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HomeMy WebLinkAbout1997-06-18 AgendaSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's of- rice at 356-5040. ITEM NO. I CALL TO ORDER. ROLL CALL. AGENDA IOWA CITY CITY COUNCIL SPECIAL COUNCIL MEETING JUNE 18, 1997- 1:00 P.M. COUNCIL CI IAMBER$ (REVISED) ITEM NO. 2 CONSIDER AN ORDINANCE AMENDING CITY CODE TITLE 4, ENTITLED "ALCOHOLIC BEVERAGES," CHAPTER 1, ENTITLED "DEFINITIONS," SECTION 1, EN- TITLED "DEFINITIONS"; TITLE 10, ENTITLED "USE OF PUBLIC WAYS AND PROP- ERTY," CHAPTER 3, ENTITLED "COMMERCIAL USE OF SIDEWALKS," SECTION 1, ENTITLED "DEFINITIONS"; AND TITLE 4, ENTITLED "ALCOHOLIC BEVERAGES," CHAPTER 2, ENTITLED '.LIQUOR LICENSES AND BEER' PERMITS," SECTION 2, ENTI- TLED "PREMISES REQUIREMENTS." (SECOND CONSIDERATION) ITEM NO. 3 Comment: This proposed ordinance amends the alcoholic beverages provisions of the City Code by providing that restaurants must serve food on all floors open for business while the kitchen is open; and amends language to clarify that alcohol and beer may only be consumed, dispensed, and stored on the ground floor of an establishment. The ordinance also amends the definition of "restaurant" in the provisions regarding "commercial use of sidewalks" so that definition of "restaurant" in both sections is consistent. Staff recommends expedited action. Action: PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE NORTH IOWA RIVER CORRIDOR SANITARY SEWER IMPROVEMENT PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. ~~ 1-7,5' 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 9452,000. Funding for this project will be provided by Sewer Revenue Bonds. City Council Agenda June 18, 1997 page 2 a. PUBLIC HEARING (continued from June 1 7) Action: b. CONSIDER A RESOLUTION APPROVING (defered from June 1 7) Action: EVALUATE A MOTION TO ADJOURN TO EXECUTIVE SESSION TO THE PROFESSIONAL COMPETENCY OF AN INDIVIDUAL WHOSE AP- POINTMENT, HIRING, PERFORMANCE, OR DISCHARGE IS BEING CONSIDERED WHEN NECESSARY TO PREVENT NEEDLESS AND IRREPARABLE INJURY TO THAT INDIVID- UAL'S REPUTATION AND THAT INDIVIDUAL REQUESTS A CLOSED SESSION. ITEM NO. 5 Comment: At the conclusion of Council's May 14 Executive Session, staff was di- rected to schedule further discussion of the matter for June 17. This item was deferred from June 17 meeting. Action: J~/~'~/.4~ CONSIDER A MOTION TO ADJOURN THE SPECIAL MEETING. ect to change as finalized by the City Clerk. For a final official copy, Clerk's Office, 356-5040. the AGENDA IOWA CITY CITY COUNCIL SPECIAL COUNCIL MEETING JUNE 18, 1997- 1:00 P.M COUNCIL CHAMBERS ITEM NO. I CALL TO ,ER. ROLL CALL. ITEM NO. 2 CONSIDER AN ENTITLED "DEFINITIONS," TITLED "USE OF TLED "COMMERCIAL U= "DEFINITIONS"; AND CHAPTER 2, SECTION 2, ED CONSIDERATION) CITY CODE TITLE 4, ~ERAGES," CHAPTER 1, ENTITLED ENTITLED "DEFINITIONS"; TITLE 10, EN- AND PROPERTY," CHAPTER 3, ENTI- OF SIDEWALKS," SECTION 1, ENTITLED ENTITLED "ALCOHOLIC BEVERAGES," LICENSES AND BEER PERMITS," REQUIREMENTS." (SECOND Comment: This amends the alcoholic beverages provisions of City Code by that restaurants must serve food on all bors open for business hile the kitchen is open; and amends lal luage to clarify that alcoho sumed,' di and stored on the The ordi ~nce also amends the definition sions ~larding "commercial use of "rest~ ~rant" in both sections is consistent. acti~ ~. and beer may only be con- floor of an establishment. "restaurant" in the provi- z" so that definition of recommends expedited ITEM 3 CONSIDER A MOTION TO ADJOURN THE SPECIAL (WORKSESSION ON CITY FINANCES WILL FOLLOW THIS SPECIAL MEETI #3a. & b. page 1 #3 PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE NORTH IOWA RIVER CORRIDOR SANITARY SEWER IMPROVEMENT PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. a. PUBLIC HEARING (continued from June 17) b. CONSIDER A RESOLUTION APPROVING (deferred from June 17) Nov/This is the one that we deferred last night in order to read a letter which as it tums out is a book rather than a letter. So Eleanor, what do you think we should do with this one? Dilkes/I think you should- I mean I think the p.h should close and the resolution should be voted on. I think Chuck can probably summarize for you the contents of the report. It is really- I mean there is a lot of addendum but the meat of it is 2 1/2 pages. Nov/Okay. If Chuck can summarize, we will proceed. The p.h. is now open. Vanderhoef/Maybe Chuck would like to go through it first. Schmadeke/This is a set of plans here that were submitted by our consultant that outlines the wetland area that is described in the report. It is .7 acre. Our sewer line, the actual pipeline is dashed line that is- Atkins/Chuck, would it be easier to put it up? Nov/It would be easier for us to put it up. Thomberry/Yeah, it probably would. Kubby/You may need to stand close to it. The shadings are pretty vague. Nov/The shadings are vague but at least we can see it if we stand. Okay, now talk. We can at least see what you are doing here. Schmadeke/This cross hatched area here which is wetland as described in the report. Nov/And where is Foster Road. This represents only a reasonably accurate transcription of the Iowa City council meeting of June 18, 1997 F061897 #3a. & b. page 2 Schmadeke/Foster Road is here, existing sewer line that we are tying into is just south of Foster Road and the north line of Margaret MacDonald's property is right here. Nov/So it appears that the current alignment does not get into the wetlands. Schmadeke/The pipeline itself just serves to the west and encroaches slightly in these two areas. The outside of the temporary easement which is the limits of our (can't hear) encroachment would be along this line here and it interferes with .3 acre within the wetland. Norton/The picture in the book identifies the wetlands pretty well. Schmadeke/Since this is .7 acre, the Corps of Engineers will have permit our construction through his area. They had originally bowed out of this project completely. But now that we know the size of the wetland, they will have to get involved again. Nov/What is the total wetland size? Schmadeke/.7 acres. Norton/That is the blue in that picture there. Nov/And they do get involved on something less than a whole acre. Schmadeke/Anything over 1/3 acre. Nov/I see. Norton/And you go through it to some extent, right at the bottom there. At the top, I guess. Lehman/What sort of involvement will they have? Schmadeke/The will review the impact and probably require us to put a shut off wall across the sewer trench in this area so the wetland does not drain out along the pipeline, restore the stockpile surface materials and restore the surface materials that have been disturbed. Kubby/Is it possible to bore there as well? This represents only a reasonably accurate transcription of the Iowa City council meeting of June 18, 1997 F061897 #3a. & b. page 3 Schmadeke/We could. It would be about 400 feet. I am going to guess about $300 a foot to bore. Norton/For retaining wall, putting it in? What kind of wall would that be? Poured? Schmadeke/(Can't hear). Ten feet deep. Vanderhoef/Did you ever hear that there was a shelf of rock obout six feet down under the surface? Schmadeke/No, we haven't been able to do any soil borings along here because we couldn't get on the property before we acquired it. We got to do an archeological review and when that was complete a wetlands analysis and now we are in a position where we can get in a do some borings. Kubby/What would happen if there is indeed some bedrock at six foot down? Does that mean- Schmadeke/We could raise the grade of the sewer through there. Nov/What is the width of the sewer? _ Schmadeke/The width is 21 inch pipe. Kubby/What does raising the grade of the sewer do to the restoration after the pipe is laid? Schmadeke/It would minimize the disturbed area because of the size of the (can't hear). Vanderhoef/How far down does this pipe have to be in order to avoid freezing? Schmadeke/If we get four foot depth, it will be sufficient. Norton/Who judges the adequacy of the restoration? Schmadeke/Corps of Engineers. Norton/Not just there but with respect to the whole project? Schmadeke/We could hire a wetlands specialist to come in and help us with that work. (Can't hear). This represents only a reasonably accurate transcription of the Iowa City council meeting of June 18, 1997 F061897 #3a. & b. page 4 Thomberry/I thought we had one of those people on staff now. Schmadeke/Julie. I don't think this type ofwork- Kubby/She has got compliance. Norton/I wasn't talking only about the wetland. I was talking about the entire project in terms of the success, for example, of going under the trees and going under the creek and putting it back to nearly as possible in the original condition. Kubby/We have an environmental and technical advisory committee in the Planning Department that has, I think, Wayne Peterson and Richard Rhodes and Carol Peterson. Norton/That would be very severe critics in a way. Kubby/I don't know if we could ask them to be part of that evaluation as to how good of a job we have done afterwards. But they would be highly critical and honest. Norton/To a fault. Thornberry/Is there any place else you can go with this, Chuck? Schmadeke/Not with a gravity sewer system. Kubby/Even if we went closer to the house would we have to do the lift station.9 Schmadeke/Here is the oak tree that was mentioned last night and here they (can't hear). Lehman/You are going to be in the wetlands either way. Schmadeke/(Can't hear) the oak tree. Norton/What about the other side of the wetland? Oh, that is still going to Kubby/It seems that environmentally that this is the best choice. We have the best chance, it seems, of appropriate restoration with this choice of location because with that oak tree, the drip line is a good measurement, especially for a multi- century tree like that. I believe it is probably bigger than the drift line in terms of this. Schmadeke/(Can't hear). This represents only a reasonably accurate transcription of the Iowa City council meeting of June 18, 1997 F061897 #3a. & b. page 5 Nov/It appears that we would disturb some wetlands either way. We would have to bring in the Corps of Engineers either way. I would go with this one. William Meardon/May I ask a question? Nov/By all means. Meardon/How about to the west of where you have got this planned? Isn't there an area there very close to the line? Schmadeke/Yes, we could move it west. We could push into the hill side a little further. That would be a (can't hear). Meardon/That would be further away from the wetlands, wouldn't it? Schmadeke/That is right. Meardon/What kind of a depth would you require for that kind of sewer installation? Schmadeke/Without talking to the engineer, I would assume that we would want to maintain the grade line that we have established but we could move completely out of the wetland area and probably increase four feet. So it would be 14 feet instead of 10. Lehman/What does that do to the cost of the project? Schmadeke/I don't think it would change (can't hear). Norton/Not particular. If you count a retaining wall where you come close, that might be a- Schmadeke/Moving away from the wetland would be an advantage to the contractor. Kubby/Then you have a bigger pile of dirt that is causing damage that has to be put back and don't you have to go a little wider in order to go deeper? And so that restoration factor is also wider and deeper. Schmadeke/We have acquired a large storage area up here. We could require them to move some of that dirt in this area. Norton/Oh, I see. To keep the same. This represents only a reasonably accurate transcription of the Iowa City council meeting of June 18, 1997 F061897 #3a. & b. page 6 Schmadeke/And bring it back down. Norton/To keep the same depth on a higher slope, you mean. You got to go down. Nov/But they could retain that same soil. It would work in either instance, wouldn't it? Sctunadeke/The top soil we can put back. Nov/All right, if we are dealing with the possibility of rock, would it be to your advantage to go on the uphill side? Norton/Move it slightly west, you mean? Schmadeke/Maintaining the same grade, I would believe that the rock begins to rise as you cut into the hillside. Nov/So it would not be a real advantage. Thomberry/But it wouldn't involve a lift station. Schmadeke/No. Nov/What about involving trees? Schmadeke/I would have to look at the site. I would assume you would be getting into more trees. I would walk the site. Norton/Roughly how many feet? And we are talking here trying to maintain a pretty straight shot? Don't want any curves. Schmadeke/Right, we have one bend. Norton/That is the only one you are going to tolerate as it were. Schmadeke/Oh, we could put other bends in it. Norton/Can that help you at certain points avoid difficulties? That is go up only when- Away from the wetlands only when you need to. Schmadeke/Yeah, we would start right at this point (can't hear). This represents only a reasonably accurate transcription of the Iowa City council meeting of June 18, 1997 F061897 #3a. & b. page 7 Thomberry/Would that be acceptable to the parties? Lehman./Well I understand you have the authority. Meardon/But basically the reason I am here, (can't hear) Downer is in Des Moines and so he asked me to come down. Basically, as I understand it, you just received your (can't hear) corridor document here, the consolation design form by that group and it has got pictures and everything here. I haven't had a chance to study this. Mrs. MacDonald just handed a copy of this to me and I just received my copy, not through any fault of your, Chuck. But it just came out shortly before noon. I am sure the council hasn't had an opportunity to read this. I would simply ask that you at least defer this until you have an opportunity to read what Mr. Johnson says before you make your final decision. Kubby/Although we did defer last night so we could take a look at this and it isn't- The text part that has the information we need is not very long and if people need a few minutes- Nov/I have been reading it while we sit here. Norton/I would like to have a couple of minutes to finish skimming it. Nov/Go ahead and finish but it is basically based on restoration of wetlands rather than the depth of the rock or any other ideas that we came up with today. Norton/It sure seems to me that on the face of it, that if you could tolerate an angle here and there that would help move you away from the wetland without getting into anymore than necessary, the deeper excavation. It would seem to me highly desirable to stay away from the wetlands. Kubby/Depending on the tradeoffs of what is on the hill, what specific trees are on the hill at that-? Norton/I mean you are not going to go like that but somehow juggle it but that is going to be very difficult to decide very much ahead of time, I mean in some ways, isn't it. But I hate the thought of having to build retaining walls to keep the wetland in and one thing or another which is almost certainly going to be involved. If you could avoid that, it would be a great virtue. Thomberry/Well, a sewer line is to be buried through this area. We recommend that the city and the regulatory agencies agree to insuring that this area is restored to its present condition after the project is completed. This represents only a reasonably accurate transcription of the Iowa City council meeting of June 18, 1997 F061897 #3a. & b. page 8 Nov/That is understood. Norton/We will certainly make that effort but, you know. Like the people down at Sandusky, they say we will believe it when we see it. They understand the difference between 3a and 3b. Bud Louis/Can I make a comment, please? The hill to the west is (can't hear) is pretty steep where you are planning now. If you move it west you are going to be working on a pretty steep hill. You haven't seen it yet. Norton/Yeah, you couldn't go very far. Council/(All talking). Norton/What is chance of any deferral? I agree with you that you are not going to learn a lot more. I don't know. Is there any point? How could we possibly defer? We would have to have a special meeting at some point, wouldn't we, pretty soon? Nov/I don't know that we would gain something by deferring. Kubby/Is there an option to say that we want the northern part to remain the same and that once the borings are done, that this specific alignment comes back to us? Or to say- Vanderhoef/Are you saying the northern or southern part remain the same? Kubby/The southern part. Vanderhoef/Right. Margaret MacDonald/Can anyone tell me what will happen to the springs that are up near the wetlands that have been flowing all these years? Every season of the year with crystal clear water. I called the geological survey and asked them what would happen if people bored or dug too close to the- Would it make an difference in their flow and the answer was we haven't seen yours. We don't know about yours but we can guarantee other places have had trouble and springs have stopped flowing. So I am concerned about the spring as much as I am about the wetlands. The whole thing, I was told by this Mr. Johnson who prepared the report, not a letter. I don't know wherever a letter got into the conversation but it was always spoken of as a report that he would send back to us, all of us. And he did spend several hours on the property looking it over from all kinds of angles. I was not This represents only a reasonably accurate transcription of the Iowa City council meeting of June 18, 1997 F061897 #3a.&b. page 9 with him all of that time. I did meet him but I did not walk with him. He is a naturalist par excellence because he had all kinds of titles and degrees and so forth and apparently goes all over and he was brought here by the Howard H. Green Company I was told. In any case, it does seem (can't hear) to consider the whole thing. He described it as having its own ecosystem. That it was just a little treasure that we should certainly do everything possible to take care if it and that if it were in Illinois, no one would ever do any damage to it at all, any portion of it. I can also say that there is space, I think, I haven't ever had any engineer examine it. I had hoped that that would happen but I have land which goes all the way up the hill and there would be space up there where people could put a pipe if they wanted to come from Mr. Am's location on down to the south and it could bypass the whole thing. Kubby/Where would that be? MacDonald/I don't think Mr. (Can't hear) has ever been at that property. Schmadeke/(Can't hear). MacDonald/No, west of the house, up on top of the hill. There is even a building up there which could if it were in the way, could be lost. Kubby/Maybe Chnck could try to point it out and you could tell him if that is where you are speaking of. Schmadeke/I did look at that last night and after I left the council meeting I looked at being on this side or this side. This side would be preferable with the lift station and force main to this side. However, if we are going to do that, we would like to look at the whole area because now you are talking substantial additional costs, excavation through rock and there may be a better alternative. This is the lowest cost alternative to serve the entire drainage area with a gravity sewer. Kubby/Do we know where the location of those springs are that Margaret talked about? Schmadeke/No. MacDonald/They can be seen. Dilkes/I think one of the things you have to remember is that we weren't allowed on the property prior to the time we acquired it. So- This represents only a reasonably accurate transcription of the Iowa City council meeting of June 18, 1997 F061897 #3a. & b. page 10 MacDonald/No one ever asked me to come and see those things and Mr. Schmadeke came and he and I walked it and anybody could have come had they just called and asked. Dilkes/In terms of our consultant and experts and that kind of thing to try to basically design a pipe (can't hear). Kubby/I guess in my mind I am thinking about all that southern part. There is going to be some- There is going to be disturbance and what are the pros and cons of cutting off a little bit of the wetland versus going on the steeper hills and which is easier to restore and I am not quite sure I understand what the balance is between maybe those two choices. MacDonald/(Can't hear). Kubby/What are you looking at Dean? What are you thinking about? Thomberry/Chuck, if that pipeline went up higher, would that be going through the Louis property? Schmadeke/Yes. MacDonald/I think there is room on mine, Chuck. Thomberry/Is there enough line to go through this just south of the Louis property through here? Schmadeke/You run into a wooded area (can't hear). Thomberry/Okay, the dark part here. Schmadeke/You are up about- The elevation difference there is about 60 feet. Council (All talking). Louis/You would have to come up the hill on Foster Road and turn in to get up to mine. Mine is much higher than the value we are talking about. Kubby/In terms of wetland restoration, the turn around time for things growing back is much faster than a woodland restoration. Nov/That is another point to be considered. This represents only a reasonably accurate transcription of the Iowa City council meeting of June 18, 1997 F061897 #3a. & b. page 11 Kubby/Can anyone else- Nov/Some of the trees, if I remember correctly, are very small. There are others that are really quite large. If we could get it up going up hill far enough to take out the large trees, you are right, that is a long time. Schmadeke/For us, I think, steep slopes probably present the greatest problems for restoration because to erosion permits. Kubby/That is why I say I am concerned about how far up the slope you go. Norton/It may not be much. Nov/If it is slightly uphill, you could avoid some wetlands and some springs and it might not be a bad idea. Vanderhoef/Is the tradeoff someplace between what this alignment is right here and how far west we can go and not create more problems for ourselves then what we have already go in the present alignment? Nov/That is a good way to say it. Kubby/Is there a way to pass the resolution to say that on the southern portion of it that we will try to go a little bit up the hill but if not, we are going to do what is planned? Is there a way to incorporate that so that we can move forward and still look at some small adjustment but have that- the current alignment be the bottom line if we need it to be? Dilkes/I think we can do that. Yeah, I think we can alter the plans. I think one of my concerns about deferring this any farther is that we have got easements from 13 of the 15 we that we need. We have got people expecting this project. And I think we can continue to try- And the third thing is that we have an approved pending the condemnation and I think has to be wrapped up as part of this whole matter. And I think we can try and negotiate those things and work that out but I have not seen that willingness coming from Mrs. MacDonald and her attorneys in the past and so I am concerned about deferring the project while we try and work those things out. Kubby/Right but if we vote on the resolution because it is for the plans and specifications, can we amend it to be a little flexible so that we can vote on it today? Okay, that would be my preference to add a little bit of flexibility and let This represents only a reasonably accurate transcription of the Iowa City council meeting of June 18, 1997 F061897 #3a. & b. page 12 Chuck explore going a little bit up the hill to see if the tradeoffs are worth it and in terms of total disturbance and restoration factor because to me that is probably the most important thing is the restoration. How quick and how accurate can we be and if the alignment that is on the map is going to be the most easily and reproductive of restoration. Dilkes/I think you can incorporate that kind of flexibility as lone- Kubby/That would be my preference to vote on it today and to have that kind of flexibility. Norton/How much flexibility is in here inherently when you approve plans and specifications? Schmadeke/As long as the scope of the work doesn't change. Norton/But I mean if it would change the alignment by 5 feet, would that be permissible with out any further ado I would think. Dilkes/I think so. Norton/We are talking relatively short adjustments, are we not? Dilkes/That is why I think- Norton/Karen, he is saying they have some flexibility with aligmnent without doing a special gyration because we might then face doing that on every- Council/(All talking), Nov/Okay, folks, hold it. Everybody is talking at once. Meardon/(Can't hear) more expensive. Thomberry/But you would have no objection coming closer to the house and then coming back this way. Meardon/She would like to have this as far west as you can so- Kubby/Is this a group conversation or a private conversation? Nov/Are you recording this? This represents only a reasonably accurate transcription of the Iowa City council meeting of June 18, 1997 F061897 #3a. & b. page 13 Karr/I am barely picking it up. Nov/All right, repeat, Bill, please. Kubby/We need this all on the public record and we couldn't hear. Nov/We need to record it so could you say that slightly louder. Thomberry/What I asked him was this being the house here, instead of going real close to the house and requiring a lift station and a road like we were talking about last night. Where would it be acceptable and Bill, I believe- In fact, you can go ahead and say where you would like this? Meardon/I said I believe that Mrs. MacDonald who is certain~ly here and can speak for herself, would lie to have this as far to the left as possible so that it doesn't interfere with the wetlands and does not interfere with her 300 year old tree. Mrs. MacDonald, is that correct? MacDonald/Well, I would like to have someone who is knowledgeable and everybody is saying even though they have not had experience, to see the area up on top of the hill where I have a shed and which shed can be lost under the circumstances if that is necessary. But it appeared to me that the people who need this wastewater help for it because of problems with sanitary sewers and so on. That the people are on top of the hill and I am wondering also if this goes all the way to the Elks and there are going to be a lot there. There are lots presently near the Elks property that are going to be developed. I know the city owns some and other people have some. So that those people, apparently all of their wastewater is going to have to come down through this valley. In which case I can't understand why it can't come from the top down while it is on the top and then go over under Foster Road or however they might do that. I am sure they do handle it if they are going to go under the interstate, they can certainly take care of Foster Road. But it just seems to me that it is ridiculous to get worried over trying to get through the wetlands which would be a horrible experience for anybody with equipment because it is so wet and such a bog all of the time that they are going to have great difficulty. But I assume they can handle it and so how it will get come back, I don't know. Mother Nature made it as a sponge. They say the sponges are to filter out whatever Mother Nature didn't want to go into the fiver and so we are tampering with something that was carved by the glacier and then enhanced as it has been grown with beautiful trees and many many varieties of them were there when we saw it. So we have added to that number of things. But I just would like to see somebody look at that route up on top of the hill right now and see what would be This represents only a reasonably accurate transcription of the Iowa City council meeting of June 18, 1997 F061897 #3a. & b. page 14 required and if it could be possible to bring help to those properties that need sewer help and have for sometime without even going through the area that is so sensitive and it certainly qualifies with all the things I read in the Sensitive Areas Ordinance. It qualifies for having those requirements. Kubby/I thought Chuck just told us it would need a lift station. It would increase the cost substantially of the project and like hitting rock is higher. I think we have looked at it at least superficially and seen that it is not an attractive option in terms of the cost of the project. Dilkes/I think what Chuck also said it might require a reconfiguration of other parts of the project which- Kubby/When we are at the very end of the process. Council/(All talking). Dilkes/We have already got out easements and ready to go. Meardon/Basically, Mrs. MacDonald, as I understand his position, first of all you don't want it on your property. MacDonald/That is right. Meardon. That is a fair statement, all right. Secondly, if it is determined to go on your property, then you want it as far west as possible so it is away from the wetland. Is that be a fair statement? MacDonald/Well, I guess that is true. I still remember the Cliffs, So I know these people are talking about going into banks are talking about erosion. But yes, I guess that would be true. I haven't really tried to make a choice because I have been so hopeful that people would see the value of it. Meardon/I understand what you are saying. Dilkes/That is exactly my concern Vanderhoef/I just would like it for the record- Last night you were talking about the lift station and putting it on the east side of your house and I just like to hear you say that you have decided for or against that option. This represents only a reasonably accurate transcription of the Iowa City council meeting of June 18, 1997 F061897 #3a.&b. page 15 MacDonald/Well, I haven't ever heard where they would put a road. They said they needed a road to go up to it. There are two gouges in the terrain that can be seen from Foster Road where somebody had a plan to put a road through there up to the top of the hill. So I haven't really and neither have I had anybody. Chuck and I didn't walk that area and I haven't any real information to know what that is like but I think there is plenty of room up there and I know that there would be room on my property to put a road if somebody wanted to. I am sure my little bridge wasn't built for big heavy equipment for building a lift station. I don't think it would be good to use my bridge and my driveway for that. It could take service vehicles but it would be for repair perhaps but not for construction of a lift station with concrete and that kind of thing. But I think a road could be built up from Foster Road and it would probably work very well because there is a deep deep gully there for quite a distance and I do have land enough I am sure to the east that it could all be on my property. Kubby/What it feels like to me right now is that we are negotiating and I don't know that that is our job. That is not- I don't want to be placed in that position and what I would rather do is say we want to be as- We want to keep the project within this cost range. We want to keep the lines as far to the west of the house as feasible balancing the construction disturbance and the restoration factors and give that kind of general guidelines to Chuck and let staff do the specific negotiation. Our job is not to do that kind of specific negotiation. Nov/I though that according to staff, we had the best alignment, I can see the possibility of it moving slightly to avoid some wetlands or to avoid some trees. But don't see that we ought to start now and re-negotiating something up on this side of the hill or that side of the hill. Kubby/I agree. Dilkes/I don't think the resolution has to change then if that is the intent. Kubby/We can just give direction. Norton/Isn't everything rumting down hill, Chuck? The sewer? Why do you need a lift station with stuff running down hill? Schmadeke/Only if the (can't hear). Vanderhoeff If the pipe goes high. Kubby/If you move it east or west. This represents only a reasonably accurate transcription of the Iowa City council meeting of June 18, 1997 F061897 #3a. & b. page 16 Lehman/ Karen, I tend to agree with what you are saying. I know that when we did Pleasant Valley, the sewer line next to the golf course, we asked you, Chuck, to run the line as close as you possibly could to the golf course to keep as much of those lines buildable so that easement wouldn't interfere with building houses and I think we were, at least from my understanding, highly successful in putting that sewer line in with the least possible interference to the golf course and did maintain the back of the lots that are currently buildable. I think that is true. And I guess I am comfortable with what Karen is saying that some version and I think that is really what we are talking about anyway. Because, you know, you mark it on the map and it gets right down to putting it in, it may mot go along those exact lines. But I think some version of this I would find acceptable with you, Chuck, having the option of doing whatever you can to mitigate damages to that wetland. If you can move that thing like you did on the golf course, you know, 8-10 feet or however to minimize damage to the property, I would go along with that and I think it worked extremely well with Pleasant Valley and I see no reason why this wouldn't work here and we get the leeway to you and or the engineers if we can- We minimize the damage that occurs as much as we possibly can. Nov/Steve has been anxious to say something. Everybody else listen for a minute. Atkins/I am not particularly anxious. Chuck or Eleanor, does this proposal take us outside the easement? Dilkes/Yes because that would- If we change the alignment, we are going to need a new easement than what we have got and all that involves negotiation with Mrs. MacDonald in connection with- Atkins/So it is understood that if we go outside the easement, that does require another set of- Kubby/If we can't do negotiations then it is the line that is on- the approximate line that is on the map. Vanderhoef/We definitely have a time line in here and now we know that we are working with wetlands, it takes an extra step and some extra time now to get the Corps of Engineers involved in this and at the other end of this project we are getting really scrunched. So we need to move forward today. Kubby/Does anyone have a problem? This represents only a reasonably accurate transcription of the Iowa City council meeting of June 18, 1997 F061897 #3a. & b. page 17 Norton/I am happy to that subject only to a real hard look at the spring situation if nobody has actually seen where that is. I think everything would be conditional on being sure you can- Because if you butcher that, you really got problems. Lehman/I don't know that that is possible to physically guarantee that they will- Norton/I don't know. Somebody must be able to figure that out. Nov/What is physically possible is to move her line around the springs or around the wetland. What it appears to me not physically possible is to move it far enough that it is going to be on top of the hill. Am I summarizing correctly? Okay. Norton/I think we are in general agreement but I would like to see (can't hear) a look at that spring. Kubby/It seems like council direction would be to get- I know we try to restore things all the time but it doesn't always happen and so to give special care to the restoration of this treasure. Thornberry/I thought last night you said you would be boring under that spring and it probably wouldn't be affected since- Lehman/Under the stream and under the trees. Norton/Stream and under the trees. They don't even- have not explored the springs explicitly. Thomberry/Once you screw up a spring, it won't come back. Nov/Well, it may not be a spring. We just don't know. But we would like to avoid- Schmadeke/Depends on the source of the water. Thomberry/Are you going below where the spring comes out of the ground? Are you below it or above it? Schmadeke/Depends if the spring comes- is fed through the rock, it is going to find its way to the surface again somewhere. Thomberry/That is correct. This represents only a reasonably accurate transcription of the Iowa City council meeting of June 18, 1997 F061897 #3a. & b. page 18 Schmadeke/If it is flowing through the soil and we cut through that, then we are going to cut it off. It may find its same route it had before, it may find an easier route. Thomberry/You don't know where the spring bubbles out of the ground? Schmadeke/I don't know how it is fed. If it is fed from ground water coming through the rock. Norton/Can that be determined before you start digging? Schmadeke/(Can't hear). Norton/Take your seismic instruments in there. Schmadeke/(Can't hear). Council/(All talking). Nov/Okay folks. Dilkes/I think the resolution of this manner will also come back to you because we have litigation pending. We would hope to resolve that at the same time we resolve these other things. Thomberry/Let me ask this. If we go as far west as we possibly can to not harm the wetlands as much as possible and it gets to the edge- I don't know how wide the easement is. Dilkes/It is 25 feet per minute and 50 temper- Thomberry/Could that be bent a little bit to keep it out of the area as much as possible or not? Kubby/That would be up to- Thomberry/Margaret or Bill. Kubby/Yeah, up to Margaret. If we are willing to be flexible, are they willing to be flexible? Thornberry/If they want us to be flexible and keep it to the west as far as possible and it gets to the edge of the easement and we can't go any further and half to go This represents only a reasonably accurate transcription of the Iowa City council meeting of June 18, 1997 F061897 #3a. & b. page 19 through an area that we really we wouldn't have to go through but the easement is not further to the west than that, then we are screwed. Dilkes/We wouldn't agree to change the alignment unless they had to give us the easements we needed. Thornberry/Okay but if we could say geez, we can go this way a little bit and save this, would you like us to do that and if they said yes, we could do that. Lehman/I don't think that is a problem. Kubby/If we pass this that your direction on the issues that we are concerned about? (Can't hear). Council/(All talking). Norton/You may need to listen to this tape. Kubby/I am ready to vote. Lehman/I am, too. Close the hearing. Nov/Okay. What we are voting for- Kubby/You need to close the hearing. Thomberry/I really would like to understand that I know you can't scrape off and put your pipe in and put the same stuff you scraped off back. But put it back just as close as you possibly can with the same type ofplant- Schmadeke/We are separating the top soil out and the wetlands there are a lot of seeds. Thornberry/If it needs water, don't screw up the spring. Norton/We have already made that caveat. Nov/All right. I am going to close the p.h. and we are going to vote on the just what we have been talking about which is to follow the basic plan that we have with modifications that would do the most minimal damage to that area in terms of wetlands, woodlands, springs or whatever. Dilkes/Assuming those can be worked out with Mrs. MacDonald. This represents only a reasonably accurate transcription of the Iowa City council meeting of June 18, 1997 F061897 #3a. & b. page 20 Nov/Right. I just wanted to say it so we all understand what we are doing here. P.h. is now closed. Moved by Lehman, seconded by Norton. Any further discussion? Roll call- (yes). Okay, motion carries. (Reads Agenda/44) We are going to do that later, right? We are going to recess now and then do the work session on finances. Lehman/Naomi, before we recess- Norton/Was this off, Marian? Karr/No, we haven't- Council/(All talking). Lehman/These was some discussion last night relative to SEATS discussion and I guess just for the record I would like to indicate to our SEATS negotiators, Dee and Dean, that I have a great deal of confidence in your ability to do what is in the best interest of the City of Iowa City and the people of this community and to see to it that our tax dollars are spent in a proper fashion. I have confidence in your ability to, if at all possible, work out an agreement with the county for providing SEATS service. And from my view point any indication to the contrary from last night's meeting certainly does not reflect my views. I do appreciate what you are doing. And I guess and I understand what Karen was saying last night. But I think the point is if you are going to negotiate, you must have the tools with which to negotiate whether or not you expect to use those tools. So at least from my vantage point, I want to thank you for your efforts and wish you the best of luck in representing the council and people of this community. Thomberry/Before anything is said or done or anything else, it will be brought back to the rest of council. Vanderhoef/Thank you. Nov/We need a motion to recess the formal meeting and then we will come back. Moved by Lehman, seconded by Vanderhoef, that we recess. All in favor, please say aye- (ayes). Motion carries. This represents only a reasonably accurate transcription of the Iowa City council meeting of June 18, 1997 F061897