HomeMy WebLinkAbout1997-06-17 AgendaSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office, 356-5040.
AGENDA
CITY COUNCIL MEETING
June 17, 1997 - 7:00p.mo
Civic Center
ITEM NO. 1.
CALL TO ORDER.
ROLL CALL.
ITEM NO. 2.
MAYOR'S PROCLAMATIONS~
a. Pride Month - June.
ITEM NO. 3.
CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED
OR AMENDED.
a. Approval of Official Council Actions of the special meeting of
June 2 and the regular meeting of June 3 as published, subject to
corrections, as recommended by the City Clerk.
b. Minutes of Boards and Commissions.
(1) Design Review Committee - May 19
(2) Design Review Committee - June 2
(3) Iowa City Board of Adjustment - May 14
(4) Iowa City Human Rights Commission - June 3
(5) Iowa City Planning and Zoning - May 15
(6) Parks and Recreation - May 14
(7) Rules Committee - May 12
(8) Riverfront and Natural Areas Commission - May 21
Recommendation to Council: Approve the amended By-Laws.
c. Permit Motions and Resolutions as Recommended by the City Clerk.
(1) Consider a motion approving a Class E Beer Permit for American
Drug Stores, Inc., dba Osco Drug Store #2393, 2425 Muscatine
Ave. (Renewal)
(2) Consider a motion approving a Class E Liquor License for
American Drug Stores, Inc., dba Osco Drug Store #2393, 2425
Muscatine Ave. (Renewal)
June 17, 1997 City of Iowa City Page 2
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
d.
Consider a motion approving a Class C Liquor License for Dublin
Underground, Inc., dba Dublin Underground, 5 S. Dubuque St.
(Renewal)
Consider a motion approving a Class C Liquor License for David
L. Alberhasky dba Dave's Foxhead Tavern, 402 E. Market St.
(Renewal)
Consider a motion approving a Class C Liquor License for Pamela
J. Sabin dba The Kitchen, 215 E. Washington St. (Renewal)
Consider a motion approving a Class C Liquor License for Keith
W. Dempster dba The Mill Restaurant, 120 E. Burlington St.
(Renewal)
Consider a motion approving a Class C Liquor License for
American Legion Roy L. Chopek Post //17 dba American
Legion Roy L. Chopek Post //17, 3016 Muscatine Ave.
(Renewal)
Consider a motion approving a Class C Liquor License for
V.F.W., Weekes - Van Eck Post 3949 dba V.F.W., Weekes -
Van Eck Post 3949j 609 Highway 6 East. (Renewal)
Consider a motion approving a Class E Beer Permit for Krause
Gentle Corp., dba Kum & Go //422, 513 S. Riverside Dr.
(Renewal)
Consider a motion approving a Class C Liquor License for
Gunnerz, Ltd., dba Gunnerz, 123 E. Washington Street.
(Renewal)
Consider a motion approving a Class E Liquor License for Hartig
Drug Stores Corp., dba Hartig Drug Co. #10, 701 Mormon Trek
Blvd. (New)
Consider a motion approving a Class E Beer Permit for Hartig
Drug Stores Corp., dba Hartig Drug Co. //10, 701 Mormon Trek
Blvd. (New)
Consider a resolution to issue a Dancing Permit to The Mill
Restaurant, 120 E. Burlington St.
Consider a resolution to issue Cigarette Permits.
Motions.
(List Attached)
(1)
CONSIDER A MOTION TO APPROVE DISBURSEMENTS IN THE
AMOUNT OF t~10,283,124.76 FOR THE PERIOD OF APRIL 1
THROUGH APRIL 30, 1997, AS RECOMMENDED BY THE
FINANCE DIRECTOR SUBJECT TO AUDIT. DISBURSEMENTS
ARE PUBLISHED AND PERMANENTLY RETAINED IN THE CITY
CLERK'S OFFICE IN ACCORDANCE WITH STATE CODE.
City of iowa City
MEMORANDUM
DATE:
TO:
FROM:
REF:
June 16, 1997
Mayor, City Council. General Public
Marian K. Karr / City Clerk
Additions to Consent Calendar
3. C.(15)
Consider a motion approving a Temporary Outdoor Service Area for Golden Oldies,
1910 S. Gilbert Street. (July 3, 1997)
3. F. (6)
John Goree - airport improvements
June 17, 1997 City of Iowa City Page 3
e. Resolutions.
(1)
CONSIDER A RESOLUTION APPROVING THE BY-LAWS OF
THE IOWA CITY RIVERFRONT AND NATURAL AREAS
COMMISSION.
The Rules Committee and the Natural Areas Commission
recommend adoption of the by-laws as presented. Minutes of
both meetings are on the consent calendar. See Items 3b(7) and
3b(8).
(2)
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR
TO SIGN AND THE CITY CLERK TO ATTEST THE
RELEASE OF A LIEN REGARDING THE REHABILITATION
AGREEMENT, THE LOW-INTEREST PROMISSORY NOTE AND
THE MORTGAGE FOR THE PROPERTY LOCATED AT
847 RUNDELL STREET, IOWA CITY, IOWA.
Comment: The owner of the property located at 847 Rundell
Street, received a loan through the City's Housing Rehabilitation
Program on December 21, 1994, for $11,000. The financing
was in the form of a Rehabilitation Agreement, a Low Interest
Promissory Note and a Mortgage. The balance of this loan was
paid off on May 29, 1997, thus the lien can now be released.
(3)
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR
TO- EXECUTE AND THE CITY CLERK TO ATTEST A
SUBORDINATION AGREEMENT BETWEEN THE CITY OF
IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT
UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT
1625 CALIFORNIA AVENUE, IOWA CITY, IOWA.
Comment: University of Iowa Community Credit Union, Iowa
City, has requested that the City approve a Subordination
Agreement for the owners at 1625 California Avenue. On
May 30, 1997 the owners of the property received a loan in the
form of two Mortgages for a total of ~1z1.,352 through the City's
Housing Rehabilitation Program..University of Iowa Community
Credit Union is about to refinance the first mortgage. The
appraised value is $92,000 which provides enough equity to
cover the City's second lien position, of which was the City's
original position.
June 17, 1997
(4)
(5)
(6)
(7)
City of Iowa City
Page 4
CONSIDER A RESOLUTION APPROVING A NEW LEASE
AGREEMENT WITH THE IOWA CITY AIRPORT COMMISSION
AND THE CITY OF IOWA CITY FOR THE LEASE OF AIRPORT
LAND BEING USED BY THE IOWA CITY SALVAGE BARN.
Comment: The current lease agreement that the City of Iowa
City has with the Iowa City Airport Commission for the land the
Salvage Barn is located on will expire on June 30. In order to
continue with the salvage program at the current location, the
lease agreement needs to be extended. The Airport Commission
has agreed to a new two-year agreement with only a minor
increase in rent. The past rent for this site was t~1,200/year and
the new rent will be $1,400.
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO
SIGN AND CITY CLERK TO ATTEST THE LICENSE AGREEMENT
FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN
THE CITY OF IOWA CITY, AND LITTLE DONKEYS, INC., D/B/A
PANCHERO'S, INC. FOR A SIDEWALK CAFE. (RENEWAL)
Comment: Little Donkeys, Inc., (Panchero's, Inc.), has filed an
application (including fees) for permission to operate a sidewalk
cafe on the public right-of-way in front of 32 S. Clinton Street.
City staff inspected the area and recommends approval. A
memorandum to the Design Review Committee from Economic
Development Coordinator Schoon is included in Council packet.
RESOLUTION RESCINDING RESOLUTION NO. 94-254
AND ADOPTING IN LIEU THEREOF A NEW
RESOLUTION ESTABLISHING FEES AND POLICY FOR
EXAMINATION OF PUBLIC RECORDS FOR SERVICES
PERFORMED BY THE OFFICE OF THE CITY CLERK.
Comment: This resolution amends the previous resolution by
setting the fee for re-issuance of a cemetery deed.
CONSIDER A RESOLUTION TO SPECIFY THE USE
OF ADDITIONAL TAX CREDIT REIMBURSEMENT.
Comment: House File 726 as signed into law on May 15, 1997
will provide full funding from the state for homestead, military
and elderly property tax credits. The law requires that at least
50% of the additional reimbursement, as compared to FY97
receipts for said credits, be used toward property tax relief as
determined by the City and the remaining amount to be used for
infrastructure needs. The additional funding received will be
approximately 8106,000.
June 17, 1997 City of Iowa City Page 5
(8)
CONSIDER A RESOLUTION
1997 COMPREHENSIVE
PROGRAM (CLAP).
AUTHORIZING APPLICATION FOR
IMPROVEMENTS ASSISTANCE
Comment: A Notice of Funding Availability for Fiscal Year (FY)
1997 was published in the Federal Register on May 1, 1997.
The Iowa City Housing Authority proposes to apply for these
funds for comprehensive improvements to Public Housing
properties (e.g., roof replacement, residing, new windows,
furnace replacement) and their management. This application
contains a thorough needs assessment of the Housing Authority
and includes renovation cost for relocation of the Housing
Authority to the Civic Center. The Iowa City Housing Authority
applied for and received ClAP funds for 1996 in the amount of
9182,385. The total amount requested with this ClAP
application is $676,060.
(9)
CONSIDER A RESOLUTION APPROVING AN AGREEMENT
BETWEEN THE CITY OF IOWA CITY AND THE
IOWA STATE DEPARTMENT OF ECONOMIC DEVELOPMENT
FOR IOWA EMERGENCY SHELTER GRANTS PROGRAM
FUNDING, AND AUTHORIZING THE MAYOR TO EXECUTE AND
THE CITY CLERK TO ATTEST THE SAME.
Comment: The Iowa Department of Economic Development has
agreed to provide the City of Iowa City a maximum of 9118,780
in U.S. Department of Housing and Urban Development funding
for the support of services for the homeless. These funds will
be used by the following local agencies: Domestic Violence
Intervention Program (923,500), Four Oaks a.k.a. Youth Homes
(924,800), Emergency Housing Project (32,200), Table to Table
(917,100), Greater Iowa City Housing Fellowship (95,000), and
Hawkeye Area Community Action Program (913,000). The
award also includes 93,180 to reimburse the City for its
expenses in administering this grant. This Emergency Shelter
Grants Program funding represents a slight increase from the
FY97 allocation.
(10) CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE
PARK ROAD STORM SEWER PROJECT, PHASE II.
Comment: See Engineer's Report
f. Correspondence.
(1) Tina McCoy- dog park
(2) Tom Wegman (Arts Center and Gallary) - art
(3) Barbara Ringwalt - Hickory Hill Park
(4) Robert Welsh - paratransit service
June 17, 1997 City of Iowa City Page 6
(5) JCCOG Traffic Engineering Planner:
(a) Prohibition of On-Street Parking on the Northeast Corner of
Dover Street and Wayne Street Intersection
(b) Designation of Two Metered Parking Spaces in the 300
Block of S. College Street as "HANDICAPPED PARKING
Applications for Use of City Plaza. (all approved)
(1) Jacqueline Gharib (WINDS Education Campaign distribution of
literature) - various dates throughout summer and fall
(2) Tom Miller (Campus Bible Fellowship distribution of literature) -
various dates throughout summer
END OF CONSENT CALENDAR.
ITEM NO. 4.
PUBLIC DISCUSSION
(ITEMS NOT ON THE AGENDA).
ITEM NO. 5. PLANNING AND ZONING MATTERS.
Consider an ordinance amending Title
"Zoning," Article P, entitled "Fences and
vision triangle requirement at intersections.
14, Chapter 6, entitled
Hedges," to change the
(First consideration)
Comment: At its May 1 meeting, by a vote of 7-0, the Planning and
Zoning Commission recommended approval of the proposed
amendment. Staff recommended approval in a report dated May 1.
Action: ~~/~7~J~ /}~d. ~C~P
#5B page 1
5B. AMENDMENT OF TITLE 14, CHAPTER 6, ENTITLED "ZONING," ARTICLE O,
ENTITLED "SIGN REGULATIONS," TO PERMIT PROJECTING SIGNS AS A
PROVISIONAL SIGN IN THE CB-5 AND CB-10 ZONES.
(1) PUBLIC HEARING (CONTINUED FROM JUNE 3)
Nov/This is a continuation of the p.h. followed by first consideration of the ordinance.
P.h. is now open. Is there anyone who would like to address the council on the
topic of signs, particularly projecting signs? Okay.
Baker/This is the p.h.?
Nov/This is p.h. We are closing the p.h.? No. We are continuing the p.h.? We need to
motion to continue. All right, to July 157
Dilkes/Motion to defer.
Nov/All right. We need a motion to contim~e the hearing to July 15. Moved by Norton,
seconded by Thornberry. All in favor, please say aye- (ayes).
(2) CONSIDER AN ORDINANCE (FIRST CONSIDERATION).
Nov/Okay, now we need a motion to defer first consideration of the ordinance on
projecting signs. Moved by Lehman, seconded by Thornberry, that we defer first
consideration. All in favor, please say aye- (ayes). We are doing this in order to
amend the ordinance.
Norton/Madam Mayor, it just seems to me maybe one comment is in order that we have
heard from the Design Review Commission kind of not particularly in favor of
this. But there were several of us on council that would like this to go a little
further, the possibility of making it possible to incorporate some projecting signs.
So there is difference of opinion. We need time to get a little more sense of the
opinions around town about this matter because some people think it will bring
clutter. Others of us think it will bring visual variety.
Nov/We have two commissions actually who have said don't change it.
Norton/Well, I don't lmow. Did P/Z also?
Nov/Yes.
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#5B page 2
Norton/Well, we had heard from then again last night. There are still several of us on the
council who feel maybe we ought to give it a little bit more thought before we
proceed and maybe permit them.
Nov/Well, we are going to give it more thought.
Norton/Good.
Thornberry/You should have brought in your pictures.
Norton/I am putting them together. I making a little packet together of the proper
presentation of how things might look. But I understand there are risks about it.
We will see.
Nov/Okay.
Norton/We would like to hear from people in other words.
Nov/All right. We have continued the p.h. We have deferred the first consideration of it.
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F061797
City of Iowa City
MEMORANDUM
DATE:
TO:
FROM:
REF:
June 16, 1997
Mayor, City Council. General Public
Marian K. Karr / City Clerk
Additions to Consent Calendar
3. C.(15)
Consider a motion approving a Temporary Outdoor Service Area for Golden Oldies,
1910 S. Gilbert Street. (July 3, 1997)
3. F. (6)
John Goree - airport improvements
#4 page 1
ITEM NO. 4 PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA).
Nov/Public Discussion. This is for items that are not on today's agenda. Please sign in,
name and address. Limit your comments to no longer than five minutes.
Philip Zell/I am speaking on behalf of the Senior Center Commission. Recently there
was an article in the Press Citizen regarding the survey that was conducted by the
Senior Center and so I am here to make a few brief comments about their
comments. We have been in the process of planning for the immediate future on
the Commission and so we feel that the survey information is very useful to us as
we look forward as we want to plan programs that meet the needs of the people in
our community. We didn't design the survey to get a pat of the back. We designed
the survey, or I should say the people who designed he survey, designed it so that
we could find out where our wealmesses lay so that we could shore up those
wealmesses. So we could provide better service to the community. In my personal
opinion, the Iowa City Press Citizen made a value judgment that they may not be
qualified to make. I welcome them to offer concrete suggestions to any member of
the Commission, to the staff at the Senior Center, to the Council of Elders as to
how we could improve service to this community. We certainly would welcome
those suggestions. Thank you.
Nov/Thank you. Is there anyone else who would like to talk about a topic that is not on
today's agenda? Okay, we are going to move on.
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F061797
June 17, 1997 City of Iowa City Page 7
Go
Amendment of Title 14, Chapter 6, entitled "Zoning," Article O,
entitled "Sign Regulations," to permit projecting signs as a provisional
sign in the CB-5 and CB-10 zones.
Comment: At its May 1 meeting, by a vote of 6-1 with Chair voting
no, the Planning and Zoning Commission recommended that projecting
signs continue to be prohibited. The Design Review Committee also
recommended they be prohibited. Staff recommended that projecting
signs continue to be prohibited in a report dated May 1.
(1) Public Hearing (continued from June 3)
Action:
Consider an Ordinance (First consideration)
Action:
Amendment to , Chapter 6, entitled "Zoning," Article O,
entitled "Sign Regulations," to permit portable signs as a provisional
sign in the CB-2, CB-5, and CB-10 zones.
Comment: At its May 1 meeting, by a vote of 6-1 with Supple voting
no, the Planning and Zoning Commission recommended approval of
the proposed amendment. The Design Review Committee also
recommended approval. Staff recommended approval in a report
dated May 1.
(1)
Public Hearing (continued from June 3)
Action:
(2)
Consider an Ordinance
Action:
#5C page 1
AMENDMENT OF TITLE 14, CHAPTER 6, ENTITLED "ZONING," ARTICLE O,
ENTITLED "SIGN REGULATIONS," TO PERMIT PORTABLE SIGNS AS A
PROVISIONAL SIGN IN THE CB-2, CB-5, AND CB-10 ZONES..
(1) PUBLIC HEARING (CONTINUED FROM JUNE 3)
Nov/Is there anyone who would like to talk about the portable sign? Okay.
Public hearing closed. We need a motion to consider the ordinance
(2) CONSIDER AN ORDINANCE (FIRST CONSIDERATION)
Thornberry/ Motion to consider the ordinance.
Lehman/ Second
Nov/ Moved by Thornberry, seconded by Lehman. Discussion.
Kubby/ I'd like to discuss adding a sunshine clause so that if after a year...
Norton/ Sunset...
Kubby/ ....Sunshine. We need more sunshine. It was such a beautiful day. A sunset
clause thank you. I wrote sunshine down here, interesting. So that after a year we
have to make a conscience decision to keep it going. So we can see what it's like
for year. It's a real small investment if people buy these portable signs that are
basically white erase boards and then we decide not to do it anymore it's not
putting a real burden on these businesses who are doing it anyway without it
being legal.
Thornberry/ I'll second the amendment.
Kubby/ So I move an amendment to have a sunset clause for one year after the date of
final passage. Whatever that date is. August something, 1998.
Nov/ Moved by Kubby, seconded by Thornberry, that we have this sunset clause. Is
there any discussion on the amendment? Roll call, no. Just a motion. All those
in favor please say aye-(ayes). Okay the amendment has been approved. Now is
there any discussion on the first consideration of the ordinance? I would like to
clarify one point.
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F061797
#5C page 2
Though this sign spaces may be erasable boards they don't have to be. They can
be painted signs or something similar and they can have limits and there can be
only two faces. Okay. Roll call-(yes). We have approved first consideration as
amended.
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June 17, 1997 City of Iowa City Page 8
ITEM NO. 6.
Consider a letter to the Johnson County Board of Supervisors
recommending approval of an application for a continuation of a
conditional use permit to allow a home business, an art gallery, for
property located in Fringe Area B at 3880 Owl Song Lane SE,
immediately north of Inverness Court. (CU9701)
Comment: At its June 5 meeting, the Planning and Zoning
Commission, by a vote of 7-0, recommended approval of continuing
the conditional use permit for this property for a period of five years.
Staff recommended approval in a memorandum dated June 5.
CONSIDER A RESOLUTION DETERMINING AN AREA OF THE CITY TO BE
AN ECONOMIC DEVELOPMENT AREA, AND THAT THE
REHABILITATION, CONSERVATION, REDEVELOPMENT, DEVELOPMENT,
OR A COMBINATION THEREOF, OF SUCH AREA IS NECESSARY IN THE
INTEREST OF THE PUBLIC HEALTH, SAFETY OR WELFARE OF THE
RESIDENTS OF THE CITY; DESIGNATING SUCH AREA AS APPROPRIATE
FOR AN URBAN RENEWAL PROJECT; AND ADOPTING THE SCOTT-SIX
URBAN RENEWAL PLAN THEREFOR.
Comment: The designation 'of the Scott-Six Industrial Park as an Urban
Renewal Area will allow the City to use tax increment financing for public
infrastructure improvements and for financial incentives to qualifying
businesses. At its meeting of April 17, 1997, by a vote of 6-0, the
Planning and Zoning Commission found that the Scott-Six Urban Renewal
Plan conforms with the Iowa City Comprehensive Plan - 1989 Update
subject to the Urban Renewal Area being annexed and rezoned to an
Intensive Commercial Zone and a General Industrial Zone. On April 14,
1997, a formal consultation was held with representatives of the affected
taxing entities. None of the affected taxing entities have provided
written recommendations regarding the division of revenue as set forth
under the Plan, nor have written or oral objections been filed from the
public with respect to the Plan.
Action: ~/~_/~~
June 17, 1997 City of Iowa City Page 9
ITEM NO. 7.
ITEM NO. 8.
CONSIDER AN ORDINANCE PROVIDING THAT GENERAL PROPERTY
TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY
LOCATED WITHIN THE SCOTT-SIX URBAN RENEWAL PROJECT AREA,
IN THE CITY OF IOWA CITY, COUNTY OF JOHNSON COUNTY, STATE
OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF
IOWA CITY, COUNTY OF JOHNSON, IOWA CITY COMMUNITY SCHOOL
DISTRICT AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL
FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS,
MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS
ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION
WITH SAID URBAN RENEWAL REDEVELOPMENT PROJECT. (PASS AND
ADOPT)
Comment: The adoption of this Scott-Six Tax Increment Financing
District Ordinance establishes the mechanism by which incremental
property tax revenues will be made available to the City for the purposes
of financing public infrastructure improvements and providing financial
incentives to qualifying businesses.
EXECUTION OF AN AGREEMENT FOR PRIVATE REDEVELOPMENT BY
AND BETWEEN THE CITY OF IOWA CITY AND ALVIN AND MARY JO
STREB.
Comment: The agreement outlines the complete partnership between the
developer, AI and Mary Jo Streb, and the City in establishing the Scott-
Six Industrial Park. In particular, the agreement addresses the use of tax
increment financing.
a. PUBLIC HEARING
June t7, 1997 City of Iowa City Page 10
ITEM NO. 9.
PUBLIC HEARING ON AN ORDINANCE AMENDING TITLE 14, "UNIFIED
DEVELOPMENT CODE," CHAPTER 3, "CITY UTILITIES," ARTICLE A,
"GENERAL PROVISIONS" OF THE CITY CODE TO ESTABLISH 'RULES
GOVERNING BILLING ADJUSTMENTS TO CiTY UTILITY ACCOUNTS FOR
INCORRECT BILLINGS; TO WAIVE PAYMENT FOR CERTAIN SOLID
WASTE/RECYCLING SERVICES; AND, TO AMEND THE CITY CODE
PROVISION CONCERNING THE ESTABLISHMENT OF CITY UTILITY
ACCOUNTS TO ELIMINATE THE REQUIREMENT OF A WRITTEN
AGREEMENT.
Comment: The proposed ordinance enacts rules governing utility billing
adjustments by ordinance so that such rules will have the force and
effect of law. The ordinance provides for waiver of payment of solid
waste/recycling collection services that were provided to Iowa City
households but not billed for due to incomplete billing information when
the failure to bill is discovered by the City on or before July 1, 1997.
Finally, the ordinance eliminates the requirement that a person
establishing a City utility account execute a written agreement, because
the process of obtaining a written agreement from each customer and
implementing a record retention system for said agreements is time
consuming and expensive. Staff memorandum included in Council
packet.
Action: ,~'.~,
ITEM NO. 10.
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.
Comment: This work involves the construction of a sanitary sewer north
of Foster Road which will provide sanitary sewer service to the water
plant site and the area south of Interstate 80 and west of No Name
Street. These improvements will make it possible to eliminate non-
performing septic tank systems in the drainage area. In addition, a sewer
line will be extended from the existing North River Corridor Sewer on
Dubuque Street at Taft Speedway north and east to the existing Prairie
du Chien sewer at B'jaysville Lane to eliminate a surcharging condition.
The estimated cost of this work is 9452,600. Funding for this project
will be provided by Sewer Revenue Bonds.
a. PUBLIC HEARING
Action: ~ ~x'~
b, CONSIDER A RESOLUTION APPROVING
#9 page 1
ITEM NO. 9 PUBLIC HEARING ON AN ORDINANCE AMENDING TITLE 14,
"UNIFIED DEVELOPMENT CODE," CHAPTER 3, "CITY UTILITIES," ARTICLE A,
"GENERAL PROVISIONS" OF THE CITY CODE TO ESTABLISH RULES
GOVERNING BILLING ADJUSTMENTS TO CITY UTILITY ACCOUNTS FOR
INCORRECT BILLINGS; TO WAIVE PAYMENT FOR CERTAIN SOLD
WASTE/RECYCLING SERVICES; AND, TO AMEND THE CITY CODE
PROVISION CONCERNING THE ESTABLISHMENT OF CITY UTILITY
ACCOUNTS TO ELIMINATE THE REQUIREMENT OF A WRITTEN
AGREEMENT.
Nov/P.h is open. If you would like to discuss utility billings, please sign in. Okay.
Kubby/Was there notice given to all the people who had back bills that there was going
to be a p.h. about this?
Dilkes/There have been letters sent out saying to those people saying they're not going to
be billed. I don't know that they were notified of the p.h.
Norton/May I assume that that slight concern that was expressed as being in a letter from
you about the fact that written agreements are necessary if you're going to avoid
any charges of the interest on deficiencies either direction, but without a written
agreement that might be a small window of port of opportunity open to someone.
Did you express that in a memo?
Dilkes/Yeah, I think the risk is really pretty minimal.
Norton/The risk is small enough to not worry about it.
Lelur~an/And it applies only to interest. Is that correct?
Norton/Yes.
Dilkes/Just the interest.
Kubby/For the burden of having written agreements with everyone so out weighs-
Norton/I understand it is pretty heavy so I just want to be sure everybody was happy with
titat. I think it's pretty desirable to try to proceed to with as little paperwork and
mechanics as we can.
Nov/Okay. We're going to close the p.h. The p.h. is closed and we're on item 10. Item
10 is 2 parts: a p.h. followed by a resolution.
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#10 page 1
ITEM NO. 10 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 CLERI( TO
PUBLISH ADVERTISEMENT TO BIDDERS, AND FIXING TIME AND PLACE FOR
RECEIPT OF BIDS.
Nov/The p.h. is no open.
Bob Downer/Madam Mayor, members of the City Council. I'm Bob Downer. I am here
this evening as attorney for Margaret MacDonald who lives at 400 Foster Road
and whose property is one of those properties through which this sewer line would
pass. And I am here this evening to request the City Council to defer action on
this matter pending further investigation and review of the environmental impact
of this project. I am sure that at least some of you have read the article that
appeared in this evening's Press-Citizen written by Mr. Sharp who's here in the
audience this evening and in this article, he quotes Kenneth Johnson, one who had
prepared a report for this as indicating that this area possesses a number of unique
environmental factors and that those would be harmed by this project. I have been
out of town this week but Mrs. MacDonald has indicated to me that she has
attempted to secure a copy of this report and has either been advised that it has not
arrived or has not been able to make contact with Mr. Wall, the engineer to whom
this report was apparently going to be sent. I don't believe anyone is disputing the
need for the project in terms of alleviating the problems that exist with respect to
the septic system. However there has been an ongoing discussion with staff with
regard to the route for this line of which three have been proposed through Mrs.
MacDonald's property. One, the route for which the easement was originally
condemned, passes through the stream area that lies to the west of Mrs.
MacDonald's house. A second route between that stream and Mrs. MacDonald's
home was proposed but Mr. Johnson indicated to Mrs. MacDonald when he was
on the scene that he felt that there were significant dangers posed by that route to
the root system of an oak tree that's on the property that he estimated to be 300
years old and in my strictly lay person's opinion, I would have to say is one of the
most majestic trees that I have ever seen. Mrs. MacDonald has proposed a route
that lies to the east of her home that has been indicated would be more costly
because of a lift station being involved in this. Mr. Johnson's report would appear
based upon the conversations that Mrs. MacDonald had with Mr. Johnson and
what was reported by Mr. Sharp, this area would appear to be unique to such a
degree from an environmental stand point that it would appear to justify some
extraordinary steps on the part of the city council to avoid serious environmental
damage to this unique area. And we would therefore request that the council defer
this until its next meeting so that an adequate review of Mr. Johnson's report
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could be made and an adequate review of potential alternatives could occur and by
so doing making certain that environmental damage from this project is kept to a
minimum. Thank you.
Kubby/You lmow last night we asked our Public Works Director Chuck Schmadeke
about the possibility of going to the east side of the house and he said we could. It
would cost us more money. We'd have to have a lift station, and because of the
lift station, we'd have to have a road that goes through the other area, through the
stream and up the valley to get to the lift station. So it would do double damage
on the east side and then in that other area. And so that doesn't seem like a very
prudent decision on our part or it doesn't help Margaret in terms of protecting her
land in that way. That doesn't sound like a very feasible alternative to me.
Norton/I think that $150,000 didn't include the road cost, did it?
Kubby/No, it was just the lift station.
Norton/That was just the lift station itself.
Kubby/Do we have a time frame? Are we in a construction season crunch on that
particular part of the project? Do you know?
Atkins/No, I don't. Eleanor, do you lmow?
Nov/We don't have anybody here from Public Works?
Atkins/He's not here and that's a little concern because he's usually here.
Dilkes/He's usually fight here on time. Chuck could speak to that. My understanding is
that he wants to get moving with this and quickly.
Nov/That is my understanding also and I lmow that this is a wonderful piece of property
but the route that had been chosen is probably the least destructive.
Thornberry/The road bothers- When we found out that a road would need to be built on
the east side of Margaret's house through the property and up there to be able to
get to the lift station, to service the lift station and the pipeline, that bothered me
somewhat as to how much damage could be done by the construction of that road
and that would be a permanent thing as opposed to burying a pipe and covering it
over with vegetation. I don't lmow if Margaret lmew that, that a road would need
to be built there and since Chuck is not here, is there anyway that we can delay
voting on this at all for awhile-
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Nov/Here he is. I was going to say if we could-
Thornberry/If we can ask him, off the top, we are talking about-
Nov/Please come to the microphone and talk to us. Mr. Downer is here on behalf of
Margaret MacDonald and suggesting that we change the route of the pipeline
through her property in order to go east of the house and build the lift station. We
are talking about the need for a road. So would you please help us, fill us in on the
details?
Schmadeke/The additional cost to do would be about $100,000.
Thornberry/$100,0007
Schmadeke/$100,000.
Norton/Is that just for the lift station or the road as well?
Schmadeke/The lift station and the road.
Nov/Okay.
Thornberry/Now, why would a road necessarily have to be there, Chuck?
Schmadeke/To maintain the lift station.
Thornberry/Can't they get so far and then kind of walk in?
Schmadeke/Well, we have to have equipment to pull a pump.
Thornberry/They have to be able to pull pumps and other heavy duty equipment to that
lift station.
Lehman/Chuck, what would this road do to Margaret's property?
Schmadeke/Well, I assume we would follow the easement line for that surface road,
gravel road.
Nov/I think we are kind of concerned about talking out all the vegetation in order to put
in the road and lift station. It is not easy.
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Norton/How will what we propose- pardon me, go ahead?
Schmadeke/That is assuming that there is no rock east of the house. I mean rock
outcroppings all through that area.
Thornberry/What if we are talking rock? We are talking what? Dynamite or what?
Schmadeke/There would be excavation.
Thornberry/Excavation would be a lot more.
Norton/What are the prospects how you can deal with that oak?
Schmadeke/We are west of the oak.
Norton/You don't think you will hurt the roots?
Thornberry/If what we are tallring about is #1, #2, & #3. #1 being as far west as you had
it. #2 would be east of the western alignment but still west of the house. But I
understand and I have seen this big oak tree. Would the damage to the oak tree be
significant to the point where-?
Schmadeke/If it is the alignment that was suggested by Margaret MacDonald to our
engineer, that would miss the oak tree?
Thornberry/What about the root structure to the tree?
Schmadeke/I think it would be beyond.
Thornberry/It would be beyond that even if it were west side of the house?
Schmadeke/That is right.
Norton/And you say what are we likely to find in this punitive Johnson letter? Maybe
Bob, you can say what was the nature of that letter?
Downer/Mr. Sharp in the article this evening refers to- He says there appears to be a
solution, this is the easterly route except for one thing. The east path likely will
slice the roots of a majestic white oak that is more than 300 years old. It is easy to
take in a backhoe and start trenching, said restoration ecologist Kenneth Johnson
of subcontracted conservation design forum. It is a whole different issue to restore
it. The quoting further, in this case it is very important. He said there are few
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places in Johnson County that look like this. We don't know at this point how
much detail this report may go into with regard to various of these factors. The
westerly route it is felt almost surely will severely damage some pine trees that
have been planted there some 40 to 45 years ago and that will certainly change the
area as well. Those are not as critical as the oak. The easterly route were it not for
the problems of the oak would probably be preferable because of the fact that it
doesn't go down through the wetland, you don't have the potential problems that
can occur if the equipment gets stuck in there and the damage to that whole
ecosystem that would be done potentially because of this. And we feel that it is
important that the council know and that Mrs. MacDonald know exactly what he
says there so that the best alternative can be selected. I am certainly not an
engineer and I take Chuck's word for the problems that this easterly route would
create. At the same time it does appear to me that the potential for irreparable
harm here is sufficient that having taking the time to ascertain all of the facts with
regard to what sort of condition may be left following this construction is not an
unreasonable request. We have seen in connection with the pipeline that is on the
rear of the property just exactly the type of damage that can be done with
construction of this nature and that, it seems to me, also is a good indication as to
why great care should be exercised in an area of this nature.
Kubby/Chuck, is there a problem if we should defer this? We don't have a meeting for a
month. Do we have a construction deadline? A goal that we set?
Schmadeke/I think only our other easement that we have expire July of next year.
Dilkes/July of '98.
Kubby/Would that month difference become a problem? I mean in a certain sense we
have been talking with Margaret for a long long time about this and I feel like I
am ready to go. But to make sure everybody understands what the options are and
what the affects on the land of the options are, if we have that month, I would
rather have Margaret and Bob understand all the implications and make sure that
we understand all the implications if we have that month. If we don't have that
month, I am prepared to go forward tonight because we have been dealing with
this for a very long time and have been trying very hard to communicate with
Margaret on many different levels on this issue.
Nov/We have all tried. We have all been there. Chuck, do you know this letter ~om Mr.
Johnson?
Kubby/I am sorry. I didn't get an answer to my question about whether that month is a
problem or not.
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Schmadeke/I think probably there are two issues. One is the deadline next July. The
other is the septic tanks that are in the area. That I have been getting calls from
one of the people that maintains those septic tanks who would like to have the
project completed as soon as possible because of the problems that they have.
Nov/Tell us a little bit more about this letter from Mr. Johnson and when we are all
going to be able to see what it says.
Schmadeke/We haven't received the letter yet. He is the one that did the wetland
investigation and has outlined the wetland area. I have not seen a copy of that.
Nov/Do you Imow who has it?
Schmadeke/I think it was mailed last Thursday and I talked to Howard R. Green and that
is who it was mailed to and they haven't received it yet. Whether it was sent to the
wrong address or-
Vanderhoef/Would it be possible to get it before our afternoon meeting tomorrow?
Nov/That is what I am thinicing. If it is possible-
Kubby/But it is not- We don't have 24 hour notification of an agenda item.
Nov/No, we don't but we can continue this p.h.
Dilkes/We could continue it.
Kubby/But that doesn't really allow-
Schmadeke/I would like to comment a little bit on the trees. We are boring underneath
the pine trees they are concerned about. We will not be cutting through that area.
And we have minimized the construction near the tree area.
Kubby/Is there a way to guarantee that the fill that is used to put the land back together is
nor rock filled that sometimes gets used? That it is dirt fill, that it is quality fill so
that when we do the replanting it may have a better chance of replicating.
Schmadeke/We did not hit any rock along the sewer line as it is proposed.
Kubby/No, I mean when we fill back in.
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Thornberry/I think if he probably fill back in with-
Norton/(Can't hear).
Thornberry/I mean if there is rock in the dirt that they take out then there will be rock
when they put it back in all probability.
Norton/What is the nature of our requirement in jobs like this to restore the property to
nearly as original a condition? Isn't that the terms that we have to ordinarily work
with on this and other projects?
Schmadeke/That is correct. And the most difficult area to restore to its original condition
is a woodland area. It will take many many years to restore it.
Norton/But here you are going to minimize the destruction of the trees by boring?
Schmadeke/Right and the route we select.
Thornberry/Are there any streams there that you have to navigate?
Schmadeke/We are crossing a stream on her property I think once and we are boring the
width of the channel.
Norton/Bore under that as well.
Thornberry/So the stream wouldn't be affected?
Schmadeke/It will not be affected.
Kubby/Another option would be to have a special meeting to talk about this and it
wouldn't necessarily mean that all of us would have to be there because I know
schedules are tight. That when we get the report back, I am feeling that we are
meeting from 1:00 to 5:00 and that if it hasn't come today, it may come tomorrow
but there is no chance to read it and digest it and hear questions to deal with it.
And I don't lmow if that means deferring indefinitely because we don't have a
date but to do something between now and the next meeting so that we can keep
moving forward but we can make sure that we feel incredibly comfortable with
what we are doing unless people feel that comfortable tonight.
Nov/I
would really like to see the letter tomorrow if you can say to Greens to fax it over
to us. I would appreciate that and I would like to continue this hearing until
tomorrow. I lmow that none of us are terribly comfortable without having seen the
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letter but having seen the property, I am reasonably comfortable that the route we
have chosen is the least destructive to the valley that we are using. I just don't see
a better route having looked at it.
Dilkes/As I understand it based on my conversations with Mr. Meardon, who also
represents Mrs. MacDonald. The only route acceptable to Mrs. MacDonald is to
the east of the house. That second route that was described by Mr. Downer is not
on the table as I understand it. So we are talking just east of the house.
Lehman/The one that requires a pump station and the road.
Dilkes/That is right.
Nov/This is not necessarily acceptable in our estimation. So I just wanted to make that
clear.
Dilkes/Right. I just wanted it clear that, as I understand it, that is the only route that is
acceptable.
Thornberry/Bob, did Margaret know about the road that would have to be there with the
lift station?
Downer/No. I think that indicating that that is the only route that is acceptable is not
totally accurate at this point because of the fact that we haven't seen this report
and therefore don't know exactly what the report says. Presumably that will shed
some further light on this situation in terms of the perceived risks associated with
various alternatives and I think that once those are seen, presumably we are all
going to be better informed. Certainly it is accurate to say that of the three, the
strongly preferred route was the one east of the house. Depending upon what the
report says, I don't think it is necessarily accurate to say that neither of the other
two (can't hear).
Norton/Bob, were you and your clients aware of the fact that they were going to bore
under the tree, under the pine tree grove, and under the stream?
Downer/Yes and have grave doubts about how successful that will be. Now, time will
tell. Certainly we were aware of this. This was presented at the condemnation.
That is not anything that is new on the scene.
Thornberry/I was going to say about the same thing. I could see, you lmow, them coming
out with a big trenching machine and going to cross the property and digging a
big ditch and I thought geez, that would be, you lmow, a lot of damage there. If
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they are boring under it, that wouldn't affect the stream, wouldn't affect the root
structure of the trees, wouldn't affect the visibility of the ground area. I don't see
the objection as opposed to having a road back fight behind the house that is
going to be visible all of the time forever, a dusty gravel road. I wouldn't want
that close to my house either.
Norton/Madam, is there any chance that we could consider Karen's suggestion? Is there
any possibility of a special meeting say the end of next week so we have time to
get that letter and digest it?
Kubby/We could continue it-
Nov/Decide that tomorrow.
Norton/We will decide that tomorrow, okay.
Nov/We will continue it to tomorrow. We will look at the letter and we will see if we can
schedule something.
Norton/Okay.
Nov/Marian and I will do the calendar bit without talcing everybody's time.
Norton/Good, good.
Nov/Okay.
Thornberry/Move to continue.
Nov/Okay.
Norton/Second.
Dilkes/You'll need to continue the p.h. and defer the resolution.
Nov/Right. Right. We will continue the p.h. to tomorrow afternoon at 1:00 and all in
favor please say aye- (ayes). Motion carried. Now we need a motion to defer the
resolution. Moved by Thornberry, seconded by Norton and we're going to defer to
June 17, no June 18. I don't know which day this is. Okay. All in favor, please say
aye- (ayes). Motion carried.
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June t7, t997 City of Iowa City Page
iTEM NO. 11.
PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF
COST FOR THE CONSTRUCTION OF THE SCOTT BOULEVARD TRUNK
SEWER PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO
ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE
TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS.
Comment: This work involves the construction of a trunk sewer from the
southeast interceptor near Saddlebrook subdivision east and north to the
Iowa Interstate Railroad at Scott Boulevard. This project will provide
sanitary sewer service to southeast Iowa City including the Scott Six
Industrial development site and will provide for the removal of the Heinz
lift station and the Village Green lift station. The estimated construction
cost is t~2,759,000. Funding for this project will be provided by Sewer
Revenue Bond proceeds. A sewer tap-on fee will be established after
construction to recover a portion of the project costs.
PUBLIC HEARING
Action:
ITEM NO. 12.
CONSIDER A RESOLUTION APPROVING
PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF
COSTS FOR CONSTRUCTION OF THE SOUTHGATE AVENUE AND
STEVENS DRIVE STORM SEWER IMPROVEMENTS PROJECT,
ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH
BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS,
AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS.
Comment: This project consists of installing approximately 600 lineal
feet of 48-inch diameter RCP storm sewer pipe, 485 lineal feet of 36-inch
diameter RCP storm sewer pipe and other incidental construction work.
The total estimated cost of this work is $201,000. Funding will be
provided by General Obligation Bonds.
ao
PUBLIC HEARING
Action:
CONSIDER A RESOLUTION APPROVING
Action=
#12 page 1
ITEM NO. 12 PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE
OF COSTS FOR CONSTRUCTION OF THE SOUTHGATE AVENUE AND
STEVENS DRIVE STORM SEWER IMPROVEMENTS PROJECT, ESTABLISHING
AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY
CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND
PLACE FOR RECEIPT OF BIDS.
Nov/Item 12 is two parts again, a p.h. followed by a resolution.
The p.h. is open.
Moyer/Madam Mayor, council persons, I apologize. I'm here. My name is Mark (can't
hear). I'm a resident at 1143 Briar up in Pepper, off of Pepper Drive. We were the
ninth house in the subdivision up there. My concern is lack of information.
There's been a considerable project going on regarding storm sewer, storm water
run-offthat affects me greatly. Karen, you may remember 1993, 1994. I had some
conversations with you. I thank you for your help. That's why I'm here, my lack
of information. It seems that they're considering a major project to relieve some
of the water problems that we as homeowners have in our neighborhood. I need to
set this up a little bit for you foilcs. I'm the second highest house in the
neighborhood. From my sidewalk slab of my driveway, six feet above the slab of
my basement, I have a 8 foot, 3 inch drop. Quite a site level. We didn't have an
engineer. We had a site level. When we get good rains, I have three tiles into my
sump pit. My bottom tile runs completely full, four inch tile completely full. I
have no way of estimating the volume of water, but it doesn't take a rocket
scientist to see that I'm in trouble. Particularly along with these associated storms
are power outages. The power goes down, my sump pump dies, I'm flooded. Back
in the flood, I won't get into that, I pumped the water out of my house. It settles
onto my sidewalks. The sidewalk cracks. I then get hit with sidewalk liens. No
problem. I'll take care of my responsibility. I'll take care of my sidewalk and
we'll repair that. Cards have come out asking for input from the neighborhood
regarding this project. I got this all second hand. I've never received notification
in the mail. (can't hear) went to one side of the street. The side that has this
construction going down their backyard. I understand their concern. I understand
their concerns of moving their fences and having to move their houses by their
trees. They are out buildings. But have been flooded eight times. I have incurred
the damage to the walls, the carpet, blah, blab, blah. We have all been their. I am
just concerned that I haven't been notified. I will be honest. I apologize for my
appearance. I thought I was going to meet at the Keokuk Neighborhood Center
this evening for a neighborhood discussion. But I could just ask you, why wasn't I
notified? I am a part of the neighborhood. I have looked at this project with the
information that I got from the neighbors across the street. This place has been
designed to drain water. I can live with that. But as we come up across the top of
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Pepper there is from my house, they is not another storm drain to pick up this run
away water coming down the road all the way to the top of Pepper Drive. If you
take a little walk in the neighborhood, every house has a storm drain, the longest
distance being five houses. I got one on Pepper. Water doesn't turn the corner. It
tums the corner, it doesn't go down the storm drain on Pepper. There is basically
an idle storm drain. It serves a function of two houses. Upper Briar, there is the
main that comes around the top of Butler Briar. Once again the water doesn't
drain offof upper Pepper Drive. Turn that corner onto Briar to come to the nice
big main to go down there, as I lovingly call the Iowa City stormwater
mismanagement area. I accept the fact that we have that water. That that is how
this has been designed. I am a little concerned that I haven't been given the
information I find. My neighbor comes to me with a card because people in the
neighborhood are squeaking. They don't want their yards torn up. They don't
want to have to deal with replanting, re-treeing. I will tell you, one letter, I don't
lmow where it originated, whether it was my neighborhood association or where,
but it was almost aggressive and like are you aware these trees are going to be
yanked out and that the city will commit themselves to relaying sod. Okay and
they will replace your trees with three foot trees but it is your problem if you
don't water them and they don't grow. I mean this was almost like a put the
screws to them.
Norton/Was that the one on orange paper?
Moyer/Yes, sir.
Norton/Okay. You lmow, we don't lmow. It wasn't the city's.
Moyer/That is why I aclmowledge that. I didn't anticipate that the city would firo off a
letter like that, But again, I felt like the screws were being put to thest p~ople to
decide no. Well this affects me greatly. This affects me greatly. I have been
flooded eight times. I have replaced carpet, replaced drywall at my expense.
Norton/You want the project to go forward?
Moyer/Darn right I want the project, sir. I believe that these people will-
Atldns/Sir, can I interrupt you for a second?
Nov/Have you spoken to the engineer?
CHANGE TAPE TO REEL 97-98 SIDE 1
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Atkins/Stevens Drive and I am sure you are referring to the Sandusky project. That is not
this project.
Fosse/Right.
Atkins/That is why you don't lmow.
Fosse/There were three projects put together. We pulled the Sandusky job out of this,
mostly in response to some feedback we are getting from the neighborhoods. So
let me talk about that for just a moment.
Norton/The Sandusky one.
Fosse/The Sandusky project.
Atkins/Can I suggest something? This is a hearing on Southgate and Stevens. You ought
to get your commentary on that before you move on. So we understand, the
people who want to comment on Southgate/Sandusky- Then we can deal with the-
You are fine with that. I just want to make sure that everybody-
Norton/Hang in there.
Thomberry/Stick around.
Nov/Stay, we are going to get to you.
Norton/We will get to the Sandusky.
Nov/Okay, now just sit down in the front row and we will get to yotuc problem. Is there
anyone else who would like to talk about Southgate Avenue and Stevens Drive?
Okay. We are going to close the p.h. on this issue and we are going to vote for the
resolution and then we are going to get to the next one. P.h. is now closed.
Atkins/Before you vote, just so we make sure there is no misunderstanding. Have Rick
come back to the microphone. This project had involved Southgate/Stevens and
Sandusky. Sandusky was pulled out when you received a number of objections on
many of the issues that this gentleman is describing that some folks in the
neighborhood don't want it, other folks thi~k it is very important. That is kind of
where we are with this thing. So I think you need to explain we pulled Sandusky
out for those reasons.
Fosse/Yes.
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Atkins/Okay now, can the council proceed to move on this resolution and then you can
explain the Sandusky project as a separately standing project? Are we okay?
Rick/Yes.
Nov/Moved by Kubby, seconded by Lehman. This is a project that involves nothing on
Sandusky.
Norton/Year, which is of course Mark's problem.
Nov/Mark's problem but it is not in this resolution.
Kubby/It is coming.
Nov/Now, any other discussion of this Southgate/Stevens Drive area? Roll call~ (yes).
We have approved the resolution.
Atkins/Now Rick can explain.
Kubby/What is the time frame for the Sandusky and the process?
Fosse/
The Sandusky project will probably be constructed next year if that is the
neighborhood's desire to actually the build project out there. Some background on
the process. We received a number of complaints over the years about the
stormwater management basin out there not performing to their satisfaction. So
we put together a pre-design meeting to pin down just what are the problems. We
invited people in and we got the maps out and laid it out on the table so people
could pinpoint what was going on. We went back and started a design based on
that. We came back and we have a second pre-design meeting and that one was
advertised in the neighborhood newsletter. So that went to everybody. There
wasn't much attendance at that one. Again-
Norton/Was that a meeting or an open house?
Fosse/
That was a meeting. And then we- Based on the information on the two pre-design
meetings and the letters that we received, we developed a design for the project
and in the tail end of the design process we started to get some feedback from
some of the neighbors that we hadn't heard from before and incidentally, at the
pre-design meetings there was a lot of enthusiasm to do this work. But we began
to see a different side of it late in the process and that is when we decided that we
should have an open house so we could put the design out on the table, invite
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people in and take a look at it and see how it impacts their property and then get
some feedback and that is what the postcard is all about. Come to the open house,
look at the project, let us know what you think.
Kubby/When is that?
Fosse/It was last week.
Nov/And this is the one that Mr. Moyer did not receive a postcard?
Moyer/(In the audience) I haven't received a neighborhood association letter or any
correspondence regarding this project at all. Likewise I can say that neighbors-
Atkins/Sir, can you use the microphone. We record it.
Moyer/I need to say that I have received no mailings regarding this. I can speak for
neighbors on each side of me. No one on our side of the street received any
information regarding this process at all because believe me, I would have been at
the open house.
Thornberry/So you didn't get notified by the neighborhood association either, right?
Moyer/That is correct. I did receive neighborhood association letters for about four times
and I don't know-
Thomberry/Maybe you haven't paid your dues.
Council/(All talking).
Fosse/The letters that went out to folks were those that were directly abutting the
proposed work. So he would not have received it. Another key issue is that this
project evolved from feedback that we got from the property owners and if Mark
is experiencing problems with flooding, we need to lmow about it. Drop us a letter
so that we can begin to address them because-
Atkins/Can we help Mark so he can understand, so the council can understand just how
we are proceeding? IfI recall and I received phone calls from those folks.
Following the '93 flood, we had a number of, I think probably members of
council may recall, we had some rather enthusiastic people out there saying how
quicldy are you going to get this fixed. And Rick began the process of assembly a
project. Council lmows and sometimes the public isn't aware, it talces some time
to put one of these together. We had reached the point where you had the project,
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for all practical purposes, laid out and sort of ready to go, began the pre-design
meetings, had your open house. Help me out Rick. Some of the very folks that
were enthusiastic in support of it have now said uh, uh, I don't like it any more
and I am sure that has a bearing upon Mark's enthusiasm for the project. Do we
need to go back to that neighborhood and have some sort of a meeting to discuss
this one final time so the council is fully aware of sort of what the position is of
the neighbors?
Fosse/
That may be the next step. What we did in conjunction with the open house was
we sent letters out, again, to those abutting the project so that they could give us
feedback. Yes, we are interested or no, we are not or just open it up for comments.
I hope that will help tell the tale but it may be necessary to have another meeting.
Atldns/I think Mark needs to see a copy of the plan at the very least so he can take a
look. Have you seen the plans?
Kubby/Mmic, is it possible between 8:00 and 5:00 to get a half hour away to talk with
Rick during normal business hours so you could see the plan and be able to talk
with him.
Atkins/I think he certainly needs to be briefed on the project and I think that it appears
that we are going to be bringing you a project recormnendation because I think
Rick still feels that that storm drainage is necessary but it may in the face of some
significant opposition. So just to kind of prepare yourselves for that. There are
those supporting of it but there are those that are going to be opposed to it.
Nov/Okay.
Norton/Pardon me-
Nov/Go ahead, Dean.
Thornberry/How many trees, Rick, are we talking about tearing out by the roots that they
are going to have to be replacing? I can see where the cards were sent to the
abutting property owners because their land is the one that is going to be affected.
Is that correct?
Fosse/(Yes).
Thornberry/I mean that is why they were sent the letter, perhaps not the rest of the
people. But how many trees? We are not talking a forest here, right?
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Fosse/There are quite a number of trees and other landscaping features. Some of the trees
are in the stormwater easement itself. Other trees are in the stormwater easement
which is not clear on its restrictions. But what we are proposing to do is replace
with nursery stock.
Thomberry/Are these trees on their property that you would be going through?
Fosse/Yes.
Nov/But there is some easement there already?
Norton/I would like to comment just briefly on this whole issue because I went out to
that. I talked to several neighbors before I went to that open house and one of the
difficulties of an open house, as I think I expressed to you, is that different people
were hearing different things. Each person didn't hear the whole story from either
the neighbors or from the staff. So it seemed to me a meeting where somebody
lays something out and everybody stands up and everybody hears what is being
said because here again we get the upstream-downstream arguments. The
easement is 25 feet in some places, it is 100 feet, it is close to some people's
house. The big trees are going, the little trees are going. The re are mixed
understandings of whether trees can be stored, set aside. I mean then there are
sanitary sewer problems yet on top of this. Then there are cross connections
between the storm and sanitary that people are alluding to in that area. So one of
the things that really worries me is the history. How did it get put in this way? It
gives me a lot of concern because now we are trying to bail this situation out. It is
not going to be happy for anybody. But we certainly need to get this thing done
more patiently which means it is going to be deferred. Is that what you are saying,
Rick, for a year?
Fosse/
Yes, it is already been deferred. Just very briefly about how it got this way.
Looking back, that was I think the first stormwater management basin in Iowa
City and it was designed with input from the consultant that developed the
Stormwater Management Ordinance. Since that time our basin construction
practices have evolved to be more compatible with yards then what that is out
there. So that is an exception.
Atkins/Does it make sense to, sooner than later in the near term, to contact the
neighborhood association, call the meeting, do what Dee is suggesting. So at the
very least you can step them through. I know we are not going to build it
immediately. Just kind of walk through so we know very clearly whose going to
be objecting to the thing. Whether we can resolve those issues. At the same time, I
think we need to expand the notification. If Mark has difficulty, I suspect we are
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going to find other property owners that while you may not see the project, it
certainly has a tremendous affect, I assume benefit to you if we can get that water
to run off and take care of your particular property. I think you are going to find
yourself balancing that issue.
Norton/You are not going to please everybody.
Atkins/No, you are not going to please everybody. I think, at the very least, if you can
arrange to see that Mark gets copies of drawings and other information
immediately so he can have a better feel for the project. And I would encourage
you to proceed with calling some sor~ of a meeting.
Fosse/Okay.
Nov/One more question. Is there any short term solution of reconstructing just the
stormwater basin? Would that be of any help? Maker it deeper, whatever?
Fosse/
We did what we could in '93. We worked with Mace Braverman and went in and
made some cuts in a downstream basin to relieve some of the tailwater that slows
the passage through the system. And I've got to say that Mace is very good to
work with on that. He came back and stood behind a product he built ten years
before that, and helped us financially with that work, so that was a good thing.
Nov/Do you think we've done as much as we can in terms of the basin itself?.
Fosse/Yes.
Nov/Okay. Let's hope we can get this done.
Moyer/Yeah. Again I think what provoked me to come here this evening was that I
received no information and I understand the concerns of the people who live in
that basin. When I allude to the orange letter, I mean it was threatening. When
somebody says that there's a 48 inch easement on each side of the current drain
then that that's an 18 inch pipe and that they're proposing putting in a 36 or 48
inch pipe and they made reference to another 25 feet on each side, well I have one
neighbor down there who that put it within three inches of his back door. Okay
the easement for the construction. I understand why these people have concerns.
It's just that nobody up the hill on the other side of the streets and up the hill have
been involved in the decision making process here. We haven't, I haven't been
informed that these discussions were going on. Obviously I'm here because of my
misinformation, my inability to get correct dates, to be involved in the
neighborhood decisions and I guess that's what I'm asking, that maybe you folks
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need to enlighten the whole neighborhood to what's going on with the project. I
want the project to go through. I really do.
Nov/We will do that. Our engineer heard us say have a neighborhood meeting.
Moyer/I appreciate you folks listening to me.
Thomberry/I hope you're invited to the neighborhood meeting.
Thornberry/I will join you when and where. I would like to know also.
Nov/I think we'll talk to Marsha Klingaman and I'm sure she'll recommend it.
Norton/David Dawes and Marcia were there that night and they know that this is in the
working. They'll make sure.
Moyer/Right. Thank you kindly.
Kubby/This is problem that's consistently certain parts of the neighborhood are not
getting mailings. We just need to double check that that's not happening and if it
is happening to rectify it. It's easy.
Atkins/One, I'm most positive it's not deliberate and I think they simply draw a
boundaries figuring this is the logical area and it occurs often word of mouth had
failed us in this case. We certainly know who Mark is now. There won't be any
trouble keeping him informed.
Kubby/You'll be getting so much mail you won't want it.
Thornberry/Read it all.
Kubby/Thanks for coming down.
Dilkes/I had a little involvement in this. I think, in this case too, the presumption was
that the project needed to be done and go forward. So- Then we got these
complaints from the people who were going to be directly affected. So it made
sense at that point to be contacting those people. I think that makes some sense.
Nov/Somewhere along the line we need to redefine directly affected because this project
affects more than the people on whose property this storm sewer is being laid. But
those were the ones who were complaining about the project.
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Nov/I lmow.
Kubby/Okay.
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June 17, t997 City of Iowa City Page
ITEM NO. 13.
PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF
COST FOR THE CONSTRUCTION OF THE SHERIDAN AVENUE
SANITARY SEWER BYPASS PROJECT, ESTABLISHING AMOUNT OF BID
SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO
PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR
RECEIPT OF BIDS.
Comment: This project consists of construction of a sanitary sewer along
Sheridan Avenue from Oakland Avenue to the trunk sewer on Rundell
Street. This new sewer will bypass one third of the sewage flows around
the Longfellow neighborhood to control sewer surcharging. The
estimated construction cost is t~170,000 and will be funded by Sewer
Revenue Bonds.
PUBLIC HEARING
Action: ~
ITEM NO. 14.
CONSIDER A RESOLUTION APPROVING
PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF
COST FOR CONSTRUCTION OF THE BROOKSIDE DRIVE BRIDGE
RECONSTRUCTION PROJECT (PROJECT NO. BRM-3715(5)--8N-52).
This project involves the reconstruction of the Brookside Drive Bridge,
which spans the south branch of Ralston Creek. The estimated
construction cost is 9158,000.00. The project will be funded by Road
Use Taxes and an 80% construction cost reimbursement from Federal-Aid
Highway Bridge Replacement and Rehabilitation Program funding. This
project was advertised and bid by the Iowa Department of Transportation.
PUBLIC HEARING
Action:
#13 page 1
ITEM NO. 13 PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE
OF COST FOR THE CONSTRUCTION OF THE SHERIDAN AVENUE SANITARY
SEWER BYPASS PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO
ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO
BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS.
b. CONSIDER A RESOLUTION APPROVING
Nov/Moved by Lehman, seconded by Vanderhoef, that we approve this resolution. Any
discussion?
Norton/Will we always be working on sewers in Longfellow and Rundell? I am telling
you, they have been there for 35 years trying to get Rundell Street straightened
out or Longfellow or that general vicinity.
Fosse/It has been a problem in that area. I thirdc this one-
Norton/Will this do some of it?
Fosse/I won't swear on a stack of Bibles that nobody will have trouble after this project.
Norton/We ought to leave out backhoes down there.
Fosse/We are also doing some curb repair in that neighborhood this summer as well.
Nov/Okay, this is another one of our 1993 problems that we are-
Kubby/This is like an 1893 problem.
Norton/1893, right. Ever since the street car was in there, right.
Nov/Okay, any other discussion? Roll call- (yes). We have approved this resolution.
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June '17, '1997 City of Iowa City Page '13
ITEM NO. 15.
ITEM NO. 16.
CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING
MAYOR TO SIGN AND CITY CLERK TO ATTEST A CONTRACT FOR
CONSTRUCTION OF THE BROOKSIDE DRIVE BRIDGE RECONSTRUCTION
PROJECT. [PROJECT NO. BRM-3715(5)--8N-52]
Comment: The bid opening for the Brookside Drive Bridge Reconstruction
Project was held May 2 by the Iowa Department of Transportation in
Ames, Iowa.
Iowa Bridge and Culvert, Inc.
Herberger Construction Co.
Schmidt Construction Co.
Taylor Construction Co.
Engineer's Estimate
9183,129.90
9207,892.40
9210,060.45
9239,229.70
9158,000.00
Public Works and Engineering recommend award of the contract to Iowa
Bridge & Culvert, Inc. of Washington, Iowa. Construction is anticipated
to begin June 18, with completion in approximately four months.
Consideration was deferred from June 3.
Action:
CONSIDER AN ORDINANCE AMENDING CITY CODE TITLE 4, ENTITLED
"ALCOHOLIC BEVERAGES," CHAPTER 1, ENTITLED "DEFINITIONS,"
SECTION 1, ENTITLED "DEFINITIONS"; TITLE 10, ENTITLED "USE OF
PUBLIC WAYS AND PROPERTY," CHAPTER 3, ENTITLED
"COMMERCIAL USE OF SIDEWALKS," SECTION l, .ENTITLED
"DEFINITIONS"; AND TITLE 4, ENTITLED "ALCOHOLIC BEVERAGES,"
CHAPTER 2, ENTITLED "LIQUOR LICENSES AND BEER PERMITS,"
SECTION 2, ENTITLED "PREMISES REQUIREMENTS." (FIRST
CONSIDERATION)
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 kitch'~n 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 the definition of "restaurant" in both sections is consistent.
#16 page 1
ITEM NO. 16 CONSIDER AN ORDINANCE AMENDING CITY CODE TITLE 4,
ENTITLED "ALCOHOLIC BEVERAGES," CHAPTER 1, ENTITLED
"DEFINITIONS," SECTION 1, ENTITLED "DEFINITIONS"; TITLE 10, ENTITLED
"USE OF PUBLIC WAYS AND PROPERTY," 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, ENTITLED "PREMISES
REQUIREMENTS." (FIRST CONSIDERATION)
Nov/(Added to comment) To avoid further confusion and clarify language for licensing
purposes, a special formal meeting has been scheduled for 1:00 PM tomorrow
prior to the work session for further consideration of this ordinance and staff
requests expedited action.
Thornberry/At that time, right?
Nov/At that time, right. Moved by Kubby, seconded by Lehman. Discussion. Roll call-
(yes).
Kubby/Although this is highly unusual. I don't lmow ifI have ever experienced an
ordinance going through this fast where we have first consideration one day and
the next day planning to collapse and doing pass and adopt and I would normally
feel very uncomfortable with the compressed time frame but because of what we
are doing is clarifying language and intent, I am okay with it.
Nov/We are clarifying language and intent. Hopefully we are going to make life simpler
for some.
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June t7, 1997 City of Iowa City Page 14
ITEM NO. 17.
ITEM NO. 18.
ITEM NO. 19.
CONSIDER AN ORDINANCE AMENDING TITLE 14, CHAPTER 1, ARTICLE
A, ENTITLED "STREETS, SIDEWALKS AND PUBLIC WAY GENERALLY"
TO DELETE THE REQUIREMENT FOR AN APPLICANT TO POST A
STREET CLEANUP ESCROW PRIOR TO THE ISSUANCE OF EACH
BUILDING PERMIT. (FIRST CONSIDERATION)
Comment: During the discussion of building code items with
representatives of the Home Builders Association of Iowa City at the
informal meeting of April 21, City Council directed staff to repeal this
provision on a trial basis. Contractors or property owners will still be
responsible for removal of any debris deposited on the public right-of-
way; however, a cash escrow deposit will no longer be required as a
performance guarantee.
CONSIDER AN ORDINANCE REGARDING CONTROL OF GRAFFITI AND
REQUIRING REMOVAL OF GRAFFITI VANDALISM FROM PRIVATE
PROPERTY. (FIRST CONSIDERATION)
Comment: This ordinance declares graffiti vandalism to be a public
nuisance and authorizes the City, after having given sufficient notice to a
property owners, to abate graffiti vandalism and chart the cost back to
the property owner.
Action:
CONSIDER AN ORDINANCE AMENDING TITLE 3, "CITY
FINANCES, TAXATION AND FEES, CHAPTER 4, "SCHEDULE OF FEES,
RATES, CHARGES, BONDS, FINES AND PENALTIES," OF THE CITY
CODE, TO ESTABLISH THE HOURLY PARKING RATE FOR THE LINN
STREET LOT AT $.50/HOUR FOR THE FIRST THREE HOURS AND
$5.00/HOUR FOR THE FOURTH AND ALL ADDITIONAL HOURS.
(SECOND CONSIDERATION)
Comment: This action comes as a result of the Council approval of the
reconfiguration for the Linn Street Parking Lot (Parcel 64-1a) from long-
term permit to short-term hourly parking as presented at the May 19
Council Work Session. This action will establish the parking fees for the
lot at t~.50/hour for the first three hours. The fourth hour and additional
hours will be charged at the rate of $5.00/hour. After 5:00 p.m., parkers
are charged t~.50/hour. As a cashiered lot, Park & Shop stamps could be
used to offset shoppers' charges beginning with the last hour(s) of
parking to prevent shoppers, who stay over three hours, from
penalized. Staff requests expedited consideration of this item.
Action: ~~./~~.R-~2 DJ ~C_~. ~~/
being
#17 page 1
ITEM NO. 17 CONSIDER AN ORDINANCE AMENDING TITLE 14, CHAPTER 1,
ARTICLE A, ENTITLED "STREETS, SIDEWALKS AND PUBLIC WAY
GENERALLY" TO DELETE THE REQUIREMENT FOR AN APPLICANT TO POST
A STREET CLEANUP ESCROW PRIOR TO THE ISSUANCE OF EACH BUILDING
PERMIT. (FIRST CONSIDERATION)
Nov/Moved by Thornberry, seconded by Norton. Discussion.
Kubby/What is the period of this trial? I thought we had said six months or something.
Nov/I thought it was a one construction season kind of thing.
Kubby/Right which would be next fall or something.
Atkins/I don't recall the ordinance speaking to that.
Dilkes/The ordinance doesn't speak to it. I think it would be-
Kubby/In the whereas section it does say that the city council agrees to a trial period. But
in the other section of the actual ordinance language it does not speak of that.
Norton/We should probably have-
Atkins/If you want to informally direct me, I will bring it back to you this time next year.
Nov/I think we can just amend it to say one year and then bring it back at that time.
Dilkes/Well, that is really enacting a new ordinance. I don't know if you can sort of
delete an ordinance on a trial period and it springs up again in a year without
enacting a new ordinance.
Norton/Let's just pass the ordinance and ask Steve to bring it to our attention next year
and consider whether we want to amend it.
Dilkes/That would be my preference.
Kubby/Well, why is this any different than the sidewalk care ordinance or the portable
sign ordinance that we just put a sunset clause in and that maybe the date needs to
be at the end of the construction season so that if we choose not to renew it-
Maybe that means 18 months or something.
Nov/Or maybe it means six months.
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Kubby/Either way. I think we need to give it a chance to work.
Dilkes/It seems to me to be a different situation. It is a sunset clause on an existing
ordinance. It is not a repeal of an ordinance and then saying a year later it comes
back without following the ordinance requirements. That seems like a different
situation.
Thornberry/I think if we gave it this building season and next building season, if things
work out okay, we can-
Nov/Well, all right, let's leave it indefinite. If it really isn't working, if we hear a lot of
complaints from the public about dirty streets, we can reenact it next month.
Thornberry/Well, there have been dirty streets in the past. It is not that they are not- This
isn't going to keep the streets clean. It is going to- They are going to be doing the
same thing that they have been doing before just without posting a bond.
Kubby/That is what the trial is about to see if that indeed happens.
Norton/Make sure they are as vigorous then as they are now. It may not be perfect.
Nov/We still do depend on phone calls from our general public to address these kinds of
things.
Thornberry/Right and all we have to do is contact, like we have done in the past, contact
the contractor and give them the opportunity to clean it up. If some of the workers
were left on the job to clean up didn't do the job properly, they need to be notified
and if the neighbors don't contact the contractor but contact the city, I don't think
that the city should automatically send out crews to clean it up. They should
contact the contractor.
Kubby/That is not our process.
Thornberry/So, you know, give the contractor a chance of cleaning up like they have
been in the past.
Vanderhoef/Well, this is definitely something that is an offer to the contracting
community that we lmow they are responsible people and can do this and they
saw the money as a barrier which I do, too, in that it costs them money to post that
bond and not have that money working for them. So this is something that is
important to all of us. So I think we can make it work.
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Norton/We are trying to find a lot of places like this where-
Kubby/We usually when we talk about these kinds of regulatory barriers and we ask for
specifics, we don't get much of an answer. But we have recently gotten a few
specific things and this is something that we can experiment with. On things like
this I am always asking who is taking the risk here and who is benefiting and
people are saying this is a barrier to low cost housing. We will see if it has any
affect on the housing market over time. And hopefully the people who take the
risk will also benefit in this case. If not, I have got it on my calendar to bring it
back up if it doesn't get brought back up. So, I am willing to take a chance and see
if this is going to work.
Nov/Okay, everybody who is listening, keep us aware of any streets that aren't cleaned
up. Roll call- (yes). Okay, we have approved first consideration.
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ITEM NO. 18 CONSIDER AN ORDINANCE REGARDING CONTROL OF
GRAFFITI AND REQUIRING REMOVAL OF GRAFFITI VANDALISM FROM
PRIVATE PROPERTY. (FIRST CONSIDERATION)
Nov/Moved by Kubby, seconded by Vanderhoef. Discussion.
Kubby/I am assuming that if someone does not remove graffiti within the appropriate
time frames, the city comes and does it. We charge them for it. That if they can't pay
within that 30 calendar days, that they communicate with our finance department about
making payment? That is our policy?
Atkins/Yes.
Kubby/Okay.
Nov/Any other discussion? Roll call- (yes). Okay, we have approved first consideration.
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ITEM NO. 19 CONSDER AN ORDINANCE AMENDING TITLE 3, "CITY
FINANCES, TAXATION AND FEES, CHAPTER 4, "SCHEDULE OF FEES, RATES,
CHARGES, BONDS, FINES AND PENALTIES," OF THE CITY CODE, TO
ESTABLISH THE HOURLY PARKING RATE FOR THE LINN STREET LOT AT
$.50/HOUR FOR THE FIRST THREE HOURS AND $5.00/HOUR FOR THE FOURTH
AND ALL ADDITIONAL HOURS. (SECOND CONSIDERATION)
Nov/Moved by Kubby, seconded by Norton that we waive second consideration. Is there
any discussion?
Vanderhoef/I was just going to comment. I had one call and I don't know exactly what
was said two weeks ago on this but I had one call that somebody misunderstood
and thought this was going to happen for all of our parking ramps, too. And they
were slightly- We had it straightened out but just be very clear it is for this one
parking lot, 64-1A.
Nov/Right. This is the one that is next to the Holiday Inn and it does not involve the
parIcing ramp next to the Holiday I~m, only this little surface parking lot.
Norton/I trust they also understand the jump to $5.00 after three hours to try to get some
turnover in that area.
Thornberry/It is definitely short term lot.
Nov/Definitely short term. We re making that quite clear.
Kubby/You can do a lot of shopping in three hours.
Thornberry/I£you snooze in the library, you lose.
Nov/Okay. We need roll call- (yes). Moved by Kubby, seconded by Lelunan, that we do
final consideration of this ordinance. Any other discussion?
Thornberry/Karen, have you ever read one of those before? You are so adamant about
not combining?
Kubby/I know but today will be my third time. I don't usually like to waive unless there
is a good reason.
Thornberry/Once every two years.
Nov/Oh well-
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Kubby/John McDonald use to be able to say this without looking.
Nov/He had it down.
Kubby/It was a little different every time but he had it really close.
Norton/I can say the Gettysburg address for heaven's sake.
Nov/Let's not do the Gettysburg address. Roll call- (yes). We have approved this
ordinance.
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June 1 7, t997
ITEM NO. 20.
ITEM NO. 21.
ITEM NO. 22.
City of Iowa City
Page t 5
CONSIDER AN ORDINANCE AMENDING TITLE 8, ENTITLED "POLICE
REGULATIONS," CHAPTER 3, "ENTITLED GENERAL ANIMAL
REGULATIONS," SECTIONS 1, 3, AND 4; AND AMENDING TITLE 8,
ENTITLED "POLICE REGULATIONS," CHAPTER 4, ENTITLED "PET
ANIMAL CONTROL," SECTIONS 1, 2, 3, 4, 5, 6, 8, 9, 11, AND 12 OF
THE CITY CODE TO PROVIDE NEW REGULATIONS REGARDING
ANIMALS. (SECOND CONSIDERATION)
Comment: This ordinance repeals the current list of exotic animals and
sets forth new lists of prohibited and restricted animals; requires pet
shops, animal acts and exhibitions, kennels, breeders, and owners of
restricted animals to comply with certain minimum regulations and obtain
permits; regulates current pigeon and dove lofts; and prevents future
pigeon and dove lofts from being constructed or maintained within the
City. Correspondence included in Council pack. et, ~. ~ ,, ..~ .,~ , ~,.~
., / . ~ /~r-~ ~~ad( /:~
CONSIDER A~I/ORDINANCE CREATING A POLICE CITIZEN'S REVIEW
BOARD TO ASSIST THE CITY IN PROCESSING CITIZEN COMPLAINTS
CONCERNING THE POLICE DEPARTMENT AND ASSURING THE POLICE
DEPARTMENT IS RESPONSIVE TO COMMUNITY NEEDS.
(SECOND CONSIDERATION)
Comment: Public comments were received on April 29 from two
individuals. This ordinance has been placed on both the work session and
formal meeting agenda as a result of Council discussion on May 19.
Action: /~'~C)/,/~~ ~~ ,,~) ~ . ~/{,
CONSIDER A RESOLUTION APPROVING THE DESIGN OF THE IOWA
CITY TRANSIT INTERCHANGE FACILITY.
Comment: At the June 2 work session, the City Council directed staff
and the project consultant to investigate reorienting the Transit
Interchange Facility such that the entrance faces east rather than west.
The project has been reoriented so that the entrance faces east. The
Design Review Committee will review the redesign and make a
recommendation at its June 16 meeting. Consideration was deferred
from June 3.
Action: x~----(~?z~~~.~~
#20 page 1
ITEM NO. 20 CONSIDER AN ORDINANCE AMENDING TITLE 8, ENTITLED
"POLICE REGULATIONS," CHAPTER 3, "ENTITLED GENERAL ANIMAL
REGULATIONS," SECTIONS 1, 3, AND 4; AND AMENDING TITLE 8, ENTITLED
"POLICE REGULATIONS," CHAPTER 4, ENTITLED "PET ANIMAL CONTROL,"
SECTIONS 1, 2, 3, 4, 5, 6, 8, 9, 11, AND 12 OF THE CITY CODE TO PROVIDE NEW
REGULATIONS REGARDING ANIMALS. (SECOND CONSIDERATION)
Nov/Moved by Kubby, seconded by Vanderhoef. Do we need a motion to accept
correspondence? Moved and seconded (Kubby/Norton) that we accept
correspondence. All in favor, please say aye- (ayes). Okay. Is there any further
discussion of the second consideration of this ordinance?
Thornberry/I guess it would be too late to put in an amendment regarding the length of
leashes.
Nov/I think it might be, yes.
Kubby/But there is a- The definition of rodeo and veterinarian and adding the appeal I
think are good improvements. But there is this word "horsemanship" that I would
like to change to "horseridership" or something.
Thornberry/Holly molly.
Kubby/I think horseridership actually reads better than horsepersonship. Small, non-
significant but significant change. We need to find gender neutral terms for-
Lehinan/This is for neutered horses.
Kubby/No it is not. It is for cleaning up our language to help us with our thinldng.
Thornberry/Don't start on the Bible.
Nov/I assume we have no objection to this kind of thing.
Norton/Okay.
Dilkes/I should have noticed that. We are going to need the amendments as set out in
Dennis' memo.
Kubby/I would like to move the new definition of rodeo as stated in the June 13 memo
from Dennis Mitchell, the new definition of veterinarian and the amend section on
appealing to the City Manger if a permit is denied or revoked or suspended.
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Nov/Is there a formal motion there. Okay. Moved and seconded (Kubby/Vanderhoef) to
put in the amendments as presented.
Kubby/And my amendment says horseridership.
Norton/That is a friendly amendment. Editorial, yeah.
Nov/Okay. Any other discussion?
Thornberry/I just think it is just going straight over board on crap. But in my opinion I
could be wrong.
Nov/All in favor, please say aye- (ayes). Opposed same sign- (Thomberry: no).
Karr/I am sorry, was that a 6-17
Nov/That was a 6-1 on the amendment, Thornberry saying no.
Norton/Having trouble with horseridership.
Nov/He doesn't like horseridership. He likes the rest of the amendment. Okay.
Thornberry/That is correct.
Norton/I know this is going to come up in perhaps two items from now but I want to be
sure we are going to discuss the 28E with Coralville? Have they looked at the
same ordinance. Are they dealing with the same ordinance?
/ No, they are waiting to see what we are going to do.
Thomberry/They probably wouldn't have the same amendments.
Norton/They will certainly want horseridership.
Thornberry/Probably want 15 foot leashes.
Kubby/They can do that.
Nov/We are back to the ordinance as amended. We need a roll call-
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#20 page 3
Dilkes/No, we need to back up to first consideration. So we need to have- Because I
think the appeal to the city manager is probably a substantive change.
Nov/Okay. We need to delete the word second consideration and say first consideration
of the ordinance as amended?
Dilkes/You can collapse one and two or you can do first and collapse two and three the
next time.
Kubby/Let's do one and then collapse next time.
Nov/Well, since we already have second consideration on the calendar, should we be
better off to collapse one and two. It sounds like a better way to do it.
Dilkes/Then we will get to the same point.
Council (All talking).
Nov/It appears more logical under these circumstances.
Kubby/I moved that the rule requiring that ordinances must be considered and voted on
for passage at two council meetings prior to the meeting at which it is to be finally
passed to be suspended- Thank God for the comma.
Norton/We are combining one and two aren't we?
Dilkes/All right, hold on a minute.
Karr/You have already got a motion on the floor for second consideration that we need to
withdraw that is Kubby/Vanderhoef.
Kubby/I withdraw my motion.
Karr/Okay.
Nov/Okay. Second consideration has been withdrawn. We are doing first consideration
and second, right? Moved by Kubby, seconded by Vanderhoef, that we waive first
and give this ordinance second consideration as amended. Is there any discussion?
Roll call- (yes). Moved by Kubby, seconded by Vanderhoef, that we give this
second consideration at this time. Any discussion? Roll call- (yes). Okay, we have
approved second consideration. We will do final vote four weeks from now.
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#21 page 1
ITEM NO. 21 CONSIDER AN ORDINANCE CREATING A POLICE CITIZEN'S
REVIEW BOARD TO ASSIST THE CITY IN PROCESSING CITIZEN
COMPLAINTS CONCERNING THE POLICE DEPARTMENT AND ASSURING THE
POLICE DEPARTMENT IS RESPONSIVE TO COMMUNITY NEEDS.
(SECOND CONSIDERATION)
Nov/Okay, now the amendments to the PCRB Ordinance are lengthy. Do you want to
revert back to first consideration on that one as well?
Dilkes/I think they are mostly clarifications, though. They are not particularly
substantive although there are a lot of them. So I think we just need a motion to
amend and stay at second. And I think you could do a motion to amend as set
forth in this memo.
Karr/We need to put it on the floor first.
Nov/Let's put the second consideration on the floor first. Go ahead. Moved by Norton,
seconded by Lehman that we give this second consideration. Now, Karen.
Kubby/I move that we amend the ordinance as outlined in the June 17 memo which has
29 amendments that are clarification and wording changes.
Nov/Editorial amendments, not substantive. Okay.
Thornberry/One change, I think, being a sunset clause.
Karr/No, that was in there the first time.
Dilkes/That was akeady done.
Thornberry/Okay.
Norton/One important feature is though that the names of people are not included in the
report, said conditions when allegations are not sustained.
Thornberry/That is correct.
Norton/I think that is a fairly substantially and important, perhaps not substantive.
Nov/Well, it was the kind of things where names were deleted in one section and not in
another. So it clarifies that names are not released under all circumstances. AT
least most circumstances. We have motion to amend. Did we have a second? Who
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#21 page 2
seconded? Norton? Okay. Moved by Kubby, seconded by Norton, that these
amendments be added to the ordinance. Is there any other discussion? We need all
in favor, say aye on the amendments. (Ayes). All right, the amendments carried.
We now have second consideration of the ordinance as amended. Is there any
other discussion of the ordinance?
Vanderhoef/I will continue to vote no on this on my philosophical discussion that I had
at the previous meeting. That I feel that this should continue to be a responsibility
of the council and not of a separate board.
Nov/Okay, I hope it is understood that this board in terms of modifying police
procedures and practices will recommend to the city council who will then
consider the recommendations and enact changes as they think they should. Okay,
roll call-
Thornberry/And one other point that I want the people to lmow. In the ordinance there is
a sunset clause after one -
Nov/Four years.
Thornberry/After four years, a four year trial period for this ordinance and then it will go
away if it is not renewed at that time.
Kubby/So you will do it for this substantial thing but we won't do a sunset for the
escrow account. It is kind of interesting.
Dilkes/It is really a different concept, technically I think it really is.
Norton/We need to consider that sometime. I just want to reiterate Naomi's point that the
council still has plenty to do with police procedures hearing from our board. It is
doing for us what commissions and other areas do helping us. So they are still
going to have lots of responsibility.
Nov/Second consideration is still not voted. Roll call- (yes; Vanderhoef: no). We have
approved second consideration on a 6-1 vote and Vanderhoef says no.
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#22 page 1
ITEM NO. 22 CONSIDER A RESOLUTION APPROVING THE DESIGN OF THE
IOWA CITY TRANSIT INTERCHANGE FACILITY.
Nov/We would like a motion to defer this once more. Moved by Norton, seconded by
Thornberry, that we defer this to our next meeting, July 15. Any discussion?
Lehman/Yes, the first time we looked at the proposal for this facility, we looked at it and
felt that it should have some changes. It was presented to us again last night with
the changes that we had requested. Now the concept of locating that particular
facility in that are has been that has been around for probably a minimum of 2-3
years, I believe. We told the engineers last night that we wanted to rethink this
after they had done precisely what we had asked them to do. And we have given
them no direction whatsoever as to what we want and I see no reason to defer this
unless we can tell folks what it is we want. We left them with absolutely no
indication whatsoever of why we didn't like it, that we didn't want it. We just said
no. You did what we asked you to do but now we don't like it anymore.
Nov/Well, the comments last night at the work session were should we do something
else other than this, not change this. I don't think that we had any particular ideas
about changing the design of this structure. It was maybe we should not have this
structure right here. Maybe we should do something else and the council said
okay, we can think about whether or not we are going to do this or something
else.
Norton/There were several specific things there. One was this provides restrooms for the
drivers, we were looking at other options for that and then the legalities of that.
We were looking at the question of do we really want to bring people into the
street and back again just to get bus information as distinct from getting that
information along the side of the street. It has been there for a long time but I just
think we kind of rushed into it and we really need to be careful to make sure that
we need this thing out there precisely. And also there were still concerns about
how it looked in any case. But I think the main question is can't we maybe finesse
this project all together and move it somewhere else and reshape it. But maybe we
can.
Nov/That is what we are going to think about. Are we going to-
Baker/Ernie, do you want to move for adoption of the resolution?
Lehman/No, we have a motion on the floor right now.
Baker/Do we?
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#22 page 2
Nov/We have a motion to defer.
Baker/Oh, I am sorry.
Nov/Because we decided yesterday we were going to defer.
Lehman/I guess I would move that if I could.
Thornberry/I just thought that- You know, I don't understand exactly why Design
Review, just because the building was turned 180 degrees, didn't like it after that.
Norton/They never did like the massiveness of it.
Thornberry/I thought they approve it the first time.
Kubby/But with a condition.
Thornberry/And then they approved it.
Norton/There were a lot of conditions the first time.
Thornberry/I think $225,000 is a lot for two permanent pottles as opposed to porta-
potties.
Kubby/Yes but it is more than that.
Thornberry/It doesn't serve any other function other than to have restrooms for the
drivers.
Kubby/No, that was the initiating concept that got expanded on to serve ridership.
Thornberry/Now you can buy tickets there. That is all.
Norton/But you can buy tickets other places. Let's discuss that, the general logic. We
may come right back but there is no rush to do this thing perhaps wrong.
Kubby/I am ready to go forward with this. I didn't have a problem with design. I don't
have a problem with reclaiming the streets for pedestrian oriented services that
end up on the bus. I think we should go head. I don't mind deferring though
because if people- I mean, there aren't four people to do it. So people need to
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#22 page 3
think about it and need more information and I think we should respect other
council members and do it.
Baker/There are three willing to go ahead, aren't there?
Kubby/Yes. You need four to make it happen or not happen.
Baker/I thought it was unanimous. But it is more split than that.
Council/(All talking).
Norton/We are being careful. There were pretty strong objections to that thing last night.
Thornberry/Well, Larry wasn't here so I guess it was- Yeah, that is right. It couldn't have
been 4, 4 and 3 against it because you were gone. It was-
Norton/What was it?
Nov/We have at least four people saying let's delay this-
CHANGE TAPE TO REEL 97-98 SIDE 2
Nov/Okay, we haven't voted, right?
Thornberry/There has been a motion.
Nov/There is a motion to defer. Is there any further discussion? All in favor, please say
aye- (ayes). Opposed stone sign- (ayes). Okay, it sounds like about 5-2.
Norton/Voice vote, you don't need a count.
Nov/We don't need a count but I want to be sure that we all heard this motion being
carried.
Norton/All you need to hear is the majority.
Nov/I hear a majority but my hearing is sometimes not as good as Marian's and
sometimes I ask for confirmation. Okay.
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June 17, 1997
ITEM NO. 23.
City of Iowa City Page ~6
CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING
MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE
CONSTRUCTION OF THE WILLOW STREET RECONSTRUCTION
PROJECT.
Comment: The bid opening for this project was held June 10. The
following bids were received:
Metro Pavers, Inc.
L.L. Pelling Co.
Streb Construction Co., Inc.
9388,163.50
9406,911.50
9429,801.33
Engineer's Estimate
9452,065.00
~7~ 2/(>
ITEM NO. 24.
Public Works and Engineering recommend award of the contract to Metro
Pavers, Inc. of Iowa City, Iowa. This project will be funded by Road Use
Taxes.
Action:
CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE 1997
ASPHALT RESURFACING PROJECT AND APPROVING THE
SUPPLEMENTAL CONTRACT .OR REMAiNiNG WORK ON T.E PROJECT.
Comme'~tL : This resolution accepts the work on tee 1997 Asphalt
~0[,~0~Resurfacing~P~ect and recognizes that the remaining resurfacing work
on Market Street'~nton Street and on Dodge Street Court would best
be completed in late sum----'m~97 to allow the completion of water main
work by City of Iowa City crews.~pplemental contract covering this
remaining work has been p.rep~a_re_..d_a_n__d,!s'~, 'neLg.~presented for approval. In
addition, please see the Engineer s Repor't'~-~mmending project
acceptance.
Action:
#23 page 1
ITEM NO. 23 CONSIDER A RESOLUTION AWARDING CONTRACT AND
AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT
FOR THE CONSTRUCTION OF THE WILLOW STREET RECONSTRUCTION
PROJECT.
Nov/Moved by Norton, seconded by Lehman. Discussion.
Thornberry/I am glad you commented then because we sure let them know when it is the
other way.
Atkins/Before you vote, Rick did something a little different on this project. I think I
would like to have him-
Fosse/Tlfis is a local street so we thought we would experiment with something new on it
and we bid an alternate between asphalt and concrete to increase the competition
out there and we came up with what we believe to be equivalent designs and I
think it did help to get good prices on it.
Kubby/Also the concrete bid came in lower than the asphalt bid.
Fosse/Yes, it did.
Kubby/Bizarre. Interesting. Successful experiment I think.
Thornberry/They had been pretty close and the concrete has been coming down and the
asphalt has been going up and that is why I have got a concrete driveway than
blacktop because they were so close.
Atkins/Thank you.
Nov/Okay, so what we are getting here is a concrete construction for the low bid. Very
nice. Anything else? Roll call- (yes). We had 601 vote, Vanderhoef~
Council/(All talking).
Nov/Okay, moving on.
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ITEM NO. 24
CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE '1997
ASPHALT RESURFAClNG PROJECT AND APPROVING THE
SUPPLEMENTAL CONTRACT FOR REMAINING WORK ON THE
PROJECT.
COMMENT: This resolution accepts the work on the 1997 Asphalt
Resurfacing Project and recognizes that the remaining resurfacing work on
Market Street from Gilbert Street to Dubuque Street and on Dodge Street
Court would best be completed in late summer 1997 to allow the completion
of water main work by City of Iowa City crews. A supplemental contract
covering this remaining work has been prepared and is being presented for
approval. In addition, please see the Engineer's Report recommending
project acceptance.
June 17, 1997
ITEM NO. 25.
ITEM NO. 26.
ITEM NO. 27.
City of Iowa City
Page t 7
CONSIDER A RESOLUTION APPROVING A CHAPTER 28E AGREEMENT
BETWEEN THE CITY OF CORALVILLE, THE CITY OF IOWA CITY AND
JOHNSON COUNTY REGARDING PRESERVATION OF THE CORRIDOR
FOR THE EXTENSION OF OAKDALE BOULEVARD BETWEEN FIRST
AVENUE CORALVILLE AND COUNTY ROAD W66.
Comment: The resolution approves the 28E Agreement between the City
of Coralville, the City of Iowa City and Johnson County for the
preservation of the Oakdale Boulevard corridor between First Avenue
Coralville and County Road W66. A preferred alignment has been
identified based on evaluation of social, environmental, and engineering
factors. This agreement does not obligate any of the participating entities
to construct any portion of the Oakdale Boulevard corridor.
CONSIDER A RESOLUTION AUTHORIZING
THE EXECUTION OF A
CHAPTER 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND
THE CITY OF CORALVILLE FOR THE DEVELOPMENT, USE,
OCCUPANCY, MANAGEMENT AND OPERATION OF A JOINT ANIMAL
CONTROL FACILITY.
Comment: The resolution amends the original 28E that was approved in
1987. A change to the 28E is needed in order to include shared revenues
that were Specifically excluded in the old agreement. Other changes
were made to ease the administrative requirements for budget estimating.
This document has been reviewed by the City of Coralville staff and will
be approved at an upcoming Coralville City Council meeting.
Action:
CONSIDER A RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE
CITY OF IOWA CITY AND THE POLICE LABOR RELATIONS
ORGANIZATION OF IOWA CITY TO BE EFFECTIVE JULY 1, 1997,
THROUGH JUNE 30, 2000.
Comment: This is a three-year agreement with across-the-board wage
increases of three percent each year. It also includes an increase in on-
call pay for investigators, an increase in watch differential pay for all
second- and third-watch officers, and a number of language modifications
relating to the administration of this agreement.
is included in Council packet.
Action:
A copy of the agreement
#25 page 1
ITEM NO. 25 CONSIDER A RESOLUTION APPROVING A CHAPTER 28E
AGREEMENT BETWEEN THE CITY OF CORALVILLE, THE CITY OF IOWA
CITY AND JOHNSON COUNTY REGARDING PRESERVATION OF THE
CORRIDOR FOR THE EXTENSION OF OAIrd~)ALE BOULEVARD BETWEEN
FIRST AVENUE CORALVILLE AND COUNTY ROAD W66.
Nov/Moved by Lehman, seconded by Norton. Discussion.
Kubby/I voted against this at JCCOG level for the Arterial Street Plan because I am not
sure that I agree within the next 20 years that we need to have a road that goes all
the way through. But the majority has said they think in the next 20 years we will.
That this does not obligate us to build and I agree that if it is going to be built, the
option that we chose, I think, has the least impact on the land and so I will vote on
preserving the corridor.
Vanderhoef/I also voted against this at JCCOG and I approve long range planning and
preserving our corridor. I wasn't convinced that this was the best corridor to use
to serve the entire area of our transportation plan. It is a very expensive route and
not the least expensive route. So I will be voting no, against it.
Thornberry/I also voted against this at JCCOG, partial ditto. I agree both with Karen and
with Dee. Dee will be voting against it. Karen will be voting for it. I will contim, e
to walk the fence. I will vote for this project because I think it is the least
objectionable and it will at least give other entities a chance of doing their thing in
Coralville. Without it I guess they don't get their federal funding or something.
Karin, is that about right.? Okay.
Kubby/So Dean, you and I can vote no when the specific road comes before us if we
want to.
Thornberry/That is correct.
Nov/We are not approving construction. It is just approving keeping the corridor open
and not allowing construction of houses on this property.
Thornberry/That is right and also keeping the funds available for our neighbors to the
west.
Norton/Well, it seemed likely that some kind of road is going to need a parallel 80 in that
general region and if it goes further up the hill, you got a big mess. So-
Thomberry/I think that if they widen 1-80 which I understand they may do.
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Norton/That will certainly slow down the need for this. There is no doubt about that. I
tell you, in the long run, it will ultimately have to come and I wouldn't want to
see it f~rther up the hill or have something built there that precludes the road
where it ought to be. So, I am for it here and at JCCOG.
Nov/Okay. Any other discussion.
Baker/I wasn't at the JCCOG meeting. So I don't lmow what the hell you all are talking
about. But I will vote for this anyway.
Norton/You are now a member of it, you lmow.
Nov/At the time he wasn't. So- Roll call- (yes; Vanderhoef-no). We have a 6-1 vote,
Vanderhoef voted no.
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#26 page 1
ITEM NO. 26 CONSIDER A RESOLUTION AUTHORIZING THE EXECUTION OF
A CHAPTER 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE
CITY OF CORALVILLE FOR THE DEVELOPMENT, USE, OCCUPANCY,
MANAGEMENT AND OPERATION OF A JOINT ANIMAL CONTROL FACILITY.
Nov/Moved by Kubby, seconded by Vanderhoef. Discussion.
Kubby/Why were revenues specifically excluded in the first agreement? Does anybody
know?
Nov/Here comes two answers.
Misha Goodman-Herbst/I have the prettiest shirt, he has a prettier tie. Well, you were
here. I don't really know exactly why they were excluded initially. All I know is
that we didn't collect as much from the outlying communities, mainly Johnson
County. So it has come up in the recent years that we are collecting quite a bit
more.
Nov/Okay.
Kubby/If we share expenses, it only seems fair to share the money coming in.
Nov/Don, is there any other additional comments?
Yucuis/No, I think that covers it. Misha covered the reason why.
Nov/Okay.
Thornberry/I can see why it took two of you.
Council/(All talking).
Norton/Misha, this is not particularly germane because this one only involved Coralville.
But what does University Heights do for animal control?
Goodman-Herbst/Beg and plead for us to help them just like every other community.
Kubby/Do we need a 28E agreement with them?
Goodman-Herbst/Yes and we are dealing with that now or attempting to deal with that
issue of other communities and us helping them or assisting them. University
property, University Heights.
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Norton/Yes, we are in the midst of looking for revenues as you well lmow. Everything
you can do will be appreciated.
Nov/Well, we are now billing them. They are possibly going to have a 28E agreement so
they will contribute on a yearly basis.
Thornberry/If somebody will sign the check.
Norton/How far do you go?
Kubby/Does North Liberty call?
Goodman-Herbst/We actually don't go out of the city limits unless we are specifically
requested to do something that is an emergency or something. But we do go on
University property and University Heights is kind of thi'ough our area. But we
don't go to North Liberty or into Johnson County unless they have a real specific
need.
Kubby/But the sheriff does bring dogs in.
Goodman-Herbst/Not any more.
Thornberry/They leave them at the county line, right?
Council/(All talking).
Norton/The next time we have a meeting with these agencies we ought to bring this up
and maybe try to get it clarified.
Thornberry/Well, I think it is on this 28E agreement.
Norton/Well, that is for Coralville, yeah.
Nov/Coralville and Iowa City have always had a cooperative animal control facility.
Okay. Any other discussion? Roll call- (yes). We have approved the resolution.
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REVISED
6/16/97
June i 7, i997
ITEM NO. 28.
ITEM NO. 29
City of Iowa City Page i8
mment: This resolution'~alls for, r~n election to set before the voters
the question of whether the~hould issue bonds not to exceed 922
million for constructin~~,~l,~~ulti-purpose cultural center
performance auditorium/~a~y ana~xhibit space, and a 100+ space
parking garage. The d~e set for the election is November 4, 1997. This
item was deferred ~r~ April 22. --
Action:
CONSIDER A RESOLUTION A~ENDING THE BUDGETED POSITIONS
THE PARKING SYSTEMS DIVISION OF THE PARKING AND TRANSIT
DEPARTMENT BY ADDING FOUR PART-TI~E CASHIER POSITIONS.
Comment: Council recently approved a proposal to convert the Linn St.
Parking lot from permit/metered parking to an attendant controlled lot. As
explained in previous correspondence from the City Manager, this
requires the addition of four part-time cashier positions to staff the lot.
Council previously approved this concept and this resolution formally
creates these positions.
Action:
ITEM NO. 30 CITY COUNCIL APPOINTMENTS.
Consider one appointment to the Design Review Committee: For a
Licensed Architect or Business/Property Owner from the Central
Business District or Near Southside Neighborhood to fill an unexpired
term ending July 1, 1998. (Martin Haynes resigned.) (3 males and 2
females currently serve on this Committee.)
ITEM NO. 31 CITY COUNCIL INFORMATION.
ITEM NO. 28 CONSIDER A RESOLUTION OF INTENT TO CALL A SPECIAL ELECTION.
Comment: This resolution states the City Council's intent to call for a special
election no later then November 3, 1998 on the question of whether the City
should issue bonds for the construction and equipping of a multi-purpose cultural
center including the expansion of the Iowa City Public Library, a 500-seat
auditorium, gallery and exhibit space, and a 100+ space parking garage. A
resolution setting a special election was deferred from the April 22 meeting.
Im\kf6-17.doc
June 1 7, t997 City of Iowa City Page 18
ITEM NO. 28.
ITEM NO. 29.
ITEM NO. 30.
ITEM NO. 31.
CONSIDER A RESOLUTION CALLING A SPECIAL ELECTION.
Comment: This resolution calls for an election to set ~9,fore the voters
the question of whether the City should issue bonds n~t to exceed 922
million for constructing and equipping a multi-purpgSe cultural center
~luding an expansion of the Iowa City Public ~Eibrary, a 500-seat
,nce auditorium, gallery and exhibit space and a 100+ space
garage. The date set for the election is ~vember 4, 1997. This
item deferred from April 22.
Action:
CITY COUNCIL
~POINTMENTS.
a. Consider one a ntment to t Design Review Committee: For a
Licensed or Busin~ s/Property Owner from the Central
Business District Near So hside Neighborhood to fill an unexpired
term ending July 1, Haynes resigned.) (3 males and 2
females currently Committee.)
/
CITY COUNCI
REPO ON ITEMS FROM THE CITY MAN/~GER AND CITY ATTORNEY.
a. Manager.
\,
b. City Attorney.
\
#28 page 1
ITEM NO. 28 CONSIDER A RESOLUTION OF INTENT TO CALL A SPECIAL
ELECTION.
Nov/Moved by Norton, seconded by Kubby. Discussion. I am really glad we had this
resolution that states our intent which means there are- I believe that there are at
least 6 people who will be supporting this more specific resolution at a later date.
I am sad that we haven't figured this out so that we could have a date for this
November but that is just not what is happening and we need time to figure out
our financial health before we can put something up for the voters and so I am
very satisfied with having a date of no later than the November election of '98 and
it may be sooner.
Nov/I think that pretty well summarizes our feelings on this topic.
Thornberry/And when she says at least a 6/1 vote, I am the one. And I will be voting no
on this resolution because I don't think we need to even set a $20,000 election to
vote on this at this time, meaning setting it now for a year from now. If our house
is in order financially, we could call for a resolution calling for a special election
and I understand they need six months to get geared up to present this project
prior to the election and I think until our financial house is in order, I don't
understand why we are specifically saying that it is going to be in a specific
month in a specific year.
Norton/Because we are trying to express-
Nov/It said no later than.
Thornberry/That is what I mean. We may do it earlier. We will see.
Norton/We are doing this, Dean, because we want to express a commitment to this effort.
Thomberry/Somebody wants to do this project.
Nov/Well, there are some of us who really think this is a project that ought to be done
and therefore we are saying this.
Thornberry/Some think this is the cat's meow.
Lehman/Dean, I think it is important to note that we originally contended to set this for
this coming November.
Thornberry/That is correct.
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Lehman/Now we are now saying that we are intending it for next November.
Thomberry/That is right.
Lehman/This November didn't materialize because of the situation we find ourselves in
and we felt the timing was better for next November. Because this is set to that
time does not mean that it won't be sooner of that it can't be reset. It is just
saying- I think it is showing the intent of the council to support the concept. To
me, that is what it says. That we do support it. If we didn't support it, we wouldn't
set a date.
Kubby/What it does for us is give us a very clear goal about our financial goal, for our
financial goal.
Thomberry/Okay and the more I learn about this project, the more resolute I become in
not supporting this project. But things may change. Things may change. I may
end up sitting on the fence. But right now I cannot support the project. But if
things happen, I could vote yes to give it to the voters to let them decide. But I
can't even do that at this point. So I will be voting no until that time.
Nov/We have plenty of time.
Thornberry/Sure.
Nov/Is there any further discussion? Roll call- (yes; Thornberry-no). We have a 6-1 vote,
Thornberry. voting no and we have approved this resolution.
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ITEM NO. 29 CONSIDER A RESOLUTION AMENDING THE BUDGETED
POSITIONS IN THE PARKING SYSTEMS DIVISION OF THE PARIrdNG AND
TRANSIT DEPARTMENT BY ADDING FOUR PART-TIME CASHIER POSITIONS.
Nov/City Council Appointments.
Karr/Madam Mayor, you have an addition we passed out last night, another ITEM NO.
29. A resolution amending the budgeted positions.
Nov/I missed that one, sorry. (Reads item no. 29). The resolution formally creates this
part-time cashier positions. We need a motion. Moved by Lehman, seconded by
Norton, that we approve this resolution. Is there any discussion?
Atkins/A question. Go ahead, Karen. A question came about why part-time and one was
the likely short term nature of this particular project, not knowing what is going to
happen. Secondly the flexibility and the hours. If you become more committed to
it, we will certainly probably come back and have to change that.
Thornberry/A question on the number of people. These will be four new hires, is that
correct?
Atkins/Yes.
Thornberry/Will the revenue from this lot compensate them completely so that there will
be no additional money expended?
Atldns/The intent is that the cost of the preparation of the lot, capital costs, and the
operating costs will be covered by the revenue and our estimates are that it should
in fact show a profit. Wait a few months and see what happens and then we will
be able to decide.
Thornberry/Thank you. I lmew that. I just wanted you to say it.
Atkins/Now I understand.
Nov/Okay, we have four part-time parking attendants on this resolution. Is there any
other discussion? Roll call- (yes). Okay, we have approved the resolution.
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ITEM NO. 31 CITY COUNCIL INFORMATION
Nov/City Council Information. Mr. Norton, would you like to start?
Atkins/Before you start, may I do something real quick?
Nov/Sure.
Thornberry/You are excused.
Atkins/It has been bothering me all night.
Council/(All talking).
Norton/I just have a couple of quick items. One, I went over the speed humps today on
Teg and I recommend you- I wanted to comment that they seem to be very good
and according to reports, are still working very effectively. An experiment to try
to calm the traffic out there.
Thornberry/Let me ask you, on Teg Drive are they as affective as railroad tracks?
Norton/Yes. The railroad tracks still do the job very appropriate.
Second, I wanted to comment and I am sure that many of you were involved in
the Arts Festival in one was or another this weekend, Thursday night, Friday,
Saturday and Sunday. It was really quite a weekend downtown in many respects. I
hope everybody got a chance to share in it. The weather cooperated, of course,
greatly. But it was a wonderful weekend with some lessons to be learned as usual.
I wanted to raise one question about a letter we got regarding noise at the airport. I
don't know whether that is going to come up, doesn't need to deal with it but I
was ldnd of surprised because they come over my house and I never thought too
much about the noise. Is it a huge problem out there in general?
Kubby/Some people feel it is and others don't.
Atkins/That is the first complaint from that neighborhood.
Norton/I was unaware. I was just kind of confused. Are we going to increase the noise a
lot by our activities out there in improving the place?
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Thornberry/Airplanes are much quieter than they used to be when they were the old bi-
wings and they were training for the WWII at that airport, they were considerably
louder.
Nov/And you were here at that time.
Norton/We can't remember.
Thornberry/Mr. Norton was and perhaps Mr. Baker but I am not sure.
Nov/I think most of us didn't live in Iowa City at that time. Who was living in Iowa City
at that time?
Thornberry/I was.
Nov/You were?
Norton/I came right shortly after.
Kubby/I wasn't born.
Nov/Right, so we have any one person who has heard those airplanes.
Thornberry/I am sure there are a lot of people that have been here a lot longer than I
have. The airport has been here a lot longer than I have. So, airplanes have always
made quite a bit of noise.
Norton/In the letter there was some allusion or reference to the fact they are flying too
low. I take it that is not true. They are not flying below approve minimums or
something.
Nov/No, no and in other neighborhoods like mine, we have helicopters who also fly low
and make noise.
Thornberry/What I think he was referring to, Dee, was planes on the traffic patterns.
When the wind is from the north and you are talcing off course into the wind, you
are going to the north and you are taking off- Airplanes are louder when they are
talcing off. When they are landing they are quite quiet.
Norton/Coasting. Okay.
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Dilkes/I think this is the gentleman who was at the commission meeting and a couple of
commissioners did offer to have one fly over and this gentleman stand below and
see- Fly over at the proper height and have hi stand below and see if that is-
Norton/Oh good, so they are working with him. Fine, good, all right.
Kubby/And actually, the other thing in that person's letter was saying that it is mostly
pilots that are on the commission. I am not sure that that is true at this point. And
this person could apply to be on the Airport Commission when there is an
opening. So we would love to have community members who live in
neighborhoods who are affected by the airport be on the Airport Commission. So
apply. I don't lcnow when the next opening is but-
Nov/We want to encourage non-pilots on occasion and we have tried to get them. They
haven't been applying.
Norton/All right, enough said.
Nov/Karen.
Kubby/I have a bunch of items. One that I talked with Steve about before in terms of
Iowa City having a SWAT Team and I guess I am just concerned about time for
training for this. I don't lmow what kind of equipment we are buying for this. It
doesn't seem like we need a SWAT Team, an independent Iowa City SWAT
Team.
Nov/Can we clarify that one?
Atkins/SWAT is a television term. And emergency response team. These folks are
trained in weaponry but they are also trained in negotiations and the whole
television has blown in far out.
Kubby/Right, it is not like we have 50 people who are in full riot gear. But we don't use
this emergency response team on a very regular basis and I know that Coralville
has said you have been using ours, if you need the service, you should do your
own. So I am thinking this is another place where we could do more cooperation
with Coralville. Have some of their people train, some of ours so that when we do
have these infrequent situations where we need this kind of tactic, that we can pull
them in instead of having it all be us when I don't lmow that we have been given
any information that says we need to have our own full compliment of trained
folks with equipment and all of that. So I think this is one way that we can do
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some cooperating and reduce cost for training and equipment that is associated
with using this kind of team.
Nov/What about the training equipment that we talked about purchasing and talked about
cooperating with training other jurisdictions? The television training equipment.
Atkins/FATS.
Nov/I am trying to avoid acronyms.
Atkins/That firearms training system. Yes, we have not purchased the equipment yet.
Nov/But what about our conversations with other jurisdictions in cooperating?
Arkins/And the answer is yes to that one. Of course, we are a member of that multi-area
training system program whereby Johnson County, Coralville, Department of
Public Safety and the city all participate cooperatively in training exercises.
Whenever, in fact, we go through periods where we schedule the training and it is
not just our officers but officers from other departments also participate and we do
that routinely.
Norton/Well, when we look at the budget questions that we are dealing with and look for
places for savings and we talk to the Police Department like every other and say
where can you maybe save a dime, more. These are areas like the SWAT effort
and or the FATS system, might be on the table for all I know. I should think they
might consider it.
Nov/Okay. We are moving along. Do you have something else?
Kubby/Yes, I do. I don't remember the date of this paper. Thursday, June 12, there is an
article about the State Civil Rights Commission and our commission going to
them advocating that the state protect individuals on the basis of sexual
orientation in the work place and in public accommodation and there were some
quotes in the paper by another council member, Dean Thornberry, that you know,
you can always get quoted incorrectly. But he has stated things at this table that I
disagree with strongly and that I am glad that our commission is doing that kind
of advocacy work on the state level. That having sexual orientation as a protected
class for the state protects all workers, no matter what your sexual orientation is,
whether you are heterosexual, gay, lesbian, bi-sexual, trans-gender, and although
transsexual would be gender identity. I am sorry. And I am very glad that our
community and our commission is doing that kind of advocacy. I am very proud
that Iowa City has protection for sexual orientation in our community and think
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think that is a very important thing. I hope people don't think that one person's
comment reflects the whole council's viewpoint that we don't need any protected
classes. I wish we did live by the golden rule and didn't need these kind of
protections but that is not reality and having protection for civil rights is one way
of creating a new reality. I just wanted to comment on that.
Nov/I
think we have to say that reality in this manner and most of our ordinances is that
we are writing the ordinances for the small percentage of people who do not
behave properly. I think most people in Iowa City and most people in the State of
Iowa do not discriminate on the basis in terms of hiring but some people do and
that is why we need it.
Kubby/The incident in Des Moines where six nursing home workers were laid off
because of their sexual orientation is probably going to be-
Norton/Davenport, you said Des Moines.
Kubby/I am sorry, in Davenport.
Norton/That was pretty grizzly.
Kubby/Will probably be very helpful in getting protection on the state level and so I am
very sorry for the six workers and I hope that they will tell their story to the state
commissioner and actually if anyone wants to tell their story of discrimination,
you want to send a letter to the Iowa City Human Rights Division by June 23,
your letter will get incorporated into a packet of information that will go to the
state and as someone who has constituents who frequently call on these types of
issues, I will be writing a letter as an individual council member in support of the
state including sexual orientation as a protected class.
Nov/I will interject at this point. I told Heather I would write a letter on behalf-
Kubby/Of the council, good. Thank you.
There is something going on that is very exciting on Sunday, June 29. The
Summit Apartment Cooperation is an owner occupied apartment coop that has
been in existence for 50 years and I think it is real important to celebrate these
kinds of housing options that have been a long standing part of our community.
River City Housing Collective has been around for 20 years, the Summit
Apartment Coop for 50 and on June 29 from 1:00 to 6:00 PM there will be a
celebration, hopefully the street will be closed and there will be dancing in the
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street. Big Wooden Radio is going to play, select units will be open so people can
tour it and that is at 228 S. Summit Street. So come dance in the street.
Norton/Karen, I think you should add to that there is an interesting comment.
Historically when it was put up, there was great objections from the neighbors.
And now I sight it as a case of an apartment among single family homes and it
seems to work very well. When it went up, it was the subject of great
consternation in the Longfellow neighborhood.
Nov/50 years ago an apartment house in Iowa City was pretty interesting and unusual.
Kubby/I just have two other things. At the end of our informal meeting last night, I
brought up the issue of SEATS and when we talked about it, I went home and I
realized- As I was biking home last night, it was a gorgeous night, my mind was
going everywhere and I started thinking about some of the things that were said
last night and my understanding- Although I disagree with some of the things that
were said last night, my understanding is that council had directed staff and our
negotiating committee to negotiate a 28E agreement and we wrote one up that is
basically a set of performance standards and we were asking the county what will
it cost for you to meet these performance standards. If we didn't like the cost, we
start negotiating on money. That is my recollection of what our direction was.
Some information we got from Dee and Dean last night was that they are doing
that but they are going to go out shopping in the private sector as well and that
wasn't our direction. It may be that there are four people who, once we get a more
refined report from them with some numbers, that we will direct them to do that. I
thought your goal was to work with the county and to have a unified system and
that we wanted a multi-year 28E agreement for SEATS to provide paratransit
service. That is not what we got last night. I am kind of concerned about it and
there is really not another opportunity for a month to talk about this as a group.
Nov/I thought that we were required somewhere in the ADA regulations to do some
comparison shopping and go out for bidding and that sort of thing.
Atkins/You used to be. They amended that regulation whereby if you enter into an inter-
governmental agreement which is a 28E, I don't lmow their official- Federal
Transit Administration prefers that you look for other options. And looking for
other options meaning shopping or whatever you want to call it. But they did not
object to having an inter-governmental agreement between two governments.
Kubby/I thought it was at a couple of meetings, joint meeting, with the county where that
was clarified. That we were- We didn't have to go out. That we were not going to
go out. That our first preference was to negotiate with the county to get a multi-
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year contract and that is not the direction we are heading and so I am concerned
about that because it wasn't a council decision to do that. I guess I want to hear
from other council members how you are feeling. To clarify what the record is
about what our direction was to staff and to our city.
Atkins/And if I can add to it and I do not participate as much as Dee and Dean did in the
meeting but I was there and listened to it and I think clearly they embarked upon a
discussion that would have led one to believe that we are going to put together a
28E agreement. But at the same time, when the county responded to the letter we
sent, they did not respond in a formal 28E agreement and the discussion, I think,
you can speak for yourselves. You have been to well let's maize sure that we can
look at all available options and I did not hear them object to it as far as the
county was concerned.
Kubby/But that is not what I am-
Norton/What did the council say as direction, yeah?
Atkins/Let Dee and Dean speak for themselves.
Norton/Why don't we get the record?
Kubby/My issue right here, right now is not about how the county responded, if it was
appropriate, if it was adequate, it was full enough. My point is what the direction
was to staff and our committee and maybe people remember it differently than I
do and we need to go back to the record and ask Marian to look it up to clarify
that. But if the direction is going to change, it can't be the negotiating committee
that does that change of direction. It can't be staff that does that change of
direction. It must, I believe it should be the majority.
Baker/I just need to get clear if the direction has changed.
Kubby/We haven't talked about it.
Baker/Well, I don't know what we are. We need to see the data, records. You seem to be
saying that it's your understanding that the council set it in a different direction.
Kubby/But negotiating committee stated last night that they got some numbers back
from the county. They're going to get some more numbers, that they've asked for
and that they're going to go shopping in the private sector to compare apples with
apples. That to me is a different direction than what the majority gave instructions
on.
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Baker/(Can't hear) so I can respond to that.
Thornberry/Karen, it would be very very difficult to negotiate with one entity given no
other considerations. If you have no other options than the one entity to negotiate
with no other consideration other than take what they offer or take what they
offer. That's your only option. There's no negotiation.
Kubby/Oh yes there is.
Thornberry/There are no negotiations.
Kubby/We negotiate, we negotiate price with them all the time. They negotiate how the
service is provided all the time.
Thomberry/Are you finished? They gave us a price that we were rather unhappy with.
We can bring that price back to you, but we would be able to show you no other
prices. This is what we're getting for our money and it's more than it was a year
ago. And considerably more than it was. Considerably more than it was two years
ago. Like half again as much, half again more. If there is no other people you
would like us, what you're, I'm trying to respond to your question and I should
not and I am remiss in doing that. We should respond once we get all of the
information, we will respond to the council prior to accepting or rejecting
anything. All we're trying to do is complete that negotiation which is at this point
incomplete. Your husband lmows that very well because he was one of the
negotiators.
Kubby/His relationship to me has no bearing on this matter.
Thornberry/Other than the fact that you lmow what was said in the meeting if you-
Kubby/No. You told us last night. You gave us a report last night. That's what I'm
responding to.
Thomberry/Are you telling me, Karen, that you don't talk to Joe about anything that was
said during the day? C'mon.
Kubby/That's strictly none of your business.
Thornberry/That's not the point at all. I'm just saying that if we've got one entity to talk
to without any other body to talk to at all, how can we negotiate saying okay
you're going to negotiate with the county, how do you negotiate when they give
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you a price and you say no I think that's a little too high. And they say no it's not
too high and this is why it's not too high. Where do you go in negotiation?
Kubby/That's not what she said last night. That's not what I got from what you said last
night.
Thornberry/What you just got through asking me, Karen, is I thought we were going to
negotiate with the county. That's what we were going to do. We are negotiating
with the county, but you've also got to have other options.
Vanderhoeff We're really worldng for negotiating a good service that takes care of the
citizens of Iowa City and a fair price. We're real willing to pay what it's worth to
our citizens and we have to be real responsible and that's to have another listen to
it and maybe a way to show how responsible SEATS is. We'll find out what
we're getting. We are getting more information. We are giving them some
direction on the things that we want and we'll come back to you.
Norton/We don't need to belabor this. It seems to me Karen's point is only this, that in
the charge to the subcommittee, presumably that was to negotiate with the county.
Now maybe that was an inappropriate charge because it leaves you with the
position of negotiating without option and therefore it's hard to negotiate. So
maybe we should incidentally also explore other alternatives as you do that and
then come back to us with what you get from the county and what the other
options are. Now had we laid out that guidance, maybe it would've been better.
That's the way you've gone and she's saying maybe it was a narrower charge. It
seems to me maybe come back with what you can do is the best-
Thornberry/We will come back to you.
Vanderhoef/Karen.
Thornberry/We will come back to you with the option, with the offer that the county
gives us.
Norton/And some options.
Thornberry/After discussing them.
Norton/Very good.
Thornberry/And if you don't want any other options, then we'll bring it back for a vote
of the council. Okay?
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Norton/All right.
Thornberry/Pardon me.
Baker/Go ahead.
Thornberry/And if you only want us to get a price from the county, then tell us that.
There are no negotiations then. What we're trying to do is get a better service for
the citizens of Iowa City that are using the SEATS service for less money. If we
can get more for less, would you like that or not?
Kubby/It matters what other effects there. What does that mean for the service. But that's
not, my question's a question of process. People don't really want to deal with
that, that's fine.
Norton/I do.
Balcer/
Karen, I do want to deal with it, but somebody listening to this conversation,
trying to figure out what happened last night would be totally lost, because it is
my assumption, we are negotiating with the county. That's my preference. A lot
of logical reasons to deal with the county and you can negotiate one on one
without outside option to begin with. You can do that. Again I don't lmow what
happened at these subcommittee meetings, but one of my understandings is that
the information coming from the county has not been adequate for us to make an
informed decision. That first of all is a fair statement.
Thornberry/That's correct.
Baker/And if that infonr~ation is not forthcoming, then one of the things the council has
to do is say is well, this negotiation is going no where. It's unacceptable and we
can and should look for alternatives. But what I'm not clear about is that the point
we're at right now that provokes, generates the idea supposedly the decision has
been made to seek other options. Has that decision been made by Dee and Dean
and have they done anything on it? Is that yes or no?
Kubby/It is not theirs to make is my point.
Thornberry/If you're asking the negotiators.
Baker/I agree that that was the impression given.
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Thornberry/We have- Go ahead Dee. I'm sorry.
Baker/I'm trying to figure out what discussion is.
Vanderhoef/The information was incomplete in my estimation. We asked for
clarification and it was not clear to me yet what they were trying to offer us for
information. Having not received the information that was requested in the
contract for the prior year and getting just a synopsis of one week, it wasn't there.
So we're setting up some standards, some goals that we want done and we want
them to look at the price again.
Baker/The county.
Vanderhoet7 The county.
Baker/Um-huh. We have talked to nobody else.
Vanderhoef/And we let them know that we may check back with someone else.
Baker/Okay, that's the road that Karen is-
Vanderhoef/That is right.
Kubby/Because last night-
Vanderhoef/We have not said we are. We just said we may. That is when we come back
to you and get it.
Kubby/It seemed much more definite that we were going out to look at the private sector
from Dean's comments at the informal meeting last night saying that we want to
understand that we want to clarify these performance standards and then we want
to go and compare private, a variety maybe of private sector apples to the county
apple.
Vanderhoef/And there may be combinations also.
Kubby/And it left me the impression that the negotiating committee was indeed doing
that and that ifI misunderstood Dean's comments, I apologize for the process
question. But if I hadn't misunderstood them, I don't think it's their decision to
make to do that.
Nov/We have not authorized them to ask for other contracts.
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Vanderhoef/And we have not.
Nov/We have also said that if we cannot get a reasonable contract with the county, we
can always do this ourselves. We don't have to contract for this service. We can
just perform it ourselves.
Vanderhoef/And there can be various kinds of combinations too. We have a combination
going right now in that we have a 28E agreement with the county and when they
go off service we pick up certain rides with the cab company which is a separate
contract. So there are lots of possibilities on how to do this and we're just getting
started so I'm real hopeful that we'll get something settled in the next month to
two months.
Norton/I don't want to make a court case, but alluded last night to some concerns about
process and the question is if we set too tight specific guidance or inadequate
guidance to the committee then the committee should come back and ask for a
broader-
CHANGE TAPE TO REEL 97-99 SIDE 1
Norton/A more comprehensive service.
Vanderhoef/In the county's proposal, they made an estimate of what how many more
rides would be taken by citizens on the cabs if we went to a dedicated five vehicle
and then they extrapolated a price on that. That was their part of it. It wasn't ours.
Thornberry/I did say last night and I did mean that I would like to get this apple
completed with the county. Get exactly what they are going to do for the people
who ride the SEATS vehicles and what it is going to cost the citizens of Iowa City
to provide this service. At that point when they give us all of the information of
what they are going to do, what they can do for the citizens who use those
vehicles and what it is going to cost all of the rest of the citizens to pay for it to
see if that is a good contract. To see if that meets muster, to see if it is the right
price for the right service. They should be comfortable with the facts since they
have been doing it for quite some time that they can do it better and for less
money than anybody else and they should have no problem. In fact I believe Joe
Bolcum did say he has no problem with us shopping that figure for that service
because he lmew that they could give the best service for the money, the best
value for the citizens that ride the SEATS bus of anybody because they already
have got experience in doing it and that is exactly what I would like to do to make
sure, not just for myself, but for the rest of the council and the people, the tax
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payers who are paying for this service are satisfied that they are getting the best
service available for the money that they are spending. That we are spending of
the tax payers money. So if there is no problem with that from the county or if
they say gees, I will give you a figure but don't shop me, don't take my figure to
another entity to get another figure because maybe they can do it for- It doesn't
matter for what other reason. They should be able to do the best job for the money
and they said that they are and if they can, I am very very happy with continuing
our relationship with the county.
Kubby/I am not questioning the goal of trying to curb the escalation of the cost of
providing paratransit. And I don't really care what the county said or didn't say.
That is not my point and I think most people on council get my point. It was a
process question on our end, not from the county.
Thomberry/I think perhaps your end, Karen. I did not get that from Mayor Novick.
Okay. It has always been-
Kubby/I am saying that other people get my point and maybe I am not making very
clear-
Thornberry/Perhaps-
Nov/I think we sort killed this issue. We all understand we are negotiating with the
county. We all understand that we are going to get the best deal possible and we
are going to come back to the city council before we start shopping elsewhere.
Council/(All talking).
Kubby/That is not what we stated last night and so this is an important conversation-
Nov/Okay, Karen. It is understood now. So the rest of us felt we understood yesterday.
So let's move on. Do you have anything else?
Kubby/I do but it is a different subject.
Baker/No I have one sentence left to say which is this process that we are talking about,
at the end of us doesn't preclude us, make sure that is understood, saying the
county's proposal is unsatisfactory. We can do whatever we want.
Norton/Absolutely.
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Baker/I am patience with the county, I don't know 'who that is in particular. But the
whole process of getting information that we think we need. I have less and less
patience now. But I would prefer to have that arrangement made because they
have a-
Thornberry/I would too and they should have no problem, Larry, in us going someplace
else or having our own people in Transit say, geez, that is a good deal.
Baker/We can't do that until we understand-
Norton/As long as we understand that you are going to come to us and say we have been
talking to the county, we are not happy with everybody, we want a guidance to go
further and shop outside of that and then we can consider guidelines for that. That
is all we are saying.
Thornberry/One last comment. Steve, I can appreciate now sometimes the position that
we put you in in saying I thought you said- But things change in the middle and I
thought we were suppose to be negotiating fbr a SEATS contract and I didn't
know apparently the tight lease, bad choice of words, the constraints that we were
under and the handcuffs that we had in negotiating. Now if you wanted to tell us
what figures we could accept and what we can't accept then do so.
Nov/Whatever you accept has to come back to the council.
Thornberry/That is correct. We are not accepting it.
Nov/We essentially tell you that we can or cannot accept it.
Thornberry/We are not accepting anything from the county. We are getting their figures
and going to present them to you. If they are satisfactory, fine, if there are four
votes for this. If they are unsatisfactory and you would like us to go elsewhere and
look for that, fine, we will do that and it does not necessarily mean that we can get
a lower price somewhere else. We may come back to the county and say here.
Nov/Okay, we all understand.
Vanderhoef/Just one thing for all the SEATS rides who recognize that contracts end on
July 1. We have had a discussion already with the county and they are just fine
with the idea that we would go on a month to month contract until this is settled.
No problem with service for anyone.
Nov/There will be no lapse in service.
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Vanderhoef/No lapse in service.
Nov/Okay, another topic, Karen.
Kubby/I had one final thing. Someone told me and I haven't been able to confirm this
yet but today is the 75th anniversary of Emma Harvat being elected mayor to
Iowa City and if that is true, happy anniversary, Emma. Emma Harvat was the
first woman mayor of Iowa City. She was the first female mayor in the State of
Iowa and she was the first female mayor in the United States of a city over
10,000. So she is up on the wall if anybody wants to see what she looks like and
there was a great article about her about five years ago in the State Historical
Society (can't hear). I have a copy of it and I am sure the library does, too, if
anybody wants to see it. It is a great story, a great women. I hope we name a street
after her some day.
Nov/Yes.
Kubby/Sooner than later.
Nov/That is another discussion.
Kubby/Or a park maybe, not concrete.
Lehman/I think I will just pass.
Nov/Okay. Dean.
Thornberry/There are two birthdays coming up among the council members. I don't
lmow if anybody would like to guess Larry Baker's age but I understand-
Baker/It is public record, I am 38.
Thornberry/I understand it is the big 50. What is the date?
Baker/Do you have a problem with this? June.
Thornberry/June 28. Big 50.50 years old. And Dee Norton, 75.
Norton/Yeah, right.
Thornberry/Congratulations.
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Norton/3/4 of a century of progress.
Thornberry/And getting better. Like a bottle of good wine, getting better all of the time.
Congratulations both of you.
Baker/Thanks for nothing.
Norton/I wrote to Larry, he is gaining on me.
Vanderhoef/Anybody got a TV camera? We have for Mr. Baker-
Thornberry/That is real close.
Vanderhoef/We lmew that we had a celebrity when he was elected to city council. Now
we have someone who has his face on the card and he also has a book coming out
in September called-
Council (All talking).
Nov/Microphone.
Vanderhoef/Okay, I will get my mic on. Because we have a true flamingo rising with
sparkler just like on the front of his book and we wish you well with the book.
Baker/Thank you very much.
Vanderhoef/Happy birthday.
Nov/Happy birthday.
Norton/Congratulations, Larry.
Baker/Looks like the lobotomy we had a couple of year ago.
Nov/Back to Dean, did you have something else?
Thornberry/Too bad that one must pick a class in which you would like to be protected
and it is too bad that classes have to be protected of any class and that is basically
what I said. I truly wish that laws did not have to be passed to protect anyone and
I have apparently been pretty sheltered but I don't look around to see who should
be protected and who shouldn't be protected. I don't think anybody should be
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protected because I think excellence in performance is the protected class.
Excellence in performance always gets you ahead, should always get you ahead
and if it doesn't, then there is something wrong. Passing ordinance and laws to
protect anyone is hopefully unneeded.
Norton/Ultimately.
Nov/Ultimately.
Thornberry/That is a goal to strive for.
Nov/Absolutely a best goal.
Thornberry/Thank you.
Vanderhoef/I have nothing also.
Nov/Okay, Larry.
Baker/This is an awkward bridge here. Mine wasn't going to be serious.
Thornberry/Let's end on a light note.
Baker/At least you didn't get one with Kenny Rogers. I appreciate that.
Nov/I think this one looks like you posed for it.
Baker/On the syllabus for the courses that I teach it is in print on the bottom that Gerry
Garcia and Kenny Rogers are not allowed in my class. I will make an exception.
Kubby/You are not grading us so you can do that.
Baker/If you are going to do this, bring the book-
Vanderhoef/Not until it is out in hardback and I have read it.
Baker/Karen mentioned the 75th anniversary of the first woman mayor. It also reminds
me it is the 25th anniversary of Watergate and our great American president
Nixon was brought down beginning 25 year ago and I still haven't recovered from
that. Nor have I recovered from my son's 30th birthday, speaking of getting old.
Tim turned 30 last week. Anyway. Council business. Did anybody talk last night
about this letter from Roehell Prunty from the Coop?
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Norton/About the parking out here?
Baker/About the potential parking problem. Are you responding to that, Steve?
Atkins/I am not sure how.
Nov/There is a nice Chauncey Swan ramp very close by.
Atkins/I see Rochell almost everyday.
Kubby/But there is also another section of the Civic Center back lot that will not be
barriered off.
Norton/Just not quite as handy but it surely can handle-
Baker/So she can direct people-
Kubby/It is an extra 10 steps or 15 steps.
Nov/It may be 20 steps. It is not a big deal.
Kubby/Although when you drive into the first section, you don't see any sign saying you
can't park here. Only when you leave.
Atkins/We need to fix the signing, yeah. I agree with you. I drove in the other day and
you could very easy pull in and whoops, yeah. We will check that.
Norton/Oh, you could be in the wrong place.
Atkins/You could be in, parked, head the other direction and the sign is behind you.
Norton/Is somebody then responding? Was that letter to you, Steve?
Atkins/No, it was to council.
Baker/You have talked to them?
Atkins/I have not talked to Rochell about it but I certainly will.
Norton/Naomi will respond presumably.
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Nov/I don't think we need a formal response. I will call her if you like.
Baker/That is it and thank you very much for the card.
Nov/I am going to have the last word and again, on a light note. Since we are celebrating
birthdays, we have a Dee Norton birthday card. Happy 75th birthday, yes. I really
believe it is worth celebrating.
Baker/That is 125 years of experience.
Norton/(Can't hear).
Nov/Don't you think it is appropriate?
Norton/Yes, indeed. Right, I was born right under there.
Baker/You didn't get a pictm'e of Dee for his card?
Council/(All talking).
Nov/The retired professor and a picture of the Old Capital at the University.
Norton/Thank you.
Nov/That is a pretty close connection.
Kubby/One last thing. At 4:40 this morning Molly Sheppard was born and I had a little
bit of aid into the family. Welcome to the outside world, Molly.
Nov/Who is this?
Kubby/Molly Sheppard, born 7 pounds, 8 ounces at 4:42 AM.
Nov/Would you make the connection?
Kubby/I am good friends with the family and the son in that family is my Godson.
Norton/Oh, I see, okay. Now we know.
Nov/That is why we are getting the announcement.
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REVISED
6/16/97
June 17, 1997
ITEM NO. 32
City of Iowa City Page 19
REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY.
a. City Manager.
b. City Attorney.
--Of
ITEM NO. 33
ITEM NO. 34.
CONSIDER A MOTION TO ADJOURN TO EXECUTIVE SESSION TO
EVALUATE THE PROFESSIONAL COMPETENCY OF AN INDIVIDUAL
WHOSE APPOINTMENT, HIRING, PERFORMANCE, OR DISCHARGE IS
BEING CONSIDERED WHEN NECESSARY TO PREVENT NEEDLESS AND
IRREPARABLE INJURY TO THAT INDIVIDUAL'S REPUTATION AND THAT
INDIVIDUAL REQUESTS A CLOSED SESSION.
Comment: At the conclusion of Council's May 14 Executive Session,
staff was directed to schedule further discussion of the matter for June
17.
Action:
ADJOURNMENT.
June 17, 1997
City of Iowa City
Page 19
NO. 32.
CONSIDER A MOTION TO ADJOURN TO
EVALUATE THE PROFESSIONAL COMPETENCY
WHOSE APPOINTMENT, HIRING, PERFORMANCE
BEING CONSIDERED WHEN NECESSARY TO PF
IRREPARABLE INJURY TO THAT INDIVIDUAL'S RI
INDIVIDUAL REQUESTS A CLOSED SESSION.
SESSION TO
INDIVIDUAL
DISCHARGE IS
!DI. ESS AND
AND THAT
Comment: At the conclusion of Council's
staff was directed to schedule further
17.
14 Executive Session,
sion of the matter for June
ITEM NO. 33. ADJOI.
!NT.
#33 page 1
ITEM NO. 33 CONSIDER A MOTION TO ADJOURN TO EXECUTIVE SESSION TO
EVALUATE THE PROFESSIONAL COMPETENCY OF AN INDIVIDUAL WHOSE
APPOINTMENT, HIRING, PERFORMANCE, OR DISCHARGE IS BEING
CONSIDERED WHEN NECESSARY TO PREVENT NEEDLESS AND
IRREPARABLE INJURY TO THAT INDIVIDUAL'S REPUTATION AND THAT
INDIVIDUAL REQUESTS A CLOSED SESSION.
Nov/We need a motion.
Atkins/Before you vote, I want to comment. Are you sure you want to go late?
Nov/Yeah but it is not that late and so if you have strong feelings, fine. But otherwise we
have certainly been there before.
Kubby/I prefer to wait.
Lehman/I prefer to wait.
Baker/I prefer to wait.
Thornberry/I prefer to wait.
Norton/Okay.
Lehman/Motion dies for lack of second.
Nov/We don't even have a motion.
Norton/I tried to move but nobody seconded it. Twisting in the wind here.
Atkins/I didn't mean for anyone to twist in the wind.
Vanderhoef/Do we have time to do it tomorrow?
Nov/I don't know.
Baker/The end of the day.
Atkins/I didn't hear that.
Baker/4:00 PM or so.
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Karr/Ernie, do you have to leave early?
Lehman/It turns out I don't. I thought I did but I do not.
Kubby/I don't want to stay past 5:00. 1:00 to 4:00 is a big commitment for me
tomorrow.
Nov/All right. Do we want to do this at 1:00 tomorrow and proceed with the rest of the
meeting?
Kubby/I think we need to do the 1:00 thing we announced tonight.
Vanderhoef/And then go into executive.
Atkins/I agree with Karen. You need to begin with that at 1:00.
Kubby/With the public part of the meeting. I think we should do finances first, frankly.
And if we get done and have time. If not because we need to do that work.
Nov/If we defer this, we need to defer it to a specific date. So am I asking are we
deferring it to tomorrow or are we deferring it to July 15 or whatever is the next-
Kubby/We could defer it to tomorrow.
Thornberry/To tomorrow.
Karr/Okay, just point of clarification. To adjourn to executive session you must come out
of a formal to do that. So tomorrow you wanted to have a special formal, then go
into work session, then go back to formal if you have time?
Nov/I would prefer to do the formal all at once and postpone the work session which
may or may not take the whole time.
Karr/You don't have to worry about the 24 hour notice if you are continuing it and
deciding it tonight. That is irrelevant in that particular perspective. I am just
wondering about the order in which you wish to proceed tomorrow.
Nov/I would prefer that we do the formal meeting because we have already postponed
and we are going to do second consideration on another item and we posted it.
Can we just defer the executive session to that formal meeting which is at 1:00
tomorrow and do our work session after that?
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Karr/Yes. You are going into executive session prior to your work session on finances.
Kubby/I am saying I would prefer a different order. That we do the formal public part of
the meeting, then we do our work session and we go back to formal and do
executive session if there is time.
Baker/Formal, recess, work session, reconvene formal.
Nov/I am saying it is not the way I think we ought to do it. So we need some discussion.
Are there more than two people who want to do the work session before the
executive session?
Baker/Yes.
Nov/I heard you. I heard Karen. Are there more than two people?
Norton/I will do whatever. I don't care.
Thornberry/I think that if some people come, if they know the meeting is going to be
tomorrow and they are coming for a specific thing as far as finance is concerned, I
think we ought to do the finance thing first just because that is the way it should
be. Then, if there is time, we will do executive session.
Karr/We could recess then and come back.
Nov/All right. Do we want to say that we are going to do this at a specific time?
Karr/It won't matter if you are going to recess. If you are going to recess, it is from a
formal meeting anyway. So you will just continue until tomorrow, special formal.
We will just go from a special formal, take the two items that you have already
agreed to, have a motion on the floor, and at that point, you can recess, do your
work session. Then you would have to reconvene your formal to at least adjourn it
if you don't have time.
Kubby/I think Dean point is really important. That we have been having people come to
observe our discussion. I think that is a crucial point.
Nov/Okay.
Norton/I am not clear what we are doing but I will do whatever you tell me.
Lehman/I am with you.
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Council/(All talking).
Nov/Let's have a motion to defer this to tomorrow. Moved by Lehman, seconded by
Thornberry that this item be deferred to the special meeting tomorrow afternoon,
1:00. Is there any other discussion? Okay. All in favor, please say aye-(ayes).
Motion carried.
Before we move to adjourn, the work session on finances was in the City
Manager's conference room. Do we want to do it there again? Was that a
convenient way to do it?
Baker/Depends on how many people are around.
Karr/I don't know if that room is available.
Atkins/I thought we were set up for here.
Karr/Yeah, I thought we were set up for here.
Nov/Okay.
Karr/I can certainly check and if it is available, fine. But if not, I think we are here.
Nov/All right, if it is available, it seems to me that that works well. If it is not available,
can we do a circular table kind of discussion?
Karr/Yes. We will just do the work session type concept.
Nov/Okay. Good.
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F061797
CITY OF IOWA CITY
June 13
8:30a - 1 l:00a
City Council Meeting Schedule
and Tentative Work Session Agendas
June 6,1997
Telecast Live on Cable Channel 4
SPECIAL COUNCIL WORK SESSION
City Finances
Friday
Council Chambers
June 16
3:00p - 5:00p
5:00p - 5:30p
5:30p
SPECIAL COUNCIL WORK SESSION
Cultural Center/Library/City Finances
SPECIAL FORMAL COUNCIL MEETING
Executive Session -Land Acquisition
COUNCIL WORK SESSION
Monday
Counc// Chambers
Council Chambers
June 17
TBD
7:00p [~
SPECIAL FORMAL COUNCIL MEETING
Executive Session - Evaluations
FORMAL COUNCIL MEETING
Tuesday
Counc// Chambers
Council Chambers
June 18
1:00p - 5:00p
SPECIAL COUNCIL WORK SESSION
City Finances
Wednesday
Counc// Chambers
June 30
7:00p
CANCELED
COUNCIL WORK SESSION
Monday
Council Chombcr~
July 1
7:00p
CANCELED
FORMAL COUNCIL MEETING
Tuesday
Counc// Chambcrs
July 4
CITY OFFICES CLOSED - INDEPENDENCE DAY
Friday
FUTURE WORK SESSION ITEMS
Transit Interchange Project
Sanitary Sewer Repair - New Policy Update
Chutes and Vaults
Southeast T-Hangar
Peninsula Development- Field Trip
Hickory Hill West
Water Project Costs
Waste Pickup - 4-Plexes
Cemetery
What's New Iowa City Video Program
Elks
Landfill Master Plan
Sand Point Wells
DARE Program Review
CITY OF IOWA CITY
June 16
3:00p - 5:00p
5:00p - 5:30p
5:30p
June 17
7:00p [~
June 18
1:00p - 5:00p
City Council Meeting Schedule
and Tentative Work Session Agendas
June 13,1997
June 16- June 23, 1997
[] = Telecast Live on Cable Channel 4
SPECIAL COUNCIL WORK SESSION
Cultural Center/Library/City Finances
SPECIAL FORMAL COUNCIL MEETING
Executive Session - Land Acquisition/Litigation
COUNCIL WORK SESSION
5:30p
5:40p
5:55p
6:05p
6:20p
6:50p
7:00p
7:10p
7:20p
7:35p
7:45p
Review Zoning Matters
PCRB
Police Grants
Transit Interchange Project
Projecting Signs
Southeast T-Hangar
Dubuque Street Sidewalk
Traffic Calming
City Attorney Recruitment
Monday
Council Chambers
Council Chambers
Consider One Appointment to the Design Review Committee
Council Agenda/Council Time
FORMAL COUNCIL MEETING
Tuesday
Council Chambers
SPECIAL COUNCIL WORK SESSION
City Finances
Wednesday
Council Chambers
FUTURE WORK SESSION ITEMS
Sanitary Sewer Repair - New Policy Update
Chutes and Vaults
Peninsula Development - Field Trip
Hickory Hill West
Water Project Costs
Waste Pickup - 4-Plexes
Cemetery
What's New Iowa City Video Program
Elks
Landfill Master Plan
Sand Point Wells
DARE Program Review
Proposed U of I Parking Facility