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HomeMy WebLinkAbout1997-03-03 TranscriptionMarch 3, 1997 Council Work Session page 1 March 3, 1997 Council Work Session 7:00 PM Council: Nov, Baker, Kubby, Lehman, Norton, Thornberry, Vanderhoef. Staff: Atkins, Helling, Woito, Karr, Franklin, Handsaker, Trueblood, Goodman, Dilkes, O'Neil, Mitchell. Tapes: 97-41, Side 2; 97-43, all, 97-44, all. Karr/Excuse me, we have a class here. Could we .... introduce for the class that is here the council members ..... Nov/(Introduces council members) Review Zonine Matters 97-41 S2 a. Consider a motion setting a public hearing for March 18 on an ordinance amending Title 14, Chapter 6, entitled "Zoning," Article N, entitled Off-Street Parking and Loading," to remove the requirement for off-street parking spaces for commercial uses in the CB-5, Central Business Support Zone, and placing a maximum of one parking space per 500 square feet of floor area for parking spaces which are provided for commercial uses. Franklin/This is an ordinance amendment to change the parking requirements in the CB-5 zone... consequence of your discussion of the commercial parking facility impact fees. b. Consider a motion setting a public hearing for March 18 on an ordinance amending Title 14, "Unified Development Code" of the City Code by amending Chapter 9, Article A, entitled "Parking Facility Impact Fee" to exclude commercial development. Franklin/Next item is setting a p.h. that would delete the conunercial development from the Parking Facility Impact Fee Ordinance. The first amendment amends the requirements for parking in CB-5 .... places a maximum of parking that can be provided to one parking space per 500 feet ..... the most you can put in. Norton/I assume other things... reasonably control where parking is located ..... Franklin/Yes. The Design Standards are still in place and that relates to where the parking will be .... yes. Kubby/ This represents only a reasonably accurate transcription of the Iowa City council meeting of March 3, 1997 WS030597 March 3, 1997 Council Work Session page 2 Franklin/All of this discussion was linked together in terms of the parking requirements and the impact fees .... Jane felt that there was no empirical evidence that the impact fee had any affect on development and therefore she felt there was no reason to make any changes. Norton/ Franklin/ c. Public hearing on a request for voluntary annexation of approximately 140.5 acres located on the east side of Scott Boulevard, north of Highway 6. (ANN96-0003) Franklin/We are on C. now. Baker/Go back to a. and b. Franklin/Those are just setting a p.h. at this point. Baker/On the deletion of the commercial parking impact fee we always talked about changing a residential impact fee. Franklin/Yes, that is scheduled for you work session on the 17th. Baker/ Franklin/Item c. & d are linked together. These are the p.h.s on the annexation and rezoning for Streb Industrial Park. We are working with AI and Bob Downer. Bob has been out of town .... We will continue to work through the CZA. We will ask you to continue this until your 18th. Kubby/When is the appropriate time for council to continue our discussions about economic development policies? Could be a long discussion .... Norton/ Franklin/I think the issue is when those guidelines apply and whether they apply just if you are doing tax increment financing or they apply if the city has a role in this project at all .... Norton/ It does not spell out in more detail the things that trigger those requirements .... Franklin/Let's schedule that for the 17th .... This represents only a reasonably accurate transcription of the Iowa City council meeting of March 3, 1997 WS030397 March 3, 1997 Council Work Session page 3 Norton/ Thornberry/The give and take on that was pretty nice. Baker/... 17th ....talk about it. Franklin/Make sure we put aside some extra time on the 17th to deal with that. Kubby/I want to be clear .... list of what the partnership entailed... It looked to me that we would absorb the water and sewer tap on fees. That that is not something we usually do and so if we did that for the whole industrial park, then that is something I would want to think about applying our guidelines towards .... Thornberry/...give and take on these things. Norton/ .... I would kind of assume those guidelines would come up all of the time ..... Nov/What if we help construct a park? ..... Thornberry/ Nov/Do we want to apply the guidelines based on the fact that we helped with the construction of the site before anybody came in? Thornberry/ Kubby/And that is the purpose of the guidelines .... d. Public hearing on an ordinance amending the Zoning Chapter by conditionally changing the use regulations of approximately 140.5 acres of property located on the east side of Scott Boulevard, north of Highway 6, from County M1, Light Industrial, to CI-1, Intensive Commercial (38.93 acres), and I-1, General Industrial (101.57 acres). (REZ96- 0021) e. Consider an ordinance amending the Zoning Chapter by designating the East College Street Historic District, as a Historic Preservation Overlay Zone, for property located along College Street between Summit Street and Muscatine Avenue. (Second consideration) Franklin/E. and f. are both second consideration on the Historic District designations. This represents only a reasonably accurate transcription of the Iowa City council meeting of March :3, 1997 WS030:397 March 3, 1997 Council Work Session page 4 f. Consider an ordinance amending the Zoning Chapter by designating the College Green Historic District, as a Historic Preservation Overlay Zone, for property located generally around College Green Park, along E. College Street from Dodge Street to Governor Street, and along S. Dodge and S. Johnson Streets between E. College and Burlington Streets. (Second consideration) g. Consider an ordinance vacating Gable Street, a developed right-of-way east of Sycamore Street, south of Lakeside Drive. (VAC96-0004) (Second consideration) Franklin/Second consideration of the vacation of Gable Street. h. Consider 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) (Pass and adopt) Franklin/H., i., and j. are all related. They are the Walden Hills Project. H. is the rezoning. It has to be rezoned before you can approve the plat... then a resolution approving the plat and j. is a resolution that pertains to the city council's policy regarding street access for West High. So I would like to have a little discussion with you on that tonight .... Thornberry/Do you have an idea why Pam Erhardt abstained? Kubby/She wasn't on the Commission when the original discussion ..... Vanderhoef/I would like the resolution to restrict future access to Shannon Drive if Shannon Drive is going to be approved as the plat is presented to us. We haven't even gotten a response from the high school .... Thornberry/If the school would want a curb cut on there, they would have to apply for a curb cut. Franklin/A curb cut is usually dealt with administratively. The way this would occur- Shannon Drive will not be right at the school's property line, so it wouldn't be a matter of getting a curb cut onto Shannon Drive. It would be a matter of another local road being platted or a specific drive being platted to West High School from Shannon. That would take some action on the part of this council or future council as the Galway Subdivisions proceed south and east .... You will be looking at what that street layout is ..... What this resolution says, it puts everyone on notice .... that the issue of access is out there and reserves the right of council at some future time This represents only a reasonably accurate transcription of the Iowa City council meeting of March 3, 1997 WS030397 March 3, 1997 Council Work Session page 5 to go so far as to prohibit access, restrict it .... I think what, Dee, you are asking is instead of being any opening for restricted access, that it just be prohibited. Vanderhoef/...since we are not designing the street to keep that traffic away from the neighborhood areas ..... I don't want the option .... Kubby/ Franklin/They had one meeting of the Board that fell before your meeting tonight .... It was not on the agenda last Tuesday and I did not hear anything back from Jerry Palmer. Norton/... we are simply saying that has to be discussed .... Franklin/There is no commitment to an access point on anyone's part. The high school has not said yes... the school board has not said that they want to absolutely have it. Norton/ Franklin/There could be a local residential street that is platted off of Shannon as Shannon progresses north and stubbed out at the high school property .... Or there could be in the design of the subdivision .... a drive from Shannon to the high school .... Lehman/We are reserving the right to restrict or prohibit- Franklin/That is correct. Norton/ Lehman/At this point in time I think prohibiting it is a little bit too strong .... reserving the right to restrict or prohibit. I agree with you .....The way it is worded... I tend to agree .... Norton/... could be a little stronger ....by adding reserve the right to restrict or even prohibit it entirely. Lehman/ Nov/...it says may restrict access entirely. Why can't we say may prohibit access entirely? Franklin/Yes, you may. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 3, 1997 WS030397 March 3, 1997 Council Work Session page 6 Kubby/That would be fine. Lehman/That is fine. Norton/That would get the sense of your- Lehman/It still gives us the choice. Thornberry/If we said prohibit, could another council then over-turn that? Franklin/Absolutely. All this does, it is in the record .... enough of an issue .... that it warranted a resolution and a future council would have to rescind this resolution to establish the access. Thornberry/ Franklin/ .... When we plat that part of Galway... this issue will... come up ..... The people who won't know will be the future residents and they will move in with whatever is designed. Vanderhoef/I still feel we are not futuristic enough in planning and designing the traffic in that area ..... Perhaps we ought to be designing something that would accommodate some traffic .... safer. Norton/We can't effectively prohibit into perpetuity anyhow .... Some of us think that there might cases when they have a football game, we would let them use it for two hours to get in and out ....If you put in the word prohibit, I would prefer that. That is what I would do. Franklin/I have got that change and that sounds like that is the majority. i. Consider a resolution approving the preliminary plat of Walden Hills, a 40.7 acre, 53-1ot residential subdivision located on the north side of Rohret Road, east of Highway 218. (SUB96-0028) j. Consider a resolution setting a policy of the City Council regarding city street access to West High School. k. Consider a resolution approving the final plat of a Resubdivision of Lot 2, Westport Plaza, an 11.41 acre, 2-lot commercial subdivision located south of Ruppert Road. (SUB97-0002) This represents only a reasonably accurate transcription of the Iowa City council meeting of March 3, 1997 WS030397 March 3, 1997 Council Work Session page 7 Franklin/Consider a resolution approving the final plat of a resubdivision ....Westport Plaza... this is the final plat for Staples. Norton/Nothing weird is going on? Franklin/No. Thornberry/Looks like an extension of the building ....horizontal continuity. Franklin/The legal papers are in order. Thornberry/It looks very nice. Lehman/Karin, if we are considering the final plat of Staples, the building is almost built. Franklin/Details, Ernie, details .... There was a lot there that was already buildable .... play allows the formal conveyance of that land from Cub Foods to Staples ..... conveyance of the land. Kubby/ Lehman/The building is 2/3rds built. Thornberry/So is the car wash. Franklin/Those are on existing platted lots. The car wash didn't need to have a further subdivision ..... Norton/ Franklin/All this is doing is dividing it for sale purposes ....Staples is there. Nov/Why does it require the city council to divide it for sale purposes? Franklin/That is how you can sell land is when it is divided formally through a plat ....To have a plat approved and a lot created, it has to go through the jurisdiction .... Norton/ Thornberry/ This represents only a reasonably accurate transcription of the Iowa City council meeting of March 3, 1997 WS030397 March 3, 1997 Council Work Session page 8 Franklin/ Kubby/We are going to talk about deer next? Kubby/... I had phone calls from people who asked me what time are we starting and I said 7:30 .... Baker/Do Gilbert Street intersection ..... This represents only a reasonably accurate transcription of the Iowa City council meeting of March :3, 1997 WS030:397 March 3, 1997 Council Work Session page 9 Gilbert/Kirkwood Intersection 97-41 S2 Nov/Do the Gilbert/Kirkwood intersection .... Kubby/ Council/(All talking). Atkins/Kirkwood/Gilbert intersection, we bring this to you primarily because... council... Jim is making a recommendation that on Gilbert Street we take that inside land and make it a restricted turn lane only- Nov/With a protected left turn. Atkins/Jim's point is that it functions that way substantially anyway .... Norton/Both directions now it will be protected .... Thornberry/(Refers to a map). Norton/You are right, there is no arrow on the west bound. Council/(Looks at map). Kubby/We should talk one at a time probably. Atkins/This is what has to be changed. If it is acceptable to you, we will put that in the mill. Norton/ Atkins/They will all- This will be signed as the right lane will be a through lane and this will be a turn lane (refers to map). Thornberry/ Kubby/Does it have to meet certain warrants? Atkins/As I understand it, it does .... Kubby/This will be the second time that we had Jim hang out here and we didn't deal with this issue or we dealt with it early and he will come .... This represents only a reasonably accurate transcription of the Iowa City council meeting of March $, 1997 WS030397 March 3, 1997 Council Work Session Woito/He lives out in the country. Atkins/ Kubby/I guess I would like us to offer our apologies again. Atkins/Is this a go? Council/Yes .... page 10 This represents only a reasonably accurate transcription of the Iowa City council meeting of March $, 1997 WS030397 March 3, 1997 Council Work Session page 11 Deer Count 97-41 S2 Kubby/I would like to read some of this. Nov/A little thinking time ....about five minutes .... Council/ Nov/ Atkins/Tim Thompson, Wildlife Management Biologist from the IDNR is here to address you concerning deer. Tim Thompson/It has been a while .... I tried not to give you a whole bunch of information... I cover five counties ....hard to fit all this information together for all the people I do have to work with ....What I wanted to do... glad... trying to get a count on the deer population .... Being able to jump into this before you start... and actually get some numbers is a real good idea. By the map that is provided there... give you some ideas of where these deer are located .... The one number I would like to explain is up here at the top left hand side where you see a 97 and 39 ..... dividing line for the south half where the 39 deer were and the 97 were north of that up to about Forever Green Road ..... Most of these counts cover the corporate city limits of two communities ..... we are going to get into some of the parts that are in the county ..... also up north of I-80...east of Dubuque Street, also a portion there .... Trying to do is broke them into compartments on this here sheet... give you an idea of the deer per square mile .... total number being about 28 deer per square mile .... 28 for an urban area is a whole other thing to consider .... provide you some information to answer some questions you have .... tell you a bit about what some of the other communities have done .... some information I passed out... Page 2 .... one thing on biological carrying capacity. One thing on biological counting capacity, once that is triggered .... impacting that population .... making it decline... habitat is really messed up .... I don't think it would be very hard in Iowa to get to the biological carrying capacity of deer. We could withstand 200 to 300 deer per square mile on a lot of areas and the deer would still be out there and thriving ..... Cultural carrying capacity, where you are intermixing the humans that are living right there with the deer and what the tolerance litnits are. These are going to vary person to person ..... I tried to provide a little bit of information .... We are going to be looking at a situation in 2-3 years, that population is going to continue to double .... 90% of mortality is human related, they are either hit by a vehicle or else they are killed during the hunting seasons. The other 10% mainly affects the fawns .... In most cases there are no natural predators out there other than people and that deer population is going to continue to grow at a very fast This represents only a reasonably accurate transcription of the Iowa City council meeting of March 3, 1997 WS030397 March 3, 1997 Council Work Session page 12 rate given the food supply out there and secure places and basically not being threatened. Lehman/We are basically like a game reserve in the city limits .... Thompson/I would like to introduce... Willy Sucky, he is our Deer Management Biologist for the state ..... He is here to help answer some of the questions .... We have had Black Hawk County, Waterloo, Cedar Falls ..... We have conducted air surveys in Des Moines now for two years. This year Iowa City-Coralville and also Cedar Rapids-Marian we also conducted a more scientific survey up there .... Kubby/How do you establish what the appropriate number per square mile in some of these outlying areas? ..... Thompson/Very little in terms of things going on right now... Coralville, they are rapidly developing up there .... build it and the people will come .... In Iowa City the area between North Dubuque Street and Dodge Street south of 1-80 there are some big ravines in there .... Kubby/In your research... is there a magic goal, a number, for an urban area? We some areas like the peninsula where there isn't development now but there will be in the future ..... Is there a number? Thompson/That is what each community sort of has to look at. You got to look at do you owe it to the citizens ..... Thornberry/I live in the 78 area. What happens- There is an ordinance against shooting a firearm in the city limits- Atkins/There is- Thornberry/But can you shoot one for self protection? In September and October... they are really not afraid of people .... 70 of the 78 are in my yard. There are in my ravine .... I have had my car charged .... and hit my car .... These things are getting to be more than just a nuisance, more than just eating bushes and stuff.... It is more than just bothering bushes .... There are a lot of deer there. Kubby/What I hear Tim saying is that we have to make a decision about what is our goal... committee can give guidance to us .... Thornberry/ This represents only a reasonably accurate transcription of the Iowa City council meeting of March 2t, 1997 WS030397 March 3, 1997 Council Work Session page 13 Nov/Do we want a committee? .... Do we want a citizen task force to discuss the issue? Thompson/Basically the advantage of having some type of task force, a management group, is just you bring in people that have concerns either for the damage or for the deer, either way. Those people are able to go through the process of seeing why is this deer population at the point that it is at. Where is it going to go from here. What alternatives do we have and some of the alternatives .... similar in a lot of communities... They can be different. Some of it boils down to cost and manpower .... In terms of having a task force, it also gets that stuff out... discussed... media... get it out to the rest of the public .... At least you got some recommendations from a group of citizens that have a lot of different concerns .... Norton/If you were going to think, what time of year would that be? Thompson/There are some other things that come into play. The state is in charge of the wildlife populations .... so there is going to be certain things that the city can do... if they fit within some of our formats that we already have. If you want to do something outside of those formats, then you have to request it, out department will have to act upon it .... Two different kinds of depredation permits. One is to allow more licenses during the regular hunting .... in a place where it is legal to shoot deer. They can get more special permits within the seasons to try to take more does. Outside of the season basically the time frame is from September 1 to February 28... being able to take care of problem door through gpecial depredation permits .... shooting the deer and eliminating them .... By April those pregnant does... have their fawns .... I don't think anyone wants to get into a situation where they are shooting a doe that is just about ready to give birth or else shooting a doe and finding out there is a fawn a couple of hundred yards away .... Norton/What luck do you have... in a particular region ....If you think in one of those areas, do they just fill in right away? Thompson/Willy has done- There was a telemetry study done in Wateree and Cedar Falls... Willy Sucky/I am with the Iowa DNR, Wildlife Biologist. Generally... if you control in a place, the deer population won't be invaded very much because deer are territorial. They have a social structure .... Once you do a controlled mechanism, within a few years, the population will begin to built back up .... Thornberry/Do you just kill the does? Is that the idea? Sucky/That is the most effective way. You want to harvest antlefiess animals. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 3, 1997 WS030597 March 3, 1997 Council Work Session page 14 Vanderhoef/What is your experience in a control hunt of collecting deer and dressing them out and using the meat? Sucky/In most of the control hunts, the persons that are doing the control have the option of utilizing the deer themselves or donating it ....been successful over in Davenport. Norton/Squaw Creek. Sucky/Cedar Rapids-Marion area is within a new urban deer zone... CHANGE TAPE TO REEL 97-43 SIDE 1 Lehman/I think... we have a problem. Something has to be done with harvesting the deer. I have no problem appointing a committee but I would like to see that committee's work done in a timely fashion .... I have seen 50-60 deer at the same time. Nov/Somebody told me he counted 90 deer on the peninsula area .... They swim across the river. Thornberry/ Thompson/The counts are a snap shot in time .... Nov/ ....This is Misha Goodman, Animal Control Officer. Misha Goodman/I have been here for almost four years now and I have been hearing the same thing .... people have to remember just because you see deer doesn't mean that they are causing a problem necessarily. We never get complaints from people in Forestview Trailer Park about the deer in that area. We do across the road on Foster Road. It is a really sensitive area... We need to get some citizens involved to try to reasonably decide what is the problem .... One of the real problem ..... hit them with a car... we have put in reflectors, cars don't hit them as much anymore. Now we are going to do that up on Dodge. So we are alleviating one of those natural predators... that will cause more deer to be there. Thomberry/ .... if you see deer and you don't like them... call Misha .... Goodman/One of the problems... I am not sure this city really knows what the actual problems are .... Deer now days in the urban areas are use to people .... This represents only a reasonably accurate transcription of the Iowa City council meeting of March $, 1997 WS030397 March 3, 1997 Council Work Session page 15 Norton/ Goodman/ Vanderhoef/Would you think it would be reasonable to put the citizens committee together, let them run for next 3-4 months, collect all that information and be ready for a decision by the 1st of September? Goodman/Yeah... information may come pretty quick... Tim and other groups are willing to provide that ..... Thornberry/Would your animals eat this meat? ..... Dog food? Nov/How about the Crisis Center Food Bank? Thornberry/I was thinking about cutting a budget here. Goodman/Get a committee together... there are all sorts of different possibilities. Norton/Once you look at the literature... we have a lot of data... There are not a lot of equally effective alternative methods. Goodman/There are different methods ..... cost involved... some solutions that are very effective .... Kubby/So how many people would it be good to have on this committee? Nov/ Sucky/Most of the groups .... 20 people .... Thompson/You really want representation from the different city departments .... You got Coralville, too... anybody who has management interests in the public open space of where the deer occupy should have a voice on the committee, plus people from the community .... 15 maybe. Lehman/Wise for us to incorporate a committee for both communities... Nov/Our Animal Control is joint anyway. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 3, 1997 WS050397 March 3, 1997 Council Work Session page 16 Thompson/ .... It is going to end up... Willy and I will probably be on that to represent the DNR... one of our conservation officers, too ....out in the county... Cities are going to have certain people... Lisa .... Kubby/I would like an ecologist like Steve Hendrix who has done a natural areas inventory in the county and the city .... Norton/...whatever is done... we want a recommendation firmly in our hands well in advance of the season to do something. Nov/We are not appointing a permanent commission .... Short term committee appointment. Goodman/I was approached by a few citizens who worked in the Kent Park situation and were a little concern about DNR ....as part of the committee as decision makers .... an interest that was a little different .... Thornberry/ Goodman/ Kubby/They would be advisory. Council/ Thompson/ ..... we just attended the general sessions to provide information and to answer questions. Kubby/ Norton/It is suggested the overall hunting regulations that control deer have in some sense lead to deepening the problem because they created a more fertile situation for the population to increase. Is that being considered? Sucky/In Iowa we really have shot a lot of does to keep the population in control ....We try very carefully to monitor that. Nov/ Sucky/The way we structure the season are to allow hunters to shoot does... to keep the population in control .... This represents only a reasonably accurate transcription of the Iowa City council meeting of March 3, 1997 WS030397 March 3, 1997 Council Work Session page 17 Norton/ Goodman/...DNR... some people feel they produce a situation to keep hunting alive as opposed to reducing the population. Nov/Misha, do we know how the proportions are between the does and the bucks in this area? Goodman/I don't. Sucky/(Can't hear). Almost every study... bucks have a higher mortality rate because they have higher movement patterns .... slight shift. Kubby/Will people be applying to be on this task force or will be council be taking names? Nov/Logical that the council be appointing people ..... Vanderhoef/I would like to get Coralville involved ..... Nov/We can do that. Do you want about 15 people? Vanderhoef/Sounds good. Nov/About 2/3 Iowa City; 1/3 Coralville... what do you think? Norton/Whatever is reasonable to them .... Nov/ ....doesn't matter too much... city residents, not county. Atkins/How about a suggestion? Why don't we- we will get with Tim, Willy and Misha and we will find out how other towns have done it. Put together kind of a summary report, bring it back- Nov/Let's not make one more report. Let's just a decision that we will have applications or we will have city council suggestions. Thornberry/We don't want to reinvent the wheel either .... Lehman/ Council (All talking). This represents only a reasonably accurate transcription of the Iowa City council meeting of March 3, 1997 WS030397 March 3, 1997 Council Work Session page 18 Nov/I hear that we are kind of leaning away from let anybody apply and go selecting people from certain areas with certain perspectives. Is that what I hear? Council/(Yes). Norton/We should be able to come up collectively with a reasonable representation.. Kubby/We need suggestions then of what those categories are. Staff can give us suggestions. Thompson/ .... people who are experiencing damage... people that maybe say I go to Hickory Hill Park three times a week ..... Obviously... citizens that you choose .... certain other staff people that are going to have to be there... someone for the City Police... DNR .... Animal Control .... Norton/Can staff give us an outline of the structure that we are going to fill in? .... Nov/Yes. Thompson/Time frames... Cedar Rapids... three months .... met twice a month .... so they could have something to their city council by 1 st of September .... Their city council didn't do anything about it... Marion did. Cedar Rapids is still looking at their problem .... Nov/ Thompson/... as more housing gets put in north of 1-80, they will start getting more and more complaints up there .... Nov/ .....I hear from people who see them swimming across the river. Norton/We could net them. Nov/Yes, indeed. Kubby/I think we have done what we are going to do tonight. Let us move on. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 3, 1997 WS030397 March 3, 1997 Council Work Session page 19 Mercer Park Gymnasium 97-43 S1 Matt Pacha/I will try and be brief tonight ....P/R Commission... also got John Beasley, ex- commissioner and is currently serving on the P/R Foundation; Rex Pruess and Ross Wilburn are also current P/R Commissioners and Ross serves also on the Foundation. You should have gotten a little memo in your packet... Brief reminder that gymnasium space remains P/R Commission #1 priority for capital improvement .... Fundraising feasibility study... we have done that .... We have gotten the results from that back .... initial financing proposal called for $300,000 in private contributions .... The results indicated that it probably would not be feasible to raise $500,000 but $350- seemed like a manageable amount. So we revised our financing proposal to reflect that .... raise the private sector contributions to $350,000 and reduced the Parkland Acquisition loan from $250,000 to $200,000 ' and at our February 12 meeting... P/R Commission unanimously endorsed support for that financing package. We started out with a community task force .... put together a task book .... 91% of the interviewees felt there was a compelling need for this facility; 85% approved of the public/private financing package that we presented. Also 85% indicated that they would monetarily support the project .... main concern... momentum.. I would like to see us move forward as quickly as we can .... heck of a lot more work to be done .... Baker/Matt, has your operating costs projections changed? Pacha/Not a bit .... Baker/(Can't hear) Kubby/Does that $75,000 a year include paying back of the $550,000 loan? Pacha/No. Kubby/So $75,000 for operations plus repayment. Norton/What do you refigure what that repayment is? .... for the repayment of the $2O0,000? Pacha/It would be no more than ten years in payback. Atkins/And we do traditionally on internal loans charge ourselves interest because of the loss of opportunity costs .... Kubby/If we did ten years that would be $55,000 a year? This represents only a reasonably accurate transcription of the Iowa City council meeting of March 3, 1997 WS030397 March 3, 1997 Council Work Session page 20 Atkins/$450,000 is $45,000 a year plus interest charge calculated on an annual basis .... Nov/You are not losing money on something like this .... Atkins/You are taking it to pay a contractor to build a building. It is a direct cash outlay that you are not going to get back unless you choose to have yourselves repaid .... Kubby/It goes from a money making pocket to a money spending pocket. Atkins/ Norton/Are we pretty firm on that $45,000 figure? Atkins/$450,000 worth of loans and just simply dividing by 10 ..... Nov/ Atkins/I think 10 is a good number to recommend... our obligation debt on our routine capital projects is in the 10 year... The life of the asset is far longer. Nov/Why would we not put the whole thing into bonding? Atkins/Anything beyond $700,00 requires a referendum ..... state law. Nov/Why not have a referendum? ..... have them vote to support it .... Here we are taking both construction costs and operating costs from the General Fund .... Pacha/Early on... first decision we made as a group... was to decide what route we wanted to go .... And we just felt all along by going to referendum... don't feel the climate is such that we would be successful and we want to take... get it done the fastest .... most affordable .... Baker/(Can't hear). Pacha/...with a referendum you are going to bring in... people looking at all the various things that are on the table right now... We are going to be targeting people for this project .... Thornberry/ .... just after a school nod... took three elections to get it passed .... Then they saw the library... bond issue .... Baker/ This represents only a reasonably accurate transcription of the Iowa City council meeting of March 3, 1997 WS030397 March 3, 1997 Council Work Session page 21 Thornberry/If they can get $350,000 in gifts .....If they can't do it, then we don't do the project .... Nov/I am not exactly impressed with this expert. They are talking about 85% of 36 people. They didn't do much of a widespread survey. PachaJ I think I can answer to that a little bit. The size of the project is how the consultant chooses the amount of people who are brought into the feasibility study .... the dollars to be raised and the dollars for the total project ....North Liberty Project .... more people involved. Trueblood/These 33 people that the consultant interviewed ..... were recognized in the community. Norton/ ....I am trying to figure this out .... Baker/... I don't think we can afford it .... Norton/I keep looking over the budget ..... Kubby/ Baker/ ....$120,000 .... Atkins/Not done anything else .... Kubby/One of the things we have heard is we might want to be adjusting the 45% rule that you have self imposed .... I would want to not be adjusting that rule if the. majority agrees to this .... Through fees we have to try to be near that 45%. Nov/Yeah ..... It is just this internal loan thing that is really scaring me a little bit .... Vanderhoef/We have added something this year to a line item .... important part of our community .... supporting Jazz... Arts Festival... community kinds of things... talking about projects for our juveniles .... I think this is definitely a way that we should be strongly supporting spending our money. This is something that is for the entire community ..... I don't see how we can turn this down. This is a project that we need for this community .... long overdue .... I think we have to do this. Norton/We will carry a smaller contingency .... It is a place for young people ....If we pass it...see where we can .... This represents only a reasonably accurate transcription of the Iowa City council meeting of March 3, 1997 WS030397 March 3, 1997 Council Work Session page 22 Lehman/Are there places in your CIP where we can make slight adjustments to help finance this? Trueblood/Given that this is the #1 priority of the Commission and staff... yes. The problem is... I don't know that that would help the funding .... Lehman/Perhaps a trail could be postponed ..... Trueblood/Don't put me at odds with Casey Cook, use another example .... Lehman/ .... They think this is something that we should be doing... financing proposal kind of comes in the backdoor. If there is a way that we could trim a little bit off the CIP... to help with the financing of this project .... Trueblood/ ....find some wiggle room somewhere. Baker/In about two weeks we are going to be hit with another proposal... a d.t. project that needs out support .... probably several hundred thousand dollars... just for the library .... Citizens Review Board that we are going to have to fund something on that. I don't see how we can take this ..... Atkins/I don't think anything can get you around the operational cost of the $75,000. That is a new expense. We have sufficient capital acquisition ability within our budget ..... We can change capital projects .... You still have an operational cost that will affect the General Fund. There is not way around that. Nov/ Atkins/We can do certain capital tradeoffs but you still have that operational expense ..... about $44,000 a year goes into Parkland Acquisition and Parkland Development Fund... you could freeze that ....You still have an operational cost you still have to seal with. Kubby/We could decide to not pay back these funds equally .... Atkins/One of the original proposals was cash contribution for the fund .... In the assembly of financing for the capital project I am not as uncomfortable about. It is just the general operations .... Norton/... good many departments that we are going to have to take another look at ..... This represents only a reasonably accurate transcription of the Iowa City council meeting of March $, 1997 WS030397 March 3, 1997 Council Work Session page 23 Baker/These operating figures are adding up .... Future operating costs... community policing, we are going to need more police. Norton/Aren't we talking about Tort Liability Tax .....? Baker/ Norton/ Atkins/Tort Liability... limited to the amount of your insurance obligation... You have some additional room in there... also an increase in your tax rate ..... Norton/ Lehman/Good argument on taking a little bit from here and there... to fund that project. Lehman/ Thornberry/ Trueblood/ Council/ Norton/I am going to make some hard choices within the present staff. .... Nov/Are we saying that we are going to approve this based on the fact that you raise $350,000 from private contributions? .... I want to hear the time line. Trueblood/The consultant's time line right now is to try to have a good idea by August or September .... meaning whether or not we have a good chance of getting the $350,000 in pledges. What happens with respect to if it looks like we can't get to that, then we have to come back to you... what do we do now? John Beasley/It is my understanding... what we are here to ask for is a green light conditioned upon raising $350,000 from the private sector and if we come up with $325,000 then we are in a position of having to come back ..... Baker/ Beasley/I just want to be in a position to say to somebody you are going to write us a check for a private donation .... $350,000... we are going to build this thing. This represents only a reasonably accurate transcription of the Iowa City council :neeting of March 3, 1997 WS030397 March 3, 1997 Council Work Session page 24 Baker/But it can only go if the council agrees to absorb the operating costs. Nov/I think we are agreeing right now. Beasley/If you give me a green light conditioned on $350,000, I am walking out of here assuming that when I get that $350,000 1 am going to have a building .... and operating .... Baker/ Nov/ Norton/ Lehman/I have had so many folks enthusiastically supporting this .... I think we will have to find the operating income .... I do support the project. Kubby/... I don't really know where I come down .... I don't know many things to cut to allow these things to happen .... These are important things for everybody in the community .... I am waffling around .... Baker/ ....Because of the context of everything else we have to pay for in the next couple of years ..... Vanderhoef/... your choices are just a little different than mine right now. Kubby/I would rather pay for gymnasium than more police. Lehman/... we need a commitment. Norton/If we say yes, we have to take a hard look at operating elements in this budget ..... Nov/ Lehman/I support it. Vanderhoef/I support it. Thornberry/I support it. Norton/I support it. This represents only a reasonably accurate transcription of the Iowa City council meeting of March :3, 1997 WS030397 March 3, 1997 Council Work Session page 25 Nov/I am wishy washy but we got four votes. Thornberry/We have four supporters, one wishy, one washy and one no. Norton/Let it be recorded. CHANGE TAPE TO REEL 97-43 SIDE 2 Thornberry/I concur with what we voted on last time ..... Nov/What we had expected... was a far more complete feasibility study .... I am still a little concerned .... Beasley/... Thank you very much. [Council Break[ This represents only a reasonably accurate transcription of the Iowa City council meeting of March 3, 1997 WS030397 March 3, 1997 Council Work Session page 26 Airoort Land Accluisition and Easement Project 97-43 S2 Nov/This is Eleanor Dilkes, Assistant City Attorney. Dilkes/There is a memo in your packet from Ron... I have ACSG, Inc. is the company the Airport Commission has now signed a contract with to do the consultant services for the land acquisition of the Master Plan. We have with us from ACSG Pat Bridger, president; Greg Bridget, project manager for this project. Greg's real name is James .... We have got two resolutions that will be in front of you tomorrow... A resolution approving funding of ACSG's contract and the second is approving the acquisition of the easements and the land according to the Master Plan. We have Ron and the Bridgers .... refamiliarize you .... Nov/Is this a good standard contract? Dilkes/This was a contract... first draft .... it has been previously approved by the FAA in other projects... I made a number of changes to us... contingent on approval of funding by you. There were some provisions about subcontractors that would be changed so that we only have to look to ACSG in the event there is a problem .... Nov/Do you have all of our human rights listings? Dilkes/Yes. I often have to include the additional protected classes that we have. Kubby/I had called Don Yucuis. I was concerned about paying direct salary costs .... non- salary costs and an overhead cost of 120% .... seemed unusual... Don had said he would pass on some info to you ..... Dilkes/Don talked to me .... for these types of contracts, that is not an unusual pricing but there is also a not to exceed fee on the first attachment for the first phase .... Kubby/... why did we go to a party in Florida to check the contract... instead of people dealing with land issues in Iowa? Dilkes/The figures are really an independent cost estimate ..... We got an estimate from them on what the project would cost and we used those figures .... The companies that competed with ACSG for the project .... were not appropriate people to be doing the independent cost estimate .... The company that did the cost estimate is a company that.. oldest land acquisition company in the country... done a lot of projects... The airport part o£it is pretty significant. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 3, 1997 WS030397 March 3, 1997 Council Work Session page 27 Thornberry/ Norton/What happens... subconsultants. What happens when they are brought in? Dilkes/That is all between ACSG and the subcontractors. We pay ACSG. Vanderhoef/On page 2... term of contract .... Commissioner shall have the right to extend this agreement for one additional period. At what cost or what kind of contract do we have if we extend for one more year? Dilkes/I don't think that affects the price .... This is a project which is very difficult to estimate how long it will take .... provides us flexibility. Norton/When literally does the first phase end?... Dilkes/First phase... gets us to the point where we can start dealing with the individual property owners .... provide us with these windshield appraisals .... Pat Bridget/Windshield appraisal is basically just a drive-by appraisal .... get the appraisers in and get some very accurate numbers. One of the purposes of phase 1 is to provide you with accurate budget estimates for the remainder of the project .... Norton/Is it anticipated... phase 2... negotiation? ..... Bridger/Yes. Dilkes/(Can't hear). We wouldn't want to switch consultants mid-stream unless there.was a problem. Norton/ Kubby/Have you all ever done... ways to save money... cooperative with landowners .... Have you ever had any experience in negotiating land trades? Bridger/Yes, we have. We really can't answer that question at this point because we have not gotten into the project .... We look at everything during phase 1... We will have a report for you that makes very specific recommendations as to where we go from here. Thornberry/On this $10 million project, will the FAA require us to spend our entire $1 million before they start putting in money?... This represents only a reasonably accurate transcription of the Iowa City council meeting of March 3, 1997 WS030397 March 3, 1997 Council Work Session page 28 Dilkes/Our grant applications are already in with the FAA .... We don't have to spend out 10% before they will fund us, no. Nov/... start negotiating ....Are we then going to get reimbursed for 90% of we have spent already? Kubby/Depends if they approve it .... Dilkes/We are eligible to be reimbursed for what we spend at 90%. Norton/Have you heard anything? Thornberry/She said Ron is suppose to hear by next week. Dilkes/No, the applications have been in since September .... anticipate getting the first round of funding I think next fall .... 1997. Maybe Ron can speak to this... indications .... pretty high on FAA priority list ..... Kubby/With our phasing, it is possible that we might spend more than $1 million up front? Dilkes/We are only talking here about the land acquisition part that we are going to be proceeding with before we get funding and that isn't near $10 million. Kubby/Could it be more than Dilkes/2 1/2 is the estimate. Kubby/ ....thinking we are going to have to spend about $1 million of direct community money. Could we possibly spend more than $1 million in doing land acquisition before getting reimbursed? Ron O'Neil/You are talking about the reimbursement. The reimbursement is going to be by project .... Kubby/So will we be reimbursed for all of the acquisition? Is that considered one project? .... O'Neil/It is all considered one project. That is the way the application was grouped and sent .... Land acquisition and navigation easements, that is one section .... We think this is probably the fairest... This represents only a reasonably accurate transcription of the Iowa City council meeting of March 3, 1997 WS030397 March 3, 1997 Council Work Session page 29 Kubby/Does that mean we will be spending the $2 to 2 1/2 million on acquisition before we get reimbursed the 90%? O'Neil/It really depends on the schedule ..... It is hard to say ..... We could be reimbursed for part of the project, yeah. The reimbursement could start before the project was completed. Norton/Why aren't navigation easements kind of standard? .... What causes the price to differ? O'Neil/...the value of the property is probably going to have something to do with it ..... We have a fairly comprehensive Airport Zoning Ordinance in place that does protect us .... The runway protection zones that are the main focus... for the protection of people on the ground .... Norton/I am kind of nervous about this ..... biting off another chunk here. O'Neil/The land acquisition .... will enhance this piece of property for the city .... easements... I am certainly a rookie... Thornberry/... in that location .... Kubby/...A housing study may be required. What is that? O'Neil/It more than likely will be required and Greg is going to tell you about it. Greg Bridger/Under the federal regulations if any property that you acquire... relocation expenses exceed $22,500 for that particular property, then you can be required to provide a last resort housing payment .... You have to relocate everybody to decent, safe, and sanitary housing .... We are looking at a last resort housing plan .... examining all of the alternatives... $22,500 for owner occupants .... That is the relocation payment .... Called a replacement housing payment .... Nov/ Bridget/ Norton/How far above $22,5- can you go? Bridger/Infinitely. Vanderhoef/Different figure for renter occupied? This represents only a reasonably accurate transcription of the Iowa City council meeting of March 3, 1997 WS030397 March 3, 1997 Council Work Session page 30 Bridger/$5,250 for rental. Kubby/We recently relocated quite a few mobile homes.. found them safe and decent housing ..... not sustainable on their income .... Part of our housing plan... would be that we find them sustainable decent living arrangements. Bridger/We will do that .... unusual circumstances ..... make sure that we had made allowances for special circumstances .... You have to be able to examine every situation all the way through these programs.. democracy... There is a way to do every single thing as long as you know how to do it correctly and that is what Pat and I are here for. That is what Pat and I are here for. That is not just an advertisement. Kubby/... do we need to... archeological issues for this community .... Bridger/If you notice.. subconsultant is an engineering company... they are to go out and do a phase 1 environmental .... make sure the airport is not buying a whole lot of problems .... They sign a document that says there are no outstanding architectural or burial or anything like that ....nothing that must be preserved or moved on that site ....You can do a study ....to make sure there is no pre-history .... Kubby/Is it a problem if there is?... Bridget/Yes .....nightmare .... Pat Bridger/ ... There are specific things you can do. The federal guidelines are very specific in how you treat these sites .... We know what is on that site specifically and then we can make the arrangements .... meet any of the challenges ....Howard R. Green Company .... Kubby/One of the things... contract price list... direct salaries are... no blanks filled in. Is that available? ... rate per hour .... Bridger/I can give you the rate per hour ....That is not built in. That is a sample only. Kubby/In here it says .... Bridger/(Reads list of salaries) .... multiplier .... invoice breaks it out so you have a direct salary expense. That is exactly what that person makes .... Those are also approximate .... We may move things around .... $44,000 number in there is an absolute not to exceed ..... This represents only a reasonably accurate transcription of the Iowa City council meeting of March :3, 1997 WS030397 March 3, 1997 Council Work Session page 31 Norton/If overhead costs are automatically figured in.,. Why does one need to worry about what can be counted as an overhead if it is going to be built in at 120% of direct salary? Bridger/That is a number that the FAA .... specifically includes what I can include in that .... We can only include certain things. Norton/ Vanderhoef/Is that why the Airport Commission retains the say on what subcontractors you can hire? Bridger/Sure. Vanderhoef/I read the Commission retains the right to approve the subcontractor ..... Dilkes/Right ....Just a good thing for us ....standard provision .... Bridger/Does give you one point of contact ..... Kubby/Comment... The consultant who was working on the Master Plan did a really good job of building relationship out in the community... hope you can pick up that ball and run with it ..... Pat Bridger/That is going to make our job easier. Kubby/ Pat Bridger/We are very cognizant of how we are affecting people .... Our people have to have sensitivity .... one of the things our national reputation is based on. Kubby/ ....talk with Steve Nasby... to help relocate. Bridger/That would be very helpful. We plan to use every asset that we have available here .... They will take the time to understand those people's issues. Kubby/Ron, in terms of the whole Master Plan, are you acting as the project manager? Who is coordinating everything? This is a huge thing. O'Neil/Actually I am coordinating it for the Commission .... I am going to be very actively involved in all of this. Yes. If you have a question, call me. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 3, 1997 WS030397 March 3, 1997 Council Work Session page 32 Woito/Or Eleanor. Kubby/ O'Neil/If there is an answer... call me. Kubby/ ....all the Master Plan... Who is making sure everything is being done on time.. following up on people? O'Neil/It is spelled out in their contract .... Nov/Okay, thank you. Kubby/ This represents only a reasonably accurate transcription of the Iowa City council meeting of March 3, 1997 WS030397 March 3, 1997 Council Work Session page 33 Play Vehicles 97-43 S2 Nov/Play vehicles. I have trouble calling these things vehicles .... Norton/ Vanderhoe£/ Nov/We moved that one spot that you are allowed to take your bicycle and go through a parking lot. That is about the only thing that we changed. Vanderhoef/What happened to the top level of Chauncey Swan7 Norton/They decided that they couldn't put a fence around it. Vanderhoeff... What was it that precludes us from making a space for the in-line skates in the parking ramp aiter hours? Mitchell/ More of a policy decision ....liability ..... Norton/We figured someone might go over the top. Vanderhoef/We don't want that to happen. Kubby/Suggested.. next ramp.. build in the facility on top. Norton/So they will continue to do it downstairs where the cops can see them. Woito/They will continue to do it on the top anyway. Mitchell/Terry Trueblood .... somebody had called him about that ..... trying to set up a meeting ....explore some other alternatives for where people could play roller blade hockey. Vanderhoef/I want to find a place to do this .... Kubby/I agree. Nov/ ....do want a barrier... in this wall... It is not safe ....They do want some kind of a wall. Kubby/We should go up there and watch them play to see how fast... what kind of risk there is. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 3, 1997 WS030397 March 3, 1997 Council Work Session page 34 Norton/...did they concur there was a reasonable risk up there? Mitchell/I am not sure that that was discussed .... Nov/Council said we don't want to look at the fencing .... Council/ Vanderhoef/ I thought there was a way to fence it that would be appropriate. Nov/We didn't get an exact number. Norton/We didn't get the exact height. I guess we should. Woito/I think it is high enough without a fence. I was in the minority. The engineer thought it needed to be higher. It is plenty high. Nov/Could we get a real number? Mitchell/Sure. I will do it. Nov/We are at least saying we are not allowing them... they may still do it. Baker/Our policy is we are not going to allow it. Thornberry/Right. Kubby/I think we should wait to get the height issue clarified before we say that because maybe we want to sanction it. Council/ Kubby/I have a problem with doing restriction without providing alternatives. Nov/ Kubby/This whole thing in general ..... Why not use it double duty... get efficient use out of that space...? Mitchell/What we could do... have Terry Trueblood look into the cost of constructing something in the park right now. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 3, 1997 WS030397 March 3, 1997 Council Work Session page 35 Norton/get an idea of what a fence would be like. Nov/...in a park .... Mitchell/ Kubby/ Nov/I would bounce it to them to find some other way to do it but not to give them the authority to construct a fence at the parking ramp. Vanderhoef/I would listen to their recommendation. Mitchell/I will get back to you. Norton/Look at both options. Baker/ Nov/Part of the reason that we did not bounce it back to them (P/R) .... Kubby/We are not sure of the wall height. Mitchell/So four votes for at least check the height. Norton/Check the height and come back to it. Kubby/Suggestion for addition to definition of no-motorized vehicles .... In the ordinance explicitly exclude bicycles from the definition so that we are clear .... also like to be very clear that we also exclude wheelchairs and baby strollers because they could fall into this definition .... Norton/Have we considered what it is going to take to sign things? ...signing could be a real problem .... Mitchell/ ... put up a picture of a skateboard with a line through it... same thing with in- line skates, bicycles .... I think if we did those three, we would probably take care of the majority of the concerns .... Norton/ This represents only a reasonably accurate transcription of the Iowa City council meeting of March 3, 1997 WS030397 March 3, 1997 Council Work Session Kubby/Is the definition that is your Part b ....consistent definition of CBD? Mitchell/I think it is a little bigger than what is set out in the Zoning Chapter. Woito/The committee came up with that ..... We did it for reasons. Vanderhoef/Why did you stop at Iowa Avenue versus Jefferson? Mitchell/Had to draw the line somewhere. Woito/Because some people on the committee didn't want people going .... someone objecting strenuously... going further north. It is purely arbitrary ..... Vanderhoef/ Woito/ Kubby/On Jefferson to Van Buren west of Gilbert it starts ..... Vanderhoef/ Norton/Maybe you should put it to Jefferson Street. Kubby/ Norton/We could take it to... south side of Jefferson ..... Vanderhoef/I think that works... Nov/Okay, south side of Jefferson .... Woito/Instead of Iowa Avenue. Kubby/So the people in town who use a skate board or in-line skates as transportation .... the in-line skater has to cross Jefferson Street, stop... put their tennies on and walk. Vanderhoeff Wherever they come in .... Woito/I wanted to allow them in the street but I was out voted... to be used for transportation... cons are safety concerns of people ..... page 36 This represents only a reasonably accurate transcription of the Iowa City council meeting of March 3, 1997 WS030397 March 3, 1997 Council Work Session page 37 CHANGE TAPE TO REEL 97-44 SIDE 1. Nov/I like what we have done in terms of the summary ..... educate the public ..... We are going to need to do lots of education ....lots of courteous warning giving before we start heavily enforcing it. Mitchell/Are there four votes to move the boundary to Jefferson, then? Is everybody in agreement on that? Council/(Yes). Mitchell/Okay. Norton/It would be funny if we let them go in the top of Chauncey Swan but they couldn't get there. Council/ Norton/We will probably be fine tuning this periodically. Nov/Come up with a good plan except for the word non-motorized vehicles. Mitchell/You don't like that? Nov/No ..... Now we have to worry about baby strollers. Kubby/ Norton/We could still have a naming contest. Kubby/I guess I want to .... most of the people who are using these vehicles are not tuned into the political process .... I would want to be able to somehow get this information to people so that they can come to a public hearing... give us their feedback .... Norton/We could put it in the school newspapers. Kubby/That is a great idea as well as the bike shops that sell the vehicles. Norton/We should do that more often .... Kubby/Student Senate. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 3, 1997 WS030397 March 3, 1997 Council Work Session page 38 Norton/School newspapers. Kubby/Shops. Thornberry/...all ages .... Norton/ Thornberry/Could be in their libraries ....school board .... Norton/Notices about the p.h ..... Nov/ Kubby/If you all can think of other places. Woito/If we have agreement from you, then we can go ahead and send out the proposed ordinance to the group that came down here several times. I know we have their names and addresses. Kubby/I have a skateboard file at home. Woito/We can send copies to them. Mitchell/I will get it back in ordinance form to you ....We set it for p.h. Norton/Do we have control of those sidewalks on Jefferson or are those University? Mitchell/Those would be city sidewalks. Norton/ Mitchell/ Woito/We won't have this back to you by next meeting because PCRB is more important. Karr/With spring break.,. better off to do it in April .... Kubby/ ....look through the record. Mitchell/...names that Marian had given me, This represents only a reasonably accurate transcription of the Iowa City council meeting of March :3, 1997 WS030397 March 3, 1997 Council Work Session page 39 Charitable Contributions 97-44 S1 Nov/We are on payroll deductions and charitable contributions. Larry said everybody and nobody .... Norton/I like the proposal that was brought to us by staff. Nov/I thought that was a reasonable proposal. Kubby/If you looked at #6. Look at #1 and #6. Aren't they the same? No 501(c)3 organization is suppose to be involved in political activity in terms of elections, etc. Mitchell/It may be somewhat redundant... cover the base to make sure. Kubby/It says or the determination of public policy through political activity .... Personally I don't have a problem with allowing our employees the option to donate to those organizations. I don't think we need to be determining that. I agree... with Larry, it is all or nothing. Vanderhoef/Do we have any idea what the cost is... for the city if this goes through? Mitchell/ Atkins/I don't know how I would predict that. Kubby/Open it up and see what happens. Baker/I predict it is not going to be a big problem .... Norton/ Baker/ Norton/I don't know anybody who does payroll deductions for everybody in sight .... I don't know .... Kubby/I don't mind an employee having to request it .... Norton/ Thornberry/If they want to contribute to an organization, there is nothing to say they can't contribute to wherever they want to themselves. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 3, 1997 WS030397 March 3, 1997 Council Work Session page 40 Mitchell/This is just for the easy... United Way... It just makes it easier for employees to contribute .... Norton/ ....can legally restrict it to one ....That is not an unreasonable restriction .... Kubby/Cost is the same to the city .... Norton/Seems to me to our benefit to go to local agencies. Baker/ Nov/Most policies have some exclusions... Norton/University doesn't deduct for everybody in sight. Vanderhoef/Could we add something like quarterly instead of monthly...? Baker/Same for everybody .... Norton/ Kubby/Is it more expensive... than doing it regularly?... Atkins/Once you set it up the computer sends out the check .... }Cubby/ Vanderhoef/I was thinking it might be cheaper to do it quarterly .... Baker/...have a restriction... can't change their mind every month. Thornberry/...charge... for every change .... Nov/Let's say we have 500 employees .... 100 different organizations .... Baker/ Atkins/ Norton/I don't see anybody else doing this. This represents only a reasonably accurate transcription of the Iowa City council meeting of March :3, 1997 WS030397 March 3, 1997 Council Work Session page 41 Woito/The question is do you want to allow them or not. If you want to allow them, you have to do it on a level playing field .... Nov/We have the level playing field. Woito/Right now we don't because we are not allowing Iowa Shares in. Norton/ Nov/Would Iowa Shares be allowed in on this? Woito/They wouldn't fit, would they? Mitchell/Probably not because of the- Woito/I don't know who would besides United Way. Kubby/Isn't that exclusionary? Thornberry/ Woito/If you are going to exclude, it has got to be the council .... If you are going to do it, don't put the onerous on Steve, it should be on the council. Nov/We are doing something here. We are either adopting these guidelines are we are not. It is our decision. Baker/Could I get one clarification... If we open it up to everybody... 100 different checks a month. Does that mean currently we only send out one city check a month based up on all the city employees? Atkins/The way United Ways works- United Way, for example, has some 30 plus agencies and you can designate if you so choose when you make your annual statement .... Baker/ Atkins/Probably once per month ..... from the institution. Nov/One city check gets mailed each month. Kubby/I think we should open it up and see what happens for six months .... This represents only a reasonably accurate transcription of the Iowa City council meeting of March 3, 1997 WS030397 March 3, 1997 Council Work Session page 42 Thornberry/I think we should give employees the opportunity of giving to whatever charity they so desire themselves. Norton/They can do that. Kubby/That should be true of United Way as well. Council/(All talking). Thornberry/If it is all or none, I think it should be none. Norton/I don't want to cut United Way off from deductions .... Lehman/I think the proposal is a good proposal. Kubby/Dee Vanderhoef, you are for opening up? .... Vanderhoef/I think it is too costly to open it up ..... Norton/ .... that does most of it funding in Johnson County and doesn't spend too much on administration. Baker/ ....get new employees who never donated before that create burden on the system? Nov/It could happen .... Lehman/I don't think it would be very difficult for us to put a slip in every employees paycheck with a little questionnaire ....I think we may be talking about something that is a very minor problem .... Baker/ Norton/That is not a good way to make policy by the weight of the mail. Kubby/Iowa Shares .... in Des Moines... not only Iowa Shares but they gave more to United Way Agencies. There was more given ....I am just using that as an example... more giving happened ..... Norton/I wouldn't buy that one piece of data as very compelling. Baker/... I would be interested in finding out what the employees think. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 3, 1997 WS030397 March 3, 1997 Council Work Session page 43 Norton/This policy... done by University, School Board, by everybody... doesn't seem to me to be unreasonable to keep charitable giving .... Baker/You are basically using city regulations to favor one organization. Norton/Could be... appropriate .... Nov/It does not exclude other organizations ..... Baker/The guidelines are they have to be spending money in Johnson County ..... Nov/ Baker/Whose convenience... employees or the agency? .... Mitchell/Combination of city and employees .... Baker/ Lehman/I have not problem with this policy ..... Kubby/It sounds like there are four people who want to do this policy. Nov/That is what I hear. Kubby/I would like us to eliminate #6. If there is a local agency or body that is a 501(c)3, they meet all the other guidelines and they do some advocacy or political activity and the employees want to give, they should be able to give ..... Nov/ Norton/ Woito/Does that meet the constitutional test, Dennis? Mitchell/If we take out #6? Woito/Yes. Mitchell/Sure. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 3, 1997 WS030397 March 3, 1997 Council Work Session page 44 Nov/#6 is redundant because 501(c)3 does not allow political advocacy. Woito/Right. Baker/Do we have to vote on this? Kubby/Resolution. Norton/May I ask somebody... 20% of the cost?... Mitchell/It requires that they have got to make public disclosure of the percentage of funds that they use for administrative and fundraising costs ....most organizations do that. Norton/Did we delete #6? Nov/Yes. It is redundant anyway. We especially mentioned Iowa Shares and you are saying Iowa Shares does not fit this list? Mitchell/I don't believe they would. Nov/Okay, why? Norton/They do a lot of it outside the county. Mitchell/I am not sure that they have administrative offices located here in Johnson County and secondly I... don't think they would be spending substantial amount of the funds in Johnson County either. Woito/I just want to get this in place before we get sued. Can we get this on the agenda for next time? Council/(Yes). Vanderhoef/ Woito/No, we don't need a p.h. Nov/Put it in resolution form and that is it. Okay. Mitchell/Thanks. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 3, 1997 WS030397 March 3~ 1997 Council Work Session page 45 Council A~,enda/Time 97-44 S1 Nov/Council agenda and council time. 1. Vanderhoef/I was just going to ask if we could get information on the blue light safety phones that we talked about with the students? Nov/We did get something. Vanderhoef/I would like to just go through that a little bit. 2. Vanderhoef/I would also like a copy of the disabilities/accessibility guide to bar and restaurants to see what that looks like. Helling/I am suppose to get one tomorrow. Vanderhoef/Okay. 3. Vanderhoef/I got your note... on sales tax on water for the swimming pool but it was unclear to me whether that also included any other water for city buildings. Atkins/The idea was to take care of anything where we were billing ourselves for the sales tax. Vanderhoef/We are washing fire trucks .... wonderful. Thomberry/ Vanderhoef/ Norton/ Does somebody have a dollar figure? Arkins/We will see if we can calculate one for you. Vanderhoef/ 4. Vanderhoef/I just wanted to ask about the conversation last meeting on parking and what did you decide on the parking meters on Iowa Avenue that are one hour meters? Kubby/We said not to the increase on price. Vanderhoef/ This represents only a reasonably accurate transcription of the Iowa City council meeting of March 3, 1997 WS030397 March 3, 1997 Council Work Session page 46 Norton/We didn't fiddle with Iowa Avenue. Vanderhoef/The list in the packet. Thornberry/ ....from 30 to 60. Norton/The $1.00 wasn't going into affect on Iowa Avenue. Nov/The $1.00 may not go into any of them. We haven't talked to the DTA or anyone else about that. Vanderhoef/And was there anymore conversation about checking the cars on truly moving them or meter feeding. Norton/They decided it wasn't worth it.. they were not going to step up .... Vanderhoef/After our conversation with student senate .... What would we do because our classes are 1 1/2 hour long .... said to me that there is a lot of feeding there... I would like the DTA to take a look at that because there are a lot of businesses that would appreciate parking on Iowa Avenue, to have more turn-over on Iowa Avenue. Kubby/To do more enforcement, need more people power .... Thornberry/ Vanderhoef/If we are sending some of the parking recommendations to the DTA, I would at least like to ask them how the DTA feels about Iowa Avenue. Kubby/ Vanderhoef/Ask them whether they would like this to happen. Kubby/...I guess I would like them to pay for the enforcement. Norton/ Vanderhoef/On Friday afternoon .... found my first beer truck parked in the middle of the lane on Iowa Avenue .... seven tickets... cars in loading zone on Iowa Avenue .... Beer truck trying to deliver on Malones .... This represents only a reasonably accurate transcription of the Iowa City council meeting of March 3, 1997 WS030397 March 3, 1997 Council Work Session Thornberry/I wish they wouldn't give so many tickets .... Norton/ Thornberry/...U-bills just getting out of sight .... 5. Thornberry/Memo from Steve... regarding Police Department going through the reviewing of the files to determine information concerning drawn weapons and use of force. There are 11,111 case files in 1995 alone? Arkins/Yes .... Thornberry/They are through 2,554 .... they identified eight animal disposals .... We will continue our review. What is this costing us? Arkins/We hired a full time person, Clerk II, to go through that ....I can find that out for you. Vanderhoef/...trend... I am just wondering if two years review ....not go on back to 1994. Baker/Just go back two years and see what you get. Atkins/Finish '95 and let you know. Vanderhoef/Finish '95 and then let's see whether you want to go any further back. Thornberry/ Arkins/'96 was 11,300. Thornberry/Can we quit after '95? Arkins/See what the numbers are. Lehman/See what we get. 6. Norton/I want to .... letter about Safe Schools/Safe Communities on March 20 in Des Moines .... Is somebody planning to go? Nov/I hadn't heard from anybody. page 47 Norton/...I feel somebody ought to go ..... This represents only a reasonably accurate transcription of the Iowa City council meeting of March 3, 1997 WS030397 March 3, 1997 Council Work Session page 48 Kubby/It would be great if you would represent us, Dee. Nov/If you would like to go .... Norton/I will go ..... Nov/I have the form .... Norton/I have got one. I will go ..... 7. Kubby/School Board, have you heard back from them.. about the $25,000 for the West High lights. Atkins/Yes. She called me... set a meeting. Kubby/I just want a yes or no. Atkins/I will call her tomorrow. Nov/I did invite the school board to come to the meeting with the county. Vanderhoef/Good idea. 8. Norton/I wanted to ask about the parking fine collection. Have we made efforts ourselves to collect these already without avail? Atkins/This is the hard case...extraordinary step... see how it works... We have not done this before. Kubby/...rudeness about the style in which they do their job .... Atkins/If there is misconduct, we will deal with it .... Council/ Kubby/ Norton/ 9. Norton/In the letter, Dale, that you wrote.. discussion about the Graffiti Ordinance .... DTA... difficulty with ordinances enforced only upon complaint. This represents only a reasonably accurate transcription of the Iowa City council meeting of March :3, 1997 WS030397 March 3, 1997 Council Work Session page 49 Nov/Monday Forum .... Norton/Sorry about that ..... Policy matter. We have a number of ordinances that are enforced only in the event of a complaint, I wondered if that a good policy. Nov/One that we can afford. Norton/ Lehman/ Atkins/Complaint .... Someone will call me with a compliant, they don't want to be- So I will be the complainant and that is not uncommon .... If I am out and about... we want to know about it .... rubby/ Atkins/Difficulty about Monday Forum .... street lights... Pick up the phone call us and we can have it fixed in a day .... Norton/I will take to informal education of some of the troops. Atkins/ ....call them in and we will fix them. Helling/I did respond to that ....I saw it as a joint effort ..... Norton/It is hard to do other wise... 10. Norton/I have had a couple of calls... library people.. changing our budget from 12 days to 6 days for Sundays .... arbitrary .... Baker/I agree with them .... Kubby/It was $12,000 .... Norton/That is all. I just mentioned it ..... Nov/We were guilty of taking $6,000 from here and putting it there .... This represents only a reasonably accurate transcription of the Iowa City council meeting of March :3, 1997 WS030397 March 3, 1997 Council Work Session page 50 11. Kubby/I ask Linda if she could update us... Judge William Eads had ordered that a Grand Jury be called to examine the case of the death of Eric Shaw and I wondered if you could explain this to us. What does this really mean? Woito/The only thing I know... several judges that have approached me... under our American and English jurisprudence, that a Grand Jury could call itself together .... but in this case Judge Eads relied on the rule of criminal procedure which is Rule 4j. which says that the Grand Jury shall meet at times specified by order of a District Judge and it doesn't even require the Chief Judge... just a district Judge and Judge Eads falls clearly within that category. The jurors haven't been picked yet... He has the authority to set a time for them to meet and they have been directed as is contemplated in the rules of criminal procedure to convene themselves as a Grand Jury and this is only for criminal matters .....It has nothing to do with our civil matters...civil claim .... Nov/Curiosity... question of convening a Grand Jury after a County Attorney has already made a decision. Has this happened before? Woito/I have never seen it happened... note that Pat White sent to Burr Young, one of the top prosecutors throughout the state ..... send him a copy of the order and says you know, I have never seen this before, what do you think? .... It is a first, I have never seen it. Norton/Pat... may call it...now that the judge has indicated it. Would Pat be the attorney? Nov/Well, that is what I understand. Woito/His prior statements... ethical conflict of interest under our Code of Ethics .... I think he clearly has the authority to call in a special prosecutor from the Attorney General' s Office. Baker/My understanding .... Woito/You could as a policy matter .... we have paid for defense of criminal matters but it is not a legal obligation on your part to pay for any criminal offense and it certainly' not the insurance carrier's legal obligation to pay for it. You could as a policy maker decide to do that. Norton/Where would the defense come from? .... With the Grand Jury there is not defense stage, is there? This represents only a reasonably accurate transcription of the Iowa City council meeting of March $, 1997 WS030397 March 3, 1997 Council Work Session page 51 Woito/No, if an indictment were returned and there were criminal charges, if the person could not afford an attorney, then the court-either the public defender would defend them or they would be paid by a court fund. Baker/ Woito/I won't be involved. Probably the person that would be involved would be Bruce Walker. But us, as the city, and me as the City Attorney, I am not involved. I am not involved in the criminal matter at all, either state or federal. I am a constitutional civil lawyer. That seems to be muddled every now and then between criminal and civil. 12. Kubby/Another question I have... did the paperwork get filed for Freedom of Information Act request of the DCI Report? Woito/I haven't. I thought Steve was going to. Atkins/Pat White did send a letter off to the Attorney General asking that question. As far as an official Freedom of Information, no, I didn't file any. Kubby/Oh, we requested that weeks ago. Baker/Were we waiting for a response to that? Atkins/Pat White said he would respond to us in three weeks. Kubby/I thought we had decided that because it was going to take time to have this decided, that we directed staff to make that request so that we didn't have to wait and it would add some pressure on the Attorney General's Office. Atkins/That is not what I understood. Vanderhoef/We talked about it but I didn't understand it that way. Kubby/ Council/(All talking). Norton/I can't hear. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 3, 1997 WS050397 March 3, 1997 Council Work Session page 52 Nov/I thought we were going to make a request first which is what Steve did. Pat White, on our behalf, made the request ....then we can file a formal Freedom of Information. Kubby/ Norton/We are prepared to do so. 13. Kubby/We got a letter from Clifford Waters who had been in...Orlando. Will that idea get passed onto the DT Strategy Committee? Atkins/It already has. 14. Kubby/Are we scheduling something with the Stepping Up Project for an informal discussion? Nov/If everybody wants to have her come to an informal meeting, I will call her. It will probably be April ..... Does everybody feel we should do this work session? Norton/I would like to think we should talk to her .... Council/ Kubby/It is the campus binge drinking community involvement .... 15. Kubby/We have something on our Consent Calendar tomorrow night about · prohibition of on-street parking on both sides of 900 block of N. Gilbert Street. I have a problem with going from both sides... to both sides not allowing parking. I prefer to say no parking anytime on just one side of the street. Nov/Wasn't this... neighborhood survey .... ? Kubby/ Atkins/I will check that for you for tomorrow. Kubby/ Norton/ Nov/North of Brown Street .... very narrow .... This represents only a reasonably accurate transcription of the Iowa City council meeting of March 3, 1997 WS030397 March 3, 1997 Council Work Session Kubby/At this point, I can't support that. Norton/Did we have objectors. Kubby/We don't know. 16. Kubby/Are we, in terms of naming the soccer fields... I don't have any problem doing that. I do want to make sure... signage.. this does not belong to the Kickers for exclusive use... public facility... make sure that is clear .... Nov/All we are doing is referring it to P/R ..... Kubby/I will talk to Terry ..... 17. Bakeif(Agenda #14- Property acquisition -Airport Master Plan). CHANGE TAPE TO REEL 97-44 SIDE 2 Baker/Bottom of the description... as well as some financial contribution to the cost of the culvert.. Hills and the Wolfs. Do you have specifics on that? Council/(All talking). Atkins/$600 from the city of Hills and $1200 from Bob Wolf and we are the remainder .... Kubby/The agreement doesn't say what the total is ..... Atkins/This is their share. I will get that for you. Council/ Norton/Really Steve, what is the ballpark on that? Atkins/ .... $18,000 to $19,000. It is substantially our responsibility .... A portion of the culvert is in their corporate limits .... and they had to pay for it. 18. Baker/We got the Walden thing in and their concerns. Atkins/We are preparing something for you. We will bring that back to you. 19. Baker/We got this tonight on the butterfly garden. When is that going to come back to us? page 53 This represents 0nly a reasonably accurate transcription of the Iowa City council meeting of March $, 1997 WS030397 March 3, 1997 Council Work Session page 54 Atkins/That just came in. There are two issues: the displacement of parking,.. Iowa Arts folks use that parking lot... We called the Iowa Arts folks... we will get something back to you .... Nov/ Arkins/ 20. Baker/I appreciate getting the ICAD stuff to us .... Kubby/ Atkins/They will be adopting a new budget shortly. Norton/Do we discuss that at some point? Vanderhoef/ Council/(All talking). 21. Vanderhoef/Homebuilders. Are you interested in having them review the zoning and engineering? ..... Baker/As long as they are doing the work .... Nov/We are going to tell our staff to review their list ....It is our time as well. Vanderhoef/I would like to send them a letter and thank them for what they have done and request that they go ahead and proceed with- Nov/It would be okay.., wait a little while... Let's discuss these things... A meeting ....If they come... we will see... Baker/This request was first made in 1989 ..... Council/(All talking) ...... 22. Nov/I want to do scheduling .... (Council discussed the following meeting schedule): 3/4 Sweeper demonstration 10:30 3/12 Green machine demonstration This represents only a reasonably accurate transcription of the Iowa City council meeting of March :3, 1997 WS030:397 ' March 3, 1997 Council Work Session page 55 3/5 Library meeting canceled 3/17 3/18 3/19 3/15 8:30 to 12:00 Police Procedures and/or PCRB 4/1 2:00 to 5:00 Police Procedures and/or PCRB 5/12 & 5/13 7:00 PM Evaluations Summer Schedule: 6/17 meeting 7/15 meeting 7/29 meeting 7/26 meeting 6/30 & 7/1 Cancel 8/11 & 8/12 Cancel Adjourned: 10:45 PM. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 3, 1997 WS050397