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HomeMy WebLinkAbout1997-07-15 AgendaSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office, 356J~'~40. AGENDA CITY COUNCIL MEETING July 15, 1997 - 7:00 p.m. Civic Center ITEIVI NO. 1. CALL TO ORDER: ROLL CALL. ITEIVI NO. 2. CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. Approval of Official Council Actions of the special meeting of July 2 and the regular meeting of June 17 as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions. (1) (2) (3) (4) (5) Iowa City Board of Adjustment - June 11. Parks and Recreation Commission - June 18. Planning and Zoning Commission - June 19. Design Review Committee - June 30. Recommendation to Council: Approve the design plans for Phase One of the raised platform and ramp along the Clinton Street side of Old Capitol Mall. Iowa City Board of Appeals - May 5. c. Permit Motions and Resolutions as Recommended by the City Clerk. (1) Consider a motion approving a Class C Liquor License for KJ Enterprises, Co., dba Roxie's, 2300 Muscatine Ave. (Renewal) (2) Consider a motion approving a Class C Liquor License for James. J. Tucker dba Tuck's Place, 210 N. Linn St. (Renewal) (3) Consider a motion approving a Class C Liquor License for Fraternal Order of Eagles Iowa City Aerie #965 dba Fraternal Order of Eagles Iowa City Aerie #965, 225 Hwy. 1 S. (Renewal) (4) Consider a motion approving a Class C Liquor License for New Walt's, Ltd., dba Memories, 928 Maiden Lane. (Renewal) #2 page 1 ITEM NO. 2 CONSDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. Nov/Moved by Lehman, seconded by Norton. Any discussion? All right. I'm going to mention several public hearings that are included in the consent calendar. Five of them, I think. One is for new floors in the Rec Center gynmasium and the Senior Center Exercise Room. Another is for Napoleon Park's softball field fences. Another is Library roof. The Willow Creek trail is the fourth one, and the Civic Center roof is the fifth one. All of these will provide a forum for public discussion on July 29 on planned specifications, form of contract and estimate of costs for each of these projects. Anything else? Roll call- (yes). The consent calendar has been approved. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 July 15, '1997 City of Iowa City Page 2 (5) Consider a motion approving a Class B Liquor License for Larken, Inc., dba Holiday Inn Iowa City, 210 S. Dubuque St. (Renewal) (6) Consider a motion approving an Outdoor Service Area for Larken, Inc., dba Holiday Inn Iowa City, 210 S. Dubuque St. (Renewal) (7) Consider a motion approving a Class C Liquor License for Vito's of Iowa City, Inc., dba Vito's, 118 E. College St. (Renewal) (8) Consider a motion approving a Class E Liquor License for Hy-Vee, Inc., dba Drug Town, 1221 N. Dodge St. (Renewal) (9) Consider a motion approving a Class E Beer Permit for Hy-Vee, Inc., dba Drug Town, 1221 N. Dodge St. (Renewal) (10) Consider a motion approving a refund of an unused portion of a Special Class C Liquor License for Pizza Hut of America, Inc., dba Pizza Hut #402041, 127 Iowa Ave. (11) Consider a Resolution to issue Cigarette Permits to Fraternal Order of Eagles Iowa City Aerie #695, 225 Hwy. 1 S. and Wig & Pen Pizza Pub, 1220 Hwy. 6 W. (12) Consider a Resolution to issue Dancing Permits to Holiday Inn Iowa City, 210 S. Dubuque St.; Vito's, 118 E. College St.; Fraternal Order of Eagles 225 Hwy 1 S.; Memories, 928 Maiden Lane. d. Setting Public Hearings. (1) CONSIDER A RESOLUTION SETTING A PUBLIC HEARING FOR JULY 29 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE REMOVAL AND REPLACEMENT OF THE ROBERT A. LEE COMMUNITY RECREATION CENTER GYMNASIUM FLOOR AND REPLACEMENT OF IOWA CITY/JOHNSON COUNTY SENIOR CENTER AEROBICS ROOIVI FLOOR, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE PARKS AND RECREATION DIRECTOR TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Comment: This is a two-fold project which includes the removal and replacement of approximately 8,485 square feet of flooring in the gymnasium and exercise room of the Robert A. Lee Community Recreation Center and the installation of 884 square feet of floor in the aerobics room of the Iowa City/Johnson County Senior Center. The floor in the Recreation Center is 33 years old, has experienced very heavy use, and has deteriorated considerably in recent years. The wood floor in the Senior Center will be a replacement of the existing floor that has deteriorated and lost its effectiveness. The new floor will be hard maple flooring designed to last 30+ years. Total estimated cost of this project is $103,500. July 15, 1997 City of Iowa City Page 3 (2) (3) (4) CONSIDER A RESOLUTION SETTING A PUBLIC HEARING FOR JULY 29 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE NAPOLEON PARK SOFTBALL FIELD FENCING PROJECT, DIRECTING CITY CLERK TO PUBLISH TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE PARKS AND RECREATION DIRECTOR TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION, Comment: This project includes the installation of a chain link fence around eight (8) softball fields at Napoleon Park. The softball fields have been undergoing reconstruction since being demolished as part of the South River Corridor Sewer Project. The completion of the fencing will enable the Girls' Softball program to return to Napoleon Park for the 1998 season. Total estimated cost for this project is $65,000. CONSIDER A RESOLUTION SETTING A PUBLIC HEARING FOR JULY 29 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY LIBRARY ROOF REPLACEMENT PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Comment: This project includes the replacement of the entire Library roof. The existing roof is seventeen years old and was seriously damaged in the May 17 hail storm. Temporary patching has been done but leakage still continues. The consultant engineer's report states that the replacement of this roof should be of the highest priority. Staff memorandum included in Council packet. CONSIDER A RESOLUTION SETTING A PUBLIC HEARING FOR JULY 29 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE WILLOW CREEK TRAIL, PHASE I PROJECT, MORMON TREK TO GALWAY HILLS, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Comment: Phase I of the Willow Creel< Trail Project consists of constructing a 10-foot wide asphalt trail from Mormon Trek Boulevard west approximately 3,450 feet to Galway Hills, generally along Willow Creek. The total estimated construction cost is $211,000.00 to be funded by existing General Obligation Bonds. ,July 15, 1997 City of Iowa City Page 4 (5) CONSIDER A RESOLUTION SETTING A PUBLIC HEARING FOR JULY 29 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE REMOVAL AND REPLACEMENT OF THE ROOF AND INSULATION ON THE CIVIC CENTER, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE PARKS AND RECREATION DIRECTOR TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. Comment: Over the past few years, leakage problems with the older sections of the Civic Center room have occurred with increasing frequency. A recent assessment revealed an abundance of wet insulation, necessitating removal and replacement of 19,245 square feet of roofing material and insulation. Asbestos abatement adds to the cost of the project. Due to cost considerations, it may be necessary to phase the work over a 2-3 year period. Bids are being requested on each of four sections in order to provide the City with the option to select which section(s) are affordable at this time. The estimated cost per section ranges from $25,000 to 885,000; the total estimated cost for all four sections is 822z~,000. e. Resolutions. (1) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A DISCLOSURE STATEMENT AND A 10-YEAR DEPRECIATING PROMISSORY FOR THE PROPERTY LOCATED AT 712 DEARBORN STREET, IOWA CITY, IOWA. Comment: The owners of the property located at 712 Dearborn Street, received a loan through the City's Comprehensive Rehabilitation Program on May 29, 1987, for 811,000. The financing was in the form of a Disclosure Statement and a 10- Year, no-interest, Depreciation Promissory Note. The terms of this loan were satisfied on May 29, 1997; thus, the lien can now be released. (2) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A DISCLOSURE STATEMENT AND A 10-YEAR DEPRECIATING PROMISSORY NOTE FOR THE PROPERTY LOCATED AT 1908 F STREET, IOWA CITY, IOWA. Comment: The owners of the property located at 1908 F Street, received a 811,000.00 loan through the City's Comprehensive Rehabilitation Program on May 27, 1987. The financing was in the form of a Disclosure Statement and a l O-Year, no-interest, Depreciating Promissory Note. The terms of this loan were satisfied on May 27, 1997; thus, the lien can now be released. July 15, 1997 City of Iowa City Page 5 (3) (4) CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE ,RELEASE OF A DISCLOSURE STATEMENT AND A 10-YEAR DEPRECIATING PROMISSORY NOTE FOR THE PROPERTY LOCATED AT 619 DEARBORN STREET, IOWA CITY, IOWA, Comment: The owners of the property located at 619 Dearborn Street, received a $9,100.00 loan through the City's Com, prehensive Rehabilitation Program on May 14, 1987. The financing was in the form of a Disclosure Statement and a 10- Year Depreciating Promissory Note. The terms of this loan were satisfied on May 14, 1997; thus, the lien can now be released. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A RENTAL REHABILITATION LIEN FOR PROPERTY LOCATED AT 942 IOWA AVENUE, IOWA CITY, IOWA. Comment: The owner of the property located at 942 Iowa Avenue received a 93,900 loan through the City's Rental Rehabilitation Program on October 31, 1986. The financing was in the form of a 10-year, no-interest Declining Balance Loan. The terms of this loan were satisfied May 6, 1997; thus, the lien can now be released. (5) CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER, STORM SEWER, AND WATER MAIN PUBLIC IMPROVEMENTS FOR MORMON TREK VILLAGE, PHASE I. (6) Comment: See Engineer's Report. CONSIDER A RESOLUTION ACCEPTING THE WORK FOR CONSTRUCTION OF THE IOWA C~TY LANDFILL FORCE MAIN PROJECT. Comment: See Engineer's Report. Correspondence. (1) Ken and Deb Sickels - temporary sidewalk (2) David and Susan Novotny - Sandusky Storm Sewer Project (3) (4) C. Kearns - Shaw shooting JCCOG Traffic Engineering Planner: (a) Stop Sign Installation at Rushmore Drive and Mormon Trek Boulevard (5) Civil Service Commission submitting certified lists of applicants for the following position(s): (a) Maintenance Worker I - Rec (b) Central Services Information Clerk ,July 15, '1997 ITEM NO. 3. City of Iowa City Page 6 (6)_ ._.Jaycees - 4tb o~f Ju~y,_ events [p~reviously dis~ibut~d.] , ~ ~ / PUBLIC DISCUSSlO~ (ITEBS NOT ON THE AGENDA). ITEM NO. 4, PLANNING AND ZONING MATTERS, Consider a motion setting a public hearing for July 29 on an ordinance amending Title 14, Chapter 6, entitled "Zoning," Article E, entitled "Commercial and Business Zones," Section 2, entitled "Neighborhood Commercial Zone (CN-1)," to permit any retail or personal service use in the CN-1 zone with a size limitation to help ensure neighborhood compatibility. Comment: At its July 3 meeting, by a vote of 5-0, the Planning and Zoning Commission recommended approval of the proposed ordinance. The Commission's recommendation is generally staff recommendation in the June 19 staff report. Action: 7~//~~ / ~~¢-~ consistent with the Consider a motion setting a public hearing for July 29 on an ordinance amending Title 14, Chapter 6, entitled "Zoning," Article N, entitled "Off-Street Parking and Loading," to increase the parking requirements for residential uses in the CB-5, Central Business Support Zone. Comment: At it June 19 meeting, by a vote of 7-0, the Planning and Zoning Commission recommended that off-street parking requirements be increased for residential uses in the CB-5 zone. Action: #3 page 1 ITEM NO. 3 PUBLIC DISCUSSION Nov/ This is for the public to talk to us about any item that is not on today's agenda. Please come forward, sign your name and address, and limit your comments to five minutes. Richard Twohy/ I did sign that before. My name is Richard Twohy, I live at 903 North Dodge, and I would like to recommend that the Council adopt a resolution which would provide for all the flags on City property to be flown at half-staff for a week beginning August 30, 1997, in memorial to our fallen brother, Eric Shaw, and as a reminder of our continuing duties to one another. Kubby/ A very nice idea. It would be nice for us to maybe talk about other things we might want to do. As a reflection. Ellen Widiss/ My name is Ellen Widiss. I live at 316 Kimball Road. And I'm here tonight because I've been told, in talking with a couple people from the City that you have been hearing a lot from people who against the notion of constructing a sidewalk on the east side of Dubuque from Kimball to the Park Road intersection and installing a walk light at the Park Road intersection, that you hadn't been hearing from people who are in favor of it. And I understand that this will probably be on the agenda for the next meeting, so I just wanted to explain why this, why you haven't been hearing. The letter that Dave Windall circulated a year ago on Kimball Road and in to you which started the whole, the current round of discussion of this. You know, I guess Dave was phoned when it became obvious that this was probably a good time to go ahead with this because of the planned construction on the west side of Dubuque. When Dave was ready to leave town for a vacation, since I had enthusiastically signed his letter, he brought up the file and he said here, and it may be on the ninth, and here are some other people who said they'll come if need be, but the Council seems to be leaning toward you. Meanwhile, of course, as you know, the property owners on Bella Vista were then notified and you began getting some negative comments. So I wanted to, over the last few days, see if my hunch was correct, that among other things, that it was not just the people who had signed the Kimball Road letter last year, but the people who lived on further up on north and north central Iowa City who cared. And I put some time in talking to these people on Whiting, Ridge, Oaldawn, Barish, who are walkers, and this is not an extensive survey, but I talked to maybe a dozen or fifteen people. The response was overwhelmingly enthusiastic. You know, lots of comments of"It's about time". A number of people who said we'd like to walk down Kimball and go on over to the river, but we've given it up because traffic has gotten so bad. One teenager said that, who lives on Oaklawn, said he plays tennis at City Park almost every day, and getting across Dubuque has become really scary. I mean, I talk to the City almost 20 years ago, when my oldest child reached ten, and was of an age to go across to the This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #3 page 2 park himself, and you lmow, got nowhere. At that point, we were talking about a stoplight at Kimball, and you know, we solved it by always walking him down to the comer and crossing him. But the volume of traffic has become much heavier, I mean even for adults now, it's impossible at the high-traffic times of day, as I'm sure you know if you go out there at all. And even midday, you know, it's intermittently quite challenging. Several people told me tales of near misses that they had been, that they had experienced. You know, where they thought they had a safe opening and it turned out to be not so safe. I heard one tale of crossing at the light, but since there is no walk signal, misreading, you know, forgetting that Dubuque, the Dubuque traffic is activated in two segments, and starting across when the other light turned red and having someone slam on the brakes and yell at him for being a fool. You know, it is a serious problem. I, so I hope very much that you will go ahead with plans to construct a sidewalk, and I'd like to take the rest of the time to just say I hope that you will do it, and in a minimally intrusive way. It's not going to be super high-volume. The kids from the Mayflower will continue to have to walk on the west side because you can't get from the Mayflower to Irdmball on the east side, the hill comes right down by the road. So it's going to serve only the people, but importantly, the people who live on Kimball, the people who live further north on Barish, Oaldawn, Prairie du Chien. As we were leaving for the meeting tonight, my neighbor and I met a friend who lives out actually across the interstate who was walking. And she said, you know, she'd love to do it more often, but she can only do it if it's, if she has a reason to do it at a low-traffic time of day. So essentially, what you have is a sizable population that lives tantalizingly close to City Park, and who the whole west side university campus, that is cut off from pedestrian access, or from, say, bike access. And construction of this one block of sidewalk, even a rather narrow sidewalk, you know, three feet would certainly meet the need. I would think that if you did it maybe four feet in, you know, started it four feet in from the curb rather than the six feet that I hear were being considered, and made a three-foot sidewalk, you know, it wouldn't even require much of an easement from the owners, and it would require removal of far fewer trees and other greenery, and far less reconturing of the land, and would be far less expensive to build. So I would hope that, I would urge you to consider that alternative, that you go ahead and build a sidewalk finally. Thank you. Kubby/ Thank you for coming down. Nov/Thank you. Jerry Peck/ My name's Jerry Peck, and I live on Kimball Road. And I, it's rather necessary for me, ifI do want to walk to work, and I work at the hospital, to cross Dubuque Street. And I can't really cross Dubuque Street where the light is because it's more dangerous than trying to cross Dubuque Street actually at the foot of Kimball Road. So every day, in the morning, I cross, it's not too difficult This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #3 page 3 to cross in the morning, usually pockets of no traffic. I cross about seven in the morning. But boy, about 4:30 in the afternoon, I really feel like the athlete I'm not, trying to get across there. And sort of, like Cal Ripken and I have a good streak going over a couple of years of crossing at 4:30. But I, once in a while, when I start to make my jog, when there's a pocket of no traffic, I think God, what if I tripped and fell. Here I am sprawled, and things like that go through your mind. And I would appreciate safely being able to cross, because I do continue, intend to continue to walk to work. Thank you. Kubby/ I'm glad to hear people walking, such a good thing. Norton/ Can I ask you one question? Peck/Yes sir. Norton/ What, if you walk, if the sidewalk were there and you went up to the light at the bridge, would you then feel comfortable getting across at that light? Peck/ Yes, I would. Norton/ People are turning as well. Peck/ If there was a walk light there. Only if there's a walk light. Norton/ (can't understand) Peck/ I would not feel comfortable trying to cross the way the traffic signals are now, because I don't think anybody's looking for pedestrians when they decide to turn onto Dubuque from Park Road bridge, and it's as Ellen, I think said, it's pretty dangerous there. Nov/ What we really need is a push-button walk light, so it would be activated only if someone used it cross - Norton/ Yeah. Kubby/ When we talked about this issue a couple of informals ago, we were very favorable towards continuing to talk to the property owners who were more interested in participating and helping them become more interested in this issue. Nov/ Well, the staff is still talking to them. Margaret MacDonald/ My name is Margaret MacDonald. My name is Margaret MacDonald, and I live at 400 Foster Road, in Iowa City. I can't come before you This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15~ 1997 F071597 #3 page 4 for any reason without first saying thank you to each of you for all of the service and the work that you do to help make Iowa City the place that it is, in which we live. So again, thank you for the time and the effort that you all spend here day after day and many nights after nights. I come before you this evening to request that you defer action on the bids for the work on the north side corridor sewage disposal plant until we can have a report presented by the Army Corps of Engineers. They had come and studied our place and will have a report, but it is not ready as yet. We hope it will be in a few days. So, we would like to respectfully request that you defer any action on acceptance on those bids until that report can be seen. Thank you, and thanks again for service on this and many other subjects. Thank you. Nov/ What are the possibilities there? Steve Atkins/ We do have a time frame. I'd have to defer to Eleanor on that particular angle, and Chuck will be here a little later on to -- Eleanor Dilkes/ This is item 30 on the agendas, and I lmow Chuck is planning on being here for that item, so maybe we should defer discussion of that -- Nov/ All right, we'll discuss it at that time. Kubby/ Although I'd hate to have Margaret have to wait till Item 30. It'd be nice -- Thornberry/ Maybe Bill could take her out for a cup of tea or something. Baker/ We can certainly contact her immediately, tomorrow morning, and talk to her or Bill. Dilkes/ I can tell you we have received the letter from the Corps stating that we fall within the nationwide permit, so, on this project, so, we have received that. Kubby/ Meaning, when we fall into a nationwide permit, what does that mean? Dilkes/ We don't need a specific permit for this project, they have issued us a nationwide permit, which if certain parameters apply, you fall within this nationwide permit, it's not a specific permit. Kubby/ It's not a wet enough or big enough wetland that we're near that it would require a Corps permit. Is that correct? Dilkes/ A specific permit. As I understand it. Again, I think Chuck can speak to that. Kubby/ Okay. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #3 page 5 B~er/ Maybe if Mr. Meardon is here now, we can get some clarification on if we have this report from the Corps, what is it that we're going to be getting from them that's different? I know this is out of-- Bill, come up to the microphone. Nov/ Please speak into the microphone. William Meardon/ My name's Bill Meardon. This last week, a member of the, or a representative of the Corps of Engineers, a man by the name of Walsh, came to see the MacDonald property, stated that he had been directed to come out and make an investigation of it, and that he would be filing a report within the next few days. So, the purpose of the letter that I sent to you today was to simply wait until that report comes, because it should be here any minute. I should say any day, I don't think it'll be here tonight. But, I don't know what harm that would do. Another option would be to go ahead with it subject to the report. I cannot tell you what the report says, but I understand that there are some things to be cleared up. I visited with Chuck Schmadeke about it, and he told me that there were some things that would need to be done. Now, whether that is real reason for a deferral is up to the Council. But I submit that it's not going to be something that is earth-shattering if you wait a few days before you appoint a bidder. Thank you. Kubby/ Thank you. Mary Lukas/ Well I'm actually a sidewalk person. My name is Mary Lukas, and I live at 406 Kimball Road. I've lived there three or four years. I walk to the Wendell- Johnson Speech and Hearing Clinic on a daily basis in the summer, I'm employed there as a supervisor in the summer residential program, at the University, that's over near the hospitals for anyone who's not familiar with the Wendell-Johnson Speech and Hearing Clinic. I have almost been hit twice by people pulling out from Kimball Road in the morning because I walk at about the same time that many people are traveling to work. And when I say almost been hit, I mean to be very specific, I will be crossing east to west at the bottom of Kimball Road, and people who are pulling out from Kimball Road and heading south onto Riverside Drive, are the people that I have to be watchful of. I think what that involves is perhaps consideration on the part of the drivers. But that notwithstanding, my near-misses would not occur ifI were able to walk comfortably to the walk light that's already there, and be able to cross at that light. So, I would be very happy to not only see a sidewalk on the east side of Riverside Drive between Kimball and the Park Road bridge, but I would also be happy to help maintain it. Kubby/ All right, there's a commitment. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #3 page 6 Lukas/ I shovel snow really well. I guess, my understanding is that the plan currently, or at least one of the proposed plans is to do a six walk, a six-foot, sort of midway and then a six-foot sidewalk, and I understand that that would, or I understand that some of the homeowners up on the bluff above Riverside Drive are concerned that that twelve-foot easement would bite rather substantially into not only the trees that currently exist on the property, but also just the property that those people are lucky enough to enjoy. So, I would be very happy to accept a four-foot and a four-foot situation, or something that is, that take slightly less, or substantially less of what is, what the current proposal is for. I also happen to know that a number of young children live not only in that immediate area, including up on the bluff, but in the surrounding area, that would be the Shimek school district. And while currently, the Shimek school boundaries don't overlap or go over Riverside Drive, I would suggest that those children that live up in the Shimek area probably would be some of the heavier users of City Parle. So, I would love to see our children be protected by having a walk availability for them. Nov/ Mary, you just said Riverside Drive. Was that what you meant, or did you mean Dubuque Street. Lukas/ I'm sorry, I mean Dubuque Street, I'm sorry. Yeah, that would really be a long run. I would deserve to get hit if I were running that far. Thank you. Nov/ Well Riverside Drive does get part of the Park, but ~- Lukas/ Right, I lmow -- no, no, I was thinking Dubuque Street and saying Riverside Drive. No, I'm sorry. I was trying to be specific, and I missed, I missed the ball there, but that would be Dubuque Street. Thanks. Kubby/ Thanks. Christiane ICnorr/ Some people have to put their glasses on. I have to take mine off, in order to see. My name is Christiane Knorr. I would like to support the speakers prior to me. I live at 330 Kimball Road, and I have raised four children on Kimball Road, going to swimming lessons, City P. ark, catching a school bus, and I have always been glad that nothing happened. However, I walk and bicycle regularly, and I notice that the traffic has definitely increased on Dubuque Street. And like Mary said, even if Dubuque Street's free, you have to deal with the turning traffic on Kimball Road. And I am very glad that the City Council is considering changing the situation on Dubuque Street. This morning, I walked down there, because I read the letter of the property owners on Bella Vista, and I understand their concern. They don't want -- it's beautiful down there. They have planted a hedge that's turning, blooming red in fall. It's really a nice sight to see. And they have beautiful sycamore trees. So I wanted to see what we were really dealing with, and I was very pleased to see that there is, in most, that most This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #3 page 7 of the area has a wide strip where the sidewalk can be built, except where the gully is, and this is, I don't know, it's not a very precious tree that's growing there. It's probably the only tree that needs to be taken down in order to put the minimum sidewalk in there. And I think it could be done without destroying the beauty of this slope coming, of all the vegetation growing on the slope from Bella Vista. And people up there could have their privacy. They should not be concerned that people can look clear up to their houses. Thank you very much. John Shaw/ My name is John Shaw. I own some property on Bella Vista. The piece of property I own does go down and abut the City's right-of-way on Dubuque Street. When we first received a phone call, most of us got it on answering machines, from Chuck Schmadeke, requesting that our opinion of granting and easement, I think that virtually everyone I talked to was very much opposed to it. I told Chuck that I would go around to the neighbors and collect opinions. He told us that it was his opinion at least that if no easement was granted, that there would probably be no action on the sidewalk. I wrote a letter to Chuck, expressing the opinions of all the property owners, and they felt that they did not want to grant an easement. I've gotten a tape of the council meeting at which it was discussed, and have read the minutes and understand that there was some resolve shown to put a sidewalk in. My thinking on this matter has traveled dramatically since the issue first cmue up, and I feel that we can put a sidewalk in down there that will be acceptable to everyone. I think that we can find ways to move around the trees, to let the sidewalk function as it should in a safe manner, and also allow the vegetation and the trees to operate down there. One of my concerns -- I have two, small children that play on the hillside -- one of my concerns was coming through and leveling all that off, right now, we have the terrain there that creates more or less a natural barrier from the kids being very close to the street. I think that can be accommodated. Right now, we have, I have made an appointment with Chuck Schmadeke, Ellen Widiss, Hal Peters, one of my neighbors, and Dave Windall (??), I don't think Dave lmows this yet -- yeah, fight, because he isn't back from vacation yet. But this was done with his knowledge. We are going to meet Wednesday the 23rd, I believe, at nine o'clock. We're going to walk the area. We're going to see what can be done, and we are going to come up with the most workable compromise for everyone, and I think that a sidewalk can work down there. My thoughts have changed. Kubby/ That's what you call building community. Nov/ Sounds like we're going to have a sidewalk and everybody's going to be happy about it. Thomberry/ Well maybe not everybody's going to be happy. I applaud the neighborhood for working together to try to find an amiable solution. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #3 page 8 Bob Kemp/ I'm Bob Kemp. I'll just talk a bit about the Senior Center, what's going on. July was kind of a good month. We had a Fourth of July party, ice cream. Later on in the month, we had an opera group here. And I don't know how you sounded this morning, Dee, in the shower, but there's going to be tryouts, and if you feel like it, I think you still could have time to make it. We also have two things before the Council here, coming up very soon, and that is new flooring in the Activity Room. That Activity Room is a room that gets a lot of activity, a lot of stomping, and I think it's finally, I think we're finally aware that it has a particular use, a continuing use, and probably it's going to call for a kind of floor that meets or beats the demands of the kind of people using that room. And you'll be hearing more details of that. I think it needs to be chosen for this particular room. The second item that you'll be coming into contact with later is the business concerning the temperature control system, making it compatible with the system here in the Civic Center and others. We had a report on it last month at the Commission meeting and I'm really, I really hate spending money on almost anything, and I asked some kind of nasty questions because I'm never sure modernization brings about enough to warrant the thing. But I think probably with kind of a limited staff of one person and the kind of expertise we have here at the Center to advise a person talcing over this fairly complicated system, it's probably worth considering this kind of change. And I lmow you'll be hearing more about it. But it's probably one that has worked in many places and will probably work well there in the Center. Finally, back to more important things. Last month, you received a copy of our Commission's goals. And since this will be my last time before the Council, since I will be going off the Commission in December, I want to talk just about two personal goals that I think are really kind of worthwhile, and I just want you to consider them, because you'd have to consider them. One is to set up an investment club. Not that we would be making money or losing money, but we would do it because my concern really is to kind of socialize the Center. To get people in who like to do things, and just because they like to do it. And I think an investment club is one that really captivates a lot of those kind of qualities. And the second thing that I'd like to do as a personal goal is to change that institutional lobby. And my vision is to have that into a kind of coffeehouse, tearoom, where people come and they, it's a place where you walk in and you feel like you want to sit down and talk. And you kind of socialize a little, drink a little coffee, have a little high tea once in a while, get fancy. We have people like you with great thoughts in your minds come down, and we have a, we share -- Council/ (Can't understand) Kemp/ Well, I said I was done. To share topics, I mean we can even have a topic of the week, once in a while we can sit down and talk about. Just, and sometimes we could have a common man, I mean everybody, you don't have to be ninety to go there, and sit down and talk. And I think we could change that whole feeling, This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #3 page 9 about not being classy, and I'm not talking about any of those kinds of things that draw people, and interest people. But I think a Center that has, that brings people in because they want to socialize and have that. And I think that lobby has possibilities. I'm not good enough at those kind of things to see quite how to do it, but I think it's possible to do that. Anyway, before I'm out, I want to request that. I've talked to some of you already, and I'm hoping some more of you will be interested in it. Any questions or comments? Thornberry/ Irdnd of a Frenc Kemp/ Well, we'd take the it. Thomberry/ That type of ff h, sidewalk car6 atmosphere, wouldn't you think -- rrench if we had to -- actually in a sense, yeah, that would be ing is what you're talking about. You lmow, I walk in, I walk in that Senior Cente: sometimes, and it's still reminiscent of the old Post Office. Kemp/ Feel like you want ~o mail a letter or something. Thomberry/ The entrance, well yeah, you lmow. Nov/ We could add a mailbox. ??/ Dean'11 come by to pick up packages. Thornberry/ Well yeah, it ~_oes. But you lmow, it's a little harsh when you walk in right Kemp/ Actually, I could m, ake it the feeling of a small town Post Office, if you want to take the Post Office analogy where people come in and they sit down and they talk. Maybe sometlc_ing important, maybe nothing important. But you had the feeling that you war.t to sit down. You come here to socialize, not to, maybe not do some other great things. I think it's a real possibility, and I think it would be a fun experience, and I hope very much that we can do something about it. Dee? Norton/ I'll have to get back to you later. Great idea though. Kemp/ You want to try out right now? I'll be honest with you -- Norton/ It's a great idea to (can't understand) atmosphere, and I can understand your point. But I also ho-~e that you will encourage some of the people who come to the center to also spend some time out in the Ped Mall. We need a mixture out there. As you can ulderstand. Kemp/ That's right. I und6rstand. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #3 page 10 Norton/ The presence of adults is a moderating influence on other influences. Kemp/ Yeah. Norton/ We hope you're out among 'em. Kemp/ I'm a person who loves the Ped Mall mighty well. I think it's one of the really great things about living in Iowa City. I think our Friday nights have been truly wonderful. I like to sit. I sit there quite often there in the little place, and do stuff. Maybe eat a hot-dog sometime. Anything else? Nov/ Good discussion. Kemp/ Thanks for your time. Nov/ Thank you. Is there anyone else who would like to talk? Candida Maurer/ My name is Candida Maurer and I live at 627 Bradley Street. And I'm coming to this Council tonight to talk about something that I really love. And what I love is Hickory Hill Park. And I think that almost everybody up here would say something about Hickory Hill park and the wonderful, and unique place that it is for all of us. I love walking there. I've found birds there that I've found nowhere else in town. I see deer. I wade in the creek. It's a beautiful place. I especially love the peace and quiet in Hickory Hill Park. It's a treasure to be able to sit in the middle of town and find just the sounds of nature, and what a rare and beautiful thing that is. And I love to sit on one particular hill that overlooks acres of farmland, woodland, and acres of natural, undeveloped beauty. Now my concern is that all of this is being threatened, in my opinion, by the First Avenue extension. I'm coming before the Council tonight to call attention to this threat. Although the First Avenue extension will not run through the Park itself, and I do understand that, it will bring approximately 4,000 cars per day along the eastern border of the park. This proposed road will effectively divide several undeveloped, sensitive areas from the park, dividing wildlife such as deer and birds by a major arterial road with 4,000 cars per day. That's a lot of cars. And with those 4,000 cars will also come houses, of course, lots of houses and lots of people. It will fill up the area. And what I'm very, very concerned about is the amount of noise that's going to engender, the amount of air pollution, and the disruption of our last wild, public space. In 1995, the City Council voted to remove the First Avenue extension from its five year capital increasements projects. Now, in 1997, suddenly, it's voted in and there's a road that's supposed to be built in 1998. I have to ask why? What is our incessant need here to build on and develop the little that is left of our precious and fragile park? When I phoned Jeff Davidson, Iowa City's transportation planner, to ask why there was This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #3 page 11 such a push to build the First Avenue extension now, he stated that among other things, there are, and I quote, "Several property owners who want to develop the area." End of quote. Well, I have a problem with that. In my graduate school program, one of the things I was taught is how to make difficult decisions. And part of that is to seek a higher good. One way to determine the higher good is to weigh the needs of the many against the needs of the few. I wish to put before you tonight that the people of Iowa City, that it seems to me that the needs of the few, the property owners, are being put above the needs of the many. And by that, I mean the needs of the thousands of people who use Hickory Hill Park. I hope that in the weeks to follow, many people will come forward. And I'm here tonight to get that kind of interest to come out and talk to you. And I want people to express their concern and whatever their feelings are regarding the possible discussion of this last little bit of park land that is not surrounded by development. The current draft of the Iowa City comprehensive plan states that one goal is to "cooperate in devising ways in which citizens of Iowa City can be informed about local issues and be active participants in setting the community's agenda." The plan goes on to state that the City will "further enhance a metropolitan transportation planning process that is open to community input." Finally, the plan states that one major goal is to protect the historical and natural environment within the City." Yet, the planning of the First Avenue extension has been done without public knowledge or input regarding its effect on Hickory Hill Park. I therefore am asking you tonight to honor the comprehensive plan by allowing public input on the decision of how development will proceed around Hickory Hill Park. I am asking that you schedule a public hearing on this issue before any public funds are spend, and before further actions are taken. I'm also asking the people of Iowa City to come forward, and to let the Council know of their feelings about this proposed development. This is a very important decision. One that will potentially destroy the unique character of the Park as we know it. Once the road is built, it cannot be unbuilt. It certainly should not be built without public participation, and in my opinion, it should not be built at all. Nov/ Thank you. Maurer/ Thank you. Derek Maurer/ Hi, I'm Derek Maurer, I live at 328 South Governor Street, and I'm here tonight because I agree with everything my older sister says. Nov/ Oh, that's (can't understand). Derek Maurer/ I couldn't state it more eloquently or beautifully than she just has. I can only echo her sentiments and just reflect that yes, some years ago, this project was, has been proposed throughout the years. It has always generated opposition by citizens. And some years ago, it was removed from the capital plan., from the This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #3 page 12 improvements list. Now, all of a sudden, it's back, and it's at the very top of the list. And I'm concerned that those who we know are out there and oppose the project have not had an opportunity to speak to you about it, or to participate in the decision process. And I, too, urge you to find a way to halt the work that is already in progress on this project; to undertake your best efforts to inform the public about this project; to solicit broad-based participation; and to hold public hearings on the issue, talcing into account the effects this project will definitely have on Hickory Hill Park. Before I close, let me thank Karen Kubby and Larry Baker for their votes. A few weeks ago, to not supporting the funding for the design work and the land acquisition. And in light of the revision to the comprehensive plan, which you will be reviewing soon, which in many instances call upon the city to foster an atmosphere and a working system of public participation in the community's important decisions. Please, please, reconsider what is happening, and bring the public into this process. Thank you very much. Nov/ Thank you. Anna Buss/ Oh no, it's her again. I'm back. I invite all of you who I haven't called yet to come over to First Avenue and -- Nov/ Anna, Buss/ For the project Nov/ For the tape, state your name and address. Buss/ Oh, it's Anna Buss. I live at 1213 First Avenue, sorry. For all of you who I haven't called, or my neighbors have not called, we invite you to come over and see our First Avenue project. Gee, it's fun. Our trees have never looked worse. We all realize that some of the trees need to be cut to a certain extent. We've all had our disagreements with MidAmerican Energy. We've all been told the same thing, that we have to do this cutting. I know that I was in Des Moines recently, and in one of their older districts in town, they have dealt with the problem of highline wires in a different manner. When asked about why MidAmerican did not do that, we got a variance of answer. When I talked to individuals from the City, that it came back to MidAmerican versus the City and back and forth. So, my neighbor and I proceeded to feel as though we got the run-around. Had my neighbor not been home and called me when I came home, I hate to think what my trees would've looked like had we not been there. We did ask MidAmerican to please put the poles up first, string a line, and then see where the trees needed to be cut. They didn't do that further down on First Avenue, and when you drive down there, you can see what's happened. For all of our neighbors who live on this street, it's going to turn, I mean it's already a real busy street, it's going to get worse with the three lanes. We use our trees as a matter of kind of a quieting This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #3 page 13 sense. If you drive by, you'll see that my next-door neighbor to the north of me, and I, our trees kind of cover our front windows to a certain degree, so they do block out a little bit of the street noise. Now, we have not only gotten it from the front direction, of course, they got our alley as well. They can, and have really, and we understand the fact that these pipes had to be laid. But sometimes, and it's from the other side of the podium I can say this, 'cause it's easier I think from over here than from where you sit, sometimes I think that the City is penny-wise and pound foolish. They had the opportunity to cement the alley behind us, and they did not do so. If you will take a mere walk through the alley, you will notice that the drains that are meant to drain the water are in, one ofthem's in gravel, and the other one's just a few feet in on the cement. And the way that it's going to drain the water, unless we have a lot of rain, can't get to it that well. And I'm not engineer, but I'm also, I don't think water runs uphill, it didn't run uphill a number of years ago when I lived on Broadway Street, and I'm going to tell you, I'm back to tell you it doesn't run anymore uphill now. It never has. The way that those drains are sitting, they're going to fill with rock at some point, and you ought to take a look at what you had the chance to do and didn't do. We were told it was too expensive, because it was a City Council decision whether it was paved or not, and because of the price. And it's not paved, now it's just paved back to where it was before, and a little bit beyond that because they had to replace the cement. This is one point when you guys had the chance to come forth and actually do something a little extra that would have made all the neighbors very happy. And didn't take the chance to do so. Across the street from me on First Avenue, it's my understanding that you're going to be putting in eight-foot wide sidewalks. Is that correct? On First, is that correct? Nov/ Yeah, there will be eight-foot wide sidewalks on one side. Norton/ The south. Buss/ Well, again, First Avenue, a number of years ago, I lived on First Avenue before there were traffic lights. It was a very dangerous situation then for children, and that was in the 1970s. The traffic on First Avenue has gone many times over what it was then. And now, you're putting an eight-foot sidewalk on a street that's going to encourage kids to have their bikes there. Wouldn't it have made more sense to put something to encourage kids to go a block over, so they weren't dealing with the First Avenue traffic. On this one, it's not too late. You can still cut the sidewalk back down to where it's not so wide, because they haven't started yet. With Southeast Junior High School there, the kids don't have any business being on First Avenue expect for where there's a light to cross the street on Bradford and down on Muscatine. And I envision that those kids are going to come along with their skateboards and their rollerblades; they're going to be in a hurry on their way to school. And with that sidewalk being as close to the highway as it's going to be, you're inviting trouble. This is something you still, This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #3 page 14 this is an issue you can still revisit. It's not done yet. They haven't started churning anything out. You can still look into this. The project is apparently behind schedule already because, it was my understanding that they were going to be starting on the front part of the side-, the street before this. So, when school starts, and it will soon, it's my suggestion, as well as some other people's suggestions, that maybe it would be best to have a traffic patrol officer down where the school entrances are, to help those kids get across First Avenue, especially they cut across down by the railroad tracks, all the time, they don't wait for the light. Now this happens all the time whether there is construction or not. And I can tell you, when you travel First Avenue certain times of the day, there are blind spots. So, with that in mind, I mean, it doesn't take much common sense to figure out that traffic and children don't go together. I'm lucky I don't have little kids in school, so this really isn't an issue that would necessarily be that important to my family, but I'm telling you, I've been on that street long enough now to lmow that if you watch in the morning, when the kids are going to school, it's already a problem, and again, with those sidewalks being wider, I think you're encouraging another problem. Kubby/ Anna, do you think it's realistic that kids will go a block to the west and use Second Avenue, for example? Buss/ You know, we've been over there and we've looked at that. We've walked over there. And you lmow, it's, ifI were a homeowner over there, I would probably be upset if the sidewalks were wider over there. But, the idea that an eight-foot wide sidewalk, I mean there's not going to be much of a buffer zone between where that sidewalk stops and where the street is. They're going to be pretty much right beside each other. And in the are over there now, where that is, we have one slice of sidewalk that is right along the street. Come and watch the skateboarders and the bikers when they're on that part of the street. I mean, with no grass between the sidewalk and the street to stop them from bebopping off and on that curb. It's going to be a problem. Nov/ I don't think that a wider sidewalk will increase that problem. I think the problem will be there no matter what the sidewalk is, because that's where the kids want to be. Buss/ Why does the sidewalk have to be eight-foot wide anyway? Kubby/ Well, we have a policy that -- Nov/ To allow bicycles to pass each other. Baker/ Anna, you can make a really compelling case that an eight-foot sidewalk is much safer than a four-foot sidewalk along there. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #3 page 15 Buss/Why don't you come over there for a morning. Baker/I drive that street every day. Buss/ Okay. Well, like I said, it is encouraging more traffic, and it is encouraging more kids, and you're inviting them closer to traffic. Kubby/ But it's something that we do on every, new arterial street or re-developed arterial street, to have four-foot sidewalk on one side, and eight-foot on the other, so that we encourage people not to use their cars, but to give room for other modes of transportation on the sidewalk, to make it safer for everybody. That's the purpose behind it. You may not like that policy for that specific segment of First Avenue because of how fight things are. It is (can't understand). But I think that having the extra concrete makes people after too, in terms of you've got more room to get away from the street when no one else is on the sidewalk. Buss/ Okay. Kubby/ And are there things we can do to further communicate with MidAmerican how important it is, when they're involved with projects, that we're asking them to do the specific work because it's our initiation, not their initiation; that they be sensitive to the fact that people's landscaping is real important to them, and provide more than just an aesthetic sense, that it provides a buffer for noise, vision, and pollution. Steve Atkins/ As you lmow, we had a little dispute over tree-trimming a few months ago, and at that time, Terry Robinson, our City Forester, challenged those folks, and in fact it's a franchise agreement, and made a statement to the fact that, I've not seen these particular trees. This has unfortunately is becoming a common complaint now, with the quality of the worlauanship we're seeing. I'm not sure though, what we can do. Nov/ Well, though -- Atkins/ (can't understand) Nov/ In this case, though, we did get them to string some wires first, and then be sure they were not trimming the trees. Kubby/ I think the neighbors did a good job of demanding that that not happen. Nov/ Yes, they worked on it. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #3 page 16 Baker/ Steve, could you ask Terry to go back out this week and look at that again? Atldns/ This one? No, not this particular project. This is the first I've heard on this one. I'll check this with him tomorrow, yeah. Lehman/ I thought though, from some correspondence from Terry that there had been some sort of resolution of the difficulties. Atkins/ I thought that also. Lehman/ I mean that was the inference that I got from the communication -- Atkins/ I got the same thing. Lehman/ We got copies. Kubby/ Well, that may be true, so just imagine how bad it would've been. Lehman/ Yeah. Kubby/ So, maybe we just need to continue the conversations with them and -- Atldns/ I'll check that tomorrow. Kubby/ And make sure -- Dilkes/ I don't think there has been, I dont think there has been a resolution on that. That's one of the things that Terry and I need to sit down, and Steve and Atldns/ I thought Terry understands, at least I thought he understood, at least I thought that the statements he made was to the effect of calling out those provisions to the franchise agreement. Dilkes/ I think there's a dispute between us and MidAmerican as to who has what authority. Atkins/ I certainly think so, yeah. Thornberry/ One of the comments, Steve, before we get started, I'm sorry, Karen, did you have something? If we have an opportunity, and I don't remember, Steve, I don't remember for the life of me, did we vote to not pave an alley? Kubby/ I don't remember. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #3 page 17 Atkins/ I don't recall we voted to pave or not pave an alley. I suspect, and again I don't know these circumstances, and again, I'll view it tomorrow, we replaced what was there. Thornberry/ Right. Atkins/ I'm assming it's a private alley, and that we've traditionally not taken the publie's money to improve a private alley. We would replace what's there. Nov/ There was one of these neighborhood surveys: Do you want this? Are you willing to help pay for it? Atkins/ And usually, as you know, in our experience it's rejected. Thornberry/ I don't, I don't remember voting against it, not paving an alley because of funding, I just don't remember it. Atkins/ Probably, again, I don't know who said what to whom, but I suspect what the contract called for was a replacement of what was, what was there. Thornberry/ Right. Nov/ Right. Atkins/ I will find out about the issues, yes. Norton/ You'll check with (can't hear). Atkins/ Yes, I'll check for sure. Nov/ It is my understanding that the neighbors abutting on the alley did have an input on it. Atkins/ I assume so, that's normally the case. Thornberry/ I didn't vote on it. Atkins/ Okay. Thornberry/ I didn't vote on -- Lehman/ Dean, I strongly suspect that if we replaced the pipe, under a gravel alley, that we would not use City funds to put paving back where there was gravel. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #3 page 18 Thornberry/ No. Lehman/ But that's what we did. Nov/Right. That's -- Atkins/ We replaced what was there but -- Thornberry/ Here's the man, maybe you can help shed some light. Rick Fosse/If you recall a few weeks ago, at the public hearing for the project, Anna Buss asked that if, when we put the storm sewer down in the alley, which was a grass alley, if we could put gravel back. And the agreement was that we would do that at no cost to the property owners. So the alley's been upgraded from grass to gravel, and if you choose to upgrade it again to concrete, our policy in the past is to do that by assessment to the adjacent property owners. The storm sewer's in place, and we have an excellent base for the concrete now, with the gravel, so it's your call. Thornberry/ It's a good base though, now. Fosse/ Yes. That's the history on it. Kubby/ Eleanor, how do we go about resolving this dispute about trimming trees between MidAmerican and ourselves? Dilkes/ Well, Terry and I have met, and we're in the process of, we're hoping to gather some more information and we just need to sit down and decide what the best course of action is. Kubby/ But it's in the works. Dilkes/ It's in the works Kubby/ To figure out what our course of action -- Thank you. Grace Trifaro/ My name's Grace Trifaro. I live at 902 North Dodge Street. I'm also with Citizens for Animal Rights (can't understand), and I'm not sure I'm allowed to bring this issue up, although I see that the Exotic Animal Ordinance is Item number fifteen. And I just wanted to put in a last-ditch effort for the animals, and ask the Council if you were able to view the videos that were forwarded to you from Misha Goodman regarding circuses and rodeos. This was videos that were covering investigations by the Humane Society of the United States, and I was This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #3 page 19 wondering if you were able to view those videos before you make a decision on the final ordinance. Nov/ We did give this issue quite a bit of discussion a few weeks ago, and there wasn't a majority in favor of your point of view. Trifaro/ So-- Kubby/ The videos were here and they were in the Mayor's office for people to get if chose to view them. Thornberry/ We also discussed this at length last night. Again, it was brought up. Trifaro/ Yeah. Thomberry/ Not specifically rodeos, but the animal ordinance. Nov/Yeah, the permit fees and fines that we discussed last night. Trifaro/ So you're going to vote tonight on a final draft of the ordinance. Norton/ About banning them altogether, yeah. Nov/ Yes, the ordinance is up for third reading today. Trifaro/ Okay. Baker/ One question I've neglected to ask Grace before. It seems like the logical object of your efforts would be at the state level, not the local level. Have you attempted that or has some work been done at that level? Trifaro/ Well, ironically, we have attempted issues regarding animal issues such as the exotic animal ordinance, at the state level, and that's why we have pushed at the local level, because we have not been successful. So, we've come to the conclusion that working at the local level works better, because it's kind of like a domino effect, I think, one can use that as a good example. But I was just wondering if you were able to view the videos because there was a lot of time and effort put into that, and I hope that that will guide your conscience when you vote on this. Also, I do live at Hickory, near Hickory Hill Park, too, and I'm glad that citizens have come up to fight to keep it preserved. I have been attending the Deer Task Force committee meeting, and that was one issue that I brought up and was brought out, is how does destruction of local habitat affect the deer, so that's one thing to consider, you know, when you're maldng decisions about Hickory Hill as well. Thank you. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #3 page 20 Thomberry/I will say one thing about the rodeos in Iowa City. I was born here in 1941, and I have yet to see my first rodeo in Iowa City, so it might be a long time coming. Kubby/ Hey, if we end up annexing the County Fairgrounds, that's going to be where it happens. Nov/ Well, that's where it happens now, it just isn't in the City. Kubby/ Right. Well, if we annex, it will be in the City. Nov/Yes. Okay, moving on. Is there anyone else who would like to address the City Council on an item that it not on today's agenda? Thank you all for coming. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 July 15, 1997 City of Iowa City Page 7 Consider a motion setting a public hearing for July 29 on an ordinance amending Title 14, "Unified Development Code" of the City Code by amending Chapter 9, Article A, entitled "Parking Facility Impact Fee" to revise the formula for payment in the CB-5 Zone. Comment: At the City Council's May 5 work session, a decision was made to proceed with amendments to the zoning ordinance and the Parking Facility Impact Fee Ordinance, as those ordinances relate to required parking for residential uses in the CB-5 zone and the ratio by which fees may be paid in lieu of required parking. The ordinance under consideration requires that a fee equal to 75% of the required spaces for any residential use in the CB-5 zone be paid and that no fewer than and no more than 25% of the required parking spaces be provided on site. Action'. Amendment of Title 14, Chapter 6, entitled "Zoning," entitled "Sign Regulations," to permit projecting signs as a provisional sign in the CB-5 and CB-10 zones. Article O, Comment: At its May 1 meeting, by a vote of 6-1 with Chait 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. Staff memorandum included in Council packet. (1) Public Hearing (continued from June 3 and 17) Action: (2) Consider an Ordinance June 17) · (First consideration - deferred from #4c page 1 ITEM NO. 4c Consider a motion setting a public hearing for July 29 on an ordinance amending Title 14., "Unified Development Code" of the City Code by amending Chapter 9, Article A, entitled "Parking Facility Impact Fee" to revise the formula for payment in the CB-5 Zone. Nov/ (Reads agenda item #4c). Lehman/ Move to set the p.h. Norton/ Seconded. Nov/ Moved by Lehman, seconded by Norton. Any discussion? Thornberry/ Well I hope people understand this one. That, if you're not paying attention to what's being motioned, to set a public hearing, if you're interested in the item, - Nov/ Then come on the 29th. Thornberry/ Let us know. Nov/ Let us hear from you. Lehman/ Well, I think it's important, Dean, to remember that this is the CB-5 zone. Thornberry/ I understand. Lehman/ That it's limited (can't understand). Thornberry/ But it gives very little leeway when it's no more than or no less than - Lehman/ Yeah. Thornberry/ I mean you're saying 25% period, paragraph, no leeway. Norton/ Well this will come out at the discussion on the 29th, I'm sure that, that there's a, there's a, full rationale for this thing that I think makes sense in terms of if we're going to provide some kind of parking structure to support that kind of development down there, then we have to be sure to, and we're doing so at a break to the people that are involved in providing the housing. Lehman/ I think we'll get to hear them. Norton/ It's a good rationale. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #4c page 2 Nov/ We'll talk about it again on the 29th. Norton/ It'll come up, yeah. Nov/ All right now, all in favor please say aye- (ayes). Motion carried. Thornberry/ That's setting the public hearing. Nov/ That's all we have done, set a public hearing. Whoever would like to come and talk about this, come on the 29th. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #4d page 1 ITEM NO. 4d 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. Nov/ (Reads agenda item #4d). Now, we discussed this last night, illuminated versus non-illuminated. First in the public hearing, let's hear from Bob Miklo. P.h. is now open. Bob Mildo/ In the ordinance actually before you would prohibit the illumination of projecting signs. The staff proposal that originally went to Planning and Zoning would've allowed illumination, and that was what Karin Franklin had referred to last night. However, P/Z recommended that if they are to be allowed that they not be illuminated, so that's the ordinance before you. If you choose to allow them to be illuminated, you have to strike that from the ordinance. Kubby/ There was a note in the paper too, that said that the ordinance said that there could be movement within the sign but that the sign could not swing. Is that correct? Miklo/ That's incorrect. There would be no movement. ??/ No animations. Mildo/ Right. Kubby/ Okay. No kinetic energy motion. Nov/ None at all, the way the ordinance is currently written. Kubby/ Okay. ??/ We have to be (can't understand). It's not a (can't understand) Nov/ Now, the way the ordinance is currently written, we are allowing six square feet on each side? Miklo/ That's correct. Nov/ Okay. And, a proposed amendment was to decrease the depth from eight inches to four inches. Norton/ Yes. Nov/ Is that correct? This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #4d page 2 Miklo/ If you'd like to do that, you'll have to make an amendment for the floor. Nov/Okay. Norton/ As written, it has no illumination, right? Thornberry/ And I would like to - never mind. Norton/ Let's let the public hearing start. Nov/ It's still a public hearing, let's let the public speak. If we have any further questions from the public for the staff, we have staff available. Widiss/ Hi, Ellen Widiss again, 316 Kimball Road. And I am in the awkward position of having done absolutely no homework on this because the, somehow I missed any earlier discussion in the paper. The first time I saw this was being discussed was this, late afternoon as I was trying to get my thoughts in order to talk on the sidewalk issue. But, I, so I don't understand the fine points, I don't know the fine points, but I just am curious why there is a drive to change what has been in my view a very successful sign ordinance which has maintained a rather distinctive and very pleasing sort of low-key pedestrian friendly quality to our downtown. Why do want to make it, you know, into a more garish imitation of, you know, other parts of the community? I mean, what downtown has going for it is its character. And the people who are going to come downtown know the businesses that are there. They don't need, you know, garish signs to call their attention to it, they, you know, they've dealt with it. And the newcomers tend to be people who are here, you know, for the university who are going to be spending a lot of time downtown, anyhow. They'll get to know the businesses fairly quickly. I don't see a need to change it. It's been successful. I see in, as I read this, both P/Z and Design Review Committee voted against it, and I am - Nov/ And the staff also. Widiss/ And the staff. Nov/ You must assume there were four people up here who wanted it. Widiss/ Right, but I guess I am curious, I know a public hearing is not the time to get answers, but I'm curious what's driving a move to change it, and why there's a felt need. Seems to me it's serving -- downtown's best long-term interests, I would think lie in maintaining its distinctiveness and its attractiveness as contrasted with some of the more newly developed areas. And people come there because it has a special quality. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #4d page 3 Nov/ Okay. Part of this, I can tell you, came from someone who went to Europe and came back with an old-style projecting signs. Want to take this? Thornberry/ Probably at City expense. Nov/No, not at City expense. It did come from a City Council member. Norton/ Yeah, just take a look. Thornberry/ Salzburg, Austria and Stockholm, Sweden. Nov/ Yeah. If you want to comment, (can't understand) Thornberry/ (can't understand) England looks all right. Widiss/ The pictures are very attractive, I mean the issue is from, and I'm going on what I saw in the Press-Citizen, and what I saw here, and we're getting into neon and the Press-Citizen said no wiggling, but animation would be permitted. ??/ That was wrong. Widiss/ Okay- Nov/ That was discussed, but no. Thornberry/ No illumination and - Nov/ No illumination. Thornberry/ And swinging. Nov/ No swinging, no animation. Widiss/ So we're talking fairly innocent - Thornberry/ A two-by-four, a two-by-four, three - Vanderhoef/ Three. Thornberry/ A two-by-three sign. Baker/ Six-by-one. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #4d page 4 Thornberry/ Six-by-one. Vanderhoef/ Yeah. Lehman/ Twelve-by-a-half. Widiss/ I still don't see where it's necessary. I think what we have has served us well. So I guess my comments still stand. But they were, in part, based on misinformation, I confess. Nov/ The way it is currently written is no illuminated, no larger than six square feet, non- animated, and then there was a proposal to change the depth of the sign from eight inches to four inches. And this was from Design Review I believe. Thomberry/ In thickness. Nov/ In the thick - John Gross/ I'm John Gross. My wife and I own a business downtown, and I'd like to speak in favor of the signs. I find it difficult to find a business downtown unless I'm standing directly in front of it. Even then, if the sign is high, as it is over mine, it's necessary to cross the street to see what I was standing in front of, to find out if I want to go in. It's sometimes very difficult to find it. We have a lot of visitors downtown. Tourism is one of the things we hope to achieve, and to enable those people to find the retailers, to find the stores, the other professional office, I think, is very important. I share the concern that we don't turn into a Tokyo, that we don't have beer signs hanging all over, that we have just pretty much straightforward signs that tell in English, that tell what the services are. If we continue as we are, we'll find people crossing to the street or the Ped Mall to see where they are going, walking on flower beds, to get across, or having to step over kids that have decided to take a nap, and then our trees are growing up so nicely, it's even then difficult sometimes to see across the street. So I feel that it would be much better for the people in Iowa City who may not come downtown very much to find the stores. They want to be able to find all the new stores that are locating in Iowa City. As we get a new mall being built in Coralville, we just have two miles to move all those people to bring them all downtown. I think we'll see some come down because of the nature of downtown Iowa City. So, we will have a lot of new people not familiar with downtown, and we want to make it easy for them to shop and do business there and to maintain our tax base. But, with the caveats that you put on them, I think this can be achieved. Thank you. Nov/ Was there someone else who wanted to speak on this issue? This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #4d page 5 John Shaw/ I'm John Shaw. I live at Bella Vista Place. I'm, it's unclear to me, is the four inches that's allowed to stick out, can that be illuminated? Council/ No. Shaw/ Can any of it be illuminated? Council/No. Shaw/ Then, how are these signs going to help people see the, okay, John, I don't understand, where's the four inches then? Nov/ The four inches - Thornberry/ The four inches are the thickness of the sign. Nov/ Yeah. Shaw/ Okay, that is not the projection from the building. Nov/ No. ??/ Absolutely not. Shaw/ Okay, okay, I've got it. Kubby/ Right, right. Nov/ The projection is allowed to be six square feet, and the thickness was originally proposed to be eight inches, and we're now narrowing it to four. Kubby/Isn't that, doesn't that do something to the possibilities of sculptural signs then? If we make it four? Norton/ Make a pair of eyeglasses. Kubby/ I mean it'll have to be basically flat. Lehman/ Right. Norton/ Fried egg (can't understand) Kubby/ If you only have four inches, which I estimate to about that, you can't do something that is wood carved. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #4d page 6 Norton/ Contoured? Kubby/ Yeah. It's like this. Norton/ Bas-relief or something? Nov/ It could be delicately low-relief. Thornberry/ So (can't understand) there's still (can't understand) public hearing. Nov/ Okay. Public hearing continued. Is there anyone else here who would like to talk to us about projecting signs? Okay. P.h. is closed. (2) We need a motion for first consideration. Lehman/ So moved. Norton/ Seconded. Nov/ Moved by Lehman, seconded Thomberry - Thornberry/ Norton. That's Norton's second. Nov/ Oh, okay. Seconded by Norton. Okay. Thornberry/ He deserves it. Norton/ Well I've, I just want to make a couple of comments. I, this is an important matter. I don't, nobody else on the Council, I think, is in favor of it, are doing so cavalierly. Recognize and consider the difficulties. I think that personally, I'm doing it to create a little more liveliness, a little more distinctivehess. I, we're certainly not using the word "garish" here now. I, and I think the restraints and conditions that are imposed, and it's also subject to Design Review, would perhaps not lead it to be garish. Everywhere I go, I see signs that look very pleasant and attractive, and I think it will lend distinctiveness. I think at the moment, the downtown environment's a little sterile, to be blunt about it, and not quite as much fun as it ought to be. So that's my hope, I assume there'll be a lot of signs with a pair of glasses or a fried egg, or whatever it might be. I shouldn't offer those suggestions, someone will (can't understand) right? But at any rate, and I do want to say that I respect the Committee and perhaps I was quoted in the paper rather cavalierly, but - Kubby/ No, you spoke cavalierly, it was quoted - This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #4d page 7 Norton/ (can't understand) But I've been known to speak rather rapidly sometimes. But, certainly not going against the Committee's recommendations without careful consideration. And I know they expect a considerable difficulty in trying to process these things, and I can understand that may happen. Still, it seems to be worth the trial, worth the effort to try to bring a little, little more vitality, and distinctivehess, as it seems to me, to downtown. I hope it's treated that way by the people who are most directly involved, that is, the businesspeople downtown who take advantage of this opportunity. I think it will brighten and enliven it, and I really look forward to it. Nov/ We ought to further explain that these businesses will need sign permits, and the Design Review Committee will review the signs before they have a permit. Lehman/ Dee, I would like to disagree with in that I don't think downtown is sterile. Norton/ Well, I said mildly. Lehman/ Nor do I think there will be an onrush of people going out to buy signs. Norton/ Okay, good. Lehman/ But I think from an informational standpoint, it's, as you walk down the sidewalk downtown, it's very difficult to know the store you're walking into or the one down the street, or the next one, or the next one, and I think these will be very discreet signs. They will be -- the size is regulated, they have to be between eight and twelve feet above the sidewalk, so you're not going to find two-story tall signs, you're not going to find signs that you're going to bump your head into. I think if they're very discreetly done, they'll be very attractive. IfI didn't think that, I wouldn't support them, and I, I've got a lot at stake downtown, and I really think this sort of thing, and Dean and I saw an example of this in Pella, where they've done very, very attractive small signs, and they're not advertising signs, they're informational signs, 'cause they really tell you where the business happens to be. And, because they're not illuminated, because they're not animated, because they're limited in size, I support it, and I agree with Dee, I think it would be a nice addition. Thornberry/ In Pella, there was a little sign with a plate with a knife and fork on each side, you knew it was a restaurant. It didn't even say what it was, but you knew it was a restaurant. And then you go and see, well, knife and fork, I usually eat with my hands. I would like to say, Mr. Norton presented us with a collage of pictures, one of them being a Burger Irdng restaurant in Salisbury, England. It was, I did not take the picture, Mr. Norton was the one talcing the This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #4d page 8 Nov/ And Ed (can't understand). He did think of you. Thornberry/ He was thinking, at that point. But, I just came back from New Orleans, and they've got a lot of you know, kind of neat signs, too, and a lot of places, not that Iowa City needs to be a New Orleans, or a Salzburg, Austria - ??/ Oh, no. Thornberry/ Salzburg's got its - ??/ They made over (can't understand) in Salzburg. Thornberry/But, we hadn't discussed this, but when we tried out the eating establishments out on the sidewalk, caf6s, the outdoor caf6s, we put in some kind of a clause, if it didn't work, we could take it back. Is there any interest in putting that caveat on this sign ordinance for that sort of thing, or? Kubby/ You know I, that's when we first started tallring about it, because there were people to do it, and people said no at that time because they thought it was too big an investment to ask people to make in the sign, that if we might have a sunset step, in a year, or two years, that people wouldn't make the initial investment. The sidewalk caf6 and the changeable coffee signs that we approved and have sunset clauses, were not as big an investment. If that were the rationale now, I would certainly support a sunset clause. What I would support, the amendment to have a sunset clause like that would not allow me to vote for this. Thornberry/ I'm not proposing it, I'm just saying that I didn't remember it being brought up, and I don't even know if it's needed because of the considerable investment of one, to have one done out of wrought iron, for example, it would be a considerable expense. Well I guess if it's not illuminated, they could hang it inside if it didn't continue or something, I don't know. Norton/ It means we could stop it if it turned out to be a disaster. Lehman/ Eleanor, if I'm not mistaken, if we allow these signs, and then decide after a year or two that we don't think they're a good idea, those folks who have received permits and erected those signs will be able to keep those signs because they would be grandfathered in, is that not correct? Dilkes/ That would be my assumption. I don't think you can just get rid of the signs - Lehman/ Right. Dilkes/ Because you have a sunset. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #4d page 9 Lehman/Okay. Dilkes/But I Lehman/ So the initial investment would not be a particularly important factor as regarding a sunset clause. Thornberry/ Gotcha. Kubby/ But the philosophy was, would people invest knowing that it may or may not, would they invest initially, or would they wait? Thornberry/ Yeah. Okay. Kubby/ I mean that's what people said to me when I brought it up. I'm just parroting back what I heard. Maybe I didn't hear correctly. Nov/ Well, the analogy to sidewalk ca£6s is not exactly the same because those are permits for a single year. Kubby/ Right, year by year. Nov/ They have to renew it. ??/ Give everyone a copy. Norton/I have a, I want to just add one point that there was, in both committees, for those who may not have noticed, there were minority positions in both Design Review and P/Z, so I'm not twisting out here alone, with respect to the committees. Here we go. Lehman/ I would move that we amend the ordinance by restricting the width or the thickness of the sign to no more than four inches. Norton/ Seconded. Nov/ Okay. Novick/ Discussion? Norton/ Moved by Lehman, seconded by Norton, to amend. Is there any discussion? This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #4d page 10 Baker/ I don't have the sense of what's appropriate, the figure eight sounds a little bit too thick, but ifKaren's issue was a legitimate issue about if the four-inch precludes some originality, and some aesthetic possibilities, maybe six is more appropriate. I just don't lmow, but if four is fine -- I have no problems at all with this four business, and I want to talk about that in a few minutes. But I think, in some respects this is too restrictive, and in another respect, not restrictive enough. But, I've got a question. Thomberry/ Say what you really think. Does it really hurt sitting on top of that fence? Baker/ No, I'm for this baby. I mean, I will go out and say this is a good idea, because I trust two things, well I'll get to that in a minute. I have a question, a technical question for Bob Miklo. Wake up, Bob. Come on. Refresh my memory. In the ordinance, is there some provision restricting not just the height above ground, but the distance between projecting signs business by business? Miklo/ No, there's not. That would depend where the property line fell. Baker/ So they could put it anywhere on their property, and then the next property could put it anywhere on their property, so there's no minimum distance separating - Miklo/Right. Baker/ That'll be a judgment from the - Miklo/ Property owners. Baker/Property owners in conjunction with Design Review I suppose. Miklo/Right. Nov/ If they each want it above their door and their doors were next to each other, the signs would be. Baker/ Okay. So on voting for the amendment for four inches, I think that's a good idea. Norton/ Well, is there a technical issue there, Bob? Is there any point here about this thiclmess business? Is four inches going to preclude some possibilities - Miklo/ Judgment call. I think - Norton/ We could modify it. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #4d page 11 Miklo/ Just looking at the examples being provided, most of these appear to be fairly thin. Nov/ Yeah. I think four inches is a reasonable number. Norton/ I was thinking about Dean's leash. NoW Oh. Thornberry/ Oh no, no no. Nov/ That's not relevant today. Norton/ Of course. Nov/ Okay, all in favor of the amendment, please say aye- (ayes). All opposed same sign. Amendment has been approved. Is there any further discussion of the ordinance? Baker/ Yes. Nov/ Please go ahead. Baker/ I think this is a great idea, with all due respect to Ellen, I think it's a great idea. Ernie used the term informational. One other term applies here, aesthetic. You talked about mild sterility. I want to make sure to get the "t" in there, sterility. All this does is offer property owners a chance to create signs that will project out over the Ped Mall and signs that have to go through the Design Review process to be approved by a group of citizens. It offers enormous potential for not making the downtown garish, but for livening the downtown, adding color. In fact, I disagree with the restriction on illumination. I would have illumination in a second. Because obviously, it gets dark at certain points of the day. Norton/ No kidding. Baker/ And I have no problems with the idea that those signs are illuminated. I think that's too restrictive. On the other hand, I wouldn't let a Burger King sign like that downtown. I would say if a Burger King wanted to put a business, wanted to put a sign, a projecting sign, they'd have to come up with a unique sign to Iowa City, not a generic franchise sign. Norton/ Already I can see problems with this ordinance. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #4d page 12 Baker/ No, that's not the idea. That's why I think it's not restrictive enough. just picking on Burger King, not because Dean sits - ??/ Down here, down. Baker/ No, Hardee's, pick your, Taco Bell franchise, whatever franchise - Nov/ Well, we've already been through the Taco Bell sign. Baker/ Sort of casually put downtown. Thornberry/ Was it, were you - Norton/ Are you seriously proposing an amendment that would - Baker/ No, no, no. Thornberry/ Were you on the Council, Larry, when the Holiday Inn sign was, was proposed. Baker/ That's the green versus white? Thornberry/ Yeah. Baker/ Yeah. Thornberry/ That's what I thought. Baker/ (can't understand) Thornberry/ That's what I thought. That's enough said. Baker/ White's better than green. You're right. That was the same question. Kubby/ What I, oh, you're not done - Baker/ No, that's all right, go ahead. Kubby/ Finish up. Baker/ No,- Thornberry/ Or do you want pink arches? This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #4d page 13 Kubby/ We don't want any of them downtown. Thornberry/ Never mind. Baker/ Doesn't have any arches at all, it's a different sign. Kubby/ Go ahead, Larry. Baker/ You lmow, it offers the opportunity to use public space to create things that are informational and aesthetic, to add color and I wish, light, to downtown. This is not going to turn into Las Vegas, even though that was the analogy I used last night. I personally have no problem with neon. I, you know, I think neon is fine. I have no problem with animated signs. I think you do all of that, because you're going to go past a citizen review board. This is a mild step, it, one of Ellen's comments was that if everything's working, why change it. I think that one of the things you could say is maybe the sign ordinance is not working as well as it could because it's restricting these signs. I don't think we are creating Viva Las Vegas, but we might invite Elvis down to visit anyway, and I think this is a good idea, and we will monitor it, and we should go forward with it. Karen? Kubby/ Well, I don't think we should go forward with it. To me, this issue is about maintaining and creating and building character downtown, to, places need to change, and I mean, in retail, sometimes they say you should redo things every seven years, you can change things. And I think that that's true about downtown, that we need to get a, it needs a freshening up. And this is one way of doing it. There are probably a lot of other ways to do it. And the reason I'm against this is a very practical one. And that is, when I think about all the ways that we could provide this character-building of downtown, I think about all the volunteer and staff time and energy it's going to take to review these projecting signs. And I think if we take that volunteer time and energy, we can do a lot more creative things downtown. That you could, if people really want to make their place of business distinctive, they can do flat things or small relief things on the sides of their building to create, not just a flat wall, that would still be in their property line, that would in essence be a projecting sign without it being a projecting sign. So, I think there are a lot of creative ways that people can do this without taking staff and volunteer energy/time that will create just as much character downtown, and that this was, this is one idea on how to create character. And what, I mean it's going to pass, and so it's one thing that's going to happen. And there are a whole other things we need to be working on in conjunction. We talked about information, we're talking about having kiosks at different places on the Mall, so that people can look at what all their choices are downtown. And, so I think that that's one way that we've dealt with the issue of providing information as to what's down here. And I, so I'm against the projecting signs. I think that people This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #4d page 14 can be real creative with the facia signs. And with the facia, with the flat facia of their buildings, to create more energy and build that character. Vanderhoeff Well, just for me, when I go into a new town, and I look down the street, as a consumer, a retailer's got my attention for maybe thirty seconds, max. IfI am at a comer and I'm going to decide if I'm going to go this way, or whether I'm going to go that way. And, I love our trees downtown. I love our flower beds and so forth, and I literally cannot see what businesses are down on the Ped Mall. I can't see across the Ped Mall, to see the signs that are there. I fully agree that there's no way that an impulse shopper's going to come to my store, or Dean's store, or anybody else's store if they don't know it's there. And we have an awful lot of traffic, and if they have been down there on Saturday and they get off the bus, or are planning to get on the bus at the corner of Washington and Clinton, then I want those signs out there where they can see where they might go, because they've got fifteen minutes. Well, I'm strongly in favor of having discreet, nice signs down there. Lehman/ You know, I'd like to vote, because if we don't, we're never going to have those signs. Nov/ Well, that's true, and I have to say that I was never going to vote for these signs to be illuminated. I think if somebody really needs neon, and other fancy lights, they can do it on the facade. We're not eliminating lights entirely. But we're not projecting lights. I think the signs will be visible easily enough with the street lights that we have. Thomberry/I, I don't own the Burger King downtown. But, it does have two neon, illuminated signs that project out from the building now, that are in an overhang. They are - Nov/ They were grandfathered in. Thomberry/ Well, Nov/ Isn't that the marquee that was - Thomberry/ No, the marquee was the Iowa Theatre marquee, and I tore that down and put up the nice pretty one, that Larry likes a lot. Nov/ Yeah, okay. Thomberry/ And put a sign in each side when I did own it. I haven't owned it for seven years, and don't own it now. But that in a sense is a projecting sign. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #4d page 15 Norton/ So are awnings, with names on them. Thomberry/ Pardon? Norton/ So are awnings, with names on them. Thornberry/ That's correct. But I think that this, doing it the way we're doing it, with these projecting signs being non-illuminated, as small as they are, for as many new people as we get into Iowa City each year, with the student turnover, I think it might be an asset. Kubby/ Bob, in Design Review, if there are, if someone has a beer sign, lots of beer signs downtown, there are already a lot of projecting beer signs, let's just say that that happened. Can Design Review say we feel there are too many alcohol-related - Miklo/ In terms of projecting signs Kubby/ Signs, projected signs - Miklo/ The policy's been of identification signs, so they could have the name of the business, not necessarily what they're - Kubby/ What they're selling. They couldn't necessarily have a Bud sign. Miklo/ They couldn't have a - Thornberry/ They could have a mug, a brew mug. Kubby/ Right, but they couldn't have a brandname. Miklo/ Right. Kubby/ Unless that was the name of it too. Council/ (All talking). Baker/ Miklo/ Excuse me, what are the powers? Can they literally say no to the sign? They could. It's somewhat up in the air at this point, because as the ordinance is drafted, Design Review would be allowed to review the signs and would approve them according to the procedures and guidelines established by the Design Review Committee. So, they're going to have to come up with some guidelines, it probably shows. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #4d page 16 Norton/ Some fine-tuning. Miklo/ Yeah. Before they make their decisions. Nov/And, I also would like to remind people that the jurisdiction of Design Review has been expanded. It's no longer just the Pedestrian Mall, so businesses thinking about these signs, be careful. Thomberry/ Careful? But everywhere, be creative. Nov/ Be creative, yes, but also be sure that you get your approval's in order. Get all your ducks in a row. Are we ready? Anybody have anything else to say? Thomberry/ Just, before we vote, you've got to think, if you're thinicing about getting a new doorknob for your house before they expand. Lehman/Dean, Dean, I'd like to vote. Thomberry/ I would too. Nov/ Roll call - (yes; Kubby no). Okay. First consideration has passed on a 6~1 vote, Kubby no. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 July 15, 1997 City of Iowa City Page 8 e. Consider an ordinance amending Title 14, Chapter 6, entitled "Zoning," Article O, entitled "Sign Regulations," to permit portable signs as a provisional sign in the CB-2, CB-5, and CB-10 zones. (Second consideration) 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. Consider an ordinance amending Title 14, Chapter 6, entitled "Zoning," Article P, entitled "Fences and Hedges," to change the vision triangle requirement at intersections. (Second 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: ~~'~/ g. Consider an ordinance vacating the portion of St. Mattbias' Street (formerly known as St. Matthias' Alley), right-of-way located north of Dodge Street, and St. John's Alley, located between St. Clement's Street and St. Matthias' Street. (VAC94-0004) (Pass and adopt) Comment: At its May 16, 1996, meeting, the Planning and Zoning Commission, by a vote of 6-0, recommended approval of the proposed vacation, subject to the retention of utility easements. The Commission recommended the alleys not be disposed of until an agreement is reached between the City and Roberts Hometown Dairies regarding the improvements to Dodge Street and the value of the alleys. Final consideration of this item was deferred at the October 8, 1996, Council meeting. An agreement has been reached regarding the exchange of funds and property for the alleys. Staff recommended approval in a report dated May 16, 1996. Staff memorandum included in Council packet. Action: ~~-~/~"~~ :~/ 4~ #4g page 1 ITEM NO. 4g Consider an ordinance vacating the portion of St. Mattbias' Street (formerly known as St. Mattbias' Alley), right-of-way located north of Dodge Street, and St. John's Alley, located between St. Clement's Street and St. Mattbias' Street (VAC94-0004) (Pass and adopt) Nov/ (Reads agenda item #4g). Thornberry/ Move consideration number one. Vanderhoef/ Second. Nov/ Moved by Thornberry, seconded by Vanderhoef. Any discussion? Thomberry/ I just wanted to say that this is not a sale of these, of this area to anybody, it's a vacation of the property. Right? Nov/Right. Thornberry/ And- Nov/ But it will be offered. Thornberry/ It would be offered, but it isn't, it hasn't been sold at this time, and no money has - Nov/Right. Thornberry/ Still owned by the City at this time. Nov/ Correct. Thornberry/ We're the people that were interested. Nov/ Okay. But sometimes, as a matter of fact quite often, abutting property owners have an interest in a property after it's vacated. Thornberry/ Absolutely. Nov/ Any other discussion? Roll call- (yes). We have approved the ordinance. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 July 15, 1997 City of Iowa City Page 9 ITEIVI NO. 5, ITEM NO. 6. 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, by a vote of 6-0, the Planning and Zoning Commission found that the Scott-Six Urban Renewal Plan conforms with the Iowa C/ty Comprehens/ve P/an - 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, 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. Consideration deferred from June 17. Staff recommends deferral to July 29. 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. Consideration deferred from June 17. Staff recommends deferral to July 29. Action: ..~-~.-, ~ -~ #5 page 1 ITEM NO. 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. Nov/ Item number five is a resolution on an economic development area, and so is six, and so is seven. All of these issues are part of the Scott-Six Urban Renewal Plan, and that area we've been asked to defer, so - Kubby/ Move to defer - Lehman/ Second. Kubby/ For two weeks, items five, six, and seven. Nov/ Okay, thank you. Moved by Kubby, who seconded? Lehman/ I did. Nov/ Seconded by Lehman. All of these items will be on the agenda on the 29th of July. All in favor of this deferral, please say aye- (aye). Kubby/ We do have one public hearing that within that, and since that was on the agenda, do we need to open that and continue that public hearing, in case someone is here? Nov/ All right, that's a reasonable thing to do. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 July 15, 1997 City of Iowa City Page 10 ITEM NO. 7. EXECUTION OF AN AGREEMENT FOR PRIVATE REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY AND ALVIN AND MARY JOAN STREB, Comment: The agreement outlines the complete partnership between the developer, AI and Mary Joan 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 (continued from June 17) Action: '~~--~ / 4:~-~ ~--~~---~ "~ b. CONSIDER A RESOLUTION APPROVING AND AUTHORIZING (Deferred from June 17. Staff recommends deferral to July 29.) Action: ITEM NO. 8. PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE IOWA CITY CIVIC CENTER FRONT ENTRANCE RENOVATION 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: The project includes the replacement of cracked and crumbling concrete steps and sidewalk, replacement of splintering wood benches, replacement of non~ADA-compliant handrails and curb ramp, and replacement of planter at the Civic Center front entrance. The architect's opinion of probable construction cost is 943,000 with funding from the general fund of government building maintenance. PUBLIC HEARING Action: '~.~ CONSIDER A RESOLUTION APPROVING Action: #7 page 1 ITEM NO. 7 EXECUTION OF AN AGREEMENT FOR PRIVATE REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY AND ALVIN AND MARY JOAN STREB. a. PUBLIC HEARING .... Nov/ Is there anyone here who would like to talk about the redevelopment between Alvin and Mary Joan Streb and the City of Iowa City for the Scott-Six Industrial Park? Kubby/ Move to continue the hearing to July 29th. Lehman/ Seconded. Nov/ Moved by Kubby, seconded by Lehman that the heating be continued to July 29th. All in favor please say aye- (ayes). All right, hearing is continued. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #8 page 1 ITEM NO. 8 PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE IOWA CITY CIVIC CENTER FRONT ENTRANCE RENOVATION 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. (b) Nov/ (Reads agenda item #8). P.h. on this issue is now open. Anyone who would like to talk to us about the improvements at the fi'ont of the Civic Center, please come forward, sign your name, and limit your time to five minutes. Thomberry/ (can't understand) Nov/ Okay. P.h. is closed. We need a resolution, a motion - Norton/ So moved. Lehman/ Seconded. Nov/ Moved by Norton, seconded by Lehman. Discussion? Kubby/ We did ask last night that the architect add some more landscaping. We felt that there was a lot of landscaping being taken out, and a lot of impervious surface being put back in, so we're going to ask some more landscaping to the original design. Nov/ I particularly said I would miss the daffodils in the spring, so can't we, can't we put the daffodils in somewhere else? Thomberry/ (can't understand) in a pot. Vanderhoef/ I think that the public should, excuse me, Dean - Thornberry/ No, go ahead. I just told Naomi I'd get her a daffodil pot. Nov/ Oh, I don't want a daffodil pot, I want a whole bed of them. Right in front of the Civic Center. Thornberry/ A bed of pot. It'd be the dally center. Nov/ Okay. Vanderhoefis next. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #8 page 2 Vanderhoef/ I just thought it would be nice to let everyone know before it happens, in case they hadn't seen the plans that there would be four trees removed from out neat' the street level, and those trees are nearing their life-expectancy, probably four to five years left on those, and they are totally blocking the entrance to the Civic Center, and much as we hate to lose trees, this is going to happen, and just be aware that it's happening. Kubby/I thought those four trees were going to be relocated (can't understand) Vanderhoef/ Right, if they can. Kubby/ Into a planter that are, maybe in their life-cycle. Vanderhoef/ Right, those are the planter ones. Kubby/ Yeah. Nov/ The trees that are raised, the ones that are in the raised bed are the ones that're good Vanderhoef/ They aren't going to be taken out. Nov/ The others are going to be moved, at least we hope they're going to be moved. We definitely want them to find another place for the ones that are still young and can be saved. Thornberry/ Exactly. Norton/ May I ask, has the present entrance lived up to its appropriate lifetime? It seems to me that it has deteriorated pretty seriously. Atkins/ Well, the building was built in '61 - Norton/ Okay, so that's pushing forty years - Atkins/ The ramp was added maybe fifteen years ago - Norton/ It's understandably - Atkins/ Understandably- Norton/ Understandably deteriorated. Nov/ ADA rules were written since that ramp was built. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #8 page 3 Atkins/ Right. I'll bet we have the last revolving door in town, too. Nov/ We're not going to take that out, are we? Kubby/ We didn't really ask about that. Atkins/ We're not going to take that out, are we, Jim? Kubby/ No, not going. Atkins/ Well, this renovation does not apply to the building itself. Kubby/ I like the revolving door part of it, I mean it brings character, I think to the front of the building, but it also is an energy-saving device that when it's real hot or real cold, they ask people to use the revolving door if they can, to help save energy. Thomberry/ It ought to be automatic. You go in, it starts turning like at the airport. Go ahead, I'm ready. Nov/ Is everyone ready? Roll call- (yes). Okay. Anyone who would like to see the plans, they are available at the Civic Center. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 July 15, 1997 City of Iowa City Page ITEM NO. 9. ITEM NO. 10. CONSIDER 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 ADJUSTIVlENTS 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. (FIRST CONSIDERATION) 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 Julv 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. ction: CONSIDER AN ORDINANCE AMENDING TITLE 14, ENTITLED "UNIFIED DEVELOPMENT CODE," CHAPTER 5, ENTITLED "BUILDING AND HOUSING," ARTICLE I, ENTITLED "GRADING ORDINANCE," SECTION 12_, ENTITLED "EROSION CONTROL." (FIRST CONSIDERATION) Comment: Section 14-51-12 currently provides: "Erosion control measures shall be designed in conformance with the standards found in the /owa Construct/on S/re Eros/on Contro/ Manual." Enforcement problems could arise under this language if someone designed erosion control measures in conformance with the standards found in the Iowa Construction Site Erosion Control Manual, but neglected to install or maintain the erosion control measures in conformance with such standards. This amendment eliminates any potential enforcement problems by requiring that erosion control measures be "designed, installed, and maintained" in conformance with the standards set out in the Iowa Construction Site Erosion Control Manual. #10 page 1 ITEM NO. 10 CONSIDER AN ORDINANCE AMENDING TITLE 14, ENTITLED "UNIFIED DEVELOPMENT CODE," CHAPTER 5, ENTITLED "BUILDING AND HOUSING," ARTICLE 1, ENTITLED "GRADING ORDINANCE," SECTION 12, ENTITLED "EROSION CONTROL." (FIRST CONSIDERATION) Nov/ (Reads agenda item #10). Vanderhoef/ Move first consideration. Norton/ Second. Nov/ Moved by Vanderhoef, seconded by Norton. Discussion? Thornberry/ I have a question. If a, if a developer were to do their grading in the, in conformance with this site, the Erosion Control Manual, under those provisions, how long, in perpetuity, would he have to maintain that, could that be passed, or would that be passed, onto the owners of the land when they bought their house or whatever? Nov/ I think this, the way I read it, applies to construction sites. Norton/ I think it's all in the contract. Thornberry/ To the construction site. Nov/ Yeah, and I think that once it is no longer a construction site, there are different rules. Dilkes/ I had to take a look at this manual and see. Atkins/ I think your interpretation's correct, but if there is some concern, then we will postpone the reading. Nov/ Well, let's do first consideration. We'll amend it if we need to. Norton/ Yeah. Atkins/ I understood it as Naomi explained it. Thornberry/ Like the first, like the Hy-Vee over there on First Avenue's got a big hill behind it, of dirt. Now, what happens, I mean what happens to that? This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #10 page 2 Atkins/ They own that hillside, and I assume as the landowner, that's their hillside, they'll have it okay in the future. But I thought this ordinance specifically dealt with construction sites. That's what - Dilkes/ It appears to, but it does deal with maintenance, so, I mean, I think it can't just be construction because maintenance implies something beyond that. Thornberry/ Right. Nov/ Well, I'm still not clear. I think this revision was coming to us because we were getting some flow of water and mud, et cetera, into neighboring properties. And this was - ??/ You want to postpone it for a - Nov/ No, no. Atkins/ I was going to say, Rick may be in the Green Room, or hasn't showed up yet, to the Green Room, later on. Nov/ Well, you want to defer it until Rick shows up? Atkins/ I was going to say, if you want to postpone the vote on it, to get your questions answered when Rick is here, then we can do that. Nov/Okay. He's coming anyway, later. Atkins/ Later on, anyway. Nov/ All right. Kubby/ Do we need to table, temporarily? Atkins/ That's right. Kubby/ Okay. ??/ Yes. Dilkes/ We can't do that. Kubby/ Okay, move to table this until Rick's - Lehman/ Move to table take two-thirds - This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #10 page 3 Nov/ All right, Rick will be here by Item #23, right? Atkins/ I hope so. Nov/ This is the one that's really streets and engineering. So, we'll Thornberry/ Do we have to have a second to table? Nov/ I don't know. Do we need a second or can we just do this by concurrence? Dilkes/ Why don't you just go get Rick? Council/ (All talking). Thornberry/ Do you want to have a break? Nov/ Let's have a break, and then we'll go get him, and then we'll vote. Thornberry/ Thank you, I'm sorry about that. Nov/ We need a break anyway. BREAK Rick Fosse/ I understand the question to be what is meant by the maintenance in this? And the maintenance is taking care of the erosion control features until the site is stabilized against erosion, and then at that time, those maintenance responsibilities would go away. Kubby/ Dean asked the question, and he's not listening to you - Thomberry/ Sorry. Fosse/ It's like me earlier. Thornberry/ I was in the Green Room. Kubby/ No, you were listening, that's why you could make that comment. Thornberry/ My mike was in the Green Room, go ahead. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #10 page 4 Fosse/ Oh, I said that the maintenance responsibilities referenced here are that, to maintain the erosion control features until the site's stabilized against erosion, then those maintenance responsibilities go away. The site is self-sustaining. Kubby/ So, it's maintenance of the construction erosion control. Nothing beyond that. Fosse/ Right. Not like routine mowing or anything. Thornberry/ I was concerned, given the construction of Cliff Apartments, for example, with the problem behind there, never been accepted. Is that, if it's never been accepted, is it still the, would it have, under this ordinance, still have been the responsibility of the contractor? Fosse/ Given, oh, the contractor, that's a good question. In that instance, the contractor was also an owner, so that's an easy one. Thornberry/ If it weren't. I mean, under this provision, would the contractor still have been responsible, as opposed to the owner? Fosse/ That, I honestly don't know the answer to off the top of my head, and in that unusual case, you'd probably talk to Eleanor and - Dilkes/ Yeah, I'd have to look at the ordinance and look at the Manual and answer that question, I don't know. Thornberry/ Yeah. Fosse/ You're right Norton/ Has this ordinance been checked with the people involved, I mean with the contractor sites? Fosse/ I don't know. This is something that Housing and Inspection Services has been working on - Kubby/ I think it's coming probably from our, I forget, Julie, Julie's title, Julie Tallman, the Environmental Specialist - Atkins/ (can't understand) Specialist. Kubby/ Thank you. And that she doesn't have anything on the books that will allow her to say, someone may say "I put the erosion control up there, it's just being, it's degraded, but I'm not responsible for making sure it's staying intact," and this will give her something to say you've got to get more hay bales, or you have to This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 1'071597 #10 page 5 put the fence down lower, to maintain the erosion control on-site during construction. Dilkes/ I think, typically, these cases of obligations run to the land owner, but, you lmow, I'd have to check. We certainly can, it's just the first consideration, and we can answer that. Norton/ Yeah, check on that. And I think we ought to make sure to check with the construction companies to make sure we're doing the fight thing here, I mean, some - Thomberry/ Yeah. Norton/ Or at least everybody understands what's happening. Nov/ Well, I think they'll understand. Thornberry/ I understand that - Nov/ It's not that difficult. Thornberry/ Well, it is a little bit, if Rick can't explain it, and Eleanor can't explain it - Dilkes/ We can answer the question, I think, we just need to take a look at some things before we can do it. Thornberry/ All right, we can go with first consideration and then get some answers. Norton/ Yes. Thornberry/ Thank you. Thank you, Rick. Nov/ Any further discussion? Roll call- (yes). We've approved first consideration. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 July 15, 1997 City of Iowa City Page 12 ITEM NO. 11. ITEIV! NO. 12. ITEIVI NO. 13. CONSIDER AN ORDINANCE SETTING SCHEDULED FINES FOR VIOLATIONS PROSECUTED AS IVIUNIClPAL INFRACTIONS UNDER TITLE 8, ENTITLED "POLICE," CHAPTER 3, ENTITLED "GENERAL ANIMAL REGULATIONS" AND CHAPTER 4, ENTITLED "ANIMAL CONTROL" OF THE CITY CODE. (FIRST CONSIDERATION) Comment: Currently all violations of animal control regulations may be prosecuted as either a simple misdemeanor or a municipal infraction. A simple misdemeanor results in a minimum 950.00 fine plus court costs (an additional 940.00). A first offense municipal infraction results in a 975.00 fine plus court costs. Staff believes smaller fines for many violations, such as dog-at-large, would be more equitable while still serving as an effective deterrent. This ordinance amends the City Code by providing smaller scheduled fines for violations charged as municipal infractions. Animal control officers would still have the discretion to cite violations as simple misdemeanors (punishable by a maximum 9100.00 fine and/or thirty (30) days in jail), and would continue to do so in more egregious cases. CONSIDER AN ORDINANCE AIVIENDING TITLE 14, CHAPTER 1, ARTICLE A, ENTITLED "STREETS, SIDEWALKS AND PUBLIC WAY GENERALLY" TO DELETE THE REQUIREIVIENT FOR AN APPLICANT TO POST A STREET CLEANUP ESCROW PRIOR TO THE ISSUANCE OF EACH BUILDING PERMIT. (SECOND 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. ct,o : CONSIDER AN ORDINANCE REGARDING CONTROL OF GRAFFITI AND REQUIRING REMOVAL OF GRAFFITI VANDALISM FROIVI PRIVATE PROPERTY. (SECOND 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 charge the cost back to the property owner. //'~ ,,' "' #11 page 1 ITEM NO. 11 CONSIDER AN ORDINANCE SETTING SCHEDULED FINES FOR VIOLATIONS PROSECUTED AS MUNICIPAL INFRACTIONS UNDER TITLE 8, ENTITLED "POLICE," CHAPTER 3, ENTITLED "GENERAL ANIMAL REGULATIONS" AND CHAPTER 4, ENTITLED "ANIMAL CONTROL" OF THE CITY CODE. (FIRST CONSIDERATION) Nov/ (Reads agenda item #11). Kubby/ Move first consideration. Vanderhoef/ Second. Nov/ Moved by Kubby, seconded by Vanderhoef. Discussion? Kubby/ I talked to Misha this afternoon, and we were comparing the amount it would cost a first offense for pet at large with the first reclaim charge at the shelter, if an animal was taken to the shelter, or brought to the shelter. And, she was saying that usually, you've had at least a couple of warnings before you get charged with a first offense, so it really is equivalent in terms of how it functions. How they operate down there is that they don't give a warning on first offense unless there's some problem that the dog, or that the animal has created, while being at-large, accosting someone, causing property damage, but if the dog is just loose - Norton/ I see. Kubby/ Then people get a warning, so it is rather equivalent. Norton/ Are warnings recorded? Kubby/ You can take that. In the smallish cities, I think they kind of know. Misha Goodman-Herbst / Yeah, actually they are recorded. We have a bunch of different trails including our computer system, so. Norton/ So you know then. Okay, so there is a warning system in effect then. Fine. Kubby/ Although with the simpler, or the municipal infraction, there's still a court cost of $40.00, so it's really going from $90.00 to $50.00, which is still going down. And one of the questions that Misha had asked, that she thought that most of the cases are benign enough that they don't, not in terms of the legal system, but in terms of community justice, that they, people really shouldn't have to go in front of a judge and pay court costs, that there are ways to make it so that an envelope is given to people like a parking ticket that they have to pay, they can send in This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 page 2 money like a parking ticket. Is there a way that we can arrange things so that people do get fined but they don't have to go to, they don't have to take time from work because they dropped their dog leash for a minute to scratch their head, and got caught. Thornberry/What was that? Goodman-Herbst/ You just said we don't do that. Kubby/ Okay. You get a warning- okay, my dog got out of the house and accosted a child walking down the street, then I wouldn't have to take time off work to go to court. But I would have to pay the fine. Dilkes/ We might be able to do that. I think you're making, what happens if somebody contests the charge, though? I mean, somebody can put it in the envelope and mail it in, but if they, but if they're going to contest the charge, then they have to come in and tell us, and then we have to file a court action. I mean, I think it's going to be, it could be fairly cumbersome. I think you also could make that argument for a number of fairly minor charges, that if someone wants to just pay their fine, why should they have to pay those court costs. Well, that's just because that's the way the system's operating. Lehman/ Eleanor, couldn't you have a time frame, you get the envelope, if your payment is received within ten days, there will be no - Norton/ Court costs. Lehman/ Court costs. If it is not received within ten days, it goes to court. Dilkes/ I guess, Animal Control would have to issue a separate, would have to issue one sort of administrative charge, keep track of that, if you didn't get your money, then I guess at that point you would have to issue the formal court citation. Goodman-Herbst/ Is there a way, Eleanor, for payment to be made if they just want to pay it, directly to the court? Without them appearing? Dilkes/ Yes, but I believe the court costs are still, I still think they're Goodman-Herbst/ Well, I know, but I'm not sure people are even aware of that. I think people assume that they must appear, whether they're going to pay it or not. Thornberry/ Well, when you get a traffic violation, - Dilkes/ Oh, I - This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #11 page 3 Thornberry/ You can, if you contest the traffic - you can mail in your fine, your speeding fine or whatever, you can mail that in, and I don't think that there is a court cost connected with that. But, I'm not a hundred percent sure. Goodman-Herbst/ See- Kubby/ (can't understand) first consideration. Dilkes/ We can, I mean, we can look into it. Thornberry/ Well, you can contest your fine, and go to court. Goodman-Herbst/ Yeah, see I don't see how someone who we issue a ticket to would lmow how much it was. Because there's nothing written on it that would give them any indication of how much to send. Dilkes/ But they can, I mean, they can go to the traffic office at the court house, and they'll be told, will they not, what the amount is, and they can pay it then. Thornberry/ Well, we've got the amounts down here, of what it is, first offense, second offense, third offense. Dilkes/ You don't put the amounts on the - Goodman-Herbst/ No Dilkes/ Ticket? Goodman-Herbst/ No. Dilkes/ Well, maybe that's what needs to be - Goodman-Herbst/ I mean there's no place for it on our, I mean maybe our tickets need to be- Dilkes/ Maybe we need to create a place for the amount. Goodman-Herbst/ Yeah. Kubby/ Well maybe we could explore that a little bit, maybe if it's not contested that - Dilkes/ Sure. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #11 page 4 Kubby/ If payment's mailed in. Norton/ Yeah, I hope the court isn't counting on these costs to support itself. We ought to really find out what we can do to make this simpler, which is what we're talking about, and cheaper. Goodman-Herbst/ Well the reason why I said that in terms of people knowing what the amount was and sending it in, it seems to me that we're wasting a lot of court time for people who want to come in and just pay it anyway. Thornberry/ Right. Goodman-Herbst/ That think they need to appear in front of a magistrate, when they don't want to necessarily. Dilkes/ We can look into it. It'll involve some working with the court personnel, and that kind of thing, it's not just going to be here, but we can certainly look into it. Kubby/ Are there people interested in exploring that route? Thornberry/ Yeah. ??/ Yes. ??/ Yes. Norton/ Yes. Nov/ I don't lmow. I'm not sure. Kubby/ Because- Thornberry/ There's four. One, two, three, four. Five. And Larry's waffling again. Nov/ I think that if we do it with this ordinance, we may be setting a precedent for some other ordinance on which we don't want to do it. So, I would like more information before we even think about it. Norton/ That's what we're asking. Dilkes/ See, I think the court costs are in it when you get a speeding ticket. And they write out, you know, maybe $15.00 for the speeding plus X in court costs, plus, you know, X in surcharge, and that's the total. So I think that when you do mail in your fine, that includes the court costs. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #11 page 5 Kubby/ Yeah, but what it does do is people don't have to take vacation time or time off of work, which costs people money too. They still may have to pay it, but they save themselves in court time and some money from work. Dilkes/ Exactly, and maybe that's the revision that needs to be made, is on these types of charges, they need to be made more clear like a speeding ticket would be, so that it's just clear what they have to mail in and pay. But I think if we're going to start examining whether they should be required to pay court costs in this situation, we may have to go beyond that and look at all sorts of charges. And I, that's a whole different ball of wax. Kubby/ We could sort of streamline it. Nov/ If we could allow people to mail it in and include the court costs, I think it's okay. Dilkes/ Yeah, I think that makes more sense. Lehman/ Well I think the concern is not so much the court costs, as it is the inconvenience of having to go to court. Isn't that really what - Kubby/ On the other hand, if you break the law, you take that consequence. Dilkes/ I didn't realize these types of charges wouldn't break down the amounts that they could just easily pay. I agree that issue needs to be taken care of. Norton/ And look at the form, yeah. Thornberry/ There were some other questions that we had - Kubby/ That was on the other ordinance. That's sixteen. Norton/ The other one was fifteen or sixteen. Thornberry/ But it pertains, it goes back and forth, it's $100.00, why isn't the other one - Kubby/ I thought I explained that. But that there's usually one, possibly more warnings before someone is charged with a first offense. That's like your, that's equivalent to the first reclaim being free in the other ordinance we'll talk about later. Thornberry/ I guess it depends on how nice you are to the Animal Control Officer. Kubby/ It matters how your dog was behaving while at-large. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #11 page 6 Thomberry/ I see. If they lick, okay, if they bite, write 'em up. Nov/ Even if their owner happens to be sitting there. Thomberry/ Hey, I have never - Baker/ Licked an Animal Control Officer. Norton/ Never licked an Animal Control Officer? Thomberry/ Not yet. Nov/ Roll call- (yes). We have approved first consideration. Okay, gotcha. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #12 page 1 ITEM NO. 12 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. (SECOND CONSIDERATION) Nov/ (Reads agenda item #12). Norton/ Move second consideration. Lehman/ Second. Nov/ Moved by Norton, seconded by Lehman. I have to remind people if you drive on the street, and you see mud and junk next to the construction site, tell us. We want to be sure we enforce it even though we don't require the deposit. Thomberry/ A little dirt is okay. Nov/ Okay. Norton/ I think we should note too, this is another one of our efforts to simplify things, and make things a little, little easier to operate in the City. Nov/ Not only easier, but a little cheaper. Norton/ And cheaper. Thornberry/ Not as onerous. Nov/ Right. Norton/ Right. Thomberry/ Okay. Norton/ Not heavy-handed. Nov/ Any discussion? Roll call- (yes). We have approved second consideration. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 July 15, 1997 City of Iowa City Page 13 ITEM NO. 14. ITEIVI NO. 15. ITEM NO. 16. CONSIDER AN ORDINANCE CREATING A POLICE CITIZENS' REVIEW BOARD TO ASSIST THE CITY IN PROCESSING CITIZEN COIVIPLAINTS CONCERNING THE POLICE DEPARTMENT AND ASSURING THE POLICE DEPARTMENT IS RESPONSIVE TO COMMUNITY NEEDS. (PASS AND ADOPT) Comment: Public comments were received on April 29 from two individuals. Also attached is a memorandum from Assistant City Attorney (~// Dennis Mitchell. Action: /~/_~--~_/~'~,~-~ ~-~./ ~ ~ CONSIDER AN ORDINANCE AIVIENDING TITLE 8, ENTITLED "POLICE REGULATIONS," CHAPTER 3, "ENTITLED GENERAL ANIMAL REGULATIONS," SECTIONS 1, 3, AND 4; AND AIVIENDING 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. (PASS AND ADOPT) 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. RESOLUTION SETTING FORTH A NEW SCHEDULE OF FEES, RULES, REGULATIONS AND GUIDELINES FOR THE PROVISION OF ANIMAL CONTROL SERVICES, ANIIVIAL LICENSING, ANIMAL PERMITS AND ANIIVIAL ADOPTION. Comment: In conjunction with the adoption of the new animal control ordinance, this resolution sets forth fees for permits, sets forth permit rules and regulations, and amends some of the other fees for animal control services currently in effect. Action: #14 page 1 ITEM NO. 14 CONSIDER AN ORDINANCE CREATING A POLICE CITIZENS' REVIEW BOARD TO ASSIST THE CITY IN PROCESSING CITIZEN COMPLAINTS CONCERNING THE POLICE DEPARTMENT AND ASSURING THE POLICE DEPARTMENT IS RESPONSIVE TO COMMUNITY NEEDS. (PASS AND ADOPT) Nov/ (Reads agenda item #14). Any further discussion? Thornberry/ This does have a, this does have a sunset clause. Nov/ Yes. Thornberry/ Of one year. Nov/ No, four years. Thornberry/ Four years. Norton/ Do we need to make an amendment? Karr/ We should put it on the floor for discussion first. Kubby/ Move to pass and adopt this ordinance. Lehman/ Second. Nov/ Okay. Moved by Kubby, seconded by Lehman. Atkins/ Excuse me. Before you vote, I would like to make a couple comments about some peripheral issues. Do you want to deal with the amendment first, or - Kubby/ I thought we already did the sunset amendment. Lehman/ We did. Dilkes/ No, there's an amendment in memo from him. It's just about a variety of ways a Peace Officer requirement (can't understand). Atkins/ Right. Kubby/ I move that amendment. Lelunan/ Second. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #14 page 2 Nov/ Amendment on Peace Officer requirement moved by Kubby, seconded by Lehman. Thornberry/ Do you need to read that in there? Nov/ Any further discussion? Kubby/ This amendment allows us to waive the requirement that one of the five appointed people be a Peace Officer, as defined by State Code, in case there's a vacancy and we can't find someone who wants to be appointed, or that we feel comfortable appointing, we can still have a five member committee. Because, the vote for action has to be not a vote of the majority of those in attendance, but a vote of the majority of the five member body. So we need a full complement of people at all times. Dilkes/ It allows you to waive it for good cause shown. Kubby/ Right. Dilkes/ Yeah. Nov/ And we can probably waive other requirements for good cause shown. Did we have other breakdowns? Norton/ No. Dilkes/ Not in this. Norton/ No. Nov/ We had just the Peace Officer. Dilkes/ The residency requirement, you can already waive for good cause. Vanderhoef/ Particularly on the Peace Officer. Nov/ Yeah, okay. Dilkes/ But this is specifically Nov/ But otherwise, we did not have specific - Norton/ No. (can't understand). ??/ We talked about attorney, and then decided against that. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 1'071597 #14 page 3 Nov/ Any other discussion? Atkins/ I wanted to just give you - Dilkes/ We need to - Atkins/ Oh, do that first. Dilkes/We need to vote. Nov/ I'm sorry. All in favor of this amendment, please say aye- (ayes). Motion carried. Atkins/ Now. I've forgotten now. I wanted to give you kind of a quick update. We've sort of set up about the task of planning support services to the PCRB, and there's a whole variety of issues. It's not something that comes together very easily, but I wanted you to be aware of what we're up to. We got a little in-house staff team that's attempting to put together again what support services will be necessary for the PCRB. And, for example, the City Attorney's Office is in the process of drafting some by-laws so they'll have something to work with. The Personnel Office will be drafting a job description for the intake worker, whatever that position might be. I would assume you would like to have some PCRB participation in the selection of that individual. I have no trouble with that. Nov/ And also in writing the by-laws. Atldns. Yeah. We want to get, we want to get draft documents to the Board so they can work with them - Nov/ Yeah. Atkins/ Rather than having, have them create them. There are a couple of more sensitive issues that I think you're going to have to give some thought to before you conclude your appointment process. One, in particular, is the legal counsel. That has been my assumption that you want independent legal counsel. Is that something the Council should appoint, maybe based on Eleanor's recommendation. Is it something we'd ask for, you know, interested attorneys? I'm not real sure how to handle that, when we actually finally get recommendations to you. So, I think you need to think about that. Nov/ Is that somebody who we were going to appoint on a permanent basis rather than just call them in as needed? This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #14 page 4 Atkins/ Yeah. My understanding is that you wanted someone who is the official legal counsel to the citizens - Kubby/ So they're working with someone consistent. Atkins/ Board, so that they're there. The financial arrangements are yet to be resolved, but I think it's something that you need to think about, because your overriding policy issue is trying to make this Board as independent as you can. And I think those are kind of critical issues to you. Kubby/ In one of those ordinances that you and the Attorney's Office has worked with, can you give us maybe some options on how other places do it? Atkins/ We can do that. Kubby/ I mean, I don't know that that'll work for us. Atkins/ My instincts are that we would probably have the City Attorney's Office contact local attorneys through some sort of, I don't lmow, I'd call it a proposal process, Eleanor, but some way of securing - Dilkes/ I think what we talked about in the meeting was probably doing a letter to, you know, local attorneys, and asking whether they had any interest and asking for some basic information, qualifications, and rates and that kind of thing. Kubby/ Local, not just meaning Iowa City, but maybe a slightly larger region, because, I mean, that could go into the issue of independence. Dilkes/ However, it doesn't really matter. Atkins/ And the other thing is a training and orientation program package we're going to put together. Why I'm alerting you to these things, as you can see, there's a whole slew of administrative duties that we have to attend to, and that we're trying to get this whole package together for you. If you vote to make appointments on the 26th, you may be able to make your appointments, but actually when we convene the Board, maybe sometime shortly, or longly, or shortly thereafter. Kubby/ One of the questions I have, is if we pass this ordinance tonight, it gets published, and then it becomes law a certain number of days after our final vote, and someone wants to make a complaint in the next two or three months. We may not be up and running, but their clock is ticking in terms of what the ordinance says the timeframe is by which you have to make a complaint. So we're going to have this little beginning time that's going to be uncomfortable - This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #14 page 5 Atkins/ That was discussed. Kubby/ And I don't know if we can be flexible about that timeframe because we're passing it. And - Atkins/ If a citizen were to file a complaint with the adoption of the ordinance, whenever the legal period - Dilkes/ Sixty days. Atkins/ I would assume you'd want us to move on it, even routinely, under our current policies and procedures. So, that it is given some attention. Dilkes/ But I think one of the very first things that's going to have to be done is to get the staff person up and running, and so hopefully, it won't be that long before there's some staff support for the Board and they can start acting on their complaints. But certainly, we're in the process of revising the complaint form and getting that ready to go, so that will be available at the time, you know, so. Kubby/ I really want us to be as flexible as possible within this strange time period between when we, the ordinance becomes law and we're ready to implement it. Norton/ But that could happen before we have - Nov/ Certainly it can't become law before we get to the point of appointing those members. Norton/ No. Kubby/ If we pass and adopt - Atkins/ It's law, right. Nov/ It's law. Kubby/ It'll be published and then it's law. Nov/ So- Kubby/ So (can't understand) for a short period of time, I just want us to be conscious of how to sensitively and fairly deal with that dilemma. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #14 page 6 Okay. Another way to deal with the dilemma is to appoint the people before we do the final vote. We could say were going to appoint these people on, what is it, August 26th or something? Atkins/ Well, then you could end up and have a whole bunch of candidates and spend an evening debating it, and not settle then on five. I think you'd be better to, my impression is to pass the law, - Thornberry/ I agree. Atkins/ Ir~owing that you're going to have some bumps in the road along the way. Excuse me, Eleanor. Dilkes/ I don't think the main concern is that sort of a statute of limitations for the people filing, because I think we can make those complaints available, and they can get them filled out and filed. The delay is going to be, if there is any, is acting on the complaints. So I don't know that we necessarily - Kubby/ But that date is for the filing of, for starting the process - Dilkes/ It's for filing their complaint. Kubby/ That helps me out a lot, thank you. Lehman/ I guess I have one question to Council for this Board. We're not envisioning that legal counsel attend all of their meetings, are we? Nov/ No. Lehman/ Only when called upon. Norton/ Be on call. Lehman/At the discretion of the Board. Dilkes/ The Board and then, I think the liaison would be the staff person with the attorney. Lehman/ Yeah, okay. Norton/ Be on call, in other words. Thomberry/ Could one of the Board members be an attorney? Nov/ This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #14 page 7 Norton/ I thought we decided against that because it would put too big a burden on them. Kubby/ Well they could be, but they shouldn't be the attorney, they shouldn't be, I believe, a member of the Review Board, and the Attorney Review Board at the same time. Norton/ No. Atkins/I don't think you can advise both at the same time. ??/ No, you can't do that. Norton/ And we thought it would put a big burden on a person to do that, too. Kubby/ Give them too much power. Thornberry/ Well, it's a conflict of interest. Atkins/ I just wanted you to know there's a lot of details that've got to be put together. There may be some bumps in the road. Thornberry/ Well, chances are, - Nov/ Okay, what've we got, are we ready to vote? Thornberry/ Chances are, if the Board's not going to be contacting an attorney on a daily or a weekly basis anyway, I mean. Dilkes/ It's going to be more so at first, and less as it moves along. Norton/Yeah. Dilkes/I think. Atkins/ Again, you become more comfortable with the process, and the individuals involved, and maybe the relationship between the staff person and the Board, develops, he or she will be able to identify when it's time to - Kubby/ And I lmow we're announcing appointment later in the meeting, but I really hope that people will come forth in large numbers to apply. I'd really love to see, specifically, a very diverse board, racially, especially, for the PCRB. So I hope a lot of people apply, to put some energy into this form of citizen oversight. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #14 page 8 Thomberry/ Well, I would like to see this as diverse as our population. Not any more SO. Nov/ Well, that's what we aim for. Okay, roll call- (yes; Vanderhoef, no). Okay, we have approved the final consideration on a 6-1 vote, Vanderhoef voting no. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #15 page 1 ITEM NO. 15 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. (PASS AND ADOPT) Nov/(Reads agenda item #15). Kubby/ I move first consideration. Norton/ Final. Kubby/ Oh, I'm sorry. I move final. Norton/ Second. Nov/ Moved by Kubby, seconded by Norton. Any discussion? Lehman/ I have a question for Misha on it. In Breeders Rules and Regulations there's a change that says that breeders shall not breed more than two dogs and two cats in a twelve-month period. That's the change. Goodman-Herbst/ Number five? Lehman/ Yes. It says earlier, they cannot have more than four dogs and five cats. Now, if they have a male dog and three female dogs, they can breed only two of those dogs? Kubby/ Within one year, within one twelve-month period. Goodman-Herbst/ They can have, they can have two female dogs, or two female cats, and two female cats, in a household, and each one of those can have a litter. Does that make sense? The males aren't having litters. It's the females we're talking about here. Lehman/ I lmew that. Nov/ And so if you had two male dogs and two female cats - This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #15 page 2 Goodman-Herbst/ What it allows is that if you have two dogs, it allows you to breed both dogs and have two litters, rather than putting the burden on one dog to have two litters in a year. Lehman/ But, if you have four dogs, they're all female? Goodman-Herbst/ Then you can choose two, yes. Lehman/ Or one twice. Goodman-Herbst/ No. You may not do one twice. Lehman/ All right. Goodman-Herbst/ Which is number six. Norton/ Now we can all understand that distinction - Lehman/ I guess I understand that. Norton/ Five and six. Nov/ Thank you for clarifying that. Kubby/ This is really in part of the Schedule of Fees, Rules and Regs, and isn't really part of the Exotic. Lehman/ That's not exotic. Nov/ Okay. Lehman/ Okay. Nov/ Any other discussion? Thomberry/ Yes. Now, is this under - Kubby/ All the stuff that we talked about last night is under the next item, right? Nov/ Right. Thornberry/ I want to get there. Kubby/ You'll get your chance. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #15 page 3 Nov/ Discussion of the regulations (can't understand) - Kubby/ You'll get your chance. Nov/Next item. This is the ordinance which we have discussed several times - Thornberry/ Yes, several times. Nov/ Several times, and we're ready to do a roll call. Roll call- (yes). Okay. We have approved final consideration of this ordinance. Thank you, Misha. Lots of work went into this one. And also thanks to all the citizens who contributed. Goodman-Herbst/ Definitely. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #16 page 1 ITEM NO. 16 RESOLUTION SETTING FORTH A NEW SCHEDULE OF FEES, RULES, REGULATIONS AND GUIDELINES FOR THE PROVISION OF ANIMAL CONTROL SERVICES, ANIMAL LICENSING, ANIMAL PERMITS AND ANIMAL ADOPTION. Nov/ (Reads agenda item #16). Kubby/ Move adoption of the resolution. Vanderhoef/ Second. Nov/ Moved by Kubby, seconded by Vanderhoef. Discussion? Kubby/ There were some things I was asked to ask about, and if you'll look on the first page about acceptance fees for resident and non-resident owners, the language is clarified as to what kind of animal we're talking about, and there is now a distinction between how much a resident owner pays, meaning an Iowa City or Coralville resident, or someone else from another community, or in the unincorporated areas of Johnson County, who is an individual owner coming in to drop off the animal. And they are double for non-residents. So that was one of the questions. The second question was about the deposit for the trap rental, and that's on the next page. I just clarify that the i£you're renting a cat-trap, you put down a $5.00 deposit, and there is no charge, if you bring the trap back, you get the deposit back, which is what a deposit means, but there is no charge for the use of the trap. Other live animal traps are $1.00 per day, and there's a $5.00 deposit, and this is how it works, if you use it for three days, you get $2.00 back, if you use it for six days, you owe a dollar. It's a downpayment, kind of. The other thing I was asked about last night was about rules for rodeos and circuses, and those are forthcoming. We need to direct the Animal Control Advisory Committee in terms of what kind of timeframe we want them to work in, in returning with those kinds of guidelines. Norton/ You mean, the rules and regs apply to them, or - Kubby/ For rodeos and circuses, so that staff- Goodman-Herbst/ But that will be an amendment to the ordinance. Norton/ We hope there's something available in other places that you can adapt. Kubby/ Yeah, but we just need to give them direction as to time. Misha felt they didn't need a whole year to do that. Lehman/ And there's no sense of urgency on that front. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #16 page 2 Thomberry/ Are you sure? Norton/ Like what do you want, Christmas? Nov/ I assume this is the same committee that governs the Animal Shelter and is meeting once a month anyway? Goodman-Herbst/ Yes. Nov/ So, this, okay. Norton/ So name a time. Kubby/ Six months? Goodman-Herbst/ That's fine. Kubby/ I don't think there was anything else that we had talked about? Vanderhoef/ Just one thing. I was curious whether these sheets basically outlining the rules and regulations are going to be used as information sheets for patrons? Goodman-Herbst/ Yeah, there'll be a pamphlet made up that will be handed out whenever somebody requests one, but also with anybody applying for a permit. Vanderhoef/ Okay. What I had just questioned was whether we ought to have a statement someplace there about the penalties that failure to comply with certain things would be a penalty. Goodman-Herbst/ We can certainly add that in. Vanderhoef/ If that's the information sheet that patrons are going to get, then I think that- Goodman-Herbst/ Yeah, we can add in that if it's a simple misdemeanor or - Vanderhoef/ Municipal infraction, or whatever - Goodman-Herbst/ Sure. Vanderhoef/ Okay, thanks. Kubby/ I'm sorry, Dee, I forgot to mention that. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #16 page 3 Vanderhoef/ Okay. Nov/ Okay. Any other discussion? Roll call- (yes). Thornberry/ Misha, one other question before we go on to the next item. Animals without traceable identification tag or implant, do you have one of those scanners? Goodman-Herbst/ We have six of them. Thomberry/ You have six of them? Goodman-Herbst/ Different types, different companies, yes. Thornberry/ You have to scan them with each one so that - Goodman-Herbst/ Not usually. We have one or two scanners that pick up most companies' chips. It's not a, something that's done here yet, but it's becoming more popular, and we're glad about that, because it's a great way to identify an animal. Thornberry/ Do you know if the University has scanners? Goodman-Herbst/ Yes, they do, and in fact, it's important for people to know that the research lab scans every animal that comes in. If it has a microchip of any kind, whether or not it's traceable, sometimes somebody will sell an animal to somebody else and they won't renew the identification. If it's not traceable, they still will not do research on that animal. The animal will come to the Shelter, or they'll adopt it out to a family or something like that. They had one of those last year. Thornberry/Thank you. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 ,July 15, 1997 City of Iowa City Page 14 ITEM NO. 17. ITEM NO. 18. ITEM NO. 19. CONSIDER A RESOLUTION ESTABLISHING THE NAIVIE OF THE EAST- WEST ARTERIAL STREET IN NORTHEAST IOWA CITY. Comment: The City Council requested staff forward a recommendation regarding the naming of this street. The Iowa City Historic Preservation Commission has recommended "Captain Irish Parkway," named after Captain Frederick M. Irish, an early settler and prominent Iowa Citian in the mid- to late-nineteenth century. The City's street naming policy designates streets in the northeast quadrant to be named after pioneer and historic figures. Staff memoranda included in Council packet. Action: ~~ CONSIDER A RESOLUTION CHANGING THE NAIVIE OF NORTH DODGE COURT LOCATED IN RICORD'S SUBDIVISION AND IN THE RESUBDIVISION OF A PORTION OF LOTS 5 AND 6, JACOB RICORD'S SUBDIVISION TO DODGE STREET COURT. Comment: The street has been identified as Dodge Street Court on City street signs, maps, and telephone books. The residents/property owners affected have been notified by letter of the pending street name change. CONSIDER A RESOLUTION SUPPORTING THE STUDY AND POSSIBLE IIVIPLEMENTATION OF PASSENGER RAIL SERVICE THROUGH CHICAGO, WYANET, QUAD CITIES, IOWA CITY, DES MOINES, AND OMAHA. Comment: Aretrak and the Federal Railroad Administration are evaluating a change in the route for passenger rail service between Chicago and Omaha. The Bi-State Regional Planning Commission of the Quad Cities has asked municipalities located along the Iowa Interstate Railroad route to consider adoption of a resolution supporting the study and possible implementation of passenger rail service using the Iowa Interstate Rail Line. A similar resolution was passed by the JCCOG Urbanized Area Policy Board at their meeting on July 9. Action: #17 page 1 ITEM NO. 17 CONSIDER A RESOLUTION ESTABLISHING THE NAME OF THE EAST-WEST ARTERIAL STREET IN NORTHEAST IOWA CITY. Nov/ (Reads agenda item #17). Norton/ Move adoption of the resolution. Vanderhoef/ Second. Nov/ Moved by Norton, seconded by Vanderhoef. Discussion? John Shaw/ I would just like to get something read into the record. I'm John Shaw. I speak as the chair of the Historic Preservation Commission. During our discussion, one of the Commission members suggested that we name this roadway Emma Arvid (??) Parkway. It was discussed. We decided, we discussed that this land was not part of the City when she was mayor, nor during her lifetime. It was far removed from the center of town, and we felt that this was not an adequate recognition of her. And it was suggested that perhaps the proposed Center Space work would offer an opportunity for her to be recognized. Nov/ Very good, thank you. Norton/ So noted. Kubby/ Something more substantial than a road. Baker/ A lot more expensive. Norton/ Roads are boy things. Baker/ I didn't say roads are boy things. I said trains are boy things. Norton/ Trains are boy things. Nov/Any other discussion? Roll call- (yes). That's it, everybody voted. We have approved this resolution. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #18 page 1 ITEM NO. 18 CONSIDER A RESOLUTION CHANGING THE NAME OF NORTH DODGE COURT LOCATED IN RICORD'S SUBDIVISION AND IN THE RESUBDIVISION OF A PORTION OF LOTS 5 AND 6, JACOB RICORD'S SUBDIVISION TO DODGE STREET COURT. Nov/ (Reads agenda item #18). Vanderhoef/ Move adoption of the resolution. Nov/ Moved by Vanderhoef Baker/ Second. Nov/ Seconded by Thomberry. Thornberry/ No,- Nov/ Was that Baker? Seconded by Baker. Wow. Moved by Vanderhoef, seconded by Baker. Discussion? Thornberry/ I was just wondering if anyone in that area affected by the name opposed the name change? I remember a discussion, before I got on the Council, about another road that was proposed to be changed its name, and there were a lot of people that were opposed to changing the name, and a lot of them wanted to change, and I believe that was Dingleberry Road or something. Norton/ Abbey Lane. Fosse/ Abbey, yeah. Nov/ That's in the County. It's not ours. Fosse/ In this case, we're changing the name to what everybody's already been calling it, and - Thornberry/ Okay. Fosse/ So, we've sent out letters to everyone, and we've not heard back anything negative about it. Baker/ That's why I seconded the motion. Norton/ Non-controversial. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #18 page 2 Thomberry/ No fence there at all, huh? Nov/ Okay. Roll call- (yes). We have approved the resolution. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 July 15, 1997 City of Iowa Oity Page 15 ITEM NO. 2.0. CONSIDER A RESOLUTION AUTHORIZING THE IVIAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN EXTENSION AGREEMENT FOR FY97 PARATRANSlT SERVICE BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY. Comment: This resolution will extend the FY97 Paratransit service agreement between the City of Iowa City and Johnson County [SEATS] for one month, July 1997. The total cost for the extension is $47,182. Any fare revenue in excess of $2,567 will be returned to the City. This amount is in line with the monthly rate paid for the FY97 service. The City and Johnson County are currently negotiating the agreement for FY98 paratransit service. Action: ITEM NO. 21. ITEM NO. 22. 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. At its June 16 meeting, the Design Review Committee reviewed the redesign and recommended denial. Consideration and 17. Action: was deferred from June 3 CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEIVIENT BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA TO USE PUBLIC RIGHTS-OF- WAY FOR THE INSTALLATION, OPERATION, AND IVIAINTENANCE OF THE CAIVIPUS FIBER OPTIC NETWORK. Comment: This agreement will allow The University of Iowa to install, operate, and maintain a portion of the Campus Fiber Optic Network which runs from the Lindquist Center to the intersection of Clinton Street and Lafayette Street along the route shown in the exhibit attached to the agreement. #21 page 1 ITEM NO. 21 CONSIDER A RESOLUTION APPROVING THE DESIGN OF THE IOWA CITY TRANSIT INTERCHANGE FACILITY. Nov/ (Reads agenda item #21). Lehman/ Can we postpone this indefinitely? Nov/ We can defer indefinitely. Lehman/ I so move. Nov/ Second? Vanderhoef/ Second. Nov/ Moved by Lehman, seconded by Vanderhoef that we defer indefinitely. Atkins/ Before you do that - Norton/ Yes? Atkins/ I dofft lmow what we told the folks that are funding it, whether we gave them some idea, like okay we'll continue your funding with the understand that -, and I don't h~ow the answer to that now. Marian Karr/ We can mark a date? Nov/ Well- Atkins/ Well, what was that again, Marian? Karr/ Deferring indefinitely - Nov/ We could just put it back on the agenda in two weeks if we have to. Kubby/ But that's also a date to help us in communicating in a tight timeframe with the Mall owners. Atkins/ It would do that, yeah. Kubby/ I think it might help our communication flow back and forth a little more - Nov/ We should explain that we're considering another, other alternatives which would be space in the Old Capital Mall along Clinton Street. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #21 page 2 Atkins/ Yeah, if you wouldn't mind - Nov/Okay, if this doesn't materialize, we're also saying we want to redesign this. Kubby/ So should we say a month, and we can always - Atkins/ August- Kubby/ 26th? Yeah, yeah. Atkins/ I would prefer that, if you wouldn't mind. Kubby/ Make another motion with that in mind then. Lehman/ I change that to August 26th. Nov/ All right, August 26th is acceptable. Thomberry/ It might give the Mall ownership people who are out of town enough time to respond. Atkins/ Oh, I think we can make sure - Kubby/ We can defer again if we need to. Atkins/ I just want to make sure that the staff didn't tell the funding agency something and we have to defer again. Kubby/ We can just keep on deferring. Nov/ There isn't any reason that we can't defer to August 26th, and whether or not we have anything to hear at that point, we don't know. We may have to defer again. Norton/ Alternative design thinking is going on parallel, I'd take a guess. Atkins/ Yeah. Nov/ Is this going on parallel? Norton/ Alternative design, yes. Nov/ What we heard from Joe last night was that we would not spend any money on alternative designs - This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #21 page 3 Atkins/ I thought, alternative design to me meant meeting with the Mall folk. Norton/ (can't understand) Nov/ No,- Norton/ They're not going to do anything with the plans. Nov/ Meeting with the Mall folks is going to happen if that comes out as a negative, you know, cannot do it, we're then going to put time into an alternative design. Atkins/ That's fine. Norton/ That's right, yeah. Nov/ So we may not be able to bring this to a vote on the 26th. Atkins/ That's fine. Norton/ Yeah. Thornberry/ If we get a no real quick, we can start - Atkins/ Yes. Nov/ Okay. Atkins/ (can't understand) Thornberry/ Okay, I understand. Nov/ We're still up in the air. You understand. Thornberry/ Yes. Nov/ Okay. Now, are we ready to vote on deferral to August 26th? Thornberry/ Yes. Nov/ All in favor, please say aye- (ayes). All opposed, same sign. Okay, motion carried. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #22 page 1 ITEM NO. 22 CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA TO USE PUBLIC RIGHTS-OF-WAY FOR THE INSTALLATION, OPERATION, AND MAINTENANCE OF THE CAMPUS FIBER OPTIC NETWORK. Nov/ (Reads agenda item #26). Norton/ Move adoption of the resolution. Nov/ Moved by Norton. Baker/ Second. Nov/ Seconded by Baker. Discussion? Kubby/ Have we talked about any kind of, 'cause they're, I assume they're using public right-of-way, am I correct? Nov/ That's what it says. Kubby/ I mean, we have tried to be real consistent in our future cable ordinance that staff is working on, to be consistent to anyone that's using the fight-of-way for communication purposes, should be (can't understand) in lieu of, possibly, as we do with other things with the University. Dilkes/ There's a provision in this agreement that says it doesn't do anything to our right in the future to do what we want with the fight-of-way, including the imposition of fees for the fight-of-way. Kubby/ Okay. Dilkes/ But that's, so we're reserving our fight to impose that - Kubby/ And I understand that. And the University understands? Dilkes/ I don't know if they understand. Kubby/ (can't understand) Dilkes/ I'm assuming they and their counsel have read the agreement. Atkins/ They signed it, right? This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #22 page 2 Kubby/ Okay, I guess maybe that's my question. Dilkes/ They signed it, yeah. Jeff McClure/ Finnegan, Mr. Finnegan, the Business Administrator, read the agreement, and signed it, so - Kubby/ Okay, thank you. So I guess we don't need to be real concerned. And maybe if we want to forgo fees, maybe it's because the City can tap into it for educational purposes, and purposes of access to local government, and lieu of franchise fees. So that's something to talk about later. Norton/ Well, that's what I was going to ask. Is that possible, that we could make some use of this system? Dale Helling/ Underground? Thomberry/ Yeah, like stringing it house to house like (can't understand). Helling/ Assuming a conduit of some kind, you could use some kind of future (can't hear) Norton/ I don't know. Nov/ I don't know. That's not part of this agreement. Kubby/ No, it's not, but I'm talking about in the future, when we try to be consistent about these fees right away, that that might be an option for service in lieu of fees. We can think about it later. Dilkes/ It's something we can think about. Helling/ Yeah, generally in telecommunications, we're talking about one of two things. One would be capacity in the fiber itself, and the other would be conduit, but we don't have, we don't know what, in either of those cases, what excess capacity now. Norton/ Then make it big enough to get another cable, another optic. Can't hurt. Helling/ I mean, yeah, the cost of incurring some of the incremental cost to put in a bigger conduit if we lmew we were going to do any of those kinds of things is possible if you have a plan. Lehman/ He just thought of this. Let him have aplan. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #22 page 3 Norton/ Oh, see, I've got a plan. Nov/ It's a very limited area, actually. Norton/ Yes. But crossing the river's not trivial. Thornberry/ I doubt that the University is going to be using fiber optic network thinking that it's probably state of the art, and TCI doesn't see that might be not the state of the art. Maybe we can use this University fiber optic network to connect households. Nov/ I don't think it's big enough. Thornberry/ No, not big enough. I'm sure the University could put in a big enough fiber optic network. Nov/ From the Lindquist Center to Lafayette Street? Yes. There's not many households along there. Lehman/ Let's vote. Nov/ Roll call- (yes). We have approved the resolution. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 July 15, 1997 City of Iowa City Page 16 ITEIVI NO. 23. ITEIVI NO. 24. CONSIDER A RESOLUTION TEMPORARILY CLOSING PORTIONS OF IOWA AVENUE, DUBUQUE STREET, AND JEFFERSON STREET RIGHTS-OF-WAY AND AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR TEIVIPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA. Comment: The University of Iowa desires to construct the Biological Sciences Renovation and Replacement Annex and New Building Project located on the east and west sides of Dubuque Street between Jefferson Street and Iowa Avenue. The temporary use and closure of City rights-of- way along Iowa Avenue, Dubuque Street, and Jefferson Street are necessary during construction to secure the construction site against pedestrian and vehicular traffic and provide adequate space for construction. Closure includes the removal of on-street parking and sidewall( along portions of the north side of Iowa Avenue and the south side of Jefferson Street and the east traffic lane and sidewalk along Dubuque Street. Pedestrian detours will be provided. The anticipated starting date for this project is July 1997 and is expected to be finished no later than September 2000. Approval of this agreement does not signify approval of a skywall(. Action: ~//~'~/~~-~--~ co.s, OF AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND GREGORY AND MAUREEN CILEK FOR TEMPORARY USE OF RIGHT-OF-WAY FOR A PORTION OF NORTH GILBERT STREET IN IOWA CITY, IOWA. Comment: This agreement allows the property owner at 404 Brown Street to place a retaining wall along the Gilbert Street right-of-way for erosion control and aesthetic reasons. The agreement also provides that if the retaining wall is removed for any reason by the City, the property owner is responsible for the restoration of the wall. Public Works and Engineering recommend approval of the Temporary Use of Right-of-Way Agreement. Action: ~ ;~,_/ ~ ~ #23 page 1 ITEM NO. 23 CONSIDER AN RESOLUTION TEMPORARILY CLOSING PORTIONS OF IOWA AVENUE, DUBUQUE STREET, AND JEFFERSON STREET RIGHTS-OF-WAY AND AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA. Nov/ (Reads agenda item #23). Vanderhoef/ Move adoption of the resolution. Thornberry/ Second. Nov/ Okay, moved by Vanderhoef, seconded by Thornberry. Vanderhoef/ Okay, I'd like to just throw out a couple of ideas here. Last night, I mentioned to you foilcs that I was very concerned about losing roughly twenty- five parking spaces for the period of two to three years. They're along Iowa Avenue, and Jeff said that they would take a look at it, and there wasn't a whole lot of time. Since that time, I've also been thinIcing about, that we are in the middle of process right now of Design Review and getting ready to do our upgrade and refurbishing of Iowa Avenue, down the center, and cleaning it up and making it a very inviting place to be downtown. Two to three years is quite a long time, and I would like to defer this issue, if we could tonight, until we have a little opportunity to explore what the University, how we might coordinate these activities and address this concern of the loss of the twenty-five parking spaces. I would request that we defer this until, what is it, July 28th?, 29th. Nov/ (can't understand) and all this starting in July. McClure/ Right now, what they're using the area for, up where the annex is being built, they're just using it for access on and off of Iowa Avenue. And, right now, it really doesn't pose too much of a problem. They are working underneath a City right-of-way excavation and right-of-way access permit, and that's good for fourteen days, and we can just extend that another fourteen days, or until the day that you have, you know, decided to bring this up again, or we can get something worked out again, so the answer would be no, it doesn't close the road. Nov/ While you're here, have City staff made any recommendation about the sculpture that has to be moved? It belongs to the City. Atkins/ The Snelson. Nov/ Yeah, the Snelson. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #23 page 2 Atkins/ In fact, David brought it down to me this afternoon. I have not yet read his report in detail, but I understand they're going to recommend that it be moved to somewhere in Terrell Mill Park. That's all that I have on that. Norton/ Do we need a second to Dee's - Nov/ That's going to be not as visible as it should be, in my opinion. Kubby/ That's right. It is a piece that we should put in a little bit higher esteem than that, maybe. Atkins/ Sure. Nov/ But- Kubby/ But where is a pretty big - Nov/ Pedestrian-visible. That would be visible just from cars. Okay, let's think about that one more. Atkins/ I've not read the report. Now, you'll be getting a (can't understand). Norton/ Did you make a motion do defer, Dee? Vanderhoef/ I made a motion to defer to July 29th. Norton/ I'll second that. Nov/ Okay. Norton/ If we can find out some options. Atkins/ In the meantime, we're to go back to the University, discuss the issues of Iowa Avenue on that project as well as the implications of the loss of twenty-five spaces, and how they might be made up. Okay. Kubby/ And what is permanent, or what is long-term fencing around construction, to (can't understand) possible murals. Atkins/ Yes. Nov/ All right. We have a motion to defer to July 29th. Will the original mover and seconded agree to ~ This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #23 page 3 Karr/ Motions to defer have precedence anyway. Nov/ They have precedence? All right. Is everyone else satisfied with the deferral? Baker/ Quick question on the language of this description. Why is that last sentence even in the description, "Approval of this agreement does not signify approval of a skywalk" ? I mean, they already know our theory. Nov/ However, (can't understand) I don't know exactly why, it's just Thornberry/ Crept in. Atkins/ No, it didn't creep in. I think it was put in deliberately to say - Nov/ That this has nothing to do with a skywalk. Atkins/ Yeah, it has nothing to do with the skywalk. Nov/ This construction- Okay. Baker/ (can't understand) want people to believe that we actually do have the power to approve the skywalk. Atkins/ I think we've made sufficient statements that we do not have the power to approve - Baker/ This is a little bit misleading. Thornberry/ But they are a good neighbor, and they're going to put in a great looking skywalk. Atkins/ Dean, I'm sorry, I didn't catch that. Nov/ We're not discussing the skywalk. It's not part of this resolution. Thornberry/ I was just asking (can't hear). Nov/ Okay. All in favor of deferral, please say aye- (ayes). Opposed, same sign. Motion carried. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #24 page 1 ITEM NO. 24 CONSIDER A RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND GREGORY AND MAUREEN CILEK FOR TEMPORARY USE OF RIGHT-OF-WAY FOR A PORTION OF NORTH GILBERT STREET IN IOWA CITY, IOWA. Nov/ (Reads agenda item #24). We have had a request to defer this and refer it to the Historic Preservation Commission for their input, or else to vote on it saying subject to the approval of the Historic Preservation Commission. Kubby/ (can't understand) Lehman/ Doesn't it say, approval of the staff upon consultation with the Chair of the Commission. Nov/ Well- Lehman/ It's the recommendation from Scott. Nov/ I dont - Lehman/ He recommends that as opposed to the full Commission. Thornberry/ Sure. Kubby/ I'd like to approve this with the condition, versus deferral. Nov/ (can't understand) Kubby/ They can move faster. Nov/ Sure. Kubby/ I mean, once that approval is given, they don't have to wait for Council meeting to act, on their construction of the wall. Nov/ I don't think this says approval of the Chair. Lehman/ "Upon consultation with the Chair of the Commission. The latter method would likely provide adequate review of the proposal." So, it appears to me that Scott is recommending that staff, along with the Chair of the Commission -- Kubby/ And the Chair may choose to consult the Commission. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #24 page 2 Lehman/ That's right. Kubby/ The Chair is here - Nov/ I assumed the Commission was going to be involved, the way I read this. Shaw/ We have the option to take it in front of the full Commission, or on things that are considered minor issues, to have the Chair consult with the staff, in the interest of expediating issues. Kubby/ It's part of our new, streamlined - Nov/ Oh, okay. Okay. It's your option then. Now, may we first move the resolution and then the amendment, or the conditions, or whatever. Kubby/ Move adoption of the resolution. Norton/ Second. Nov/ Moved by Kubby, seconded by Lehman. Now, - Kubby/ Now, I move we amend this so if it is approved upon condition of approval by staff upon consultation with the Commission, and/or the Chair. Lehman/ Second that. Nov/ Okay. Moved by Kubby, seconded by Lehman, that it is approved subject to the approval of the staff and Historic Preservation Commission Chair or full Commission. It's their call. Okay. Is there any further discussion? All in favor of this amendment, please say aye- (ayes). Okay, motion carried. Now, is there any further discussion of this resolution as amended? Roll call- (yes). We have approved the resolution as amended. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 July 15, 1997 City of Iowa City Page 17 ITEM NO. 25. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A STORM SEWER, SANITARY SEWER, AND DRAINAGE EASEMENT AGREEMENT FOR AUDITOR'S PARCEL 96089, ABUTTING LOT 10 IN WILD PRAIRIE ESTATES, PART TWO, IOWA CITY, IOWA. Comment: Pursuant to the Code of Ordinances of the City of Iowa City, Iowa, Kennedy-Hilgenberg Enterprises submitted a subdivision and development plan for the area known as Wild Prairie Estates, Part Two, Iowa City, Iowa. Pursuant to said plat and plan, certain easements must be acquired for the provision of public infrastructure, which includes easements over Auditor's parcel 96089 abutting Lot 10 in said subdivision. City staff has approved the proposed Storm, Sewer, Sanitary Sewer, and Drainage Easement Agreement as well as the general utility easement grant required for infrastructure in this area. This Resolution authorizes the City's execution of the necessary Easement Agreement. Action: ITEM NO, 26. ITEM NO. 27. CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT FOR THE CONSTRUCTION IOWA RIVER CORRIDOR TRAIL PROJECT - BURLINGTON STREET TO NAPOLEON PARK. Comment: The project involves the construction of a concrete and asphalt trail along the Iowa River from Burlington Street to Benton Street on the west side of the river, across the Benton Street Bridge, and from Benton Street to Napoleon Park on the east side of the river. The estimated construction cost is 91,800,000; approximately 9750,000 is covered by federal funds. Action: CONSIDER A RESOLUTION AUTHORIZING THE ACQUISITION OF PERMANENT AND TEMPORARY CONSTRUCTION EASEMENTS FOR THE CONSTRUCTION OF THE IOWA RIVER CORRIDOR TRAIL - BURLINGTON STREET TO NAPOLEON PARK PROJECT. Comment: This resolution authorizes the staff to negotiate permanent trail and temporary construction easements for construction of the Iowa River Corridor Trail from Burlington Street to Napoleon Park, including the authorization of condemnation if necessary. Every effort will be made to negotiate acceptable agreements without resorting to condemnation. to proceeding with condemnation, staff will notify Council. Action: ~/~/~ Prior #26 page ITEM NO. 26 CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERIC TO ATTEST AN IOWA DEPARTMENT OF TRANSPORTATION FUNDING AGREEMENT FOR THE CONSTRUCTION IOWA RIVER CORRIDOR TRAIL PROJECT - BURLINGTON STREET TO NAPOLEON PARK. Nov/ (Reads agenda item #26). Kubby/ Move adoption of the resolution. Vanderhoef/ Second. Nov/ Moved by Kubby, seconded by Vanderhoef. Discussion? Kubby/ It'll be great to have this section of the trail done. A nice big section. Lehman/ Well, I've got a question about it. Is this necessarily authorizing total construction? I mean construction of the total project? Vanderhoef/ This authorizes the DOT money, the IDOT money of $750,000, and our obligation of 20% which is $250,000. Lehman/ Right. Now if you were to carve the project up, I think about ??/ I'm sorry, I stepped away. Lehman/ Well, no, what I'm thinIcing is perhaps this may not, timeframe sort of thing. Whether or not this gets done in a year, or eighteen months, or whatever, because of some of the financial constraints we find ourselves in, we might like to program this out a little bit without, I don't want to lose the funding - Atkins/ As I understand it, we, this funding commitment, a commitment on both parties, you know, we're saying that we're going to proceed with the project under some sort of schedule, but then if we change that schedule, that we may then change that schedule at the same time, the IDOT folks want to obligate their money subject to ours. Lehman/ We're talking about obligation with no time frame. Atkins/ Well, I suspect there's - Lehman/ I shouldn't say with no timeframe. Atkins/ There's a time frame. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #26 page 2 Vanderhoef/ And the obligation of our 20% match that goes with the $750,000, so - Norton/ A matter of stretch-out is all Emie's - Lehman/ That's all I'm talking about Norton/ That's feasible, some sort of stretch-out. Lehman/ Yeah, that we may or we may not do. Atkins/ As I understood it, yes. Lehman/ Okay. Kubby/ You've waited all this time? I would love to hear from you. Nov/ I thought we'd heard - Kubby/ Do four of us want to hear from you is the real question? Norton/ I always want to hear from Casey. Casey Coolc/ We know you're looking for some opportunities to do something about the budget crisis, and we take those very seriously. If you recall, it was at an informal meeting that I spoke to you before, and I think that at that time, there was a consensus, and by that I mean four votes in favor era $2,300,000 project, and upon my standing up, would be another consensus give me the right to do that. I convinced you that was a good idea to cut tictat down $700,000. I think that while there many be many opportunities to find ways to address the budget crisis, I would encourage you not to use this as one of them. I think it was an economy move then. I think you leveraged funds, and leveraged City resources effectively then, and I think that it would be a wise move to approve this thing in its entirety now, at $1,800,000. One other thing that I would add. I've always felt that the trail system serves both transportation and recreational needs. And in fact, these are linear parks, they are, in effect, part of our park system. And that being the case, there are funds available for the acquisition ofparldand, that are coming through the hotel/motel taxeg. And thege fundg have been very ~1ow to be ~pent. Right now, I think that $450,000 is being loaned from thoge timds, and for a very good project. But, I also think that some of those monies could be used in conjunction with this project, and maybe take some of the pressure off you in the crisis. So, I encourage you to consider that, and I encourage you to approve this $1,800,000, and follow the time schedule that was so wisely agreed to the last time I was here. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #26 page 3 Kubby/ Here, here, Casey. Thornberry/ Before you sit down, I do have a quick - Nov/ That was Casey Cook, by the way. Cook/ I'm sorry. Thomberry/ I do have a question, Casey, if you lmow, and you probably do, because you know most everything about what there is to know about this. Cook/ I'm being set up. Thornberry/ Is there, are, is there any part of this pro13osed trail that needs to have condemnation done? Cook/ Yes. Thornberry/And that means that someone, that, where you're wanting the trail put, doesn't want the trail on their property, and so we're going to have to condemn that property to put that trail there. Is that right? Cook/ Yes. There's along this trail, and I don't know how many property owners there are, and are you referring to the area from Benton Street to Napoleon Park? Thornberry/ Burlington Street to Napoleon Park is what we're talking about here. Cook/ Certainly Burlington to Benton Street, there's a number of businesses, I mean, obviously, you know who those businesses are, and there will be condemnation. But there will also be condemnation between Benton Street and Napoleon Park. And the beauty of this trail segment is that, for that whole length, there's one property owner. And the reason there's one property owner is because that spit of land between the Sand Lake, whatever that's called, the lake behind Hills Bank, and the river, back many years ago, when I wax a P/Z Commissioner, we engineered a trade so that the City could hav~ that land in ~xchang~ for som~ access out onto Sand Road and South Gilbert. So the beauty of this project is so little of the land between Benton Street and Napoleon Park will require condemnation, so you're getting a lot more bang for your buck as a result of that. Thornberry/ This is also between Burlington and Napoleon Park, we're talking about the whole. Cooky Yeah. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #26 page 4 Thornberry/The second question that I have, and the last question that I have is that what, how many people, this is a question that can't be answered. I'm looking at $1,800,000 for a trail from Burlington Street to Napoleon Park for the use of a very, very, very, very, very, very small percentage of the people. Cook/I suppose that basically - Thornberry/ That the $1,800,000, everybody is participating in, regardless, because, it's not just City money, but other monies, they don't produce it, they tax for it, we pay those taxes, we're getting a little bit of it back for this particular trail project, yes? Okay, thank you. Cook/ Was there a question there? Thomberry/ No question. Kubby/ Although we do have a policy where we try to increase, we estimated about three percent of our community commutes using bicycles. And that we have a community goal o£improving that to ten percent. And unless you have a system where people feel that it's safe and convenient, we're not going to get to our goal. And what that does is increase congestion in our streets that we end up paying for in many ways. And it's very - Cook/ I think there's a flip-side to that. Everybody who drives a car down Riverside Drive or South Gilbert has, at one time or another, conflicted with a bicyclist. This is an opportunity to get some of the bicycles off there, and get greater functional utility out of those two major arterials. In other words, everybody that drives those streets benefits as a result of all of this. That's a pretty big percentage of our population. It's not just the bicyclists, it's the flip-side of that that I think is equally important. It's the drivers. Thornberry/ (can't understand) drive bicycles all over town, not just in that area, so - Cook/ That's right, but that's a very congested, heavily trafficked area, and it's a particularly acute problem there. Thornberry/ Well, $1,800,000 1 can adjust to a bicycle, so - Nov/ Ernie? Lehman/ Let me just, I do not oppose it. You know, I'm not sure that I'm saying I think we should stretch it out, I just want that option available. And just informationally, I do not think we are in a budget crisis. We really are not, I mean This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #26 page 5 we, we'd like to see to it that we don't get there, and we will see to it that we don't get there. But, we are not in a budget crisis. Kubby/ Right, it's a short-term problem unless we fix it, and we're going to fix it. Lehman/Right, right. Thornberry/ I'd say it's problematic. Norton/ I have a question. Do we lmow for a fact the condemnation's going to be involved, --? Thornberry/ Yes, there is. Nov/ Yeah, there will be something. Norton/ Or have we gone that far? Dilkes/ Well, I think that assumes we can't negotiate an agreement - Atkins/ Acquisition would probably be a more precise term. Dilkes/ Acquisition- Norton/ Yeah, I was going to say, there's going to be the anticipation of that, but we don't lmow that for a fact. Nov/ No. Acquisition is the better word. Norton/ Okay. Atkins/ Also, I wonder, it's not uncommon for folks to say, okay, go ahead and condemn my property because there are certain tax advantages to that. Dilkes/Well, we do agreements in lieu of condemnations sometimes, yeah. Atkins/ So, that's what I mean. So, you have to officially say I'm condemning, but the property owners - Norton/ All I meant was if we aren't there yet, we don't know exactly what's going to happen. Dilkes/ That's right. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #26 page 6 Nov/ And that will always come back to the Council before it happens. Norton/ Yeah. Cook/ Thank you. Norton/ Thank you. Thornberry/ Thanks, Casey. Lehman/ So I guess, just to be clear on this, are we, by approving this, are we approving a timeframe? Kubby/ (can't understand) Atkins/ I can't, I cant' imagine that there isn't a timeframe, they're simply not going to you a commitment to it. Vanderhoeff The timeframe that I would see would be for the IST funds, which is the $750,000 Atkins/ Right. Vanderhoef/ And our matching $250,000, which is $1,000,000 of the $1,800,000. So that $800,000, to me is unencumbered as far as a timeframe, at this point. You know, we had it in our CIP, and that's the encumbered. Atkins/ 80% of the maximum is $750,000. The project, as proposed is $1,800,000. Norton/ There's no date of any kind in the resolution. Lehman/ There is no date. Atkins/ I don't know. It may not be in the resolution, but I strongly suspect that there's something that's tied to the IST funds. ??/ Oh, I would think so. Vanderhoef/ Yeah. Atkins/ But, Ernie, I, you show good faith on these projects to make commitments to spending these funds, I can't comprehend why they -- This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #26 page 7 Nov/ This has been allocated from JCCOG, in May, FY98. Allocation, and those things are reallocated if they're not used immediately. Atkins/ It could find its way back on a JCCOG agenda, for reallocation. Lehman/ And I'm going to see to it that does happen. Nov/ Yes, we will. Lehman/ That's right. Nov/ Got it. There's a lot of Federal department verbiage, I don't see any date in it though. Vanderhoef/ Well there's more than one IST thing. There's an IST, and then there's the runover on the West High School traffic light area where we had extra funds there that went into this project again. Thomberry/ You know, I could support this project if there were a mechanism in place, for example, a trail fee, you can buy a kit for the year and use all the trails like you do the national parks or whatever. And so, it would be a user fee type thing. But for everybody to have to dig in for a trail, I just can't - Kubby/ We do that for roads. Thomberry/ Oh, we do - Norton/ Gas tax - Thomberry/ We do pay - Norton/ That's for the - Kubby/ That's not all funded - Thomberry/So that's user fees for sure. Ask the trackers if they don't pay a road tax fee. But anyway, that's, you know, I'm against it for those two - Norton/ It's a big enough loop there, Dean, we're all paying for it. Thomberry/ Yeah. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #26 page 8 Kubby/ But, mile for mile, the more people you can get out of their cars and onto trails, the cheaper it is for us to provide those paths for transportation. It's a good economic tool, and it's a good transportation, as well as recreational tool. Thornberry/ I disagree that it's alternative transportation. I think - Kubby/ If someone - Thornberry/ I think it's, if you want to ride a bicycle, and you call it transportation, so be it. That's fine. Kubby/ I rode my bike down here tonight instead of driving my car. Thornberry/ I think it's still - Kubby/ That's transportation. Thornberry/ Yeah, I'm sorry, I didn't mean to interrupt you, go ahead. Norton/ Here we go, here we go, moving along. Nov/ Okay. Any further discussion? Roll call- (yes; Thornberry, no). We have approved this ordinance on a 6-1 vote, Thornberry voting no. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 July 15, 1997 ITENI NO. 28. City of Iowa City Page 18 CONSIDER A RESOLUTION AWARDING CONTR IZING IVIAYOR TO SIGN AND CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE WYDLE GREEN SANITARY SEWER PROJECT. Comment: The bid opening for this project was held July 1, 1997. The following bids were received: Maxwell Construction Co. of Iowa City, IA Tschiggfrie Excavating of Dubuque, IA Van Hauen and Associates, Inc. of Clive, IA Yordi Excavating of North Liberty, IA Engineer's Estimate $477,785.00 8479,236.20 8560,000.00 8572,791.00 8481,100.00 ITEM NO. 29. Public Works recommend award of the contract to Maxwell Construction Co. of Iowa City, Iowa. This project will be funded by Community Development Block Grant Flood Disaster Recovery Funds (8400,000) and the remainder by Sewer Revenue bond proceeds. Action: CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE SCOTT BOULEVARD TRUNK SEWER PROJECT. Comment: The bid opening for this project was held July 8, 1997. following bids were received: Barbarossa and Sons of Osseo, MN McAninch Corporation of Des Moines, IA Maxwell Construction of Iowa City, IA Kenko Construction of Minneapolis, MN Park Construction of Minneapolis, MN Langman Construction of Rock Island, IL Super Excavators of Menomonee Falls, WI Foley Construction Company of Clinton, IA Tschiggfrie Excavating of Dubuque, IA Engineer's Estimate The 81,988,741.00 82,095,525.00 82,103,000.0b 82,161,338.82 82,387,365.00 $2,563,079.00 82,676,321.00 82,746,546.00 82,981,627.00 82,759,000.00 Public Works recommend award of the contract to Barbarossa of Osseo, Minnesota. This project will be funded by Sewer Revenue Bond proceeds. A sewer tap-on fee will be established after construction to recover a portion of the project costs. Action: ~~~/¢~'~~ #29 page 1 ITEM NO. 29 CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE SCOTT BOULEVARD TRUNK SEWER PROJECT. Nov/ I have to say I really appreciate having all these bids. We have four bids here and nine bids there and five bids somewhere else - Norton/ Yeah. Nov/ And folks are really taking us seriously. (Reads agenda item #29). Thomberry/ Move adoption of the resolution. Lehman/ Second. Nov/ Moved by Thornberry, seconded by Lehman. Norton/ I don't, how can you get bids for anything differing by a million dollars? Nov/ I can't explain - Norton/ On a $3,000,000 project? Nov/ I cannot explain that. We'll take it. Norton/ Well, you know, wait a minute, something may give, I mean, how do you, what do you say, Chuck? Kubby/ If it's a responsible bid, and it meets all the specs, I mean if there's something wrong with what they propose, then - Charles Schmadeke/ Well, it seems like when the big contractors come from Minnesota to Iowa, that the bids really start to drop. We saw that with Park Construction, and now Barbarossa, and from what I understand, there's just no work in Minnesota. So these big contractors, whether they're just breaking even to keep their employees busy, or what, I don't know, but the prices really start to drop. Norton/ When would work start here? Schmadeke/ Probably be about six weeks after we award the contract, because they have to manufacture pipe and everything like that - Norton/ Just such a big chunk. Is this the first time Barbarossa has bid? This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #29 page 2 Schmadeke/ First time in Iowa City. They've worked in Cedar Rapids before. Nov/ I think these bidded numbers, the bidded costs, are very interesting, because Maxwell, for example, bid on three different projects in this book, and they're the low bid on only one of them. Norton/ I understand, you can never get something for nothing, so I always worry. Lehman/ But the four lowest bids are within $200,000 apiece. Norton/ Yeah, the four lowest, but the range is just so fantastic that it's - hope they're paying good wages. Kubby/ (can't understand). Nov/ Okay, we need a roll call- (yes). We have approved this contract. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 July 15, 1997 City of Iowa City Page 19 ITEIVi NO. 30. _ 9?-, 2¥ 5 ITEM NO. 31. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE NORTH IOWA RIVER CORRIDOR SANITARY SEWER IMPROVEMENTS PROJECT, Comment: The bid opening for this project was held July 9, 1997. The following bids were received: McAninch Corporation of Des Moines, IA Sulzberger Excavating of Muscatine, IA Langman Construction of Rock Island, IL Yordi Excavating of North Liberty, IA Van Hauen and Associates, Inc. of Clive, IA Engineer's Estimate 8437,922.80 8516,376.50 8525,470.00 8591,340.00 8602,495.00 8452,600.00 Public Works recommend award of the contract to McAninch Corporation of Des Moines, Iowa. This project will be funded by Sewer Revenue Bonds. Action: CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE SOUTHGATE AVENUE AND STEVENS DRIVE STORM SEWER IMPROVEMENTS PROJECT. Comment: The bid opening for this project was held July 10, 1997. The following bids were received: Yordi Excavating of North Liberty, IA Midwest Construction and Crane of Anamosa, IA Maxwell Construction of Iowa City, IA Manatts Inc. of Brooklyn, IA Van Hauen and Associates of Clive, IA Tschiggfrie Excavating of Dubuque, IA Engineer's Estimate 8171,850.93 8176,695.84 8188,716.72 8203,807.29 8223,699.90 8241,420.58 8201,000.00 Public Works recommend award of the contract to Yordi Excavating of North Liberty, Iowa. This project will be funded by General Obligation Bonds and Road Use Tax funds. Action: ~;~~ y ~ #30 page 1 ITEM NO. 30 CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE NORTH IOWA RIVER CORRIDOR SANITARY SEWER IMPROVEMENTS PROJECT. Nov/ (Reads agenda item #30). This is the one that we have been requested to defer. Is there any interest in the Council for deferring the award of this bid for two weeks? Karr/ Could we have a motion on the floor to discuss it first? Nov/ Yes. Lehman/ So moved. Vanderhoef/ Second. Nov/ Okay, we've moved and seconded, Lehman and Vanderhoef, that we consider the resolution. Now, please discuss whether or not we should defer this. Schmadeke/ I would go ahead and award it. I, I mean I don't know why the Corps visited the property. We haven't heard from them. Nov/ Did they consult you? Did they say they were going to visit this property? Schmadeke/ No, they did not. Nov/ Do you lmow who requested the visit to the property? Schmadeke/ No. Lehman/ Want to guess? Kubby/ Well, when we had talked about this before, when Margaret MacDonald and her attorney was present, we had said that we didn't wan to go in one direction because it would go through very wet land. And that we didn't want to go too far in the other direction, because, with the, it would be on a a steep slope, cause more damage, not be able to restore it as well, and possibly impact a 300 year-old tree, which we didn't want to do. And so, we're willing to move the alignment a little bit to, because we had a couple goals. I mean, we've kind of been firm about we want this general alignment. But the other goals are to cause the least amount of damage and to put this pipe in the alignment so that restoration's the easiest. And I think that we've been fairly flexible about trying to find that spot. So, I know this is very hard for Mrs. MacDonald, but I think that we, for the community, we need to have this pipe there, and - This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #30 page 2 Lehman/ Is this going to require boring under the evergreens and the road? Schmadeke/ Yes, it does. Lehman/ This is a part of the bid documents. Schmadeke/ Yes. Lehman/ It's not an option. Schmadeke/ No, it's not an option. Lehman/ And I think we discussed this, and I think Karen's right. We assured the property owners that we would do whatever we could to minimize the intrusion on the property, I mean there's going to be some, we can't help it. And I think, you know, after listening to you folks, this really is the route that would be easiest to restore and probably at least cost to the City. Nov/ Chuck- Schmadeke/ Did you walk around again after the last Council meeting? Lehman/ I walked it Sunday. Schmadeke/ And with the wetland specialist, and he said that the route that we've selected is the best route. Thornberry/ Did you walk it with Jeff?. Schmadeke/ We walked it with Lon Drake. Norton/ What happens if we award in favor of this resolution and a letter comes in tomorrow with some bombshell? Schmadeke/ Well I guess, when you're working with the Corps, that's always a possibility. We have a permit from the Corps to do the work. ??/ I think it we (can't understand) Nov/ It is my preference that we pass this - Schmadeke/ Yes. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #30 page 3 Nov/ But not actually start construction until we've heard from the Corps. Schmadeke/ It'll be another month before they start construction. Nov/ That's what I was thinking. They don't have to start construction tomorrow, even if we award the contract. Norton/ Yeah. Baker/ Well, is there any problem with deferring it for a week or whatever? Nov/ I think we - Baker/ How long is the bid for? How long is the bid? Nov/ I think, if we want this price, we have to award it. Baker/ Well, they give you a - ??/ It's true, we're not. Thornberry/ They give you a - Kubby/ A certain amount of time. Schmadeke/ I think the bid document says at this meeting, or at such time thereafter as the Council shall choose, or something like that. You do have an option to delay if you so choose. Lehman/ Well, but this bid is in compliance with everything we've asked for. We're meeting all the obligations with the Corps and everybody else. Schmadeke/ That's right. Lehman/ If we accept this bid, under these conditions, and somebody tries to change the conditions the day after tomorrow, we have accepted them in good faith under existing conditions, and for some, then I think it would be very difficult for someone to come in and change those conditions when we have accepted the bid under existing conditions, and in good faith, so, I mean, I guess I would not favor postponing it. I mean, we've been talking about this forever. Nov/ If the Corps were to tell us not to do it, we would have no real choice, but I can't believe that - This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #30 page 4 Schmadeke/ I don't lmow on what basis - Council/ (All tallring) Thornberry/ (can't understand) expect a bombshell. Nov/ I would expect that since they've given us the blanket permit, the national permit, I can't imagine they're going to change it. Dilkes/ Yeah, the Corps has issued us the nationwide permit, and they have said you can go ahead. We don't lmow anything more than what you know about this report that is supposed to be coming to us from the Corps. And I think that to delay it on that basis doesn't make a lot of sense. Lehman/ Eleanor, let me ask you this. If this report were to change something that we would know nothing about right now, then would we have, I mean it changes the facts, or whatever, and we have not accepted this, would it be better to have to have the bid comply with the new rules because we haven't accepted it. I mean, it's clear to me that if we accept under certain conditions, that we have certain legal rights, but if we postpone and those conditions are changed prior to our acceptance, that we might have to change something. Thornberry/ Well, if you're going to build anything with a contractor, they love change orders. Lehman/ I'm just saying, I think we're covering ourselves much better by accepting what we know, than waiting for something we don't lmow. Dilkes/ Yeah, I think we should, yeah, I think you're right. Kubby/ Maybe we can ask the staff to give us a summary of what that Corps report is, so that we lmow. Norton/ We can always go back. But they're not going to sign any documents tonight, or tomorrow, or tonight, I mean - Baker/ Well, it's inefficient. What are the complications if we defer until we get, until we know - Norton/ Well, I'm just trying to be reasonably courteous, if it's not going to cost us anything. Kubby/ I feel like we've really been - This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #30 page 5 Norton/ We've bent over backwards already. Kubby/ Spent a lot of time as individual Council Members on the phone, and on the site, and with out staff, and outside experts who have volunteered and given some of their time to this, that - it's unfortunate if it's not accepted now. Baker/ Well, I'll make a motion that will defer it until we get the report - Dilkes/ Marian has just pointed out to me that, in checking, that the advertisement for bids does say that they should get notice to proceed by July 24th. Is that - Baker/ I would say that we defer it until- I move that we defer this until we receive information that is on order, that (can't understand) this concisely. Until we get another report from the Corps of Engineers that's been alluded to. Nov/ That means a special meeting. Norton/ Would we have to have a special meeting? Dilkes/ Yeah, the notice to proceed has to be issued prior to your next meeting date, (can't understand). Vanderhoef/ Yeah, and- ??/ (can't understand) four people to do a special meeting. Vanderhoef/ And Chuck, you just said that anything that comes out of the Corps, it may will be a month or more before we would hear from them? Council/ (All talking). Schmadeke/ (can't hear) not aware that any report is - Dilkes/ We don't even know, independently, of what we've been told, that a report is coming. ??/ Yeah, one week, I'd give them one week. Nov/ What he said, in terms of one month, is that they probably would not start construction until about a month from now. Kubby/ And the other option is, Mr. Meardon had suggested, is approving this upon reviewing the report. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #30 page 6 Norton/ A condition. Vanderhoef/ And I think this is what Ernie's been talking about, that we can move forward with this, and if we have to revisit it, we can, when that report comes in. And that's the way I would like to proceed. Kubby/ I agree. Norton/ Yeah, Larry, that's why I'm not seconding. Because, it seems to me, if we go ahead and adopt this, and then something weird comes out in the letter, or putative letter, then we'll have to do a special meeting then, conceivably. Baker/ I see. Lehman/ I guess I have a question. If we approve this, and something shows up in a couple three days, that may otherwise have changed our mind, by approving this, are we entering into a legal contract with this bidder? Dilkes/ Awarding the contract has - Lehman/ We are entering into a contract, we are not - Dilkes/ We are contracting. Lehman/ We cannot - Dilkes/ We are contracting. Norton/ Oh, then we - Dilkes/ I mean, we may have to do a change order, based on - Lehman/ If they agree on it. That's by mutual consent. ??/ No, it's - Dilkes/ But that happens fairly frequently, I think, doesn't it? Lehman/ Hey, that's what I'm talking about. Thornberry/ Change order involves payment. Lehman/ I would just assume approve it. If we feel for some reason that we need to make a change, at some future point, we do that. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #30 page 7 Dilkes/ I think that's the route to go. Norton/ That's what I'm- so, Larry's motion died for want of a second? Nov/ Okay. Norton/ Sorry about that. Let's vote. Nov/ Any other discussion? Roll call- (yes; Baker, no). We have approved this on a 6-1 vote, Baker voting no. Kubby/ And could we ask the Mayor to speak with Mrs. MacDonald tomorrow about what we've decided, and what we've acted on? Nov/ Yes. We're going to tell her what change orders will be necessary, if necessary, we will do them. Okay. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 July 15, 1997 City of Iowa City Page 20 ITEM NO. 32. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING IVIAYOR TO SIGN AND CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE SHERIDAN AVENUE SANITARY SEWER BYPASS PROJECT, I~ ~ The bid opening for this project was held July 11, 1997. The L~.~'~ ~ Engineer's-,' ,~f~tis170,000,00 ~~,~ePvUabll~(~tiWon°rl~f ~r~de El~dgisneer-~hge v~or~r~e~d a~N~;id ~)ef tphr~;e°nr~terdaCtata~tl~er ~v Council' Meeting. Th'is i~roject will be funded' ~y~~.~..ue Bonds. Ac ,o : ITEM NO. 33. ITEIVI NO. 34. CONSIDER A RESOLUTION AUTHORIZING ADDITIONAL AIRCRAFT HANGAR BUILDING IVIUNIClPAL AIRPORT. CONSTRUCTION OF AT THE IOWA CITY Comment: At the June 12 Airport Commission meeting, the Commission voted to request Council financial assistance for constructing additional hangar space at the Airport, The Council discussed the request at their June 16 meeting and expressed support for the project. The aircraft hangar would accommodate ten aircraft and be similar to the building constructed in 1995. Cost of the project is estimated to be $255,000. Hangar revenue would repay an internal departmental loan. The Commission received commitments from ten tenants, The building will be full as soon as it is completed, and there is a waiting list of tenants wanting hangar space, Action: 7~.~~.~ ~~ CONSIDER A RESOLUTION FINDING IT NECESSITY TO INST~TUTE~~ EMERGENCY PROCEEDINGS FOR REPLACEMENT OF THE LIBRARY ROOF AND AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST CONTRACT FOR REPLACEMENT OF THE LIBRARY ROOF. Comment: Consideration was deferred from July 2. Staff recommends the City proceed with a formal bidding process and this resolution be defeated. Action: Item 32. CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE SHERIDAN AVENUE SANITARY SEWER BYPASS PROJECT. COMMENT: The bid opening for this project was held July 11, 1997. The following bids were received: Midwest Construction and Crane Maxwell Construction Engineer's Estimate Anamosa, IA Iowa City, IA $144,317.50 $187,942.50 $170,000.00 Public Works recommend award of the contract to Midwest Construction and Crane of Anamosa, Iowa. This project will be funded by Sewer Revenue Bonds. #33 page 1 ITEM NO. 33 CONSIDER A RESOLUTION AUTHORIZING CONSTRUCTION OF ADDITIONAL AIRCRAFT HANGAR BUILDING AT THE IOWA CITY MUNICIPAL AIRPORT. Nov/ (Reads agenda item #33). Thornberry/ Move adoption of the resolution. Lehman/ Second. Nov/ Moved by Thornberry, seconded by Lehman. Discussion? Vanderhoef/ Did we ever find out how many of these are moving from other hangars within the airport, or whatever, or these all new tenants? Ron O'Neil/ We have ten people, or eleven people that have sent back signed letters. It will depend, we're trying to have people that are new to the airport go in, but to be fair, if they were on the hangar list and waited, and there were some with a couple needs, a special needs, one of them is getting a new airplane, so he would be one that comes out. The short answer is there will probably be three or four that are in the other hangars. Norton/ That are switching. O'Neil/ That is correct. Vanderhoef/ Four switching, so we've got six - O'Neil/ Some of the people that had signed said they would take any hangar. They would prefer one of the newer ones because they are completely paved, and they are better - Lehman/ We're talking about no vacancy though. O'Neil/ That's our goal, if things on paper work out, yes. Thornberry/ In Cedar Rapids, just for information, in Cedar Rapids, they are demolishing several T-hangars, and we are picking up some of those, (can't understand). Norton/ (can't understand) Thomberry/ No, we're picking up, they're really, really old, and we're picking up some of the planes that were hangared in Cedar Rapids, because they are going to be, they've been notified that they're going to be demolishing the T-hangars. So, This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 1'071597 #33 page 2 chances are, we may start, when they start the demolition process, we'll be getting even more. O'Neil/ There's been quite a lot of time that people got accustomed to no vacancies in Iowa City at all, and had to go on quite a waiting list. We have not advertised at all, that hangars would be available. This list was generated, and our occupancies have been filled by people that just came in. We have not indicated that we would have occupancies. I think if we needed to advertise, it's my belief that we would fill those hangars up. Thornberry/ For the record, that's Ron O'Neil, Airport Manager. O'Neil/ Thank you. Norton/ Forgotten his name there. Nov/ Well, we have to remind people to say their names when we have it on tape. Is there any other discussion? Roll call- (yes; Kubby, no). Okay, we have a 6-1 vote, Kubby voting no. Thornberry/ What, why did you vote no, Karen? Just for my own edification. Kubby/ I just don't think that we should be investing in the airport. Thornberry/ We really aren't. It's being done through user fees, but that's okay. Kubby/ I understand. It's front money at a time when we don't have a lot of front money. Thornberry/ Spend $1,800,000 on a trail. Kubby/ That trail will serve a lot more people, I believe, than the airport. Thornberry/ Never mind. Sorry I brought it up. Nov/ No, you're not. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 .July 15, 1997 ITEM NO. 35. , ITEM NO. 36. City of Iowa City Page 21 CONSIDER A RESOLUTION ON UNCLASSIFIED SALARIES AND COMPENSATION FOR FISCAL YEAR 1998 FOR THE CITY CLERK AND CITY MANAGER. Comment: Council held executive session to evaluate the City Manager and City Clerk on May 14 and June 18. Based on those sessions, this resolution increases the salaries for both employees by 4%. Action: ANNOUNCEMENT OF VACANCIES. a. Current Vacancies. (1) Housing and Community Development Commission Three vacancies to fill three-year terms ending September 1, 2000. (Terms expire for Charles Eastham, Sandy Kuhlman, and Ann Donovan.) (3 males and 3 females currently serve on this Commission.) (2) Police Citizens' Review Board - Five vacancies; one two-year term, two three-year terms, and two four-year terms all commencing September 1, 1997. These appointments will be made at the August 26 City Council meeting. ITEM NO. 37. CITY COUNCIL INFORMATION. ITEIVI NO. 38. REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY. a. City Manager. b. City Attorney. ITEM NO. 39. ADJOURNMENT. #35 page 1 ITEM NO. 35 CONSIDER A RESOLUTION ON UNCLASSIFIED SALARIES AND COMPENSATION FOR FISCAL YEAR 1998 FOR THE CITY CLERK AND CITY MANAGER. Nov/ (Reads agenda item #35). I should backtrack for a minute. Part of our consent calendar advertised bids for the library roof, and we did it. Thornberry/ That's correct, but I didn't, it was just done, and not explained, and people watching it are going to say what? Nov/ Well I read the comment. ??/ It was backtracking, Dean. Thomberry/ I know, I lmow. This resolution. Lehman/ You were still back at the airport. Thornberry/ No, I was walking a trail, just thinking about nothing. Nov/ We're back to item number 35, which is (re-reads agenda item #35). Norton/ Move adoption of the resolution. Vanderhoef/ Second. Nov/ Moved by Norton, seconded by Vanderhoef. Any discussion? Kubby/ If this had been a "normal" year, I would've been more comfortable with, like, 3%, but this past year, these two employees have spent a lot of extra time under the direction of this Council. We have had many, many special meetings. We met probably twice as many hours as we usually do, and that means these people were away extra from their other work and their families, and that's why I feel comfortable going up that one, extra percent. It was at our direction that they spent that extra time. Nov/ They deserve it. Lehman/ Well, I would certainly second what Karen said. I think in our discussions, which were private, executive sessions, but I have to say that I think that we were all happy with the performance of these two individuals. Nov/ Roll call- (yes). We have approved the resolution. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #36 page 1 ITEM NO. 36 ANNOUNCEMENT OF VACANCIES. Nov/ (Reads agenda item #36). Vanderhoef/ I'd just like to add on that, the PCRB, that we will be specifically looking for one law officer, retired or presently. Thornberry/ Now, they need to live in the City of Iowa City? Nov/ Preferably. But we don't want someone who is employed by our Police Department. So, if they live in Iowa City and they're employed in Cedar Rapids, that's acceptable. But if we cannot find someone who fits the residency requirement, we may find someone who doesn't, or we may find someone who's retired. Norton/ I certainly think we should find a resident, if we can. Nov/ Yes. But there is a stipulation that we can do something else if we have to. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #37 page 1 ITEM NO. 37 CITY COUNCIL INFORMATION. Nov/ Mr. Baker, you want to start? Baker/ Yeah. A very quick question for Council and for Steve. Some weeks back we had a copy of a Downtown Strategy Action Plan, I believe that's what it was called. Atkins/ Right. Baker/ When is that going to come back for discussion with us? Is that our call, or have you got - Atkins/ It's sort of your call. You know, I assigned David in June to put it together for us, and he's done that. I'll be happy to share that document with you (can't understand) pretty much beginning to put the thing together. But if you'd like to schedule it for a work session discussion, that's fine too. Baker/ Or a separate discussion, but maybe not this summer, but early fall, but September, that's my suggestion. Atkins/ A lot of things are going to come back to you routinely on that anyway, you lmow, various issues. Kubby/ Right, and having a discussion that looks at the whole picture versus this issue by issue is helpful. Baker/ Let's talk about this again, but maybe think about September 2nd for a special meeting for that. Council/ (All talking). Baker/ I don't think we'll be having another special meeting. Nov/ I think we're going to have one anyway. Okay. Anything else? Baker/ That's it. That's great. I just wanted to remind us of that issue. Nov/ Okay. Dee? Vanderhoef/ Not a thing. Nov/ Dean? This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #37 page 2 Thornberry/ One short thing on July 14, 1997, there was a fire in a garage on Summit Street, 910 South Summit Street, and the Fire Department was called at 4:04, they arrived at 4:08. That's real good response time. It was quite a hot fire. It was at 4:04 in the a.m., so it was the coolest time of the day, but still there was one firefighter injured due to dehydration. He was not burned or smoke inhalation or anything like that. But with fighting fires, there always is that potential, and I'm glad to hear that Chris Justice is doing well, and up and about and he's just fine. Thanks to the firefighters who responded so quickly, and did such a good job. Nov/ Okay. Ernie? Lehman/ A couple things that we talked about briefly last night. I think it's important that the public realize that Council is very much aware and are going to stay on top of what's developing between TCI and the City of Iowa City. And obviously, we can't really say anything because we don't really know anything yet, but I think that the public can depend on the Councilors to keep on top of this and to try to do whatever's in the best interests of the people of Iowa City. I have to mention the Jazz Fest because I was down there. I've never seen so many people having so much fun, all the way from little babes in arms to older people, some with disabilities, walking with canes and wheelchairs. I've never see so many people having such a great time, and I'm just so pleased that it happened in Iowa City, It was just a really, really neat thing. And especially for downtown Iowa City. I have one other thing that's something that we don't need to act on, but I would like to see us put on our agenda for some meeting in the not too distant future a discussion of the sales tax. Because I think that's something we need to really, you know, not a date certain, but if we're going to be talking about it, I think we should get it on the agenda. Baker/ Also, we are going to talk about that, but after the resolution of these other questions, like the long-term - Lehman/ Right. I would concur with that. Baker/ Budget stabilization. But I agree with Ernie, we ought to come back to that. Kubby/ I have four quick things. The first thing is to remind people that our public library in Iowa City is now open on Sundays from one to five, and I've had a lot of feedback about it. And people are very much enjoying it, and it seems from statistics from the library that there are a lot of checkouts, that there are a lot of people waiting at the door, and so I think it was a very good, small amount of investment for a lot of service. So, library is open on Sunday, in the summer, from one to five. I wanted to announce briefly that on July 31st, it's a Thursday, and I usually have my office hours in the downstairs office of the Senior Center lobby, but I will not be there on July 31st, I will be out of town. So if you come, This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #37 page 3 you'll find a note on the window, with my phone number. So, you'll have to catch me some other Thursday. I wanted to also announce, on Saturday, July 26th, there will be an Americans with Disabilities Act celebration. And I see two different times for when the march starts from the Iowa City Public Library. I've seen 10:30 and I've seen 11:00, so please look in the paper and you can call the Evert Conner Center for Rights, or the Evert Conner Rights and Resource Center to clarify that. But a march, a celebratory march, starts at the Iowa City Public Library, down to City Park, where there will be speakers starting there at noon, and there will be great music there as well. And lastly, I want to announce that on July 24th, which is a Thursday, that the Women's Resource and Action Center will be sponsoring a social change training in this room at the Civic Center, in the Council Chambers, from 6:00 to 9:00, and the topic this time is "Principles of Inclusive and Empowering Organizing". And myself and Monique DiCarlo, the director of the WOMEN'S RESOURCE AND ACTION CENTER will be facilitating that. If you'd like to register, you can call WOMEN'S RESOURCE AND ACTION CENTER at 335-1486. It should be a very good session. And that's all I have. Nov/ Karen, the invitation that was sent here said 11:00 for the parade. Kubby/ So, march, starting at 11:00 at the Iowa City Public Library. Thank you. Nov/ And there is a rally at noon in City Park, and music at 1:00 in City Park. All are welcome, come and enjoy. Kubby/ Thanks. Norton/ I want to reiterate a couple of points that have already been made. One, we, Ernie, with respect to sales tax, I think that that comes after we get a briefing on the long, and that, is that scheduled yet, on our financial future? Atkins/ It has not been schedules, but we'll have it, I just have to send out something in writing for you, beforehand. We closed the books June 30th, so now we have the end of the year balances. We're going to go back and take a look at our projections, just to make sure, one more time, that it is above board, and then I understood you wanted us to give you some ideas on how we would address these budget concerns. Norton/ In the light of information you've already gotten from us, right? Atkins/ I'm making the assumption that, with our current resources, how do we go about solving our problem. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #37 page 4 Norton/ One of the, and I want to say, Larry's point that this matter of dealing with issues downtown, we have the transit thing, we have cleanup processes, we have Iowa Avenue, we have eighteen different things going on downtown, and we need to get back to that very promptly. And one of those has to do with that the green machine has arrived and that - Atkins/ Yes. Norton/ And the staff is learning how to operate it, and - Nov/ And they'll teach you? Kubby/ They'll give you lessons? Norton/ They're, no, I was there for the unveiling, but I think there's going to be a more formal one at some point, as soon as they're sure how to handle it, we'll unveil it, and - Thornberry/ They're going to take it out of the crate or what? Norton/ No, it's out of the crate, but (can't understand) Nov/ Oh, that's right. You're going to name it also? Norton/ But, The name is already there, I think. Well, at any rate, it's here, and we're moving on getting the place cleaned up. One other point I want to make, and this is a fairly general one, I thought we needed to see. I am kind of interested in tracking project costs, engineering estimates, low bids, and then, how they worked out. I suppose that data is available somewhere. And I understand there's change orders that they make and so on. But trying to get a retro-, a picture of how it's going in terms of how our estimates - Atkins/ I have a, it's routine with public works that when they close out a project, they send me a charted report saying here's the bid, here's the estimate, everything, - Norton/ Okay. Atkins/ If you'd like that, I'll send it to you. Norton/ Well, if, maybe it's too long. Atkins/No, no. I mean, we, I mean, they're pretty straightforward. Norton/ All right. I know these projects are large, and little bits go a long way. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #37 page 5 Baker/ Not every one, but maybe a quarterly supplement. Norton/ Yeah, not every one. Yeah. But a summary. Atkins/ During your budget discussion, if you'd ask for some information, we'd have to put together exactly how to do that, and then get you more information routinely. That's something I have available to me, and if you're interested in having a copy Norton/ Okay. Lehman/ Well, Steve, and Dee, I agree with that. And occasionally, I'm sure we all get questions, I heard the other day you went way over this or that. Atkins/ Yeah. Lehman/ And we don't really have the ability to respond to that, because we don't know. But I think that, for example, tracking the cost of the water plant and the sewer plant where we are targeted, where we are, on a regular basis, - Atkins/A comment tonight was, I understand the contract is behind schedule. No, he's not behind schedule until - (can't understand). Kubby/ And if they don't, on the First Avenue project, they get penalized financially Lehman/ Right. Kubby/ If they're not on schedule, by the end, and they get rewarded at the end if they're ahead of schedule. Norton/ Well there would probably have to be a big footnote column, because there's always change orders, but one wants to see the nature of those things. How many among them were things that we just failed to think as clearly as we might, how many are clearly accidents, or a different kind of faith. But, the other thing I want to mention is this Sycamore sidewalk that we've all heard a fair amount about both pro and con. And it looks pretty good to me, as a matter of fact, except somebody threw the crummiest seeds in there, it's all just weeds. I got another one - but somebody may ask the troops, the powers that be, because it looks like a weed patch instead of grass growing. I think they got the wrong bag when they seeded it. Atkins/ Well I've not seen it. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #37 page 6 Norton/ Well the weeds are always more vigorous than the grass, right? Anyhow, that's a minor issue. I still think the sidewalk is looking pretty nice, and I'm still going to try to find out why people are so, some of them are so upset. Kubby/ I think process more than the actual sidewalk itself. Norton/ Process, yeah. There we go again, always get hung up - Kubby/ Cormnunications. Norton/ Yeah. Okay. Nov/ Okay. Done? I've got a couple of things. When some people from Stepping Up went to visit the State Alcohol Control Board, I went with them. We had an interesting meeting. We will have some interesting comments on that. But, in the meantime, we have a report from the Fieldhouse Restaurant and Nightclub about their feelings on underage alcohol sales, and I think it's interesting. If there are other dispensers of, you know, legal dispensers of alcohol who have some interesting comments to make, I will see that they get passed out to the Stepping Up project. I think they will be happy to hear from anyone who would like to say something. And, I have a notice from the County that they are a p.h. for the Recorder's office study, whether or not the Recorder's office should be combined with something else. This public hearing will be Wednesday, tomorrow, at 4:30 p.m. in the Johnson County Administrative Building, 913 South Dubuque Street. If you have feelings on this topic, please attend. Lastly, happy birthday, Ernie. Lehman/ Well, if we keep going, it's going to be, too. An hour and three minutes. Thank you. Norton/ Happy birthday, Ernie. Kubby/ Happy birthday. Thornberry/ Happy birthday. Nov/ Open your card, Ernie. Thomberry/ It's the graying of America. Kubby/ Make sure there aren't any snakes or anything. Baker/ Think it's a card with Groucho Marx on the cover? Kubby/ Picture of three litters, basset hound puppies. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 #37 page 7 Nov/ That's tomorrow, of course, so if anyone still wants to wish him a happy birthday. Lehman/ Two litters, right? Vanderhoef/ Will you be serving cake and cookies tomorrow? Lehman/ One litter. Pardon? Vanderhoef/ Are you serving cake and cookies tomorrow? Lehman/ I can't decide how long a leash this guy'11 get. Nov/ She wants to come over to the store tomorrow and get birthday cake. Lehman/ That's fine. Come on over. Norton/ See Larry wake up. Bring the cake. Council/ (All talking). Vanderhoef/ Did I hear something about you getting your yard decorated? Thornb~rry/ If somebody wants to come by and wish Ernie a happy birthday, he will be at Enzler's from 9:00 a.m. to Nov/ To whenever it closes. Lehman/ To 5:00 and then they can buy a suitcase then if they want to. Thornberry/ They get to go home with extra cake? Nov/ All right. City Manager, do you have something to report? This represents only a reasonably accurate transcription of the Iowa City council meeting of July 15, 1997 F071597 CITY OF I0 I, VA CITY City Council Meeting Schedule and Tentative Work Session Agendas July 11, 1997 July 14 - 20, 1997 [] = Telecast Live on Cable Channel 4 July 14 6:00p EXECUTIVE SESSION Land Acquisition MondayI Council Chambers 7:00p COUNCIL WORK SESSION 7:00p 7:20p 7:25p 7:30p 7:40p 8:00p 8:10p 8:25p 8:40p 9:10p Review Zoning Matters Passenger Rail Coalition IDOT Meeting August 12, Burlington East-West Arterial Street Name Sandusky Storm Sewer Library Roof Civic Center Entrance Renovation Transit Interchange SEATS Council Agenda/Council Time Council Chambers July 15 7:00p FORMAL COUNCIL MEETING TuesdayI Council Chambers FUTURE WORK SESSION ITEMS Public Art Kimball Road Sidewalk Peninsula Development - Field Trip Hickory Hill West Water Project Costs Waste Pickup - 4-Plexes Proposed U of l Parking Facility Chutes and Vaults What's New Iowa City Video Program Elks Landfill Master Plan Sand Point Wells DARE Program Review Sanitary Sewer Repair- New Policy Update Cemetery