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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. This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 F061797 #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. This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 F061797 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 F061797 #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 This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 F061797 #10 page 2 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- This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 F061797 #10 page 3 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 F061797 #10 page 4 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 This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 F061797 #10 page 5 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 F061797 #10 page 6 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 F061797 #10 page 7 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 This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 F061797 #10 page 8 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 This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 F061797 #10 page 9 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 F061797 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 This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 F061797 #12 page 2 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 This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 F061797 #12 page 3 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 F061797 #12 page 4 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 This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 F061797 #12 page 5 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, This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 F061797 #12 page 6 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? This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 F061797 #12 page 7 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 This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 F061797 #12 page 8 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 This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 F061797 #12 page 9 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 F061797 #12 page 10 Nov/I lmow. Kubby/Okay. This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 F061797 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 F061797 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 F061797 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 F061797 #17 page 2 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 F061797 #17 page 3 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 F061797 #18 page 1 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 F061797 #19 page 1 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- This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 F061797 #19 page 2 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 F061797 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 F061797 #20 page 2 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- This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 F061797 #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. This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 F061797 #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 This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 F061797 #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. This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 F061797 #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? This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 F061797 #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 This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 F061797 #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. This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 F061797 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 F061797 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 F061797 #25 page 2 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 F061797 #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. This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 F061797 #26 page 2 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 F061797 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 F061797 #28 page 2 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 F061797 #29 page 1 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 F061797 #31 page 1 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? This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 F061797 #31 page 2 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 F061797 #31 page 3 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 This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 F061797 page 4 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 This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 F061797 #31 page 5 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 This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 F061797 #31 page 6 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- This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 F061797 #31 page 7 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 F661797 #31 page 8 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 This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 F061797 #31 page 9 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? This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 F061797 #31 page 10 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 F061797 #31 page 11 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 F061797 #31 page 12 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 This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 F061797 #31 page 13 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 F061797 #31 page 14 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 F061797 #31 page 15 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 F061797 #31 page 16 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 This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 F061797 #31 page 17 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? This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 F061797 #31 page 18 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 F061797 #31 page 19 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 F061797 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 F061797 #33 page 2 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? This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 F061797 #33 page 3 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 F061797 #33 page 4 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of June 17, 1997 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