HomeMy WebLinkAbout1997-03-04 AgendaSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office, 356-5040.
ITEM NO. 1. CALL TO ORDER.
ROLL CALL.
ITEM NO. 2. MAYOR'S PROCLAMATIONS.
a. Children & Healthcare Week - March 16-22, 1997.
Daffodil Days- March 17-21
Purchasing Month -March 19 7 '�
-®��,� D6
ITEM NO. 3. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED
OR AMENDED.
a. Approval of Official Council Actions of the special meeting of
February 20 as published, subject to corrections, as recommended by
the City Clerk.
b. Minutes of Boards and Commissions.
(1) Parks and Recreation Commission - February 12, 1997.
(2) Planning and Zoning Commission - February 20, 1997.
c. Permit Motions and Resolutions as Recommended by the City Clerk
(1) Consider a motion approving a Class B Beer Permit for D&R
BARBQ, Inc., dba Fries BBQ & Grill, 1940 Lower Muscatine Rd.
(Renewal)
(2) Consider a motion approving a Class C liquor License for Elks
Lodge B.P.O.E. #590 dba Elks Lodge B.P.O.E. #590, 637 Foster
Rd. (Renewal)
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ITEM NO. 2 MAYOR'S PROCLAMATIONS.
a. Children & Healthcare Week - March 16-22, 1997.
Nov/ We have Children and Healthcare Week. (Reads Proclamation).
Karr/ Madam Mayor, we have Jody Kurth who is clinical director for Children and
Women's Nursing at UIHC.
Jody Kurth/ On behalf of the families, children, faculty and staff at Children's Hospital of
Iowa I would like to thank the council and Mayor Novick for recognizing this
week and also like to let you know that we will be having many educational events
as well as celebrations jam packed that week. And certainly we would like to
welcome the council and the public to a special event on Thursday, March 20,
when we will have a reception from 2:00 to 4:00 PM in the east Room in the
Hospital. Thank you very much.
Lehman/ Mayor, on behalf of my identical twin granddaughters, I totally endorse this.
Nov/ Your granddaughters don't even get healthcare here, do they?
Lehman/ If they need to, they will.
Nov/ Okay, fortunately they are healthy young ladies.
Lehman/ Yes.
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ITEM NO. 2 MAYOR'S PROCLAMATIONS.
b. Daffodil Days - March 17-21, 1997.
Nov/ (Reads Daffodil Days Proclamation).
Madam Mayor, we have the co-chairs of Daffodil Days for the American Cancer Society,
Ann Wesner and Christine Riggs.
Ann Wesner/ Thank you for recognizing Daffodil Days. On behalf of the Johnson County
Board of the American Cancer Society, we would like to thank you for your
support for Daffodil Days. It is particularly important to recognize that $1.1
million worth of research grants are taking place here at the UI. We think that is
very significant.
Christine Riggs/ The Daffodil Days promotion will take place during the week of March
17, more specifically the 18, 19, and 20 of March. We will be selling bouquets of
daffodils at six sites in Johnson County: Pleasant Valley Nursery, the N. Dodge
Athletic Club, First National Bank, UI Hospitals and Clinics, Mercy Hospital and
the Coralville Recreation Center. Thank you for giving us some publicity on this
important project.
Nov/ I hope everyone will buy lots of daffodils.
Wesner/ Thank you.
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d. Setting Public Hearings.
(1) CONSIDER A MOTION SETTING A PUBLIC HEARING FOR
MARCH 18 ON THE CITY OF IOWA CITY'S FY98 IOWA
DEPARTMENT OF TRANSPORTATION CONSOLIDATED
TRANSIT FUNDING GRANT APPLICATION, AND AUTHORIZING _
THE CITY CLERK TO PUBLISH NOTICE OF SAID HEARING.
Comment: In March, JCCOG will be completing Iowa City
Transit's FY98 Iowa DOT Consolidated Transit Funding Grant
Application. This application will contain FY98 State Transit
Assistance and Federal Transit Assistance operating and capital
projects. A public hearing on the application is required by state
law, with notice of the hearing published in advance. The grant
application will be available for public review prior to the hearing.
27-0 (2) CONSIDER A RESOLUTION SETTING A 'PUBLIC HEARING
FOR MARCH 18 ON PLANS, SPECIFICATIONS, FORM
OF CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE 1997 ASPHALT RESURFACING
PROJECT, DIRECTING, CITY CLERK TO PUBLISH NOTICE OF
SAID HEARING, AND DIRECTING THE CITY ENGINEER TO
PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION.
Comment: This bi-annual project involves the asphalt
resurfacing and the chip sealing of various streets throughout
Iowa City. The Engineer's estimate for the project is $707,612
and will be funded by Road Use taxes. Staff memorandum
included in Council packet.
97- 6 (3) CONSIDER A RESOLUTION SETTING A PUBLIC HEARING
FOR MARCH 18 ON THE PROPOSED RATE
INCREASE FOR SIXTY MINUTE PARKING METERS LOCATED IN
THE CENTRAL BUSINESS (CB -10) ZONE.
Comment: This action will increase the current parking rate from
$.60 per hour to $1.00 per hour on all 60 -minute meters located
in the CB -10 zone. The streets affected will be: 10 block South
Dubuque; 200 block South Dubuque; 10 block South Clinton;
10, 100, and 200 blocks of South Linn Street; and the 100 and
200 blocks of East Washington Street.
e. Resolutions.
(1) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO
7 - C, 5 SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A
RENTAL REHABILITATION LIEN FOR THE PROPERTY LOCATED
AT 1168 EAST COURT STREET, IOWA CITY, IOWA.
Comment: The owner of the property located at 1168 East
Court Street, received a $5,000 loan through the City's Rental
Rehabilitation Program on August 26, 1986. The financing was
in the form of a 10 -year, no -interest Declining Balance Loan.
The terms of this loan were satisfied February 25, 1997; -thus,
the lien can now be released.
March 4, 1997 City of Iowa City Page 3
q1_ 161. (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 403 SOUTH LUCAS STREET, IOWA CITY, IOWA.
Comment: The owner of the property located at 403 South
Lucas Street received an $8,000 loan through the City's Rental
Rehabilitation Program on August 15, 1986. The financing was
in the form of a 10 -year, no -interest Declining Balance Loan.
The terms of this loan were satisfied February 15, 1997; thus,
the lien can now be released.
f. Correspondence.
(1) Charles Wunder - Shaw incident.
(2) Margaret Kohl - Shaw incident.
(3) Jane Klitzka (Grant Wood Neighborhood Association) - Police
presence.
(4) Julie Phye (Stepping Up Project) - Summary of Program.
(5) Terry Trenkamp (Iowa City/Coralville Jaycees) - July 4 Fireworks.
(6) Memoranda from the Transportation Planner:
(a) Modification of Parking Meter Term from 30 Minutes to 60
Minutes
(b) Prohibition of On -Street Parking on Both Sides of 900 North
Gilbert Street (2 rnl-41,16.0�
(c) Prohibition of On -Street Parking on One Side of Hannah Jo Court
1-7) Garq Oe -60e -R, 9,egard�rlq L)h,veys1� 1�aA51f i 5SU&S
g, pplication for Use of Public Grouhds.
(1) Lloyd Tabing (Chezik-Sayers Honda Downtown Criterium) -
April 27. (approved)
END OF CONSENT CALENDAR.
e,�"a
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ITEM NO. 3 CONSIDER ADOPTION OF THE CONSENT CALENDAR AS
PRESENTED OR AMENDED.
Nov/ Consider adoption of the Consent Calendar as amended. Moved by Norton,
seconded by Lehman. Discussion,
Kubby/ I have a concern on page 3, item 6b., going from parking on both sides of the 900
block of N. Gilbert Street to prohibiting parking altogether. And I know we got
some information here tonight indicating that there were four neighborhood
surveys. There was a survey, four of them were sent out, four of them returned
and 3/4's wanted the parking prohibited. But I still feel uncomfortable going from -
Nov/ Karen, let me interrupt a minute. I spoke to a woman who lives there and her feeling
was that she misunderstood the prohibition and there are only four houses in the
upper end of Gilbert Street and they wanted the prohibition from the intersection
of Kimball to the beginning of those four houses at the far end where it is unpaved.
They didn't want the paved block near Brown Street.
Norton/ Down towards Kimball you mean?
Nov/ Yeah. The Kimball/Gilbert intersection until the houses. So we can refer this back to
staff, ask them to re -word it in such a way that they understand better what the
neighbors actually want and then we can vote again.
Kubby/ Okay. Well, then I want to remove item 6b. from the Consent Calendar.
Vanderhoef/ I second that.
Nov/ Okay. We have a motion and a second (Kubby, Vanderhoef) to remove item 6b. Is
there any further discussion? All in favor, please say aye (ayes). Motion carried.
Now, is there any other discussion on other items in the Consent Calendar? I
would like to mention that there are several p.h.s in the Consent Calendar. All of
them are scheduled for March 18. There is one on the DOT Consolidated Funding
Grant Application. There is another on the 1997 Asphalt Resurfacing Project. And
there is also a p.h. on a proposed rate increase for our 60 minute parking meters in
the Central Business Zone. If approved, that increase would go to $1.00 per hour
on those meters. Any other discussion? Roll call- (yes). The Consent Calendar has
been adopted.
Kubby/ I am sorry. Does that mean that we are automatically directing staff to go back
and clarify the issue on North -
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Nov/ Yes.
Norton/ The idea is to ban it only at that far end? In other words, to Kimball?
Nov/ That is what this woman told me and the staff said that if that is what the neighbors
want, they will certainly be accommodating. In other words, it wasn't initiated by
the staff. It was initiated by the neighbors and we need to better understand what
they want and then accommodate the neighborhood issue.
Kubby/ Thank you.
Nov/ You are welcome.
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ITEM NO. 4. PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA).
ITEM NO. 5. PLANNING AND ZONING MATTERS.
a. Consider a motion setting a public hearing for March 18 on an
ordinance amending Title 14, Chapter 6, entitled "Zoning," Article N,
entitled Off -Street Parking and Loading," to remove the requirement
for off-street parking spaces for commercial uses in the CB -5, Central
Business Support Zone, and placing a maximum of one parking space
per 500 square feet of floor area for parking spaces which are
provided for commercial uses.
Comment: At its February 6 meeting, by a vote of 4-1-1 with
Jakobsen voting no and Chait abstaining, the Commission
recommended approval of the proposed amendment. Staff
recommended approval in a memorandum dated January 30.
Action:
b. Consider a motion setting a public hearing for March 18 on an
ordinance amending Title 14, "Unified Development Code" of the City
Code by amending Chapter 9, Article A, entitled "Parking Facility
Impact Fee" to exclude commercial development.
Comment: At the City Council's direction, this ordinance eliminates the
parking impact fee for all commercial development in the Near
Southside parking facility impact fee district.
Action:
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ITEM NO. 4 PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA).
Nov/ Is there anyone who would like to talk to city council about an item that is not on
today's agenda? If so, please come forward, sign your name and address and limit
your comments to no longer than five minutes.
Dave Moore/ I live in Iowa City and this request refers to the order issued yesterday by
Judge Eads. Previous as well as recent statements by I believe a majority of city
council have set forth the opinion that County Attorney White's original decision
not to convene a Grand Jury to hear evidence in the death of Eric Shaw was the
wrong decision to make for our community. So I asked it tonight given the
opportunity presented by Judge Eads ruling to re -visit this issue. You now vote the
majority council's desire that Mr. White convene such a Grand Jury. But in order
for such a Grand Jury to be as free from bias as possible, you must also request
that Mr. White appoint an independent prosecutor. Mr. White has emphatically
stated previously that he would not convene a Grand Jury, that his legal opinion
would not change and that if a jury convened itself and reached a different
conclusion, that he still would not prosecute. So the appointment of a prosecutor
who is untainted by the bias of a previously stated legal opinion as well as by
previous statements regarding the Grand Jury would go a long way towards
insuring that whatever decision is reached by the Grand Jury would have the
acceptance of a large segment of the Iowa City community. Thank you.
Kubby/ Linda, does Pat White had a choice about convening the Grand Jury in terms of
the ruling, is that what you call it, the ruling or the statement by Judge Eads.
Woito/ The ruling of Judge Eads that just came down, you are asking does Pat White have
the discretion whether to obey it or not? He can ignore it only if he chooses to
appeal it in some way.
Kubby/ Okay.
Woito/ Although I suppose he could ignore it but he does have the option to either
convene the Grand Jury or not.
Lehman/ Let me ask you this, do we have, as a council, any authority whatsoever, to
become involved in this matter?
Woito/ Not any more than any other citizen.
Kubby/ I mean it could just be an expression of our wishes and Pat can take that and use
that in his decision making or not if we have a thought, if the group has a thought.
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Lehman/ I would like to say I have been, with the information that has been presented to
me which I assume has been presented to the rest of the council. I do not disagree
with the decision that Pat has come down with, with the internal investigation,
with the DCI investigation. On the other hand, I do not object to a Grand Jury. I
mean I think if this is what the public wants, I have no problem with that. But I
think as a city council, we probably have not jurisdiction whatsoever in the matter.
Woito/ Well, you do, as I said, as any other citizen, you have a right to state your opinion.
Lehman/ But not as a council.
Woito/ It carries the weight that you carry with it.
Baker/ We certainly have the right as individual citizens to express our opinion about what
Pat White ought to do.
Lehman/ Well, I think that is what Linda just said.
Baker/ My point is and I said this at another forum, there is a difference between us as
individuals speaking and us as an institution speaking to another institution about
how they should run their business. I think Pat is in a no win situation. I mean, that
is my personal opinion. If he doesn't step aside, he has all sorts of public
perception problems he has to deal with. But I think as a body, for us to take a
council position that Pat White should step aside or the Attorney General should
appoint a special prosecutor, I just think that is institutional posturing and we
shouldn't do it.
Norton/ I share that, too. I expressed the view that I think it would have been nice to
perhaps to have a Grand Jury so that there is a matter or record is established in
this case which has not been the case up to now. That is things aren't on the record
anywhere under oath. For the reason I would like to see it but I don't want to get
into Pat's business and I think it would be premature to talk about a prosecutor.
Doesn't the Grand Jury just get into a question of indictment? Wouldn't that have
to be brought first before there was any form of prosecution underway?
Kubby/ I think what Dave is suggesting is that if Pat is the person who guides the Grand
Jury through the process, that is may- That whatever result comes may be seen as
bias because he has been so clear and consistent in his determination that he would
not prosecute even if the Grand Jury wanted to indict. So can he really go through
the process and not lead them to that conclusion.
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Norton/ I am assuming that he has the integrity and the Attorney General has the wit, if
that is the case, to get that straightened out.
Kubby/ Well, it is not up to the Attorney General. Pat White is the only person who can
request that a special prosecutor from the Attorney- Unless Pat is absent, disabled
or sick for some reason.
Norton/ I thought he was talking it over with the Attorney General.
Kubby/ He can use- The Attorney General cannot dictate if that happens or not. It is Pat's
discretion. Isn't that true?
Norton/ Well, I'd hate to pre judge Pat's decision in this. Let's see.
Nov/ He has the right to appeal the Grand Jury decision, the judge's decision. He can take
that to court. But basically I believe he has to analyze his own conscience and ask
himself the pointed questions. Based on what he has before him, based on his
behavior, can he present this evidence impartially to the Grand Jury. I expect he
will truly analyze that.
Kubby/ But what- Because I would like the city council to make a statement to Pat White
as a group. I would like for us to say Pat, please think about not appealing this,
follow the judge's ruling and think about- we would like you to use your discretion
to ask that a special persecutor be called in. Not if the Grand Jury indicts but to go
through the whole process. That this is an opportunity to really have the process
be as clean as possible so the Grand Jury can do their work and the community can
keep moving forward on this issue.
Norton/ That would just pre judge Pat. Until something- In other words, that is judging
him before he has made a decision. I understand he is even talking to Judge Eads
about the whole matter. So, it is up in the air. I don't know how he will go. I
wouldn't want to pre judge what he is going to do.
Kubby/ I don't feel like you are listening to the wording I am talking about. I am saying
we would you, in your deliberations and thinking about this, we would like you to
think about it in this way and he can take it or leave it. I understand the decision is
his. I am not asking to take the decision making power away from him even in an
informal way. But if this group does have a majority opinion, I think it is
incumbent upon us to say.
Baker/ It is not incumbent upon us to express that opinion as a body, as an organized
formal statement of council's sentiment. We have individual opinions we ought to
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express. I have done it, you have done it, the rest of the council can do it in their
own way. but I repeat, for this council to say as a body to Pat White we think we
know the way you ought to do the job in this situation is institutional posturing
and we ought not to do it.
Nov/ And particularly we ought not to do it when we know that he doesn't have to listen.
We have no more influence than anybody else.
Kubby/ Right and why not do it in that case. It is coming from a city institutional
perspective and that may or may not have any bearing on his final decision. But at
least he will be clear about what our position is and I don't think it is inappropriate
at all. We politically posture every time we have a meeting. That is what we do.
That is our job.
Baker/ We seldom do it in telling other government bodies directly how to make specific
decisions that relate to their job.
Kubby/ We talk to the county all of the time. We talk to the school board all of the time.
Baker/ But there is a direct connection to us.
Lehman/ Obviously this is a very very sensitive issue. It has been -
Nov/ I don't hear four people saying that we agree with Karen..
Baker/ I encourage seven people to express their opinion individually.
Lehman/ I agree with Larry. You know, from my own personal perspective, I view Pat
White as a very ethical person who made a very very tough decision based on what
information I have received, I think his decision was correct and I would doubt
very much if Pat would be involved in further discussions. I really don't. But that is
up to him.
Kubby/ Is there any other council member who would like to see this body make a
statement as a group besides myself?
Thornberry/ I think, Karen, that if we counted noses and we made a statement to Pat
White, it would be in a way that you would probably not agree with. As a body we
may say to Pat White, if we were to do that, geez Pat, we agree with your
decision, do your job.
Baker/ No, as a body, we shouldn't be saying anything to Pat White.
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Thornberry/ But I don't think- I agree with Larry.
Kubby/ So I am assuming the answer is no to my question. That is what I wanted for the
record. Thank you.
Lehman/ Absolutely for the record.
Nov/ I don't think there are enough people who agree. Is there anyone else who would
like to discuss an item that is not on today's agenda? Okay,
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c. Public hearing on a request for voluntary annexation of approximately
140.5 acres located on the east side of Scott Boulevard, north of
Highway 6. (ANN96-0003) 4kw
Comment: At its February 6 meeting, by a vote of 6-0, the Planning
and Zoning Commission recommended approval of the proposed
annexation. Staff recommended approval in its January 16 staff
report. This public hearing is continued from February 25. J
Action:
D �e
d. Public hearing on an ordinance amending the Zoning Chapter by
conditionally changing the use regulations of approximately 140.5
acres of property located on the east side of Scott Boulevard, north of
Highway 6, from County M1, Light Industrial, to CI -1, Intensive
Commercial (38.93 acres), and 1-1, General Industrial (101.57 acres).
(REZ96-0021) 1e'V-1
Comment: At its February 6 meeting, by a vote of 5-1 with Ehrhardt
voting no, the Planning and Zoning Commission recommended
approval of the proposed rezoning, subject to conditions, consistent
with the staff recommendation contained in its January 16 staff
report. The public hearing is continued from February 25.
Action:
e. Consider an ordinance amending the Zoning Chapter by designating
the East College Street Historic District, as a Historic Preservation
Overlay Zone, for property located along College Street between
Summit Street and Muscatine Avenue. (Second consideration)
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.
Action:
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ITEM NO. 5C.PUBLIC HEARING ON A REQUEST FOR VOLUNTARY
ANNEXATION OF APPROXIMATELY 140.5 ACRES LOCATED ON THE EAST
SIDE OF SCOTT BOULEVARD, NORTH OF HIGHWAY 6. (ANN96-0003)
IYEM NO. 5D. PUBLIC HEARING ON AN ORDINANCE AMENDING THE
ZONING CHAPTER BY CONDITIONALLY CHANGING THE USE REGULATIONS
OF APPROXIMATELY 140.5 ACRES OF PROPERTY LOCATED ON THE EAST
SIDE OF SCOTT BOULEVARD, NORTH OF HIGHWAY 6, FROM COUNTY M1,
LIGHT INDUSTRIAL, TO CI -1, INTENSIVE COMib1ERCIAL (38.93 ACRES), AND
I-1, GENERAL INDUSTRIAL (101.57 ACRES). (REZ96-0021)
Nov/ (Reads agenda).
Lehman/ Your Honor, I think c. & d. need to be continued.
Nov/ However we have to open it in case there is somebody here who wants to talk about
this. I am going to put c. & d. together if I can get a motion to do that. Moved by
Lehman, seconded by Vanderhoef that we combine the p.h. for item c. & d. (reads
agenda item d.) P.h. is now open. You may address the council on either.
Norton/ Did we vote on combining?
Nov/ Did we vote on combining them? Sorry about that. All in favor, please say aye -
(ayes). Okay. We combined them. All right, anyone who would like to talk about
either the voluntary annexation or the change in zoning, please come forward, sign
your name and address and limit our comments to no longer than five minutes.
Okay, nobody.
Kubby/ Before you close the p.h., I have a couple of questions.
Nov/ We have to continue the p.h. but go ahead and ask your question.
Kubby/ In the past, Karin, you talked about not really wanting more warehousing in
industrial areas that the city was involved in because it wasn't a large job creation
enterprise. Has there been any discussion about, even informally, about not trying
to facilitate warehousing into this property?
Franklin/ No, we haven't.
Lehman/ But isn't this a little premature to be discussing that?
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Kubby/ We are creating partnerships and agreements at this point. It seems that those
discussions should happen on the front end instead of the back end.
Franklin/ If it is an issue that a majority of you wish to address, I think now is the time.
Norton/ We can incorporate that into the CZA?
Franklin/ Yes because it is limiting what would other wise be permitted under the zoning.
Kubby/ And I didn't bring this up before because I hadn't thought about it before and we
had this discussion the last time we talked about this. About our economic
development policies and I just started thinking about this value behind those
policies. That if we are spending public money with the private sector benefiting,
what are those benefits that the community gets from that public investment and
numbers of jobs is one of the things that is not part of our policy directly but it is
something that I was thinking about. That if we are going to make some
substantial investments, I want to make sure that there aren't just three forklift
operators at a warehouse.
Franklin/ Actually, it probably would not, as I think about this, would not go in the CZA
but possibly an ancillary agreement with the developer. Because under the CZA,
you are suppose to only impose those conditions that are related to the zoning. If
the zone does not outline exactly what you want there, then that is an issue with
that particular zoning category. It has to do with how the state law relates to the
conditional zoning. So we need to look at that as to what the proper vehicle would
be. But the issue should be addressed now.
Thornberry/ If that were done then, Karen, would an industrial, and I agree with Karen's
position on this. That we don't want this area to be just full of warehouses. But if
you limited or excluded warehousing or a warehouse there, could a company then
not have a warehouse accompanying their business? I don't know.
Kubby/ We could word it as a separate agreement. We could word it however we want it.
Thornberry/ Do you know what I mean?
Kubby/ To create our intent in writing.
Thornberry/ An industrial business may need warehouse space on the property and to
eliminate that warehouse- But I agree, I don't want that area full of warehouse.
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Nov/ Can this zoning issue be written in such a way that warehouses are not allowed
except in conjunction with manufacturing needs?
Franklin/ Again, I am not sure of the precise vehicle we would use for that. But if it is part
of an agreement between the Strebs and the city in terms of this project going
forward as a partnership, then I think we can do it in that. I don't know whether
we can do it in the CZA or that would be the appropriate place to put it.
Baker/ Karin, I just want to get clear that you don't know where it should go but you are
sure that there is an avenue that that concern can be spelled out?
Franklin/ Well, you can always come to an agreement with anyone about anything if the
two parties agree.
Council/ (All talking).
Norton/ I have got a question about this. I can think of a long list of things that one might
now wish to see on that property and therefore I find this perhaps a primrose path
we are starting down here. In other words, there is a long list of activities I just
assume not see.
Franklin/ That are permitted in the Zoning Ordinance?
Norton/ That might be permitted there that we might not prefer.
Franklin/ Well, I think this is going to come to your discussion about what constitutes
financial assistance and what does not. Obviously, if the financial assistance issue is
narrow in that it pertains only to tax increment financing, you then have ultimate
discretion then as to whether you grant that tax increment financing to particular
businesses as they come in and you can make that decision on a case by case basis
with some guidelines in the urban renewal plan that we would adopt for the area. If
it is a more general approach to financial assistance as Karen has suggested where
if we put any kind of money into this area, then it is a little bit more difficult. But
we will just have to work through that.
Norton/ Can't we check that out before the hearing is going to go on next time? We can
check out what restrictions might be imposed and at what point in time.
Franklin/ Yes. I am glad you brought it up tonight because then we can think about this
and have it for discussion on the 17th.
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Kubby/ I need to know, are there other people who have hesitancies about certain kinds of
uses that create very small numbers of employment opportunities?
Norton/ Right, I certainly do.
Nov/ Yeah, small numbers of employment opportunities is a definite consideration. But
because we also have a guideline for the amount of money per hour and what the
employees are being paid, it isn't likely that we are going to end up subsidizing the
warehouse. .
Kubby/ It matters how we decide to implement our economic development guidelines as
to whether what you are saying is true. If we go by what is written here, I would
tend to agree and wouldn't worry about it. But because I don't know that there
are four people to say if you are getting sewer and water tap on fees absorbed by
the city, by the public, that you have to follow those guidelines. I am not sure that
there is support for that.
Norton/ We need to decide that, too.
Kubby/ Yes, that is still up for grabs. It is another reason to bring it up tonight so if people
out there have thoughts about that, they can give us feedback.
Norton/ In other words, what triggers economic guidelines. We need to discuss that a bit
in this case. We need to think what triggers their imposition.
Thornberry/ That is correct.
Lehman/ I' agree with that but is there a method by which we can deal with this on a case
by case basis?
Norton/ After a proposal comes in?
Thornberry/ Not as far as zoning is concerned.
Franklin/ That you can deal with the decision of whether particular company meets some
criteria that you set forth?
Lehman/ Right.
Woito/ Based on the use?
Lehman/ Pardon?
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Woito/ Based on the use of the land?
Lehman/ Yeah, based on the use.
Franklin/ Well or on the jobs created seems to be the issue.
Lehman/ A warehouse that has ten employees and uses five acres might have a total
different impact than a manufacturing facility that has 200 employees on five acres.
I mean is there a way that we can deal with this on an individual basis as to what
incentives the city is willing to provide to the -
Franklin/ It comes back to what you define as financial assistance and incentives and -
Lehman/ Can we do this?
Woito/ Yes but the CZA ahead of time I don't think would be the appropriate place to do
that.
Lehman/ I am not sure it is either. And I don't disagree with Karen at all. I mean if you
put the warehouses on 50 acres and you each have five employees, I certainly think
the amount of financial assistance or whatever from the city would be significantly
different than if we had manufacturing facilities that offer 200 jobs for five acres.
But I think we really need to do that on an individual basis. I don't know that this
is the time to do this if we can.
Franklin/ We would have some general criteria set up because I think it has to be set up at
this time. This is the time to have the discussion. That it would not be something
that would be included in the CZA. That is about zoning. What you are talking
about is what the tradeoff is for financial assistance. So we have to define what
you all mean by financial assistance and then what the criteria are going to be that
you will use for that financial assistance.
Norton/ Is this the case where it is conceivable but things are now going, it looks like it
might be inherently- That financial assistance might already be built into this
system already that is quite a part from a TIF.
Franklin/ That is the discussion that we are going to have on the 17th. I think there is
some differences of opinion about that.
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Kubby/ But the answers to those questions I believe should be done up front and may or
may not have an impact on my decision to vote yea or nay on annexation or the
rezoning.
Franklin/ It also may have an impact on whether the private partner in this continues.
Lehman/ I think that is a very important point, too, and we have looked at the absence of
industrial property. We don't have any and we have talked about the city buying
property and whatever. We have a private developer who apparently is willing to
invest money, he wants to be annexed, he wants this to be industrial and whatever.
There has got to be some tradeoffs there, too. It could be saving the city a lot of
money and whatever for this individual to buy this property, make it available for
industrial development and I just think there are tradeoffs and you know, what the
bottom line is, I really don't know. But I think we really have to look at this fairly
closely.
Thornberry/ I think, Ernie, on the 17th we are going to have a little discussion about this
and when you start saying that we don't want a warehouse with five people but
start up companies generally start with fewer employees and they add as they
grow. Now, if you get into the micro -management of saying okay, how many are
you going to have in three years, how many people are you going to have in five
years, how many people are you going to have in seven years and this is what we
are going to give you if you do reach those goals and if you do not, you got to pay
someone. I don't think we should be able to get into that.
Lehman/ You know, Dean, you sound like a newspaper reporter.
Nov/ The CEBA applications are very much like that.
Thornberry/ Yeah and when you say -
Lehman/ And that is not really what I said.
Thornberry/ Well, based on the number of people that a company has doesn't necessarily
mean when they start up, meaning that that is what they are going to have later on.
Lehman/ No, no, no. I realize that.
Kubby/ But we know for a fact that businesses like warehousing don't employ very many
people and we need to look at -
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Thornberry/ There is a difference between warehousing and commercial or I mean on
industrial manufacturing and as they grow, they employ more people and if you are
saying well, you are only employing 14 people. I know that they are all PhDs. But
you are only employing 14 people, right now, so you are only going to get 25% of
the money you would have gotten had you employed 500 people.
Nov/ We don't have to argue this point. We all agree with you.
Lehman/ I hear you. You are right.
Thornberry/ We can talk about that on the 17th.
Nov/ Any other discussion on the council? Okay, now we need a motion to continue.
Moved by Kubby, seconded by Lehman to continue to March 18th. Any
discussion? Okay, all in favor, please say aye- (ayes). Motion carries.
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ITEM NO. 5E CONSIDER AN ORDINANCE AMENDING THE ZONING CHAPTER
BY DESIGNATING THE EAST COLLEGE STREET HISTORIC DISTRICT, AS A
HISTORIC PRESERVATION OVERLAY ZONE, FOR PROPERTY LOCATED
ALONG COLLEGE STREET BETWEEN SUMNIIT STREET AND MUSCATINE
AVENUE. (SECOND CONSIDERATION)
Nov/ Moved by Kubby, seconded by Norton. Discussion.
Thornberry/ Yes, I wasn't at the last council meeting but at the one before I had a lot of
consternation about this designation of an area. In the period of time since then I
have gotten a lot of feedback for the people in the area and they have convinced m
that it would be proper to have this designation. So I will be voting for it.
Kubby/ Wow.
Lehman/ Dean, I have to second that.
Nov/ You have had a lot of calls, too.
Lehman/ No, I have not had a lot of calls but we have not had anybody appeal to council
for changes in these districts. Apparently they are working and they are working
well. The concept bothers me a little bit but we have had nobody complaint about
it and they are working. So I think it is a good idea.
Baker/ They work as well as the individual site designation.
Thornberry/ When there is not a problem with the owner of the property. See, I am
balancing the difference between property rights and neighborhood integrity and
that is the real problem that I had. A person that has property should be able to do
with their property what they see fit for that property when it does not bother their
neighborhoods. When it does not bother their neighbors. Now what is to say that
some of these houses, even though they are in this historic preservation district
cannot be converted to apartments. They can be. And they have a lot of college
students in these houses but they can't tear the three houses down and build a one
complex that would not -
Norton/ They can't build a rabbit warren.
Thornberry/ I don't know.
Kubby/ Does that means bringing the Pesticide Ordinances back?
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Lehman/ Oh, forget that one.
page 2
Thornberry/ I think the neighborhood integrity vote won out in my mind with the people
that have talked to me about this area.
Council/ (All talking).
Norton/ Vote this way even when there are objections with Dean.
Nov/ Okay. Any other discussion? Roll call- (yes). Second consideration has been
approved.
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f. Consider an ordinance amending the Zoning Chapter by designating
the College Green Historic District, as a Historic Preservation Overlay
Zone, for property located generally around College Green Park, along
E. College Street from Dodge Street to Governor Street, and along S.
Dodge and S. Johnson Streets between E. College and Burlington
Streets. (Second consideration)
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.
Action:
i
g. Consider an ordinance vacating Gable Street, a developed right-of-way
east of Sycamore Street, south of Lakeside Drive. (VAC96-0004)
(Second consideration)
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, the
provision of an acceptable public access easement to provide a trail
connection to property to the south, and subject to approval of the
proposed preliminary and final plats of Mount Prospect Addition, Part
VIII. An acceptable public access easement has been identified. Staff
recommended approval in a memorandum dated January 16.
Action: cJ
7 37'15 h. Consider an ordinance amending the Zoning Chapter by changing
the use regulations on a 40.7 acre parcel located on the north
side of Rohret Road, east of Highway 218, from RS -5, Low
Density Single -Family Residential, to OSA-8, Sensitive Areas
Overlay/Medium Density Single -Family Residential. (REZ96-0020)
(Pass and adopt)
Comment: At its December 5 meeting, by a vote of 6-0, the Planning
& Zoning Commission recommended approval of the proposed
rezoning subject to conditions pertaining to the timing of the
extension of the proposed Shannon Drive north to the property line,
the incorporation of traffic calming techniques into the design of
Shannon Drive, the approval of a Grading Plan prior to Council
consideration of the rezoning, and noting that no specified number of
dwelling units is being approved for Lot 53, which will be the subject
of a future rezoning request prior to development. Staff recommended
approval in the November 21 staff report.��I
Action:
#5f
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ITEM NO. 5F CONSIDER AN ORDINANCE AMENDING THE ZONING CHAPTER
BY DESIGNATING THE COLLEGE GREEN HISTORIC DISTRICT, AS A
HISTORIC PRESERVATION OVERLAY ZONE, FOR PROPERTY LOCATED
GENERALLY AROUND COLLEGE GREEN PARK, ALONG E. COLLEGE STREET
FROM DODGE STREET TO GOVERNOR STREET, AND ALONG S. DODGE AND
S. JOHNSON STREETS BETWEEN E. COLLEGE AND BURLINGTON STREETS.
(SECOND CONSIDERATION)
Nov/ Moved by Vanderhoef, seconded by Lehman. Discussion.
Thornberry/ Same comment as e.
Nov/ Thank you very much. That was succinct.
Norton/ Did the five minute clock get him?
Thornberry/ The red light went on.
Nov/ Any other discussion?
Kubby/ I just wanted to say one other thing and that is a big thank you to the Historic
Preservation Commission. I know that it takes a lot to prepare the historic district,
doing block by block neighborhood meetings by providing leadership to the
community on this issue and I very much appreciate the time and energy.
Norton/ I hope that you will convey that to the members. I know that some of them made
a lot of those 40 phone calls and visits.
Thornberry/ 40, is that all you got?
Norton/ No, I mean they talked to these people at great length about a very delicate
matter.
Nov/ This is a hard working volunteer commission. we did have some professional help
here but the city's matching grant was volunteer labor and a lot of it was
commission folks.
Thornberry/ There was a lot of it.
Nov/ Yes, indeed. Roll call- (yes). Second consideration has been approved.
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qq-&5
__ 9 7 - 4-1
i. Consider a resolution approving the preliminary plat of Walden Hills, a
40.7 acre, 53 -lot residential subdivision located on the north side of
Rohret Road, east of Highway 218. (SUB96-0028)��
Comment: At its December 19 meeting, by a vote of 5-0-1, with
Ehrhardt abstaining, the Planning and Zoning Commission
recommended approval of the preliminary plat, subject to the approval
of the Sensitive Areas Overlay rezoning of the property, and subject
to the approval of a grading plan. Staff recommended approval in its
December 19 staff memorandum. The grading plan has been
approved.
Action:
j. Consider a resolution setting a policy of the City Council regarding city
street access to West High School.,?�P�c/�0
Comment: In conjunction with discussion of Walden Hills, the City
Council considered the future issue of access from West High School
to an extension of Shannon Drive, a collector street in the Walden
Hills subdivision. This resolution states the Council's intent to
consider such an access point with the future platting of the Galway
subdivisions and reserves the right of the City Council to restrict or
prohibit access from the school to neighborhood streets.
Action: &te d
k. Consider a resolution approving the final plat of a Resubdivision of
Lot 2, Westport Plaza, an 11.41 acre, Not commercial subdivision
located south of Ruppert Road. (SUB97-0002)
Comment: At its February 20 meeting, by a vote of -0, the Planning
and Zoning Commission recommended approval of the final plat,
subject to the approval of legal papers. Staff recommended approval
in its February 20 staff report.
Action:
#5i
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ITEM NO. 5I. CONSIDER A RESOLUTION APPROVING THE PRELIMINARY
PLAT OF WALDEN HILLS, A 40.7 ACRE, 53 -LOT RESIDENTIAL SUBDIVISION
LOCATED ON THE NORTH SIDE OF ROHRET ROAD, EAST OF HIGHWAY 218.
(SUB96-0028)
Nov/ Moved by Lehman, seconded by Norton. Discussion.
Kubby/ Although I voted no on the zoning, now that that has been decided I don't have a
problem with how the development is laid out under that zoning that the majority
decided upon. So I will be supporting the plat.
Vanderhoef/ And I voted no on the zoning and I still have a problem with the design of the
streets and possibility of more traffic than what is being anticipated. So I will
continue to vote no on this.
Nov/ Roll call- (Yes; Vanderhoef-no). We have approved this on a 6-1 vote, Vanderhoef
voting no.
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ITEM NO. 5J CONSIDER A RESOLUTION SETTING A POLICY OF THE CITY
COUNCIL REGARDING CITY STREET ACCESS TO WEST HIGH SCHOOL.
CHANGE TAPE TO REEL 97-45 SIDE 1
Nov/ Moved by Thornberry, seconded by Kubby. Discussion.
Vanderhoef/ Are we approving the one that is in the packet or-
Kubby/ The new one.
Baker/ New one.
Nov/ The one the we amended last night. We had the word prohibit in the description in
the council comment section. We did not have prohibit in the actual resolution. We
changed that in the resolution yesterday. Any other discussion? Roll call- (yes). We
have approved this resolution.
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ITEM NO. 6. PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF
q2_ COST FOR THE CONSTRUCTION OF THE PARK ROAD STORM SEWER
PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY
EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS,
AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS.
Comment: This project involves construction of storm sewer
improvements from the Lower City Park entrance to the Park Road
Bridge. The improvements are designed to reduce storm water flooding in
the area caused by collapsed storm sewers and inadequate intakes. The
bid opening will be at 10:30 am on Tuesday, April 1, 1997. The
estimated cost of construction is $75,000, and funding is from General
Obligation bonds.
a. PUBLIC HEARING
Action:
b. CONSIDER A RESOLUTION APPROVING
Action:
ITEM NO. 7. CONSIDER A RESOLUTION ADOPTING THE ANNUAL BUDGET
97- '71 EXCLUDING HACAP AND FREE MEDICAL CLINIC FOR THE FISCAL YEAR
ENDING JUNE 30, 1998.
Comment: A public hearing was held on February 25, 1997, to receive
public input on the fiscal year (FY) 1998 Operating Budget. State law
requires that the City adopt only a one-year budget. Council now
proceeds to adopt the annual budget for the' fiscal year ending
June 30, 1998 (FY98) so that it may be certified to the Johnson County
Auditor by March 15, 1997 in the format required by the State. The
expenditures for HACAP and Free Medical Clinic totaling $11,865 will be
approved by a separate resolution.
Action: cJ
�7j
ITEM NO. 8. CONSIDER A RESOLUTION ADOPTING THE ANNUAL BUDGET FOR
27- '7 Z HACAP AND FREE MEDICAL CLINIC FOR THE FISCAL YEAR ENDING
JUNE 30, 1998.
Comment: See above. ,
Action:
F�Ir
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ITEM NO. 6 PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE
OF COST FOR THE CONSTRUCTION OF THE PARK ROAD STORM SEWER
PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY
EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND
FIXING TIME AND PLACE FOR RECEIPT OF BIDS.
a. PUBLIC HEARING
Nov/ P.h. is now open. Okay.
Lehman/ I love it when Rick smiles.
Nov/ He has a nice smile.
Lehman/ And there is nobody talking about it.
Nov/ Okay, now, I have a question for Rick or somebody who has an answer. Is this a
storm sewer that has something to do with the flooding? Is that in anyway
connected?
Rick Fosse/ No. We had problems in this area before the flood of `93. There is a portion
of the storm sewer that drains that low point just west of the bridge that has
collapsed and during heavy rains that part of the arterial street floods out and we
have problems there and this is one that we have been putting off for a number of
years and we just need to get it done.
Nov/ It is a relatively short distance there.
Fosse/ Yes.
Thornberry/ $75,000 worth.
Nov/ Yeah, it is expensive money for a short distance. Well, we have good results on bids
lately. Maybe it will come in at less than $75-. Any other discussion? Okay. The
p.h. is closed.
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ITEM NO. 7 CONSIDER A RESOLUTION ADOPTING THE ANNUAL BUDGET
EXCLUDING HACAP AND FREE MEDICAL CLINIC FOR THE FISCAL YEAR
ENDING JUNE 30, 1998.
Nov/ I also have to add that this resolution which approves a budget in total of
$123,299,055 which was not in the comment section. Moved by Lehman,
seconded by Thornberry. Any other discussion?
Kubby/ Yes, I have discussion. I cannot make with one vote a decision about $129 million
without commenting on it.
Nov/ I think it was $123 million, whatever it was.
Kubby/ I have seen a figure of $153- somewhere else in our budget.
Nov/ It is a lot of millions here.
Kubby/ And for me it is one of the most important votes of the year every year and it is
really the blueprint for our community values and what kind of services we are
going to provide and where we want to get things done. It is our collective agenda
as a community and I really have kind of four areas of comments and one of them
outlines a couple of things that the city council- There was a majority for each of
these things that were added to what the City Manager proposed to us and these
are four things that I strongly agree with. And the first one is that we directed that
we add a half time investigator to the Human Rights Division so that our total
compliment will be two full time investigators to do education and take complaints
about human rights violations and hopefully we will get that HUD money for any
additional housing complaint education and complaint taking. The second addition
that I wanted to highlight was a one full time maintenance person for P/R that will
be split between additional maintenance for d.t. as well as for maintaining our
parks. When we agreed to the Open Spaces Ordinance where with every new
subdivision part of the infrastructure is not only streets and sewers and waters but
it is also open space to be dedicated to the community. We also need to maintain
that space we bring in and so this is one way that we can live out that value. I am
very glad that we put some money back into the Fire and Transit Reserve Fund. I
think we need for those very large expenditures. I mean $250,000 plus for a bus
and $500,000 at least for a new ladder fire truck is a lot of money and I am glad
that we are saving a little bit every year towards those purchases in the future. And
the last thing we added to the City Manager's proposal and we are the only people
who can do that and that is we are giving the next council a raise in January of `98.
It has been 14 years since the city council has had a raise. The issues are more
complicated, it takes a lot more time to understand what we need to make the
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decisions and it is long overdue. There are three areas where in the budget I would
cut some things and the first one is $10,000 for the design of the terminal building
at the airport. The community is going to be making a $1 million investment in the
current airport which I have some hesitations about but I think the least the private
sector could do is to do some fundraising and development of the terminal building
since that is not a reimbursable cost from the federal government. The other place
I would cut is Steve suggested that- Well, R. J. requested and Steve agreed that a
community service officer which is not a sworn officer take over the evidence
room and investigation of bad checks and do lab and film work. And it might be a
good idea but I just don't want to put my money there this year. I guess I would
like to slow down on so many new employees knowing that we are going to need
to have more police officers in the future. And thirdly a place where I would cut is
I wouldn't give so much money to ICAD, the Iowa Community Area Development
group. I think they serve a very good purpose but I just don't think we should give
them $50,000 which is a very large percentage of their overall budget. I think it
should be smaller than that. The third thing is I am very happy that Larry Baker
and Dee Norton have been challenging us to think about a steady funding source
for arts and culture and I hope that in the future we have further discussions about
that from Hotel Motel Tax most likely. That it will not only be for festivals but for
public art. So I am very thankful for you two for bringing that to our attention and
making us focus on that. My last section is just some general comments. There is
no money in this budget for the PCRB process or staffing and we all are
supporting that process and we know it is going to cost and I guess I just- We
know we are going to have to fund it and so I think we should put something in
this budget for that and we will have to find the money this year anyway, this next
FY because it is going to happen within that time frame I am assuming. I am very
happy with our continued support of our Transit system. I think it is just a real
important part of what makes Iowa City a good place to live and makes d.t. a
stronger place. I hope that we can in the future find some ways to both challenge
and reward employees for coming up with quality enhancing ideas for the city,
customer friendliness which is one of our collective council goals and for cost
savings. I am not real sure what all the methods are for doing that but I hope that
we can figure it out for next year. And two last comments. One is we have a
Citizens Summary of the budget which is suppose to kind of hone down and
highlight some of the changes in the budget from last year and it is really hard to
make a document like that truly accessible to people and it is getting better. We
didn't use to have it before Steve Atkins came to Iowa City as our City Manager.
We now have it and every year it is getting a little more graphic which to me is an
educator. It makes it easier for people to understand the information and it helps
when people understand the budget and the process and can give me feedback. It
helps you as citizens in this democracy oversee what we are doing with $120 some
million and I welcome that oversight. Anything we can do to help you oversee us
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better is a good thing. And lastly I want to thank the council for allowing this
second resolution so that I would have the privilege of voting on the full budget.
Thank you very much.
Norton/ I would like to add a comment about that. This is a version of that document on
the Citizens Summary, the budget, which is, as Karen suggests, quite helpful but
still not all together easy to follow. I have worked several times now with our
Finance Director in conceiving of different ways of presenting the information.
Some of the material we picked up at the League of Cities meeting that show a
little bit more easily the results and where the money comes and where it goes.
Also I just want to comment the fact that the total figure that they were quoting of
course includes capital funds and it includes enterprise funds where people pay for
things, dollar in and dollar out as well as the money funded from taxes and other
revenue sources. The tax part of it is probably about $20 million and enterprise
funds are another $40- and capital is probably $90- of that. $150- is or $60- to
$90- is capital money. So.
Kubby/ It is federal money. It is grant money.
Norton/ Yeah. When grant money comes in, other funds produce another $30 million. So
it is a very complicated set of sources. Not all of it by any means out of direct
taxes. But it is worth your time. We would like to have people help us look at the
budget and we seldom get much response. But we certainly encourage it.
Nov/ Well, that is true. When I was talking about our total, I was talking about our total
expenditures which of course is a lot more than just property taxes. Any other
discussion?
Thornberry/ My only comment was that I know that the comments made were very
prophetic and if I wasn't sure that you were going to vote for this, I would have
thought it was a filibuster. But, you know, it is a good budget and Don Yucuis has
done a fantastic job crunching the numbers and it is just a big big job. I just wish
that it were a lot smaller and I am still one that believes in privatization.
Nov/ Which may or may not cost less. We have not had great results.
Thornberry/ Well, we haven't given it all that much -
Nov/ That is true.
Thornberry/ But I can't not pass that up. I believe in privatization.
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Nov/ Okay.
page 4
Lehman/ Well I am just a little hoarse. I think it is very important that the public realize
this budget is a target and I think our record over the last 4-5 years has indicated
that we have been very very close to our target. Not always exactly in whatever
fields we have done but I think that our city administration has done a tremendous
job. Whenever we tried to spend extra money, they warn us, it wasn't in your
budget. We are a AAA bond rated city, one of I think 38 cities in the country.
Atkins/ Yes.
Lehman/ One of 3 8 cities in the entire country, AAA bond rated.
Nov/ I think you ought to explain what that is since we -
Lehman/ That is the highest rating you can get for selling municipal bonds. We get the
lowest rates that you could get anywhere because we are financially responsible.
Nov/ We pay low interest rates..
Lehman/ Yes because we are financially responsible. We are conservative. We do a good
job. And again, I think the budget is a target and you know, there are certain
things in the budget I agree or may not agree with and those things may change
minimally during the years. But I think over the years we have done an incredible
job and I think it is a real credit to our Finance Director and to our City Manager
and our Assistance City Manager, our department heads that work very very hard
to keep this city fiscally responsible.
Vanderhoef/ I will second that Ernie.
Nov/ Okay. Any other discussion? Roll call- (yes). We have approved the budget.
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ITEM NO. 8 CONSIDER A RESOLUTION ADOPTING THE ANNUAL BUDGET
FOR HACAP AND FREE MEDICAL CLINIC FOR THE FISCAL YEAR ENDING
JUNE 30, 1998.
Nov/ Moved by Norton, seconded by Vanderhoef. Discussion.
Thornberry/ What was the reason for taking this out of #7?
Kubby/ Because I am on the Board of Directors at both HACAP and Free Med Clinic and
therefore I wear two hats and I feel like- It is not a legal conflict but I feel that it is
an appearance of a conflict.
Lehman/ I appreciate that.
Nov/ It is taken out so Karen may abstain.
Kubby/ Thank you.
Nov/ Is there any other discussion? Roll call- (Yes; Kubby-abstain). Okay, we have
approved this resolution on a 6-0-1 vote, Kubby abstaining.
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ITEM NO. 9. CONSIDER A RESOLUTION APPROVING THE FINANCIAL PLAN FOR THE
CITY OF IOWA CITY, IOWA, FOR FISCAL YEARS 1998 THROUGH 2000
AND THE THE MULTI-YEAR CAPITAL IMPROVEMENTS PROGRAM
THROUGH FISCAL YEAR 2002.
Comment: A public hearing was held on February 25, 1997, to receive
public input on the FY1998 through FY2000 three-year Financial Plan and
the multi-year Capital Improvements Program through Fiscal Year 2002.
Council now proceeds to adopt the three-year Financial Plan and multi-
year Capital Improvements Program.
Action:
7
ITEM NO. 10. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND
R7_ THE CITY CLERK TO ATTEST AN IOWA DEPARTMENT OF
TRANSPORTATION FUNDING AGREEMENT FOR THE WOOLF AVENUE
BRIDGE RECONSTRUCTION PROJECT [BRM -3715(4)--8N-521.
Comment: This agreement provides for an 80% Federal / 20% City
funding split, up to a maximum amount in Federal funds of $850,000.
This project involves the removal and replacement of the Woolf Avenue
bridge, which spans over Highway 6 and the CRANDIC Railroad, and new
pavement from Newton Road to Bayard Street. The preliminary
estimated construction cost is $1,304,000. The local share of this
project will be funded with Road Use Tax revenues and General
Obligation bonds.
" "F00, WA
o/olo W,
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ITEM NO. 9 CONSIDER A RESOLUTION APPROVING THE FINANCIAL PLAN
FOR THE CITY OF IOWA CITY, IOWA, FOR FISCAL YEARS 1998 THROUGH
2000 AND THE THE MULTI-YEAR CAPITAL IMPROVEMENTS PROGRAM
THROUGH FISCAL YEAR 2002.
Nov/ Moved by Lehman, seconded by Thornberry. Discussion. All right, for the purposes
of clarification, a Capital Improvements Program is a long term plan to construct
various city infrastructure, things like water plants and sewer and streets and things
like that. And we often project that as far ahead as the year 2002 and there will be
items on our CIP that have no designated date. It just says beyond 2002.
Thornberry/ And also things can be moved around every year and we moved several
things around for this coming year. Things that were beyond 2002 we moved up
and some things we moved back and they can do that, every council can do that
every year. Just because it is down there it is not chiseled in stone. It can be
moved.
Kubby/ It is not part of the infrastructure.
Nov/ Not yet.
Vanderhoef/ It is recognizing a need that may or may not be affordable at the moment.
Thornberry/ Or even observable.
Nov/ These things happen. As we have discussions on CIP we move things around. Any
other discussion? Roll call- (yes). We have approved this resolution.
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ITEM NO. 10 CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST AN IOWA DEPARTMENT OF
TRANSPORTATION FUNDING AGREEMENT FOR THE WOOLF AVENUE
BRIDGE RECONSTRUCTION PROJECT [BRM -3715(4)--8N-52].
Nov/ Moved by Vanderhoef, seconded by Lehman.
Baker/ I would just like to comment that years ago on a previous term on this council we
were talking about this bridge project even back then.
Nov/ It is true.
Baker/ And it has taken 15 years to finally move it up through this CIP to get it done. So I
suppose there is hope for everything.
Nov/ Larry, what we are doing here is waiting for it to get to the top of the list for federal
funding. We could have done it if we wanted to put in the whole million dollars by
ourselves.
Baker/ We still talked about it, waited for the money to show up.
Nov/ Right and it took us that long to get to the federal priority top of the list.
Kubby/ What bridges should we make sure on the list today for the next century?
Baker/ The bridge for the 21st century.
Lehman/ That is also why we have plywood sheets wired up underneath that bridge to
keep concrete from falling on cars that are driving underneath.
Nov/ That is right. Don't look up if you are driving through that bridge.
Kubby/ I think it is kind of funky.
Norton/ Pretty flimsy.
Lehman/ Funky unless to fell on your car.
Nov/ It rattles a bit when you walk across it also. It doesn't take much traffic to rattle it.
Lehman/ I am afraid to walk across it.
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Nov/ No, it is not that bad, please. Don't even joke that way.
Baker/ We got to privatize that bridge -
Lehman/ Toll bridge:
Council/ (All talking).
Nov/ Are we ready? Roll call- (yes). Motion carried.
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ITEM NO. 11. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING
MAYOR TO SIGN AND CITY CLERK TO ATTEST A CONTRACT FOR
CONSTRUCTION OF THE MELROSE AVENUE RECONSTRUCTION
PROJECT, PHASE II (HAWKINS DRIVE TO BYINGTON ROAD)
[PROJECT NO. STP -U-3715(7)--70-521.
The bid' opening for this project was held by the Iowa Department of
Transportation in Ames, Iowa on February 18, 1997. The following bids
were received:
Metro Pavers, Inc., Iowa City, IA $912,659.60
Streb Construction Co., Inc., Iowa City, IA $962,300.52
Tschiggfrie Excavating Co., Dubuque, IA $983,614.70
Engineer's Estimate $948,659.55
Public Works and Engineering recommend award of the contract to
Metro Pavers, Inc. This project will be funded with Road Use Tax
revenues, General Obligation Bonds and $442,000 of Federal -Aid Surface
Transportation Program money. Construction will begin during
March 1997 and is expected to be completed by September 1997.
Action:
ITEM NO. 12. CONSIDER A RESOLUTION AUTHORIZING FUNDING OF THE
22- 2 (, PROFESSIONAL SERVICES AGREEMENT BETWEEN THE IOWA CITY
AIRPORT COMMISSION AND ACSG, INC. FOR CONSULTANT SERVICES
TO IMPLEMENT THE LAND ACQUISITION AND AVIGATION EASEMENT
ACQUISITION COMPONENT OF THE IOWA CITY AIRPORT MASTER
PLAN.
Comment: The Iowa City Airport Commission has negotiated a contract
with its selected consultant, ACSG, Inc. of Naperville, Illinois to serve as
the Commission's consultant for acquisition of land in fee and avigation
easements in accordance with the Iowa City Airport Master Plan. The
not -to -exceed cost of the first three phases of the contract is
$44,651.80. The subsequent phases of the contract will be negotiated
after the completion of the first three phases. Ninety percent of the
consultant's fees are eligible for reimbursement under the FAA Airport
Improvement Program. Staff memorandum included in Council packet.
Action:
11 o It
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ITEM NO. 12 CONSIDER A RESOLUTION AUTHORIZING FUNDING OF THE
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE IOWA CITY
AIRPORT COMMISSION AND ACSG, INC. FOR CONSULTANT SERVICES TO
IMI'LEMENT THE LAND ACQUISITION AND AVIGATION EASEMENT
ACQUISITION COMPONENT OF THE IOWA CITY AIRPORT MASTER PLAN.
Nov/ Moved by Vanderhoef, seconded by Thornberry. Discussion.
Norton/.Well, I need some more, what shall I say, reminders I guess of the nature because
this is another step in our commitment towards bringing the airport up to FAA
standards, not expanding it but bringing it up to current modern standards and
safety and so on. But I have had a number of calls with people expressing doubts
about the airport and I just wondered if Ron or somebody could, without a
disposition of do -along, could you tell us a little bit about the options we face. I
know a commitment was made in October I think of `95 if I am not right or
wrong, something about that time. The current commitment was made to proceed
with this option. Can you review for us what it would have cost had we not gone
this route. Suppose we would have canceled the airport altogether. Would we
have been obligated to repay some to FAA?
Ron O'Neil/ There are some funds that we might have been- what we more than likely
would have been obligated to.
Norton/ Funds we had received over the last ten years?
O'Neil/ That is correct. Well, anything that we had received over the last 20 years because
normally a sponsor assurance is a 20 year assurance.
Norton/ Do we have any notion of that number?
O'Neil/ Oh, in the last eight years it has been about $1.2 or 1.3 million that we have
gotten.
Norton/ So it would have been some number bigger than what we are projecting now to
go ahead?
O'Neil/ Of our share of it, that is correct.
Kubby/ Would we have had to pay that whole amount back or a pro -rated amount of that?
O'Neil/ You know, I have had this discussion with different FAA officials and since it
never happens that they get into a situation because, you know, when people make
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the commitment they stick with it. I think we could possibly be made to pay it all
back. It would have to play itself out.
Norton/ But there were other options considered. What I am trying to suggest is that in
some ways we are proceeding. I mean there is a considerable body of sentiment, I
take it, that thinks the airport is an important element in the community. Perhaps as
a future attraction of industry if necessary and so on. But there also was no
cheaper ways to get out of it. In some ways going ahead is about as reasonable an
option that we had. Is that correct?
O'Neil/ I think it is. I think you brought up a point with Wolf Avenue Bridge. It is
something that the safety areas are things that should have been purchased 20-30,
maybe 40 years ago. They just, for whatever reasons, they weren't. Now it is time
to make sure that we maintain a safe airport. You have to remember, the areas that
we are looking at in this particular project are areas on the ground. These are for
the safety of the people on the ground. That is the designation of making sure
these areas are as clear as possible.
Kubby/ I guess I, in terms of the bigger picture of the whole Master Plan -
Norton/ Because I would like to make sure this is understood.
Kubby/ I don't know that I am going to clear anything up. I guess I have always been very
hesitant and this is- I am not into privatization but this is one municipal service that
I think should be privatized and that one of the biggest arguments is the economic
development argument and there is supposedly a trickle down to the whole
community and I guess I just don't see it. This is- I think it is pretty indirect and
hard to put a finger on that and if that if it is that important to economic
development, there is, you know, when you think about all of the million dollars
that we are going to spend plus some things that aren't part of the Master Plan that
we are going to spend money on. We could use that money for economic
development purposes. What could we do that could have more direct trickles to
the community? And I just am not sure that I can support public investment in a
general aviation airport and if the private sector wanted to take it over, I would be
very happy to help facilitate that and work out whatever would need to be worked
out.
Lehman/ You know, Karen, I hear what you are saying. I totally disagree with you.
Kubby/ I am glad you finally say that. You have never said that before.
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Lehman/ Because I don't normally totally disagree with you. Occasionally I do. On this
one I think you are absolutely out of line. When I look at the number of people
who fly in here to the University for athletic events, University Hospitals, to the
industries that we have here, that airport is a tremendous economic benefit to this
community. This discussion took place, what, two years ago, three years ago.
Nov/ Four years ago, five years ago. We do it every year.
Kubby/ It is nothing new coming out of my mouth.
Lehman/ I thought we settled this. We talked about a new airport. We decided it was not a
good idea to move the present airport. We decided it was a very very important
economic component of this community and we decided that we would go forward
with this plan which in fact we have done. And to me, at this point in time, this is
not the time to question whether or not this is an important part of the economic
community of Iowa City. I mean, I think we have determined that.
Norton/ I just want to refresh the minds of people who are listening that this has been
gone over a number of times and this conclusion has been reached and formalized
in `95 and that we are going ahead within that plan.
Kubby/ But it doesn't mean that everybody supported all of those decisions.
Lehman/ No, no, no. I don't disagree with that. But I think when you tell somebody to go
forward with something, you don't question him at the 11th hour.
Thornberry/ Well, you can question it until the decision is made. The decision has been
made. All we are doing now is implementing the portions of the contract basically
that was agreed in prior.
Lehman/ Well, basically we are questioning it and I disagree with that.
Baker/ I am just confused. Karen, with all due respect, I don't remember you being this
adamantly opposed in a formal vote before.
Kubby/ We haven't been implementing the Master Plan before.
Lehman/ We authorized it.
Baker/ But we have been talking and talking. We authorized it. We have voted on all sorts
of little things along the way. I just assumed that you had expressed your reluctant
but support prior to this and had voted accordingly in the past.
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Kubby/ No, they even put me years ago in the feasibility study to get me more information
about the airport and what this whole process is about and I was very grateful to
learn more about the workings of the airport but it doesn't mean that I support
public ownership of the airport. I think it is socialism at its worst for our
community where we are and where the airports are and what we need to be
spending money on at this time.
Baker/ I understand that but I don't necessarily disagree with you about whether or not
this is one of those things that ought to be privatized. But no private developer is
going to go in there and pay the cost. That has been pretty obvious. I am just
surprised that in all of the private- We had votes on various things. It just seems
that this- I mean, maybe this is Ernie's confusion as well.
Lehman/ I guess my other thing is when have you ever been concerned about socialism?
Kubby/ What do you mean?
Lehman/ Exactly what I said.
Norton/ This gets into a larger issue.
Kubby/ Yeah, I am a democratic socialist and I am concerned about it all of the time and I
think this is an area where social policy in this direction is not healthy.
Baker/ But you voted for airport projects.
Nov/ Folks -
Lehman/ This isn't going anywhere.
Nov/ This isn't going anywhere.
Norton/ I still think it is important that the listening audience understands what we are
doing here. We are moving along one plan that has been agreed to over the last
several years and that is one of the cheaper options that faced us in some senses. I
don't know whether that is altogether true if you sold off the whole thing and
spent down to zero, I don't know. But you have decided other wise long since, so -
Nov/ We don't have the authority at the moment to sell it. This is not today's vote.
Norton/ Okay.
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Vanderhoef/ And today's vote is more about things that had been put off like Ron said.
That we truly are in the process of making a safer surrounding to the airport. That
is what these things are.
Norton/ But it is a serious commitment to the process.
Vanderhoef/ It is a serious commitment. However, whether the airport project was going
to go on further or not, this would be- this part of the project is a part that is
important whether we go any further from this at all.
Norton/ Well, if I was just going to fly, you know, employee airplanes in there, I wouldn't
be getting these big easements at the end of the runway. So this is a commitment.
Nov/ Right. And though this may not be as much economic development as some people
might like it to be, it is an important segment of the UI Transplant Program. The
fact that we do have a local airport and local small airplanes is a big help to them in
that respect. Any other discussion?
O'Neil/ I just want to make one comment. As we discussed last night, the contract was
contingent upon your approval and also review and comments from the FAA and
we did receive those comments today. There are some minor language changes,
some boiler plate information that they want in the contract which gives them
access to records and I think that actually Karen brought up last night about
detailing a little bit more their cost proposals as in line iteming, what they charge
per hour per different type of people. And that was just an oversight. We actually
do have that information and it will be incorporated.
Norton/ Did they enclose a check?
O'Neil/ It was a phone call.
Vanderhoef/ And the figures we were given last night were -
O'Neil/ They are correct. It won't change the bottom line at all.
Vanderhoef/ Thanks.
Kubby/ And even though I won't be supporting this, I did have some concerns for the
consultant about relocation issues and about the possibility for land swaps instead
of money and they answered my questions very satisfactorily and I think in their
task, they will do a good job.
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O'Neil/ I also have a document I found for you today that spells out this particular
process, land acquisition, and it gives some general details about relocations and I
will get that.
Kubby/ That would be great. With the federal guidelines -
O'Neil/ I will get to all of you. It is about 20 pages. It is fairly simple.
Kubby/ Thanks, Ron.
Thornberry/ Karen, just to clarify. I wasn't on the council when the Master Plan was
adopted. Did you vote for the Master Plan?
Kubby/ I don't remember. I may have and maybe it was just a lapse on my part if I did
vote for it. I don't remember specifically if I voted for it or not. We could certainly
look back to the record.
Woito/ I don't think there was a formal vote.
Kubby/ I don't remember that either. I think it was nods of heads But -
Thornberry/ It is a $10 million project.
Woito/ The Commission is authorized under state law to operate the airport, not you. You
can only own it.
Kubby/ But there was lots of discussion and I was involved in that discussion and I have
always talked about my hesitancies and-
Woito/ I don't think there was a formal vote.
Thornberry/ All I did was ask if you voted in favor of the- for the Commission to proceed
with the Master Plan. I don't know because I wasn't on the council at that time.
Lehman/ Let's vote, Mayor.
Nov/ I am ready. Roll call- (yes; Kubby-no). We approved this resolution on a 6-1 vote,
Kubby voting no.
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ITEM NO. 13. CONSIDER A RESOLUTION AUTHORIZING THE ACQUISITION OF
27- 77 PROPERTY IN FEE SIMPLE AND AVIGATION EASEMENTS FOR THE
IMPLEMENTATION OF THE IOWA CITY AIRPORT MASTER PLAN.
Comment: In August of 1996, the Federal Aviation Administration
("FAA") approved the Master Plan for the Iowa City Airport, a component
of which is the acquisition of land in fee simple and avigation easements
for the safety areas at the ends of the runways, called runway protection
zones. Ninety percent (90%) of the cost of said acquisitions are eligible
for reimbursement through the FAA Airport Improvement Program and
applications for funding of this project are on file with the FAA.
However, it is beneficial to the affected property owners and residents,
as well as to the airport, to proceed with said acquisition prior to the
receipt of reimbursement from the FAA.
Action:
15
/0"A 4'
ITEM NO. 14. RESOLUTION APPROVING A CHAPTER 28E AGREEMENT BETWEEN THE
q7.. '� CITY OF HILLS, THE CITY OF IOWA CITY AND ROBERT AND ERMA
WOLF TO PROVIDE FOR REPLACEMENT AND MAINTENANCE OF A
DRAINAGE CULVERT UNDER SOUTH RIVERSIDE DRIVE.
Comment: In May of 1996, the City of Iowa City and various private
parties entered into a Drainage Agreement to facilitate drainage across
portions of the parties' property to the east and west of Highway 921
just north of the 4-H Fairgrounds. Pursuant to this Agreement, Iowa City
agreed to remove silt from the culvert lying under South Riverside Drive
(the access road running parallel to Highway 921), and to maintain the
culvert. However, after the Drainage Agreement was made, it was
determined that the culvert must be replaced and that a portion of the
culvert is within the corporate boundaries of the City of Hills. The
proposed Agreement with the City of Hills includes authorization by Hills
to Iowa City to work within Hills' corporate boundaries as well as some
financial contribution to the cost of the culvert replacement from Hills and
the Wolfs.
Action:
ITEM NO. 15. ANNOUNCEMENT OF VACANCIES.
a. Current Vacancies.
(1) Housing and Community Development Commission - One vacancy
to fill an unexpired term ending September 1, 1998. (Tim Ruxton
resigned.) (3 males and 4 females currently serve on this
Commission.) Correspondence included in Council packet.
This appointment will be made at the April 8 meeting of the City
Council.
#14
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ITEM NO. 14. RESOLUTION APPROVING A CHAPTER 28E AGREEMENT
BETWEEN THE CITY OF HILLS, THE CITY OF IOWA CITY AND ROBERT AND
ERMA WOLF TO PROVIDE FOR REPLACEMENT AND MAINTENANCE OF A
DRAINAGE CULVERT UNDER SOUTH RIVERSIDE DRIVE.
Nov/ Moved by Kubby, seconded by Lehman. Discussion.
Kubby/ Do we have a total? We knew how much Hills was contributing and how much
the Wolfs are contributing but we don't know what the total is.
Rick Fosse/ The total cost for replacing the culvert, about $18,000.
Baker/ How did we get the figures of the Wolfs and Hills?
Fosse/ That is the maximum that we could get if we are lucky.
Council/ (All talking).
Fosse/ We started splitting at 50/50. We ended up with this. If we are lucky, this will
cover our staff time in negotiating our ability to actually work within their
corporate boundaries.
Kubby/ Well, we better take it.
Lehman/ I don't think we have much choice.
Vanderhoef/ Do I hear a please with that?
Fosse/ They really don't care about how well that culvert works even though it is in their
corporate boundaries.
Kubby/ But if we don't fix- I mean I am not suggesting that we do this but what are the
consequences if we choose not to invest in this culvert?
Fosse/ The consequences lie primarily upstream with the culvert which are in Johnson
County's. This is truly a multi jurisdictional issue. We got Johnson County
residents being damaged. There is a facility that lies partially within Hills, partially
within Iowa city and then there are also some facilities downstream that need to be
improved well that are completely on private property.
Kubby/ Okay, sounds complicated.
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Fosse/ It has been. It has been very complicated. .
Kubby/ Can you ever approach the county about chipping in?
Fosse/ No, we haven't.
Kubby/ Well, I am not suggesting that you do.
Fosse/ I take that back. We did have some discussions with the county. I do recall that.
Kubby/ They don't want to do traffic control either.
Vanderhoef/ Some how or another, $800 versus $18,000 is a drop in the bucket.
Kubby/ That is a 90/10 split.
Nov/ Any other discussion? Roll call- (yes). Motion has been approved.
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b. Previously -Announced Vacancies.
(1) Broadband Telecommunications Commission - Two vacancies for
three-year terms ending March 13, 2000. (Terms expire for Eric
Rothenbuhler and Betty McKray.) (0 females and 3 males
currently serve on this Commission.)
These appointments will be made at the March 18 meeting of
the City Council.
(2) Historic Preservation Commission - Two vacancies for three-year
terms ending March 29, 2000 (one of the vacancies is for a
representative of the Woodlawn District). (Terms expire for
Douglas Russell and Ginalie Swaim.) (3 males and 3 females
currently serve on this Commission.)
(3) Housing and Community Development Commission - One
vacancy to fill an unexpired term ending September 1, 1999.
(Cynthia Larson resigned.) (3 males and 4 females currently
serve on this Commission.)
These appointments will be made at the April 8 meeting of the
City Council.
ITEM NO. 16. CITY COUNCIL INFORMATION.
ITEM NO. 17. REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY.
a. City Manager.
b. City Attorney.
e9
ITEM NO. 18. ADJOURNMENT.
#16 page
ITEM NO. 16 CITY COUNCIL INFORMATION.
Nov/ We are now on City Council Information. Larry, would you like to start?
Baker/ (Can't hear). When you were talking about the what is the first thing we do?
Nov/ The roll call actually is the first thing we do.
Council/ (All talking).
Baker/ I may just let somebody else have a chance. I need to have a microphone, too. I
had this thing when you were doing the Consent Calendar and you went back and
re -did to announce the p.h.s. I was thinking why don't we get the graphic
department with the city to put up a little form in print, the p.h., the date and the
subject while you are saying those that the camera will focus on. Like, it is very
easy to do, then visually that will standout more than anybody just saying it out
loud.
Norton/ I think they do visual listings later though they don't do it as we say it.
Baker/ Do they?
Nov/ They do have it on the information list, don't they? Yes? No?
Baker/ (Can't hear).
Nov/ Do you have information -
CHANGE TAPE TO REEL 97-43 SIDE 2
Nov/ Hearings that are coming up on your character generator screen?
/ (Can't hear).
Kubby/ But it would be good in terms of the timing of when you are saying it.
Baker/ That we will pull it out and call attention to it. People will, I think, remember them,
pay attention better.
Nov/ All right, did you hear what Larry said?
/ (Can't hear).
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Kubby/ Marian -
Council/ (All talking).
Baker/ That is it, folks.
Vanderhoef/ Nothing, thank you.
Thornberry/ Just the one thing about I think if we are going to have a five minute time
limit for people to speak during open time, that instead of using the gavel and
gaveling them off of the podium, perhaps a light system that would indicate their
time with a red, yellow, green light system if indeed you want a time limit and that
would be a little more humane to the speakers than the gavel. If we could ask -
There was some information in our pamphlet from Marian and if we could possibly
try that out. It is already available to us from the League of Women Voters.
Lehman/ Chamber of Commerce, wasn't it.
Kubby/ That was one that would be up at the podium?
Karr/ That could be mounted anywhere, preferably visible for all concerned. We would
work with cable and with you folks on that. It is mounted someplace,. It may be on
the railing, it may be a different -
Thornberry/ Those lights are awfully big. If the one- If we find that it works or you find
that you would like to try it, the lights are only about as big around as an end of a
pen.
Kubby/ I think we should experiment if we can do it at no cost and the Chamber would
allow us to borrow it for a while.
Norton/ Are you sure it wouldn't invite people to go until the light flashes?
Thornberry/ No, when they get through talking I think that they would quit.
Nov/ Yeah, but there may not be a guarantee that the person who feels like talking longer
than five minutes is going to stop because there is a light instead of a gavel.
Thornberry/ You could also have a switch, Madam Mayor, that you just turn the little
switch and it turns the microphone off.
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Kubby/ You have always got your gavel. You have gavel prerogative.
Nov/ I understand but there have been occasions when someone ignored both the gavel
and the reminder.
Kubby/ Candidates do it all of the time at forums, ignore the lights. I say yes, let's
experiment.
Thornberry/ We should try it and see.
Kubby/ We shouldn't be scared of new ideas.
Thornberry/ I think that is all I have.
Nov/ Ernie Lehman.
Lehman/ Last Thursday I was privileged to attend a employee awards program for
employees of the City of Iowa City. This recognized folks who have been with us
for five, ten, fifteen, twenty and twenty five years.
Nov/ And thirty.
Lehman/ And thirty. You look at Steve here and you think they are probably going to put
him in Mount Rushmore. He has got this stoic look on his face. He was the MC
and he was absolutely hilarious. He did a tremendous job. It was fun and I think he
expressed a genuine appreciation for what the folks who work for this and they
don't work for the City of Iowa City. They work for the people of Iowa City and I
think it was a marvelous ceremony and we recognized a lot of people. We have
one person who will be celebrating 30 years with the City of Iowa City. His name
is Chuck Schmadeke and I was hoping he would be here tonight and he is not. But
he is our Public Works Director. I don't know of anybody in this community or the
city who is not a friend of Chuck's. I think he does a tremendous job and I think
that we really need to recognize how hard our people work and that they really
are- They really work for the people of this community. You know we tend to
criticize, I use to, too. But people tend to criticize folks who work for the city, the
county, whatever. Well, when you sit up here and you see what these folks do, you
really start to appreciate how good they really are and I think, Steve, that is a
credit to you and your staff and I appreciate it.
Nov/ And we have to give Chuck some credit for working his way up. He started out as
one of the underlings and worked his way up to director of the department.
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Lehman/ And I am sorry I stole your thunder.
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Nov/ Oh, well, that is not important. We all appreciate these employees. We have a terrific
record of long term employees.
Kubby/ Well, speaking of Public Works, I have some questions about the pumps that we
get out during the spring rains. That if a storm sewer should get backed up, that
we send out- I am assuming that they are all in good shape. But who do people
call? Sometimes it is in the middle of the night or after hours and -
Atkins/ The Wastewater Treatment Plant is where they are dispatched from. If I can jump
ahead. We probably should do a little promotion on that with spring coming. Good
point.
Kubby/ I think it would be good. I was just thinking, you know. I live next to the creek
and there have been a couple of thaws. I go out to Hickory Hill every day and they
was a big thaw out there and you know, water was rushing. There was actually
some major repairs that need to be done on some trails from this last fall. Some
bridges are out.
Atkins/ We will do that.
Norton/ Can that be in City News or something?
Atkins/ We will find some ways to do it. Ernie can speak to it because he has been through
his neighborhood not too long ago.
Lehman/ Dan Scott has been on Wylde Green Road at 4:00 AM during a rain storm. So
the city Engineer's Department. They are very very conscientious about.
Atkins/ There is really truly a reason for that. I mean, if you can observe first hand the
flows. It makes it a lot easier. It makes the engineering decisions that much better.
But it is good. I will put out some promotion on that for you.
Kubby/ And the only other thing I have is in December of `95 we passed an amendment to
our Human Rights Ordinance to include gender identity so that trans -gendered
individuals in our community were not discriminated against and some people that
I know in Cambridge, some of which I met through the National League of Cities,
through the Gay, Lesbian, Bi -sexual Elected Organization that I belong to, as well
as some friends of mine in Cambridge, we talking about this issue. I sent them our
ordinance and got them in touch with our Human Rights Specialist and on
February 24, just recently Cambridge, Massachusetts amended their Human Rights
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Ordinance to include protection for trans -gendered individuals. So it is really good
to know that what we do here can have ripple affects in other communities. Great.
So congratulations Cambridge and I am glad we could be of help. That is all I
have, thanks.
Norton/ I have a couple of items. One I think we ought to acknowledge that progress is
made on'getting compliance with the grading requirements with behind the Cliff
Apartments. It is good to see that we are getting some progress on that. They met
some March 1 deadlines, I take it?
Atkins/ Linda's office is handling it.
Woito/ Yes, thanks to Dennis Mitchell.
Nov/ Good work.
Norton/ I look forward to November 1.
Kubby/ We will be watching.
Norton/ I want to mention, before I forget, regarding human rights. There is a conference
this, not this weekend but the following weekend, March 14 & 15th, sponsored
jointly by the College of Law, Stanley Foundation and the UNA-USA. A two day
conference. It starts noon on Friday and runs through Saturday. It has some very
distinguished people from around the country in the human rights domain. But a
considerable focus on human rights for children and if you are interested in that
you can get in touch with Burns Weston at 335-3231, if you are interested.
Although I think you would be welcome at the Levitt Auditorium at the Law
School on Friday afternoon and Saturday, March 14 & 15. International Human
Rights at the Grass Roots, Putting it to Work.
I would like to ask one other question. Steve, are we going to get pretty soon a
report on the status of water and wastewater projects. That is the funding stream
and the timing and the shuffles that have had to have been done for various
reasons.
Atkins/ Yes. It is just a matter of getting it fitted into your agenda. You are pretty well
loaded up the 17th. We had targeted that and so we will have to go back with
Naomi and figure out how to get it to you. But we are ready to go. It is just a
matter of getting it scheduled for you.
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Norton/ And the last question somebody asked me, how do we stand on traffic calming.
Are we ready to take some actual steps this spring or not? Teg Drive particularly.
Atkins/ I can't tell you specifically about Teg. I can tell you that you will be getting a
memo from me in your Friday information packet outlines of rather aggressive
spring time traffic count effort based on a new reorganizational- We will be taking
a number of initiatives in the next month of so. So the specifics I can't tell you but
you will be seeing some things very shortly.
Norton/ Okay, thank you.
Atkins/ I will check Teg in particular.
Thornberry/ As a follow up to the question that Dee had about the water. I was in Palm
Springs last week and I thought I heard on CNN or something about the best
water in the country was in Dubuque.
Kubby/ The best tasting water.
Thornberry/ The best tasting water in the country was in Dubuque. You know, a few
pumps stations and a little bit of pipe, we could eliminate a lot of wells.
Atkins/ A little bit of pipe is an understatement.
Nov/ They are using well water.
Baker/ I apologize, I do have one thing more serious than an epiphany. Steve, I
congratulated last night on getting the ICAD stuff to us. But you got a budget to
us. We had asked for some sort of review of their activity.
Atkins/ Yes, that is being prepared, too.
Baker/ When is that coming?
Atkins/ That I can't tell you. We do have a meeting in the next couple of days, an
executive committee and I intend to ask them for that summary. I thought you
wanted the budget.
Baker/ I wanted the budget but I was interested in the activities, quite honestly, and I want
to see those as soon as possible.
Atkins/ I will take care of that.
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Norton/ What is cooking, right.
page 7
Nov/ Okay, I have a few things. Steve, I had a call from Joan Tiemeyer from the
Homebuilder's Association asking if we would put off our discussion to two
weeks after, the 21 st of April, rather than the 7th because somebody is coming
back from a trip,
Atkins/ Fine with me. Postponing issues is something we can use because you are getting
pretty well loaded up.
Nov/ I told her that would be okay.
Council/ (All talking).
Nov/ Yeah, we need a staff report on how to implement those changes or not and we did
ask for this discussion on the 7th and because somebody is coming back from a
trip and would like to postpone it a couple of weeks. I thought we could do that.
Atkins/ That is fine. We will take care of that.
Nov/ Okay. We had a letter, a request for city council attendance at a graduate student
senate seminar on busing. They are going to have representatives from Transit and
Cambus and Iowa City Johnson County Planning Departments. They have a
discussion format. They are doing this program on Thursday, March 6 at 7:30 at
McBride Auditorium. Is there anyone on the council who can possibly be at that
meeting to represent us?
Norton/ March 6, that is this week?
Nov/ This week, March 6 at 7:30. It is a Thursday. If one or two people can go, I think
they would appreciate having somebody there to listen to their concerns about
transit.
Kubby/ What time, again?
Nov/ It is March 6, 7:30 PM, at McBride Auditorium.
Norton/ Were they involved in our recent discussion with the council?
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Nov/ No, the graduate student senate was not involved. This is a different group. I
understand that they have concerns about bus service to the west side of campus
and it would be nice if we had somebody who could attend that.
Kubby/ I will be there. I will go.
Norton/.I can't go. I am afraid I am out of town.
Nov/ Sounds like Karen will go. Thank you for representing us.
Kubby/ You are welcome.
Norton/ She doesn't have to go to Des Moines.
Nov/ No, I can go down the hill from the Senior Center.
Nov/ I am not asking for somebody to go to Des Moines. I am asking for somebody to
stay in town and attend this meeting.
I have two other items. I have sent copies to the city council about articles that
could be of interest locally. The first one is a U. S. Court of Appeals ruling that
cities may put in restrictions on newspaper sales containers, vending machines in
other words may be restricted. They have said a restriction for aesthetic concerns
of vending machines is not any denial of First Amendment rights. I want us to do
something about this one. Yes, this is the one I was referring to.
Woito/ It is consistent with my opinion for 4, 5, 6 years ago.
Nov/ I know, we have been talking about this for longer than six years ago. I want us to
do something with it.
Woito/ Oh, what do you want to do with it?
Nov/ We want nice modular pretty boxes instead of what we have. We talked about this.
We argued about this. I think it is time to do something. So I am asking for city
council concurrence.
Woito/ Okay, the current ordinance permits you to have a uniform place for newspaper
racks. But we have never ordered them.
Kubby/ So it is not a policy decision. It is just a direction to staff to do that if people want
to do that.
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Nov/ We did adopt the ordinance, did we not?
Woito/ We still have the ordinance. We never ordered the -
Nov/ We never bought any of these nice boxes.
Woito/ Correct.
Atkins/ We tried. If you will recall, we brought representatives of the news media and they
didn't agree on- And it went back to you and you didn't agree and it just sort of
went away.
Kubby/ I think we should leave it where it is at.
Nov/ I just brought it back again.
Lehman/ I think we passed that three years ago.
Norton/ As we enhance d.t., I think that is a fact to be considered.
Kubby/ But you also become-
Woito/ That is a good time to do it, during your d.t. Esthetics alone, you can regulate
them.
Nov/ And I did ask David Schoon to think about this and I will send him a copy of this
article.
The other article that I want everybody to think about is a possibility of structuring
our electricity rates for local governments. Read it and think about it. Local
governments can aggregate their contracts for electricity according to this and it
could be an interesting opportunity.
Kubby/ You brought that to our attention.
Lehman/ We are doing that, aren't we?
Atkins/ We are doing a little work. There is some Iowa law that gets in our way. It is a
pretty straight forward because of de -regulation that allows us a lot more flexibility
but Iowa has some older laws that you run up against that I suspect are- If they are
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not changed in this legislature, the next one. That is an issue that we are going to
get back to because we think we can save lots of money. Yeah.
Nov/ Okay, since the federal government says they are now going to let us do it, maybe
they have preempted the states.
Atkins/ There is lots more research to do. My office, Linda's office, we got lots of folks
involved in it. We will figure something out.
Nov/ Okay, thank you.
Thornberry/ A question about those newspaper racks. Is that a directive to staff? Or was it
information gathering question?
Nov/ I am saying that we have information that corroborates the opinion of the Legal
Department, our city attorney and I would like us to do something. I would like
the council to concur with me that we should buy some nice boxes.
Kubby/ We just passed the budget and they are not in the budget.
Nov/ I am willing to amend the budget already on that one.
Lehman/ Naomi, I think it is correct for that to be part of the DT Strategy Committee and
they would love this.
Nov/ Well, I am sending a copy of this to David Schoon who is going to all of these
strategy committee meetings. I told him he would get a copy of it and he will bring
it up.
Norton/ Naomi, I had one comment. Do we need to do anything with respect to the letter
from Jim Larew, the Iowa Science Center, about the Butterfly Garden. He
sounded like he needs to get moving pretty rapidly with that matter.
Nov/ Well, our staff has talked about it a little bit. Joe Fowler has conferred with him
about what place might work. David Schoon is going to bring it to our DR
Committee. So it is kind of in the process.
Atkins/ We will get a report to you on the matter and Jim is aware of it. We have briefed
him on what we have to do and we will have an answer for you before too long.
Norton/ I visited one in England when I was there at council expense, remember Dean.
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Nov/ Don't even make those jokes.
Norton/ They are great.
Nov/ I thought these pictures were very nice but I didn't see any butterflies.
Norton/ They are lovely.
Lehman/ Naomi, I think that makes him a monarch.
page 11
Nov/ No, we have decided that we are going to give David Schoon a little name, monarch.
He is the butterfly guy these days.
Kubby/ I move to adjourn.
Nov/ No, we need to hear from our City Manager.
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#17a page 1
ITEM NO. 17 REPORT ON ITEMS FROM THE CITY MANAGER AND CITY
ATTORNEY.
a. City Manager.
Nov/ What do you have?
Atkins/ First of all, I don't know whether the Rushmore thing was a flattering statement or
a new way to call me a blockhead. Thank you anyway and I will take my pick. One
quick item for you. Late this afternoon Jeff Davidson called the office to let us
know that IDOT has approved out railroad interchange relocation grant of $1.1
million. We got it approved. Lots of work to do but I am just telling you we now
have a new major project laying on your desk. We will begin putting together and
get this to you very shortly. But it looks very favorable for us.
Norton/ Good because we weren't altogether hopeful about it.
Atkins/ I think we applied for $1.2 and got $1.1. The match grant was the railroad. We
were going to do the work and no cash. So I don't know the details yet but it
looks pretty good. So we will let you know.
Nov! That is terrific. I have twice in one week been stopped at that railroad.
Atkins/ We will see if we can unstick it. That is all I have.
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F'030497
i
CITY OFRTMY February 28, 1997
City Council Meeting Schedule
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7:00 p.m. SPECIAL COUNCIL WORK SESSION
Council Chambers
TIMES ARE APPROXIMATE
7:00 p.m.
Review Zoning Matters
7:30 p.m.
Deer Count
7:50 p.m.
Mercer Park Gymnasium
8:15 p.m.
Gilbert/Kirkwood Intersection
8:30 p.m.
Airport Land Acquisition and Easement Project
9:00 P.M.
Play Vehicles
9:20 p.m.
Charitable Contributions Payroll Deductions
9:35 p.m.
Council Agenda, Council Time
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7:00 p.m. SPECIAL COUNCIL WORK SESSION Council Chambers
7:00 p.m. SPECIAL FORMAL COUNCIL MEETING Council Chambers
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