one that Susan Maske did
on Friday and both cases involved a film, absolutely tremendous films and
wonderful presentations, too. But the films were very moving and I am urging the
audience who may not see this now but rebroadcast to try to catch the broadcast
of those on Channel 4. Now there is a program this afternoon that I didn't get to
and there is one coming up tomorrow night and one Thursday night to conclude
the series. But it is so far been extremely impressive material. Extremely
impressive. It reminds you how far we have come and how far we have to go.
Nov/There is one tomorrow and another one Thursday. The one today was not
videotaped. They may do the others. I just don't know.
Norton/I hope they do.
Now, the second item, I wanted to urge the staff or somebody to write. We have
in our packet, 155 signatures that essentially implying that the city was somehow
responsible for the demise of Seaton's Grocery and I don't know whether you
could mail something to 155 people but somehow I would like to make it clear
that that wasn't exactly or wasn't our doing. I understand it was a state matter.
Nov/As I read that petition, I think they understand that it wasn't our doing.
Kubby/They just want us to be aware of the community support.
Norton/Because I was a great fan myself. I was as sad as the next to see what happened.
Kubby/Well; on the petition, the name of it is Petition of Protest Against the Bureaucratic
Oppression of The Family Owned and Operated Business Known As Seaton's
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Market with the address. It was just a great show of support for a local long
standing-
Norton/But I hope they don't interpret it as the city's venality.
Kubby/And thanks to local Minette Doderer for trying to intervene at the State level of
the bureaucratic oppression of the family owned business.
Norton/I also wanted to tell you that Lisa called me this afternoon to say that they have
gotten the video on the Green machine for cleaning d.t. There is a six minute video
and she says this thing is awesome. It does everything but the kitchen sink. It is in
Lisa's office, six minute video if you want to see it which I am volunteering to
drive the first time we get one. I volunteer.
Arkins/If we get one.
Norton/Well, we are going to get one.
Nov/I saw the picture of it. I thought it was pretty impressive.
Norton/They say it does everything.
Lehman/Check it out and make sure you have it back by midnight.
Norton/It has got a disinfectant, it picks up broken glass, it has got a water squirter. It
will do everything.
Baker/Is there a late fee on that video?
Norton/Anyhow, we are making progress I hope, come spring. Put it in your budget
request, folks. I am done.
Kubby/I just had a few things. We got a lot of responses from Coralville Central
Elementary students about what they think we should do about the deer population
problem and I thought it would be nice if maybe the Mayor, instead of responding
individually, but could still make a response. If you could write a letter to all the
individuals-
Nov/I did already.
Lehman/Write to the little dears.
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Norton/I met with four of those kids. They were really wonderful. The first four letters, I
think, were the Stephanie and Trey and Ryan and Maureen, I believe. How about
that?
Kubby/Does your letter talk about the reflectives because the reflectors we put on North
Dubuque have just been very successful in preventing accidents at night.
Nov/I said that. I talked about the state control in terms of hunting and the fact that we'
are going to do a count.
Kubby/I just want to be able to give some feedbacks. Thanks because they have put a lot
of effort, the teacher did, the kids did and all.
Nov/I figured they deserved an answer.
Norton/They were great kids.
Kubby/Thank you for doing that.
Nov/It is very difficult for children that age to get those letters written. Of course it is
easier to day because everybody is doing it on their computer. But still it is an
emotional thing for them to get up their courage to do this. Thanks.
Kubby/The only other item I have for tonight is we got a report from Julie Tallman who is
our Development Regulation Specialist, meaning that she is an inspector who helps
us enforce out Sensitive Areas Ordinance and our Erosion Control Ordinance and I
am really appreciative of this report and just want to say what a good job she is
doing and I really am glad that we approved this position this last year because she
is not only doing the enforcement but she is doing a lot of education and
especially, I think, the most important thing is not only talking with developers and
builders but talking to the people who are actually on the backhoes and actually on
the bulldozers about making sure what the plans are and the theory of the
ordinance and what is on paper actually happens on the field. And I think it is just
very important that we have this. I feel Julie is doing a great job and just wanted to
say thank you for doing better at these kinds of issues. That is all I have. Thanks.
Nov/Mr. Lehman.
Lehman/Nothing, Your Honor.
Nov/Mr. Thornberry.
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Thornberry/I will take Ernie's. I have a couple of things. Received an article about Los
Angeles quaking in the shadow of beautiful Burbank and we have all heard about
Burbank being the pits but recently they have really come out of the blocks as far
as growing is concerned. When they lost Lockheed, they lost 14,000 jobs from
Lockheed, and what they have done to create additional jobs is just being business
friendly and I will give you a copy of this. It is pretty interesting and just being a
friendly business climate type city, they are blowing away Los Angeles as far as
new business. So I have got that.
Number two, I know it has been very very cold and windy but an obligation as a
homeowner or business owner to keep the sidewalks free from snow and I believe
it is 24 or 48 hours we are suppose to have to clean snow off the sidewalks.
Atkins/I think it is 24 from the conclusion of the storm.
Thornberry/From the conclusion of the storm.
Lehman/IfI can get out of here in time, I can go do it.
Thornberry/But there is more snow on the way I understand and it would be appreciated
if the current'snow is removed from the walkways if at all possible. Now if you
are- This is a responsibility as a homeowner and as a business owner to get the
sidewalks cleared. The city does a good job with the streets. It is up to us to get all
the sidewalks. But if you are unable or unwilling, Mr. Lehman, to remove your
own snow within the allotted time of 24 hours, you call the city and they will
remove it for you.
Nov/And charge you for it.
Thornberry/And bill you. But they will do it if you are unable or unwilling to do it. But
please, folks, get the snow off the sidewalks. The city has been doing a real real
good job with the streets.
Nov/May I interject? When you clear the snow off of the sidewalks, be sure that you dear
the ramp for wheelchair accessibility and I want to remind the city to do that also
because we have not had a great ramp clearing system on some of our corners.
Thornberry/If someone were to have two meters which some people do when they have
water for their house and then a sprinkler system for their yard, do you know that
they receive two bills in two envelopes with two different stamps. Sometimes not
even on the same day and I don't know how many addresses this is. If you have
two meters at one address you think that.maybe it could be put on one page and
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sent out with one envelope and one stamp. I mean, why are we- It is just a little
thing.
Atkins/I am surprised. I happen to have two meters and I don't recall getting-
Thornberry/You get two bills.
Lehman/I get two bills.
Nov/I get two bills.
Kubby/Oh, let's make sure Steve has been being billed all of these years.
Thornberry/Two envelopes, two stamps.
Council/(All talking).
Thornberry/I said at the last meeting that I would give the Walk of the Stars an itinerary
for when the council members would be there and real quickly Dee Norton will be
there Saturday, January 18, 10:00 to 12:00. Saturday to see Dee Norton, 10:00 to
12:00. Karen Kubby will be there Saturday, January 18 from 12:00 to 2:00. I will
be there from 1:00 to 3:00. So Karen and I have a little overlap. That will be nice.
· lqaomi Novick will be at the Walk of the Stars from 3:00 to 5:00 PM on Saturday,
January 18. Ernie Lehman, Sunday, that is after church, right Ernie?
Lehman/That is correct.
Thornberry/From 11:00 to 1:00. Ernie will be there on Sunday, January 19, 11:00 to
1:00.
Dee Vanderhoef/Sunday, 1:00 to 4:00, Dee Vanderhoef. Larry Baker regrets that he is
not able to be there again this year.
Council/(All talking).
Nov/While we are doing these credits, I am also going to be there 1:00 to 3:00 at the
Chamber's registration booth, in case anybody is there earlier.
Thornberry/Larry won't be there either. But he does regret not being able to participate
again.
Baker/My spirit is everywhere.
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Norton/Watching those videos.
Thornberry/The next to the last thing I have got is a letter to Mr. Bud Stockman from
John Gross-
CHANGE TAPE TO REEL 97-8 SIDE 2
Thornberry/Was a reply to by Chuck Schmadeke.
Norton/Read it out loud.
Nov/No, let's go home.
Thomberry/The thing is-
Norton/I called John.
Thornberry/We really want the city, all facets of the city, to be a little more user friendly,
shall we say. When a bag is heaping out over the rim of the can, just like a third of
the bag is out over the rim of the can, without being completely squished down in,
maybe at Christmas time in the spirit of the holiday season, we can bend a little bit
the hard and fast rule of-
Norton/I called John and told him it was too tough for him to get a separate bag and I
have a few in my garage for $1 each and he can come over and have one.
Kubby/Yeah and the spirit of the holiday is not to create more garbage. So-
Norton/It is not complicated. Put in a box or put it in a bag and put a $1 out there and be
done with it.
Woito/I agree.
Kubby/You are not getting any support.
Thornberry/He could have squished those down in there real hard and then-
Council/(All talking).
Nov/I know he could have but he didn't. So let's move on. I had a neighbor that put out a
container which is the standard 30 gallons and then put out two small plastic bags,
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separately, one of those little plastic bags did not get picked up even thought the
two of them together were less than 30 gallons because he had three containers. It
happens to all of us.
Norton/Put a dollar tag on it.
Thornberry/Well-
Norton/It is easy.
Thornberry/My last item-
Lehman/You had better hurry if you want to get done today.
Nov/We are not going to get done.
Thornberry/I' will not. I will pass On my last one.
Nov/Don't do that.
Thornberry/You wiil want me to pass on it.
Norton/Okay.
Nov/Okay.
Vanderhoef/I am going to be real quick but it would be remiss not to acknowledge Paul
Bowers who is the head of our Electrical Inspection and he was recently elected to
the International Association of Electrical Inspectors as a president and I think this
is something that is real important to know and to say thank you for all the services
that you have given to the city. That is it.
Nov/That is it?
Vanderhoeff Yes,
Nov/Larry.
Baker/Video party at my house after the meeting. We can all watch Nixon. I got the
tapes. That is it.
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Nov/I have a couple of items. Then we allow the City Manager and City Attorney to say
something.
Vanderhoef/It is midnight.
Nov/I know, however. From our Police Department, the Sentinel Voice gives everybody
a great car thief insurance idea. It says for a dollar, you buy an extra key.
Therefore when you have your car running. out in the cold, you also lock the door
and you have a key in your pocket and nobody can take away your running
vehicle. If you send me these good words, I feel like they should be shared. Our
Police Department has a few good ideas.
Karr/One council member is a little sensitive about the suggestion today.
Nov/Oh, well, moving on. I would like-
Vanderhoef/The same one who had the problem with the videos?
Baker/My children, who locked the car when it is running.
Nov/You see, if you had that extra key in your pocket, you would be just fine.
Baker/Thank you, Madam Mayor.
Vanderhoef/Only a dollar, Larry.
Norton/My car is so old, it won't keep running unless I am there.
Nov/All right. I would like everybody to know about two public forum meetings on
Johnson County Government, both sponsored by the League of Women Voters.
The first meeting is January 29 at 7:00 PM at the ICPL. Its title is What Kind of
Administrator Should Manage Johnson County and there will be a panelist who
have experience in county administration. The .second meeting is February 19,
1997 at 7:30 PM at the Coralville Public Library. That meeting is titled How Can
Johnson County Government Move Forward, Consolidate, Streamline, Modernize,
Regionalism. This is a panel discussion. There is audience participation for both
meetings. I am suggesting that people join the participation. That is it.
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ITEM NO. 24
City of iowa City Page 17
REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY.
a. City Manager.
b. City Attorney.
ITEM NO. 25 ADJOURNMENT.
# 24a page 1
ITEM NO. 24 REPORT ON ITEMS FROM THE CITY MANAGER AND CITY
ATTORNEY.
a. City Manager.
Nov/City Manager?
Atkins/Nothing, ma'am.
Nov/Don't you want to tell us about somebody new? Wasn't there some new somebody
hired recently? I can't remember now who it was.
Atkins/Yes, we have a new Housing Administrator, Maggie Grosvenor of Fort Dodge.
Thhnk you. Maggie will be starting the first part of February.
Nov/Okay, Housing Administrator starting the first of February. Thank you.
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City Council Work Session Agendas and Meeting Schedule
1997
tJanuary:.l:3 ' :..
7:00 p.m.
MondayI
City Council Work Session - Council Chambers
Times Are Approximate
7:00
8:00
8:15
8:45
9:00
9:10
9:20
9:35
9:45 p.m.
~.m. Review Zoning Matters
~.m. Burlington Median
~.m. Parking Impact Fees
~.m. Airport Land Acquisition Project/Development Consultant
~.m. Recreation Fees
~.m. Transit Routing
~.m. Low-Income Policy
~.m. Consider Appointments to: Airport Commission, Johnson County/Iowa
City Airport Zoning Board of Adjustment, and Riverfront and Natural Areas
Commission
Council Agenda, Council Time
I January 14
7:00 p.m.
Regular Formal City Council Meeting - Council Chambers
TuesdayJ
I January 21
4:00 p.m.
6:00 p.m.
City Council Work Session - Budget - Council Chambers
TuesdayI
IJanua:ry27 !
?:00 p.m. City Council WorkSession-Counc# Chambers
MondayI
IJanua~y:28:. ::::: ..: '::.:
~:00 p.m. Regular Formal City Council Meeting - Council Chambers
TuesdayI
J~February"l'::::
2:00 p.m. - Special City Council Work Session
5:00 p.m. Executive Session - Litigation - Council Chambers
· SaturdayI
February :3:
?:00 p.m.
City Council Work Session - Budget - Council Chambers
Monday/
February ::5
4:00 p.m.
5:30 p.m.
·: Wednesday
City Council Work Session - Local Option Sales Tax - Public Library Room A
January 10, 1997