Loading...
HomeMy WebLinkAbout1997-06-03 AgendaSubject to change as finalized by the ~, ity Clerk. For a final official copy, contact the City Clerk's Office, 356-5040. AGENDA CITY COUNCIL MEETING June 3, 1997 - 7:00 p.m. Civic Center ITEIVi NO. 1. CALL TO ORDER. ROLL CALL. ITEM NO. 2. IVIAYOR'S PROCLAMATIONS. a. Run for a Million Day-~.~ 4,4~,I.,,/ b. Home Ownership Week - June 7-14. ITEM NO. 3. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. Approval of Official Council Actions of the regular meeting of May 20, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions. (1) Design Review Committee - May 27. (a) The Committee recommends to Council the approval of the design review application for the Iowa City Transit Interchange Facility as submitted subject to: the use of a copper roof not cutting corner on the selection of materials Design Review Committee review and approval of exterior signs · the architect reviewing the quantity and size of columns (2) Iowa City Historic Preservation Commission - April 15. (3) Iowa City Historic Preservation Commission - May 13. (4) Iowa City Historic Preservation Commission - May 21. (5) Iowa City Human Rights Commission - May 19. (6) Senior Center Commission - April 28. #2 page 1 ITEM NO. 2 MAYOR'S PROCLAMATIONS a. Run for a Million Day - June 4. Nov/Mayor's Proclamation. We have one called Run for a Million Day. (Reads Run for a Million Day Proclamation.) We have someone here to accept this? Marian Karr/Carol Lear is here to accept. Nov/Carol's going to tell us about the events of June 4th, Run for a Million Day. Carol Lear/Run for a Million day is the efforts of a young Cambodian refugee whose parents were killed in the killing fields of Cambodia. She came to the United States not even really clear how old she is, even to this day, because of the confusion of that time in her life. She decided that she wanted to pay our country back for all that it has given her and her siblings. And she is doing this run to try to get people to pledge one hour to volunteer work in their communities. There by the Run for a Million, she is hoping to gather a million hours. Tomorrow morning, she will be honored at a breakfast at United Way at the Holiday Inn and then she will run from there with cross country students froin West High, City High and West Branch High to Southeast Junior High where she will speak to some students about her run and then will proceed to the Governor's Awards in Cedar Rapids. The Governor's Awards on volunteerism where she will have an opportunity to speak and meet with the Governor briefly. She will then proceed on her run, tomorrow is my understanding, or the next day, on the fifth, the fifth is my understanding that she will be joined by the cross country team from Tiffin High School. And we are urging anyone who's interested to call the volunteer center at 356-6050 and pledge their hours to this effort. Thanks. Nov/Carol, how far is she ming? Lear/She's running from Philadelphia's Presidential Summit to San Francisco, where she hopes to be reaching that station on Labor Day. She's running an average of 16 to 30 miles a day. ?/Incredible. Lear/So this is quite a commitment on her part. Thank you very much. Nov/You're welcome. b. Home Ownership Week - June 7-14. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #2 page 2 Nov/We also have a proclamation for Home Ownership week, which is June 7 to June 14.. (reads Home Ownership Week Proclamation). Is there no one here to accept that? This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 June 3, 1997 City of Iowa City Page 2 Permit Motions and Resolutions as Recommended by the City Clerk (1) Consider a motion approving a Class C Liquor License for GFP, Inc., dba Wig & Pen Pizza Pub, 1220 Hwy 6 West. (Renewal) (2) Consider a motion approving an Outdoor Service Area GFP, Inc., dba Wig & Pen Pizza Pub, 1220 Hwy 6 West. (Renewal) (3) Consider a motion approving a Class C Liquor License for J.S. Mummey, Inc., dba Mumm's Saloon & Eatery, 21 W. Benton St. (Renewal) (4) Consider a motion approving an Outdoor Service Area for J.S. Mummey, Inc., dba Mumm's Saloon & Eatery, 21 W. Benton St. (Renewal) (5) Consider a motion approving a Class C Liquor License for Fitzpatrick's Alehouse, Inc., dba Fitzpatrick's, 521 525 S. Gilbert St. (Renewal) (6) Consider a motion approving an Outdoor Service Area for Fitzpatrick's Alehouse, Inc., dba Fitzpatrick's, 521 525 S. Gilbert St. (Renewal) (7) Consider a motion approving a Class E Beer Permit for John's Grocery, Inc., dba John's Grocery, 401 E. Market St. (Renewal) (8) Consider a motion approving a Class C Beer Permit for Kwik Trip, Inc., dba Tobacco Outlet Plus #537, 86 Sturgis Corner South. (New) (9) Consider a resolution to issue a Dancing Permit to Gunnerz, 123 E. Washington St. (10) Consider a resolution to issue Cigarette Permits to Tobacco Outlet Plus #537, 86 Sturgis Corner South. June 3, 1997 City of Iowa City Page 3 d. Setting Public Hearings. (1) MOTION TO SET A PUBLIC HEARING FOR JUNE 17 ON AN ORDINANCE AMENDING TITLE 14, "UNIFIED DEVELOPMENT CODE," CHAPTER 3, "CITY UTILITIES," ARTICLE A, "GENERAL PROVISIONS" OF THE CITY CODE TO ESTABLISH RULES GOVERNING BILLING ADJUSTMENTS TO CITY UTILITY ACCOUNTS FOR INCORRECT BILLINGS; TO WAIVE PAYMENT FOR CERTAIN SOLID WASTE/RECYCLING SERVICES; AND, TO AMEND THE CITY CODE PROVISION CONCERNING THE ESTABLISHMENT OF CITY UTILITY ACCOUNTS TO ELIMINATE THE REQUIREMENT OF A WRITTEN AGREEMENT, Comment: The proposed ordinance enacts rules governing utility billing adjustments by ordinance so that such rules will have the force and effect of law. The ordinance provides for waiver of payment of solid waste/recycling collection services that were provided to Iowa City households but not billed for due to incomplete billing information when the failure to bill is discovered by the City on or before July 1, 1997. Finally, the ordinance eliminates the requirement that a person establishing a City utility account execute a written agreement, because the process of obtaining a written agreement from each customer and implementing a record retention system for said agreements is time consuming and expensive. (2) CONSIDER A RESOLUTION SETTING A PUBLIC HEARING FOR JUNE 17 ON PLANS, SPECIFICATIONS, FORIVI OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE SCOTT BOULEVARD TRUNK SEWER 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 work involves the construction of a trunk sewer from the southeast interceptor near Saddlebrook subdivision east and north to the Iowa Interstate Railroad at Scott Boulevard. This project will provide sanitary sewer service to southeast Iowa City including the Scott Six Industrial development site and will provide for the removal of the Heinz lift station and the Village Green lift station. The estimated construction cost is $2,759,000. Funding for this project will be provided by Sewer Revenue Bond proceeds. A sewer tap-on fee will be established after construction to recover a portion of the project costs. ..ju.~_e.._..~3_,ff1997 City of Iowa City Page 4 /7/ , (3) (4) (5) CONSIDER A RESOLUTION SETTING A PUBLIC HEARING FOR JUNE 17 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE NORTH IOWA RIVER CORRIDOR SANITARY SEWER IMPROVEMENTS 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 work involves the construction of a sanitary sewer north of Foster Road which will provide sanitary sewer service to the water plant site and the area south of Interstate 80 and west of No Name Street. These improvements will make it possible to eliminate non-performing septic tank systems in the drainage area. In addition, a sewer line will be extended from the existing North River Corridor Sewer on Dubuque Street at Taft Speedway north and east to the existing Prairie du Chien sewer at B'jaysville Lane to eliminate a surcharging condition. The estimated cost of this work is 9452,600. Funding for this project will be provided by Sewer Revenue Bonds. CONSIDER A RESOLUTION SETTING A PUBLIC HEARING FOR JUNE 17 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE SOUTHGATE AVENUE AND STEVENS DRIVE STORM SEWER 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 project consists of storm sewer improvements in the neighborhoods of Southgate Avenue and Stevens Drive. Preliminary estimated cost of this project is 9201,000. Funds will be provided by General Obligation Bonds and Road Use Tax funds. CONSIDER A RESOLUTION SETTING A PUBLIC HEARING FOR JUNE 17 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE SHERIDAN AVENUE SANITARY SEWER BYPASS 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 project consists of construction of a sanitary sewer along Sheridan Avenue from Oakland Avenue to the trunk sewer on Rundell Street. This new sewer will bypass one third of the sewage flows around the Longfellow neighborhood to control sewer surcharging. The estimated construction cost is 9170,000 and will be funded by Sewer Revenue Bonds. June 3, 1.997 City of Iowa City Page 5 ITEM NO. 4. e. Resolutions (1) CONSIDER A RESOLUTION SETTING COMPENSATION FOR THE ACTING CITY ATTORNEY. Comment: At the City Council meeting of May 20, Eleanor M. Dilkes was named Acting City Attorney. This resolution establishes a salary for Ms. Dilkes pending the naming of a new City Attorney. f. Correspondence. (1) (2) (3) Julie Phye (Stepping Up Project) - Update Jay Shaw - Shaw shooting Letter from Lica Barqes (Downtown Association) - Family Fun Day (previously distributed) Applications for Use of Streets and Public Grounds. (1) (2) (3) (4) (all approved) Diane Sulg (Iowa City Arts Fest) - June 11-15. Robin Butler (Iowa City Pride Parade) - June 14. Lisa Barnes (Downtown Association Fun Day) - June 14. Bill Summers (American Heart Association Heart Ride) - June 29. Applications for Use of City Plaza. (all approved) (1) Nicole Cook (RVAP distribute literature) - May 27. (2) Donna Palmer (ICARE Pancake Breakfast) - June 15. (3) Lisa Barnes (Downtown Association Sidewalk Sales) - July 17-20. END OF CONSENT CALENDAR. PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA). #3 page 1 ITEM NO. 3 CONSIDER ADOPTION OF T3-IE CONSENT CALENDAR AS PRESENTED OR AMENDED Nov/Moved by Thornberry, seconded by Vanderhoef. Discussion? Kubby/There are quite a few items where we're talking about plans and specification for certain neighborhood projects and I'm assuming that the neighborhood associations in those areas have been notified so that they can go to the Engineer's office to look at these plans and comment at the public hearing. Steve, just check in with Marcia I guess? Atkins/To the best of my knowledge, we'll guarantee it that way. Kubby/On the first public hearing about incorrect billings, I also want to make sure that the Neighborhood Associations, the Tenant-Landlord Association, and the Apartment Association had notice of that, so we can hear their comments. Nov/I'm going to read the whole list here so t2~at people listening can find out about that. But, before I do that, I want to remind everybody that the polls are open until 9 o'clock, and I meant to do that first. If you haven't yet voted, you still have time. All right, there are five motions setting public hearings, all of which are set for June 17. The one that Karen mentioned is establishing rules governing billing adjustments to city utility accounts. Ar_other is for the construction of the Scott Boulevard Trunk sewer project; construction of the North Iowa River Corridor sanitary sewer project; construction of the Southgate Avenue and Stevens Drive storm sewer project; and the construction of the Sheridan Avenue sanitary sewer bypass. So, if you're interested in any of those, there will be an opportunity for public input on June 17. Is there any other discussion? Okay, roll call- (yes). Okay, we have approved the consent calendar. This represents only a reasonably accurate ~ranscripfion of the Iowa City Council meeting of June 3, 1997. F060397 #4 page 1 ITEM NO. 4 PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA) Nov/Public Discussion. Anyone who would like to discuss something that is not on today's agenda, step forward to the microphone, state your name and address, and tell us what you're interested in talking about. Michael Wayne Newman/My name is Michael Wayne Newman, I live in Coralville. I also have an address here in town. I come to discuss bikes, roller-skates, boards, whatever you have on the sidewalks uptown. I have one question for you. Who pays when I get hit by a bike? Who pays for it? Do any of you lmow? Do I pay for it, or does the person pay for it or does the city pay for it? Nov/Is that a legal question? Eleanor Dilkes/I think that's going to depend on the circumstances of the accident. If there was some city involvement, a curb, or a, you know, then you might look to the city, but generally you would look to the bicyclist. Newman/Well I understand you guys don't allow bikes roller-skates or nothing on the sidewalks. Dilkes/Yes, no bicyclists. Newman/If you guys made the rule for it, then somebody has to take care of it, to be done. Because I have been hit twice, last November, and I also was hit just in May. I've also talked to one of your Councilmen, I can't remember his name, but he's up here, already about this. And he told me to bring it to you guys. I don't want to get hut't, and I don't want to own this building, but I think somebody should take care of it. I really do, because I can't hear a bike coming. I can hear a car, and I can hear a skateboard, but I can't hear a car, a bike coming behind me. I can't hear those roller skates or whatever you call those things, because they're very quiet. And I am listening for traffic and what's going around me. It's a really difficult situation for all blind people and handicapped that can't walk very well, for the simple reason they can't move when they see some dummy coming at them. I don't see a dummy coming at me, because I don't see nothing. I can't even make out your faces from here, you look better on TV, you really do. That's how bad it is. Nov/We appreciate your comments. They are valid comments and we can try to do more enforcement; more police officers on bicycles. Newman/ I have one more thing I'd like to ask the city to do for me. And that is could you to check on SEATS and find out their hours that they run. Because some of This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #4 page 2 us handicapped people are having trouble with them and we'd like to kind of get things straightened out. Now I know I live in Coralville, I am going to the city Council already, I've already talked to the mayor. We are getting things straightened out, and I also would like the city, because I do a lot of business here in this town, also to help here too, find out these questions here, and I can give you a good example why. There was a blind girl, her name is Sue, she works at the Blind Commission, I mean the Goodwill area, over on First Avenue, now this young lady used to take the SEATS at 7:30 in the morning, and she got to work at five, ten minutes to 8:00. Because she was promoted, I said promoted, she has to be to work at quarter to eight. They will not pick her up. Kubby/Yeah, there is a fifteen minute window. Or, maybe its a half-hour window, when you have, as a rider of SEATS, you have to be there fifteen minutes before your scheduled time, and they can show up fifteen minutes late, which makes it really difficult for people who need to be at any type of work, to be at work at any time, to be there on time, when there's that kind of arrangement. Newman/Yeah, but don't you think, if you were handicapped, and that you had to be at work on time, and you paid ninety, a hundred dollars a month, that they can't associate you in a level where you will be picked up and taken care of. I would want your business for that kind of money a month, and all the people that are working, the handicapped, I would want all their business for that. Nov/Mr. Newman, do you know if she spoke to the director of SEATS? The county, actually, is running this, so? Newman/She told me in straight words that they ain't picking her up no more, period, because they can't get her to work on time. She now hires somebody, and it costs her $120 to $125 a month to go to this. To go back and forth to work now. Kubby/Can't she take the fixed-route bus? That would cost her a lot less. Newman/ There's no bus that can get her between the hours to get her to work. I'm sorry, there just isn't. Kubby/The buses start at six. Newman/Well, you figure it out. I take the bus at 10:30, in the morning, from where I live, and I get all the way across, over to where she works, Goodwill, I get there 12:00, hour and a half by bus. Because they don't have coordination to them. Kubby/But in the morning we have peak-time service that's twice as fast. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #4 page 3 Newman/I realize what you have ma'am. I already know this. But the point is the SEATS is set up for handicapped persons to be in a certain situation at a certain time. She's the one that took a job that pays more money, that pays more taxes, so she can have the service. That's what I'm saying. I understand there are bus systems and all that; that's great. I really do. I just don't think its run very good. For the simple reason that some of us people are being abused by it. And I can give you an example of it. I play Santa Claus for the Salvation Army and I asked to be picked up at 9:15 in the morning to be there. You know what time they picked me up? 8:30. Do you know what time I got there? Five minutes after ten, riding on that SEATS, because they had other people to pick up. That's not very good. I've already talked to him already, about this, down at the Council about this before, personally, as friends. Now I'm coming down here to ask you guys to check it out for us, to see why it talces people that long. I rode from where I live, all the way over to where the poor people; I don't like to say poor people, the unfortunate people, live out west, at the home, some type of home; and then I go all the way up to the mall, and he could've dropped me off, but he didn't do it. I'm sorry, I think it has to be addressed, and I think it should be checked on. Those two items for one reason. My life's in danger, by the bikes, and toys, and my wife's, my wife's in danger, because she's blind too. And we also need situations when we get promoted to a higher job where we're taken care of. Because we do pay for this, and I realize the tax people pay for it too, but we also pay for it out of our own pocket, by a dollar and a half a day, I mean for each ride. You understand. Nov/Yes. Newman/Okay, that's what I'm saying to you. No more, I'm through, and I thank you very much for your time, I really do. Nov/Okay. ?/Thank you, Mike. Newman/ Steve, would you ask the SEATS committee to check on all this? Atkins/I have (can't hear). Nov/Is there anyone else who would like to address Council on an item that is not on today's agenda? Kubby/Actually, Steve, a related question about SEATS that we can maybe we can find something out about from the County, is what, if there's an average amount of time that people are staying on a ride? This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #4 page 4 Atldns/Okay, sure. Kubby/If the average is 45 minutes, that's a problem. Norton/Yeah, shouldn't be that long. Atkins/I'll see what we can do about that. Nov/Did you want to speak about something not on today's agenda? Please go right ahead. State your name and address, sign your name and address and then talk to 118. Holly Berkowitz/My name is Holly Berkowitz. It's been awhile since I've been here. But over the last year and a half, I've noticed a, developed a real concern about the debate between public fights and private rights. Now as public officials, you. have a responsibility to defend public rights and I would like to question some of the actions and philosophies that seem to fester underneath public bodies, that doesn't serve the public interest. The public body is a public infrastructure, a foundation, a body that the private section cannot foster, cannot prosper without that solid foundation. We have to have a solid public infrastructure foundation to have a prosperous economy, and a prosperous private sector. And I urge every public official, I repeat, public official, not private official, public official, to go from this point forward and to serve the public, all the public, every single cell in that public, every single cell of life is vital to the public infrastructure foundation because the public infrastructure foundation cannot function without, ironically, a fragile and vulnerable intricately interlinked web, bringing life support eco-eco, eco-photosynthetic system, habitat web, interlinking web, for all life, for all cells. When you're making public policy, it isn't separate from that. It is not separate. You cannot draw barriers and expect life to continue; and all life can depend on vital flows. Vital flows of information, vital flows of potential, vital flows of voices, vital flows of resources, sources, producers, photosynthetic producers, green stuff, that produces the sustenance, the divine sustenance on which we exist. And the eco-economic, natural resource capital that sustains us. Capital, I repeat capital. Economic capital, eco-economic, eco-ecological and eco-economic capital, that is essential to our economy, okay? If I question every public official who starts to erode, to chop away the natural resources, public resources that belong to all of us, they belong to every single person, every single person we don't own this land, this land owns us. We're a two-way, its a two-way process. Life is a two-way process. It doesn't just go one way. Orders, dictations, don't just go one way. If you do you're suppressing voices of the many people. Vital to the function of the whole. Vital parts, no matter how big, not matter how little, no matter what color, not matter what shoe size, no matter what kind of hairdo This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #4 page 5 you have, no matter what color of eyes, what color of dress, what color of tingemail polish you wear, you are a vital part of that web of life. And I guess I'm a little angry that on this day when McVeigh was convicted as guilty, I can't quite decide whether he needs the death penalty or not. I think it would be more appropriate for him to come out and do public service. I think that would be more of an appropriate thing. But anyway, but my most valued, my most important concern is that public officials, people who are representing an entire body of diverse people, come to the public arena with their sensitivity and the ability to respond, a respond-ability to all of the people in their constituency, because all of those people, and not only the people, all the life, the animals, the cells, the trees, are all a part of that, and we can't exist, we can't thrive without it. We either go upward into a positive of cycle toward satisfaction and our ability to find satisfaction, peace and prosperity, lasting peace and prosperity. Or, we go downward in a downward tailspin into hatred, division, strife, war, and insatiable dissatisfaction. I choose the previous. Thank you. Nov/Thank you. Is there anyone else who would like to address the Council on a topic that is not on today's agenda? This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 June 3,1997 ITEM NO. 5. City of Iowa City PLANNING AND ZONING MATTERS. Page 6 Public hearing on an ordinance amending Title 14, Chapter 6, entitled "Zoning," Article P, entitled "Fences and Hedges," to change the vision triangle requirement at intersections. Comment: At its May 1 meeting, by a vote of 7-0, the Planning and Zoning Commission recommended approval of the proposed amendment. Staff recommended approval in a report dated May Staff memorandum included in Council packet. Action: ~,~ Public hearing on an ordinance amending Title 14, Chapter 6, entitled "Zoning," Article O, entitled "Sign Regulations," to permit projecting signs as a provisional sign in the CB-5 and CB-10 zones. Staff memorandum included in Council packet. Comment: At its May 1 meeting, by a vote of 6-1 with Chair voting no, the Planning and Zoning Commission recommended that projecting signs continue to be prohibited. Staff recommended that projecting signs continue to be prohibited in a report dated May 1. Action: Public hearing on an ordinance amending Title 14, Chapter 6, entitled (_/ "Zoning," Article O, entitled "Sign Regulations," to permit portable signs as a provisional sign in the CB-2, CB-5, and CB-10 zones. Comment: At its May 1 meeting, by a vote of 6-1 with Supple voting no, the Planning and Zoning Commission recommended approval of the proposed amendment. Staff recommended approval in a report dated May 1. The staff recommendation is consistent with the Commission recommendation. Staff memoranda included in Council packet. #5b page 1 ITEM NO. 5b. Public hearing on an ordinance amending Title 14, Chapter 6, entitled "Zoning," Article O, entitled "Sign Regulations," to permit projecting signs as a provisional sign in the CB-5 and CB-10 zones. Nov/(Reads agenda item #5b). P.h. is now open. It appears there's no one who wants to talk about projecting signs. Is there any Council discussion on projecting signs? Kubby/Did you bring your pictures? Norton/I didn't bring my pictures, I decided to spare you. I'm one that still likes projecting signs. I understand everybody's concern about a jungle of, or a jumble. But we put forth exacting guidelines for reasonable restraint on the size and scale and height of such signs, and I think they'll bring a lot of liveliness to the community and many communities in this country and elsewhere. Make decent use of them, and I'm just sorry there's not more sentiment in my direction at the moment. But it'll be back, I trust. Leturiah/I agree with Dee. Thornberry/Well that's three. Because I do too. I've been in many, many communities with little projecting signs, whether it be, with a little pair of glasses - Norton/There's a little Burger Irdng cup. Thornberry/Or a little Burger King, or a little this or that. Just the little small signs. I think they're - Nov/How about a projecting sign for a Taco Bell? Thornberry/That would be fine. Norton/You lcaow, there's limits to what you have to do, but I think some, I hope we'll revisit it. There'll be more sentiment on the P/Z and other places. There was some sentiment on those committees I think. Baker/Would you be willing to let the signs tindergo a design review? Norton/Sure. Thornberry/Well I don't lmow about that. Norton/ You know me, Larry. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #5b page 2 Baker/Well I'd be willing to let them exist if there'd be a design review. Norton/That's in here, established by the Vanderhoeff It's already in here - Norton/Procedures and guidelines. Vanderhoef/The signs, as a shopper and looking down the Ped Mall, last summer when the trees were fully in foliage, it was impossible to see any of the signs, on even the store fronts, at that point, because the trees were at such a height that if you were across the way, that you couldn't see any of it. And if you stood at one end or the other, you had no idea what was down there. Norton/Well maybe with four votes, we've got an ordinance. Maybe we'll approve it too. Lehman/We'll probably revisit it. Council/(All talking). Norton/Let's do it. Lehman/Okay. Norton/Well good, it'll work. I'll go talk to P/Z. We want to meet with them, to make sure that - Lehman/No, I don't think you want to meet with them. Kubby/They've already talked about this, right, Karin? That if there's a majority of Council who want to proceed with something with guidelines, they've already said, "We say no, but if you want to do it, here are the guidelines." So it doesn't need to go back - Franldin/They didn't give a lot of discussion to the guidelines, and they're meeting Thursday night, and I've asked the staff to let me know whether, if you decide to proceed with projecting signs, if you need to go back to the Commission or not. I think that if you have an interest and you have general agreement with the guidelines that are in the ordinance, I guess I'd suggest you go ahead and close the public hearing. You'd have your first consideration the next time, and if we need to have a consultation with the Commission, we can do that. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #5b page 3 Lehman/Okay. Nov/I would suggest that if we have this consultation and include design review. three groups in one room before we - Franklin/Okay. Nov/Before we do anything. Norton/We've decided to look at them as a legislation you mean? Nov/At the guidelines, right. Kubby/(can't hem') Norton/Okay, fine. Council/(All talking). Lehman/Do we need to close the public hearing? Nov/Do we need to close that, Karin? Franldin/I'm not sure this is working, is this working? Norton/Yeah, you just need to speak up. Vanderhoef/Do we need to close the hearing or should we not, leave it open in case we come up with something. Franldin/I suppose the safest way is leave it open, and if you want to make a change, then you can, and if you decide you want to give it first consideration next time, you can close the public hearing then give and it first consideration. That's the way I would prefer to do it myself. Norton/Good. Nov/Sounds good. Put it in the form of a motion. Vanderhoef/I move that we - Get all Norton/Second. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #5b page 4 Vanderhoef/Continue the public hearing until two weeks from tonight. Nov/Okay, moved by Vanderhoef, seconded by Norton, that we continue to June 17. All in favor, please say aye- (ayes). Motion carried. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #5c page 1 ITEM NO. 5c. Public hearing on an ordinance amending Title 14, Chapter 6, entitled "Zoning," Article O, entitled "Sign Regulations," to permit portable signs as a provisional sign h~ the CB-2, CB-5, and CB-10 zones. Nov/(Reads agenda item #5c). As aside, we may want to consider portable signs in all three zones if we're considering the portable signs in all three zones. Let's think about that in the future. (Reads Comment). P.h. is now open. Is there anyone who would like to talk to us about the portable signs? We have one piece of correspondence on this one, do we? Kubby/I had brought up last night that I would be interested in this particular ordinance to have a sunset clause so that we can try it out and it wouldn't be that much of a financial risk for the businesses. The portable signs are not very expensive. They're basically white eraseboards with pens and an eraser. So its under $40 probably, investment, so that we can have to make a conscious decision as to whether or not we want to continue this ordinance after a certain period. Nov/Okay, we can consider that amendment before we close the P.h. Is there any discussion? Lehman/That's fine, a good idea. Thornberry/There is a sunset clause in the food courts, right? Kubby/No, we took that, there was a sunset clause originally, for the sidewalk caf6s. Thornberry/Yeah. Kubby/And we made a conscious decision to take that out because we do ~ Thomberry/But this is the same thing that you're saying, see if it works well enough. Obviously works; they're doing it now, when there's not even an ordinance regulating it. I really don't see any sense in a sunset clause, but I don't see anything really wrong with it either, so- Nov/There's nothing terribly wrong with it, but we may decide to amend the provisions sometime if we decide it would work better another way. It just reminds us to think about it. Thornberry/How long a period of time would you like for the sunset? Kubby/A year. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #5c page 2 Norton/Maybe a month. Thornberry/Okay. Kubby/Well yeah, because by the time you pass this we'll still have a good amount of summer and fall for this season, plus the next season. So that's a good indicator. Yeah. We'll go through a whole year. Thornberry/Of course if they're doing it, pass this now, and they make the sign, they get half a year now and half a year later. Kubby/Half a year later, so they - Thomberry/So they split the year, throw away the middle of the summer season. Kubby/Well there'll probably be plenty of people who follow the rules that are in the ordinance, it probably won't be a problem. Unless every single business has one, then we might say it's too cluttered. Thornberry/Could be. Of course its got to be on their own property. Kubby/Correct. We may still decide that its too cluttered, even if it's on private property. Vanderhoef/One of the things that struck me, just in the whole, whole idea of it was the difference that we had in frontages on various floors that have the private property. And there's nothing in the ordinance as I read it that says anytiring about sandwich boards that can be tripoded and turned so that they are viewable from one or two directions (can't hear). And I wondered if this is a possibility -- I'm thinicing of one spot in particular that sometimes has a sandwich board or a fold-apart and there are two within their frontage, but its a very wide frontage. Is anyone interested in looking at that possibility? Thornberry/Probably a large sandwich. Nov/Are you going to think about restricting the number of signs per business? Kubby/But this ordinance allows multi-faceted signs. Vanderhoef/This is one per first-floor business. And what I'm saying is that some first- floor businesses have a very wide frontage as compared to others, and they can use either the tripod-style signs, or they could use two signs, one in the outer area of either side of their business. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #5c page 3 Kubby/Karin, does this ordinance prohibit a sandwich board style sign? I think I read in here that you can have multi-sides to it, but they have to be a maximum of a certain size each side. Franldin/Right, I- Kubby/The sandwich board is okay. Franldin/A sandwich board is something that a person wears. Kubby/Right, its a two-sided triangular sign that stands on its own, its allowed now, under this ordinance. Franklin/Yes. Vanderhoef/ So you don't call that a sandwich board. Norton/It's a diesel-type sign. Franklin/It's a tripod sign. Nov/All right, if the tripod signs would have more than six square feet on each side, it wouldn't be allowed. But is your total six square feet, or is it each side six square feet? Kubby/Maximum area of sign face, six square feet. Nov/So if you have two faces, do you still fit into this restriction? Franldin/That's right. I am looking. Keep talking. Vanderhoef/You would only have one face. Kubby/That's the way I read it. Nov/Your tripod could have writing and signage on one side only. Vanderhoef/And the amount of clutter is the smue, whether we've got one side billed or two sides billed. Lehman/Maybe they'd better refine that. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #5c page 4 Franldin/It really doesn't speak to the number of faces. It says one non-illuminated portable sign, and then the dimensional requirements are six square feet maximum area of sign face. I suppose by implication, I don't know whether - Nov/Well my implication as I read was if you have a tripod, you turn it this way and leave one side as reading matter, and this side is blank. Franklin/Yes, but what I think you're talking about Dee is if you have two that it's holding itself up that way, and we have writing on both sides. Vanderhoef/Both sides, so that it can be seen, in large frontage areas, it can really, you can set it out there and it can be read from both sides. Nov/Now if you put it perpendicular to the business - Franidin/(can't hear) occur in the downtown, because remember, this is only in the downtown. ?/Right. Kubby/Gunnerz. ? / (can't hear) one that they're thinicing of and they have one (can't hear) Franidin/Don't know. ?/(can't hear) Franidin/Let's check before you have your first consideration. What would you like it to be? Vanderhoef/I would like it to be - Franklin/Do you want both - Vanderhoef/I would like to allow both signs. Kubby/I don't want to allow two signs though, whether its for the same business or for different businesses. I like the idea of multi-faceted - Thornberry/One sign with multi-faces? Kubby/It fits most of the dimensions of the ordinance. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #5c page 5 Franldin/One sign-face is your preference. Kubby/No, I said one sign. Dee was also asking about being able to put a sign at either end of a business if they had a large frontage, and I'm saying I don't want to do that. Franldin/Okay. Do you have a problem with multiple sign faces? Kubby/Not if they fit within the dimensions of what is written in the ordinance. Franklin/Okay, well if you had two sign-faces, you could potentially have two six square foot signs. Kubby/Right. If pedestrians can get around them and it follows all the rules of the ordinance - Nov/Let's put that in with a question mark, and as we're getting these three groups together anyway, we'll bring that one up. And - Kubby/Should we continue this one as well? Nov/I would, yes. Kubby/I move that we continue while we wait to have the comment. Thornberry/Does it, does it specify anything about the sign moving? Norton/We talked about that last night. Thornberry/You lmow, like a barber-pole, for example. They used to spin. Norton/That's not portable though. Thomberry/Pardon me? Norton/That's not portable though. Thornberry/Well it could be portable, you could have it on a hook. Nov/You'd have to have it electrified in order to move it. Thornberry/Well yeah. But its not illuminated. I don't lmow. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #5c page 6 Nov/Barber pole? Thornberry/Don't know. It's just something more to think about. I like portable - Nov/Is there any other discussion? There was a letter from Bremer's wasn't there? Karr/That was to Planning and Zoning, it was not to City Council. It was contained for information purposes only, its not necessary to receive. Nov/Okay, we don't have to hear correspondence. Kubby/I move that we continue the P.h. to the next formal meeting. Vanderhoef/Second. Nov/Moved by Kubby, seconded by Vanderhoef that we continue this hearing to June 17. Any discussion? All in favor, please say aye - (ayes). Motion carried. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 June 3, 1997 City of Iowa City Page 7 Consider an ordinance amending the Zoning Chapter by changing the use regulations from RS-5, Low Density Single-Family Residential, to OPDH-12, Planned Development Housing Overlay, for a 2.38 acre property located at the northeast corner of the intersection of Scott Boulevard and Lower West Branch Road to permit a 37 unit multi-family building for elderly housing. (REZ97-0002) (Second consideration) Comment: At its April 3 meeting, by a vote of 6-0, the Planning and Zoning Commission recommended approval of the rezoning and preliminary OPDH plan. Staff recommended approval in a report dated March 20. The developer has requested expedited consideration of this item (letter to PCD Director included in Council packet). Action: Consider~an~ord~in<<% am/~endinf4¢T~iiL14, Chapt~entitl~e/Xdd~ "Zoning," to provide elderly housing alternatives. (Pass and adopt) Comment: At its April 3 meeting, by a vote of 6-0, the Planning and Zoning Commission recommended approval of the proposed amendment as revised by the Commission on April 3. Staff recommended approval of the elder housing amendments in a memorandum dated March 20. Staff memorandum included in Council packet. Action: ~/-~/~~--z-~ Conside~~r a res~olu~t io'~n app~' r~oving :h~pla, of~'lls, a~a~40~'.7~ acre, 53-1ot residential subdivision located on the north side of Rohret Road, east of Highway 218. (SUB97-0010) Comment: At its April 3 meeting, by a vote of 7-0, the Planning and Zoning Commission recommended approval of the final plat, subject to the approval of legal papers and construction drawings prior to Council consideration. Legal papers and construction plans are being reviewed. Staff recommended approval in its April 3~re~_/ Consideration was deferred from May 6 and May 20. Action: #5d page 1 ITEM NO. 5d. Consider an ordinance amending the Zoning Chapter by changing the use regulations from RS-5, low Density Single-Family Residential, to OPDH-12, Planned Development Housing Overlay, for a 2.38 acre property located at the northeast comer of the intersection of Scott Boulevard and Lower West Branch Road to permit a 37 unit multi-family building for elderly housing. (REZ97- 0002) Nov/(Reads agenda item #5d). Kubby/I'm hesitant to say that, because tonight we just got a letter that has some questions about the responsible party and the number of total people that could be - and its really hard to read this and really be able to take in the questions and the answers and then to do final consideration. I feel uncomfortable collapsing. Baker/I agree. Nov/Karen, does this apply to this development? I'm not sure. Franldin/No, this isn't (can't hear) Nov/I'm sorry, this is a different question. Kubby/I'm sorry. I'll say later what I said before at the right time. Nov/Okay. Kubby/Sorry. Nov/Thank you. Thomberry/What is the sense of urgency here, construction season? Baker/Construction season. Thomberry/I have no problem with expediting. I'd read it, but I don't have a card. Norton/Don't you? I think I have a card here ifI can get it out of the drawer. All right, I'll do it. Ready? I move that the role requiring that ordinances must be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, that the second consideration and vote be waived, and that the ordinance be voted on for final passage at this time. Thomberry/Good. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #5d page 2 Nov/Moved by Norton, seconded by Thornberry, that we waive second reading. Is there any discussion? Roll call - (yes). Motion carried. Norton/I move that the ordinance be finally adopted at this time. Thornberry/Second. Nov/Moved by Norton, seconded by Thornberry that we do final adoption at this time. Any discussion? Roll call - (yes). Motion carried. We approve this ordinance. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #5e page 1 ITEM NO. 5e. Consider an ordinance amending Title 14, Chapter 6, entitled "Zoning," to provide elderly housing alternatives. Nov/(Reads agenda item #5e). Moved by Thornberry, seconded by Lehman. Now if we want the amendments we need a motion to erase the word "owner-occupied" in the definition of elder family home and to insert "managed and/or owned by a responsible party." And then the definition of responsible party has to be inserted along with this amendment. The definition reads: "a person who resides in and provides room and board in an elder family home; the responsible party may be but is not required to be an elder." And this goes back to the previous definition of elder family homes in that it is managed and/or owned by a responsible party. Thornberry/Move adoption of the changes. Nov/Okay, moved by Thornberry. Lehman/Second. Nov/Seconded by Lehman that we accept this amendment. Is there any discussion of the amendment. Kubby/Yeah, we got a letter tonight, and I guess what I said before isn't relevant because this is pass and adopt, we need to make a decision. So, I guess, Karin, did you get a chance to read through this? Okay. Maybe I'll just read the questions and we can talk about them, I think we have a responsibility to do that. One of the questions is if the responsible party has a family who is then living in this elder family home, is that allowable first of all? For the family of the responsible party to live in a dwelling unit? That there would be not only up to the eight elders plus the responsible party, but also the responsible party's family, which is getting at density up there pretty high. That's the, one of the concerns. And about the parIcing, how does that affect paricing. Karin Franldin/The density is still limited to eight persons, as I would read this, now let me just - Kubby/Eight people total. Franklin/That's right, for the people total. Norton/Limited to what? Franklin/It's limited to 8. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #5e page 2 Norton/I thought it was responsible plus two to 8. Franklin/No, it says "managed and/or owned by a responsible party offering a social living arrangement for at least two but for no more than eight persons living in the residence". Norton/So that's the eight including - Franklin/So that eight is going to include that responsible party or include the owner previously. It was not the owner plus. Nov/And this responsible party may be the owner or may be a person who rents this building for the purposes of elder family housing. Franklin/Right. Nov/Okay. So - Norton/What if its a family of four? Franklin/Then they can have four - ?/Four elders. Nov/They can have four elders or disabled. Norton/They have to have at least two elders, okay. So that that's properly understood. Kubby/You think the language is pretty clear about that? Okay. The second question was, can there be a house full of responsible parties with no elders? I'm assuming the answer is no. Franldin/No. Kubby/That's really crucial. Franklin/The majority must be elders, so actually the scenario for the part of the responsible party can be someone in there, one of them at least has to be an elder, which is 55 or over. Thornberry/Gee. Franklin/I know, it hurts, Dean. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #5e page 3 Thornberry/55 elder. Nov/All right, if there were a couple folks who, let's say they're married, they're over 55, they have two 25 year old children, they can still be considered responsible parties, they can still have - Norton/More or less Nov/They can still have four more people coming in for their elderly housing care. Norton/Right. Franklin/They could, but shouldn't. Twenty-five, they ought to be out of there. Council/(All talking). Kubby/Okay, we had talked about how do we ensure that these individuals are elderly, and isn't there every year, there has to be an affidavit that says that they're meeting - Franklin/That's when we have accessory apartments, that we go through the affidavit process. Kubby/Okay, what happens in an elder family home, how will the elderly part be enforced. Is it a complaint basis? With housing inspection? Franklin/I, let me check that. I believe it would be on a complaint basis. There isn't anything specifically here that requires that certification, as I skim through it. Kubby/When they renew their rental permits, would they need to show that they are indeed complying with the zoning ordinance? Franldin/Yeah, and I mean, well if its a rental, now elder family home, if its not rented, if its owned, then there would not be the inspection. Kubby/Even though you're renting rooms to people? Franklin/Except through - well it may not be, it may be owned collectively, so if it is, there are some state requirements that pertain to elderly living. Nov/Isn't there some kind of licensing? This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #5e page 4 Franklin/An elderly group home would be licensed. Nov/Is there a home business permit required? Franklirff No. Not by the city of Iowa City, no. Kubby/Does the responsible party have to be an adult? It just says "a person". Franklin/No, it doesn't have to be an adult. Nov/Well, do we want to say that it has to be an adult? Over 21 or whatever? Kubby/No, and adult is 18, you can get drafted when you're 18 Nov/Well, we could define it as we wish, I'm asking do we want to? Thornberry/They abolished the draft. Norton/That's true, they did. Council/(All talking). Nov/I just can't believe its going to be an issue, but it was something that was questioned Franldin/Not to be flippant, but it doesn't say that it needs to be a person either. Kubby/It does, it does. The definition of responsible party says "a person", it doesn't say four-legged, it doesn't say - Vanderhoef/So it could be a corporation - Norton/Well I'm' getting apprehensive about the number of issues we're considering here. Maybe we ought to defer this thing. Nov/Well it says "the person who resides in". Thornberry/At least its a person, they're residing, inside of. Kubby/I think those are all the question that were brought up - Lehman/It should be a responsible adult then. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #5e page 5 Kubby/And I think the most important one is the issue of can there be eight elderly plus the responsible party plus the family? I think the woman from the neighborhood is very concerned about the numbers of people in the zones though. I think - Franldin/The underlying zoning, the - Norton/Are we satisfied? Does it look clean? Vanderhoef/I am. Kubby/Yeah, I feel okay. Nov/Okay, we're reasonably satisfied. Let's have a vote on the amendment. All in favor please say aye - (ayes). Motion carried. Now we're back to the pass and adopt of the ordinance. Is there any discussion? Kubby/I would just request that we get Karin Franklin a copy of this letter, and if you would give a response in writing, that would be great. Thank you. Nov/Okay, roll call - (yes). Okay, we've adopted the ordinance. Karr/Naomi, will you accept a motion to accept the correspondence? Nov/Oh yes. Moved by Kubby, seconded by Lehman that we accept this correspondence. All in favor, please say aye - (ayes). Motion carried. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 June 3, 1997 City of Iowa City Page 8 q'l - /7'7 ITEM NO. 6. Consider a resolution approving the extraterritorial final plat of Meadow View Subdivision, a 31.5 acre, 10-lot residential subdivision located in Johnson County on the west side of Buchmayer Bend at its intersection with Highway 1. (SUB97-0003) Comment: At its May 1 meeting, by a vote of 7-0, the Planning & Zoning Commission recommended approval of the final plat. Legal papers and construction drawings have been al~proved. Stafif recommended approval in its May 1 staff report. /~,/z~,//~/~,_ Action: Consider a resolution approving the extraterritorial final plat of Williams Woods Subdivision, a 22.99 acre, 4-1or residential subdivision located in Johnson County on Highway 1 West approximately 1.5 miles southwest of Iowa City. (SUB97-0011) Comment: At its May 1 meeting, by a vote of 7-0, the Planning & Zoning Commission recommended approval of the final plat. Legal papers and construction drawings have been approved. Staff recommended approval in its May 1 staff report. Action: PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE WYLDE GREEN SANITARY 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 consists of reconstruction of the sanitary sewer in the area along Wylde Green Road from Highway 1 to Talwrn Court. The estimated cost of the project is $450,000. Community Development Block Grant Flood Disaster Recovery Funds will cover $400,000 with the remaining $50,000 to be funded by Sewer Revenue bond proceeds. PUBLIC HEARING Action: CONSIDER A RESOLUTION APPROVING Action: #5g page 1 ITEM NO. 5g. Consider a resolution approving the extraterritorial final plat of Meadow View Subdivision, a 31.5 acre, 10-lot residential subdivision located in Johnson County on the west side of Buchmayer Bend at its intersection with Highway 1. (SUB97-0003) Nov/(Reads agenda item #5g). Moved by Baker, seconded by Norton. Franldin/There was a question last night about outlot C and the note (can't hear) to release to owner. That phrase refers to a small piece of the Buchmayer Bend right-of-way which when the street is realigned, that right-of-way would be released and would become part of outlot C. Nov/Okay, thank you. Vanderhoef/Karin? What is the access to the land to the west of this development? Is there anything that goes off this lane? Franldin/Yeah, as I recall, is there an access from the north of that property? Norton/They're off of the comer road that goes south a little. Franklin/Well I'd have to look at the plat again. We looked at that issue, and there is access there. Vanderhoef/Okay. I wasn't sure where it was on the map. And I apologize, I wasn't there last night to see that. Franklin/The Lane that loops around -- the access would be off of that right-of-way, because the right-of-way is pushed to the west on this subdivision such that it would have access to that property to the west. Okay? Thank you. Nov/Any other discussion? Roll call - (yes). We have approved the resolution. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #5h page 1 ITEM NO. 5h. Consider a resolution approving the extraterritorial final plat of Williams Woods Subdivision, a 22.99 acre, 4-lot residential subdivision located in Johnson County on Highway 1 West approximately 1.5 miles southwest o£Iowa City. (SUB97-0011) Nov/(Reads agenda item #5h). Moved by Thornberry, seconded by Kubby. Discussion? Kubby/This is a much, much improved plat. I'm real happy with this transformation, so I'll be supportive. Nov/Okay, roll call - (yes). We've approved this resolution. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 June 3,1997 ITEM NO. 7. City of Iowa City Page 9 CONSIDER AN ORDINANCE AMENDING TITLE 3, "CITY FINANCES, TAXATION AND FEES, CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES," OF THE CITY CODE, TO ESTABLISH THE HOURLY PARKING RATE FOR THE LINN STREET LOT AT t~.50/HOUR FOR THE FIRST THREE HOURS AND ~5.00/HOUR FOR THE FOURTH AND ALL ADDITIONAL HOURS. (FIRST CONSIDERATION) ITEM NO. 8. Comment: This action comes as a result of the Council approval of the reconfiguration for the Linn Street Parking Lot (Parcel 64-1a) from long- term permit to short-term hourly parking as presented at the May 19 Council Work Session. This action will establish the parking fees for the lot at ~.50/hour for the first three hours. The fourth hour and additional hours will be charged at the rate of $5.00/hour. After 5:00 p.m., parkers are charged ~.50/hour. As a cashiered lot, Park & Shop stamps could be used to offset shoppers' charges beginning with the last hour(s) of parking to prevent shoppers, who stay over three hours, from being penalized. Action: ')~(~.,~//~f/fz,~5/) /'~'f' ~.,////2 CONSIDER AN ORDINANCE AMENDING TITLE 8, ENTITLED "POLICE REGULATIONS," CHAPTER 3, "ENTITLED GENERAL ANIMAL REGULATIONS," SECTIONS 1, 3, AND 4; AND AMENDING TITLE 8, ENTITLED "POLICE REGULATIONS," CHAPTER 4, ENTITLED "PET ANIMAL CONTROL," SECTIONS 1, 2, 3, 4, 5, 6, 8, 9, 11, AND 12 OF THE CITY CODE TO PROVIDE NEW REGULATIONS REGARDING ANIMALS, (FIRST CONSIDERATION) ~~_.~__~ ~ Comment: This ordinance repeals the current list of exotic animals and sets forth new lists of prohibited and restricted animals; requires pet shops, animal acts and exhibitions, kennels, breeders, and owners of restricted animals to comply with certain minimum regulations and obtain permits; regulates current pigeon and dove lofts; and prevents future pigeon and dove lofts from being constructed or maintained within the City. Corr~spondence in~l~_.~n Cpuncil pack~.~ ~ /~ ~Z~ Action: ,~~:~~ ~/~ L.' ~'/--'~g'~~ #7 page 1 ITEM NO. 7 CONSIDER AN ORDINANCE AMENDING TITLE 3, "CITY FINANCES, TAXATION AND FEES, CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES," OF THE CITY CODE, TO ESTABLISH THE HOURLY PARIGNG RATE FOR THE LINN STREET LOT AT $.50/HOUR FOR THE FIRST THREE HOURS AND $5.00/HOUR FOR THE FOURTH AND ALL ADDITIONAL HOURS. (FIRST CONSIDERATION) Nov/(Reads agenda item #7) Moved by Norton, seconded by Thornberry. Norton/For the first consideration that is. Nov/For the first consideration. To clarify this, the hours that will have the extra charge of $5 are between 7:30 a.m. and 5:00 p.m. The people who park anytime during that particular stage will be charged $.50 an hour for the first three hours only. Lehman/I have a point of information, Joe, you could probably help me with this. If you park there for five hours, you will pay $10.00, $11.507 Joe Fowler/Unless you shop and have a park and shop stamp to validate - Kubby/If you park a lot, its assumed you can afford to buy a lot. Lehman/Well if you parked for six hours, you'd pay fifteen dollars plus a dollar and a half. Fowler/Yes. Nov/The idea is to encourage short-term parking. If you want to stay for awhile, go somewhere else. Lehman/That's encouragement. Norton/That gets your attention, right? Fowler/That's basically the way the lot was operated before the first parIcing ramps were built. At that time it was 20 years ago and it was $2.50 for each additional hour - Lehman/And this will be well signed, and everybody will know. Fowler/It will be signed, and we'll have information sheets to hand to people as they pull into the lot. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #7 page 2 Lehman/You going to have a paramedic at the exit? Fowler/Probably a stack of my business cards. Thornberry/There is, Joe, plenty of room in the ramps for the ticket-holders, is that correct? Fowler/Yes. Thornberry/Now they can park on the top floors? Fowler/Yes, they would be - Thornberry/Three and above. Fowler/Yes, three and above. Thornberry/Now they've got their permits already. Is there any opposition from them moving from where they are now to the ramp? Fowler/We haven't heard any opposition. They haven't officially been notified other than the information that's been in the newspapers and on the radio and television. They will be receiving a letter shortly that tells them that this will be going into effect. Nov/They'll be told, your permit expires then, if you want to renew it you're in the ramp. Fowler/Yes, but they'll also be given the option, if they don't want to go into the ramp, of going to Chauncey Swan or one of our other lots - Thornberry/Or stay where they are and pay big bucks, right? Fowler/Right. Kubby/Now for those people who use Park and Shop for the $5 an hour hours, the businesses won't be charged that kind of rate, they'll be charged the regular Park and Shop amount, correct? Fowler/Right, they will continue to be charged the regular amount. Vanderhoef/As long as you're here, Joe, we've talked about this lot being a surface lot to promote turnover and we have a similar situation in our entire downtown in our one-hour meters of turnover, and for me personally, I would like to see us enforce Thi[s represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #7 page 3 the one hour and the lack of meter reading, or feeding. What is your experience with meter feeding and ticketing on our meters on the one-hour and two-hour meters? Fowler/Most of the action that we've taken so far on that has been at the request of a merchant or someone who wishes to park in an area and finds the same car there all the time. When we do go in and chalk tires and enforce the time limits, people do move and the area starts to have turnover. Vanderhoef/Okay. And what would your perception be of what it would take to have that happen downtown? Fowler/I would think it would probably be more of an initial effort that we probably could do with our current staff. It would be, it would take longer per vehicle initially, but eventually, as people got used to the enforcement of the ordinance that there would be more compliance voluntarily. Vanderhoef/And if you had a recommendation, would you have a specific recommendation for one- to two- hour meters? Fowler/I'm not sure I really understood that. Vanderhoef/If we were going to enforce this on a real strict basis, would you suggest that we stay with our one-hour meters or go with two-hour meters in some places in downtown? Kubby/You mean actually change the meter? Vanderhoef/Changing the time limit on some meters in downtown. So having some two-hour meters downtown, and some one-hour meters. Fowler/The way that we currently have structured the meters is the shorter meters are in the core of the downtown, and the further you move out, it's a longer term meter. There are some two-hour meters downtown, and there's even some five-hour meters on Iowa Avenue. We've structured them based on what we see and what we've been told by business groups that we've worked with is the demand for parking in that area, for what time limits that they feel would best serve. So I guess that continuing with the current time-limits would be my recommendation at this point, unless you came back and worked with merchant groups and they came back and said that wasn't adequate. Vanderhoef/Okay, thank you. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #7 page 4 Thornberry/I have one more question, Joe, about the Linn Street lot. Do you know if the library gives the park and read shoppers a one-hour stamp like the merchants do? Fowler/No, I don't. I lmow that they've had some discussions with the DTA, but I'm not really sure at what point they are with that, or if they've even started a program. Nov/I think its been just talk so far, I don't think they're actually doing it. Thornberry/It might be a good idea. Nov/Well its not the topic of discussion for now. Thornberry/Well I was just wondering. You had mentioned that they could bring in their stamps and that would apply to their last hour, and I was just wondering if the library would maybe consider doing that. Thank you. Kubby/We could encourage the library board to look at, continue to look at that. Nov/Any other discussion? Roll call - (yes; Baker absent). We've approved consideration on a 6-0 vote, Baker absent. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #8 page 1 ITEM NO. 8 CONSIDER AN ORDINANCE AMENDING TITLE 8, ENTITLED "POLICE REGULATION," CHAPTER 3, ENTITLED "GENERAL ANIMAL REGULATIONS," SECTIONS 1, 3, AND 4; AND AMENDING TITLE 8, ENTITLED "POLICE REGULATIONS," CHAPTER 4, ENTITLED "PET ANIMAL CONTROL," SECTIONS 1, 2, 3, 4, 5, 6, 8, 9, 11, AND 12 OF THE CITY CODE TO PROVIDE NEW REGULATIONS REGARDING ANIMALS. (FIRST CONSIDERATION) Nov/(Reads agenda item #8) Moved by Kubby, seconded by Norton. Discussion? Kubby/I have a couple of questions. One of them is on page two, about an animal control officer being able to enter private property. It says that the officer must obtain a search warrant, which I'm fine with, I think it's a good idea, or "enters onto the premises in a manner consistent with the law." Does that mean, Eleanor, that there has to be, like you hear, it appears, an animal screaming? Dilkes/Just like exigent circumstances, exigent circumstances, with which you've all become familiar. Kubby/Okay. So there has to be some kind of physical evidence that there's some abuse going on, or they have to get a search warrant which will also take some kind of evidence. Dilkes/I'm not familiar with the case law on animals, but I would assume that its something like that. Kubby/Okay. Did you have anything else to add? Okay. My other question was on the definition of- Misha Goodman-Herbst/I was going to add to that, "or permission by the owner." Kubby/Right. And I thought we'd talked about this before, but maybe not. I'm talking about the definition of"veterinarian" on page 6. "A person duly licensed by the State of Iowa to practice veterinary medicine." And I thought that we had X'ed out "State of Iowa" in case someone had, someone's a specialist in the Quad Cities, on the Illinois side, on iguanas, and someone comes in, they come in to do some work or to make some recommendations. Why is that a problem that we wouldn't recognize their expertise as a licensed vet? Goodman-Herbst/Do you know if there, if its legal for them to practice in Iowa if they don't have a license within the state? Dilkes/It very well may be, I don't - This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #8 page 2 Kubby/I'm looking on page seven where it says that they must provide a "certificate of neutering signed by a veterinarian," which is defined as an Iowa vet. But if your pet has been legally neutered in Illinois, and you have an Illinois certificate, it should be valid here. Norton/Transferability, yeah. Goodman-Herbst/Yeah, that was, it was a recommendation made by the committee to put that in there. Kubby/Have "the State of Iowa" in there? Goodman-Herbst/Yeah. Kubby/Maybe we could double-check with some people on the committee as to why that's so important. Goodman-Herbst/Yeah, we should do that, because currently rabies certificates are good anywhere. Issued even out of the country. Kubby/ I mean this is just first consideration, so we can ask that question and get back to it. Nov/And if the committee wanted to say it must be a licensed veterinarian, that would be fine, without specifying which state had licensed him or her. Goodman-Herbst/Right. Dilkes/We might want to take a look at where "veterinarian" is referred to other places (can't hear) so it makes sense - Norton/Yeah, we want to be sure (can't hear) island or something you lmow. Goodman-Herbst/Right, we might want to just match the definition in the state code. Vanderhoef/That's a good idea. Norton/You can buy a license for a dime probably. Kubby/There's a section in here for, There's a section on page seven on exceptions for animals who are trained to assist people who have disabilities. And does that This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #8 page 3 mean that if that assistive animal is a primate that is prohibited that that's an exception. Maybe its an obvious answer, but I just need to hear you say yes. Vanderhoef/That's the way we've got it now. Goodman-Herbst/ And as I expressed to the Council before, I don't lmow anyone in the country that is training any primates for this particular purpose, legally. Kubby/But - Goodman-Herbst/In a legal, training, certified fashion. Kubby/Uh-huh. Goodman-Herbst/If it came about, I think it'd be great to go ahead and put them in there. I think you are going to have a problem in eating establishments with a primate. Kubby/But this doesn't say that the animal has to be trained in some licensed facility, does it? The assisted, the assistive animal. Nov/There was a lot of, how shall I say, experimentation going on with that, for animal assistance at some point a few years ago, but I don't even lmow if it ever really got going- Goodman-Herbst/Well I know Karen saw a news something about - Nov/About primates being trained - Goodman-Herbst/I'm sure that there are people working on it. I've never seen anything being done. Kubby/But things change too, over time, so I just want to maize sure that if there's an assistive dolphin that they're not - Goodman-Herbst/Generally, you have businesses that do this, they certify animals to assist people with disabilities. Kubby/Right. Goodman-Herbst/There are people who train them by themselves, and if they can show that the animal is reasonably assisting them, then we're going to go ahead and give them the free license. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #8 page 4 Kubby/Right. Norton/Could I ask, is there any provision for appeals on people who're denied a permit, is there any, how does an appeal, we don't have something like a board of appeals, where does that go? Goodman-Herbst/Cun'ently in the ordinance, it would go to the, before the advisory board. Norton/Before the committee. Goodman-Herbst/Right. But Eleanor, they would also have the choice of taking it to the court system? Dilkes/I would think they would. Norton/If a permit were denied. Dilkes/I thini~ so. Thornberry/Go see Steve. Kubby/They could always go see Steve. Norton/They certainly shouldn't come to the Council, we should be clear on that. Thomberry/We're (can't hear). Norton/I also want, there's a thing I want to add that I had earlier been quibbling - I think this is a really difficult area, there are some fine lines to be drawn here about what kinds of things you'll permit, and what kinds you don't and lots of, no real logic answers, all the ideological questions entail. But I think its really our next stop trying to balance those things and come up with a permitting process that I think we should give a fair chance to see how that operates. But I want to congratulate the committee on dealing with a pretty delicate matter. Goodman-Herbst/I'll relay your message. I want to bring a point up to Council, on the restricted animal list, number two, that Shawn pointed out last week. Vanderhoef/What page are we on? Goodman-Herbst/My page may be different that yours. Mine is number four, but its the restricted animal list. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #$ page 5 Thornberry/What's the item. Kubby/We're on page five on ours. Thornberry/But who's the, who's the - Nov/All right, restricted animal list, which one are we talking about? Goodman-Herbst/Number two, where it starts with "Iguana iguana." Okay. Starting from Commodores, that's a scientific name, but the "K" name there, I'm not good with pronouncing scientific names. All of those animals should be on the prohibited list, as they originally were. Norton/Starting with which one? Nov/Number two, the one starting with "Iguana". Goodman~Herbst/You're going to make me pronounce, aren't you. Vanderhoe£/We need a period after "Varanus," and the rest should be on the prohibited list. Goodman-Herbst/That's correct. Norton/Correct. Thornberry/Just the rest of m~mber two. Goodman-Herbst/Yeah. Nov/Good catch. I don't - Thornberry/Does that have anything to do with your getting bit in the finger or something? Goodman-Herbst/Your dog did this, didn't he? Thornberry/While he was getting a license. Norton/That's because the leash is too long. Kubby/I heard that you issued him a certificate of competency. I can't believe that. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #8 page 6 Council/(All talking). Goodman-Herbst/I didn't issue one, he wanted one. Thornberry/I wanted - I got a - I got a summons. Nov/Let's not go into this, okay? Thornberry/Oh, Larry, this is great. Kubby/You've got your paper, where's your crumpled paper? Thornberry/I've got my paper. Nov/All right, Karen, did you follow that? I'd like us to read that amendment for the record. Would you do that? Kubby/Number two, "Iguana iguana, lizards of the order of Chamaeleontidae, and lizards of the genus Varanus" period. Nov/Okay, and then - Kubby/And then the other species here should be on the prohibited list. Nov/Move to the prohibited list. Goodman-Herbst/That's correct. Nov/Okay. May we have a second for this amendment? Moved by Kubby, seconded by Vanderhoef that the iguanas, or some of the iguanas listed as restricted should be moved to prohibited. Goochuan-Herbst/Yes. Naomi, can I add one thing? After "Varanus", the word "excluding" should be in there, because these subspecies are Varanus, they're just different types. Norton/Excluding should be there. Goodman~Herbst/Right. Nov/Instead of and - This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #8 page 7 Goodman-Herbst/"Excluding". You can leave the list in here, they also have to be on the prohibited list. Norton/Excluding them here, you (can't hear). Goodman-Herbst/Exactly. Nov/Okay, comma after "Varanus", "excluding", and then list species. Norton/This isn't going to cause some screaming from people who aren't here, is it? Goodman-Herbst/No. Nov/Okay, comma, leave "and", substitute "excluding", and all these species listed after "excluding" should also be on the prohibited list. Any further discussion of the amendment? All in favor, please say aye - (ayes). Motion carried. Misha, did you have anything else that you would like to amend now? Goodman-Herbst/No. Nov/Thank you. Thornberry/Thank you. Kubby/I'm assuming there isn't a fourth person to entertain revisiting the issue of banning rodeos and circuses? Norton/No. Nov/Okay. Kubby/I would still like to do that, but there aren't the votes, so - Goodman-Herbst/Now can that go to second consideration? ?/What? Kubby/And it can always be brought up. Council/(All talking). Goodman-Herbst/I thought that the Council had chose to defer it for the time being. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #8 page 8 ?/No. Thomberry/Oh we just, there just, there just weren't four votes to ban rodeos. Goodman-Herbst/Okay. Thomberry/I haven't been (can't hear). Nov/Well, if it comes up again, and there are four votes to ban rodeos, and circuses, it could happen. Goodman-Herbst/No problem. Thornberry/But it might change some of the votes on the overall ordinance, but that hasn't (can't hear). Nov/Any other discussion? Lelunan/No. Nov/Okay - Kubby/Oh, I had one, I guess I just wanted to make a public statement that on the definition -- I've done this before but,-- on the definition of an "animal at large", I disagree with it. I really believe that on your own private property, you should be able to have your dog loose without it being chained, tethered, or in an enclosed area without that being considered at large. And if that dog causes a nuisance on your property by biting someone or jumping on them or jumping out onto the street or into the sidewalk, that we have other places in the ordinance for us to take care of you and your dog under those circumstances. Norton/That's the hard way to go by your house. Kubby/But no one else agrees with me. Thornberry/Oh, this is tough, I agree with you. Nov/You know, nevertheless, its on week two. Thornberry/ Because this ordinance is so old, and they now have brand new things that you can bury in your ground and your dog wears the little collar and won't run across ~ This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #8 page 9 Nov/That's - Thornberry/That's a -- its a fenceless fence that wasn't thought of when the ordinance was - Norton/Not always guaranteed when a delightful bike goes by. Thomberry/I think that - there's two -- Goodman-Herbst/Just because I don't want the public to get the wrong idea, we don't consider those fences. Thomberry/I lmow you don't. Norton/Very good. Goodman-Herbst/We don't consider the dog confined just because its within one of those - Thornberry/I lmow you don't, but I think you should. Norton/I think she's right. Nov/I think she's right also. Moving on - Thornberry/That's two, maybe I'm wrong. Nov/Any further discussion? Thornberry/You got two votes out of seven, you show incompetency. Nov/Let's vote. Baker/Just for the record, rodeos and circuses are not banned. Thornberry/That's correct. Karr/They're not part of this ordinance at this time. Nov/Okay, we're moving on to the first consideration of the ordinance. Baker/We have someone who wants to talk, but I don't know if he - (can't hear) This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #8 page 10 Nov/Is there more than one person who wants to talk? Kubby/Oh, I think we should allow, we've always allowed - Lelunan/That's fine. Nov/We have had a lengthy public discussion on this issue, and we are not likely to entertain more amendments, but we will listen, okay? And we will listen to two people and no more than two. Steve Kendall/Okay, I'll keep it brief and I'll get right to the point. My name's Steve Kendall. I'm from Pittsburgh, Pennsylvania. I came in specifically to address the Council with regard to rodeos and circuses. We feel that the animal activists were going to come here tonight to try to attempt to influence the Council to ban or prohibit the circus and the rodeo. The sections in particular that I want to get to, regarding the ordinance here, the person you asked before, about the qualified veterinarian, Dr. Houck is with Ringling Brothers, traveling across the country with the circus. He is allowed to practice as a veterinarian in each state that the circus goes to. I guess the main thing was, was there a specific issue or problem that prompted the changes in the proposed animal ordinance. You have the wording of the definition of circus is very poorly written. Animals do not perform under the whip. A whip is strictly used as a cue to get the animal's attention. Nov/You realize that we're not banning circuses. Kendall/Oh, I realize that. But the wording in this particular ordinance, to be perfectly honest, isn't very good. Thornberry/(can't hear) We could fix it. Kendall/Okay. The definition of rodeo too. You have pigs, wild bovine, horses, they're domesticated today -- the horses you see in the rodeo are domesticated. Then you get into the sections in regards to who makes up the animal control; who makes up the advisory board; what qualifications do they have; do they have veterinarian degrees to make determinations of whether an animal should or shouldn't be used? Then you have a question on the waiver of fees. There are, the circuses and rodeos, have standards, they're also considered educational, by not only the public, but by the rodeo and the circuses. Who determines whether they meet the qualifications as being educational? And I guess the one other section I have is, what recourse does the circus or rodeo have if an individual makes an allegation and they state that a permit is denied. I thought that was an important point. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #8 page 11 Norton/I brought that up, and I think there is an appeal to the courts, if not this body, for example. Kendall/And we do have published guidelines in regards to the humane facts on the care and treatment of animals in the rodeo as well as the circus industry, and I just wanted to maize sure that everybody was aware of that. Norton/Well I would suggest that if you think there's wording, more appropriate wording for defining circuses and rodeos, that you leave that wording for the consideration of the Commission, and maybe that could be considered for improving the wording. I think the membership of the advisory committee is a matter for our judgment. We do have people on there that are qualified, and they can always turn to others. So I tltink that, the way that that stands, I don't know that, that you could specify exactly the specifications of the committee. Kendall/ Okay. We don't have any problem as far as, you lmow, regulations being set for it, and guidelines being set forth, and the city approving something that would definitely regulate the control of circuses and rodeos coming in, or individuals coming in, whether they give elephant rides or pony rides. What we worry about any type of prohibition or banning can be put in in the future. Norton/Well you never can tell what the future will bring. Nov/If you want to give your definition in writing to our animal control officer, we will consider amending that on the next meeting. Kubby/Because we vote on the ordinance three times. Kendall/Okay. Thank you very much, I appreciate the time. Terry Greer/Good evening. I'm Terry Greer, I'm from Colorado Springs. I've been asked to come here by a number of your residents, to visit your city tonight to speak on behalf of the sport of rodeo. I currently serve as the animal welfare coordinator for the sport of rodeo and we sanction 800 rodeos across the country. So we have a lot of experience in animal welfare situations, and I tend to agree with Steve on the -~ I think there's a big problem with the definitions here. I haven't seen too many pigs roped in the last few years. And I think they might be rather difficult. ?/(can't hear) Greer/Very hard. So I would be happy to help with that. I am particularly here to address -- I sent a great deal of information to the Council members including a This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #8 page 12 video and the criteria around our over-60 rules plus the veterinarian surveys that we do. We're currently, you might have noted in the last one, that we looked at 34,000 animals that participated in rodeos and there was only 16 documented injuries. I'm in the course, right now, of one that will result in 100,000 animals and we're seeing similar types of results. And those are by veterinarians who are not connected with us. They are independent veterinarians in the cities where the rodeos take place. We ask them for extensive documentation. They look at the animals when they come in. They look at them immediately following competition, and they look at them before they leave, so that there's no, if there is any evidence of a lingering injury, I do want to know about it. Because my job is to protect those animals and I'm going to see that its done. We take it seriously, and its not a trivial matter with us. Prior to doing this, I was the director of a number of the largest equine hospitals in the country, one Dana Helen Leeward (?) Animal Center. So, animal welfare has been a huge part of my life. I do have some concerns in that I believe that maybe some of the people that were originally responsible for asking for a demand, a ban, on the sport of rodeo and circus might be involved in the permit approval process. And I'm hoping that you do take that into consideration, to get the most qualified people that you have available out to do that. I would like to make one more offer. In a number of cities where these kind of concerns have been addressed, we've helped them adopt and to design animal ordinances for the specific protection of animals in exhibition things. And they've been quite successful in other cities, and I'd be willing to share those ordinances with you at any point in time, so that you can look at them. And that gives you something on the books. And they've been proven to work, and I have the track record on the ones that we've helped. I appreciate you taking time to hear me, and thank you. Nov/We appreciate all the correspondence. We'll have a motion to accept correspondence because you're not the only one, we've had a lot of them. If you want to give a sample ordinance to our animal control officer, we can consider using some of those specifications in the permitting process. I want everyone to understand, however, that there are not arenas in Iowa City that are likely to be acceptable to someone who's putting on a qualified rodeo. Greer/Then maybe we can help develop those and bring them up to the standards that you would like. A number of us - Nov/Minute. Minute is the word for them. ?/Good. ?/There you go. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #8 page 13 Greer/Okay, all right. But we're here to help you, and you have some great residents who are here to help you, so lets work together, and we can take care of everything. Thornberry/We appreciate your coming in. Greet/Thank you. Thornberry/And visiting with us, and the information that you sent. Nov/While we're - Council/(All talking). Nov/Thank you. Now we have a motion, moved by Lehman, seconded by Thornberry, that-- Karr/We haven't accepted -- we haven't given first reading as amended yet. Nov/We haven't done the amendments yet. Karr/No, you have a motion on the floor to give first consideration as amended. You have not voted. Thornberry/Roll call. Nov/Now we do the correspondence, or do we have to do first consideration first? Karr/First consideration. Nov/Okay. Let's have a roll call on first consideration. Roll-call - (yes). Okay, we have approved first consideration. Moved by Lehman, seconded by Thornberry, that we accept correspondence. All in favor, please say aye - (ayes). Motion carried. We have approved first consideration of this bunch of stuff. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 June 3, 1997 City of Iowa City Page 10 ITEM NO. 9. ITEM NO. 10. CONSIDER AN ORDINANCE CREATING A POLICE CITIZEN'S REVIEW BOARD TO ASSIST THE CITY IN PROCESSING CITIZEN COMPLAINTS CONCERNING THE POLICE DEPARTMENT AND ASSURING THE POLICE DEPARTMENT IS RESPONSIVE TO COMI~IUNITY NEEDS, (FIRST CONSIDERATION) Comment: Public comments were received on April 29 from two individuals. This ordinance has been placed on both the work session and formal meeting agenda as a result of Council discussion on May 19, Action: CONSIDER AN ORDINANCE PROVIDING TAXES LEVIED AND COLLECTED EACH THAT GENERAL PROPERTY YEAR ON ALL PROPERTY LOCATED WITHIN THE SCOTT-SIX URBAN RENEWAL PROJECT AREA, IN THE CITY OF IOWA CITY, COUNTY OF JOHNSON COUNTY, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF IOWA CITY, COUNTY OF JOHNSON, IOWA CITY COMMUNITY SCHOOL DISTRICT AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH SAID URBAN RENEWAL REDEVELOPMENT PROJECT. (SECOND CONSIDERATION) Comment: The adoption of this Scott-Six Tax Increment Financing District Ordinance establishes the mechanism by which incremental property tax revenues will be made available to the City for the purposes of financing public infrastructure improvements and providing financial incentives to qualifying businesses. The third vote' on this ordinance should not occur prior to adoption of the Scott-Six Urban Renewal Plan, which is scheduled for the City Council's June 17 meeting. Staff memorandum included in Council packet. #9 page 1 ITEM NO. 9 CONSIDER AN ORDINANCE CREATING A POLICE CITIZEN'S REVIEW BOARD TO ASSIST THE CITY IN PROCESSING CITIZEN COMPLAINTS CONCERNING THE POLICE DEPARTMENT AND ASSURING THE POLICE DEPARTMENT IS RESPONSIVE TO COMMUNITY NEEDS. (FIRST CONSIDERATION) Nov/(Reads agenda item #9) Kubby/Move first consideration. Lehman/Seconded. Nov/Moved by Kubby, seconded by Lehman, that we give this first consideration. Discussion? Vanderhoef/Just a couple of things, since I missed the discussion last night. I spoke with the Assistant Attorney, Dennis Mitchell about just some language on things, but one of the things that I wanted to revisit, just to be sure I'm clear how it looks. And that's on page three, under number three, bullet number two. There's been different discussions on what personal lmowledge looks like, or who we are, or strangers that we receive complaints from. And I'd just like clarification on that. Does it have to be someone who saw the incident? Nov/All right. I thought we said it had to be, unless it were the police chief or the city Council, or the board itself, that initiated it - Kubby/Or a parent or guardian. Vanderhoef/That's what I understood, and if that's the case, I would like a little rewording considered for that. Dilkes/I think later on in the ordinance, or at some point in the ordinance as I recall, there is a thing that says that parents and guardians can, can plead on behalf of a minor. ?/Yeah. Vanderhoef/But, but this is pretty wide open language, "Any person with personal lmowledge," Dilkes/Then the person would have the personal knowledge, and the guardian or the parent would file on their behalf. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #9 page 2 Vanderhoef/In that particular case. However, if Joe doesn't want to come forward, and he tells his wife and his wife says "I'11 go and tell them, or fill it out for you," Dilkes/Won't work. Novick/That won't work. Vanderhoef/That won't work. And I'm not sure that that's clear the way its stated, but that's all. Nov/What we said yesterday is that we're going to polish the language - Norton/Yes. Nov/For the second reading. Norton/Right. Nov/There are some, areas where it's not as clear as it might be, and other areas where we've done a little bit more repetition than maybe we need. Vanderhoef/That I appreciate, and I offered a few things to Dennis today on that also. But I just wanted to be sure that I still had the same understanding of what "personal knowledge" meant. Okay? Norton/I think there was in that regard a real concern that we not arbitrarily preclude, in other words that it was better sonhe errors to investigate things than arbitrarily cut them off as an inappropriate complaint, you get into more trouble. Dilkes/ And I think there is a provision that would not allow just summary dismissal of the complaint - Norton/Right. Dilkes/For lack personal knowledge or something. Vanderhoef/And then I just have one more question. Dennis, if you hadn't thought about this, and that's on page 9, and this has to do with the appointments, one person, as it states now, "one person appointed for a two-year term, one person appointed for a three-year term, and three persons appointed for a four-year term." And I would suggest that maybe that might be changed to one for a two-year term, and two for a three year term, and three for a four-year term. Therefore we don't have as big a changeover at one time. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #9 page 3 Nov/I don't have a problem with that, does anyone else? Thornberry/Seems reasonable to me. Norton/Why wouldn't that be? Vanderhoef/Having three people change over in the one year seems - Norton/Yeah, that would be unreasonable. Vanderhoef/ A little much. And then following along Norton/How'd you end yonrs up with, one, two, two? Vanderhoef/One, two, two. Thornberry/One, two, two. Vanderhoef/Okay. And I would also like to consider term limits of consecutive terms and I would like to put that at two consecutive terms for any one person; eight years I suspect is long enough for one person before some of the same criticism might come back on the Cormaaission as might come back on the staff that we've heard in public discussion about "they belong to the establisbartent" or however that might look. And that would not preclude for me, someone getting offered the Commission for a term and then returning later. Norton/Do you think this should be different from this or other boards or Commissions as a member of the august rules committee? We've been trying to put these things into some kind of coherent and consistent form, and I just wondered if, you can succeed yourself on most of our Commissions, is that not correct? Vanderhoef/There are term limits on other Commissions. Fatigue usually talces care of that. Dilkes/One of the ways to do this would be to address it in the bylaws which I understand is typically done in terms of consecutive appointments. And then you could get the input from the initial Commissioners as to what they thought. Norton/I see, take care of it in the bylaws, yeah. Kubby/I tend not to like term limits, I think that's our responsibility, in our appointment process, to look at those issues, even though I agree with the intent, what we don't This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #9 page 4 want to have, people who become so much a part of the system that its harder to give the kind of oversight that is the intent of this body. Norton/I think a notion, because the bylaws would be drawn up by the Council and reviewed by the rules committee and recommended to the Council so you get another chance to see what the details are, we could have a note to that, to your effect. I think. Isn't that the way it goes, Eleanor? Nov/Well, the bylaws do come back to the Council, there's no question about that. Norton/No. Nov/These comments can be considered. Norton/Yeah, sure. Vanderhoef/And I also would consider a sunset clause on this Commission, that we're not sure how its going to look, we're not sure how it's going to play out. And I want to be real clear that this Commission is reviewed in a timely order to be sure that its functioning in the way that the ordinance was intending it to, that the function and that changes can be made or the Commission could be dissolved if not serving its purpose. Norton/We'll try it. Kubby/Yeah, I'd want it to be a longer term sunset clause than we've done in the past. Vanderhoef/I agree with that, Karen, in that its going to take a little while for it to get up and running, but I think maybe four years is max time to allow this to happen, even though there may be some review happening right along as it plays out, but a total review in four years I think is appropriate. Thornberry/I, we haven't discussed this at all, and I totally agree with that, I hadn't thought of a sunset clause for this Commission. I think we should give it a shot, a chance, and if its not working the way we thought in the heat of the moment when we anticipated this Commission, that if its not working that way, that it would be easy to, to let it go away, and have a sunset clause, unlike some of these, "yes you can at any time dissolve this Commission," or whatever, but to actually have a sunset clause in there, unlike the last piece of-- nevermind. But I totally agree, and I think four years is an adequate length of time for it. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #9 page 5 Kubby/What do other people think about the time frame? I don't mind doing it, but I don't lmow, five seems like a better number. I don't know ifI can articulate why I feel that way, but - Norton/Yeah. Kubby/I like the five. Vanderhoef/Four is the end of the two terms, that two of the five members will have been there at least four years, and I suspect that those people who were appointed for two years may well have a second term, so they might be there six years, so we have - Vanderhoef/Well they would only have been there four years at that time, but they would have had the four years that they came with, and they would be working for the six, you're right. Lehman/Don't all Commissions serve at the pleasure of the Council? Thornberry/Yeah, but its easier to have a sunset, so that it can be automatic, its automatically. Norton/More automatic. Kubby/It's a conscious review process on our part to make it a conscious and forward- stepping initiative on our part so we can say yeah, we want to keep them. Norton/Madam Mayor, I'm confused. Are we, are these members that will be dealt with tonight, or are they going to be dealt with at the second reading, just where do we Nov/Well, we don't lmow yet. They're going to be in the revisions for the second reading - Norton/When is the (can't hear) Nov/We can put them in as a formal amendment. We can just say staff added to the second reading. It's, I'm not sure, because it isn't in final form. Norton/Mightn't it be easier to just take some of the suggestions that we generally agreed with, like the sunset and the four years, and put it in there. Thornberry/It could. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #9 page 6 Norton/Incorporate it. Thornberry/It could. Vanderhoef/That'd be fine. Norton/And the change in the number of terms. Nov/Well, I don't know, do we need a formal amendment on those? Dilkes/It seems like most of the things you're talking about are fairly non-substantive, and we probably could do the amendment with the second reading. If we come across something that really changes, then we need to back up, but - Norton/Okay. Nov/All right, do we want a vote tonight swing we're going to amend this, or can we just direct you to go ahead and incorporate these changes. Dilkes/The latter I think. Nov/Okay. We will formally vote on those changes then as we vote on second consideration - Thornberry/Right. Nov/And if anybody's unhappy at that time, they can continue to amend, as long as its not substantive. Kubby/And I know that this process has been a long one, and I know Larry had encouraged us and had the idea of having a time frame which we didn't meet, but it did help us keep focused to say we need to work on this. And actually, I think the time was very well spent in trying to do something that really will help create more oversight for the police department, that will have some internal and external accountability opportunities and for some community information about the kinds of complaints that are resolved or not resolved through the police department. But I think that taking the time to go through the evolution that this particular ordinance went through, was worth the time, and that we have a good product here, and I'm anxious for us to get going and appoint people and get them trained and have this oversight start happening soon. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #9 page 7 Nov/Let me go back to yesterday's discussion about when to announce the availability of applications and when to actually appoint people to this board. We have a strong recommendation from staff that we listen to the design of the form and the staff person to accept the form and such other, how should I say, housekeeping management decisions before we announce the appointments. We have the possibility of hearing all of these considerations and recommendations at our next meeting on June 17, which would be second consideration. Then we can do third consideration on July 15; announce the appointments at that time, and then appoint members to the board on August 26. Is this acceptable? Thornberry/It seems like an awful long time, that's - Nov/Well, because we've canceled meetings. Kubby/Is it possible to if we're going to hear about staff recommendations on some of housekeeping things, at that meeting, is that correct? Nov/That's what I said. We should have the presentation at our work session before the June 17 meeting, and we should be able to discuss the management aspects of this and the design of the form and whatever else. Kubby/Couldn't we than at that same week announce the vacancy, and then - ?/Makes sense to me. Norton/Yes. Kubby/And then - Nov/Well, there's been a recommendation that we wait until we have all of these - Vanderhoef/Until we've voted on all - Dilkes/I think that some of the things that came up tonight, the length of the terms, for instance, that I think you're well advised to wait till - ?/Wait till - Dilkes/Or at least wait till a couple weeks from now when you get that memo from Steve about staffing, and that kind of thing, and we get a little, we get the ordinance in ordinance form, and its a litfie closer to the time - Norton/And then we can decide actually on the 17th exactly how to do it. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #9 page 8 Dilkes/Then you can set your schedule on the 17th. Nov/But we will not have the announcement of appointments on the June 17th schedule. It will be on the July 15th schedule or later. Dilkes/I think that's a good way to go. Nov/Okay. Agenda, the word I was looking for, but you all understood. Any other discussion? Kubby/I also requested that once we made these changes to the ordinance, Dennis had said that he would send this to David Baldus who's been kind of maldng comments throughout the process to the professor in Omaha, I can't remember his name, do you Steve? Norton/Wallace? ?/Walker. Kubby/Walker. He's kind of an academic expert on police-citizen review boards, and also Matt Glasson the attorney for the police officer, who had commented on an earlier version, as well as officers. I'd really like to hear some feedback from officers before final consideration as well. Nov/Okay. Thornberry/Eleanor, is this, does this, should this at all be reviewed by someone at the state level before its implemented? Lehman/Who would review it? Thornberry/I don't know, just to make sure that it dots all the i's and crosses all the t's as far as the state's concerned. Dilkes/I don't think so, the only person I can think would do that, would be the Attorney General, and they won't give advisory opinions to cities, I don't believe. Nov/And we did have someone who might not work at the state level, but is an expert qualified person on employee laws and we did modify based on his opinion. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #9 page 9 Thornberry/I remember the time spent by a previous Council on an ordinance on spraying your yards, and then it was kind of shot down by the state real quick and Kubby/But that was because of action on their part, not because - Dilkes/There's no state statute that directly conflicts with this, so that would be the situation you'd be concerned about. Nov/Any other discussion? Vanderhoef/I'd just like to say that as a Councilor, I don't have any handles on how to do this. On how to be a Councilor, how to govern, what specific duties are there for me. But yet, from the very start, I've felt that the responsibility to review policies and procedures, and to reviewing actions and inactions by city employees, as to whether they are appropriate or inappropriate, falls to me as a Councilor. And I choose to take that responsibility. And that doesn't maize having a PCRB right or wrong. In fact, I'm real pretty much in agreement with how this ordinance has finally gelled out. And for me, I just choose to be the responsible party for making decisions, on employees' issues. I feel I was elected to do this, and I'm real okay with following through on it. So I'll be voting no... on the sunset. Norton/I assume they'll report to us, and we'll have to make the decisions on those matters. Nov/Yeah, they will be recommending only as far as changes in police practice are concerned. So we will be the final arbitrator. Vanderhoef/We will, and yet I would rather be out of the procedure. Kubby/So how would you deal with complaints? I know that one of the big plusses for me on this ordinance is that no matter how well the police may have internal accountability or not so well, one of the advantages of this ordinance is that people will feel more comfortable making complaints, I believe, because they won't be going to the police to make complaints about the police. But there's this other body to go to, so that people will feel more comfortable that something will be done, that it will be looked into. Whether or not they're satisfied with the process is a whole 'nother question. How would you, without this ordinance, suggest that we make the complaint process be more workable for the community? This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #9 page 10 Vanderhoef/Number one, I'm not positive that the method that's in place right now is broken. I've heard from some citizens who've, who are dissatisfied, they would like to see a different place to come however, I'm open to the conversations, I'm open to the letters, and for doing some legwork on my own. I also have stated previously that I was open to an ombudsman. Having just the PCRB for me, is singling out specifically one department of many in our city government. And our staff, all staff, gets a certain amount of review, through policies and procedures, at different times. And it comes through our management and through our Council. I just feel like if we're going to set a precedent of moving forward with policy reviews, then perhaps we ought to do them in all the departments. Kubby/And I would agree with that, although I do think that the police department is a very different creature than other departments because they have the power of arrest, and they have the power to use force, including deadly force. And that puts the kind of oversight in a different part of the ballfield for me. I don't disagree with the idea of an omsbuddy. I don't know that we can afford it. And this is, I'd rather forgo that at this time in order to do this specialized kind of oversight. Vanderhoef/I recognize that I'm alone in this, and so - Nov/No, no, you're not alone either- Thornberry/You're not necessarily alone either- Nov/I favor the ombudsman also, there just weren't four of us, - Thornberry/And I was too. I agree with a lot of what Dee Vanderhoefjust said regarding the PCRB. We at one time stated that we would set up a PCRB because of the Eric Shaw incident. Norton/And others. Thornberry/That was the only reason that I could see that this was even brought up. And I believe that it was, we've been working on this for quite some time, many, many meetings, to satisfy a few people. Such a minute minority of the people of Iowa City. And I don't think the vast majority have a problem with the way its been working for the last century. Kubby/I'll take issue. Norton/I'll take issue. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #9 page 11 Thornberry/Not that an ombudsman could not work. Not that a member - but they still have the PCRB, then would have, if they disagreed with the investigation, have the wherewithal, have the opportunity of doing an investigation by hiring an investigator. Is that not correct? And it's their call as to when and when they call in an investigator and it's just up to us to fund it. And I don't lcnow if I'm willing to go that far with the PCRB at this time. Norton/Well I want to begin strongly in favor of the PCRB. I think there were incidents in addition to the Shaw that suggested that matters might need to be reviewed. And we found ourselves that it took us most of the winter to look into the specifics of that situation, and related ones. It took us a long time to look into the procedures and all the details and it just seems to me that we ought to have someone doing that on a routine basis. If anything is centrally critical to the community it is that of the police force. And I, we're not the first community by any means, to set up PCRB. The similar, generally similar sorts to try to keep the public informed and the Council informed about the adequacy of that operation. And I think its critical. Thornberry/Well if you're talking about cities in the United States, you're absolutely right, we're not the only one. But I think we're one two in the State of Iowa, and that will mean having one, and I think the other one will be what, Dubuque - Norton/I think Dubuque, whole different scene there - Thornberry/Is a completely different animal than what we've created to this point. So this is, what everybody has said is that we're breaking new ground here. Nov/Well that's - Thornberry/As far as the PCRB is concerned, so that's not the norm. Lehman/But yet it's not uncommon. Nov/It's home rule in action. Thomberry/As far as being uncommon. Norton/Well lets see how it works. We've got a sunset in there, lets try it. Nov/All right. We're ready to vote first consideration. Baker/ Wait a minute, Ernie. Wait a minute. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #9 page 12 Nov/Okay. Go ahead. Baker/I wasn't going to say anything, because I didn't think there would be this much discussion at this point. For about the past month, I've been reviewing almost all the documents I can get since last August on this particular incident, because I'm doing some separate work on it. And one of the things that surprised me, I went back and read the Mayor's statement, September 10 or 12, that first meeting - Norton/Tenth. Baker/ The two parts statement, there was an expression of condolences, sympathy and sorrow. But the second part of that statement was that, was a request to the public to be patient with us, that there were a lot of difficult question to be asked and answered, and we would be investigating and reviewing police policy and procedure and we wanted their input; we wanted their help, but we also wanted their patience. And this process has taken a long time. It's required the patience of the public. I think one of the advantages of the PCRB will be that it will, I think and I hope, confirm that we have a very good police department. I think it will help remove some doubts and suspicions, by minority or not, people who feel strongly about the issues and shape public opinion. This is an ordinance that will be fine-tuned and changed, but I thinit in the long run what its going to do is set up a mechanism that establishes much more confidence in an already very good police department. And I thinlc for that reason, I feel very comfortable supporting it, and I thinit it's something that we can do, disagree about the overall goals and how to satisfy them, but this particular ordinance, I think, is something that we ought to be proud of. Lehman/Well stated. Kubby/There's a kind of bigger, political, philosophical thing going on here that in many countries, the police are controlled by the military, or by a small group of people, versus in a democracy where the police department is controlled through a democratic process. And this is another part of that democratic process, where people have control over the people who keep the rules and do the enforcement in our society. So I think its a wonderful part of the democratic process to have this on the PCRB. Nov/Okay. Thornberry/That's true, but I don't think that everyone should have the opportunity of saying the police is wrong, the police is wrong. You're not going to be right in everybody's eyes every single time. You can't please 100 percent of the people 100 percent of the time. I will be voting for this ordinance, due to the sunset This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #9 page 13 clause. But that's, and like Larry said, if it doesn't work, it'll go away. And if it works to the point where it's not needed anymore, it'll go away. In four years. I'm willing to give it a shot. I would rather have the ombudsman, something else other than a PCRB. Nov/I think that the ombudsman may come up again, because there are complaints about other city departments. And having a central person to review those complaints is not a bad idea. Thornberry/Exactly. Dilkes/I think that if Dean's vote in this first consideration based on the sunset clause that isn't in there right now, we probably should do a motion to amend now, to include the sunset clause if that how you want to - whatever you want - Thornberry/I would not vote -~ or I could vote no now, until it's included, because I wouldn't vote for it without it. Nov/You want to just vote that we amend it to include the - Thornberry/Can we amend this now? Nov/Sure. Thornberry/I move that we amend the PCRB by inserting a 4-year sunset clause. Vanderhoef/Second. Nov/Okay, sunset clause, four years. It's been moved by Thornberry, seconded by Vanderhoef. Any other discussion of the sunset clause? All in favor, please say aye - (ayes). Okay, back to the ordinance as amended. Roll call - (yes; Vanderhoef- no). That was the first consideration, and we had a 6-1 vote. We are going to have a short break. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #10 page 1 ITEM NO. 10 CONSDER AN ORDINANCE THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE SCOTT-SIX URBAN RENEWAL PROJECT AREA, IN THE CITY OF IOWA CITY, COUNTY OF JOHNSON COUNTY, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF IOWA CITY, COUNTY OF JOHNSON, IOWA CITY COMMUNITY SCHOOL DISTRICT AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH SAID URBAN RENEWAL REDEVELOPMENT PROJECT. (SECOND CONSDERATION) Nov/(Reads agenda item #10) Thornberry/Move adoption of the ordinance. Lehman/Seconded. Nov/Moved by Thornberry - ?/Wait, wait - Norton/I have an amendment. Karin Franklin/We need to have you move to amend it to take out the phrase regarding certification. Nov/Usually we put the second consideration on the floor and then we take amendments Franldin/I wanted to be sure that it got in there. Nov/I've got it. ?/I've got it too. Nov/Okay. Thornberry/Moved and seconded. Nov/It's been moved and seconded that we have second consideration. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #10 page 2 Thornberry/Lehman. Nov/Okay, that was Ernie. Okay, Thomberry and Vanderhoef- Thornberry/Are we going to argue about that - Norton/Are you going to move the amendment, or do you want me to, Dee? Dee/Go for it. Norton/I move that we amend the ordinance by deleting the expression in parentheses in section two, page four of the ordinance; delete that expression which specifies that certifying debt be made during calendar '97. We want to delete that. Lehman/Seconded. Nov/Okay, moved by Norton, seconded by Lehman that we delete words in parentheses. Is there any discussion? Okay. Can we vote on the amendment? All in favor, please say aye - (ayes). Motion carried. Now is there any other discussion on the second consideration of the ordinance? Kubby/I haven't changed my mind, I'm still going to vote no. That this plan outlines the parameters under which we will to approve TIF applications, and I don't agree with all those parameters. But when the individual applications come forward, I will be voting for some of them that meet the parameters that I like. Nov//Any other discussion? Roll call - (yes; Kubby - no). All right, we have approved second consideration on a 6-1 vote and Kubby voted no. Karin, is there any reason that we would not have the third consideration on the Urban Renewal Plan on our next agenda? Franklin/We're still working through the developers' agreement, and if that is not ready, then we won't have it. Nov/So there is still a possibility that - Franldin/We want everything to all come together at once. So, we'll hold offif that's not right. Nov/Thank you. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 June 3, 1997 City of Iowa City Page ITEM NO. 11. ~7-- ~7~, ITEM NO. 12. 17? , ITEM NO. 13. CONSIDER AN ORDINANCE REGULATING NON-MOTORIZED VEHICLES. (PASS AND ADOPT) Comment: This proposed ordinance will amend the City Code by repealing the regulations regarding "toy vehicles" and set forth new regulations regarding "non-motorized vehicles." In addition to defining "non- motorized vehicles," regulations include prohibiting non-motorized vehicles in the following locations: on arterial streets and on streets within the central downtown business district; on sidewalks within the central downtown business district; within Chauncey Swan Park; within the City Plaza; and in parking lots and ramps except where posted as a permitted activity. CONSIDER A RESOLUTION RESCINDING RE[SOLUTION NO. 96-321 AND APPROVING THE DESIGN OF EXTERIOR ALTERATIONS TO SUITE 160, OLD CAPITOL MALL, 201 S. CLINTON STRFET. Comment: Brost Architects & Planners have submitted an application for approval of the redesign of the exterior alterations to Suite 160, Old Capitol Mall, located north of the Clinton Street entrance (Taco Bell). The Design Review Committee will review this item and make a recommendation at its June 2 meeting. CONSIDER A RESOLUTION APPROVING THE CITY TRANSIT INTERCHANGE FACILITY. DESIGN OF THE IOWA Comment: At its May 27, 1997, meeting, the Design Review Committee, by a vote of 5-0, recommended approval of the design of the proposed Iowa City Transit Interchange Facility as submitted subject to 1) the use of a copper roof; 2) not cutting corners on the selection of materials; 3) Design Review Committee reviewing and approving exterior signs; and 4) the architect reviewing the quantity and size of the columns. #11 page 1 ITEM NO. 11 CONSIDER AN ORDINANCE REGULATING NON-MOTORIZED VEHICLES. (PASS AND ADOPT) Nov/(Reads agenda item #11). Thomberry/Move consideration of the ordinance. Norton/Seconded. Nov/Moved by Thornberry, seconded by Norton. Discussion? Kubby/I'd like to move that we amend the ordinance to add "wagons" to the excluded list in the definition of non-motorized list, 'Excluding bicycles, wheelchairs, baby strollers, and baby carriages," I would like to add "wagons", and by that I don't mean covered wagons, I mean children's wagons. Norton/Coaster wagons. Dilkes/I think there was a draft of it as "small wagons"? Norton/Okay Kubby/Okay, thank you. Vanderhoef/I'll second it. Nov/Okay, that was in our current draft? Dilkes/Yes. Nov/Moved by Kubby, seconded by Vanderhoef. Any discussion on the amendment? All in favor, please say aye - (ayes). Okay, the ordinance has been amended. Is there any discussion on the ordinance as amended? Vanderhoef/I don't know whether this needs to be an amendment, just that now we have all these lists of non-arterials, or excuse me, we have a list of arterials on here, I would like to make it clear that it's still okay to use the sidewalks in those areas except for the downtown area. Novick/It's not in here? Vanderhoef/Well, I wasn't clear that it was written in there. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #11 page 2 Norton/It'd be hard to list all the sidewalks, though. Kubby/That's not what it would need. Nov/Well, I haven't read it that recently, but at one point, I was sure it was in there. Vanderhoef/It got more confusing when they started adding all this, and - Lelxman/See on page four, it's included. Vanderhoef/Okay. Kubby/Yeah, "except in the central downtown business district, persons may travel upon or operate non-motorized vehicles on public sidewalks, but must yield the right of way to pedestrians, and be careful and prudent." Norton/Well the point of the young man tonight really reinforces the ban on doing it down in the central business district, doesn't it. (can't hear) Kubby/There were no questions about that, and we've always been on board for that. Norton/Oh, I lmow it's always been that way. I hope he understood that it was. Nov/There's no need for people to use these kinds of vehicles on the sidewalks, where we have a lot of pedestrians. I hope that we can get, how shall I say, conformance, compliance. An important safety issue. Vanderhoef/And just as an additional comment, these are the streets that when we do public works projects, that when we redo the sidewalks, we're going to do them wider along arterial streets; there will be more space to accommodate both pedestrians and the coaster vehicles. Nov/Good. All right, any other discussion? Roll call - (yes). We have adopted the ordinance. Kubby/All right. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #12 page 1 ITEM NO. 12 CONSIDER A RESOLUTION RESCINDING RESOLUTION NO. 96- 321 AND APPROVING THE DESIGN ON EXTERIOR ALTERATIONS TO SUITE 160, OLD CAPITOL MALL, 201 S. CLINTON STREET. Nov/(Reads agenda item #12). They did review this item, they recommended a couple of changes to the plans as submitted, and they recommended approval. Lehman/So moved. Thomberry/Seconded. Nov/Moved by Lehman, seconded by Thomberry. Any discussion? Vanderhoef/As I was looking through the plan, and hearing about the raised platform that is being proposed for the east side of the mall, that will stretch between Taco Bell and Talbot's, I'm having a little problem envisioning how the ramps will work from either end, or whether are they trying to put ramps out into the public right-of-way. I understand that the platform itself is on property owned by the mall which is fine, but as I look at the design of Taco Bell, just in our little sketch, it is showing, like, three cables out there on that property that gives me pause in that if there has to be a traffic pattern through here, until I see the whole design, I want to be real clear that we are approving not an outdoor restaurant, with this, just because they've drawn in those little circles that represent tables. Kubby/That's part of the recommendation for that area, for that entrance area, that that will have to go tkrough the planning review. Vanderhoef/And I won't be interested in looking at that until I see this entire - Norton/Yeah, what's the other end look like, will be interesting too. Vanderhoef/Yeah, because there's a safety issue there, for me at least, until I can be sure how that traffic flow is going to go, and where the ramps are, and how we're going to move people safely through there. Lehman/That isn't on public right-of-way? ?/No. Lehman/That's on their property, the sidewalk is between the - Vanderhoeff I understand that. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #12 page 2 Thornberry/Dee, that's a temporary situation right now - Vanderhoef/And there will be more. My concern is that they don't think because they drew in a restaurant in their private property today, that that's what we're approving. Thornberry/If you - (can't hear) Karr/There is a revised resolution in front of you this evening. Vanderhoef/I haven't seen it. Karr/Okay, the revised resolution notes that future review and approval of the raised plaza area adjacent to Taco Bell project is - Dilkes/One of the conditions. Vanderhoef/And that will take care of my concerns. Good. Thank you. Kubby/For example, the Holiday Inn had an outdoor service area on private property. They still had to go through, they still have to meet some guidelines, correct? That would be true, even if they did not serve alcohol. Norton/I have one more question. Did we ever finish anything about the number of window signs? Kubby/We kept that at 25% which is current law, since we didn't want to - so we didn't Norton/Okay, I just hope it doesn't evolve into something horrid. Thornberry/We could take a look at the sign ordinance when the other, with the projecting sign thing, when we look at that, we can look at the rest. Norton/Window signs. Nov/Are you sure about the revised resolution? Karr/Here's the signed one right here. Nov/I'm not seeing it right here. I have a recommendation from the design and review committee - It was from last night Karr/I've got extra copies of the original here - This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #12 page 3 Nov/Okay. Thornberry/I did meet with the Old Capitol Mall people, at the mall, and saw their projection scene of the outside, and it looks very, very nice. Karr/The copies are coming down. Nov/Okay, copies are coming. Lehman/Waiting. One more. Karr/Okay, I got it. Nov/All right, I'm going to read that one "whereas" paragraph so everyone will understand what we're talking about. "Whereas the design review application for the revised project, a copy of which is on file with the department of planning and community development, has been reviewed by the design review committee, and after due deliberation, the committee has recommended the design of the project be accepted and approved as submitted, subject to 1) the project containing only one safety sign on the center wall panel of the addition as previously approved; 2) future review and approval of the raised plaza area adjacent to the Taco Bell project; and 3) use of non~lighted window and door signage." Okay. Karr/Can I get the original back? Nov/Is this the original? Karr/With the paper clips. Nov/Is there any other discussion? Okay, roll call (yes). Okay, we have approved the resolution. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #13 page 1 ITEM NO. 13 CONSIDER A RESOLUTION APPROVING THE DESIGN OF THE IOWA CITY TRANSIT INTERCHANGE FACILITY Nov/(Reads agenda item #13) We need a motion to defer to June 17. Lehman/So moved. Thornberry/Seconded. Nov/Moved by Lehman, seconded by Thornberry. Any discussion? Kubby/Have we decided to defer this so that there could be some design changes so that the east part of this new interchange would look a lot more welcoming and possibly get the mechanical features out of it. Improve the appearance and decrease potential for vandalism. Thornberry/I'm also looking at it in a realm of expense. I think it's way, way, way too expensive. $235,000 or something. Norton/Yeah, 80% federal, 80% is federal. Baker/$225,000. Nov/$180,000 in federal transit funding and - Thornberry/I understand that. That's pretty expensive for a men's and ladies' restroom. Baker/Can I ask just a quick question for clarification. That $180,000 of federal money, that is not coming out of money that would have gone into any other Iowa City transit budget? Okay, good. Kubby/And we do have an obligation to provide our transit employees with restroom facilities in one form or another. We tried the port-a-potties, and they're just not an adequate solution. Vanderhoef/The only question I have is if we are building a building there and we do not presently have a public restroom anywhere in the downtown area, is this where we ought to be considering putting it? Kubby/We talked a little bit about that last night, as there are public restrooms in the mall and - Norton/Library. This represents only a reasonably accurate transcription of the Iowa City Council meeting of Jnne 3, 1997. F060397 #13 page 2 Kubby/And in the library, and in the University buildings, there are publicly available restrooms. And so it becomes a different kind of issue, a design issue when you have them be public restrooms versus private. Norton/It could be they didn't want people running across the street for that purpose, I mean it's very, it's a very equivocal building because, I mean, it has such different purposes, what one conceives. You think of it as a bus terminal, and it's not, it's a service building for the drivers actually, in some ways. Vanderhoef/Well I understand, definitely, we need something for drivers somewhere, whether it's in that location or not. But yes, we need something for drivers, but just in general, there's an absence of public, that you put on a map that says you are here, and here's where our paricing ramps are, and other facilities downtown, and we don't have - Norton/I asked some members of the downtown strategy committee if they gave that thought, and they, at least the person I spoke to, admitted that they did not. And it may not be given that there are a few options already, maybe it's just not worth the hassle. But they didn't think about it, so I guess - Vanderhoef/Yeah, but I did have that question posed to me by many shoppers. Norton/Yes, I'm sure. Vanderhoef/At different times. I'm aware that people are looking that aren't necessarily familiar with the downtown or with the University facilities. Norton/Well, we could put signage up and show them where to go. Kubby/Well the other thing is that we need to make sure that those restrooms are available for drivers. Vanderhoeff We need to have that. That part I have no qualms with, and - Nov/It would require additional restrooms. Vanderhoef/It would require at least one additional restroom. Thornberry/You could probably get another couple restrooms in there for $225,000. Anyway, I'm ready. Kubby/Okay, we're deferring. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #13 page 3 Nov/We defer, we need ayes. All in favor, please say aye (ayes). Motion carried. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 June 3,1997 ITEM NO. 14. ITEM NO. 15. ITEIVI NO. 16. City of Iowa City Page 12 CONSIDER A RESOLUTION AUTHORIZING AN AGREEMENT FOR ACQUISITION OF PROPERTY IN LIEU OF CONDEMNATION BETWEEN RONALD F, JOHNSON AND THE CITY OF IOWA CITY, IOWA, FOR THE CONSTRUCTION OF A MUNICIPAL PARKING FACILITY. Comment: Ronald F. Johnson is the owner of 510 Capitol Street. He has accepted the City's offer to buy 510 Capitol Street for use as a municipal parking ramp. The purchase price is $90,000, which is the appraised value of the property. The purchase agreement is contingent on City Council approval of the purchase agreement and approval of an agreement to purchase the property in lieu of condemnation. CONSIDER A MOTION TO ACCEPT THE FORM OF TAX EXEIVIPTION CERTIFICATE PERTAINING TO THE $10,600,000 SEWER REVENUE BONDS. Comment: This certificate is executed and delivered in connection with the issuance by the City of 810,600,000 Sewer Revenue Bonds. This certificate sets out in detail a number of facts, promises, and obligations which must be met and agreed to by the City in order to maintain these Bonds as tax exempt. CONSIDER A MOTION TO ACCEPT THE FORM OF CONTINUING DISCLOSURE CERTIFICATE PERTAINING TO THE 910,600,000 SEWER REVENUE BONDS. Comment: This certificate is executed and delivered in connection with the issuance by the City of Iowa City of 810,600,000 Sewer Revenue Bonds. The disclosure certificate is being executed and delivered for the benefit of the holders and beneficial owners of the bonds and in order to assist the participating underwriters in complying with the Securities Exchange Commission (SEC) Rule 15c2-1 2(b)(5). Action'. ~//~~~~ #14 page 1 ITEM NO. 14 CONSIDER A RESOLUTION AUTHORIZING AN AGREEMENT FOR ACQUISITION OF PROPERTY IN LIEU OF CONDEMNATION BETWEEN RONALD F. JOHNSON AND THE CITY OF IOWA CITY, IOWA, FOR THE CONSTRUCTION OF A MUNICIPAL PARIGNG FACILITY. Nov/(Reads agenda item #14). Vanderhoef/Move adoption of the resolution. Thomberry/Seconded. Nov/Moved by Vanderhoef, seconded by Thomberry. Discussion. Roll call. (yes; Baker- absent). We've moved to approve the resolution on a 6-0 vote, Baker absent. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #15 page 1 ITEM NO. 15 CONSIDER A MOTION TO ACCEPT THE FORM OF TAX EXEMPTION CERTIFICATE PERTAINING TO THE $10,600,000 SEWER REVENUE BONDS. Nov/(Reads agenda item #15). Kubby/Move adoption of this motion. Norton/Seconded. Nov/Moved by Kubby, seconded by Norton. Discussion? Vanderhoef/I just have a question for Eleanor. When these bonds go on the open market, is there any conflict of interest for a city employee or an elected official to buy them on the open market? Dilkes/The answer is no. Nov/Darrel Courthey looked into this at one time, and the answer was no. Dilkes/Steve's nodding yes at me, so ~ Vanderhoef/Okay, thank you. Nov/Any other discussion? Roll call (yes; BalKer absent). Okay, we've adopted this resolution on a 6-0 vote, Baker absent. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #16 page 1 ITEM NO. 16 CONSIDER A MOTION TO ACCEPT THE FORM OF CONTINUING DISCLOSURE CERTIFICATE PERTAINING TO THE $10,600,000 SEWER REVENUE BONDS. Nov/(Reads agenda item #16). Kubby/So moved. Vanderhoef/Seconded. Nov/Moved by Kubby, seconded by Vanderhoef. Discussion? Roll call (yes). We have adopted this resolution. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 June 3, 1997 City of Iowa City Page 13 q'7- I71 ITEM NO. 17. CONSIDER A RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SECURING THE PAYMENT OF NOT TO EXCEED t~10,600,000 SEWER REVENUE BONDS OF THE CITY OF IOWA CITY, IOWA, UNDER THE PROVISIONS OF THE CITY CODE OF IOWA, AND PROVIDING FOR A METHOD OF PAYMENT OF SAID BONDS. Comment: $10,600,000 Sewer Revenue Bonds. Action: This resolution provides final resolution for issuance of the ITEM NO. 18, qq- ITEM NO. 19. CONSIDER A RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE ASSISTED HOUSING DIVISION OF THE HOUSING AND INSPECTION SERVICES DEPARTMENT AND THE AFSCME PAYPLAN BY ADDING THE POSITIONS OF SECTION 8 COORDINATOR, PUBLIC HOUSING COORDINATOR, AND INTAKE WORKER. Comment: This resolution is to approve the reclassification of two existing Housing Specialist positions to that of Section 8 Coordinator and Public Housing Coordinator. Also, this resolution changes the existing temporary Intake Worker position to permanent status. Staff recommends approval of this resolution. A staff memorandum providing background information concerning this request is included in Council packet. Action: CONSIDER A RESOLUTION RECLASSlFYING THE POSITION OF MAINTENANCE WORKER I IN THE CENTRAL BUSINESS DISTRICT DIVISION OF THE PARKS AND RECREATION DEPARTMENT AND AMENDING THE AFSCME PAY PLAN. Comment: As provided in the AFSCME Contract the Classification Committee reviewed this position and determined that changes in the job duties moves this position from Grade 2 to Grade 4 of the AFSCME pay plan, Action: #17 page 1 ITEM NO. 17 CONSIDER A RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SECURING THE PAYMENT OF NOT TO EXCEED $10,600,000 SEWER REVENUE BONDS OF THE CITY OF IOWA CITY, IOWA, UNDER THE PROVISIONS OF THE CITY CODE OF IOWA, AND PROVIDING FOR A METHOD OF PAYMENT OF SAID BONDS. Nov/(Reads agenda item #17). Thomberry/So moved. Norton/Seconded. Nov/Moved by Thornberry, seconded by Norton. Discussion? Roll call (yes). We have approved the resolution. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #18 page 1 ITEM NO. 18 CONSIDER A RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE ASSISTED HOUSING DIVISION OF THE HOUSING AND INSPECTION SERVICES DEPARTMENT AND THE AFSCME PAYPLAN BY ADDING THE POSITIONS OF SECTION 9 COORDINATOR, PUBLIC HOUSING COORDINATOR, AND INTAKE WORIr-~R. Nov/(Reads agenda item #18). We need a motion. Baker/So moved. Vanderhoef/Seconded. Nov/Moved by Baker, seconded by Vanderhoef. Discussion? Norton/I got mildly tangled trying to follow the nuances of this, but I managed to see the bottom line, finally. Decided it must be all right. Nov/Well we do have people here willing to answer questions. Kubby/I have a question for Maggie. We currently have three Section Eight housing specialists, right? Maggie Grosvenor/(yes). Kubby/We're not getting a fourth one. One of the three positions will be come the new Section Eight coordinator? Grosvenor/Actually, we had five. Okay, there were three then a vacated position was in a temporary intake, so isn't talcing one of those - excuse me, I'm doing the best I cm~ here, it comes and goes - putting it to an intake specialist, or an intake worker's position. Nov/Okay, did that make any sense? Kubby/Okay, then where is that fifth position that used to be there? Grosvenor/Okay, we'll have two housing specialists, a Section Eight coordinator, a public housing coordinator, and an intake worker. So there's that five spots. Kubby/So since we're not adding an employee, does it mean that you will be selecting from one of those three current Section Eight coordinators? Grosvenor/We've had a resignation, so we have a vacated position. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #18 page 2 Kubby/So then you'll be hiring new - who resigned? Grosvenor/Sandy Schutt (?) She's taken a position with the city of Cedar Rapids. Baker/There is a difference between a temporary worker and a full time worker. Grosvenor/Right. This was apparently a vacated position, hired interim, just to fill the work responsibility, and we're talcing in that temporary position, and putting it as a permanent intake position. That'd take the housing specialist, we're re- evaluating the temporary position and bringing it in as an intake specialist. ?/At a lesser rate. Grosvenor/Right. Nov/The total number of employees in the department remains the same. Grosvenor/That is correct. Thornberry/The total expense for those people decreases - Grosvenor/Goes down, that's correct. Norton/This is a bit like we're doing something with mirrors here - Kubby/Well - Grosvenor/We're trying to be complicated. Steve/It's that a re-classification allows Maggie to have two supervisors basically, over the two major functions of her division, the cost of the personnel does go down for that. If I recall, the reason we left the position temporary was to allow Maggie to come in, get settled in, and make her own choices. Kubby/Was Sandy doing public housing or section 8? Grosvenor/She was doing section 8. Kubby/My concern was, if one of the people who were currently doing Section Eight housing specialist duty wanted that other position, it would be gone. And that's not what's happening - This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #18 page 3 Grosvenor/No, it's not. Kubby/But it's because of the resignation that that won't happen. Grosvenor/Right, right. Kubby/Because I don't know that I could, I'd have a harder time supporting this if by chance everything - Grosvenor/Right. Kubby/It wasn't added opportunity. Grosvenor/Thank you. Nov/Is there anything else in the way of discussion? Roll call (yes). We have approved this resolution. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #19 page 1 ITEM NO. 19 CONSIDER A RESOLUTION RECLASSIFYING THE POSITION OF MAiNTENANCE WORKER I iN THE CENTRAL BUSINESS DISTRICT DIVISION OF THE PARKS AND RECREATION DEPARTMENT AND AMENDiNG THE AFSCME PAY PLAN. Nov/(Reads agenda item #19). Kubby/Move adoption of the resolution. Vanderhoef/Seconded. Nov/Moved by Kubby, seconded by Vanderhoe£. Discussion? Roll call (yes; Thomberry no). We have approved the resolution on a 6-1 vote, Thomberry voting no. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 June 3, 1997 City of Iowa City Page 14 ITEIVI NO. 20. ITEM NO. 21. ITEM NO. 22. CONSIDER A RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS, IAFF, AFL-CIO, LOCAL #610 TO BE EFFECTIVE JULY 1, 1997, THROUGH JUNE 30, 2000. Comment: The Iowa City Association of Professional Firefighters, Local #610 and the City have reached agreement for a Collective Bargaining Agreement to be effective for a three-year period beginning July 1, 1997. It includes wage increases of 3.25% in the first year,. 2% in each half of the second year, and 3% in the third year. It also includes other minor benefit and language adjustments. A copy of the Agreement is included in Council packet. Action: CONSIDER A RESOLUTION AUTHORIZING THE ACQUISITION OF PERIVIANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FOR CONSTRUCTION OF THE SOUTHGATE AVENUE AND STEVENS DRIVE STORM SEWER IIVIPROVEMENTS PROJECT. Comment: The City of Iowa City must acquire permanent easements and temporary construction easements to facilitate the Southgate Avenue and Stevens Drive Storm Sewer Improvements Project. This resolutidn authorizes City staff to negotiate acceptable agreements ~N.i~-h.-fO~-~ r~eso.r-t-i~,g-to condemnation. Prior to proceeding with staff will notify Council. C~f'~,,. condemnation, Action: CONSIDER A RESOLUTION AUTHORIZING THE ACQUISITION OF RIGHT- OF-WAY, PERIVIANENT EASEIVIENTS AND TEMPORARY CONSTRUCTION EASEMENTS FOR CONSTRUCTION OF THE EAST-WEST ARTERIAL PHASE I IIV1PROVEMENTS PROJECT. Comment: The City of Iowa City must acquire right-of-way, permanent easements, and temporary construction easements to construct the East- West Arterial Phase I Improvements Project. This resolution authorizes City staff to negotiate and the Mayor to sign these documents, including authorization of condemnation if necessary. Every effort will be made to negotiate acceptable agreements without resorting to condemnation. Prior to proceeding with condemnation, staff will notify Council. Action: #20 page 1 ITEM NO. 20 CONSIDER A RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS, IAFF, AFL-CIO, LOCAL #610 TO BE EFFECTIVE JULY 1, 1997, THROUGH JUNE 30, 2000. Nov/(Reads agenda item #20). Kubby/Move adoption of this resolution. Nov/Moved by Kubby. Vanderhoef/Seconded. Nov/Seconded by Val~derhoef. Discussion? Thornberry/Steve, I have a question. Are all firefighters, do all firefighters belong to this union? Atlins/Captain, Lieutenant, firefighters. Those are the positions represented by this unit. ?/Sounds like all but the Chief. Atkins/Chief and Battalion Chief. Thornberry/But do all of the firefighters belong, or do they have the option? Atkins/They all have the option to belong, by Iowa law, but whether they belong or not, they are represented by this, by the union. Thornberry/Okay, but Iowa is a Right to Work city, correct? Kubby/They can have the benefits of the union without having to pay the dues. Atkins/That's correct. Norton/Do we have some in that category? ?/We're out of that - Norton/We don't know. ?/No, we don't pay that much attention to that. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #20 page 2 Nov/Any other discussion? Roll call (yes). We have approved this resolution. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #21 page 1 ITEM NO. 21 CONSIDER A RESOLUTION AUTHORIZING THE ACQUISITION OF PERMANENT EASEMENTS AND THE TEMPORARY CONSTRUCTION EASEMENTS FOR CONSTRUCTION OF THE SOUTHGATE AVENUE AND STEVENS DRIVE STORM SEWER IMPROVEMENTS PROJECT. Nov/(Reads agenda item #21). Thornberry/Move adoption of the resolution. Nov/Moved by Thornberry. Norton/Second. Nov/Seconded by Norton. We have some amendments here. Rick Fosse/Yes, I want to point out there's an error in the comment there, so the comment is inconsistent with the resolution there that you're voting on. Where it says "without resorting to condemnation," it should say "including authorization of condemnation if necessary," that's our standard language. (can't hear). Nov/All right, the implication is we will use condemnation if we must, and prior to considering this condemnation, the staff will notify the Council. Fosse/Correct. Lehman/Glad you caught that, Rick. Nov/And the resolution is correct, it's just the comment that I read that is incorrect. Thank you. Any other discussion? Roll call (yes). We have adopted this resolution. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #22 page 1 ITEM NO. 22 CONSIDER A RESOLUTION AUTHORIZING THE ACQUISITION OF RIGHT-OF-WAY, PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FOR CONSTRUCTION OF THE EAST- WEST ARTERIAL PHASE I IMPROVEMENTS PROJECT. Nov/(Reads agenda item #22). Vanderhoef/Move adoption of the resolution. Nov/Moved by Vanderhoef. Thomberry/Seconded. Nov/Seconded by Thomberry. Discussion? Kubby/This includes the First Avenue extension up to the East-West arterial, doesn't it? Schmadeke/It does. Norton/I just wanted to ask, we did have a piece of correspondence about someone expressing concern about impact on Hickory Hill by these two coming projects. But my assumption is, how close are they except that thruway down by First Avenue, isn't there a little space in-between? It's not right up against it. Vanderhoef/The alignment - not sure... Norton/Oh, the alignment, I see, it's not right up against the park, is it? Kubby/The current street is right on the edge of the park, Norton/The first part - Kubby/The current pavement - Norton/(can't hear) swing east Vanderhoef/But there's developable land between - Arkins/The Larsen property's in there. Schrnadeke/That's right. Vanderhoef/Well, but on First Avenue extended, there's still developable land on - This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #22 page 2 Norton/On both sides - Vanderhoef/On the west side of First Avenue, before you get to the park. Kubby/Right, that's actually part of the concern that I've been hearing from people about this developable, developable land that makes it even more attractive to develop it sooner, and that that does impact the park, even though, that the road's not going through it, or the develop - we're not talcing land out of the park to have private development. But you've got vistas and views and atmosphere. Norton/Yeah, I understand, but I just wanted, you lmow, much concerned as I am with Hickory Hill, since I was heavily involved in recruiting Hickory Hill into the parks system, I hate to see anything happen to it. On the other hand, it's impossible to avoid, if we know developed land that was within the present boundaries, then we would get into the sprawl question. So we're between the proverbial rock and a hard place. In other words, I want to apologize, but you can't just sit on the thing forever and let all of it be park. Baker/A clarification. Is this the one we moved up in the CIP project? Norton/Definitely. Baker/Because I'll be voting no (can't understand). Norton/Well you mean you're concerned about the (can't understand). Baker/I disagree with changing CIP timing, and this is to implement a change that I disagreed with to begin with so. Norton/You want to get this easternmost one in first, you mean, yeah. Baker/Yeah, and come back to it. The old Tom Scott, John McDonald back room smoke deal. Kubby/The good old boy - Baker/The good old boy deal, yeah. It looked great out at Jirsa's one night at about two in the morning, as I recall. Thornberry/I see, I see. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #22 page 3 Nov/Roll call (yes; Kubby no, Baker no). We have approved this on a 5-2 vote, Kubby and Baker voting no. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 .J__u.~_e_,.,,3..~_,..!.?_9_.7_ ....................................City of Iowa City Page 15 ITEM NO. 23. CONSIDER A RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE IVIAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND SHOEMAKER & HAALAND PROFESSIONAL ENGINEERS OF CORALVILLE, TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE DESIGN OF THE EAST-WEST ARTERIAL PHASE I IIVIPROVEIVIENTS. ITEIVI NO. 24. Comment: This agreement is for the design of the East-West Arterial Phase I Improvements which include the East-West Arterial from Dodge Street to First Avenue extended, First Avenue from its northern terminus to the East-West Arterial, and the widening and signalization of Dodge Street at the East-West Arterial. These improvements when constructed will enhance arterial street traffic flow in north Iowa City. This agreement is for preliminary and final engineering design work, bidding phase services and construction survey work. The negotiated fee is ~190,000. This work will be financed with Road Use Tax monies. Public Works recommends approval of this agreement. Action: CONSIDER A RESOLUTION AUTHORIZING THE ACQUISITION OF PERMANENT EASEIVIENTS AND TEMPORARY CONSTRUCTION EASEMENTS FOR CONSTRUCTION OF THE WILLOW CREEK INTERCEPTOR SEWER PROJECT. Comment: The City of Iowa City must acquire permanent easements, and temporary construction easements to construct the Willow Creek Interceptor Sewer Project. This resolution authorizes City staff to negotiate and the Mayor to sign these documents, including authorization of condemnation if necessary. Every effort will be made to negotiate acceptable agreements without resorting to condemnation. Prior to proceeding,w/~ condemnation, staff will notify Council. Action: #23 page 1 ITEM NO. 23 CONSIDER A RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND SHOEMAKER & HAALAND PROFESSIONAL ENGINEERS OF CORALVILLE, TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE DESIGN OF THE EAST-WEST ARTERIAL PHASE I IMPROVEMENTS. Nov/(Reads agenda item #23). Thornberry/Move adoption of the agreement. Lehman/Seconded. Nov/Moved by Thornberry, seconded by Lehman. Discussion? Baker/Is this connected to Item #22 as well? Kubby/I have a question about pre-design meetings? I lmow that we have the alignment and those kinds of issues pretty, we've already discussed that, but will there be a pre-design meeting for neighbors to talk about other kinds of issues? Schmadeke/Well, we visit neighbors, as we go through the design process. Kubby/So, I'm looking, I'm sorry - Schmadeke/Will there'll be a meeting of all of them collectively or just for them individually, I don't - Kubby/Okay, I know that in the schedule section of the document, it doesn't outline specifically, it says "preliminary design and plan preparation," is that the time frame in which the pre-design meeting would happen? Because I lcnow when I meet with people individually, and when I meet with people collectively, sometimes you get a different kind of response, and if it's possible, I would prefer a collective meeting, versus the - if that works out. It's kind of been our new status quo, and I think it's a good idea. Even though the neighborhood isn't real fully developed in this area either, there are some neighborhoods and neighborhood associations in there. Thornberry/Have to check what they got on their calendars, to try to get it done. Kubby/It's worked in other neighborhoods. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #23 page 2 Thomberry/It hasn't worked (can't hear) Council/(All talking). Nov/Some people won't be available at the day that they're meeting; it happens. Okay, thank you. Any other discussion? Roll call (yes; Kubby no, Baker no). We've approved this resolution on a 5-2 vote, Baker and Kubby voting no. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 June 3, 1997 City of Iowa City Page ITEM NO. 25. q?- /~ ITEM NO. 2.6. CONSIDER A RESOLUTION AUTHORIZING THE ACQUISITION OF PERMANENT EASEMENTS AND TEIVIPORARY CONSTRUCTION EASEMENTS FOR THE CONSTRUCTION OF THE WILLOW CREEK TRAIL, PHASE I PROJECT, IVIORMON TREK TO GALWAY HILLS. Comment: The City of Iowa City must acquire permanent easements and temporary construction easements to facilitate the Willow Creek Trail, Phase I Project, Mormon Trek to Galway Hills. This resolution authorizes City staff to negotiate and the Mayor to sign these documents, including authorization of condemnation if necessary. Every effort will be made to negotiate acceptable agreements without resorting to condemnation. Prior to proceeding with condemnation, staff will notify Council. Action: CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE BROOKSIDE DRIVE BRIDGE RECONSTRUCTION PROJECT. [PROJECT NO. BRM-3715(5)--SN-52] Comment: The bid opening for the Brookside Drive Bridge Reconstruction Project was held May 2 by the Iowa Department of Transportation in Ames, Iowa. 10wa Bridge and Culvert, Inc. Herberger Construction Co. Schmidt Construction Co. Taylor Construction Co. Engineer's Estimate $183,129.90 ¢207,892.40 ¢210,060.45 ¢239,229.70 ¢ 158,000.00 Public Works and Engineering recommend award of the contract to Iowa Bridge and Culvert, Inc. of Washington, Iowa. This project will be funded by Road Use Taxes and an 80% construction cost reimbursement from Federal-Aid Highway Bridge Replacement and Rehabilitation Program Funding. Construction is anticipated to begin June 9, with completion in approximately four months. #25 page 1 ITEM NO. 25 CONSIDER. A RESOLUTION AUTHOPdZ1NG THE ACQUISITION OF PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FOP, THE CONSTRUCTION OF THE W~LLOW CREEK TRAIL, PHASE I PROJECT, MORMON TREK TO GALWAY HILLS. Nov/(Reads agenda item #25). Norton/Recommend adoption of the resolution. Kubby/Seconded. Nov/Moved by Norton, seconded by Kubby. Discussion? Thornberry/ What is the price of this portion of the trail? Does anybody remember? Nov/Rick, do you have that number handy? Fosse/No, I'm sorry, I don't. I can't remember it. I can go back to my office. Thornberry/No, can you remember just a ballpark, I mean is it - Fosse/I'm thinking it's - Thornberry/Three-thousand dollar range - Fosse/Two - Thornberry/ Say what? Fosse/Two-hundred thousand dollar range Thornberry/Two-hundred thousand? Fosse/Yes. Nov/It might be two-hundred plus three thousand. Lehman/That includes a bathroom though. Baker/and a rodeo arena. Nov/Is there any other discussion? This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #25 page 2 Thornberry/I'm afraid of it. Nov/I'm sure it's there. Thornberry/That's all right. Nov/Be my guest. Norton/Where does it actually go - Thornberry/From the what? Norton/From the entrance to Galway Hills down toward West High and then south? Is that where it goes? Thornberry/Yeah, I've got mine too. Fosse/It goes from Benton Street, or excuse me, Mormon Trek, near the intersection of Benton Street, west to 380, it's right by the base of the Galway Hills subdivision there. Norton/What does it do at 380 then? Fosse/It just terminates there. It'll go up into the subdivision - Thomberry/$275,000. Norton/But ultimately, it's going to connect to something else out there, isn't it? Fosse/Someday, I think - Norton/It hits 380, I guess I've lost that end of it. Vanderhoef/I think that's the one that connects up, ultimately, with the Coralville one. Norton/It must do that, yeah. Kubby/Well pin grant trail that will come off this when they go up the west side, too. Vanderhoef/Yeah, (can't hear) Norton/Yeah, that's very important, but I guess I was wondering about its other end - This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #25 page 3 Lehman/I don't think so, no. Kubby/Yeah, I don't think so either. Thomberry/That's two-hundred and seventy-five thousand. Fosse/275, thank you. Vanderhoef/It's going up by Camp Cardinal Lehman/This one does? Vanderhoef/Along the (can't hear) creek Thornberry/Mormon Trek to Galway Hills? Nov/Okay, roll call (yes; Thornberry no). We have approved this resolution on a 6-1 vote, Thomberry voting no. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #26 page 1 ITEM NO. 26 CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE BROOKSIDE DRIVE BRIDGE RECONSTRUCTION PROJECT. (PROJECT NO. BRM-3715(5)--8N-52) Nov/(Reads agenda item #26). We are going to need a motion to defer this and set a public hearing for June 17, because we haven't followed all the little rules. Lehman/So moved. Thornberry/Second. Nov/Moved by Lehman, seconded by Thornberry. The public hearing on this issue will be on June 17, and then the vote to award this issue following the public hearing. Is there any discussion? Thornberry/Well, the engineer's estimate is $158,000, and the lowest bid is $183,129.90. Lehman/Wait till we get the real bids. Nov/I think these are real enough, aren't they? Fosse/Yes, the DOT who handled the bidding process on this evaluated, and they're comfortable with the low bid. If we only received one bid, I'd be less comfortable. It looks like absolutely what it's going to cost to get it done, we were too low on our estimate. Thornberry/We don't have to re-bid it? Fosse/No, we don't. Nov/We do have to have a public hearing which we haven't yet done. Fosse/Yes. Norton/But I take it, construction doesn't start June 9. Fosse/That is correct. It'll start probably the 18th. Nov/Okay, any other discussion? All in favor of the motion, please say aye (ayes). Motion carried. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 June 3, 1997 City of Iowa City Page ITEM NO. 27. ITEM NO. 28. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR CONSTRUCTION OF THE FIRST AVENUE IMPROVEMENTS PROJECT, BRADFORD DRIVE TO MUSCATINE AVENUE. Comment: The bid opening for this project was held May 28. The following bids were received: Streb Construction Co., Inc., Iowa City, IA Metro Pavers, Inc., Iowa City, IA Tschiggfrie Excavating Co., Dubuque, IA Foley Construction Co., Clinton, IA Hurst & Sons Contractors, Inc., Waterloo, IA Engineer's Estimate $1,149,808.82 $1,189,294.32 $1,317,076.00 $1,351,955.00 $1,358,771.50 1,1 39,000.00 Public Works and Engineering recommend award of the contract to Streb Construction Co., Inc. of Iowa City, IA. This project will be funded by General Obligation Bonds and Road Use Taxes. Action: CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 1997 CURB RAMPS PROJECT. Comment: The bid opening for this project was held May 27. No bids were received. Engineer's Estimate $100,000.00 Public Works and Engineering will review the bid package and set another bid opening at a future date. Action: "~'"'~ ~'~~ #27 page 1 ITEM NO. 27 CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR CONSTRUCTION OF THE FIRST AVENUE IMPROVEMENTS PROJECT, BRADFORD DRIVE TO MUSCATINE AVENUE. Nov/(Reads agenda item #27). Thornberry/Move adoption of the resolution. Kubby/Second. Nov/Moved by Thornberry, seconded by Kubby. Any further discussion? Kubby/Well we added some things to create incentives for getting work done on time and some penalties for not doing work on time, and it didn't seem to discourage people bidding on it. We had lots of bids, so I'm glad to see that. Fosse/That's right. We even put some intermediate incentives in there, to keep things moving throughout the project. Kubby/So they don't do everything the last week. Fosse/Right. Kubby/Good. Nov/I I think that helps with quality as well. guess we should clarify that this was a good one because we had five contractors bidding. Fosse/Right. And if you'll recall, we had some concern about what kind of prices we were going to receive on this one because of all paving going on out by the mall. It's the intersection improvements and then 52 acres of parldng, and we're competing with that to get contractors. Thornberry/Would you repeat that, 52 acres of parking? Fosse/Yes. But I still might want a contractor (can't hear) Thornberry/Skateboarders, I can see it. All right. Council/(All talking). This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #27 page 2 Nov/They're going to have a bus that runs out to this mall in case any skateboarders don't want to skate here on the city plaza and have (can't hear). Thornberry/Rodeos. Council/(All talking). Nov/Okay folks, ready to vote? Roll call. (yes) Baker/I would just like to point out to the public we've been here six hours and five minutes, this is why it gets a little loose at this point. Nov/We have approved the resolution. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #28 page 1 ITEM NO. 28 CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERI( TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 1997 CURB RAMPS PROJECT. Nov/(Reads agenda item #28). So, we need a motion to defer this? Is that what we do with this? Karr/ We just aclmowledge it. It's just on the record because it was set to be awarded tonight. There's no action necessary. Nov/There's no action is needed. No action, no deferral, we just move on. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 June 3, 1997 City of Iowa City Page 18 ITEM NO. 29. ITEM NO. 30. CONSIDFR A RESOLUTION APPROVING, AUTHORIZING, AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND SHIVE-HATTERY, INC. OF IOWA CITY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE IOWA RIVER CORRIDOR TRAIL PROJECT FROM BURLINGTON STREET TO NAPOLEON PARK. Comment: This contract is for engineering services for the Iowa River Corridor Trail Project including surveys and base map preparation, preliminary and final design, right-of-way services, and Iowa DOT bidding procedures. The cost of this contract will be approximately $197,000. The estimated total construction cost for the project is $1,800,000. Funding for this work will be provided by Transportation Enhancement Funds, STP Funds, and Local Funds. ANNOUNCEMENT OF VACANCIES. a. Previously-Announced Vacancies. (1) Design Review Committee - One vacancy for a Licensed Architect or Business/Property Owner from the Central Business District or Near Southside Neighborhood to fill an unexpired term ending July 1, 1998. (Martin Haynes resigned.) (3 males and 2 females currently serve on this Committee.) This appointment will be made at the June 17 meeting of the City Council. ITEM NO. 31. CITY COUNCIL APPOINTMENTS. Consider one appointment to the Historic Preservation Commission: To fill a three-year term ending March 29, 2000, representing the College Green District. (This is a new position on the Commission.) (5 males and z~ females currently serve on this Commission.) Consider appointment of a sixth Iowa City representative to the JCCOG Urbanized Area Policy Board. Comment: Currently Iowa City has five representatives to this Policy Board. At the May 14, 1997, meeting, the Board amended their Articles of Agreement and increased Iowa City's representation. A lettel' from the Executive Director is included in Council packet. #29 page 1 ITEM NO. 29 CONSIDER A RESOLUTION APPROVING, AUTHORIZING, AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND SHIVE-HATTERY, INC. OF IOWA CITY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE IOWA RIVER CORRIDOR TRAIL PROJECT FROM BURLINGTON STREET TO NAPOLEON PARK. Nov/(Reads agenda item #29). Kubby/Move adoption of the resolution. Nov/Moved by Kubby. Vanderhoef/Second. Nov/Seconded by Vanderhoef. Lehman/I just have one quick question on this. I think, if I'm not mistaken, the Brookside Bridge project has been designed for some time, is that correct? Fosse/Yeah, we finished the design on that this spring - Lehman/Have while, have it ready when we can do it. If we designed this trail, that design is going to be good whether or not we decide to build it this year or whatever, right? Fosse/Right. Our intent is to build it in 1998. Lehman/Right. Fosse/And we have quite a bit of Transportation Enhancement Funds and STP Funds earmarked for this. Lehman/Realize that. Thornberry/Could you tell me please, the breakdown between the -- you probably can't, it's in your office right? The breakdown from the Transportation Enhancement Funds, the STP Funds, and Local Funds. How much are we funding locally for this one particular project? Fosse/Okay. First of all, for the engineering services alone, there will be no Transportation Enhancement Funds. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #29 page 2 Thornberry/Okay. Fosse/For the construction of the trail, oh boy. Vanderhoef/ (Can't hear) Fosse/I'm thinking it's in the eight-hundred thousand dollar range. Thornberry/But like Ernie said, if we do approve this, this is just for the engineering services, and once the engineering services are completed, some things we move up and some things we move back. If we moved this back, would the engineering service project be good later on? Fosse/You bet. We can put that on the shelf. If you recall, we've already designed the trail going down the west side of the river. This is switching it to the east side. So we've got that done, it's going on the shelf, so we can build that later. Thornberry/What I'm looking at is that you see a couple million here, and a couple million there, and pretty soon it gets into some real money and - Norton/Yeah, we're looking at that, yeah. Vanderhoef/Prod what length of time do we have to spend the STP Funds? Fosse/The STP Funds, if we chose not to spend them on this project, it goes back into the JCCOG kitty, and then we compete with the other entities for it again. Vanderhoef/So unless we spend it during the fiscal year '98, on this project - Thornberry/We can vie for it later if we wanted. Lehman/We can also spend, we can do part of the project, not do it all. Nov/That's exactly right. Atkins/I would encourage you to use your STP money as quickly as you can - Lehman/Right Atkins/You can take this project and carve it up into pieces and commit to the STP sooner than later - This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #29 page 3 Thornberry/It may go away is what you're Norton/Yeah, because this is pretty tricky - (can't hear) Nov/There is a possibility, and the same may happen to the Transportation Enhancement Funds. Fosse/We can back this project down to the point where the STP money is 80%, but we cannot exceed that 80% threshold. Norton/But this starts at Burlington Street, it goes down the west side, and then across the river and then down - Fosse/And down the east side. Norton/This is going to be quite an enterprise. Kubby/It'll be a great stretch of trail. Norton/I know, it's virtuous. Kubby/It helps it make it more, a greater potential basis for it to be used as, on a regular basis for transportation which is a lot cheaper than building roads. I had a question about the retaining walls along the river, and a concern for how those walls will look from the other side of the fiver, and - Fosse/Okay - Kubby/And I guess I just don't want them to be big things of rock, or big ugly things of concrete, and I just don't know what the options are, and I guess I want that to be part of what the consultant looks at. It's just a consideration of what that looks like from the other side, especially because our south side plan tallcs about greenway vistas that go down to the river and then we get down there by the power plant and you've got the power plant and the riffraff of the University and the concrete retaining walls and that's not really living out that southside - Fosse/After we develop the concept, if you'd like us to get back to you in a work session, or through a memo with that, or - Kubby/Yeah, that'd be great just to see what the options are, even i£it is concrete that is This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #29 page 4 Fosse/Embossed? Kubby/Yeah, like the parking ramp has some design, concrete design work on it that doesn't increase the cost incredibly ~ Nov/At least we can have someone design a low relief, we've got our one-half of one percent into art Norton/Oh there we go. Thornberry/Well it'd be full of graffiti anyway so ... Council/(All talking) Fosse/This is a real concern. We don't want to create a palette for graffiti out there, and a flat concrete is doing that. Nov/Right, so a little low relief. Kubby/So it's a couple of things, you lmow; graffiti prevention and living out the southside plan of green vistas that we (can't hear). Fosse/Okay, thank you. Thornberry/I'm okay with the, with engineering services, and we'll see about two mil, $1.8 mil (can't understand) if that's okay. Nov/Any other discussion? Roll call (yes). We have approved this resolution. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #30 page 1 ITEM NO. 30 ANNOUNCEMENT OF VACANCIES. Nov/Now I have a note here. We have an unofficial vote on the recorder election, Conger 4,056, Lacina 4,035. Kubby/Incredible. Norton/Oh, 56 to 35. Kubby/Wow Nov/And it will not be official until next week. There's a difference of 21 votes. Thornberry/And there are 28 absentee ballots which haven't been returned yet. Nov/I think they are still valid, m:e they, if they're postmarked today? Karr/ If they're postmarked today. Until they canvas next week, it will not be official. Kubby/Well unofficially, congratulations to Deb Conger. Norton/Well that's very complicated isn't it. Kubby/An election like that really shows, does show everyone how important their individual vote is. Thornberry/You bet. Norton/Right. Kubby/Every vote counts. Mary Neuhauser won by eleven votes one year, as, for city Council member. Thornberry/I'm disappointed in the number of votes, but - Nov/The number is very low, less than 8,100 votes. Baker/Well for a special election on something, on an office that most people don't ~ Kubby/That people don't know about or use - Nov/But that's county wide, that's not just a city election, that's a low turnout. Thornberry/Yeah. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #30 page 2 Baker/That'll change this fall. Vanderhoef/Yeah. We'll only have three thousand. Baker/There were people lining up to go to the six hour meeting, let me tell you. Thornberry/You're trying to discourage a lot of people - Baker/I'm just pointing out, we do it, six hours. Thornberry/It's very infrequent. Nov/If we could move on, we may go home tonight. We have an announcement of vacancies. (Reads Announcement of vacancy). This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #31 page 1 ITEM NO. 31 CITY COUNCIL APPOINTMENTS Nov/(Reads City Council appointment #31 a). The Council would like to appoint Pamela Michaud. The Council also needs a representative to the JCCOG Urbanized Area Policy Board. Mr. Baker, the Council would like to appoint you to that position. Would you agree? Thornberry/It was unanimous last time. Norton/It was unanimous because you were absent. Baker/I've got to go to these meetings. Novick/Yes. Baker/I mean the meetings last night. Norton/But we need you. Council/(All talking). Baker/I would feel honored and privileged. Kubby/If you can't show, you call Naomi. Baker/That's right. Nov/I'll be a substitute if needed, but we would really like you to be there. Baker/But just for the record, it's Wednesday afternoons, right? Nov/It's Wednesday afternoons at 4:00. Baker/No problem. Nov/And it's on kind of a monthly basis, that's how they decided to do it every two months or skip a super meeting. Baker/I may be on some tour of the Bahamas or something. Thornberry/It's in Des Moines. Nov/All right. We need a motion to put these two appointments - This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #31 page 2 Lehman/So moved. Vanderhoef/Seconded. Nov/Okay, it's been moved by Lehman and seconded by Vanderhoef. that we appoint Pamela Michaud to the Historic Preservation Commission, and Larry Baker to the JCCOG Urbanized Area Policy Board. All in favor, please say aye (ayes). Posting (?) signed; motion carried. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 June 3, 1997 City of Iowa City Page ITEM NO. 32. CITY COUNCIL INFORMATION. ITEIVI NO. 33. REPORT ON ITEMS FROIVI THE CITY MANAGER AND CITY ATTORNEY. a. Citv Manager. b. City Attorney. ITEM NO. 34, ADJOURNMENT. / #32 page 1 ITEM NO. 32 CITY COUNCIL iNFORMATION. Nov/Mr. Baker, would you like to be first? Baker/A quick one. I didn't mean to deter people by saying how long these meetings are, I think we should have a lot more people running for office. But I should have been very fair and point out that if we've been here six hours, members of the staff have been here fourteen hours and twenty minutes today, doing the city's work. So we need to take it easy on them as well as ourselves sometimes. Atkins/I got here at seven. Nov/Oh, come on. Baker/Sorry, City Manager fifteen hours and twenty minutes. Thornberry/And they're salaried so that's no overtime. Baker/ And that's all I've got. Nov/Okay. Dee Vanderhoef. Vanderhoeff There was a public announcement in the paper recently, and I just want to remind all the citizens to be very aware of private contracts coming to the door and wanting to do work for you during the summer months. That frequently happens, and they'll be offering to do small jobs. Be sure you check their credentials and you check that they are licensed, and have reputable references. Kubby/You can ask them for their contractor munber, and call the state. Vanderhoef/That's it. Nov/Okay, I would like to interject for a moment. If people have damage to the roof from the hail, it might be a good idea to have an insurance adjuster look at it, and tell you how serious your damage is before you have a contractor or roofer, etc. look at it, because there's a different point of view. Vanderhoef/Good idea, thank you. Thornberry/I got a thank you from one person that called this afternoon thanking the city for putting the two different water bills in the same envelope with one postage stamp. As opposed to two envelopes and two stamps. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #32 page 2 Lelur~an/We've been doing that for a couple, three months. Thornberry/Yes. But I got the thank you today, so - Nov/That's a good idea. We need some more of those from the citizens saying, Hey, you can do this and save some money. I won't bring up everything that we discussed last night during our Council Information time, but I did want to bring up that we have not forgotten about TCI, and I am one to, that will be holding our feet to the fire on our current contract and not, not letting them waiver from that, and we'll see what happens. Highway 6 bypass has been so noted, and the blacktop and things will be looked at, and whether it's a state highway problem cost, or whatever, I'm not sure, but we're looking at it. Atkins/I don't have an answer for it yet. Thornberry/That's all I have. It's late. Lehman/I'll pass. Nov/Karen? Kubby/Three things. Please remember that this Saturday, June 7, is Toxic Cleanup Day, you still have a day to make appointments. You can call 356-5200. You can show up, but we prefer an appointment. But we'd rather have you bring your toxics than put them in the landfill. Also, not this weekend, but the next weekend is Arts Fest, and there is tons of activities going on downtown. I'd encourage people to participate in as many of those as you can. Free stuff happening all week. And lastly, we got a memo from the City Manager about the City Attorney recruitment process, and wanted to know when we would talk about that. Well we scheduled that for the next informal. Atkins/I'd hope so. I think there are some questions we just need to - I posed some question for you in there, many of them we do not have to do immediately but we started the process for you. Kubby/I guess I would request that it be on our next informal so we can agree on a process. Nov/Okay. Kubby/I think the Council should be very involved in the beginning of the selection, or at least a portion of it. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #32 page 3 Atkins/That'd be the intent. Kubby/Well, staff screens, and I think Council - Atkins/That's your call. We'll help you out any way we can. Kubby/We're going to need your help. Nov/Okay, next work session, yes? 16th of June. Atkins/Yes, put it down. Kubby/Thank you. That's all I have. Nov/Dee? Norton/Two quick items. In addition to the concern we expressed last night about Highway 6, several aspects of it, the median and the general appearance of it, are pretty grim. How soon that can be done, I don't know, but I hope something can. But someone talked to me about the timing, they inquired about the timing of the left turn light from Gilbert onto the highway. And I don't know the details of it, but I just hope somebody will check it. You lmow, it's a very heavily trafficked comer, and some real left turn difficulties. Atkins/The left turn - Norton/The left turn from Gilbert onto the Highway. Atkins/Gilbert onto the Highway. Kubby/They feel that it's not long enough? Norton/Well, they're getting over-stacked there, and - Novick/Well some hours - Norton/Finding it not enough time to get through. And it may be that it's just one of those inevitable five-minute rushes where you have to just sit and wait. Thornberry/Well right now, Dee, there's that construction on Gilbert and Highland - Norton/That's hampered it, yes. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #32 page 4 Thornberry/And people that have been going up Highland and going down Boyrum can't do that anymore and - Norton/Adds to the problem. Not to cut that too short. I just wanted to mention to the rest of the Council that I have for a long time been following the minutes we had from the County Board of Supervisors, and kind of keeping a rough track of conversion of agricultural land to urban and suburban residential suburban and subdivisions, and I've just found that working a little bit, and with some of the people in the county, and try to get some handle on the extent of this. And we've talked about north corridor and others, but it must be quite a bundle of conversion, basically within the fringe area. I'm just trying to assimilate some data and see what we get ~ Kubby/There's a thousand lots available to develop currently in the county, right now. Norton/ Already. (can't heat-) a lot more. Kubby/Right, and I think that 150 building permit, residential building permits are given out in the county a year, so that's a lot of years of supply per current residential - Norton/Now this relates in general to our mutual concerns about greenspace and open space and boundaries to the city and - Kubby/And knowing when you're in the county - Norton/One of the goals of the original, our vision of Iowa City 2000, was to lmow when you're out of town. And some places you do (can't hear) that Veterans' Day thing, and it's very pleasant, and you're in the country, and there's no doubt. But other accesses, it's not that way. So, I was just looking at it. Nov/Okay. Norton/That's it. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #34 page 1 ITEM NO. 33 REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY. Nov/City Manager? Atkins/Nothing new. Dilkes/No, I didn't have anything. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 #34 page 1 ITEM NO. 34 ADJOURNMENT Nov/Kubby? Kubby/Move to adjourn the meeting. Lehman/Second. Nov/Moved by Kubby, seconded by Lehman that we adjourn. All in favor, please say aye (ayes). Motion carried. This represents only a reasonably accurate transcription of the Iowa City Council meeting of June 3, 1997. F060397 May 26 LJune 2 7:00p 4:00p - 6:00p 7:00p [~ IJune13 8:30a - 11:00a June 16 7:00 p.m. L June17 TBD 7:00 p.m. June 30 7:00 p.m. July 1 7:00 p.m. City Council Meeting Schedule and Tentative Work Session Agendas May 23, 1997 [] = Telecast Live on Cable Channel 4 MEMORIAL DA Y- CITY OFFICES CLOSED Monday REGULAR COUNCIL WORK SESSION Monday Council Chambers SPECIAL COUNCIL WORK SESSION City Finances REGULAR FORMAL COUNCIL MEETING Tuesday Council Chambers Council Chambers SPECIAL COUNCIL WORK SESSION Cultural Center/Library Project: Ballot Issue and Operating Costs Friday Council Chambers REGULAR COUNCIL WORK SESSION Monday Council Chambers SPECIAL FORMAL COUNCIL MEETING Executive Session - Evaluatio.ns REGULAR FORMAL COUNCIL MEETING Tuesday Council Chambers Council Chambers CANCELED REGULAR COUNCIL WORK SESSION Monday Council Chambcr~ CANCELED REGULAR FORMAL COUNCIL MEETING Tuesday Council Chambcr.~ Public Arts Presentation Teg Drive Traffic Calming Graffiti Ordinance Chutes and Vaults Southeast T-Hangar Peninsula Development - Field Trip Hickory Hill West Water Project Costs FUTURE WORK SESSION ITEMS Waste Pickup - 4-Plexes Cemetery What's New Iowa City Video Program Elks Landfill Master Plan Transit Route Study Sand Point Wells June 2 6:00p - 7:00p 7:00p June3 4:00p - 6:00p 7:00p [~ June '13 8:30a - 11:00a June16 7:00 p.m. June17 TBD 7:00 p.m. City Council Meeting Schedule and Tentative Work Session Agendas May 30, 1997 [] = Telecast Live on Cable Channel 4 SPECIAL FORMAL COUNCIL MEETING Executive Session - Land Acquisition REGULAR COUNCIL WORK SESSION 7:00p 7:30p 7:45p 8:00p 8:15p 8:30p 8:45p 9:00p 9:20p Monday Council Chambers Council Chambers Review Zoning Matters Public Arts Presentation Taco Bell Design Teg Drive Traffic Calming Transit Interchange Project Transit Route Study Update Sanitary Sewer Repair - New Policy Proposal Graffitti Ordinance PCRB Ordinance 9:50p 9:40p Consider one appointment to the Historic Preservation Commission representing the College Green District and one appointment to the JCCOG Urbanized Area Policy Board Council Agenda/Council Time SPECIAL COUNCIL WORK SESSION' City Finances REGULAR FORMAL COUNCIL MEETING Tuesday Council Chambers Council Chambers SPECIAL COUNCIL WORK SESSION Cultural Center/Library Project: Ballot Issue and Operating Costs Friday Council Chambers REGULAR COUNCIL WORK SESSION Monday Council Chambers SPECIAL FORMAL COUNCIL MEETING Executive Session - Evaluations REGULAR FORMAL COUNCIL MEETING Tuesday Council Chambers Council Chambers Chutes and Vaults Southeast T-Hangar Peninsula Development - Field Trip Hickory Hill West Water Project Costs Waste Pickup - 4-Plexes FUTURE WORK SESSION ITEMS Cemetery What's New Iowa City Video Program Elks Landfill Master Plan Sand Point Wells DARE Program Review