HomeMy WebLinkAbout1997-01-28 AgendaSubject to change as ~ by the City Cler~ For a final otF~cial copy, contact the City Clerk's OtF~ce, 356-
5040.
AGENDA
CITY COUNCIL MEETING
January 28, 196'7 - '7:00 p.m.
Civic Center
ITEM NO. 1.
CALL TO ORDER
ROLL CALL.
ITEM NO. 2.
ITEM NO. 3.
ITEM NO. 4.
SPECIAL PRESENTATIONS.
a. Iowa City Kickers/
MAYOR'S PROCLAMATIONS.
a. Glaucoma and Diabetes Awareness Months - February through June
1997
b. "
CONSIDER AD THE CONSENT CALEND~nR AS PRESENTED
OR AMENDED.
Approval of Official Council Actions of the special meeting of January
21, 1997, and the regular meeting of January 14, 1997, as published,
subject to corrections, as recommended by the City Clerk.
b. Minutes of Boards and Commissions.
(1) Board of Adjustment - December 11, 1996.
(2) Broadband Telecommunications Commission - December 2, 1996.
(3) Design Review Committee - January 13, 1997.
(4) Housing and Community Development Commission - November
21, 1996, December 19, 1996.
(5) Human Rights Commission - December 16, 1996.
Consider the following recommendations made by the Human
Rights Commission:
(a) The Affirmative Action plan should be revised to include the
Equal Employment Opportunity plan for the City.
(b)
A general statement should be included with the EEO/AA
plan, indicating that the policy coincides with the Iowa City
Human Rights Ordinance, revised November 1995.
#2a page I
ITEM NO. 2a SPECIAL PRESENTATIONS.
a. Iowa City Kickers
Nov/We have a special presentation from Iowa City Kickers. Do I have that one?
Tom DePrenger/I am the president of the Iowa City Kickers Soccer Club and we have
some money for you tonight. We are happy to present a check for $40,000 which
is a partial down payment for the new field soccer complex and I just have a
couple of comments. I would first like to introduce Don Anciaux. Don is our paid
executive director. He runs out program for us. He is our administrator and we
would like to say a few thank you's to several people. First of all to the city
council for seeing through this project. We are really excited that this spring we
will have our first game out at the new complex south of town. I would like to in
particular mention Mike Moran who is our liaison. he comes to all of our board
meetings every month and he has been a real help to us in making sure this project
has been completed and also Terry Trueblood, his boss. We would like to thank all
them and the city for their support in this. The soccer community we think in Iowa
City will really benefit from this. As you probably know, we are the largest
participation sport in town for children. Right now we have 2800 kids playing
soccer in Iowa City, just through Iowa City Kickers. There is also a competitive
program in town that has several hundred children on top of that playing soccer.
This complex will streamline out operations. It will centralize all of our locations.
Parents won't have to drive all over town and for the city it is going to be nice
because the park system will be freed up, we think, for other sorts of activities and
we will be able to play soccer in a different location. Don had just a couple of
comments. But again, thank you from us. We appreciate and hope this money will
go towards good towards the project.
Nov/Thank you.
Don Anciaux/Yes. The Iowa City Kickers Board also remains committed to continuing to
raise funds to make enhancements to the project down there. Also to add fields as
we need them. This is not a one time thing with us. We will probably be back to
offer more money in the future for, like I say, additional enhancements and future
developments.
Nov/Thank you very much.
DePranger/Would you like the check?
Nov/Thank you.
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Lehman/Naomi, I probably shouldn't take this time but most of us who are grandparents
or whatever whose kids did not play soccer have no idea the number of folks in
this community who are involved in soccer. You take, I think I heard 2800 kids,
add the parents, the brothers, sisters, grandparents and whatever, and this is the
biggest sport in this community and you know I applaud you and will work with
you.
Nov/Thanks, again.
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ITEM NO. 3a MAYOR'S PROCLAMATIONS.
a. Glaucoma and Diabetes Awareness Months - Febma~ through June 1997
Nov/(Reads proclamation).
Margaret Morgan/ I want to thank you, Naomi, for signing this and the council. Our very
first project is going to be in February 11, we are having a meeting at the Senior
Center at 2:00 in the aidemoon and we are hoping that a lot of people will come to
just to learn about our project because this is just an educational project to try to
urge people, as you read, to be alert because blindness isn't much fun. So, at 2:00,
at the Senior Center we are having two doctors from the ophthalmology clinic
come and talk about glaucoma and another one talking about diabetes, retinopathy.
Nov/Say the date once more.
Morgan/ On February 11, that is on a Tuesday, at 2:00 at the Senior Center. And thank
you very much.
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ITEM NO. 3b MAYOR'S PROCLAMATIONS.
b. Black History Month - February 1997
Nov/(Reads proclamation). We have Heather Shank to accept this. Heather is the
coordinator of our Human Rights Commission. Heather, do you want to announce
aH ofthese events or do you want me to do it? Okay.
We are going to have three presentations in February in honor of Black History
Month. On Tuesday, February 4, at 7:00 PM, Adrian Kay Wing, a UI professor of
law, will speak Beyond The Year 2000 Justice For Blacks in America. On
Monday, February 10, 2:00, Joseph , Senior Lecturer in South Africa,
visitor at UI College of Law, will speak on Human Rights A South African's
Perspective. On Wednesday, February 26, at 2:00, Hal Chase, of the Iowa
Humanities Board, will speak on African American History in Iowa. All of these
programs are free and open to the public. All ofthem are at the Senior Center right
here on Linn Street and College. No, Linn Street and Washington, sorry. I have
lost myself.
Heather Shank/I just want to thank the council for their continued support for the
activities panned by the Iowa City Human Rights Commission, the Iowa City
Johnson County Senior Center and the Iowa Humanities Board and I know that
several of you came to our Martin Luther King Celebration and that was a great
success and I expect that Black History Month events will be a great success as
well.
Nov/Absolutely.
Shank/Thank you.
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January 28, 1997 City el Iowa City Parle 2
(c)
The categories in the EEO/AA plan should be expanded
to include Gender Identity, to bring the plan in line with the
Human Rights Ordinance.
(d)
An accurate reporting mechanism should be implemented
in the near future to facilitate accurate reporting and record-
keeping of workforce statistics.
(6) Parks and Recreation Commission - January 8, 1997.
c. Permit Motions and Resolutions as Recommended by the City Clerk
(1)
Consider a motion approving a Class C Liquor License
for One Poor Student, Inc., dba One-Eyed Jake's,
18-20 S. Clinton St. (Renewal)
Comment: The Iowa City Fire Department has recommended
denial of this application. Memorandum from Assistant City
Attorney included in Agenda packet.
(2) Consider a resolution to issue a dancing
permit to One-Eyed Jake's, 18-20 S. Clinton St.
Comment: See above.
(3)
Consider a motion approving a Special Class C Liquor License for
Krumm Enterprises dbe Zoey's Pizzeria, 1915 Lower Muscatine
Rd. (New)
(4)
Consider e motion approving a Class C Liquor License for
Vanossa's of Iowa City, Inc., dba Givanni's Italian Cafe, 109 E.
College St. (Renewal)
(5) Consider a motion approving a Class C Liquor License for Mike's
Place, Inc., dba Mike's Tap, 122 Wright St. (Renewal)
(6) Consider a motion approving a Class E Liquor License for John's
Grocery, Inc., dba John's Grocery, 401 E. Market St. (Renewal)
(7) Consider a motion approving e Class C Liquor License for Motif,
Ltd., dba Bo-James, 118 E. Washington St. (Renewal)
Motions.
(1)
CONSIDER A MOTION TO APPROVE DISBURSEMENTS IN THE
AMOUNT OF $11,403,902.79 FOR THE PERIOD OF DECEMBER
I THROUGH DECEMBER 31, 1996, AS RECOMMENDED BY
THE RNANCE DIRECTOR SUBJECT TO AUDIT.
DISBURSEMENTS ARE PUBLISHED AND PERMANENTLY
RETAINED IN THE CITY CLERK'S OFFICE IN ACCORDANCE
WITH STATE CODE.
~anuary 25. lg97 City el Iowa City Paine 3
e. Resolutions.
(1)
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A
RENTAL REHABILITATION LIEN FOR THE PROPERTY LOCATED
AT 602 SOUTH DUBUQUE STREET, IOWA CITY, IOWA.
Comment: The owner of the property located at 602 South
Dubuque Street, received a $6,160.00 loan through the City's
Rental Rehabilitation Program on June 18, 1986. The financing
was in the form of a 10-yeer, no-interest Declining Balance
Loan. The terms of this loan were satisfied December 19,
1996; thus, the lien can now be released.
(2)
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A
RENTAL REHABILITATION LIEN FOR THE PROPERTY LOCATED
AT 424 EAST JEFFERSON STREET, IOWA CITY, IOWA.
Comment: The owner of the property located at 424 East
Jefferson Street, received a $10,000.00 loan through the
City's Rental Rehabilitation Program on May 21, 1986. The
financing was in the form of a 10-year, no-interest Declining
Balance Loan. The terms of this loan were satisfied November
21, 1996; thus, the lien can now be released
(3)
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A
RENTAL REHABILITATION LIEN FOR THE PROPERTY LOCATED
AT 119-121 NORTH LUCAS STREET, IOWA CITY, IOWA.
Comment: The owner of the property located at 119-121 North
Lucas Street, received a $2,500.00 loan through the City's
Rental Rehabilitation Program on June 23, 1986. The financing
was in the form of a 10-year, no-interest Declining Balance
Loan. The terms of this loan were satisfied December 12,
1996; thus, the lien can now be released.
(4)
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A
RENTAL REHABILITATION LIEN FOR THE PROPERTY LOCATED
AT 1010-1010 112 EAST FAIRCHILD STREET, IOWA CITY,
IOWA.
Comment: The owners of the property located at 1010-1010
1/2 East Fairchild Street received a $9,000 loan through the
City's Rental Rehabilitation Program on April 23, 1986. The
financing was in the form of a10-year, no-interest Declining
Balance Loan. The terms of this loan were satisfied October 23,
1996; thus, the lien can now be released.
~anuary 2~, l g~7 GI~ ®f I.~a CI~ Pa~e 4
(5)
CONSIDER A RESOLUTION OF INTENT TO CONVEY A
VACATED FORTY-FOOT (40') PORTION OF THE ALLEY
RIGHT-OF-WAY RUNNING NORTH-SOUTH BETWEEN
HARRISON STREET AND PRENTISS STREET AND ABUTTING
THE EAST SIDE OF THE PROPERTY LOCATED AT
522 SOUTH DUBUQUE STREET TO LARJ PROPERTIES,
L.L.P. AND SETTING A PUBLIC HEARING FOR FEBRUARY 11,
1997.
Comment: On October 22, 1996, the City Council passed and
approved an ordinance vacating the above described section of
alleyway. This Resolution declares the City Council's intent to
convey the proparty to LARJ Properties, L.L.P. for the amount of
$800.00 and sets a public hearing on the proposed conveyance
for February 11, 1997, as required by state law. The
conveyance is subject to the City of Iowa City retaining water,
storm and sanitary sewer, and utility easements. The sale price
for this forty foot (40') section of alleyway was established in
1984 when the City originally attempted to vacate and convey
the property. Because the vacation and conveyance process
was not done in accordance with state law in 1984, the
property was never legally vacated or conveyed. This property
was properly vacated in October and can now be legally
conveyed.
f. Correspondence.
(1) Richard Gibson - Library Expansion
(2) Downtown Association of Iowa City Board of Directors - Iowa
City Public Library location and CenterSpace Concept.
(3) David Graw - Transit
Packet.)
(City Manager's response in Council
(4) Dorothy Grapp - Pedestrian Mall
(5) Gerald Carroll (Citizens Against Cable Abuse, CACA) - World
Premiere Movie
(6) Carol deprosse - Shaw Incident
END OF CONSENT CALENDAR.
p~el
ITEM NO. 4 CONSIDER ADOPTION OF THE CONSENT CALENDAR AS
PRESENTED OR AMENDED.
Nov/Moved by Kubby, seconded by Vanderhoef.
Karr/Madam- Do you wish to delete any of the items?
Kubby/YeaIt, I would like to have item ¢. (1) and (2) discussed separately, One Eyed
Jakes Liquor License and Dance Permit.
Nov/Is there a second7 Okay. Moved by Kubby, seconded by Vanderhoef, that we
remove those two for separate discussion. Is there any discussion on the rest of
this. All right, shall we vote on the rest of it and then on those two? Okay. Roll
call- (yes). The motion is approved on a 6-0 vote, Baker absent.
Discussion of the items that were deleted, c.(l) and (2), the issuing of liquor
license and dancing permit to One Eyed Jakes.
Kubby/To put it on the floor, I move that we approve the liquor license and dance permit.
Lehman/Second.
Nov/Any other discussion.
Kubby/I am putting it on the floor for discussion.
Thomhefty/Oh, I see.
Lehman/As I recall last night's discussion, this was recommended that it he deferred until
February 25 and I guess I would support that.
Norton/Is that a motion to defer or amend it?
Kubby/We can talk about it.
Lehman/After reading the report or whatever, I guess I have no problem in deferring that
and reconsidering that on February 25. I think that is what we probably should be
doing.
Norton/I kind of go along with that but, boy, I tell you, this ostensibly a dangerous
situation has sat there unattended for four years. This is many efforts being made in
the meantime to try to get something moving. I am willing to defer it to consider it
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on February 25 but I have to be convinced there is some action of I will go ahead
with deleting the permit.
Lehman/Well, I don't disagree with you except from what I read in the packet, there
probably has been some omissions on the part of the city as well as One Eyed
Sakes as far as getting this done and I think that we should give them the benefit of
the doubt.
Kubby/Even though we didn't notif)' them of some thing when we should have, we also
extended by a great amount of time the time by which they had to comply to be
fair because of the lack of action on our part and it is still not coming in on time
and I just think that's is part of being not only being responsibly individual but a
responsible business in town. That there are certain rules that you live by. If you
don't live by them, you feel some consequence and that will motivate them to get
their plans in promptly if they don't have their liquor license or if they have to go
to Des Moines to get an appeal and to make sure that the work is done promptly,
as soon as possible, so they can get up and going.
Lehman/Well, I think the City Attorney's Office told us last night they have 18 months to
get this done.
Kubby/They have a certain amount of time to get the plans done.
Norton/That was the original 18 months.
Lehman/Well, it is 18 plus 18. They got three years to get it done.
Nov/They have had their first 18.
Norton/They have had their first 1 $ long since.
Nov/Even if they come in with plans today, they have 18 months to get the construction
done and I would like us to seriously consider amending that part of the rule. I just
think that is too much time.
Norton/Way too long. But in the mean time, that danger is going to continue to exist and
if some disaster, perish the thought, were to occur, we would be sitting here strung
out to dry kind of.
Thomberry/No, we wouldn't. Not at all and you can talk to the City Attorney's Office.
Sarah is here to answer any of those questions. Since he has recently submitted a
plan that was acceptable to the Building Department-
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Nov/No. It was turned down and he has another few days to get the next one in.
Thornberry/And he knows it has been given to the City Attorney's Office that he knows
what is expected and he has said that he would get it in and I don't think there is
anymore conversation going to be going on between One Eyed Jakes and the City
Attorney's Office or the Building Department.
Lehman/There will be, Sarah, come on.
Holecek/The next step for the proprietor of One Eyed Jakes is to submit plans that do not
included an expansion but address the external exits that are required under the
1991 Uniform Fire Code.
Thornberry/Hasn't he said that he would do that?
Holecek/And I believe that is the representations that I am hearing not only from himself
but his counsel as well.
Thornberry/Okay, so let's give him the opportunity to do it.
Norton/So we see what happens by February 25.
Nov/And beside, if we turn him down, he is going to get it from the state anyway.
Kubby/So that means we never- If we think that denying a liquor license is a responsible
action on our part, anybody can go the state. We don't have control over what
they do but we do have control over what we do. We would never deny using that
logic. So I don't buy that. I mean I think it is a reality but I don't buy it in terms of
that dictating our behavior.
Norton/Do we now have a motion to defer on the floor, Naomi?
Nov/No, what we have is a motion to approve. If you want to approve, you vote yes. If
you don't want to approve, you vote no.
Lehman/No, motion to defer.
Nov/I didn't hear a second on that one.
Thornberry/I second a motion to defer.
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Nov/Lehman and Thomberry have a motion to defer and that will take precedence, right,
okay.
Lehman/And that was recommended by the City Attorney's Office last night and Sara is
reaffirming that.
Nov/Okay, so we are not voting on whether or not to give the permit. We are voting on
whether or not to defer the vote on giving the permit. Okay. We need a roll call or
do we need just ayes?
Karr/It is a motion.
Nov/All in favor, please say aye- (ayes). All opposed, same sign- (aye-Kubby). Okay,
motion carried (5-1, Kubby-no, Baker-absent). Okay.
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.January 28, 1997 City of Iowa City
ITEM NO. 5. PUBUC DISCUSSION (ITEMS NOT ON THE AGENDA).
Pa~e S
ITEM NO. 6. PLANNING AND ZONING MATTERS.
Consider a motion setting a public hearing for February 11, 1997, on
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.
Comment: At its January 16 meeting, by a vote of 7-0, the Planning
and Zoning Commission recommended approval of the proposed
historic district, consistent with the recommendation for approval
from the Historic Preservation Commission.
Consider a motion setting a public hearing for February 11, 1997, on
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.
Comment: At its January 16 meeting, by a vote of 7-0, the Planning
and Zoning Commission recommended approval of the proposed
historic district, consistent with the recommendation for approval
from the Historic Preservation Commission.
#5 pagel
ITEM NO. 5 PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA).
Nov/Public Discussion for items not on today's agenda. We ask that you please sign in
with your name and address and talk to us for no longer than five minutes.
Dave Moore/Hi. I live in Iowa City, 425 Davenport Street. I am a soccer dad, too, by the
way.
Nov/Soccer folks are here in full force.
Moore/I mainly stopped by to just give you some additional questions from citizens
related to the Shaw incident. Should I give them to you now?
Nov/If you give them to the City Clerk, she will hand them out to the rest of us.
Moore/And then I had a- One thing, I have just a quick question about and then maybe a
comment. Is the February I meeting is that- There is going to be a presentation by
the Chief and City Manager. And then is there going to be kind of an engaging in
questions and dialogue with these two men or you are going to go straight to your
closed session?
Nov/It will be a city council work session. There will be dialogue from the city council.
The general public is welcome to come but there will not be public discussion.
Moore/But there may be some discussion or questions for the city council?
Nov/Among the council, yes.
Moore/Great. Well, I just wanted to say that it is my hope that, I don't know if you are
going to have time, it is my hope that possibly you can include some of the
questions that have been submitted by citizens in that dialogue and I also wanted
to say that assuming that the February I meeting is not the final word in your
review, I hope that really soon you make public your intentions on where you hope
to go with the review in the future.
Nov/I think your assumption is correct, that it will take more than one meeting.
Moore/One thing I think a lot of people would he specifically interested in is whether in
the future there may be more open p.h.s of some type and as well if there is an
intention to really, you know, maybe not all the questions but to answer at least
some of the questions that the citizens have submitted and also I think people are a ·
little concerned about where you are at with the Citizens Review Board and on
what kind of time frame. So my only suggestion would be that as soon as possible
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you try to kind of lay out for the community where you are going to go with the
rest of the review.
Nov/We did say at one time we would try to have a p.h. on a CRB proposal in February.
At this time it is a little bit slower than we had planned, so it may not be in
February. But we are still working on it.
Moored Okay. I just think it would be helpful for the overall scope of where you are going
to go and where you are going to get your information from and everything to be
laid out as clearly as possible.
Lehman/I think it is important for you to recognize there is a absolute commitment on the
part of this council for the eRR I don't think there is a one of us who are not
totally committed to it. Things sometimes take more time than they probably
should and I know that executive sessions kind of breed that the idea that you are
saying things that you don't want the public to hear. Now we have all been at
those executive sessions. There has probably been very very little ever said that, as
far as I am concerned, couldn't have been heard by the public. So I think we are
being very forthright and being very direct and hopefully we can draw this thing to
a, I hope, a swift conclusion including this CRB which I think is something we all
agree on. We want to get in place as quickly as possible. It is not going to be quite
as quickly as we had hoped but we will put it in place.
Norton/And Dave, you will recognize after Saturday that many of the questions and I
would guess that many that you have turned in are in the hopper already. This
council and many- We have assembled questions from all of us and from other
sources. I will be very surprised if there are new questions that aren't in the hopper
already and we will be prepared to consider those on Saturday.
Moored Great and that is going to take some time. There are a lot of questions.
Kubby/There is a lot of questions.
Thornberry/Staff has been working overtime on those and have been diligent in answering
them to their fullest.
Nov/We have all been studying.
Kubby/We talked last night about videotaping the Saturday meeting so people who
couldn't come would have a chance to view it. I asked today if it was able to go
out live in terms of Saturday programming on Channel 4 already because staff is
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already here and there aren't any technical impediments for us going live as well as
taping and re-broadcasting just like council meetings.
Nov/They haven't schedules something else?
Kubby/It is InfoVision during that time. It could be live. So does anyone have any
objection to that? I mean for videotaping it, I don't see why we wouldn't want to
go live. It would be a convenience for some people.
Norton/It might help because of space. Otherwise there would be people who want to
come who can't get in here probably. So it would be very- You might as well.
Kubby/So we are going live and it will be rebroadcast on Channel 22.
Nov/It may not be as clear as the formal meeting because our work sessions are usually at
a small table and sometimes voices blend a little bit better that way and faces don't
show up as well. But that is the work session format and it will be there with
television cameras.
Thomberry/The work sessions that we do around the table sometimes are- We get more
done looking eyeball to eyeball at each other than sideways. I can't see past Naomi
here. And I can't see body language or anything, so. We sometimes get more done
rather quickly around a table. So it may not-
Nov/We get more done quickly, I don't know.
Lehman/We all talk at the same times and nobody can understand.
Nov/We are going to be better.
Thomberry/It is a work session.
Nov/We are going to try, okay.
Kubby/Marian, could we get copies of those before we leave tonight, maybe, if we end up
taking a break? That would be wonderful.
Moore/And there may be another question or two floating in at some point. Are you also
welcoming questions after the February ! meeting? Is there some kind of a
deadline7
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Nov/No, I think that Mr. Norton's comments that a lot of the questions that have been
proposed by the public have probably been proposed by council members and we
may find that the questions don't need answers anymore. We just don't know. But
we certainly not going to say stop sending in questions. We will never say that.
Moore/You all seen questions that were submitted by the Citizens For Justice?
Nov/Yes.
Moore/And looked through those copies? Okay.
Kubby/Thank you.
Karr/Could we have a motion to accept correspondence?
Nov/Moved by Kubby, seconded by Thomberry. All in favor, please say aye- (ayes).
Motion carried. I didn't see anybody else standing up, sorry.
Lehman/Here comes somebody.
Dean Spina/I am a attorney from Cedar Rapids. Before I make my comments I would like
to comment that Adrian Wing appeared at our Martin Luther King Day
Celebration a week ago in Cedar Rapids at our church and she is an outstanding
speaker and those who have the opportunity to hear her in February should take
advantage of that.
I appear before you, members of the council, as the Attorney for Bernard Wilder
and Hubert Yeggy. I appear with respect the petition that we sent to you on
November 19 requesting certain action by the council. I prepared that petition after
several weeks of struggling with the illumines facts, facts that were developed after
months of open records research. I think we documented it very well in that
petition the need for some action by this council with respect to that matter. We
are asking for you to take some action. To find a just and lasting solution to this
matter, one that this council and the city has been unable to find over course of
years and one that it has had victories but shallow victories that I would suggest.
The petition that we sent to you overlapped actions by the city. One of those
actions went to a heating or a trial two weeks ago. We are awaiting a ruling on
that as you probably are aware. I don't know if you have had a chance to see the
briefs from the parties in that matter. But I ask if you haven't, you try to get a
copy because I think they are enlightening. The other matter is set for heating in
two weeks. We would recognize that I got a response on December 30 to me
petition. It was a response dated December 23 and mailed the 27th and finally
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receipted on the 30th. It was a response that I think proves the need for some
investigation by this council. It was a response that used quotations of my words
to you, quoted words that I would suggest-suggesting I said things in those letters
that quite frankly are not there and I don't know how you can blink at that and not
question what is going on. I would be happy to point out the errors. I have
requested the draRer of the letter some basis for those comments. I have received
no response to date. At the bottom of our petition is the obligation of government
lawyers to seek justice, develop a full and fair record and to avoid unjust results.
An obligation that stands in the Code of Professional Responsibilities and pertains
particularly to government lawyers. It is not been satisfied in this case as materials,
the petitions we sent to you, documents. Following Super Bowl Sunday, I suppose
it is easy for you to recall the words of Vince Lombardi, something about winning
is everything, it is the only thing. We!!, I hope that is not true in all circumstances
because winning at any cost is shallow. If you win without fairness, without truth,
without justice, is it winning at all. Or have you failed miserably. I can point out
the facts as we highlighted them in our petition. The confusion articulated by the
city over a course of time. I will be happy to try to paint that picture clearer ifl
can. I had the opportunity to meet with two of the council members before it was
requested that we come here today. Quite frankly, it took 45 to 60 minutes to
work through it with two council members one on one. But at the bottom it is a
matter of misuse of facts that were in possession of the City of Iowa City.
Misstatements as to what was decided in a prior judicial proceeding, all to the end
of accomplishing a goal or an objective to put some people out of business.
Utilizing a Zoning Ordinance that quite frankly I maintain to the magistrate two
weeks ago that your Zoning Ordinance prohibits almost nothing. I think your
Zoning Ordinance should be reviewed in a light of what it doesn't say because you
apply a Zoning Ordinance that quite frankly says what you can do but doesn't say
you can't do anything else. The Zoning Ordinance that maybe doesn't want to face
reality, you have got to say what you can't do. With that Zoning Ordinance you
have been able to obtain some victories and when you face a loss, how was it
responded to, you shied away from it. You said no, no, no, it applied over here and
not to this law. Quite clearly the record shows the facts are contrary to that. So we
would ask, the only way that this council can avoid just rubber stamping years of
action is to set up an independent investigation. Something that will lead to a long
term and lasting solution for all parties, the city as well as the neighbors. I will be
happy to respond to questions as our request.
Lehman/I just have one comment and I was not on council when this first was an issue in
which it has been a number of years ago. Apparently this has been on court for a
number of years and I don't purport- I guess I am not saying that the city is right,
the city is wrong or whatever. But I think that some of us on council have no
knowledge of what went on before and I think that we have to trust our elected
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officials and those folks who are hired by them, our professional, as you are a
professional representing Mr. Yeggy. We have professionals representing the City
of Iowa City and I guess I trust those professionals. It bothers me that this thing is
going on and on and on and on. You ask for individual meetings with council
people and I guess, I don't know, a couple of us apparently met with you. Some of
us said no, if you want to meet with the entire council that is fine, we will sit down
and talk to you. But we don't want to meet one on one. We would like to have
you talk to all of us and I think that one on one request was absolutely unfair, out
of line. You can take, well, now Ernie Lehman said this and Naomi said this and
Dee Norton said this and who are we going to believe. And I think that was not
fair to the council. And I think it is unfair to the folks who have represented the
City of Iowa City. I mean these are professional people. If we got a problem, we
have been through the courts how many times?
Spina/Five, six, seven.
Lehman/On each occasion, what happened?
Spina/On each occasion the results are not necessarily the same.
Lehman/No, no but they were pretty much the same.
Spina/But in three of those occasions the same line of analysis by the city prevailed and
that is what we have maintained is where the problem lies.
Lehman/YeaIt, but I don't think it is a matter of the city prevailing. We are talking about a
judge who makes a decision. Is that correct?
Spina/A judge makes a decision, that is correct.
Lehman/I mean, are we looking at decisions made by judges?
Spina/I am asking you to look at how the city obtained the decisions that-
Lehman/I guess my frustration is how can I, as a council person, who is not a lawyer, you
know, I have to trust the courts. I have to trust, I think, the judgment of the City
Attorney, the City Attorney's Office. After all of these occasions, I don't
understand why you would like to meet with us individually. I mean, that bothers
me.
Spina/Let me respond to that first. The request in our petition or the offer was made that
we would be happy to meet with council. No arrangement was made. We weren't
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asked to come to anything. We understood a letter was coming forth. Suddenly a
letter comes at the end of December, a rather harsh letter. I would characterize it
as shrill. It contained a number of misstatements of what I said and I had to figure
out what to do at that point. I chose to go to the individual members. I wrote to all
of you and said we were going to do this. It was only when one of you said that
we would rather do this in a group that we backed off. Now I learned of that while
I was ready to come down here to meet with one of the members and so that I told
that member that I just learned that there was a request that we do this as a group
and he decided to proceed with me, to hear me out. I came two weeks ago in a
snow storm to talk to him. So, I am sorry that you feel it was unfair to take that
approach.
Lehman/It is not that so much. I think it is unfair to ask me and I am only speaking for
myself. I have been on council for three years. This has been going on for far
longer than I have been on council. I don't know that it is fair to ask me to make
any sort ofjudgment as to what happened in 1985 or 6 or 7 or 8 or whatever. I
have no knowledge of that.
Spina/
What we tried to do is present to you some facts to support the reason why the city
needs to do something. There are a number of circumstances throughout history
where people later deal with investigation and one that is currently in the news is
the Swiss Bank account, 57 years after WWII. We are not saying that this is
anywhere near the magnitude of that situation. But you do have an opportunity to
investigate.
Lehman/And I am not saying that your facts are wrong. But it is not possible for me, as a
council person, after three years and not knowing the facts, to be able to sit down
and discuss this with you. I mean I think we have seen the information from the
city attorney's office, we have seen it over the years. Whether or not that is right, I
don't know that we- I don't have the ability to say that this is right or wrong. So
sitting down and discussing that with me serves no purpose.
Kubby/Although, Ernie, that is not really how I interpreted the situation. I thought it was-
Do you see that there are different ways to interpret this information and are you
willing, as a way of resolving this, to have a third party to come in and look at the
information and it may help guide us as to how we want to enforce things or do
things or change our Zoning Code or come to some resolution with the Yeggy
family and-
Lehman/And we discussed this and I have no problem with you visiting with us as a
council. But not individually.
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Norton/What is being proposed literally? You take an issue with some of the judgments
that have been rendered over the years. What are you asking?
Nov/I
think that if you truly believe that Zoning Ordinances need to be changed, you can
talk to our Planning Department, you can talk to P/Z Commission. But we are not
going to change the Zoning Ordinances tonight. So I would prefer that you list
your changes, send them to us, we will refer them to our Planning Department and
we will seriously consider the changes that you suggest.
Spina/
If I may respond to Councilman Norton. What we would like the council to do is to
realize that this isn't simply all black or all white. That the circumstances that Iowa
City finds itself in is a shade of gray and open a dialogue instead of parties butting
heads. I use the idea of an independent investigation. Whether there is another
vehicle within the city to accomplish this, I don't know. Clearly the constant hasn't
accomplished much in ten years. And I had asked that you think about isn't there a
better way to do this. My point is to show you things are not white in the City of
Iowa City.
Norton/I think we will take your suggestion under consideration.
Spina/Thank you.
Thomberry/You said in your opening remarks that you thought that our Zoning
Ordinance should list the activities that are not legal in certain areas. Is that a true
statement?
Spina/Basically what I think you will find that your Zoning Ordinance omits to do is
restrict uses within districts. Ordinances that I am familiar with clearly state that
you can use property in a particular district for the following uses only. Something
that says clearly. Here you just say you can have permitted uses and it has no
indication of what is prohibited or permitted. My point is not to ask you to change
your Zoning Ordinance. My point is to point out to you that you have been
proceeding against these men, since 1983, with a Zoning Ordinance that no longer
has specific prohibitions. It has interpreted or implied prohibitions.
Thomberry/I was just interested in your comment regarding our Zoning Ordinances when
you said that it lists that are acceptable in that zone.
Spina/It identifies permitted use, correct.
Thomberry/It identifies permitted uses but does not identify non-permitted uses. Do you
know how long that list would be?
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Spina/It wouldn't have to be.
Nov/I think what he wants us to say is only these uses and none other but I think it is
understood even if it not said in those words.
Spina/Again, I will, perhaps to move it along for future reference, leave you with a copy
of that part of the brief filed in the heating or trial two weeks ago relating to
zoning and the absence of a prohibition in your Zoning Ordinance.
Nov/Okay.
Spina/I just cut it out and printed it, to say paper, just used one single spacing and all of
that. So it is just a piece of that trial brief.
Thomberry/I am just saying the absence of prohibitions, the prohibitions to a use of a
piece of property would be extensive.
Spina/Again, I understand that. It doesn't restrict it to a certain (can't hear).
Thomberry/Yes it does. They do.
Spina/That is really a side issue if you may.
Nov/Okay, shall we move on.
Lehman/1 don't want you to think that anything I have said is personal because it really
isn't. But I think that most of us on council have not been on council when this
thing first started and we really-
Nov/I can guarantee when it started, none of us were on council.
Lehman/Yeah, so I guess I have a problem with asking us individually to work on it. I
have not problem whatsoever in addressing council as a group. But I really have a
problem with asking individual council folks who really don't have the background
information in doing this.
Kubby/And we all made our own decisions when we were contacted whether to or not.
So we have that power to decide to meet.
Karr/Could we have a motion to accept?
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Nov/Moved by Norton, seconded by Kubby that we accept the correspondence. All in
favor, please say aye- (ayes). Thank you, Mr. Spina. Is there anyone else who
would like to address the council.
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January 28, 1997 City 0! Iowa City Paine 6
Consider a motion setting a public hearing for February 11, 1997, on
an ordinance to vacate Gable Street, located south of Lakeside Drive.
Comment: At its January 16 meeting, by a vote of 6-1 with
Jakobsen voting no, the Commission recommended approval of the
street vacation, subject to the retention of utility easements and the
provision of an acceptable public access easement, and subject to
approval of the proposed preliminary and final plat of Mount Prospect
Addition, Part VIII. Staff recommended approval in a memorandum
dated January 16.
Action=
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-S, 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-O, 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. This public
hearing is continued from January 14. Staff correspondence and Staff
memoranda included in Council Packet.
Action:
Consider an ordinance amending Title 14, Chapter 6, entitled
'Zoning,' by changing the regulations pertaining to childcare facilities.
(Second consideration)
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. The applicant has
requested expedited consideration of this item.
Action:
page I
ITEM NO. 6<: Consider a motion setting a public hearing for February 11, 1997, on an
ordinance to vacate Gable Street, located south of Lakeside Drive.
Nov/Moved by Vanderhoef, seconded by Lehman. All in favor, please say aye- (Ayes).
Vanderhoet7 Could I just add something on that one?
Nov/Sure.
Vanderhoet71 had read in the Grant Wood Newsletter that there was some concern about
the trail and easement for that and I had checked into that and when we talk about
acceptable public access easements, that is what we're talking about. So staff is
aware of this and working towards it.
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ITEM NO. 6d 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)
Nov/P.h. is now open.
Mary Reiman/28 Galway. First of all I would like to start out by saying thanks to
everyone that helped me to clarify things in the last week. I made several phone
calls to Karen and Dee and Jeff Davidson and Scott Kugler also helped me
understand the situation with the roads out on our new west side of town there. I
feel that we need to, as a neighborhood, have some assurances established legally
concerning the roadways, what they will he in the subsequent platting. We have no
idea what will happen. Our concern is that Shannon should not he connected with
Tipperan/which is a residential road surrounded by RS-5 zoning until the collector
is completed and that the collector that would run up to the new cut out in
Melrose. I received a map today in the mail and it showed one possibility for the
road in the undeveloped parts of Galway and I think you all got one, too. There is
no assurance that this is how it will be. There is- One comment in the letter is that
along with it, they would make it so inconvenient that people wouldn't want to
take that. I feel that yes, they have made it inconvenient. They have made it so
inconvenient that people will go every which way in there instead of using it as a
way to get from Rohret to Melrose and it will he heavily used. Anyone from that
end of town going to West will use it. Anybody from over there going to 218 will
use it. And I feel that without this assurance that the planning is not sufficient to
rezone from RS-5 to the OSA-8 down in Walden Woods and the figures are made
with the RS-5 zoning understanding and things will asked to be rezoned in the
future. There is a lot of !and out there that is still to be developed. So, we are
asking that unless things are clear and assured, that there will be a road that does
not go through the residential, that they don't fezone that.
Kubby/Do you like the proposed structure of the street in the rest of Galway Hills that
isn't platted yet? Do you want it to keep into a residential street?
CHANGE TAPE TO REEL 97-! 2 SIDE 2
Reitnan/I think as it is here, it is fairly inconvenient. But they are still pretty straight and I
think people will pick up speed. The T is fine. What other calming affects could
there be?
Norton/Aren't there two T's?
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Nov/Yeah.
Norton/You got to make a fight and then another left?
Reiman/Right.
Nov/Those kind of intersections are calming affects. But it is also going to be a narrow
street with a 25 mph speed limit and someone who really wants to travel quickly
should have some incentive to go over to Mormon Trek and travel on a four lane
street at 35 mph.
Reiman/There are times of the day when Mormon Trek is not a speedway.
Nov/This is in an ideal world. We all know that the weather and other kinds of changes
will mean that this is not going to be an ideal every minute every day. There will be
more traffic at this street and there will be more traffic on Mormon Trek as well.
Reiman/Is there a way to be sure that Shannon will not hook up to Tipperary until that
collector goes north?
Nov/I don't know. Karin Franklin, is this something that you can answer?
Franklin/It is something that I can answer but I am not sure it will be to your satisfaction
if what you would like is a legal remedy fight now. The avenue that you and future
councils have to control how the street pattern is developed is through the platting
process. The concern is that Shannon will be extended, will hook in with
Tipperary, which is the street that goes along 218 and is designed as a local street.
From our perspective from planning as this was brought to the P/Z Commission
and to yourselves, we would not allow that connection to occur because exactly
what the neighborhood is concerned about would happen then. That collector
traffic would be going onto to Tipperary which is designed as a local street. So as
Shannon is extended, it has to be extended to a point in which it can complete that
collector system without impacting the neighborhood streets of the Galway
Subdivision that are already there. When we do that is when we proceed with the
platting of the Galway Subdivisions.
Kubby/But we have given that message to the Galway developers that we will not allow
Shannon to go directly to Melrose.
Norton/Or to Tipperary.
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Franklin/There is two issues here. One is that Shannon will be designed in such a way that
you will have to make some turns on it to get to Melrose. That is number one. The
other is that when it is initially connected with any streets, it will not be connected
to. local streets such that those local streets are functioning as collectors. We will
require it to go all the way through in a circuitous pattern to Melrose.
Nov/Do we have any assurance that this Shannon Drive will get to Melrose before the
connection to Tipperary?
Franklin/We can assure that through the platting process. I think what will happen is that
we will see- The next step would be for Shannon to come down from Melrose
with development off the Melrose end. And that before that connection can be
made between Tipperary and Shannon, Shannon is going to have to go all the way
through and be connected up to its other end up by Melrose.
Nov/I think that is what she is asking. Is that what you are asking, Mary?
Reiman/Somewhat, although is this the end of Shannon right there?
Franklin/Yeah, okay. The name Shannon, when I say Shannon, I am talking about the
concept of the road proceeding north, going through a couple of intersections and
getting to Melrose. Now what the name of it is in that last link, we don't know at
this point.
Kubby! But you are saying that the way that our system works right now is we don't have
any legal way of guaranteeing that. We are saying that we are setting up the
expectation that that will happen in that platting process.
Franklin/The only mechanism you have is to, by resolution, set a policy that you are going
to do that. However, historically, that has been done before. We passed a
resolution that we would not improve Rohret Road until FY99. Well, the school
was built, improve the road. So, that is why there is no absolute assurance. The
only thing I can say is that we have the mechanism whereby city councils can
control that and it is consistent with the policies of the city and how we approach
developing street networks to control it.
Nov/And we expect the staff will recommend this action to the P/Z Commission.
Franklin/That is correct. That would be when the Galway Subdivisions come in. Now we
don't know when that will be. This map that she is referring to will go in the files
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and it will be flagged for future subdivisions in case it is many many years from
now.
Reiman/Is it possible that this will go here and be connected to Galway Drive this way
instead of going actually up here first?
Nov/We are not seeing that map. Would you repeat the question in a way that we can
understand it?
Franklin/It is to extend Shannon to the north and then at the intersection then it would
proceed west to the existing Galway Drive. Galway Drive is designed at collector
standards. That is possible. However, if that is a problem, we can just make a note
of that also in the file.
Kubby/But the big point is Shannon won't have a straight shot to Melrose. That you will
have to make some not just curves of the road, but you will have to stop and make
some turns to get to Melrose and that is the value that will be lived out.
Franklin/I think the concern, too, is that that traffic have the option of going to another
connector to Melrose besides Galway Drive. That there be those two options in
thus dispersing the traffic and not putting a burden on Galway.
Nov/Yes.
Franklin/Correct?
Reiman/Right.
Kubby/Not to be speculative but I mean all of this depends, too, on, I mean, there is
zoning there but there is no plat. There is no building going on. A developer could
come in to have his zoning change. That has been done before with Galway Hills.
That could change some of where the road would be.
Reiman/It could change a lot. This is just an idea. I hope that before it would be rezoned
to the higher density and subsequent rezoning, that we really give thought to how
these roads are handled.
Nov/We are learning. We are trying.
Reiman/Okay, thank you.
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Sharon McDonald/From Walden Woods. I have a couple of quick points. First off,
completely off the topic, I want to congratulate the city workers on handling the
snow so well. I think they have done a wonderful job. I have been impressed all
over town.
Nov/We agree, thanks.
McDonald/I didn't even know we had this great big on. They are great. From my
perspective, I looked over the numbers that the traffic people did in planning you
know, Shannon, what they think is going to be the traffic count on there and they
are going with 540 units times seven trips. I truly think that more people than that
are going to use Shannon because regardless of how many little things you put in
there, it really would make sense when you are going to West High game to pick
your kid up that you don't want to go all the way out to Rohret, deal with the
light, go all the way up Mormon Trek and sometimes, as she said, those streets are
difficult to get through at different times. Plus I think that we do need to plan for
this Coral Ridge Mall going in even though I understand the city is a little
conflicted about that because we are worried that it will draw business away from
d.t. and I think that is a legitimate concern. But on the other hand, it appears that
that mall is going in and so people, I think, will if they are trying to get to that
mall, use a shorter shot. I know when I am going to Handimart I use Teg even
though there are all those little stop signs and all of those little whatever. It still
feels shorter line to me than going all the way down Benton to Sunset and all the
way down Sunset. It just feels like I am cutting across and I just feel like I am
getting away with something. I am not speeding or anything. I am just, you, I sense
I am getting a shorter deal.
Nov/You, of course, understand that all those little stop signs are there to keep you from
speeding and we put in those little stop signs on this street, too.
McDonald/What I am saying is stop signs or not, I still like and prefer that route and I
have the feeling that this is going to happen. This is street that people have wanted
for a long time, some way to get from Rohret to Melrose without going all the way
out to Mormon Trek and this area is just getting more and more and more
developed. If you add in all the units in Hunters Run and Southwest Estates, which
isn't even finished building, and all the undeveloped land and Mormon Trek
V'dlage and Walden Woods and the townhouses down below, I mean, you are
getting a significant population out there who I do think are going to use this road.
So, I will drop that particular point. And my last point, I don't mean to be
confrontational on this but I am not sure why Galway Hills is being assured that
they will protected from having their streets used as collectors when Walden
Woods is being planned as being used as a collector for new higher density
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development. That just feels a little incongruous to me. You know, we have Coil
and Irving Street being planned as collectors Streets.
Nov/I didn't think it was planned that way.
McDonald/Well, the traffic is going to come through, I mean, that is why the streets
aren't going to be shut off, I am assuming.
Nov/Let us try and explain.
Franklin/There is different classifications of streets, local, collector and arterials. And
Coil, although it was originally designed to be a collector, with Shannon, Coil will
not be a collector. The original plans were to have the primary means of access
from Rohret to Melrose to go along Coil Drive which is why it is wider and then
proceed on up to Melrose. Well, on further consideration, we didn't think that was
a good idea. So that has been shifted over to Shannon. Coil will function as a local
street. Coil and Irving are both intended, and Walker Road, to be local streets and
not to be collectors. Let me make a point about the count. Sharon is absolutely
right, it was based on RS-5 for 540 units. However, the range for a collector is
1,000 to 5,000 vehicles per day. The 540 will generate 3,510. So we are a little bit
above the midpoint which means that for that collector to function with that area
built out, based on 540 units, you still have a little bit of room for some other
traffic in there, admitting that some is going to go through there and still meet the
collector standard.
Kubby/The thing we talked about last night, too, was realizing that we need another
arterial a mile west of Rohret. That as things get built out, that there might be
some people who use Shannon for awhile because that is what is there but as
things get built out, that there will other local collector and arterial streets to the
west.
McDonald/Well that is good. And what Karin was saying was the 540 units. My point
was that is only based on using Galway Hills and Walden Hills as the units who are
going to use it. That only leaves you a 1500 car a day leeway for all the other
developments that I just mentioned. I do think it is going to be exceeded way
before you think it is going to be.
Kubby/And you may be right when the West-City High game, when it is at West. It will
be crazy.
McDonald/I am just thinking about when I go pick up my kid from lifting, you know, we
probably go up and down to the high school 2-3 times a day and he is not even in
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high yet. So, you know, God knows, what it is going to be like when he is actually
in school. And I-
Thomberry/Question. Would you like to see it be an arterial then so it could handle more
traffic?
McDonald/Well, I almost would. An arterial with a 25 mph speed limit that doesn't go
through Galway Hills.
Thomberry/And I agree with you. I think that street will carry an awful lot of people.
McDonald/I like the idea of it running right up beside West High and giving them that
really much needed south exit. You know, to get those parking lots out, cleared
out. Because if you have ever been up there in that second one back parking lot,
you can be there for awhile.
Thomberry/That was suggested at last night's meeting and I don't if it didn't get four
votes. We tried.
Norton/That depends somewhat on the schools.
Lehman/Totally on the schools.
McDonald/I understand and I-
Norton/We are not at all sure they want two entrances.
McDonald/And I understand there is that classic tension between school and city. I just,
in the ideal world that you were talking about, was thinking oh, that would be nice.
Nov/Yeah, in the ideal world it would be nice to have a south exit there or entrance.
Something on the south, yeaIt.
McDonald/Okay, well, those were my only points and I think you got my letter in your
packet.
Vanderhoe17 Thanks, Sharon.
Kubby/Karin, can we request from the school district to outline on paper what their plans
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Franklin/We are meeting with Superintendent Grohe on Friday if it gets set up and the
principal at West High also.
Norton/I do think that both of the comments that we have had tonight bear on the issue
of overall density in both the rest of Galway Hills as well as in the proposed
Walden Hills. That is the overall numbers there. The overall density has a beating
on the traffic even so the part that is generated in there might not be so great. I
think that is going to be an issue, at least I am thinking about it.
Vanderhoeff As I talked last night, the people that I am more concerned about using it
beyond these two neighbors is everything that is west of 218 right now that uses
Rohret Road as their collector, as their arterial, excuse me. That is growing out
there and the more people that grow there until we get that west side arterial that
connects up someplace to Melrose much further west, we are going to have a lot
more people.
Norton/You don't want to move Slothhower up to take that connection from Rohret up
to Melrose out west, sooner rather than later. And this one isn't going to go in
tomorrow all the way to Melrose.
Vanderhoe0' However, if destination is the high school, I don't think Slothhower is going
to do anything for it.
Nov/Well, if you lived west of Slothhower, it might be.
Vanderhoet7 It might but that is a ways. We have got a lot of development prior to that
time.
Lehman/Karin, a couple of questions. Would there- What sort of parking would be
allowed on the street?
Franklin/On the collector? Oh, I am not sure we would allow parking at all. Maybe one
side.
Lehman/Well, the only reason I ask-
Nov/Maybe one side and maybe after 5:00 only. That is what some of them have.
Franklin/We may allow it on one side, particularly is we are going to be doing the traffic
calming which is something that was built into the design for Walden Hills and that
traffic calming for Mary's benefit, we would continue that on up as this was built
to the north and that is basically necking it down at the intersections so that it is a
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visual and actual impediment to people traveling fast. It is to calm the traffic, to
lower the speed, not to affect the count.
Lehman/And Shannon Drive would be how wide?
Franklin/30, 31, is that where we are at?
Norton/Not 25.
Council/(All talking).
Lehman/This is probably totally inappropriate but I have lived on Wylde Green Road for
over 30 years and when we built our house there, Sunset was not built yet. All of
the traffic that uses Sunset, used Wylde Green Road. We had city buses, we had
cement trucks, we had even/thing. We had parking on both sides of the street.
Folks who lived south of town used Wylde Green to go the hospital. I mean the
traffic was unbelievable. We didn't really have any problems and that is a 25 foot
street by the way. But there was parking on both sides which really really slowed
folks down and I mean, we didn't realize. We didn't realize what a problem we
had until Sunset opened up and then all of a sudden Wylde Green became a very
quiet street. But I was just saying that there are ways- And obviously, Wylde
Green for a number of years served-it really served, you probably wouldn't agree
with this. But it really did serve as an arterial. But it did so in a fashion that really
did kind of work because we parked cars on both sides of the street and we had
mothers running out and screaming at drivers, telling them to slow down and they
did.
Thornberoy/30 years ago you could get away with that, Ernie.
Lehman/Hey, you don't know my wife. Actually my grandchildren's grandmother, you
know her.
Thomberry/My goodness, she has mellowed a lot.
Lehman/No, no.
Nov/Okay, before we close the p.h., is there any further discussion on this topic7
Karr/Could we have a motion to accept correspondence?
Nov/Moved by Kubby, seconded by Norton that we accept correspondence on this topic.
All in favor, please say aye- (ayes). Thank you. Motion carried.
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GeoffMcLennan/I live in Walden Woods and the issue of development in that area is
really one which extends back several years now with residents who have bought
into the neighborhood, seeing at least three developments planned and gone ahead
which has changed the character of the area quite significantly. The concerns that I
would like to express in which I have written to the council about relate really to
the sense of community in an area of Walden Woods where there is a lot of young
families with a lot of young children. All of those people have hopes and dreams
like tile rest of the community, too. And part of their hope and dream is that their
community will remain a viahie and healthy community for their families. It is well
known now that in sociology terms that has a waterfall affect that as a certain
number of things develop, there is no particular change in a community. But as the
numbers reach from say the number of 7 to 7.2 for instance, there is a sudden
ch.ange in the sense of the community in terms of things like quality, in terms of
things like local crime and in terms of things like contentment. That is well known
and well studied now in cities such as New York. The Mormon Trek Village has
been debated here and was debated for several months and the community
expressed concern about that. But indeed, it is going ahead and the affects of that
is still not yet felt on this area of town. It may be that the affects will be wonderful
and everyone will feel very good about that and that is to be hoped. But it is also
possible that the number of people that that will bring to the community will create
a, in part, a waterfall affect. The addition now, again, a fairly high density area
adjacent to that same community is a cause for some concern because nobody here
has a certainty that this will be healthy for the community in another 5-6 years. It is
possible that it will be okay. But it is possible that it will create problems because
of the impact of an increasing number of people on the community locally. The city
has encouraged diversity and part of the argument for when the Mormon Trek
Village went ahead was that the diversity in the area was RS-8, RS-12, a lot of
high density development and there was an area of RS-5, that sort of continued on
from Walden Woods and over to creek and into the Galway Hills area. Now that
RS-5 area is going to be changed and again, a higher density area created and the
diversity which people strive for is lost and essentially I can stand in my house and
everywhere I look is high density living and that is to the east or west, north and
south. It is in every direction. And that might seem okay but it does, I think, have
an impact on the community and on the social wellness of any community that
might he in the area. You might, as I have written to you, he interested that a
number of residents in Walden Woods are moving out of Walden Woods and in
partirular, those areas that have got the Mormon Trek Village, houses there have
turned over a fair bit in the last couple of years and continue to do so. The Walden
Woods area is 54 s.f. dwellings. That is not a wealthy area. It is a good community
though and people enjoy living there. And our concerns or my concerns relate with
that being challenged in all directions, having a higher density community. We have
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in one area adjacent Walden Woods. When that was approved for development
and it was indicated this would be for s.f. dwellings and indeed, as the walls went
up, so did the for rental signs. Again, that is not a problem but I can be a problem
ifthat is all that is in a community are people who are renting. I think diversity is to
be encouraged and here we are planning to get rid of that diversity in this
community area. I guess the other thing that bothers me is that in hearing about
traffic and roads and where people will go. People will try very hard to find the
solutions but I don't think we know what the solutions are yet. Maybe it is better
to rethink about where certain roads do go and think about the impact of the high
school and what might happen in Galway Hills, because any decisions made now,
will have a large impact on what happens for a lot of years yet. In dealing with that
too, it concerns me that within this development is an elderly citizen's home, and
we have one at one end of Walden Road which my children keep wanting me to
move to. But, you know, we had a laugh in that. But having one at the other end is
fine, and I've got no problem with that. But those folks get a lot of visitors,
particularly on certain days of the year and of course, that adds to the traffic in the
neighborhood. We are not told what that elderly citizens home will be and we hear
that it is in the planning stage. There is nothing firm about it and I wonder if that
situation doesn't come to arise, what will occur in that parcel of !and that is being
put aside for that elderly citizens group. What will occur there if the current
negotiations that are with some interstate other developer don't come to fruition.
What will it become? And I am unclear about that and I think, again, some of the
planning hasn't necessarily come to where an informed judgment can be made. So
anyway, there are my concerns. Thank you for listening. Thanks.
Nov/Thank you.
Vanderhoei7 Thank you, Geoff.
Thornberry/Some of your concerns are relatively easy to explain. The elderly housing area
that is not in the plan at this particular time, would necessarily need to be brought
through P/Z, to the council, for any development on that area. So if it is anything
but elderly housing, they and we can say no.
Nov/And there will be another p.h. because it is another rezoning.
McLennan/Right but there is a steady shift of where we are going here because as the RS-
5 areas have been changed, now we are told in the city's report that the new
change is in keeping with the area and consistent with the area. Whereas when the
RS-5 was in the area was changed previously, it was because to promote diversity.
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So there is a steady shift towards increasing density as possible in a years time. If
there is not elderly citizens home going in, that in keeping with the area, let's do
something else. Then what might that be? Because there is a shill. That shift
bothers people because people who have lived there, bought into the district,
usually young people with young families, both work. You know, two people
working, striving hard. There has been a shit~ and that shift is bothering people
because it is not a community as much as a community as it was. It is changing.
Now that might be acceptable but at some-
Thornben3,/I understand. I didn't mean to start the whole thing again.
McLennan/I didn't mean to start the whole thing either. You know, it is hard to explain.
These things are imponderably. These are not able to be put in numbers. There are
just sensations and feelings and views that people have. But for two neighborhood
associations to unanimously tell you this is a little over the top, you know, one has
to have firm reason to say well, they are wrong.
Kubby/Some ofthat shift may need to be a shift that we make as a community. That in
other countries, people live a lot more densely than we do and there is a certain
quality of life that comes from that. That maybe a different kind of quality of life
than what we are use to here in the midwest and it may be that we want that shit~
to happen. But may be we want it to happen in all sorts of areas of town and not
just in a few.
McLennan/In Manhattan, of course, if that is the other country you mean- They do live
much more densely. That is right. But they do so because they need to, they have
to. It is required. There is no where else to live.
Thomberry/I would rather see a whole area zoned this way than to take one or two lots
and make them apartments in the middle ofs.f. dwellings of an area that has
already been zoned s.f. Do you see what I mean? If you are going to have a diverse
population in an area, diverse styles of housing, I would like to see it done before
anything is built as opposed to waiting for it to all be built except maybe four or
five different lots and then put up multi-housing units.
McLennan/That is correct. Then, in fact, that is what we look at the map when you buy a
house and say this is RS-5. It is already zoned and that was 5. And so we would
certainly agree with that sentiment. That planning and looking ahead is a good way
ofdoing it. But in fact here-
Thomberry/There aren't any houses built in that area yet.
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Nov/No, them are-
McLennan/There are no other houses built but it has-
Thomberry/Around that property.
McLennan/Well, the highway is on one side, Rohret Road is on another and then Walden
Woods is on the other and there is a river, creek, there.
Thomben3ff Thank you.
Nov/Thanks.
Sharon McDonald/I just wanted to plant to Ernie that we are going from the other way.
As opposed to going from Wylde Green and all your horrible congestions, moms
screaming and everything and then, once it opens, you realize ahhh, oh, this is nice.
Well, we have got oh, this is nice and it is going to change to screaming people
and yelling. So we are going from the exact opposite perspective of we have a
quiet neighborhood that we like. We would like to keep it that way.
Lehman/Except you won't be going on 25 foot streets.
McDonald/That is true, that is true. But we will still be screaming.
Thomberry/Don't say what Deann would say. It was 30 years ago.
McLennan/Iowa City is unique in the U.S. There is no question about it. It is unique
because it has good diversity, great people really in here and that is what we would
like to continue to maintain and as I go around this particular district, it is starting
to look like many other places anywhere. It has got the similar, you know, let's
build something because we should rather than oh, let's build it because we can
rather than this is best for the community. I remembered our first time we went to
P/Z, I think it was the previous chairman there. he said first question I ask is what
is the best use of the land and my view here clearly is the best use of this land in
promoting diversity and community is to maintain it as RS-5 and I have seen no
compelling argument as to why it should be changed at all. Why change? And if
someone can provide a compelling argument for that, then I will be very happy to
listen.
Thomberry/Why don't you have a seat and we will ask that question to the developer?
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McLennan/Absolutely. Well, it will be fine and, you know, as you know, the developers
provide a great service in a town-like this. They do very good job, which is so, and
they have a great sense, in many cases, and I don't know about individuals here.
But a great sense of community and they add to the community in a great manner
and that is clear about many of the developers. So I have got no problem with that.
But I think this particular thing has to be done as right as can be done. Other wise,
it might be disastrous. That is all I am saying.
Nov/Thank you.
Thomberry/Mr. Developer?
Mace Braverman/Iowa City. One of the things we take into consideration when
developing a piece of ground is topography and if you notice that on this
topography the green space that you are getting in this kind of zoning is greater
than in Walden now, with much more open space and much more green space and
we are trying not so much in a strict sense of grouping the homes as by using the
density in the various ways in order to preserve the topography and the green
space as we can. The other problem is that a lot of this ground is along the
interstate which will be the interstate. Problems there is that more and more people
do not want to live along the interstate because of the noise. One of the things we
are trying to do is use the collector as a buffer more and more for the actual
housing. All single unit, there are no apartments involved in this subdivision. In
order to help buffer even more, I am moving s.f. further and further away. I think
we designed and taken into consideration- It was our concern, for instance, that
Coil should not be the collector street. We thought that originally when we
brought in the original Walden and were overruled. We do not believe a collector
street should go through residential but should be used in some way as a buffer
between residential and other uses. We got the Planning Department to see our
ways and that is why the collector is now- Coil will just be now as a local street.
The gentleman asked about RS-8. He is living in an RS-8 area. When we originally
came in for Walden to begin with, that was rezoned to an RS-8 because the
housing that we planned there originally and are now planning to be an added for
the next 2 or 3 depths further west are on lots that could not at that time be built
or s.f. houses that could not be built in a conventional RS-5. I am pleased that he
likes that neighborhood. It makes me feel good because we created it that way. We
want to continue it that way but we also know that there are needs for other types
ofhousingo the realities of the cost of building in close to the 21st century. I wish
we could all live in 4,000 square foot houses, green picket fence and can pay
:$400,000 or $500,000. It ain't the case. And he said that there were a lot of
housing being sold. The average stay in a house in Iowa City is no more than five
years regardless of where you build or what you build. So that there is turnover in
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this area but it is no different than any other area and I guarantee you the prices
going for those houses are higher than what they were when they were built and
sold originally listed 2-3 years ago. I will answer any other-
Lehman/Mace, just a couple of questions. Out of this 40.7 acres, how much of that are
we giving to the city for park land?
Braverman/What is it, about 10 acres?
Norton/Which can't be built on on any case though.
Braverman/If you grade it.
Norton/Aren't we crowding the grading already on Lot 52?
Braverman/No, we are not. We have to-
Norton/Some people up there that are going to have to be pretty delicately handled.
Braverman/No, no we are not.
Lehman/Well, no, no, I guess what I am saying is to develop this parcel in an economical
fashion where you can afford to sell lots that people can afford to buy, he is going
to have to have more than an RS-5 if you are going to give 8 acres to the city. And
I understand that 8 acres could be very very beautifid. It could be a really a
tremendous thing for the, you know, for the neighborhood. It could be and I am
sure it probably will be.
Braverman/And we are projecting that part of the park system go through this and
connect up with the park system or not the park system road but the trail system.
Lehman/But necessarily, if you give away. I should say give away because I don't like
that. You are going to- The city will acquire $ acres that you can't build on
anyway but the rest ofyour property has to have a higher density in order for you
to be able to afford to develop it in a fashion with where prices are such-
Braverman/What we are talking about is housing that may be acceptable as far as
affordability. I don't know what the hell affordability is.
Nov/Can you give us a range?
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Braverman/We are hoping to be able to start in the $90s- and go up, depending upon-
There again, it is the kind of housing that you have.
Nov/Well, some ofthese houses are really pretty nice looking houses and 1500 or so
square feet. So how high are you going to go?
Braverman/How high?
Nov/Yeah.
Braverman/The housing that is going to be next that is abutting Walden as it now is, the
next 2 or 3- How deep? Three deep lots. Is going to be the same kind of housing
because we realize there should be a transition from what people are living there
now until the other kinds of housing
Lehman/In other words, you wouldn't want my house out there? I mean it is only 1300
square feet and it is 30 years old.
Nov/Some of these houses are 1300 square feet. I am just asking what his upper range
would be.
Braverotan/I have no idea what the upper is. It depends whether they are going to be a
walk out, whether they are going to be a two story or if they are going to be single
story. What do you want to build?
Nov/I don't know. I am just asking for a vague estimate.
Braverman/Okay, you can have 1200 square feet of finished there with a walk out but I
think there are mostly going to be 1100 to 1200 square feet.
Thomberry/Are there any apartment buildings scheduled for this?
Braverman/Absolutely none.
Thomberry/Could you tell me what the differences is between an apartment building and
a four-plex building?
Braverman/These four-plexes are going to have separate entrances and are going to be
sold as instead of an attached, a two house attached which is like a duplex, these
are going to be like a quad-plex. Is that- With two common walls instead of one.
Thomberry/Like two duplexes pushed together. And there are no apartments?
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Braverman/There are no apartments. Now wait a minute.
Nov/Are you going to sell the four-plex and six-plex as a zero lot line?
Braverman/YeaIx, we are going to sell them like a zero lot. I can't answer that because on
the retirement, that will not be-
Thomberry/I mean the development that is in front of us today.
Braverman/The development as there is as it stands.
Thomberry/I just wondered for the record that there are no apartments.
Braverman/Originally we didn't want to put Coil Street through and we didn't want to
put the other street through. But because of the needs of fire protection and all, it
was thought that there should be at least one secondary access to this. We
acquiesced. We wouldn't mind if we can get the legal, not the legal, the city to go
ahead that those would be the last two streets to go through until we finish this but
wouldn't have to escrow any excessive amounts. We could live with that and
would love to live with that to keep the traffic within this new area.
Thomberry/My last question, Mace. I have had someone in a neighboring area, Galway
Hills, ask if I would ask you- Is the first thing to go through there when you are
developing it, the street?
Braverman/YeaIt, you always have to put the street in. Well no, you have to grade first.
Then you usually put in the storm water and the storm sewers and the sanitary
sewers, then the streets are brought to grade an compacted. Then after that is done
the gas, water, cable.
Thomberry/Then the paving goes right over that.
Braverman/The paving is the- follows right after most of the grading.
Thomberry/The question that was brought to me was living in Galway Hills, when the
streets were completed, they started building all the houses and bringing all the
cement trucks and all the different grading pieces of equipment, it wrecked the
street and they had to redo the street shortly after it was completed.
Braverman/That shouldn't be the case because if it is built according to the standard you
have in the city and the compaction is correct, which has to be approved by the
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city, this should not have happened. fithere is any break up, that is one of the
reasons the city allows one improvement not to be put in but passed on to the
individual homeowner and that is the sidewalks because sidewalks are built to a
different standard and if you would drive a concrete truck over it, it would break it
up.
Norton/Mace, if you look at the overall area, let's consider Galway built out and Mormon
Trek Village and now the present Walden Woods and the proposed Walden Hills,
doesn't it feel a little pinched to you?
Braverman/Not to me.
Norton/Let me ask another question.
Braverotan/Wait a minute, when you were going to school here, you were here before
you brought your house. Did you live in any of the d.t. Iowa City houses? Those
are built on 40 foot lots.
Norton/No.
Braverman/These are bigger than what most- Cities were laid our originally 40 foot lots,
okay. Now they were a little deeper. They might be 40 by 150. But every lot in
Iowa City was !aid out in the original Iowa City as 40 foot width.
Lehman/How big are these lots?
Braverman/The lots for the ones like Walden are minimum of 50 feet at the building line,
okay.
Norton/Those are the ones adjacent to Walden?
Braverman/Yeah.
Norton/Let me ask another one. If you have an area of 40 acres, and only 28 of it are
useable. Suppose it went to RS-8, I multiply 8 times 28 and get 224. We are
talking 250.
Braverman/Yeah, but you are talking about how much of that is in the acreage that has
been set aside for retirement that you do get another chance at? 120 units, isn't it?
Norton/Yeah, but you are talking 250 on a total area. I think the total area was 40 acres.
What I am trying to say is if you take out an area that is unbuildable, let's say the
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creek. Are we always going to count the on density on the other acreage? I mean
we have to always go up.9
Braverman/Why not.9
Norton/Why? In other words, it still creates more density. I mean it still creates a heavier
load on the terrain.
Braverman/Okay but one of the things that is being talked around now by this city and
other is cluster housing. Cluster housing means that you can put the same density
but you want it clustered so you have more green space. In essence, this is a
different way of clusterin8 housing and giving you green space. Okay. Now, you
know, just tell- All the city has to do is tell us what you want. If you want us to try
to keep down housing, you want us to have green space. Do you want all these
roads through? Do you want connecting?
Norton/We are trying to preserve some of the character that the gentleman was trying to
describe and I want to be sure we do that.
Braverman/Okay, one of the things you are doing right now is trying to preserve a
historic district in areas that do have 40 foot lots. Now I don't know that a
character of an area is based upon everything having a white picket fence and 75 to
100 foot lots. That doesn't make the character of a neighborhood.
Lehman/Dee, I think in all fairness, in the three years I have been on council, we had a fair
amount of concern. We talked about concentration of housing in certain areas of
the city and not having concentration of housing in other areas of the city. We
didn't have diversified housing or whatever. I think this is doing exactly what we
said we would like to see done.
Norton/I am only arguing we have done it on Mormon Trek Village and we are doing it
to some extent on the back part of Galway and here we go again. So that the
neighborhood, overall, is saying we are getting a little more-
CHANGE TAPE TO REEL 97-15 SIDE I
Nov/That are coming out with 6 units per acre based on 40 acres and 250 units.
Norton/RS-5 times 40 is 200. That is a round number.
Nov/But this is still not RS-$.
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Norton/No but I mean RS-5 times 40, right? That is the way it was. You knew that when
you bought it, I take it. That it was 5.
Braverman/No, no. We got it on contingency based on getting-
Thornberry/Dee, I got one comment based on your comment and that is when you take a
piece of land or you take a piece of property this big that they are talking about
and you talk about what part ofthat is unbuildable. Very little of that would be
unbuildable with a big grader, with dump trucks- Now wait a minute. Dumps
trucks with all the equipment that they have got, very little of that is ungradable if
you wanted to build, to maximize the number of houses on a piece of land,
whether it be 50 acres or whatever. It could be zero, would be unbuildable with
enough road equipment. But with our ordinances requiring green space, etc., etc.,
etc., and set asides and everything, I think it is-
Norton/I appreciate that.
Thomberry/Do you see what I mean?
Norton/I do, I appreciate it. It is a tough decision. I am trying to balance those concerns
and they are real.
Thomberry/They didn't use to have green space and I grew up here and they built on
everything that they could put a house on without regard to any green space.
Green space is good. It looks nicer.
Kubby/But this amount of green space is not required by our ordinance. This is- I mean
you can say that as a pro or a con. This is much more than is required by our
ordinances.
Thornberry/That is correct.
Vanderhoet7 It is a combination now. It is a combination ofunbuildable because of
ordinances and combination with buildable land that is suitable !and for trails and
for neighborhood parks.
Kubby/I mean the cynical view is that we will be in charge of maintaining unbuildable land
that would in another time been part of a-
Bill Happel/Of Iowa City and also one of the developers of Walden Wood and when we
came in for platting of Walden Wood I am really happy to hear the neighbors are
really happy with the development because we are very proud of it. But they
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should have been here that time and listened to the neighbors and the problems we
had getting those little narrow lots platted and zoned. At that time there was a lot
of folks against the narrow lot concept. We thought it was good for the city. We
thought it was good for the people and we designed that particular project to
replace the attached zero lot line. We felt people would rather live in an unattached
s.f. home than being attached or married to their neighbor as you say. And it
proved right. It is a very successful development and I am very proud of it. I just
want to say that that also really was, as we said earlier, that is an 8 zoning there.
All land brought into the city when it is annexed is brought in at RS-5
automatically. Then you have a Comp Plan that tells you what the future use of
that land should be. If you take the 40 acres we have and take out the 7 acres that
we are hoping for the retirement affordable housing, elderly affordable housing,
that leaves 33 acres. That is less than 4 density per acre. If you take out that 120,
that leaves you 129 units on 33 acres. Density should not be a problem there. We
are not giving a lot of density for this ground. Also the street pattern, I think we
have done everything possible to try to eliminate people going through Walden
Wood in the future. When we did Cameron Subdivision along Mormon Trek and
Benton Street, one of the big concerns of the people on the existing neighborhood
was that people would come down south on Mormon Trek, see the stop light, turn
through Cameron Subdivision to get around that stop light, come down Spencer
Drive. This has not happened because as they turn let~ into Cameron, they have to
turn back to the north and then right again to get to Spencer and it is out of their
way. Most of these streets will be out of the way, especially for people coming
from the north. It would be out of their way really to cut through Walden Woods.
Now I have talked to quite a few of the neighbors there in Walden Wood and they
are very happy about this new development. Why? Because they want to cut
through that neighborhood. They want to get to Melrose and the interstate and
they will cut through that neighborhood and that is what it is designed for. Now
sure, some people will be cutting through Walden Woods but those streets dead
end right into this particular development and they were put there for a reason, so
they could hook up to future development. I really appreciate the neighbors
comments and I understand their concerns, but I really think that they- we are not
doing anything to the west of them to anyway hurt their property and their value
and I don't think we are over- having too much density in this particular area. So if
you review your figures, on the 33 acres we are below 4 per acre. Yes, we have set
aside 120. I am not sure it is going to be that many. But I do know just like when
we did Willow Brook Condos, people at Cameron Subdivision and Spencer Drive
were concerned about the high density there. Well, I can tell you in elderly housing
or condos, you don't have the traffic that you have in a family neighborhood. You
don't have all the trips to the school, the stores. I live at Willow Brook Condos
and I probably come and go about twice a day and I know a lot of my neighbors
do. If there are any other questions, I will be glad to answer.
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Norton/Thank you, Bill.
Nov/Any other discussion from council?
Kubby/I guess I just want to clarify something that Bill said. That when any land is zoned
or annexed, it is automatically zoned RS-$ and that may be how it was but it
doesn't happen now. We zone it something even if it is interim development which
means it is not imminently going to be zoned. It is going to be zoned in the future
but there is a density that is attached to that as well. It didn't have anything to do
with the rest of what you said but just so people understand how we do that.
Nov/But the Comp Plan will give a vague density than as specific as RS-5. It will be 2 to
8 or-
Norton/Can I ask one more question. It seems to me to be wise to kind of explore this.
This is a good example. What would happen if you don't come up with senior on
that Lot 53? Your conceptions are not yet- Your conceptions aren't firm yet.
Bill Happeri (Can't hear).
Kubby/No matter what happens, whether it is what the developer is projecting to have
happen with senior housing or something else, it has to come back to P/Z staff and
the public process.
Lehman/Mace, you can nod but you can't talk unless you are in front of the microphone.
Kubby/I would never assume to speak for you Mace.
Braverman/(Can't hear).
Nov/Okay. Before we close the p.h., is there any other comment? Sharon.
Sharon McDonald/I just have a couple of comments. on the map that you have showing
Shannon, please note that a lot of developments have not been drawn in. So it
doesn't look terrifically dense. But I think Dee's point is really well taken. The
neighbors over there feel like the density is way too much. I don't want to be rude
or assume there is any kind of thing going on against the westside or anything. But
when zoning issues come up about, you know, eastside things they sort of
routinely get turned down it seems like. And when they come up about the
westside, they kind of routinely go through. It doesn't make- I know and I
shouldn't probably say that. But it doesn't make me feel a lot better to know it has
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to go through P/Z and it has to go through council when every time we come to
P/Z and every time we come to council they say too bad, high density housing is
what we want. So it feels like we are behind the eight ball. We don't seem to really
get heard. Maybe not heard but you don't do what we want. I am sure you are
hearing us. So I think the people are just getting kind of frustrated and just going
around literally counting the number of units. There are a lot. So draw in these
number of units that have not been drawn in and take a couple of minutes. I
appreciate what Mr. Happel said and you know, in a perfect world I hope he is
right. And if you decide to go ahead and fezone this, I hope what he says is going
to happen, happens and I do have a certain amount of confidence in him because
he did a lovely job on our neighborhood. But I am just nervous about this and I do
want you to take just real serious consideration before you-
Thomben3,/But Sharon, we are not zoning it any denser than where you live.
McDonald/Right, I understand that except there is going to be a bunch of tri-plexes and
there is going to be a bunch of attached whatevers and my guess is there is going
to be at least three sets oftri-plex unit things. Four-plexes and there is a ! 5-plex
something or other. That I think is probably going to end up being rental housing
and you know-
Thornberry/It will be awfully expensive.
McDonald/Pardon me. Well, I don't know, people are- One ofmy neighbors made a
point to you in a letter that, you know, yes, they could afford to buy 1100 square
feet here but they decided not to, to go to North Liberty to buy a little but more
for the same price.
Thomberry/You can go to Missouri and buy something even cheaper.
McDonald/That is true.
Lehman/Sharon, just one comment. I appreciate how polite and you folks have been very
polite and very courteous to council and that has not always been the case. I, for
one, really do appreciate that.
McDonald/And vice-versus.
Nov/We know that the neighbors have really counted on this kind of thing. They have
really sat there and planned and we do understand.
McDonald/Thank you. I do feel like you have been hearing.
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Nov/Okay, is there any further discussion from council. We do have a signed zoning
agreement. We can close the p.h. unless council has any other changes.
Vanderhoeff I just have one question. It was in one of the letters and this is for Legal.
They were asking about the supermajority and how that works in conjunction with
the fact that we have a high school and so forth property around that they have a
good number of signatures.
Holecek/It would be any property owners within 200 feet of that property that is being
rezoned. So you take the outer parameters of the entire tract that is being rezoned,
the 40 plus acres. That would also include your school district if they were to
protest the rezoning.
Vanderhoeff So how many do we count that would be in that area?
Lehman/I think the memo that we go said that if the school district does not object, there
is no way they can get 200A because the school district owns too much property.
Vanderhoeff What is the weighting?
Holecek/There is no specific weighting. You need 20% of all of those property owners
within 200 foot boundary. So if you have a neighboring property owner that owns
81% of the property within 200 feet, you would need that property owner to lodge
an objection to get to the supermajority.
Vanderhoet7 That is what I wanted you to explain to the public.
Lehman/It is 20°,4, that is right.
Kubby/20°,4, that represents the amount of !and around, not 20°,4 of the number of
landowners. So signatures representing 20°,4 of the !and within 200 feet of the
boundaries.
VanderhoeO' And that is what is difficult for these people to understand and I wanted it-
Holecek/The rationale for that is that it would be upon those persons who own that land
surrounding that the impact of the development would be felt.
Kubby/And the neighbors understand that distinction and they're are saying it makes it a
high level of standards when a public institution owns the !and.
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McDonald/In the State of Iowa, you know, we are the only humans being affected-
Nov/Okay, you are talking about the highway when you are talking about the State of
Iowa. Okay.
Vanderhoeff This is a unique situation really for this neighborhood and it is something to
look at and think about.
Nov/Sarah, is that a local law or a state law?
Holecek/That is state law. But we have also adopted it in our ordinances as well.
Nov/I just wondered how that came about and I thought it was the state rather than local.
Because if it were local, I think some of us might decide to change it.
Kubby/The other thing some ofus talked about at an informal meeting, I think at both of
the informals we have had about this, is wanting to continue the p.h. to maybe talk
a little bit more about density. To not talk about changing the clustering or the
type of housing but to talk about density issues and there were not four people to
talk about changing density. That was Dee Norton and myself. I guess I should
name who those people are.
Lehman/Are we closing the hearing?
Nov/I am listening to council discussion. Is there anyone else who wants to talk about
density before we close the p.h.? All right, I don't hear anyone else. P.h. is closed.
The vote on this will not be today. I assume everybody understands that is two
weeks from now.
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ITEM NO. 6e Consider an ordinance amending Title 14, Chapter 6, entitled "Zoning," by
changing the regulations pertaining to childcare facilities. (Second consideration)
Nov/Larry Baker wanted to move this to the end of the agenda because he was going to
be an hour late. He is already two hours !ate. Is he coming? Has anybody heard?
Kubby/I don't know. Had you decided if you would support collapsing so there might be
six of us?
Nov/I would be more comfortable if we gave this third consideration next week. We are
going to meet again next Monday, aren't we.
Karr/A special council meeting, Madam Mayor?
Nov/Budget session. Aren't we going to meet in a budget session?
Karr/Right, so you are talking about a special formal for this?
Nov/Yeah, I just would like to get a little bit more information here.
Thomberry/We already had a special meeting for this one item.
Lehman/We are going to have lots of them.
Nov/We can do that along with the budget session which would give it just one more
week.
Norton/Is there an issue here that I am missing?
Kubby/Yeah, what is it that you are thinking about?
Nov/I
am hearing from childcare professionals who are concerned about very similar
issues that Sandy Kuhlman mentioned. They are saying that we are no longer
requiting a special exception in residential zones. Yes, we are aware that a lot of
the home childcare providers aren't even aware that they need a special exception.
They have been doing it as a home business without a special exception. And we
are just concerned that they are going to be encouraged to do more of this. That is
what they are saying. They are also saying that our ordinance has a premise of a lot
more childcare being needed and the person that spoke to me said that she had
done a count of how many vacancies there were in licensed care facilities. She
didn't count all the home care facilities. But she said there were plenty of openings
and I said people are really not going to be able to afford it. She said no, we all
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have sliding scales. This is not a big problem. So I am still thinking and if the
council would go along with it, we could do this next week.
Thornben~/Naomi, I am saying to restrict business I don't think is right and I think that
the argument for this ordinance is overwhelming and just because someone doesn't
think that some of the childcare facilities are at 70, 80, or 90% capacity, if
someone were to want to go in that business and charge less than someone else,
then they should be given that opportunity.
Nov/I
don't disagree with you. I am just saying I am hearing from a professional who said
I wasn't consulted. Nobody asked me for any concrete professional information.
They are assuming things that I am not sure ought to be assuming and I said okay,
I will listen and that is all I am doing.
Kubby/So you are basically saying you just want more time to think about whether you
support it for consideration.
Lehman/Yeah,' I think the question really-
Kubby/I guess I want to hear Naomi's answer before-
Nov/Well, I will probably support third consideration. I am not saying I am going to vote
against it. I am saying we may be able to amend it to address some concerns and I
am not yet sure that I totally agree with the concerns that have been presented to
me.
Kubby/So you just want more time to think on it?
Nov/Yeah, I just want the chance to amend it if we need to.
Norton/Naomi, I want to- I would kind of like to hold off on the third reading of next
week also but for rather different reasons. Parts of this ordinance that has to do
with opening up the zoning, the option for childcare centers, formal centers as
distinct from home care. To put centers in different places with special exceptions
in some cases, accessory uses in others, provisional uses in others. It seemed to me
that is desirable and needed. The part that bothered me about this is the total
deregulation, if you wish, from the city's point of view with respect to the home
care. I don't know. We are not doing it now and we probably can't do it. But I
find that pretty hard to think-
Kubby/We are not changing-
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Council/(All talking).
Kubby/So you can do it in different places.
Norton/We are not doing anything about home care except consolidating two different
sub-types of home care that are distinguished by DHS and one of those has to be
registered by the state. Why don't we require the other one to be registered with
the state and so we get some evidence that home care is decent.
Nov/That is state law. They don't register people who are taking care of fewer children.
Norton/But they do register some of those. They register those who have less than 11
kids and some of them are regular and some of them are pre-school. They do
require registration. We could be more restrictive. We could require registration of
all home care facilities.
Lehman/We are so restrictive on so many things already. Why do we want more-
Kubby/The point is children are really important.
Lehman/Hey, nothing is more important than my grandchildren.
Norton/We regulate rental housing. Why don't we regulate childcare facilities?
Lehman/Why don't we regulate jewelry stores, luggage stores, department stores,
everything.
Kubby/By registering a childcare center, you are not talking anything about the quality
unless you do inspection and enforcement and education and who is going to do
that? The Health Department? They don't have people. The city? Are we going to
have a whole new department? The state is talking about not having as strict
regulation for licensed facilities that they currently have. So where is it going to
come ~om?
Norton/I am saying that I like the parts of it that open up centers in the different areas
including within enterprises like a company or with educational settings and so
forth. All of that is fine. I think I want to take another look and what I am trying to
do during the week and I have been talking to some people, too. To see if there is
anything we should or could do regarding the home care thing to offer more
protection. Maybe we can't do it.
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Nov/This is what I am thinking also. We may not be able to change this. We know there
are people who establish home businesses without ever asking for a permit,
including home childcare. So, they may continue to do this and we may have not
way to regulate but I think if we postpone the third reading until next week, we
can have a little more time to think.
Kubby/SaraIt, do you need a permit for a home based business?
Holecek/I don't believe so, no.
Kubby/There is no licensing of businesses.
Norton/No, and I think Dee is correct that with some levels of home care, they do have to
be registered with the state.
Norton/Certain types of home care they do have to be registered with the state. I don't
know exactly what that means. I want to find out and think of how onerous it
would be to have a similar one.
Kubby/It is clear we are not going to collapse.
Nov/Moved by Lehman, seconded by Kubby, that we give this ordinance second
consideration. Is there any discussion again?
Kubby/Are you two who want to explore these issues a little more comfortable with
having a special meeting on Monday. Is Monday enough time7
Nov/Monday is the budget session. I plan to be able to make a decision.
Kubby/I do want us to move forward.
Norton/We have some obligations, yes.
Nov/I understand that people are waiting but I think if we had done this in the normal
course of events, we would have had the first reading tonight.
Kubby/I understand.
Nov/So I think we are moving along. Any other discussion? Roll call- (yes). Second
consideration is passed on a 6-0 vote (Baker absent).
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Karr/Madam Mayor, just for the record. 7:00 starting time on this special formal for one
time only?
Nov/Yes. Do we then not have to sign for it?
Karr/That is correct. Thank you. Even if we were to add another item, we would still
have announced a special formal meeting, 7:00 PM, next Monday.
Novick/Thank you.
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January 28, 1997 City of Iowa City Palte 7
~7- 37 3~
fo
Consider an ordinance vacating the north 12.5 feet of the F Street
right-of-way for a distance of 75 feet immediately west of First
Avenue. (VAC96-0002) (Second consideration)
go
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 a motion to authorize the Mayor to
Johnson County Board of Supervisors recommending approval of a
request to rezone approximately three acres located within Fringe
Area A at 4819 Rapid Creek Road NE from County A1, Rural, to
County RS-3, Suburban Residential.
ITEM NO. 7.
Comment: At its January 16 meeting, by a vote of 7-0, the Planning
and Zoning Commission recommended approval of the requested
County rezoning. Staff recommended approval in a memorandum
dated January 16.
PUBLIC HEARING ON AN ORDINANCE AMENDING TITLE 14, CHAPTER
5, ARTICLE B, ENTITLED 'PLUMBING CODE' TO EXPAND THE TYPES
OF MATERIALS ALLOWED FOR THE INSTALLATION OF POTABLE
WATER LINES AND BUILDING DRAINAGE LINES.
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. Memo
in packet.
#6f page 1
ITEM NO. 6fConsider an ordinance vacating the north 12.5 feet of the F Street
fight-of-way for a distance of 75 feet immediately west of First Avenue. (VAC96-0002)
(Second consideration)
Nov/Moved by Lehman, seconded by Kubby. Is there anyone interested in collapsing this
kind ofthing?
Karr/We already have a motion on the floor.
Nov/I know.
Kubby/I will remove my second.
Lehman/I will remove my motion.
Nov/All right, we removed the last motion, Withdraw, okay.
Moved by Thomberry, seconded by Lehman that we waive second consideration
of this ordinance. Any discussion? Roll call- (yes).
Moved by Thornberry, seconded by Lehman for final adoption. Further discussion?
Kubby/So that you know, the business is in this location, patients are coming in already
and this area is being used productively.
Nov/Roll call- (yes). Ordinance has been adopted.
[Baker arrived at 9:15 PM]
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,January 28, 1997 City of Iowa City Palle 8
ITEM NO. 8.
PUBLIC HEARING ON A RESOLUTION AUTHORIZING THE ADOPTION
AND SUBMISSION OF A COMMUNITY BUILDER PLAN FOR 1997-2002.
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.
ITEM NO. 9.
PUBLIC HEARING ON A RESOLUTION 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,,
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 $3000.00,
which takes into consideration the fact that the City will reserve and
retain a blanket utility easement along the entire portion of the subject
property for the installation, maintenance and operation of public utilities.
This Resolution authorizes conveyance of the subject property to Mr.
and Mrs. Barkan, subject to the retention of the above easement.
Action: .~'~'--/ .~~
//9 page I
ITEM NO. 9 PUBLIC HEARING ON A RESOLUTION 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, ! 997.
Nov/P.h. is now open.
Joel Barkan/My wife and I are the two property owners of the adjacent property you've
offered to purchase the r.o.w. I have nothing really further to say than in our
formal offer to the city. But I am simply here to answer any questions that might
come up.
Nov/Any questions? Okay. P.h. is closed.
Kubby/Thanks for being here.
Lehman/Thanks for waiting.
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January 28. 1997 City ef Iowa City Page 9
97,. Z~/
g7- 3'~A%
ITEM NO. 10.
RESOLUTION APPROVING 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],
AND DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS.
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 $949,000. This project will be funded with Road
Use Tax revenues of which up to $442,000 will be reimbursed with
Federal-Aid Surface Transportation Program funding. Construction of the
project will begin during March, 1997 and is expected to be completed
by September, 1997.
PUBLIC HEARING
Action:
bo
CONSIDER A RESOLUTION APPROVING
ITEM NO. 11.
CONSIDER 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 I WEST FROM A POINT 200 FEET WEST OF SUNSET
STREET TO 300 FEET SOUTHWEST OF NAPLES ROAD SOUTHWEST.
(SECOND 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 par hour to 50 miles per hour. This speed limit reduction has
been approved by the Iowa D.O.T. Commission. Iowa D.O.T. requests
expedited action so that the new speed limit signs can be installed as
soon as possible.
Action: .: /~ ,~'/
January 28, 1997 City e! Iowa CIt~ Page 10
ITEM NO. 12.
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. {SECOND CONSIDERATION}
Comment: A request has been received from the Windsor Ridge
Homeowners Association to reduce the speed limit on American Legion
Road between Taft Avenue end 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
approved the change to 45 m.p.h. at their January 16, 1997 meeting.
ITEM NO. 13.
CONSIDER AN ORDINANCE AMENDING TITLE 5, ENTITLED 'BUSINESS
AND UCENSE REGULATIONS,' CHAPTER 2 ENTITLED 'VEHICLES FOR
HIRE,' BY DELETING THE PROVISIONS APPLICABLE TO PEDICABS AND
HORSE-DRAWN VEHICLES. (SECOND 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 those sections and
would be effective March 1, 1997, (renewal time) and does not affect
current licensing. Based on a memo from City Clerk and a letter from
John Weber included in Council's packet,
ordinance be deferred indefinitely.
Staff recommends this
ITEM NO. 14.
CONSIDER A RESOLUTION RESCINDING PRIOR RESOLUTION NO. 96-23
AND IN LIEU THEREOF SETTING FEES AND CHARGES WITH RESPECT
TO THE ADMINISTRATION OF REGULATIONS OF VEHICLES FOR HIRE.
Comment: This resolution increases the price of a taxicab stand in
outlying areas to $480.00. This is based on an increase in parking rates
in 1996. This resolution would be effective March 1, 1997 (renewal
time).
#13 page 1
ITEM NO. 13 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. (SECOND CONSIDERATION)
Nov/Staff recommends this ordinance be deferred indefinitely. Moved by Lehman,
seconded by Thomberry that we defer this ordinance. Any discussion?
Kubby/Is there anyway that we could help facilitate the owner of the pedicab business in
getting information from their insurance company, like even a letter from the city
saying we are in process in dealing with this. We would appreciate information as
soon as you can get it to your client because it would help our process move
along. I don't know that that would help push the insurance.
Karr/We certainly can do that but my understanding is it is a specialized insurance and,
again, he is shopping around and whether he stays with that company or goes to
another one, we certainly can offer a letter.
Council/(All talking).
Nov/I don't think it will make a difference to an insurance company.
Norton/If he gets in contact with somebody, a fax may get their attention. A fax from the
city might get their attention.
Thomberry/Well, if they are in the business of selling insurance and he wants to buy, I
think maybe they will-
Nov/I think they will give him their time and energy.
Kubby/A small client, he doesn't have the clout to get an answer from a big insurance
company. I guess there does not seem to be interest in doing it.
Karr/I have no problem in making that available. I don't think that is the problem.
Nov/Okay, is there any other discussion? Do we need a roll call to defer?
Karr/Just a motion.
Nov/Just a motion. All in favor, please say aye- (ayes). Motion carried.
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#14 page !
ITEM NO. 14 CONSIDER A RESOLUTION RESCINDING PRIOR RESOLUTION
NO. 96-23 AND IN LIEU THEREOF SETTING FEES AND CHARGES WITH
RESPECT TO THE ADMINISTRATION OF REGULATIONS OF VEHICLES FOR
HIRE.
Nov/Moved by Vanderhoef, seconded by Norton.
Lehman/What does the present cost?
Karr/I believe it is $460-. It went up $20. It is based on what a meter would be. We take
a meter off the street.
Nov/It would be per year7
Karr/That is correct. I am sorry, who seconded that, Norton7
Nov/Norton seconded. Moved by Vanderhoef, seconded by Norton. Any other
discussion7 Roll call- (yes). Motion carded.
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ITEM NO. 15.
CONSIDER A RESOLUTION ESTABLISHING ADMINISTRATIVE POLICY
FOR PAYROLL DEDUCTIONS BY CHARITABLE ORGANIZATIONS.
ITEM NO. 16.
Comment: The City has received requests by different charitable
organizations to allow City of Iowa City employees to make donations to
their organizations through payroll deductions. The only charitable
organization the City currently allows for payroll deductions is the United
Way. In order to ease the administrative burden and minimize the
workplace disruption of implementing payroll deductions for charitable
organizations the City has drafted the proposed policy. By law. all
restrictions must be objective. reasonable. and viewpoint neutral. All the
restrictions contained in the policy have been approved by the courts.
,
CONSIDER A RESOLUTION APPROVING THE EXTERIOR SIGNAGE AT
150 EAST COURT STREET.
Comment: At its January 13, 1997 meeting, by a vote of 7-0, the Design
Review Committee recommended that the City Council approve the
application, as submitted, for exterior signage at 150 East Court Street to
replace the existing exterior Homeland Bank signs with Magna Bank
signs. Memorandum from Economic Development Coordinator is included
in Agenda packet.
#15 page 1
ITEM NO. 15 CONSIDER A RESOLUTION ESTABLISHING ADMINISTRATIVE
POLICY FOR PAYROLL DEDUCTIONS BY CHARITABLE ORGANIZATIONS.
[Discussion after Agenda # 16)
Kubby/Naomi, before we go on, when we do talk about the charitable organizations
policy at an informal, it would be nice to have a copy of the University's policy and
get an update on where the school district is in their discussion on it.
Vanderhoet7 It might also be interesting to know just what organizations there might be in
the list. Like how many, the numbers are a concern to me.
Atkins/I will do my best.
Vanderhoet/Thanks.
Kubby/You mean numbers at those other institutions that-
Vanderhoet7 The numbers of agencies that we might need to allow deductions for and that
might make a decision on my part.
Norton/To get along, in other words, yeah.
Vanderhoet/Whether it is an appropriate thing to ask the city to do.
Nov/It would be anybody that meets the criteria.
Vanderhoet/And the kind of numbers that we might have in that criteria, I don't know.
Norton/We ought to send each other some notes about this because it is pretty
complicated I think. Issues-
Kubby/I didn't mean to bring it up for discussion. I just wanted information for to talk
about.
Baker/Dee, I would just say I see it as completely opposite. I see it a rather simple issue.
Norton/You mean just drop it all, you mean.
Baker/Drop it all or let everybody in.
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Norton/I assume that wouldn't-
Nov/All right, since we decided we weren't going to discuss this tonight, let's go on.
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97- .:32
ITEM NO. 17.
CONSIDER A RESOLUTION APPROVING, AND AUTHORIZING AND
DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO
ATTEST, AN EASEMENT AND UCENSE AGREEMENT FOR THE
TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BY ST. MARY'S ROMAN
CATHOLIC CHURCH FOR A PORTION OF THE LINN STREET RIGHT-OF-
WAY BETWEEN JEFFERSON AND MARKET STREETS.
Comment: St. Mary's Roman Catholic Church is requesting the approval
of an easement and license agreement for the temporary use of public
right-of-way along the west side of Linn Street between Jefferson and
Market Street to allow the temporary closure of this portion of the
sidewalk. The sidewalk closure is requested to prevent any accidents to
persons using the walk resulting from a continued loss of defective
cement shingles and debris from the pitched church roof. Additionally,
the sidewalk closure will facilitate the replacement of the roof this spring.
Staff recommends approval of the requested agreement and closure, as
this will protect the public from possible injury or property damage from a
dangerous condition while facilitating the abatement of the dangerous
condition. This Resolution authorizes the execution of the agreement
prr~Cl~oseSsa~lYc ,toC~ufr:C iali~j' ree ~a ,her.= o,.~ln~r. i ght-of-way for the
ITEM NO. 18.
CONSIDER A RESOLUTION APPROVING, AUTHORIZING AND
DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO
ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY
AND HOWARD R. GREEN COMPANY CONSULTING ENGINEERS TO
PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE IOWA CITY
SANITARY LANDFILL.
Comment: This agreement authorizes Howard R. Green engineers to
provide engineering services necessary to design the next landfill cell on
the western half of the landfill site in accordance with state and federal
regulations. The total cost of engineering consultant services is
$132,000 and will be funded by landfill revenues.
//17 page I
ITEM NO. 17 CONSIDER A RESOLUTION APPROVING, AND AUTHORIZING
AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO
AT'rEST, AN EASEMENT AND LICENSE AGREEMENT FOR THE TEMPORARY
USE OF PUBLIC RIGHT-OF-WAY BY ST. MARY'S ROMAN CATHOLIC CHURCH
FOR A PORTION OF THE LINN STREET RIGHT-OF-WAY BETWEEN
JEFFERSON AND MARKET STREETS. .,~
Nov/(Reads agenda)
Karr/Madam Mayor, before you read the comment, staff records it be deferred two
weeks.
Nov/Okay.
Lehman/May I ask why?
Holecek/We are currently trying to finalize the details of the agr~nnent. But everything
that is in the comment regarding dangers to passerbys is ~fll present. One of the
questions is notice to adjoining property owners and bus~e s and trying to
facilitate signage to make sure that there are alternative routes for passersby.
Vanderhoet7 And also what do we have in the way of trees in th~ parking?
Holecek/I don't know off the top of my head. I don't believe tMl~ are any.
Vanderhoet7 Okay.
Nov/Moved by Lehman, seconded by Norton, that we defer thi
discussion?
Lehman/Yeah, just one comment. If we have a dangerous situa~
should not require a resolution on council to close a side
prevent people 'from being hurt.
br two weeks. Any
it, it seems to me that it
Ilk or whatever to
Holeceld Well, some of the danger has-
CHANGE TAPE TO REEL 97- ,5 SIDE 2
Holecek/Apparently the church does have in place right now a
those shingles that are falling. They are in litigation with
shingles and pursuant to that litigation, their expert said
system to catch
installer of those
you have a
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Iowa City council
//17 page 2
mass exodus of shingles, this grate system may not work. So that is the reason we
were exploring closing the sidewalk.
Lehman/Why do we have to have a resolution to close a sidewalk to protect pedestrians
from being hurt?
Holecek/Well, I think it is important because it also includes indemnity for the city should
there be any injury resulting. So, what it does is make sure that the closure is done
in a manner that has alternative routes, proper signage, that your person for whom
the sidewalk is being closed has proper insurance, etc.
Lehman/Why can't we do that administratively? Just do it because it needs to be done.
Holecek/You are doing it because it needs to be done.
Norton/Well, there were some decisions. I remember when we were closing Gilbert Street
comer intersection with Burlington. There were quite a few options there as to
how you might proceed. In other words, they brought us several options.
Lehman/If we have got shingles falling offa roof, it could hurt somebody.
Kubby/You are saying it is different because it might be considered emergency action.
Norton/Emergency, I am sure they could do it.
Holecek/Yeah, I believe that that could be done if there was a determination of imminent
life, safe, health dangers. But that has not been determined to be of that magnitude
with this current situation. Also we are exploring alternative way sot actually avoid
closing the sidewalk and to protect pedestrians with alternatives ways.
Kubby/That is a very heavily used-
Lehman/Hope it works.
Nov/Okay, we have deferred that for two weeks. Did we vote on it? All in favor, say aye-
(ayes). Okay.
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ITEM NO. 19.
CONSIDER A RESOLUTION APPROVING, AUTHORIZING AND
DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO
A'R'EST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY
AND MCCLURE ENGINEERING COMPANY TO PROVIDE ENGINEERING
CONSULTANT SERVICE FOR THE WYLDE GREEN SANITARY SEWER
REPLACEMENT PROJECT.
Comment: This contract is for the design of a project intended to relieve
the sanitary sewer surcharging and associated basement flooding that
has occurred in certain portions of the Wylde Green neighborhood.
Contracted engineering services for this project are expected to total
approximately $91,500 and will be funded by General Obligation bonds.
Action:
ITEM NO. 20.
CONSIDER A RESOLUTION AUTHORIZING THE ACQUISITION OF
TEMPORARY CONSTRUCTION EASEMENTS FOR THE CONSTRUCTION
OF THE BROOKSIDE DRIVE BRIDGE PROJECT.
Comment: The City of Iowa City must acquire temporary construction
easements to facilitate the Brookside Drive Bridge Project. This
resolution authorizes City staff to negotiate and the Mayor to sign these
documents, including authorization of condemnation if necessary. Every
effort will be made to negotiate acceptable agreements without resorting
to condemnation. Prior to proceeding with condemnation, staff will
notify Council.
~ . . ~ /
ITEM NO. 21o
CONSIDER A RESOLUTION AUTHORIZING THE ACQUISITION OF BOTH
PERMANENT AND TEMPORARY CONSTRUCTION EASEMENTS FOR THE
CONSTRUCTION OF THE WILLOW STREET PAVING PROJECT.
Comment: The City of Iowa City must acquire both permanent storm
sewer and temporary construction easements to facilitate the Willow
Street Paving Project. This resolution authorizes City staff to negotiate
and the Mayor to sign these documents, including authorization of
condemnation if necessary. Every effort will be made to negotiate
acceptable agreements without resorting to condemnation. Prior to
proceeding with condemnation, staff will notify Council.
//19 page 1
ITEM NO. 19 CONSIDER A RESOLUTION APPROVING, AUTHORIZING AND
DIRECTING THE MAYOR TO EXECU'I~ AND THE CITY CLERK TO ATTEST AN
AGREEMENT BY AND BETWEEN 3TIE CITY OF IOWA CITY AND MCCLURE
ENGINEERING COMPANY TO PROVIDE ENGINEERING CONSULTANT
SERVICE FOR THE WYLDE GREEN SANITARY SEWER REPLACEMENT
PROJECT.
Nov/Moved by Kubby, seconded by Vanderhoef. Discussion.
Lehman/Sarah, I happen to live on Wylde Green Road. Is it appropriate that I vote on this
or not?
Holecek/I think with that-
Lehman/No, no, I don't have a problem whatsoever with it.
Holecek/Ernie, is any part ofthis project going to be acquiring property that you own?
Lehman/Oh no, no, no. Well except they want to put the pipe in my front yard and store
their equipment there and whatever. I have absolutely no problem with my sewer.
On the other hand, I do live on Wylde Green.
Holecek/I don't find that to be a conflict, particularly with the discussion you just had.
Lehman/Thank you.
Norton/I just wanted to ask, I have several pieces of paper related to this and I am not
sure which is which. Did we get a handout tonight, a supplement tonight that is
germane to this?
Nov/We have some one from the Engineering Department who may be able to answer
that.
Norton/I have Exhibit B.
Kubby/This says 19 on it.
Norton/Is that the new one that says 19 on it. That was just handed out?
Karr/ Yes.
Norton/Is that suppose to substitute for what was in our packet?
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//19 page 2
Scott] I am not aware of any handout that was handed out.
Norton/All right.
Nov/All right, what we have here is the total costs but this is not the engineering costs.
This is the total costs.
Norton/This is total costs, I guess. What is in the book then? What was in our book?
Scott/What is listed in the resolution, the $91,500, is the engineering services costs.
Norton/Just the engineering services. I understand that part.
Scott/So maybe what you have is-
Norton/Probably cost of the project, I guess. I have two different versions of that. One
that was in the book and one that was handed to us and I am trying to figure out
who is on first here. Okay, nobody seems to know.
Atkina/Is it a correction? This is prepared by McClure, not by us.
Norton/They are different numbers.
Vanderhoef/We had discussions about it last night and Rick was going to do-
Norton/One of them sewer and one of them is storm sewer. Maybe that is it. Is that it?
For the project? I see one of them is sewer and one of is storm sewer, okay. We
didn't have- We had the storm sewer in our book and this is sewer. This is sanitary
sewer. Now I am understanding and gaining on it. Okay. Thank you.
Kubby/The two questions we had last night was the mileage in the contract being high. it
is higher than the federal allowance for income taxes. Did we get any information
about that?
Scott/Right. I spoke to McClure today about that. First of all I would just like to point
out that this is a not to exceed contract. In other words, no matter what they
charge us for their rates, they will not exceed a certain level and the mileage listed
in the contract is the current IRS allowable mileage. So that is why that value is.
Kubby/I will make sure my tax person knows that. Okay. Thanks for checking in to that.
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Scott/Sure.
Nov/So your not to exceed amount is this $91,5007
Scott/That is correct.
Nov/Okay, thank you.
Atkins/Dee, I think we have got this figured out. I of 4, 2 of 4, if you look in your book,
it is 3 of 4 and 4 of 4. These two pages were missing.
Norton/Yes, that is what I see. They just lel~ out half of the project or more. Right, okay.
Nov/Okay, are we ready to vote? Roll call- (yes). This resolution has been adopted.
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#20 page !
ITEM NO. 20 CONSIDER A RESOLUTION AUTHORIZING THE ACQUISITION OF
TEMPORARY CONSTRUCTION EASEMENTS FOR THE CONSTRUCTION OF
THE BROOKSIDE DRIVE BRIDGE PROJECT.
Nov/Moved by Lehman, seconded by Vanderhoef. Discussion.
Kubby/When we get easements, will we also be incorporating the idea for the trail in that
area? That is a very tight place in there for trail access.
Vanderhoeff I called Jeff on that or Rick on that on, too.
Kubby/And what was the answer?
Vanderhoe0' The answer was that we will be doing the sanitary sewer through the park
area coming up and that is when they are planning to do that.
Norton/That is when they are going to do the trail work.
Kubby/But we will still need some easement area around-
Vanderhoeff They will negotiate that when they are negotiating their work at that point.
You and I had the same question. I just happen to call.
Nov/Any other discussion? Roll call- (yes). Resolution has been adopted.
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January 28, l g97 City ef Iowa City Paine 14
ITEM NO. 22.
ANNOUNCEMENT OF VACANCIES.
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.)
This appointment will be made at the February 11 Council meeting.
ITEM NO. 23. CITY COUNCIL INFORMATION.
ITEM NO. 24.
REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY.
a. City Manager.
b. City Attorney.
ITEM NO. 25.
ADJOURNMENT.
'//23 page I
ITEM NO. 23 CITY COUNCIL INFORMATION.
Nov/City Council Information. Mr. Norton, would you like begin?
Norton/Yes. I will be brief. I want to mention, as I told you last night, I was at the Fire-
Fighter's Memorial or reception for the people who were involved in setting that
memorial up in Coralville and they were kicking off the public phase of their
fundraising and I hope people will consider that when they are distributing their
wealth. I think they are looking for another $300,000 or something like that and
they have got that much raise already.
Nov/They did a little public fundraising a few years ago when we had a new fire truck and
we had a ceremony and they sold mugs.
Norton/Well, they are doing another phase. I think they are halfway home and they are
looking for further help.
I wanted to just ask quick. Somebody called me earlier this week about the
warming house at City Park. I guess I should have talked to Ter~ but I don't
know. Somebody said it was skating weather but the warming house was closed
up and I didn't know what the-
Also l just want to mention to the public that we received from the staff this week
a very, I think, excellent, report on the parking situation d.t. It really lays out the
information in a way that we have been asking for and it is extremely, I think, clear
about our parking and shows that we are in pretty good shape and we have
questions to resolve. But we are proceeding at pace to deal with the problem. And
it is a wonderful study if you want to look at it and see.
Nov/It is available for anyone who wants it.
Kubby/I assume that is in the public library. It really is accessible information and easy to
understand.
Norton/And it does show that there are spaces available in all of our ramps let me say.
Kubby/How many, Dee?
Norton/400.
Nov/And of course, we all know in this weather that those 400 are up on the top and full
of snow.
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Norton~ They are there.
Nov/But they are there.
Norton/They will be better lighted and they will be prettier when we get down with some
of the repairs.
Lehman/In this weather there is a lot more than 400.
Nov/We are getting there.
Norton/That's it.
Nov/Okay. Karen-
Kubby/I wanted to mention another thing that staff put together. This quick reference
guide to home maintenance that I hope will also be in the public library. This is a
really good community service that the Planning staff put together about what it
takes to take care of your home, all the way to alternatives for toxics for cleaning
spots off your carpet and how to go about repairing roofs and what you need to
look at and it is just really helpful to new and seasoned homeowners in taking care
of your property. It is a really nice document. I encourage people to pick up a
copy or go to the library and look at it. So thanks to the Planning staff and
Community Development staff for putting it together.
Nov/Yes, absolutely. I agree.
Kubby/I also wanted to thank a city employee. I can't remember when we had this
position start up, maybe a couple of years ago, our Safety Training Officer, who is
kind of in-charge of educating employees on how to be safer and just creating an
atmosphere where people can talk about safety issues and getting information and
I want to thank Jim Gullland for his work for the city. There is an internal
newsletter that talks about some issues that are kind of hard to talk about
sometimes. For example, violence in the work place, whether it is employee to
employee, citizen to employee, employee to citizen. Violence issues is something
that he has been talking about in one of the latest newsletters. He has also been
working with the refuse Department on some injury prevention programming for
them and they are lifting lots of heavy stuff all times of the year and I think it is a
really important thing that the city offers for employee. I think it is great we have
the position and Jim Gullland is doing a good job within that.
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I was talking to Dick Myers at the Chamber Walk of the Stars and we had been
talking about- We were complaining about citizens as well as the city as a
customer of our water services and having to pay sales tax on the water bill and he
said that he introduced a bill and I don't know the number, I probably should call
to find that out. He introduced a bill in the State Legislature to remove the sales
tax ~om utility bills which includes gas, electric and water bills. It would really
make a difference all the way from a big industrial user down to the smallest of
homeowners or someone who rents. It could really make a difference, 5%. That
would cost the state $150 million a year. He says they can afford to do that.
Nov/$150 million on just water?
Kubby/That is what he said. Water, gas and- all utilities.
Nov/All utilities, okay, sorry.
Atkins/Our sales tax bill on water is $200,000, the city's. Oh, it is a lot of money.
Vanderhoeff The Parks and Rec pay a huge amount.
Atkins/It is not our sales tax, our citizens (can't hear).
Nov/We collect and we send it to the state.
Norton/It comes out of every department. In particular, I suppose Parks and Rec has to
pay.
Vanderhoet7 The water bill over there to fill the swimming pools. All that water gets
Kubby/Right plus all the showering that happens at the Rec Center. So if people are
interested in this bill, I suggest that if you have contacts in the State of Iowa,
whether they are- because you use to live in a different place than Iowa or you
have family or friends who live in a different place than Iowa. Because I think that
our local legislators will be supporting this but we need a majority. So I want to
encourage you to get other legislative members to vote for this.
Nov/May I add to that? We have an on-line service here from Mount Vernon League of
Voters. Is that the one?
Atkins/I don't know who has got it but we can mna bill up-
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Nov/We can find out the number of this anytime. You can call Lisa and she can say here
is the number.
Kubby/The number of what?
Nov/The bill. We have a computer connection that lists the bills and numbers and it goes
through the League of Women Voters and I am not sure exactly what city. I think
it is Mt. Vernon. But it is a wonderful idea. All you have to do is pick up the
phone and call Lisa and she just will punch it into her computer.
Kubby/I will do that.
Nov/And we should bring that issue to the Iowa League of Cities in February when we go
to Des Moines.
Kubby/And it would be great not to just talk to our legislative contingent but to talk
about it in one of the sessions so that other people who are there are going to go
lobby their own people and maybe take that issue on.
Nov/We!!, I was thinking actually that we could bring a little written notice with the
number of the bill and pass it out.
Kubby/That is great. Like at every seat.
Nov/YeaIt, that kind of thing.
Kubby/Yes, go for it, Naomi.
Nov/I might also like to do that with the Cigarette Resolution.
Norton/Naomi, you do remember they told us last year though that when city leaders
come down there to lobby regarding issues before the Legislature, they say well,
we want to hear ~om citizens. So we are going to have to help get the citizens
individually to respond to that. They figure we are probably self serving or
something.
Kubby/Maybe we should write a letter to the editor to the Des Moines Register so it
would get more Eastern Iowa and Central Iowa play.
Lehman/I find that interesting Dee, that the leaders of the Farm Bureau and whatever-
Norton/Get heard.
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Lehman/I mean they don't tell those folks they need citizens. And all of a sudden we are
not citizens.
Norton/I don't know. They told us it really helps to hear from individual citizens, not just
from the council.
Nov/They will hear from individual citizens on some of these things, maybe not on all of
Vanderhoeff Did you get the invitation from the American Lung Association to go to Des
Moines and lobby for the tobacco issue?
No~No.
Vanderhoeff I have an invitation and I requested that they invite you, too. I will make sure
you get that.
Nov/Okay. I haven't heard that one. Or else it is possible that I just wasn't going to go
twice. Sometimes I get these things and file them. Do you remember what day it
is?
Vanderhoeff No, and they were going to get back to me on the day, it is early February.
That is all I know. It is someplace around the 7th or 8th.
Nov/And I know the Chamber of Commerce is going another day and I just have to take
my time and maybe not go to everyone of them.
Vanderhoeff Well, I may go if you don't go.
Nov/Okay. Keep in touch on the date.
Vanderhoeff Okay.
Kubby/I just had two other items. We accepted some recommendations from the Human
Rights Commission and I guess I am always unclear on how to deal with
recommendations from Boards and Commission because we accept them we are
just saying I hear you. But to have action on them we need to do something else
and it seems that these four things are good things to do that would make sure our
Equal Employment Opportunity Plan for the city includes our current FIR
Ordinance which includes gender identity and that we do some kind of reporting
and tracking mechanism just to have some work place statistics so we can see how
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we are doing. I would like us to direct Personnel Office to begin doing this and
have the FIR Commission act accordingly as they talk about it in their minutes.
Norton/I certainly support that. I think the person leaving the Commission, we had a note
bom Andrea Perry who I think implied that we need to check up on where we
stand with respect.
Nov/Are you talking about just city employees or are you talking about going beyond
that?
Norton/No, I think she was talking about city employees or how the city itself is doing in
this area.
Kubby/Right, about how our workforce statistics are.
Vanderhoeff Do we have- What do you have, Dale, as far as an update on what- How
many people apply?
Atkins/We can get that.
Helling/We can get a lot of that information. I think there are some things that we can do
a better job of keeping track of and Sylvia did go to a Commission meeting a while
back and they discussed these things and she is aware and also is working on some
updates of the whole personnel policy. So I think this will all be incorporated in
there and at some point in time those updated policies will be need to be approved.
Vanderhoeff Good, thank you.
Thomberry/I hope at some time, Karen, to follow up on your- That we can get to a point
where race, creed, color, or gender identity make no difference and that it would
not be needed. That selecting of the most appropriate person, it would be the only
qualification. I hope at one time we can get to that point.
Norton/Devoutly to be wished.
Kubby/I had one last issue and that is to remind people that on February 22, Big
Brothers/Big Sisters is holding their big annual fund-raiser of Bowl for Kids Sake
and I am a team captain, as is Marian, I believe, for the city. Are you doing that
this year? You are not? We should get a city team together. There is still time. I
have a team that I am captain of called People's Choice and it is a group of elected
officials ~om around the county and we are balanced urban and rural,
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geographically throughout the county and gender balanced. We are definitely
skewed politically though which is my prerogative as team captain.
Thomberry/You mean I can't join your group.
Kubby/No, sorry. We have Joe Bolkcom from the Board of Supervisors, Tom Slockett
from Auditor's Office.
Thomberry/Joe who?
Kubby/That is B-o-l-k-c-o-m. Linda Levy from the School District, Brain Fleck from the
Solon City Council and Mary Mascher who lives in the county and is fi'om the
State Legislature.
Baker/How many on a team?
Kubby/Six but you know Dick Myers always- Or last year he came and just
spontaneously bowled but we asked him some political questions before we
allowed him to bowl. So if anyone shows up and- And (can't hear) he came too.
So if anybody would like to come and just spontaneously bowl except we are on a
tight time frame as well as to do our ten frames ofbowling. If too many people
show and bowl we can't-
Norton/Can we get a team together, Larry and I7
Kubby/Go for it.
Baker/Dee Norton and I want to do a team. We want to call it politically correct,
politically incorrect.
Council/(All talking).
Baker/Dee and Dee-
Norton/Dean and Ernie.
Thomberry/I am correct. You guys are-
Baker/Just four old white guys.
Norton/We are already beat. Let's go. Come on. We could win all the marbles.
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Baker/Or we lose them.
Kubby/The idea ofthis is that each team is suppose to raise at least $300 which is about
$50 per person fithere are six people on your team. So I am making a call if
anyone would like to pledge for me, I am in the phone book. My last name begins
with a K. I hope that you all get another team.
Vanderhoet7 Karen, date?
Kubby/February 22. Bowling happens at Coral Lanes, Colonial Lanes and Plamor Lanes.
Baker/I think people would contribute to me and Norton to see us not play.
Vanderhoeff No, I want to watch you do it.
Norton/We will get a team together. I will meet you right afterwards. We will get a team
organized.
Kubby/If that announcement help spur another team, that is another $300 minimum for
Big Brothers/Big Sisters. That is all I had.
Nov/Thank you. Ernie-
Lehman/On Saturday the 1st of February, we are going to have a meeting at 2:00. It is
going to be a work session at which time we are going to be discussing the Eric
Shaw tragedy. Council has received a lot of criticism as has our City Manager, our
Police Chief and other police officers. I think this is a terribly terribly important
m .eeting If you can't attend, I really think read the accounts in the paper because I
think at this meeting we are going to be able to address a lot of the questions that
the public has had and questions that we probably have not addressed ourselves. I
think it is a very very important meeting and I would encourage folks to keep track
of it.
Nov/And it will be on television.
Kubby/It is going to be live.
Thomberry/It is going to be recorded.
Lehman/It will be live, okay.
Nov/It will be live on television.
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Lehman/But I think it is very very important meeting.
Nov/And I have to broaden the scope because we are going to talk about police policies
and procedures in general. Not just in that particular instance.
Lehman/Well those things that relate to the Shaw incident.
Nov/Some may or may not relate. We are going to talk about general policies.
Thomberry/And ifyou tone in at 7:00 Saturday night to listen to it or see it, you will have
missed it. What time does it start?
Nov/2:00, February 1, 2:00 PM.
Kubby/And we had talked about going from 2:00 to 5:00 just so people know what the
parameters are that we had originally talked about.
Baker/And we need to make it dear also, Ernie-
Lehman/YeaIt, I think it is very important that this is a work session, not a meeting at
which the public will be invited to comment and I am sure that we would take any
written questions and respond to those at some other time. But it is not a meeting
at which the public is invited to comment.
Baker/But it is certainly open. They can hear everything that we hear and hear our
discussion on tape and television. But it is not a question and answer period for the
public. It is a work session for us.
Kubby/Well, and we also have something on our desk tonight that calls a special city
council meeting, February 1, at 3:30 PM in case we decide to go into executive
session at that time. People should be aware that that is out there as we!!.
Nov/Okay. Anything else, Ernie?
Lehman/That is it.
Nov/Dean-
Thomberry/I just have one thing and I would like to publicly thank Dr. Richard Williams,
Dr. Dreicer and the nurses at the UI Hospitals and Clinic, floors 3 & 4 and
Emergency Room especially for the magnificent job that they have done in the last
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5-6 months. More on that later and stay tuned for a synopsis of a conversation
which I had with the CEO ofthe UI Hospitals and Clinic, Mr. Howell. I will
present that synopsis at a later date. So you will have to stay tuned. You will be
interested listening to that synopsis. Thank you.
Lehman/Dean, I think in all fairness, you probably relate to the folks that this is in relation
to treatment of your wife.
Thomberry/This is of a personal nature that I have had in our family and things are- And
thanks to these people and their knowledge, their ability. Not just the doctors, but
the nurses. Especially the doctors. They were fantastic.
Nov/Talented people.
Thomberry/Very talented.
Nov/And are you going to Palm Springs?
Thornberry/We will be going to Palm Springs. So I will be missing the next meeting.
Hopefully will be able to make this meeting. We have missed several. Missed a
Hawaii trip, missed several other business trips. But this one we plan on being able
to make. Thanks to the people at the UI Hospital and Clinics.
Nov/Very good.
Vanderhoeff Okay, I just have one thing and I wondered if we had any staff update on the
d.t. business signs?
Atkins/I think I sent a memo to you. They rejected the signs.
Vanderhoef7 That is what I wanted to announce.
Atkins/And I asked Joe to go back and see where else we could put them, how can we
make them a little bigger, and that is about where it is. I will get you something
more specific.
Vanderhoef71 just want people to know that we are working on it and we have run into
some-
Arkins/We have done it. Now it is kind of undone but we will go back at it.
Nov We can do the green and-
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Vanderhoet7 Well, we have different colors.
Atkins/Yeah, I know. That is part of the strategy is that we might as well-
Nov/Might as well do what we want.
Norton/Understand what signs you are talking about, Dee. Why don't you make it a little
clear about what signs we are talking about?
Vanderhoet7 The signs that direct people to the d.t. business district fi'om on wherever
they come into the city.
Norton/Does this affect the signs on the interstate as well?
Vanderhoeff We can't have signs on the interstate.
Atkins/That is a separate issue. To my knowledge they confirmed that we are going to be
able to-
Norton/So we are going to get something on the interstate? These are the ones on the
way in.
Atkins/Yes.
Kubby/I know that part of the strategy is to have consistency in color, in logo. But is it
possible - If the only signs acceptable just say business district in the green and
white, that we change the beautiful sign to green and white and put those on city
routes and then we have consistent colors but not-
Atkins/That is my impression of~ I think, where Joe is going to end up with this thing.
Vanderhoeff How about parking because you can find d.t.
Arkins/A parking sign?
Vanderhoeff A parking sign, you know, that says parking garage.
Nov/Or parkin8 whatever.
Norton/The University are blue on white or white on blue and I think-
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Vanderhoeff This is the problem and from what I was reading in the memo is that it had to
do with not having these signs on highways. Well, we are blessed with highways
around a perimeter of the city, the business district. When we consider Burlington
and Riverside and Hwy I going through Dodge, we have a real problem trying to
use our signage and get people to tit. and to find a place to park.
Lehman/You know, Dee, I appreciate your comment but I recall back and I think
probably '83 or '84 when I was president of the Chamber, we have a number of
shopping areas in this community and I do have a store d.t. and I would prefer that
everybody comes d.t. But I also think that if we are going to spend money
directing folks, we need to tell them where d.t. is. We probably need to tell them
where Sycamore is and where other folks are, too.
Vanderhoeff I have no objection to that.
Lehman/I realize that. We are concentrating on d.t. which I love, If we could only do that
I would really like that. But I am not sure that is fair.
Kubby/It is in our Comp Plan that the d.t. is our central business district and that does
mean that we add some more focus in terms of policy and resources and energy.
Lehman/And I agree with that as well. But I don't think that you-
Kubby/In exclusion.
Lehman/Right, I don't think you concentrate on one to the exclusion of the others.
Norton/But we do have to find a way to let them know where parking is. Whatever we
do, we got to find a way that is not on a highway or that can escape these
regulations. I take it the staff is looking for that.
Lehman/I am going to take a lot of heat for that statement.
Nov/I have said this before and I have had a business owner south ofHwy 6 tell me that
his business district does need some representation. I suggested that his business
get together with other businesses to organize a neighborhood association of some
sort. He said he was going to do that. We haven't heard from him
Norton/Like the Near Northside has done.
Kubby/Like a residential association.
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Thomberry/I spoke with the manager of the Sycamore Mall and he said we have got an
organization, what do we do?
Thomberry/I said who do they approach or who do they go to for-
Atkins/fithey have an organization, I think one of the first things they have to do is
develop an agenda. You know, what are the issues, what is important to them and
just have some idea of what they would like to do. And the second thing is is there
a role for city government in helping support that particular agenda. The Near
Northside folks, for example, have become actively involved. I would give David
Schoon our Economic Development Coordinator, a call if those folks are
interested in doing that. We need to know what they want to do and how well
organized they are going to be. But we have little commercial areas all over town
that ~'folks want to draw some recognition to it, it is not unlike what we do for
neighborhood associations. I can't imagine why we wouldn't support that.
Thombern//You mean you could make a sign for the Burger King located on corner of-
Lehman/Wait a minute.
Thornberry/I mean I don't have too much around me. I have got my own area of
dominant influence.
Norton/In this regard, I have spoken to Steve about because of the number of people in
the neighborhood southeast who are concerned about the future of the mall area
and they were bringing this up and so I think it is very important that they actually
move so we have somebody to talk to and represent them.
Thornberry/Should or could or should we have signs indicating where our industrial park
is? I don't know.
Nov/I don't think those people-
Lehman/We don't have any vacancies, so don't worry about it.
Thomberry/We will have some soon.
Vanderhoeff It may be time to have a brochure that has all of our shopping districts that
can be handed out.
Norton/Well, the bus routes do, don't they?
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Vanderhoeff Put it on the bus would be a good place-one of the places to put it. Putting it
in the hotels would be another. Put it sending it out with Hotel Motel CVB kind of
activities.
Atkins/What I hear you saying is some way of calling attention to our shopping districts.
That is fine. We can certainly try to put some ideas together.
Lehman/I think the Convention and Tourism Bureau does that.
Vanderhoet7 They have some things.
Lehman/I think their brochures do have shopping areas.
Thomberry/You could be loaded on there for a price.
Nov/They're are listing their members.
Lehman/That is probably right.
Nov/So if a certain business does not happen to be a member, they do not happen to be
Vanderhoe17 Which while you are talking about that, that reminds me that CVB is
changing the advertising kinds of things and they are going to a publication that
will do the selling of advertising. And so it is going to be in a magazine printed
thing and just for anyone listening in, if you are a member of the CVB you will
have a large break with advertising within the magazine and it is a real good deal
for anyone who is a member ofthe CVB. I encourage you to renew your
memberships with the CVB.
Nov/Those who are members should renew and those who aren't should join.
Baker/
I have got two, three or four small items that have been sort of held over from
previous meetings because we have gone late at previous meetings. So I just chose
not to do them at the previous meetings. First of all I owe and apology to a
commission member. He had called me two months ago asking me to bring
something to council and I had not done it. Jim Pugh of the Riverfront
Commission. He made just a pretty common sensical suggestion. On the Boards
application form, application forms, it says you are encouraged to contact council
members. He would like to see us put wording in there encourage council
members and current members of boards and commissions for background
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information. To encourage anybody applying to talk to somebody on the
commission to get some background.
Nov/Okay, sounds good.
Baker/It is a language- It is a one sentence change. I talked to Marian about it. She said it
wouldn't be a problem but I needed to get it clear with you all. To encourage to
talk to the commission members as well as council members.
Nov/I see enough heads nodding to ask Marian to change that.
Baker/
.Fret, I apologize. Refresh my memoon/in the previous two budget discussions
sessions when ICAD was brought up, did we raise the issue of whether or not we
had gotten the information we requested about ICAD?
Arkins/You raised it. I said you had not received it. When they adopt their budget, I will
get it to you and that should be very shortly, probably the next meeting.
Baker/We will have it shortly.
Norton/It was in my list, Larry.
Atkins/I assumed you wanted the most current information.
Baker/And it takes along the form that we had talked about months ago?
Atkins/You wrote a memo, Larry, outlining a number of questions.
Baker/Yeah and you were going to go back and use that as a starting point.
Atkins/I think I can. I am pretty sure I kept that. I will check that tomorrow.
Baker/
Okay. I wanted to cladtiff what I thought was a misrepresentation of one of my
positions or opinions about the d.t. pedestrian mall. About a mall or so ago, there
was an article in one of the local periodicals about the future of the d.t. pedestrian
mall, raising the possibility that perhaps we were going to bulldoze it and put in 6-
7 Burger Kings or something. But I think the public understands that that was not
a serious consideration by the DT Strategy Committee or I believe this council.
That we are re-mending the ped mall and do other things. But in that particular
lengthy article, I was quoted as saying that I advocated closing down Washington
Street and turning it into more pedestrian mall space. That was not true. I am
shocked. What I advocated was that we ought to make Washington Street two
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way all the way through down, smooth out some of the lines. But I did advocate
that we expand the pedestrian mall space d.t. I had a different location having to
do with Dubuque Street between Iowa and Washington. That was one of the
things I wanted to DT Strategy Committee to consider. So I was not advocating
closing down Washington Street. But I was saying put some more down there and
change the traffic flow on Washington Street.
Nov/How are you going to have traffic flow is you expand the pedestrian mall south of
Washington Street?
Baker/You have a street, a two way street, going all the way through. This isn't going to
happen, Naomi-
Norton/Tell it to the Strategy Committee.
Baker/It ain't going to happen. That was just my idea that there is room for more
pedestrian mall, pedestrian walk space down there but not the location I was given
credit for in the newspaper.
Nov/Okay, did you also say you wanted to talk out all ofthose beer trucks that are
parked down the middle of Dubuque Street?
Baker/There is a way to handle that. There is always a way to handle that. If you would
like, I will give you another world class memo.
Finally, on the d.t. business, DT Strategy Committee's work. It is my
understanding that they are going to request that we hire a marketing consultant to
study retail patterns in d.t. and whatever. Has anybody else heard this?
Nov/No, we haven't had their report.
Lehman/We haven't heard a word from them.
Baker/But that comes from private conversation. The conversations that I have had with
staff and members of the committee that there was a consensus that-
Atkins/I have not seen that.
Baker/That they wanted us to hire a consultant to study the marketing. I mean the retail-
Nobody else has heard this?
Lehman/No.
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Nov/Well, now we are expecting a report fi'om them. The report may have that.
Baker/My question is. going to he would that have to he funded officially by us?
Arkins/I would think we would have some say in that.
Nov/I would think so, yeah.
Baker/flit ain't coming, it ain't an issue.
Nov/Your grammar is improving by the minute.
Lehman/It ain't very good grammar.
Vanderhoel7 What would you do if you were here for the whole meeting?
Baker/Like I tell my kids, like you know- Anyway, if it is not coming, I won't worry
about it. Evidently nobody else has- It is not an issue.
Atkins/I have not heard.
Baker/We will see. When- Do you have a sense of when we are going to get something
formal fi'om that group?
Atkins/Oh, she had a schedule. The Planning Director had a schedule on that and I, you
know, fight now, time is very much the library project and we are kind of getting
yanked an tugged. Let me get a memo to you just kind of outlining some ideas.
Norton/She set some pretty tight deadlines, I think, as I understand that. She recognizes
the need to speed this up.
Baker/And that is all I have got. Thank you.
Kubby/Naomi, actually I forgot an item. Do you want me to wait until you are done?
Nov/Could you do that. I may even have your item, who knows. I would like everyone
who is still listening and who still has some time left tomorrow to know that we
are going to do many public meetings. First of all HUD and city staff are going to
be meeting here in this council chamber at 1:00 PM tomorrow and the public is
invited to come and exchange ideas about the city's role in providing assistance to
low income residents and we are hoping that people will come and discuss HUD
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programs. And tomorrow at 2:00 PM in the Iowa City Public Library our
consultant on the development of the last urban renewal project is going to present
various summaries of public comments. They have been hearing comments
yesterday and today. Tomorrow at 2:00 PM ICPL, come and listen. And if you are
still in the library at 7:00 PM, there is going to be a League of Women Voter's
meeting about Johnson County Government and the possibility of having some
kind of administrative assistant. And ifyou are not there, you can come to a
DARE Culmination Program at West High School tomorrow evening at 7:00 PM.
Did I cover yours?
Kubby/No.
Nov/Okay, go ahead.
Kubby/You covered a lot.
Nov/I covered a lot. Everybody could be very busy tomorrow.
Kubby/I wanted to talk a little bit more about the memo from Joe Fowler about our look
to recontigure out Transit routes in that the direction we gave him is that we want
to continue some form of blanket coverage during peak times, morning and
evening and vase mid-day service on demand without having any reduction in the
hours of service. And I think that I agree with that except if we do mid-day service
by demand only, we might be missing one or two populations or pockets in the
community that just don't have other alternatives mid-day and I don't want to
close off possibilities if there is one section of town where there are a lot of elderly
people who don't have disabilities, so they can't use SEATS. But there are some
social concerns here, too. And I guess I just want to know what those options are
and how much they cost.
Nov/Karen, I read that the other direction. That is interesting because I know that we are
doing a one hour kind of service during the day and I felt well, there could be a
Transit route that would require a half hour service for that route that had that
demand. So I was thinking it was more flexible and not eliminating a route or two.
Kubby/Well, when you base mid-day service on demand, if there is a route that is not
doing very well, that is going to- That, in my mind, would cut that out. But if there
are some other greater community goods that, maybe not everywhere in town, but
one section or two sections. I guess I want us to be open to that. That means we
will need information about it.
Atkins/You need options. I am okay with that.
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Nov/I thought it could go the other direction also.
Lehman/Wasn't it the way we left it with Joe that he would look at the total system and
see what kind of ideas he would come up with and then-?
Atkins/Well, we wrote you a memo to confarm what we thought the progression was and
what I am hearing you say is that, and I don't have that in fi'ont of me, Karen. But
ifit does say mid-day demand only, I can see where you came to that conclusion.
What you are suggesting is is that is okay, review that, but develop options around
that also. I am okay with that.
Lehman/It is much much easier to talk about something once you get a proposal.
CHANGE TAPE TO REEL 97-16 SIDE 1
Lehman/As Joe proposes before we discuss you know what is right or wrong or whatever
about it.
Kubby/But we are at that stage now that when we are setting the parameters for what
proposal he would bring back. So I just want to-
Vanderhoet7 1 suspect that this will happen partly because of the input that we are getting
from our present bus drivers who chose to work with Joe on developing some of
this. So they would be the most knowledgeable that I know of.
Kubby/I think they know where riders-
Vanderhoe0' Where these people are. They would be most sensitive to it and we really
appreciate their input.
Norton/They know where they are, yeah.
Atkins/I think I read you on that.
Kubby/The other issue about this is when we are talking about implementing changes in
early August, I want to just make sure that we don't have a p.h. that blissful three
weeks in between summer school, spring semester and summer school.
Atkins/That is your call.
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Kubby/I want to make sure that we have the p.h. when there are lots of people in town to
get a better sense of the feedback.
Nov/Well, we are talking about not making any changes until next summer. So I think we
can accommodate that.
Kubby/It is a big job to reconfigure routes for our city, talking about starting from
scratch.
Vanderhoet7 And your time line may be a difficult thing to achieve, Karen, and if Joe goes
forward with his plan oft~fing to implement in August.
Kubby/I know. That is why I am bringing it up as soon as possible so that we are aware
of those.
Vanderhoet7 So it is like ifyou want the regular students, we have got to do that before
the break.
Kubby/And there are a lot of other people who, besides students, who leave down during
that-
Vanderhoet71 agree.
Kubby/I want us to be conscious ofthose factors so we can get viable feedback.
Lehman/Buses run until what? 10:307
Kubby Not anymore.
Lehman/You mean I missed the last bus?
Nov/Yeah, you did.
Baker/Don't you have a city limo pick you up and take you home?
Lehman/Veah, right.
Kubby! Thanks for allowing me to bring it up.
Nov/You are welcome.
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Kubby/And it was really fun to hold that check. I have never held so much money in my
hand at one time before I asked Ernie to hand it to me so I could just hold it.
$40,000.
Nov/$40,000. We should say thank you to the Iowa City Soccer Club. The Kickers have
given us money for developing soccer fields and we say thank you again. Marian,
do' you get this?
Karr/Yes.
Nov/I want to know which city staff person should receive that.
Karr/I will give it to Don.
Nov/You give it to Don, okay. We all get to touch it and then give it to Don.
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January 24, 199:
City Council Meeting Schedule
7:00 p.m. 7:00 p.m. City Conference Board Council Chambers
Times Are Approximate
7:10 p.m. SPECIAL FORMAL CITY COUNCIL MEETING
7:30 p.m
8:00 p.m.
8:45 p.m.
9:05 p.m.
9:15 p.m.
9:25 p.m.
9:40 p.m.
9:50 p.m.
Executive Session - Litigation
REGULAR CITY COUNCIL WORK SESSION
Review Zoning Matters
Downtown Parking Study
Residential Parking Facility Impact Fee
Regional Solid Waste Management Plan/Landfill Master Plan
Community Builder Plan
Wylde Green Sanitary Sewer Design Contract
Low-Income Assistance Programs
Council Agenda, Council Time
7:00 p.m. REGULAR FORMAL CITY COUNCIL MEETING
.TuesdaYl
Council Chambers
2:00 p.m. JOINT MEETINGI64-1A (Separate Agenda}
· Wednesday I
Public Library Room A
2:00 p.m. SPECIAL WORK SESSION
Police Policies and Procedures
3:30 p.m. SPECIAL FORMAL COUNCIL MEETING
Executive Session - Litigation
Saturday I
Council Chambers
7:00 p.m. SPECIAL CITY COUNCIL WORK SESSION Council Chambers
Budget
4:00 p.m. - 5:30 p.m. SPECIAL CITY COUNCIL WORK SESSION Public Library Room A
Local Option Sales Tax
7:00 p.m. REGULAR CITY COUNCIL WORK SESSION
Monday
Council Chambers
.': ::.:... :Tuesdayl
7:00 p.m. REGULAR FORMAL COUNCIL MEETING Council Chambers