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HomeMy WebLinkAbout1998-03-09 TranscriptionMarch 9, 1998 Council Work Session page 1 March 9, 1998 Council Work Session 7:15 PM Council: Lehman, Kubby, Norton, O'Donnell, Thornberry. Absent: Champion, Vanderhoef. Staff: Atkins, Helling, Karr, Dilkes, Franklin, Davidson, Grosvenor, Yucuis, Schoon, Handsaker, Winsted, Goodman-Herbst, Mitchell. Tapes: 98-37, Side 2; 98-38, all; 98-39, Side 1. Review ZoninE Matters 98-37 S2 a. Consider a motion setting a public heating for March 24 on an ordinance conditionally changing the zoning designation on a 4.46 acre tract located at 500 Foster Road from Interim Development Single-Family Residential (IDRS) to Sensitive Areas Overlay-8 (OSA-8) to permit 35 dwelling units and approving a preliminary Sensitive Areas Development Plan. (REZ97-0011) Franklin/The first few items... setting p.h.s for March 24. The first one is on the Foster Road development that the P/Z Commission recently recommended denial. We want to go ahead and set the p.h. on this. It is my understanding that the applicant's are going to make some kind of modifications and ask the commission for reconsideration. The reconsideration option would be looked at on the 19th of March and if the commission decides not to reconsider then the applicant would like council to go ahead with the p.h. on the 24th on their original plan. Lehman/If the commission reconsiders, would we still have the p.h. on the changed plan? Franklin/No, we would then defer that p.h. I am not exactly sure how that is going to shake out .... Norton/...new one,.. get me a computerized picture .... I want to see how it is going to look .... Maybe they can. Franklin/That is an idea ....We will suggest that to them. b. Consider a motion setting a public heating for March 24 on an ordinance conditionally changing the zoning designation on approximately 41 acres located between Lower West Branch Road and Court Street extended, approximately 4/5 miles west of Taft Avenue from Low Density Single-Family Residential (RS-5) to Medium Density Single-Family This represents only a reasonably accurate transcription of the Iowa City council meeting of March 9, 1998 WS030998 March 9, 1998 Council Work Session page 2 Residential (RS-8) for 29.1 acres and Low Density Multi-Family Residential (RM-12) for 11.9 acres. (REZ97-0019) Franklin/Set a p.h. for March 24 ....This is the panhandle of Windsor Ridge. c. Consider a motion setting a public hearing for March 24 on an ordinance changing the zoning designation on approximately 24.12 acres from Interim Development (ID-RS) to Sensitive Areas Overlay-5 (OSA-5) and approving a preliminary Sensitive Areas Development Plan for property located at the east terminus of Hickory Trail. (REZ97- 0007) Franklin/Set p.h. on the 24th for a Sensitive Areas Overlay Rezoning .... to OSA-5 and a Preliminary Sensitive Areas Development Plan for property at the end of Hickory Trail. This is the next part of First and Rochester which the developer has asked that this be put on through to the city council. The recommendation from the staff and from the P/Z Commission is denial based on secondary access issues. And this was a rezoning that was before the P/Z Commission before the First Avenue vote. O'Dormell/ Lehman/First Avenue was still going to be constructed when this was first filed .... Franklin/The knowledge of the secondary access issue has been there for years .... (All talking). Kubby/It might be good... Jeff Davidson wrote a memo a couple of years ago reminding us about secondary access policies .... explanation of it... to review that. Franklin/Okay. Norton/That issue... should also be considered when we talk about Bud Louis tract back there .... Franklin/Probably more pertinent on the development of the peninsula .... Norton/And particularly property behind Bud's. Franklin/Yeah. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 9, 1998 WS030998 March 9, 1998 Council Work Session page 3 d. Consider a motion setting a public hearing for March 24 on an ordinance approving the preliminary OPDH plan for Walnut Ridge, Parts 6 and 7, a 66.68 acre, 20-lot residential subdivision located at the north terminus of Kennedy Parkway. (REZ98-0001) Franklin/Setting p.h. for March 24 ....Walnut Ridge, Parts 6 & 7 .... e. Public heating on an ordinance amending Title 14, Chapter 6, "Zoning," Article E, "Commercial and Business Zones," Section 2, Neighborhood Commercial Zone (CN-1) regarding size restrictions on restaurants. Franklin/This is a p.h .... amending the Zoning Ordinance regarding size restrictions on restaurants .... recommendation to you .... comes on a vote 6-0 from P/Z Commission is to amend the ordinance to regulate restaurants in the CN-1 zone by occupancy load rather than by square footage. The principle being that the occupancy load reflect more accurately the intensity of the use in terms of the people that are going to be there using this restaurant and thus the impact it would have in terms of traffic into the neighborhood. The threshold of 100 persons was arrived at... some research about restaurants in the area. This whole proposal has been a balancing act between opening up CN-1 to uses which may have greater impact than what was initially envisioned for this zone and trying to be more accommodating in terms of getting past the problems that we have had with some restaurants in the CN-1 zone ..... Address some of the issues in Kirsten Frey's letter because... I disagree with some of the points that she has made... other things I just want to point out in terms of our memorandum that went to the P/Z Commission and council. The most important thing... using Jimmy's Brick Oven Cafe as the model is that Jimmy's Brick Oven Care was located in Walden Square through a special exception .... 130 persons which is what the base is for Jimmy's Brick Oven for the inside... But the basic fallacy here is that restaurant was placed in the CN-1 zone as a special exception... looked at in the context as a whole. Kubby/ Franklin/I don't think that argument is pertinent to what the threshold is .... It is just important for you to know that that was located with special exception, not by right. Kubby/What is the difference between the number of feet and the occupancy load? This represents only a reasonably accurate transcription of the Iowa City council meeting of March 9, 1998 WS030998 March 9, 1998 Council Work Session page 4 Franklin/The occupancy load is a ratio and it is determined by the use of a particular area for a dining area ..... if there are not fixed seats, it is 1 person per 15 square feet. In the kitchen it is 1 person per 200 square feet and in the storage it is 1 for 200 .... The occupancy load as it relates to the storage area is much much lower than it is for the dining area .... If you have a beer garden, it is 1 person per 15 square feet. There is no occupancy level for bathrooms, Dee ..... Kubby/Then you take the square footage of all those different kinds of spaces... do your ratios and add them all up? Franklin/Yes unless you have fixed seating .....Fixed seating ....then you count the benches or the seating .... Lehman/Jimmy's Brick Oven is there by special exception .... appears to be a good use and size... Franklin/Jimmy's Brick Oven is a little bit unusual in terms of how it is laid out .... roughly .... 50/50 between seating area versus kitchen and storage ...... At Jimmy's it is about 60/40 and there is also the outside seating area which makes it a little different. Lehman/ .... It appears to be very nice .... seems to fit as well as it seems to fit. Why did it have to have a special exception? Franklin/Because of the way the law was written at the time which was 2500 square, you get in by right. Lehman/With what P/Z is proposing now, would that have allowed Jimmy's .... without a special exception? Franklin/No because he is over 3,000 square feet .... point out about Jimmy's Brick Oven... Walden Square .... Walden Square has been largely done as a whole .... It was all laid out at once. It also has shared parking .... important concept for the CN-1 zone particularly ....The parking is what visually is going to make it seem as if it fits in or not ..... The other thing I want to point out in Kirsten's letter, she is making a suggestion that there be another amendment to the language to include the words existing or proposed. The P/Z Commission agreed. They have done that already in the This represents only a reasonably accurate transcription of the Iowa City council meeting of March 9, 1998 WS030998 March 9, 1998 Council Work Session page 5 proposal. However she has one word in there. In her revision it would read in the total floor area allocated to restaurant use will not exceed 20% of the existing or proposed total public commercial floor area in a CN-1 zone. She doesn't discuss the word public... If that means you have to break out where the public can go in a restaurant and use that in your calculation of square footage. Then that means we are talking about more of the area of CN-1 being devoted to restaurant use than what was originally envisioned .... Under her proposal, you would only count the 50% that is the seating for public bathrooms ....You don't need that word public in there .... Thornberry/ Franklin/Footprint is irrelevant. Thornberry/ .... The size of a building may make a difference in a neighborhood commercial zone. Franklin/If you want to include the word public, that is a very different concept ....she has not discussed in her letter .... Lehman/ .....will this allow the restaurant that we are talking about to build? ..... Franklin/It will, with a special exception .... Mr. Streit had an approved special exception before the Board of Adjustment that was supported by the staff.... The problem came when he went to build, his total square footage was greater than the Board had allowed because of the basement. What this gets at by looking at occupancy load, is that basement then becomes almost insignificant .... it is 1 per 300 square feet. If you take the same building that he proposed .... I don't know exactly what all his square footages are in terms of usage .... I believe that what he proposed and got approval on initially, we can go through that process again and it will be supported by the staff and the Board ....need to get that basement in there... be within an acceptable occupancy load. Norton/I have a couple of other related things... parking .... 3326 square feet without counting 1200 foot basement ..... IfI look at 1200 square feet in the basement and divide by 300, that gives my 4 occupants .... then you take the rest of it .... going to get ....number of occupants ....140... divide that by 400 and you are going to have the right parking ....Parking ....imposition on the neighborhood .... This represents only a reasonably accurate transcription of the Iowa City council meeting of March 9, 1998 WS030998 March 9, 1998 Council Work Session page 6 Franklin/Parking does not change with this amendment ..... It is per square foot or occupancy load, whichever is less .... Norton/It is the lesser of these two things .... I can never see a case which the occupancy load divided by 4 is going to win in that case ..... Kubby/ Norton/Is that adequately handled by the changes that we are talking about? Franklin/The changes that you are talking about do not handle the parking at all. It is not going to address those .... If you change this to occupancy load, it is not going to affect how the parking is determined or used .... We can then, if you wish to, go back and re-evaluate how we do parking for restaurants in CN-1. Norton/ .... 3,000 square feet is about what you are coming to, gross area... occupancy is about 100... average 30 square feet per customer ....You are moving from 2500 square feet total to 3,000 square feet total .... Franklin/And if you want more, you have to go for a special exception. Norton/The Commission had earlier considered 3,000 square feet .... Kubby/Allows more flexibility for storage. Norton/ Kubby/ ....gives more flexibility .... Norton/I agree that occupancy load is somewhat more precise way to proceed. Kubby/In going through the special exception process, is there any maximum for CN-1 in that process? Or what are the guidelines for Board of Adjustment over 100 if we go with that number? Franklin/The same as there were when we had the square footage. There is no maximum but we will look at it in the context of other restaurants in the community and how they function .... Also use literature from Urban Land Institute .... idea as to what is appropriate. The 3,000 square feet... that is not outrageous .... This represents only a reasonably accurate transcription of the Iowa City council meeting of March 9, 1998 WS030998 March 9, 1998 Council Work Session page 7 Thornberry/Given that Jimmy's Brick Oven has 3,126 square feet and seating capacity of 195 people, I was wondering why you recommended no higher than 100 seating capacity? Franklin/...Jimmy's Brick Oven came in as a special exception... Why was that one okay? I think a lot of it had to do with the fact there was shared parking available, how it fit in with the whole development ..... Walden Square .... Thomberry/IfFareway put in a eating facility... would that be part of the restaurant capacity? Franklin/No ..... Kubby/Was there any discussion of having the ordinance state lower than 1007 .... Norton/ Kubby/ ....what was the rationale .... Norton/83 would have brought them back to the 2,500. Kubby/ Franklin/Maybe Ann... can you shed any light on this?... Commission's conclusion for 100 Ann Bovbjerg/As much as I recall .... it was oh, well, why not go to 100. Then the parking, 20% maximum rule .... style of restaurant would kick in ....amount of kitchen you need .... Norton/Gibson said it is a round number. I wanted to remind him, so is 90 ..... It was the maximum before them at that rate ..... Bovbjerg/Because there are size restrictions and economic restrictions .... Thomberry/ ....speedy service... definitely more speedy than a full service restaurant. Lehman/I don't know that I agree with that. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 9, 1998 WS030998 March 9, 1998 Council Work Session page 8 Thornberry/But I had pizza... It didn't take that long .... I don't know how many times they turn their tables .... Some turn faster than others .... Seating for 195 people- Franklin/That includes the beer garden, too. Kubby/But is that something that the Board of Adjustment would look at? .... A restaurant that has 80 seats that has a faster turn-over has more impact on the neighborhood with people coming and going .... Franklin/Oh sure, they can look at whatever they wish to. I think the issue there becomes .... 100 or less... there will not be any evaluation .... Thornberry/The parking... on neighborhood-commercial, it would seem to me if it would make a bigger difference where the unit was placed on the property than perhaps just a commercial block .... park behind in enclosed landscaped screened area. Franklin/All those kinds of things would be looked at through the special exception process. There are not criteria for the by right ones. Lehman/Karin, are you comfortable with the recommendation? Franklin/Yes. Lehman/Thank you. Thornberry/I am not real comfortable with the maximum of 100 without going through special exception. Kubby/I would like to go lower. Norton/90 ....100 is generous for a neighborhood. Thomberry/Jimmy's Brick Oven is neighborhood .... Norton/It is a little on the big side. Lehman/We are probably going to get some people talking to us tomorrow night about this .... (All talking). This represents only a reasonably accurate transcription of the Iowa City council meeting of March 9, 1998 WS030998 March 9, 1998 Council Work Session page 9 Franklin/ f. Public heating on an ordinance amending the approved preliminary Sensitive Areas Development Plan for Lot 51 of Walden Hills, containing 2.9 acres and located within the OSA-8, Sensitive Areas Overlay Zone at the northeast comer of Shannon Drive and Irving Avenue. (REZ97-0018) Franklin/This is a re-do of Lot 51... came through with attached units (refers to map). The developer has decided .... these are very small lots, detached s.f. dwellings... lots are about 27 feet wide... very narrow. Let me show you a picture of the unit. (All talking). Norton/ Franklin/It is what we have talked about. This is a photograph from a similar development in West Des Moines .... In Iowa City the fence won't be there .... sidewalk in front of the houses ....you have very compact narrow units. They are detached and each one is on its own lot. Thomberry/ Franklin/This has a green space in the back. You approach the units from the rear... garages are all in the back. Each unit has a doorway that faces the street ....This comes highly recommended .... Norton/Net better open space .... really small yard but they have common spaces. Franklin/And the developer has decreased the density on this from 35 units to 25. Kubby/In the CZA .... purpose for A and B ..... It is the escrow before the issuance of any building permits .... No unit can be occupied until the road is built. Franklin/That is right. That is to ensure that Shannon Drive is constructed before these units are occupied so that we don't have the traffic through .... Kubby/And what kind of barricades will they be that are placed? ..... This represents only a reasonably accurate transcription of the Iowa City council meeting of March 9, 1998 WS030998 March 9, 1998 Council Work Session page 10 Franklin/ .... They are standard barricades that are in the Manual of Uniform Traffic Control Devices. (All talking). Norton/Those will be on Irving and Coll? Is that right? Franklin/Yes ....where they go into Walden Woods. Norton/So he has to complete Irving Road and Shannon all the way to the north? Franklin/Shannon has to be completed to this intersection (refers to map) ..... Norton/ Franklin/The barriers go up if building permits are issued prior to the construction of this (refers to map) .... Norton/When we talked about this earlier .... (refers to map) .... Franklin/Those provisions are all to act as an impetus to get Shannon done. Kubby/ ....break away barriers for emergency access? Franklin/Jeff, can you answer that? ....break away barriers for emergency access? .... Davidson/The answer is yes, they could be. The Fire Department has indicated in the past, they don't want to stop and unlock anything .... Kubby/What about ballards? .... Davidson/Right, we got those up in the Ann Cleary walkway ..... Franklin/That is also a permanent application. Davidson/ Norton/This is really... effort to respond to suggestions... 2600 is a pretty small lot .... You could reach out the window and shake hands with somebody next door. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 9, 1998 WS030998 March 9, 1998 Council Work Session page 11 Franklin/Neighborly. Norton/ Franklin/ Kubby/This is a good local economic experiment for affordability. Franklin/It will be interesting to see how marketable they are and at what price they go. Norton/ O'Donnell/ Franklin/All of that stuff will have to be according to Code, that is just a given. The principals in this project are both either out of town or indisposed at this time and so they haven't signed a CZA. So we want to continue this p.h. to March 23, Bill Happel and Mace Braverman ..... March 24. g. Consider a motion to forward a letter to the Johnson County Board of Supervisors recommending that a request to rezone 5.3 acres from Suburban Residential (RS-10) to Planned Commercial (CP2) for property located in the northwest quadrant of the intersection of Highway 1 and Landon Avenue be denied. (CZ9801) Franklin/Last item is to consider a motion to forward a letter to the Board of Supervisors recommending that a request to rezone 5.3 acres .... be denied. This is obviously an application for commercial zoning. The Fringe Agreement does not contemplate commercial development in this area and so the recommendation is for denial. Lehman/Thank you .... Norton/ Franklin/It is just west- Davidson/It is quite a ways east .... Norton/ Franklin/This is west of where 965 will come down. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 9, 1998 WS030998 March 9, 1998 Council Work Session page 12 Norton/ ....could be commercial .... Franklin/ .... this is not in the growth area. The idea is that you don't put urban development out in the county. Norton/Agreed. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 9, 1998 WS030998 March 9, 1998 Council Work Session page 13 Review Agenda Items 98-37 S2 Lehman/Is there anything on the agenda tomorrow night that you want to discuss now? 1. Lehman/(Agenda #4d(2)-Convey 1702 California Avenue). In the Consent Calendar .... the first tenant to owner project .... I think that is very very significant .... enables someone to become a homeowner... should be recognized. 2. Norton/(Agenda #4d(3)-Scanlon Gymnasium) The move for a p.h. on Scanlon Gym should also get some special notice. (All talking-can't hear). Norton/You mean on the other items of the agenda? Kubby/It is like a federal policy ..... Lehman/A federal policy was also something that wouldn't have happened without council pushing for it .... 3. O'Donnell/What is the deal on the deer? Kubby/We are going to talk about that. It is on our agenda. 4. Norton/The one I wanted to ask about is the one- Is this a big problem what we did with Oral B and those loans? Kubby/That is on our agenda. Norton/ ....we will get that one, too, okay. Kubby/Let's get to our agenda. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 9, 1998 WS030998 March 9, 1998 Council Work Session page 14 Mormon Trek Boulevard Capital Improvement Program 98-37 S2 Lehman/Mormon Trek Blvd. Davidson/You received the information in your packet... three things happening in this area .... I did have some discussion this afternoon with John Moreland... developer of the project at comer of Westside Drive and Mormon trek Blvd .... give slightly different recommendation to you... timing issues .... Originally got thinking about this... relocation of Dane Road (refers to map) ....There will be an arterial street .... What we are planning to do with the Airport Project is build a stub of this road to arterial street standards, set up this intersection as a four-way intersection .... property line (refers to map) .... You will have to prioritized the remainder of the construction of this road at some future time in your CIP planning. When we got thinking about this, we started talking about this intersection (refers to map) .... Another thing .... expressed interest in project to expand capacity of Mormon Trek Blvd. by widening it from where it tapers to two lanes .... that was something you wanted us .... get project ready .... You sort of have three things coming together: Dane Road relocation, consider this intersection and expansion of Mormon Trek Blvd .... This property (refers to map) was recently re-subdivided... car wash, convenience store and a McDonald's Restaurant .... high traffic generating businesses... a lot of trips of very short direction... traffic from existing traffic stream in that area .... condition placed on the developer to add a right turn deceleration lane and a sidewalk along the frontage of his property .... decided... perhaps little point in having developer put this smaller project in rather let's get a fee in lieu of that and put it towards the larger project .... Had Rick do a little calculation... public project and extending clear from the intersection to Westside Drive .... John... his improvements closer to $15,000... Thing that has come up in discussion with John .... different recommendation... timing of those businesses going in. John has indicated... McDonald's... done very quickly... businesses being open as early as middle of June or first part of July... We do not recommend that we do nothing this year .... Something needs to be done this year to accommodate the traffic that is going to be generated from those businesses .... During peak periods... cue of traffic extend back beyond Westside Drive .... outlaw double left turn going on .... people just start cueing up in two lanes and do a double left turn onto the highway .... need to pay attention to .... What we think we can do is .... What we have is the design firm... put under contract to come up with a concept design for this project so that we can get it in the CIP. What we would like to be able to do is this year, have our design speeded up far enough for this portion here (refers to map) that we could essentially do the north side of the street... expand that into another lane ....deceleration lane.. bring is... to intersection... get that done this year ....The other ....second part... How interested This represents only a reasonably accurate transcription of the Iowa City council meeting of March 9, 1998 WS030998 March 9, 1998 Council Work Session page 15 are you in this project? .... With respect to the further development of this area .... Can you give us a read on how much of a hurry you are in for this improvement? Thornberry/I think it is going to need to be done sooner rather than later ..... (All talking). Thomberry/That road is really going to need to be done sooner .... Kubby/It is not really fair to our whole CIP projects to say yeah, we are going to put this in .... I am not prepared to say tonight yeah .... Davidson/break this into a couple of decisions here ..... Thornberry/Deceleration lane... I can see doing that much. Kubby/...question was the bigger project. Lehman/I told John he could have two minutes ..... John Moreland/When I found out about this I got a hold of Jeff right away.. deceleration lane... (refers to map). CHANGE TAPE TO REEL 98-38 SIDE 1 Moreland/In order to help the process along, I would agree to probably pay for that additional paving down there .... probably double the amount of paving along there... very important., to get that section done... landscaped .... I would pay for the additional paving down there so it wouldn't be any money out of the city's pocket .... help in the future .... I think with Mormon Trek... really important to get it to four lanes .... West side of town .... If we could .... Between Jeff and Steve... like to get this section designed immediately. I would like to go ahead and complete that part of it by middle of June. Hopefully I could accommodate most of the cost of that ..... I would certainly pay more than my share .... Kubby/Jeff, what year did we re-do the intersection and the lights? Davidson/That is part of the Airport Master Plan. Kubby/When we annexed the land... and re-did that intersection. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 9, 1998 WS030998 March 9, 1998 Council Work Session page 16 Thornberry/(Refers to map). That runway is 6/24. That is north .... The down part... arrow... Veterinary Place, that is still in the county? What about the property on the other side of Dane Road? Davidson/(Refers to map). You can see the corporate limit line right here. Thornberry/Okay. Norton/I want to be clear what you are talking about... you want to take that last section of Mormon Trek before it hits the highway... fix that as though ....move on that right now? .... Davidson/We would put that in... we wouldn't have to tear anything up. Norton/That ought to be done .... I can't see Mormon Trek shrinking down to two lanes and coming up that stinking hill .... Something has got to be done to that thing...I am one that really wants to see it pushed .... Davidson/The first question was for the north side of this street, right through there (refers to map). Do we have the authorization to go ahead and get that designed as soon as possible? (All talking- go ahead). Davidson/That is a go, okay. The second question, you really don't have to answer tonight. At some point- Lehman/Wouldn't we be wise though at the time we are designing the intersection and this part that John is talking about doing, to go ahead ....design that road so that at whatever time we decide to do it, it is done. Davidson/If you want to build this, the larger project through here, next construction season, we can't wait until your CIP discussion this fall/winter. It will be too late then. If you have some inclination... to discuss this larger project ....concept... planning for construction... we probably need to know that sooner .... Thornberry/ This represents only a reasonably accurate transcription of the Iowa City council meeting of March 9, 1998 WS030998 March 9, 1998 Council Work Session page 17 Lehman/I look at traffic on Melrose and on Benton .... McDonald's ..... is going to generate a tremendous amount of vehicle trips .... coming down Rohret Road .... This project may have to be done sooner rather than later. Kubby/But we have other areas in town... same kind of issues .... Not fair to the other areas of town .... look at them and prioritize them .... Norton/ Kubby/ Thomberry/They will be able to landscape down to that ..... Norton/ Davidson/Probably the most critical thing .... left tums (refers to map) .... shut down... because there is no additional lanes of traffic .... Norton/ Davidson/(Refers to map). We would only take it to the Westside Drive intersection. Norton/Only do the one side .... Davidson/We will start with that and leave the rest of it as a concept plan right now and you can always change that in the future. Thank you. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 9, 1998 WS030998 March 9, 1998 Council Work Session page 18 Downtown Investment Initiative 98-38 S1 Atkins/You have a number of items on the agenda concerning downtown .... memo that Karin and David prepared for you. That is our attempt to reduce the cost of downtown streetscape .... Proposing a delay in Phase 3, changing limestone to a colored concrete .... bring it down to $2.6-2.7 which was the goal you gave us .... Kubby/This doesn't really reduce the cost. What it does is reduce the project ..... postponing the money which is a different thing that reducing the costs... We need to be clear .... Norton/Save some going to colored concrete from limestone .... I want to be assured that that's not going to be tacky... Atkins/Tacky's a relative term. Kubby/It won't feel sticky to the touch. Norton/That saves $600,000 .... Lehman/It also is not something that will .....deteriorate in a short period of time... Kubby/For the other half of the savings...Is postponing the third stage $400,000? .... Franklin/It's $521,000 in hard costs and then the remainder up to $600,000 in soft costs... We're not talking about designing it or installation...say....we like this idea, when we do it is unclear. The next resolution which is the contract with BRW says, we're going ahead with phase 1 and 2. Kubby/ ....saying we're doing it fully except the limestone's being substituted...saying... do less or pay for it all just over a longer period of time... Lehman/ .... going to do all three phases, wanted to be able to trim the costs back... never talked about doing only two phases. Franklin / I think you did, because we had quite a bit of discussion about whether we were going to cut back the costs by limiting the scope of the project by area or by item. And what I have down on the sheets from that session that we had was that... the opinion of a majority was to cut the scope by area... This represents only a reasonably accurate transcription of the Iowa City council meeting of March 9, 1998 WS030998 March 9, 1998 Council Work Session page 19 Norton/Have we gone far enough to know that we can get from the number $3.4 to 2.7 simply by changing the nature of what we do as distinct from the scope? Franklin/If you want to get from $3.4 to 2.7 and not take out phase 3, we'll have to look a lot harder to get $600,000 out of there. Lehman/ .... everyone seemed pretty high on the concept of the lighting throughout the entire area... Kubby/No, you were a minority... Lehman/No .... lighting priority for whole area. Franklin/Yes. Kubby/ ....cannot cut back on that expense. Thornberry/I thought we were going to go lighting first... Norton/No. Franklin/No. Atkins/You liked the lighting. You didn't like the way Ernie... Norton/ .... can we find any way to cut the project other than, how much do we save by going to concrete rather than limestone? Franklin/$200,000 Norton/Only gets us from $3.4 down to 3.2... Franklin/If you want to reduce the scope of the improvements on South Dubuque Street between the Holiday Inn and Burlington, you can save $30,000. Or if you eliminate that portion of it .... re-do of the south approach to the Holiday Inn on S. Dubuque Street, that is $50,000. Lehman/Also a significant amount of money involved in replacing the brick around the planters outside of the plaza. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 9, 1998 WS030998 March 9, 1998 Council Work Session page 20 Franklin/I don't think it was a significant amount. Norton/The Committee must have looked at that. Thornberry/Was there any savings in the types of planters? Franklin/Going from limestone to concrete .... Thomberry/ Franklin/The consultant advises us that aesthetically you would want to go either all limestone or all the colored concrete. Mixing them he would not advise doing that .... greater savings. Norton/Maybe we ought to proceed with what we got .... You are trying to do by cutting both content and planning .... Lehman/ Kubby/If we go with this, what we are saying is we are only going to do the two phases now .... further decision later. So we are not really saving ..... Norton/ Lehman/If all we are saving is $200,000 by changing the limestone to concrete... is it worth the $200,000? Kubby/ Norton/I just wish we had the wisdom of the Committee. Franklin/The committee made a recommendation to you... provided some alternatives .... cost savings... One of those was to substitute colored concrete for limestone, reduce the scope of S. Dubuque Street, eliminate S. Dubuque Street, reduce overall quantify of streetscape furnishings or reduce geographic scope of streetscape improvements and they had eliminate Gilbert Street and a section of Burlington. We took it further to eliminate all of Phase 3 to get the price that you wanted. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 9, 1998 WS030998 March 9, 1998 Council Work Session page 21 Thornberry/ .... Another $100,000. A member of the Public Art Committee asked that what was planned for the plaza fountain .... funding for construction was included in the project... another $100,000 fight there .... Franklin/...still the same $100,000 out of the same pocketbook. Kubby/It is still out of GO Bonds .... Thomberry/I don't want necessarily to have a fountain designed by the Public Art Advisory Committee without them not paying for it ..... Franklin/There is design and there is execution ....you want this water feature to be less than $250,000 ..... Thomberry/Part of the money that goes for this new water feature comes out of the $100,000. Norton/ .... saying if we stretch this out, we will probably spend more than $2.7 over some length of time .... I like that idea of phasing it and stretching it out a little bit .... not truncating the project in terms of content very much. Kubby/We should be clear .... reduced the price by $200,000, not by $1 million .... Norton/I think it is the way to go ....We wanted to get started fight... move the way we are talking. Lehman/That we communicate that this is not what was proposed. It is only two phases of a three phase plan. The third plan... later time .... Kubby/ Norton/ Franklin/Understand that these are all estimates ....We will attempt to economize without gutting the project .... Lehman/I think we have to move on this fight away ..... Norton/Let's do it. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 9, 1998 WS030998 March 9, 1998 Council Work Session page 22 Lehman/Do we have everybody agreeing that this is the way to go? (All talking). This represents only a reasonably accurate transcription of the Iowa City council meeting of March 9, 1998 WS030998 March 9, 1998 Council Work Session page 23 Oral B Loan Agreement 98-38 S1 Lehman/Oral B Agreement .... explain to us how this differs, if any, from what was proposed to us some time ago. Schoon/Okay. On your agenda you have a resolution approving two agreements. One is the state's agreement for the CEBA funding, other agreement is for the local funding... city's forgivable loan agreement ..... discussions... content of standard CEBA loan agreement. Their corporate headquarters reviewed that agreement, determined that given some of the stipulations in that agreement, they didn't want to pursue it .... After Oral B made that decision, the community... ICAD approached the state and Oral B in terms of maybe looking a little further at this issue in terms of developing an agreement that would work for this project. The state responded... said we will look at our agreement... changed the agreement to be more flexible with this company ..... If we are going to offer financial assistance to businesses, we should make a good faith effort... follow through... negotiate .... Wanting to demonstrate both her eat the local level and state level our commitment to Oral B's project .... Work with them on a future expansion project. So the loan agreement that you have differs from the standard agreement... This agreement .... significant difference deals with when the funds are to be disbursed and when Oral B demonstrates it has fulfilled its obligations ..... That date in which they demonstrate that is two years from their award date... most demonstrate they have fulfilled their obligations under their agreement .....Funds can be disbursed .... Norton/In the old one,,, two year thing and then a three year... This time they just have the two year check-up? Schoon/Correct. Norton/Were they totally free of any obligation after the five years in the earlier plan? Schoon/Yes. Kubby/So normally there is a five year accountability... of three year accountability? Schoon/Two years from the award date the company must demonstrate that they have met the obligations under the agreement. After that date, three years from that date, they then must demonstrate that they still have the jobs in the community. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 9, 1998 WS030998 March 9, 1998 Council Work Session page 24 Kubby/ .... what does this do for the whole CEBA program? .... There is more than a 50% reduction in long term accountability for this from of public assistance. What kind of ripple affects can that have for the companies negotiating CEBA grants? Schoon/I have been told this has not become the standard for the state .... consider on case by case basis ..... Though this agreement ends after two years .... Thornberry/I may possibly have more consternation on a start up company than I would on this company .... I have no problem .... each one sort of has to stand on its own. I think Oral B had been upstanding for quite some time .... Norton/ Schoon/Under the standard loan agreement, once the agreement is in place, the company can start requesting funds. Under this agreement, they have to first show that they meet their obligations before funds can be disbursed. Kubby/Do you know if this is the first time this particular kind of change has been made? Schoon/My understanding is- I have been told... they have or would be willing to not even have an agreement .... Kubby/ Schoon/I can call the state and ask them... this is the first change, my understanding, placed in a loan agreement. Kubby/You don't need to ..... Norton/Modest amount of money involved .... show our good faith ....worth a lot to them. Kubby/Who is it from the state that we traditionally deal with? Schoon/Iowa Department of Economic Development ...... Mike Swesey at the staff level ..... I can get that to you .... Lehman/Thank you .... [Council Break] This represents only a reasonably accurate transcription of the Iowa City council meeting of March 9, 1998 WS030998 March 9, 1998 Council Work Session page 25 Good Neighbor Policy 98-38 Sl Atkins/We have written it, we have given it to you, we are ready to distribute. I don't know what else to say. Lehman/I like it. Norton/Consistent with one of our goals ..... Lehman/ Thomberry/Guideline .... Kubby/I would like to call it something different than a Good Neighborhood Policy .... nationally .... industrial... neighborhood .... relationship .... understandings .... might get confused later. Norton/I have a couple of questions. Is this city policy? What we are going to do or what the developers are going to do? Atkins/What we propose here is that when someone is involved in development... We just hand this to them .... citizen participation is best directed by the citizens .... Put is back in the lap of the citizen and say you share responsibility in getting these kinds of word out and things done ..... let them do their own thing. Norton/I want to relate this back to a letter from the neighborhood council .....questions of notification, signing .... Atkins/Some of the signing is insufficient... a matter of coincidence .... Are some of those things in that letter that we have to review ..... ? Thomberry/ Norton/Some of the things that they are asking for are ones the city would ordinarily do in any project ..... Atkins/I want to go over that letter in detail with staff. This is intended to say to a developer or anyone .... Kubby/If we can find... a title for this that is not Good Neighbor Policy ..... This represents only a reasonably accurate transcription of the Iowa City council meeting of March 9, 1998 WS030998 March 9, 1998 Council Work Session Norton/Names are important .... Thornberry/Are the signs and things we do to notify... is this local ordinance, state law or what? Atkins/A little bit of both. For example, we put up signs for the platting and subdividing of land... I don't think we are required to do that by law ..... Franklin/I think most of the notification is a local requirement. The notices in the newspaper are ones required by state law. But in terms of either a letter to be sent out or a posting of property, that is local ordinance. Thornberry/Posting is not a state requirement? Franklin/I don't think so. Kubby/200 foot is a local decision. Franklin/Yes. Norton/Well, you will take hard look at the 600 thing. Atkins/Karin... she has to have her folks kick it around. We will get back to you. Norton/Many of their points were extremely well taken. It is very hard to read those signs ..... Kubby/I have two specific suggestions...page 2.. Who might be impacted by the project .... organizations might be added to that... or non-profits .... Just to add organizations to that list .... Page 3, under resolving issues... suggest another question .... Are you willing to revise your project based on feedback? ..... Atkins/I have no trouble with any of them. Norton/Steve, what kind of guidance, for example, did you give to the people doing Melrose Avenue? ..... written right in there that one of their responsibilities was to work with people? Atkins/Yeah... Melrose Avenue... 20 year history .... page 26 This represents only a reasonably accurate transcription of the Iowa City council meeting of March 9, 1998 WS030998 March 9, 1998 Council Work Session page 27 Norton/I know the Summit Street Bridge had it written in there .... Franklin/We always do pre-design meetings with the neighborhood associations... notify people that live near by ..... Kubby/ Thomberry/Some developers do a lot of this already .... Norton/ Lehman/ ....name... everybody understands that .... Atkins/I will add the two things Karen has suggested and I will think about a new name. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 9, 1998 WS030998 March 9, 1998 Council Work Session page 28 Long-Term Deer Management Plan 98-38 S1 Lehman/Long-term deer management. Handsaker/Last Thursday night the Deer Management Committee reconvened .... to approve a plan that we know will receive DNR support ..... A resolution of what we passed... has received approval from the DNR staff. They will support this .... answer any questions... not a unanimous vote .... 10-1-1. Thomberry/Some of the language .... Your meetings must be very long .... Norton/ Handsaker/A couple of members wanted it to say will be considered instead of may be utilized .... They felt it has significant difference in meeting .... Goodman-Herbst/It was important to a lot of committee members that the city not back themselves into a comer .... Important... we had the choices to make on our own. Kubby/The problem I have .... aren't going to be clear... That committee could have said that we are going to kill deer in a humane way and bow hunting does not fall in that category for us .... It is getting in the way of our home rule process .... to have the DNR saying that you have to have this in there ....Now it is in there with couched language .... Handsaker/ .... defines the process the committee will go through each year... assuming that a committee will get together each spring to review numbers... make recommendations for the next year. This defines that process ..... Community acceptance was broad enough... Committee did not make a statement that we never want to bow and arrow hunt in Iowa City .... That was not a committee decision. We never took a vote .... What we voted on was an initial plan for initial reduction and people discounted bow and arrow hunting .... We never took that vote. O'Donnell/What does the DNR recommend? Handsaker/They would like us to use bow and arrow hunting. They have their own agenda ..... O'Donnell/...more humane than trapping and killing .... This represents only a reasonably accurate transcription of the Iowa City council meeting of March 9, 1998 WS030998 March 9, 1998 Council Work Session page 29 Lehman/This language is used... so the DNR will give us approval .... I don't know that it is necessarily prudent to tie the hands of future councils or future deer committees ....say each year this will be considered and all options will be considered ....I have no problem with the language whatsoever .... It enables us to do what we need to do without tying the hands of future councils and future deer committees. Norton/It would have been nice... to keep the bow and arrow thing out of it all together... compromise is the nature of politics .... I will buy the logic... I don't want to have to go back to first principles every year .... How many year can we proceed on this schedule? ...Is this a three year or strictly a one year plan? Mitchell/The commission, each year we are going to have to go back before the Natural Resource Commission .... DNR said we will support you .... Goodman-Herbst/You have to remember that it has never been done in Iowa. They want to know if it is going to work ..... DNR was very against saying we are going to throw out bow hunting all together and only do sharp shooting because that really isn't what is done nationally. What is done nationally is a combination of a lot of different things .... Don't want to box yourself in .... In the future the contraception issue is going to come up .... Kubby/ Lehman/Didn't we pass an ordinance prohibiting hunting in the city limits with bow and arrow? We have an ordinance that prohibits from doing what we say that we will consider in the future .... We cannot hunt in the city limits with a bow and arrow .... Kubby/ Handsaker/...that you have a special hunt anyway .... We would have asked that the city have a very organized effort ..... CHANGE TAPE TO REEL 98-38 SIDE 2 Handsaker/What you had in there would have been everyone to their own ..... Norton/At one time you had lights in there .... Mitchell/We are still going to try and do that ....something in the state code .... This represents only a reasonably accurate transcription of the Iowa City council meeting of March 9, 1998 WS030998 March 9, 1998 Council Work Session page 30 Lehman/Decisions made by the Deer Committee ..... Thornberry/Is it the Deer Committee or the state or DNR? Lehman/ Mitchell/It is actually in the state code ..... Most of the rules regarding deer management .... under Natural Resources Commission .... provision that is actually state law. Lehman/I think you guys did a tremendous job .... Norton/Have you locked yourself into .... question of processing for human consumption? ....expense and mechanics of all that. You could change your mind about that? Handsaker/Has to be distributed free of charge .... we don't want it to go to waste .... Kubby/Helicopter count, it doesn't say annually. I am making the assumption it would be an annual count. Norton/Your committee... didn't come unglued? They are all happy? Okay .... Kubby/Thank you. Norton/Thank you. Lehman/Thank you. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 9, 1998 WS030998 March 9, 1998 Council Work Session page 31 TCl/Cable 98-38 S2 Lehman/Dale- Helling/There are some representatives from TCI here... introduce themselves... say a few things .... Call your attention to the memo that was in your packet calling to your attention the recommendations... BBTC... the city's position to assess liquidated damages as a result of not having met the February 26 deadline .... Also have in your packet a copy of the notice of violation and the cable company has 30 days to cure in some fashion. The violation... missing February 26 deadline... not sure that there is any plan that can be put together in the next 30 days .... call this to your attention .... larger issues .... questions or information .... When the time comes, you will be better prepared to make a decision at that time on what you want to do. Kubby/ ....review this again .... Helling/30 days from March 5 .... Jon Koebrick/Regional Director of franchising with TCI in Iowa ..... Arlene Heck, our General Manager for Iowa City and Cedar Rapids... We have received your notice of violation for the Franchise Agreement .... We sent the letter to go to Drew Schaffer .... try and establish a better relationship with the city and work on letting you know where we were... We really want to try... move forward... build relationship with the city. Good news... you are going to get a very good system... later... Analog 550 Plant .... as well as new digital technology... deliver more channels .... be able to have many many more... We are going to submit a plan .... try to offer up some alternatives... benefit everyone involved... Hopeful you will be open to considering what we propose .... Hopefully have a letter done very soon as a planned response... Work with city officials... make this into a better solution for everyone involved .... We take full responsibility for not meeting the deadline .... We wish we had the system done right now... try and move toward a positive end. Kubby/ ....technical question... As of last week ...What are the total number of nodes? Heck/31 .... Kubby/Thank you. Norton/What does it mean to say it is completed? ..... This represents only a reasonably accurate transcription of the Iowa City council meeting of March 9, 1998 WS030998 March 9, 1998 Council Work Session page 32 Jon / .... full completion is we will have every customer turned on with enhanced services .... We will have parts of the city nodes will be activated- Norton/Sequentially. But what is the earliest that somebody will think it is fixed? Jon / ...schedule... by end of March .... at least one node. We are going to be turning on customers fairly quick. It depends on... getting some equipment in... I am sure we will have at least one node ready to have some service on. Norton/What is a node? Jon / A node is basically where you- When you don't have fiber, you have one head in. So you have one... trunk feed like a main branch on a tree .... With a node you have the fiber going to different areas and that fiber encompasses serving so many customers .... Can feed .... 300-1200 .... By using node... offer more reliability .... easier to fix quickly. Lehman/Is the upgrade... same as what was written in our agreement? Jon / Yeah. Lehman/ Jon / ...digital technology, expand on that. Norton/Digital compression will still be a part of it? Jon / We will incorporate digital on top of the analog upgrade. Thomberry/Increase in number of channels .... Will these be pay per view? Will it cost more to get another set of channels? .... Jon / I can answer that... now.. basic level of service... expanded... then you have your pay channels .... pay for view... What we will have under the new scenario is still a basic level of service, expanded level of service which will be enhanced... greater number of channels .... greater number of offerings... After that point... extra capacity will be used for digital as well .... More channels .... pay for that digital service... Only people that want .... channels... pay for view... digital .... You will be This represents only a reasonably accurate transcription of the Iowa City council meeting of March 9, 1998 WS030998 March 9, 1998 Council Work Session page 33 able to .... impulse buy out... pay for view will actually be cheaper .... set parental control on it .... Kubby/Everybody is going to get something more .... Thomberry/Parental control with basic? JOB / Parental control is on the digital product. Basic and expanded basic will still be a greater number of channels .... digital... putting 12 channels in the place of one .... launch 36 channels of digital... 10 channels of DMX ..... at no extra charge included in the digital package. Lehman/There will be more channel on the basic than there is now? Jon / I can't say basic for sure. I know there will be in expanded basic. Lehman/Will the fees for basic still be the same? Jon / I don't know that. Kubby/I would like that clearly articulated ..... Lehman/Just basic only. Arlene Heck/At this point, we have submitted a channel line up that reflects our expanded capabilities... that line up has not yet been approved .... June prices have been submitted to the city as far as how they apply to our current line up and I know Brian Sharp... basic rates are going down. Expanded rates are changing just slightly .... increase .... June... $.52 ..... net increase for basic plus expanded. After the re-build is complete, what will happen is we will go about changing the channels... analog side .... requested to launch Stars and Showtime ... offered on an analog basic... requested two analog pay for view channels .... products will be available separately .... As far as rates go after the re-build, out plan... try to .... We want to launch new channels as nodes are completed in the process .... pockets in town.. nodes.. launch those channels that we can... plus launch the digital... Then at end of process... all customers... 77 channel capacity .... At that time we would probably change the rates .... We will be making some changes... get all of our line up in a format more management .... rearrange our channels ....add end of that is currently available... then rearrange .... This represents only a reasonably accurate transcription of the Iowa City council meeting of March 9, 1998 WS030998 March 9, 1998 Council Work Session Kubby/ Norton/Do you have the central office changes that you need? .... Heck/Yes, we have been working on the head end... digital technology in place... making head end changes to expand it .... This week... more customer disruption .... All that we have done.. fiber... transparent to our customers .... Contractors will begin working on the coaxial portion .... Try very hard to make sure customers know where we will be working... bids for a new phone system. Norton/Is it fiber from one point then coax from there on? Heck/A fiber backbone .... Norton/How much of the fiber is above ground? Heck/That I am not quite sure ..... Jon / Much more expensive to go underground ..... shadow where we are .... Helling/Cable is subject to the same as all the other utilities .... Thornberry/Who has the authority... assign rates? Heck/Primarily we file the FCC forms and then there is a maximum permitted rate that is established and then there is an operator selected rate. Thornberry/ Jon / The FCC formula takes into account a lot of different things ....demographics .... operator costs .... Thornberry/...our rate may be high.. because of demographics .... Jon / That is possible. Heck/As an example, the number of customers in a given community can also affect it .... have a smaller or larger rate base over which to spread costs .... Jon / Takes into affect the density of the population... how many homes per mile. page 34 This represents only a reasonably accurate transcription of the Iowa City council meeting of March 9, 1998 WS030998 March 9, 1998 Council Work Session page 35 Thornberry/...competition .... Helling/Maximum permitted rates hasn't anything to do with competition. Actual rates may well .... Lehman/ .... some remark about the relationship between the cable company and the city has been less than stellar... accurate statement... I am sure you have read the minutes of BBTC. I think .... opportunity here to build... some bridges .... I would read their minutes very very carefully. Heck/I attend all those meetings. Lehman/ .... I don't know where in the scheme of things with TCI decisions are made and passed down .... I think you have an opportunity to mend some fences .... I am eager to see your letter .... great opportunity for you .... Thornberry/Lawsuits... late fees. Do you make a lot of money with those? Heck/It costs money when people don't pay their bill... on-going process to handle that. Thornberry/...same thing with water bills .... Heck/We do that, too .....flat fee attached to it ....in debate right now. Jon / Nation-wide as a company we are reviewing right now .... Lehman/ Norton/We will give you a copy of our Good Neighbor Policy ..... Thornberry/I didn't know you sent out a reminder ..... Lehman/ Thomberry/ Lehman/We appreciate your coming. Jon / We look forward to talking to you over the next month .... Thank you. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 9, 1998 WS030998 March 9, 1998 Council Work Session page 36 Thornberry/ ....you should have started a little earlier. Helling/You have a couple of representatives from the Commission, too .... Cordell Jeppsen who is the Chair and Cathy Weingeist .... Cathy Weingeist/We just like to say... Arlene is very easy to work with... with don't have a problem with the local TCI people .... The reason we felt unanimously... there has to be some sanction... This was not an act of God that made them late... They were very arrogant in dealing with us with this upgrade .... already in violation .... We feel that TCI... never does everything with the customer in mind .... digital compression was cheaper for them... now they are doing the upgrade... wouldn't be able to handle the digital compression ....not for us, for them .....$5.00 fee... late fee ....You pay ahead of time ....if late... they charge $5.00 ....monopoly... So very little that we can do... Nothing we can do about the rates ....We have no choice about what programming .... rates .... We feel that this is an incredibly arrogant company .... 1999 they are deregulated ....Not sure they can pass through a fee that is a penalty ....We've have been going through this... struck over and over with the arrogance of this company, not with the local people .....Feel very strongly that you need to impose some sanctions. This is their fault. Norton/We have read your minutes .... Lehman/How many customers does TCI have in Iowa City? 18,000. O'Donnell/How do we rank state wide in costs? Weingeist/In Cedar Falls ....TCI can come down pretty low when faced with competition .... Lehman/ ....the damages... minuscule .... Kubby/ Weinguist/$250 was the most we could .... Kubby/Isn't there a total cap? Helling/No. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 9, 1998 WS030998 March 9, 1998 Council Work Session page 37 O'Donnell/Fewer channels and paying more money than many other cities. in Iowa. Weinguist/ ....makes a difference ....Shows TCI can come down .... Lehman/We have heard... we hear from the public .... Weinguist/We felt this $5.00 a month fee for late ....We don't get to negotiate .... Thornberry/I know somebody who has done that ..... Weinguist/Couldn't do it over long term .... Thornberry/What does it cost for a return check? ..... Weinguist/ Lehman/ ....addressing whether or not to impose the penalty ..... Helling/Probably first meeting in April .... Lehman/We have read your minutes... know your position ..... Kubby/I have a question about the memo about the late fee ..... Is it possible for a city to join in the class action law suit with Washington, Iowa folks on behalf of our citizens? .... Dilkes/I don't think that is how it would work but I am not sure ..... certain individual customers... depending on how the plaintiffs want the class to be certified and what the court was willing to certify .... Kubby/ Dilkes/I think it would be unusual if the court would allow the city to be representative f the citizens ..... Norton/ Kubby/ Thornberry/I do have a problem .... still your responsibility to pay your bills on time .... This represents only a reasonably accurate transcription of the Iowa City council meeting of March 9, 1998 WS030998 March 9, 1998 Council Work Session page 38 Kubby/ Thomberry/I have a problem with not penalizing someone who is not following the rules. Lehman/ Weinguist/ ....impose this penalty because they are late and through their own fault .... Lehman/ Weinguist/ .... show you the arrogance of this company. We were on the verge of going in on a close session because they had failed .... We felt backed into a comer... possible legal actions and it was the 1 lth hour .... Arlene came in .... yet next day in the paper they sounded like they were contracting their own person... outraged .... I wouldn't give them an inch. Lehman/Cathy, I loved your comments in the Gazette about the Business Fair. Thank you. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 9, 1998 WS030998 March 9, 1998 Council Work Session Council Appointment 98-38 S2 Design Review - Bill Nowysz Norton/Thing that bothered my about this arrangement .... all terms? Kubby/Shell game .... Norton/Bill goes to the architect. Karr/The simplest way to say it is regardless of the slot, the term stays with the individual .... Norton/Sounds pretty good. Kubby/ ....If there is an opening.. slated seat... we take the responsibility to recruit .... Norton/Changing somebody's seat... nice to avoid that .... I have tried a few people... without luck. Lehman/So we are going to go ahead with this .... Appoint Nowysz as the architect. Karr/Then you will announce the business owner position tomorrow. Lehman/The Green Fund, we have a recommendation on that. Norton/Janet Maas. page 39 Lehman/Okay with everybody? Okay. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 9, 1998 WS030998 March 9, 1998 Council Work Session page 40 Organizational Issues 98-38 S2 Kubby/I don't think we should do Organizational Issues with two people gone. Lehman/I think you are exactly right... Council Time. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 9, 1998 WS030998 March 9, 1998 Council Work Session page 41 Council Agenda/Council Time 98-38 S2 1. O'Donnell/(3/6 IP18-Letter from Marilyn Holland)We have a letter in here from someone at the Senior Center... concerned about the new parking ramp. I think we need to get in touch with them. Norton/Jeff said in his memo that he would take it into consideration as they start to design that, the view from Ecumenical Towers. O'Donnell/I think we need to go to them and tell them we are talking about a cross walk and make it more convenient. Norton/But he should meet them. Lehman/I think that is part of the process. Kubby/We talked about a sidewalk to the Senior Center, not Ecumenical Towers. Norton/That is right. But surely Jeff plans to meet with them. Thomberry/ O'Donnell/ Norton/ ....Jeff is planning to meet with Ecumenical Towers. Kubby/ ....outline the issues. Lehman/...process to talk to those folks. Atkins/Yes, there is .... Lehman/It is something we are doing .... Norton/ ....also very concerned to make this thing really look nice in that setting. 2. O'Donnell/I had another thing. I understand there was a meeting on SEATS tonight at the Library again and I anticipate being hammered again tomorrow night. I think we need to set some type of regulations... representation of the group. To be repetitive and hear the same thing week after week after week, I don't think that is This represents only a reasonably accurate transcription of the Iowa City council meeting of March 9, 1998 WS030998 March 9, 1998 Council Work Session page 42 necessary... I think everybody on this council knows what they are feeling. I have had several calls this week .... drivers are really hammering these people. Lehman/That is not something we can address. Do we wish to address the amount of time spent at a public meeting? .... had substantial amount of input... most of that has been very well received by council... We had heard basically the same thing three meetings in a row. I have no problem with public input... comes a point when we are not really getting anywhere. There is business that this council has to transact .... Do we want to limit the amount of time? Limit the number of people? Do nothing? Kubby/I think we should tell people that we have heard what they have to say ..... if... new... We have a five minute rule. O'Donnell/I think anybody that hasn't spoken. Lehman/I hear what you have to say, Karen... Anybody have anything different to say .... I don't know how .... I am not going to tell somebody your time is up. I am also not going to tell them somebody has already said that. Now if we are going to limit the discussion, I think we are going to have to. We have other things we have to do. I think, if it is necessary and if council agrees- Well, I am not willing to sit there all night long, the same thing over and over again. I don't call that public input... Norton/ Thornberry/They have a spokesman .... appointing a group to be representative of the paratransit service. They can at least designate a couple of spokespeople to talk to US. Norton/That is my question. I am concerned that we get that committee clearly established and working instantly ....I don't think we yet ....What needs to be done to get it together? Atkins/We need to get some information from the county. I have nothing to present to the committee. Norton/Does the committee exist? Atkins/I can call a committee meeting. I have nothing to present to them. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 9, 1998 WS030998 March 9, 1998 Council Work Session page 43 Norton/Do the people who have been speaking to us, do they feel that that committee is appropriately structured? Lehman/Steve, I might suggest that that committee be called together even in view of the fact we basically don't have the information needed .... We could at least let those folks know what we don't have in the way of information. Kubby/ Norton/Try to get their input and let them feel that they are affecting it before we hammer our plan completely together .... I am not sure that committee has legitimacy in the eyes of the overall constituency. Thornberry/ Norton/That committee has to get into action .... Thornberry/I don't know what else they can tell me. I know their problems. I know what they are thinking after three weeks of this .... CHANGE TAPE TO REEL 98-39 SIDE 1 Kubby/ O'Donnell/They are being incited about a lot of these drivers. I have heard some things that drivers are saying and it is outrageous. I mean dropping people off at Coralville and having them wait until next Tuesday for a ride to come .... It is coming from one place. I think we need to get to the source and get it stopped. Lehman/I hear what you are saying... I feel.. I think is this business keeps up the way it has... at some point, this council is going to say look, enough is enough. We are going to make a decision and I think-, Norton/Get that committee together. Lehman/Tomorrow night I am going to ask, if we have SEATS people there ..... , I am going to ask Steve to bring us up to date as to where we are .... summary of where we are. I am going to ask that only those folks who have something to say that is This represents only a reasonably accurate transcription of the Iowa City council meeting of March 9, 1998 WS030998 March 9, 1998 Council Work Session page 44 different than what has already been said ....And if necessary, we will stop discussion at any time. Norton/We are going to be confronted... committee... In a letter .... Lehman/ Norton/There was concern there were too many people who represented agencies rather than people who were users and I do think you guys would find is very desirable to go ..... go down and sit at the dispatch for an hour .... It is very instructive. O'Donnell/I called Bumell last Saturday and I asked to go up... talked to... dispatcher... I told him I wanted to on Monday or Tuesday, come and spend a couple of hours. I never even got called. Norton/Just go down there. O'Donnell/ Norton/...later Monday, mid-afternoon. O'Donnell/ Lehman/Thing I started to say is I really feel that if this continues for too many more meetings. I really feel that, at this point in time, we have indicated that we have felt that there is a certain amount of merit in looking at our ability to provide our own service. That we have felt... offer made to us by the county was not realistic and if forced into a comer, I am afraid... my take... we will say... that is it, we are going to do it .... I think this thing needs to evolve .... Make a decision in a fashion that really takes into consideration everything. If we are not allowed to do that, I think we may make a decision sooner than we really should. O'Donnell/So we need to get all of the information we have requested and give Steve and opportunity. We keep getting asked for a plan .... Norton/We can head off some of the trouble by getting that committee together .... That would head off the public protest some .... Atkins/We can call the committee together and discuss the issues. The bottom line... If the county doesn't give us the information, I can't put together a plan. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 9, 1998 WS030998 March 9, 1998 Council Work Session page 45 Norton/Did we make a new request to them? Kubby/The county requested that we include their riders, the part that they are responsible for, in our plan .....We didn't even ask them how many riders are you talking about. Atkins/That is incorrect. Absolutely 100% incorrect. Kubby/Wait, I don't have my piece of paper with me, with my folder, but maybe you do. One of the things that would be really helpful, and maybe you don't have this, for tomorrow night- Atkins/Your current operational situation, number of employees, compensation, benefits, hours of operations, etc. I asked it. He didn't provide it. Kubby/So except for include riders or you just said etc. Lehman/Steve, it might be better- (All talking). Lehman/We sit here .... riders and themselves and that committee understands the situation that we are in as a council, that we don't have this information ....You are on the committee, go back and tell your fellow riders and whatever .... Right now we are the bad guys .... I think that someone needs to understand, besides us, why we haven't got a plan and maybe that committee can experience the same frustration as the staff.... O'Donnell/Start this at the beginning of the meeting. We don't have a plan because we don't have the information. As soon as we get all the information- Thomberry/The county didn't have a plan until three weeks ago .... Norton/Let's get this thing on the road... personnel problems... difficult situation .... O'Donnell/ ....paper ....That does nothing but fuel a fire. Norton/Let's figure out a plan and see if we can run it. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 9, 1998 WS030998 March 9, 1998 Council Work Session page 46 (All talking). Kubby/Steve, you are saying you won't be able to talk about a time frame tomorrow night? Atkins/Absolutely. Kubby/The other question... I am not sure we ever talked about. We have known through JCCOG for years of Cambus' geographic service area is going to be shrinking and I am not sure how that affects whatever... responsibilities that will then fall to the different cities and the county from that. That we need to incorporate that knowledge into our plans. Atkins/Cambus or Bionic Bus? Kubby/I am sorry, Bionic Bus. (All talking). Kubby/We have known for years that their geographic circle is going to be smaller and that mean that we have to provide more service to Iowa City residents because of that issue... We need to incorporate that increased service need ....We need to understand who is using Bionic, how many Iowa City residents .... Thomberry/I was glad to read that we are now 100% handicapped accessible on all of our fixed routes. Kubby/ Atkins/As far as I know, we are 100%. O'Donnell/I had two other things .... Clapping and jumping up and down and turning cartwheels while people are talking, is that necessary? Lehman/I think you have to appreciate the folks who are speaking to us...emotionally disturbed. I think you are looking at a different audience .... I really don't find that offensive at all. I think they are encouraging each other .... I don't find that offensive .... I know that normally we don't condone that. Norton/ This represents only a reasonably accurate transcription of the Iowa City council meeting of March 9, 1998 WS030998 March 9, 1998 Council Work Session page 47 Lehman/I think that is part of the process .... Norton/We have discouraged it in the past .... tough to do in this situation. 3. O'Donnell/Other thing, Karen, you made a comment. I read it in the ICON on the sales tax. You said that 6 people on this council want that sales tax and I thought that we had agreed that six of us would be willing to discuss the sales tax. I don't remember hearing six people say yes, I definitely want the sales tax. Kubby/I will have to look at the quote and think about- Norton/It did imply the 6-1 thing. Kubby/It doesn't also mean that I was quoted correctly either. I haven't read the article. O'Donnell/The comment went on to say that six people want this. They just can't agree on how to spend it. I think that I am still thinking about it. Kubby/I will have to read the whole article ....I will go back and look at it. Lehman/ Kubby/Past council .... different situation. Thomberry/ .... I was adamantly opposed to a sales tax. Norton/I think it is desirable not to in general characterize the council at all. That is my preference .... Kubby/It matters what the question is. Norton/I understand but it is a little delicate and there is a tendency to characterize the council sometimes too much .... Kubby/You can also call me .... 4. Norton/(2/27 IP3). This film Karin has on reclaiming downtown by design that I saw in a group .... It is not the kind of film you ought to see at home. It is one you ought to see with others. It is really a very very impressive document... public This represents only a reasonably accurate transcription of the Iowa City council meeting of March 9, 1998 WS030998 March 9, 1998 Council Work Session page 48 channel .... speaks very much to what we are talking about downtown... quality of that and the purpose of it... Shows that it is not just window dressing .... considerably more than that .... You would find it absolutely spellbinding. I would like to find a time when we can see it all together... invite other people... getting private activity involved .... Some people from the Chamber .... I have been talking with Karin and Steve .... It is worth watching. I will just leave it at that. Steve will try to figure out a context and think about how we might see it .... 5. Norton/I would report .... Karen and I went to the Legislative Day in Des Moines .... morning... leadership... They had not spent two minutes thinking about what they were going to say to the cities .... Kubby/Sentiment that there is this very anti-local government sentiment at the State House... Norton/I wrote a blistering critique .... Sales tax thing. I went up the hill and talked to Dick Meyers .... argued... 7 cent that they were going to give to schools. I say keep out of the sales tax .... They can go up higher than 5% on the sur tax. There are some schools that are up to 19%. Solon is at 7%, Highland is at 13% .... you can be anywhere .... Keep out of the sales tax thing .... There is also an Emergency Management Tax that can be .... to pay for emergency service ....Something that county might want to consider. I just read it... income tax guide ....Utilities... the r.o.w. thing, they did make the point ....going to have to show what it costs you... Dick was for involuntary annexation .... This did not come much out of the Leadership thing. 6. Norton/I went to the Jump Rope thing on your behalf.... wasn't room to jump. 7. Norton/I wanted to make two small requests... situation on the Human Rights Commission. Read those minutes... sticky situation that we might want to think about. I want to discuss that tomorrow night. Kubby/ Norton/They still got a situation that I wonder if anything needs to be done about that. We will see. Lehman/Have you read those minutes, Eleanor? Dilkes/The ones that are in the packet this time? I will read them. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 9, 1998 WS030998 March 9, 1998 Council Work Session page 49 8. Kubby/In reading the Board of Adjustment minutes, it seems like staff is missing a few things in terms of when plans come in for building and specifically, the one that I was most concerned about is kind of missing- The duplex was built too close to the street and that it was incomplete plans .... The city reviewed incomplete plans .... At least two things that were oversights on the part of staff.... I want to say heads up to H.I.S. staff.. be careful... If it is not complete, you don't approve them .... Atkins/We can tell you what happened. I will call you. Norton/ ....didn't show the street on the plan so they didn't check for setback .... 9. Kubby/Odd suggestion... University of Iowa groundbreaking for the Biology Building... wanting to boycott it until they show us the plans for the skywalk. (All talking). Kubby/I don't know that I want to sanction the groundbreaking until they share - Norton/There is a subcommittee that has had a preview of it, I am sure. Atkins/I will call them and ask them. We want to see a copy. Kubby/ ....I am feeling that I don't want to sanction the groundbreaking until they have allowed the public- (All talking). Norton/I want to go and ask them for money. Atkins/I will call them. Kubby/Should it be a request from council? Atkins/Sure. I will call them. Norton/ Atkins/I am going to call Dick Gibson and say we want to see a copy of it, a sketch. This represents only a reasonably accurate transcription of the Iowa City council meeting of March 9, 1998 WS030998 March 9, 1998 Council Work Session page 50 Lehman/We would even do it in executive session. Atkins/I don't think so Lehman/One by one in Dick's office is okay .... Adjourned: 10:20 PM This represents only a reasonably accurate transcription of the Iowa City council meeting of March 9, 1998 WS030998