HomeMy WebLinkAbout1997-07-29 AgendaSubject to change as finali2ed by the City Clerk. For a final official copy, contact the City Clerk's Office, 356-5040.
AGENDA
CITY COUNCIL MEETING
July 29, t997 - 7:00p.mo
Civic Center
ITEM NO. 1.
CALL TO ORDER.
ROLL CALL.
ITEM NO. 2.
ITEM NO. 3.
MAYOR'S PROCLAMATIONS
a. Youth Homes Day - August 10, 1997 .....
CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED
OR AMENDED,
Approva. of officiai-~:-o-u~c~i"Act-ions '~)f the 'special meeti~'g of July 14
and the _r__egular. meeting of July l_SL_a_s__.~u__b!!s_h_e_~,- _subject
corrections, as recommended by the City Clerk.
Minutes'0-f BOards and com~i~i-~)'~-s.-
(1)
tO
Planning and Zoning Commission - July 3;'
Recommendation to Council: Approve revisions to the Planning
and Zoning Bylaws to add provisions regarding exparte contact
and conflict of interest.
(2) Planning and Zoning Commission - July 17.
(3) Animal Control Advisory Board - June 26.
(4) Iowa City Airport Commission - June 12.
(5) Senior Center Commission - June 18.
(6) Riverfront and Natural Areas Commission - June 18.
c. Permit Motions and Resolutions as Recommended by the City Clerk.
(1) Consider a motion approving a Class C Liquor License for
George's Buffet, Inc., dba George's, 312 E. Market St.
(Renewal)
(2)
Consider a motion approving a Class C Liquor License for High
Energy Food Concepts, Inc., dba Martini's, 127 E. College St.
(Renewal)
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ITEM NO. 2 MAYOR'S PROCLAMATIONS
Nov/ We have a proclamation for Youth Homes. (Reads Youth Homes Day
proclamation). We have someone -
Marian Karr/ Yvonne Wernimont is here to accept the proclamation.
Yvonne Wemimont/ On behalf of the Board of Directors and the Staff at Youth Homes,
and especially the kids and families that we serve, thank you very much for
proclaiming August 10th to be Youth Homes Day. I'm proud to accept this
proclamation on behalf of all those individuals. I would also like to take this
opportunity to extend an invitation to the Iowa City community to join us in
celebrating our 25th anniversary at a picnic dinner on August 10th. It will be held
at our Children and Family Services Center which is located at 1916 Waterfi'ont
Drive, here in Iowa City. It will go from 4 until 7 p.m. There will be food,
entertainment and games, and fun for all, and we would love to have as many of
the community come out and join us in celebrating our 25th anniversary as would
like to come. Thank you very much.
Nov/ Thank you.
This represents only a reasonably accurate transcription of the Iowa City council
meeting of July 29, 1997.
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July 29, 1997 City of Iowa City Page 2
(3)
(4)
Consider a motion approving an Outdoor Service Area for High
Energy Food Concepts, Inc., dba Martini's, 127 E. College St.
(Renewal)
Consider a motion approving a Class E Beer Permit for L&M
Mighty Shop, Inc., dba L&M Mighty Shop, 510 E Burlington St.
(Renewal)
(5) Consider a motion approving a Class C Beer Permit for A&J Mini
Mart, Inc., dba A&J Mini. Mart, 21~5.3_A0~[ Circle° (Renewal)
(6)
Consider a motion .appro.ving_.a_Class__E .Beer._Permit for New.
Pioneer Cooperative Society dba New Pioneer Cooperative
Society, 22 S. Van Buren. (Renewal)
(7)
Consider a motion approving a Class C Liquor License for
Micky's of Iowa City, Inc., dba Micky's, 11 S. Dubuque St.
(Renewal)
(8) Consider a motion approving a Class C Liquor License for
Cardan, Inc., dba Joe's Place, 115 Iowa Ave. (Renewal)
(9) Consider a motion. approving a Class C Liquor License for Six
Twenty, Inc., dba 6:20, 620 S. Madison St. (Renewal)
(10)"Con'sider a motion approving a Class'C Li~luor License for Plamor
Bowling, Inc., dba Plamor Bowling, 1555 First Ave. (Renewal)
(11) Consider a resolution approving a Dancing Permit for Six
Twenty,- Inc.~-dba 6:2~ 620 S. Madison Street.
d. Setting Public Hearings.
(1)
CONSIDER A RESOLUTION SETTING A PUBLIC HEARING FOR
AUGUST 26 ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATE OF COST FOR THE
CONSTRUCTION OF THE SHAMROCK/ARBOR CULVERT
ENTRANCE iMPROVEMENT 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 consists of construction of rock filled
wire mesh baskets for 125-feet around the creek bend at the
Shamrock Drive/Arbor Drive culvert entrance and also includes
debris removal inside the 450-foot long culvert. This work will
stabilize the stream bank at the culvert entrance and improve
culvert capacity. The estimated construction cost is $141,000
and will be funded by General Obligation Bonds.
July 29, 1997 City of Iowa City Page 3
(2)
(3)
CONSIDER A RESOLUTION SETTING A PUBLIC HEARING FOR
AUGUST 26 ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATE OF COST FOR THE RENOVATION
OF THE HEATING, VENTILATING, AND AIR CONDITIONING
{HVAC) SYSTEM AT THE IOWA CITY/JOHNSON COUNTY
SENIOR CENTER, DIRECTING CITY CLERK TO PUBLISH NOTICE
OF SAID HEARING, AND DIRECTING CITY ENGINEER TO PLACE
SAID PLANS ON FILE FOR .PUBLIC INSPECTION.
Comment: The Senior Center -HVAC- renovation project is being
undertaken to address uneven heating, cooling, and HVAC
control problems prevalent throughout the building. This project
includes the repair and reconstruction of the Senior Center
HVAC system and the installation of a Direct Digital Control
(DDC) system for better management and control of the HVAC
systems. The engineer's estimate is 9126,530.00 with funding
provided through an interfund loan.
CONSIDER A MOTION SETTING A PUBLIC HEARING
FOR AUGUST 26 ON AN ORDINANCE AMENDING
TITLE 14, ENTITLED "UNIFIED DEVELOPMENT
CODE," .CHAPTER 6, ENTITLED "ZONING," ARTICLE S,
ENTITLED "PERFORMANCE STANDARDS," SECTION 11,
ENTITLED "SCREENING" BY ADDING CHILD CARE CENTERS
TO THE LIST ,OF AREAS WHICH MUST BE SCREENED
FROM COMMERCIAL '~ AND INDUSTRIAL USES.
Comment: Section 14-6S- 11, City Code, provides
that commercial _ or. industrial uses must pr.ovide screening
when they abut or are across a street, highway, alley or railroad
right of .way from_residential zones,. office and research parks,
schools, and recreational areas (including parks, playgrounds,
or the Iowa River). With recent zoning amendments, child
care centers are 'now permitted in zones that allow
intensive commercial and industrial uses, but are not included
among those uses which are to be screened from
commercial/industrial uses pursuant to Section 14-6S-11.
Child care centers engage their clients in activities similar
to those in schools and playgrounds, and provide an
atmosphere that should be protected from the dust, noise, and
distractions of intensive commercial and industrial activity.
Adding "child care centers" to the list of uses that must
be screened from industrial and commercial activity is in
keeping with the intent of Section 14-6S- 11.
In cases where a child care center is built across from or
adjacent to a lot which already contains a commercial or
industrial use, it will be the responsibility of the child care center
to provide screening pursuant to Section 14-6L-1D.3.
July 29, '1997 City of Iowa City Page 4
Motions.
(1)
(2)
CONSIDER A MOTION TO APPROVE DISBURSEMENTS IN THE
AMOUNT OF $11,112,996.37 FOR THE PERIOD OF MAY 1
THROUGH MAY 31, 1997, AS RECOMMENDED BY THE
FINANCE DIRECTOR SUBJECT TO AUDIT. DISBURSEMENTS
ARE PUBLISHED AND PERMANENTLY RETAINED IN THE CITY
CLERK'S OFFICE IN ACCORDANCE WITH STATE CODE.
CONSIDER A MOTION TO APPROVE DISBURSEMENTS IN THE
AMOUNT OF $19,586,409.15 FOR THE PERIOD OF JUNE 1
THROUGH JUNE 30, 1997, AS RECOMMENDED BY THE
FINANCE DIRECTOR SUBJECT TO AUDIT. DISBURSEMENTS
ARE PUBLISHED AND PERMANENTLY RETAINED IN THE CITY
CLERK'S OFFICE IN ACCORDANCE WITH STATE CODE°
f. Resolutions.
(1)
CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE
CONSTRUCTION OF THE SOCCER SITE ACCESS ROAD
PROJECT.
Comment: See Engineer's Report.
Correspondence.
(1) Steve Lacina (Chair, JCCOG Urbanized Area Policy Board) - waste
tire'~ollection program.
(2) Rachel Barnes (Johnson County HACAP) - bus passes.
(3) John Nesbitt - firework safety.
(4) Gregory Kovaciny (Bicyclists of Iowa City) - "Share the Road."
(5) Jean Blair - cable service [Mayor response included].
(6) Ellen Widiss - Dubuque Street sidewalk.
(7) Deborah Grieves - Dubuque Street sidewalk.
(8) Barbara Smith - Dubuque Street sidewalk.
(9) Jill McKay - Dubuque Street sidewalk.
(10) JCCOG Traffic Engineering Planner:
(a) Designation of Two On-Street Parking Spaces
Handicapped Only on Clinton Street at Church Street.
tO
(1 1) Civil Service Commission submitting certified lists of applicants
for the following position(s):
(a) Civil Service Entrance Examination - Intake Worker
(12) Shaner Magalhaes (State Historical Society) - invitation [previously
distributed]
July 29, 1997 City of Iowa City Page 5
h. Use of City Plaza.
(1)
Ant. hony Price (handmade jewelry and t-shirts) - 1997 Ambulatory
Vending Permit
(2)
Use of City Streets and Public Grounds.
(1) Craig Carney (Racquet Master Bike and
July 17-19
(2)
Mike Finnegan (KRUI Heat Stroke '97) - July 25
Ski Sidewalk Sales) -
Jim Steffen (Regina Fall Fun Run) - August 31
ITEM NO. 4.
END OF CONSENT CALENDAR.
PUBLIC DISCUSSION
(ITEMS NOT ON THE AGENDA).
ITEM NO. 5. PLANNING AND ZONING MATTERS.
Public hearing 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 consistent
with 'the staff recommendation in the June 19 staff report.
Action: ..~..2 .~/~.,-~ 2
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ITEM NO. 3 CONSIDER ADOPTION OF THE CONSENT CALENDAR AS
PRESENTED OR AMENDED
Kubby/ Move adoption.
Norton/ Second.
Nov/ Moved by Kubby, seconded by Norton. Any discussion?
Norton/ I take it this includes adoption of those two suggestions from P/Z regarding their
bylaws?
Nov/ Actually, it does not include the adoption, it includes their recommendations. And,
if we concur with their recommendations, we will then have the adoption on the
agenda next time. So, if Council all concurs, we'll just put it on our next agenda.
Karr/ So there's no need for a Rules Committee meeting on this?
Nov/ Doesn't seem that we -
Karr/ Okay, that's fine.
Nov/ Have any need for a Rules Committee meeting. Also, we have within the consent
calendar a couple of public hearings. (Reads p.h.'s). So, on August 26th, we've
set three p.h.'s within this consent calendar. Is there any other discussion? Roll
call- (yes). The consent calendar has been adopted.
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ITEM NO. 4 PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA)
Nov/
This is for items that are not on tonight's agenda. Anyone who would like to come
talk to us about something not on tonight's agenda, please come to the podium,
sign your name or put your address label on there, and please limit your
comments to no longer than five minutes.
Lori Enloe/ Good evening, members of City Council. My name is Lori Enloe, and I live
at 1029 E. Bloomington Street in Iowa City. I'm coming to talk about the issue of
the First Avenue Extension. There's just a few comments that I'd like to make to
Council. I've lived in this, in Iowa City, for about seven years, and frequently
hike and ski in that area, at Hickory Hill Park. I would like to encourage you to
delay the planned extension of First Avenue until you have explored and
explained to the public the impact that this extension would have, and future
developments in the area would have, on Hickory Hill Park. I would also like to
encourage you to seek public input into this process so that we of the City can
preserve one of the most beautiful and unique parks that we have for now, and for
our future generations. And as an Iowa City citizen, I would like to appreciate the
Council as they remember one of our City Goals that was set forth at our 1994
Task Force, to be innovative when we're looking at developing environmentally
sensitive areas. Thank you.
Nov/ Is there anyone else who would like to address Council?
Chris Randall/ I'm Chris Randall, and I live at 3328 Shamrock Drive. And, I've lived in
Iowa City for 36 years. When Hickory Hill Park was established in 1967, my
family and I started to enjoy it. And, we've often gone walking there, that's the
primary thing that we do in the park. And it's always been a place that we can go
for peace and quiet and a respite from the stresses of everyday life. Well, I'm
really concerned about the planned First Avenue extension because of what it will
do to noise levels, with the extent the increased traffic that is expected to go on
that street. It's true the street won't run right through the park, but I know, from
firsthand experience that the street along an inner-city park, when they're busy,
will make a huge impact. I was just up in the St. Paul/Minneapolis area, and I
was in the northern suburbs, and my husband and I thought, Oh, here's a really
nice park, let's go here. It was 180 acres, and we thought we could have some
peace and quiet walking around there. Well, it turned out that the traffic was so
noisy that it was really difficult to enjoy the birds, and other nature that was there.
And, the traffic speed limit that was posted at 25 or 35 m.p.h. on the streets that
surrounded that park. And anyway, what I'm trying to tell you is that I'm greatly
concerned about the peaceful enjoyment of Hickory Hill Park, and I strongly urge
you to reconsider building that extension to First Avenue.
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Kubby/ Thank you.
Pat Vogt/ My name's Pat Vogt. I live at 26 Heather Drive, backing onto First Avenue.
There are a number of things I would like to bring up. In March of last year,
when we first bought our house, we first made inquiries as to what was happening
with First Avenue, as we had been told that there was a potential development.
We were told by the Council that it was going to be Scott Boulevard and unlikely
to be First Avenue. And now we find, fifteen months later, that, in fact, it's
actually First Avenue. And I think we've actually been misrepresented by the
Council as far as that's concerned. And I'm not the only person that was given
that information. Secondly, First Avenue and the proposed development will go
straight past three schools. And I took my dogs for a walk this evening and had
trouble crossing First Avenue in its present traffic-load, for quite some time, with
my dogs. By increasing the traffic there, I don't lmow how the Council proposes
to want children to cross that busy road at Southeast, at Hoover, and at Regina.
To me, it just fails to make any sense that you're going to put busier roads like
that past three very important schools. And thirdly, as far as Hickory Hill is
concerned, I think at the moment, America is destroying its environment, and one
has to start in a small community and impress people that you're trying to
conserve your environment. And here the Council is proposing to put a main
traffic road through an extremely beautiful part of Iowa. And just looking at the
roads that were drawn in the map that we got here, to me it seems to be
duplicating across a really beautiful area, what is already available going north of
the City. And I was just wondering if a survey had been done as to why this
extension is needed through First Avenue. Why is the traffic going to be diverted
this way, why not through Scott Boulevard? What are the actual reasons for
doing this, if you could possible inform us? Thank you.
Pat Lind/ I'm Pat Lind. I live at 24 Heather Drive. And I just want to make two points
on this situation. The first one being, I think, the neighbors on First Avenue have
been deceived somewhat, ever since Scott Boulevard was first planned, we've
always been told that would be the major, major connection between the interstate
and the industrial areas. Now, you're talking about putting 4,300 extra cars and
trucks per day down a residential street with the promise of someday finishing
Scott Boulevard. From a safety standpoint, I'd like to see every Councilor go out
there and drive this proposed route. Starting at the northernmost tip of First
Avenue, drive south, passing Hickory Trail and Bluffwood, then snake up that hill
at Rochester. Be careful to avoid all the people that have to back out of their
driveways in those condominiums. You also need to be careful because you've
just passed the entrance to Hickory Hill Park, and you're going to see kids, you're
going to see dogs, you're going to see adults, walkers, going in and out of that
park which is very heavily used there. As you sit there at that light, you can
imagine trucks behind you trying to hold up against that hill. It's a windy road,
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it's a hilly area, it's very poorly planned for the type of use you're talking about.
And as you're sitting there, if you happen to be there in the morning, or at night,
you're going to sit there a long time, because Regina is a half-a-block away, and
you're going to be at gridlock. It's gridlock now. You put 4,300 more cars on
that street, it's going to be a disaster. You go past Rochester, at the second blind
hill, you have a exit, sidewalk exit, out of Bel-Aire neighborhood which is next to
my house, that kids come out of and try to get across that street. It's completely
unmarked, and nobody sees it as they come up that hill. As you go down that hill,
now you're stopped at Court Street. You need to, you're now sitting next to two
different schools. Again, very heavy cross-traffic. Lots of kids. You'll have
plenty of time to wave at the traffic-man there, because you'll sit there a long
time. Trust me. Continue south toward Muscatine, and notice that every, almost
every house on First Avenue has to back out of their driveway into that road.
There's no circular driveways on that street, they're all backing out onto that road.
It's going to be a real problem. You're almost home. You fly by one more
school. You bounce over the railroad tracks, and now you're down into the
industrial area, which is fine. But, your decision to build this road as planned
will save a few drivers a few minutes, but it'll ruin our neighborhood. It'll
seriously affect Hickory Hill Park, and it'll put a lot of kids at risk because of that
traffic.
Nov/ I would respectfully request that we do not applaud. This is not a performance, this
is a serious meeting.
Lyn Richman/ My name is Lyn Richman; 220 South First Avenue. I want to talk about
my personal concerns, actually. I bought my house cheap, and I can probably sell
it at a profit, so that's not my major concern. My major concern is that the timing
of this seems really awkward. It's interesting that school's out of session, a lot of
people are gone, PTA's are uninvolved. I just think that's unfair and unjust.
That's my only comment.
Nov/ Thank you. Is there anyone else who would like to address the Council?
Vogt/ It's Pat Vogt again. Recently, friends of mine told me they were looking at a
house along Melrose Drive until they found that the land was going to be
appropriated. If First Avenue is going to be widened, where is the land going to
come from?
Nov/ There are a few questions here, and we can ask our staff to answer them. But, I
would prefer that we get all of the comments first. So, is there anyone else who
would like to comment?
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Jim Throgmorton/ Yes. My name is Jim Throgmorton. I live at 715 North Linn Street,
Apartment #1. You lmow, when I was on the City Council and was faced with
one of the complicated and controversial decisions that Council members have to
make, I often fond myself walking through Hickory Hill Park. I'd slowly
meander along one of the quiet, shady trails, breathing deeply, and letting myself
recall the voices and arguments offered by the various people of Iowa City. As I
walked, I would watch the trees sway in the wind, smell the pure aromas of the
forest vegetation under my feet, and feel the sun on my face. And gradually, I
would move to a calm position from which I could reflect on the issues. There's
no other place like Hickory Hill Park in Iowa City. And for those of us who value
places of serenity and beauty, it's an absolutely irreplaceable asset. Building a
new road on the eastern side of the park will change the experience of being in the
park forever. And I would strongly encourage you not to make that change. But
there's another reason for not extending First Avenue any further north, in
addition to the ones that have already been expressed. Building that road would
separate that park from another 30-40 acres of mature oak woodland and
floodplain forest that lies northeast of the park and just north of the Hickory Trail
subdivision. Between that wooded ravine and Hickory Hill Park lies another 60-
80 acre parcel of land that's partly planted with corn, partly grazed by cattle. This
parcel of land is severely over-grazed and deteriorated. Even so, those 60-80
acres, combined with the 30-40 acres in the wooded ravine, and the couple
hundred acres in Hickory Hill Park, to form an interconnected whole. Together,
they exemplify what landscape ecologists call the Southern Iowa Driftplain. And
they appear to have been oak savannah prior to European settlement. So, instead
of building a new road that would forever separate Hickory Hill Park from those
mature woodlands to the northeast, I would like to suggest that you initiate a
process by which we can, as a community, plant some seeds of hope in those few
hundred acres. More specifically, I would like to suggest that we begin a 50-100
year community project of restoring those acres as oak savannah. That may seem
outrageous, but if you think of the Cathedral of Chartres in France, it took the
people of Chartres more than a hundred years, probably a lot longer, to build that
cathedral, and they did it in such a way as to express who they are as a people.
And I think we have an opportunity to do something like that here in Iowa City.
So, I would urge you to defer construction of First Avenue until the people of the
City have an opportunity to contribute their ideas and visions about how to
develop that part of theCity. Thanks.
Candida Maurer/ My name is Candida Maurer. I live at 627 Bradley Street. Two weeks
ago, my brother and I stood here alone and asked the City Council to delay
construction of the First Avenue extension due to its detrimental effect on
Hickory Hill Park. What is clear from tonight is that we are no longer alone.
Many of the people who are here, who are not speaking, are also very concerned
about this issue. In addition to these people, two of my friends and myself were
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able to collect over 260 signatures on a petition. The petition states that "We, the
undersigned, respectfully request that the Iowa City City Council cease all plans
and construction related to the First Avenue extension until such time as a full
public discussion of the road's impact on Hickory Hill Park can be conducted." I
want to share with you that there have been two universal reactions to the
circulation of this petition. First, almost no one has been aware of the issue.
Literally. I have talked to at least 200 people myself. No one's aware of this
issue. And, they're certainly not aware of the impact on Hickory Hill Park.
Second, when informed of the First Avenue construction, the response has been
an overwhelming and resounding no to this proposal. It is also important to let
you lmow that people did not simply or blindly sign this petition. Most that
signed it asked about the issues, to read over the brochure my brother put together,
and to talk at some length about their concerns for the Park and the preservation
of the last bit of unspoiled habitat in ourCity. The fact that there are others here
today to talk about this same issue indicates that this is not simply a matter of a
few people with a few concerns that can be easily dismissed. I ask the Council to
please reconsider your previous positions on this issue. I read in the Gazette that
Mr. Lehman argues it'll be cheaper to build the road now, because there is a water
main that is being constructed in the area. I will tell you it will be much cheaper
to never build this road at all. Extend Scott Boulevard instead, that was the plan
of the Council in 1995. And leave the park alone. I ask again that the people of
Iowa City come forward and let their views be lmown. I ask that those who love
Hickory Hill Park tell the Council that they do not want to see it hemmed in with
development on all sides. At the least, the public deserves to have input on this
very important decision. There is still time to allow the citizens of our city to
speak on an issue that will forever change the character of our beloved and unique
park. I ask you tonight to begin the discussion by planning a public hearing on
how we as a community want to see the area around the park developed. And I
ask you again, to please, please, leave our park as it is. Thank you. Oh, I almost
forgot my petition.
Nov/ Give it to the City Clerk, please.
Maurer/ Okay.
Nov/ Is there anyone else who would like to speak to the City Council on an item that is
not on tonight's agenda? Okay. Jeff Davidson said that he would answer some of
these questions. While he's walking up, I would like to clarify one point. We
have not said we would do Scott Boulevard or First Avenue. Our intentions were
to do both of them. And the discussion among the City Council was which one to
do first. A previous City Council said let's do Scott Boulevard first. Subsequent
City Councils said let's do First Avenue first, and that's what changed.
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Kubby/ And maybe there can be some discussion about people who agree with that
change as to why, because so many people are asking that question.
Nov/ Okay. Would you clarify, if you can, some of the questions that were asked here -
Jeff Davidson/ Yeah, and ifI gloss over something and you need more detail, or ifI
forget one of the questions that were asked, please just state it specifically. It is
my recollection that the decision was made to accelerate the First Avenue
extension project and the Capital Improvements Program when you were in your
budget preparation last fall, and you always take a look at the Capital
Improvements Program with you. At that time, Steve goes through all of the
projects with you, and you have the decision then to accelerate, decelerate, or
leave it right where it is on the seven-year plan. And I think, there was probably,
it could be stated, that there was three principle motivations for your decision.
One was, that if one looks at development in Iowa City, and if one draws an edge
around the current boundaries of the park, to allow property to develop in an
orderly fashion, that this would be the next logical arterial street extension that
would be needed for property owners to do that. We have a water line that is
planned to come, a water main, I should say, that is planned to come from the new
water treatment plant that will be constructed in a few years, to the storage facility
on Rochester Avenue. They are going to be putting that in next year, and I think
you believed that because of the cost savings that would accrue fi'om this, that, we
need to locate where the road will be at the time we put the water main in, so that
eventually whenever we build the road, it's where we want it to be in the right-of-
way of where the road will be. I think you felt that there would be a cost savings
in doing the road at the same time as the water main. Another motivating factor, I
think, was emergency vehicle response. Northeastern Iowa City has, for years,
had the poorest emergency vehicle response time, this is ambulance, police trucks,
fire trucks, in Iowa City. It has been a concern to the Police Chief, the Fire Chief.
By extending this street, it does improve response times, certainly from the fire
station that is down around Sycamore Mall. That would be very beneficial to
people that live in that part of town. And, certainly, as we all know, there are
traffic flow benefits, travel time savings, from having this street extended. And,
you lmow, we've tried to be very upfront about the community that that is going
to be to the benefit of people who live along certain streets in Iowa City, and it is
going to be to the disbenefit of other folks. And some of those folks that I think
will be negatively impacted have spoken here tonight, and I can't disagree with
some of the statements that have been made. It would be foolish of us to think
that we were going to build this street and not have an increase of traffic on First
Avenue. It will increase traffic on First Avenue, and we will try to provide you
with some estimate of that.
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Nov/ What about Hickory Hill Park. I seem to think that Dodge Street is closer to
Hickory Hill Park than this would be.
Davidson/ Well, a little point of Hickory Hill Park is actually contiguous to Dodge
Street. I have a diagram here, I don't lmow, you want to take it and point it at one
of the cameras. I think many of you have seen this, and I'll show it to the
audience in a second. The proposed street extension, First Avenue, will come up
to an intersection of the recentlyroamed Captain Frederick Irish Parkway which
will come down from Dodge Street, form an intersection with a south driveway
out of ACT, which we are working with ACT about the exact location of this
intersection at the present time. You can see outlined in green here, the park. This
is the point at which it does touch Dodge Street, currently. It will stay between
1,500 and 2,500 feet from the park. But certainly, I will tell you, that when I have
been asked by individuals of the impact of this extension on the park, clearly, this
road is going to be visible from the park. Clearly, the development that will, at
least in theory, occur after the road is constructed, basically sewer, water and
roads, those are the tlu:ee pieces of municipal infrastructure you need in order for
development to occur, and this is one more piece that will allow development to
occur. That development, and the road, although not contiguous to the park, will
clearly have an impact on the park. It will form an edge to the park where right
now there really is no edge, I think when you walk out into the upper part of the
park and you look out over that lovely vista, you don't feel like there's an edge to
the park. And I think the construction of this road will make an edge to the park.
Nov/ Could you turn it around so the audience could see it all.
Baker/
Jeff, could I ask you a couple of questions as well? Just to clear up a couple of
things that you said. Go back to the rationale of response time. Is this response
time improvement for the development that's already there, or future
development?
Davidson/ Both, Lan'y.
Baker/ Okay.
Davidson/ Especially, you know, when you get out as far, around the area of the
Highlander, and ACT and that area. Emergency vehicle response time is very
poor there compared to the rest of the City, and it will greatly improve that.
Baker/ So, those particular areas which are already developed will have a better response
time?
Davidson/ That is correct.
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Baker/ Okay.
Norton/ Jeff, how long is it -- Pardon me, Larry.
Baker/ No, go ahead.
Norton/ No-
Baker/ Were you going to follow from that one?
Norton/ No, go right ahead. I'm following along, but not quite.
Baker/ The prior Council's decision, on the timing, was, it's my recollection that the
prior Council took the First Avenue extension completely off the Seven-Year
Plan. Is that right?
Davidson/ That is correct.
Baker/ Okay. It wasn't just date-specific deferral, it was taken off indefinitely.
Davidson/ It was in the Plan in that section that does not have a specific year, it's out
there beyond seven years, as a project that we intended to complete at some point,
but there was no specific year dedicated to it.
Baker/ And, even if we had done that, and worked to make Scott Boulevard's extension a
priority, in the long term, we would still be having development moving back
towards Hickory Hill Park.
Davidson/ Yeah, presumably, Larry, it would've begun more in the vicinity of Scott
Boulevard and proceeded west, rather than what this extension will allow it to do,
and extend east.
Baker/ All right. And finally, could you talk a little more about how this extension, the
impact this extension will have on other streets. I'm thinking of Rochester,
Rochester both east and west, and on Dodge Street.
Davidson/ Yeah, we provided you some information which I don't have, but to my
recollection, in addition to the, we did have a projection which a gentleman
quoted earlier of 4,300 vehicles diverted off of Dodge Street onto First Avenue
after this is constructed. You also asked us to look at Rochester, the cross-streets
basically, Rochester, Court, and Muscatine, and we showed decreases, although
they were not significant decreases, slight decreases in all those streets, both east
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and west of First Avenue, except, I believe, Rochester to the east had a slight
increase. That is my recollection. All the rest were the same or slightly
decreased. I believe Muscatine Avenue had the greatest amount of decrease,
which is what we would expect, because fight now, the primary traffic pattern
without First Avenue extending to Dodge, is that people use Dodge and Governor
to come into Muscatine or Court and proceed east to Iowa City.
Baker/ I think, my point was that, one of the difficult things about maldng street
decisions is that what you do on one street has an impact on another street, and -
Davidson/ Absolutely.
Baker/ And, though traffic will increase on First Avenue, there are some benefits,
tangible benefits and marginal benefits, to other streets as well.
Davidson/ Oh, sure.
Baker/
Now I've consistently opposed this extension, but I understand that the positive
aspects for other streets, one of which I live on, are there. It wasn't enough to
make me change my mind, but -
Davidson/ Yeah, clearly, Larry, Dodge Street has the most, Dodge and Governor have
the most direct, measurable benefit if you want to call it that, from this. Once it
starts to fan out into the rest of the town, then it gets hard, more and more difficult
to actually measure it.
Baker/
And then, I think, one of the things that some members of the public have pointed
out that this was a change in, it was a split vote before, it's a split vote now, it's
never been a unanimous decision on any Council on the future of this project.
Davidson/ Any other questions?
Norton/ I just wanted to follow up on a couple things. Was it anticipated in our earlier
discussion, that truck traffic would be banned on First Avenue?
Davidson/ I believe you indicated, at the time you made this decision, that it was your
intention to institute a prohibition on large truck traffic similar to what we've
done on Kirkwood Avenue. Once the road is built, we would bring an ordinance
to you, and you would adopt that by ordinance. You have indicated, this Council
has indicated your intentions to do that.
Norton/ I want to make clear, too, that -
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Nov/ One-
Norton/ Pardon me, go ahead.
Nov/ One more comment on this. Didn't we say there would be truck traffic, maybe as
far as Muscatine from the south, from Highway 6 to Muscatine, perhaps?
Norton/ Oh, yeah.
Davidson/ I don't remember that being specified, Naomi, but that would all be according
to however you wanted to declare it in the ordinance.
Nov/ There was some commercial area in there that we thought might bring in some
trucks, but we certainly were going to say not north of that.
Davidson/ Right.
Thornberry/ I think that was going from the east-west arterial over to Scott Boulevard,
and down Scott with the trucks.
Norton/ But you could also have the trucks go out a local road and back in on Muscatine
from the east. I think the idea was to keep trucks off of the hill that was alluded to
in the discussion. But, to follow up, was, has First Avenue, for many years, been
listed on our arterial street plan?
Davidson/ Yes, it's been a comprehensive planning document that the City has back, I
found a reference as far back as the late '70s. I think people will tell you that
there's been reference to it before that. It's been on the JCCOG arterial street plan
for at least 10 years.
Norton/ Given that, and given our general reluctance to see driveways open directly onto
an arterial, though we've violated that just north of Rochester, down the hill and
along through the subs, right?
Davidson/ Yeah, the further development on First Avenue extended, and Captain Irish
Parkway will not have direct driveway access.
Norton/ But you've got a bunch of them already -
Davidson/ Yes, we do. And we are dealing with that.
Norton/ Is that hill consistent with arterial standards?
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Davidson/Yeah. That is the steepest hill you would want to find in the arterial street
system, but it does comply.
Norton/ Can I ask one other, I think the question of where open space goes out there is,
seems to be, at least from my position to be, Cemetery and Hickory and all that
region beyond and to the right, north and east of the, to be parkland, and I don't
think it was (can't understand) in the open-space plan to be that, was it? So the
development is, in some sense, going to happen there, we have to work hard to
figure out how to do that, and certainly how to protect Hickory Hill, what kind of
buffering can be done there. I don't see how this is not going to happen
sometime, whether it comes before or after Scott. None of them go to Interstate
80, incidentally. Nothing intersects directly with 80, not Scott extended, nor this.
Kubby/ I know that there was some neighborhood discussion about this. It was
neighborhood associations right there in that area that are organized, not
necessarily unorganized neighbors or neighbors that were further to the south, but
will be affected all the way along there, but -
Davidson/ Yeah, actually, Karen, we, you remember the, it was like a three-page
summary that you received after your decision had been made, summarizing all
the issues, and a lot of the stuff that I've been saying here. That was mailed to all
of the neighborhood association in east Iowa City. Everything east of the river,
basically. I know the Court Hill neighborhood did put it in their newsletter with a
very positive spin on it. I also had discussions with officers from the Longfellow
neighborhood, and the Northside neighborhood. And then, we had a meeting at
the Bluffwood Neighborhood Association that we, I mean that was the issue that
we discussed, and had a good meeting, and let people know what was going on
there. So there's been quite a bit of contact with the neighborhood groups,
although, you know, it's been kind of up to them about how much they wanted to
publicize it.
Kubby/ And what that maybe shows to me is that the neighborhood organizations are a
really important part of this discussion, but maybe not everybody's hooked into
that or knows about it, as evidenced by the number of people from up and down
as well as across town. I mean, I guess I was, I guess there was a specific request
to re-open this discussion. Are there people who are interested in putting this on a
work session or to meet with neighborhood -
Thomberry/ (Can't understand)
Kubby/ Yes.
Davidson/ Any other questions?
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Thornberry/ Yes. Would, could you give us a chronological order of time when this has
been going on. You said it's news to them, and just recently, they've become
aware of it. Do you have any chronology of happenings that's been disseminated
to the public about this issue?
Davidson/ Well, as I mentioned, the mailing did go out to all the neighborhood
associations in the east half of Iowa City. That was probably last spring, late
winter, early spring. You know, just to clarify, our policy always, with
communication to the neighborhood groups, is that we communicate it through
the officers of the neighborhood group, and then it's up to the neighborhood
group to determine what they're going to do. But, we did extend the offer to
come out and have neighborhood meetings with us to talk about it. Bluffwood, of
course, was the one most immediately impacted.
Nov/ And they were the only one who did ask you to come?
Davidson/ Yes.
Nov/ Okay.
Thomberry/ We've talked about this at Council how many times? Have you got a record
of when we've talked about this issue, and discussed this issue, and voted on this
issue, and prior to even the, seems like we've been talking about it for over a year.
Davidson/ Well, we have had several discussion, and of course, for example, the most
recent one I'm recalling is when we had the issue between the Press-Citizen and
the Gatens on the location of the road which was fairly extensively publicized.
Thomberry/ Yeah.
Davidson/ That was when, late, early summer, late spring.
Thornberry/ (Can't understand) out there and made a determination as to what, what
approach it took off of Highway 1 up there. That was -
Kubby/ That's the east-west arterial (can't understand), not the First Avenue extended.
Thornberry/ Right. Well, the arterial goes through there, and you know, there probably
would not have needed to be an east-west arterial planned as such. And I, show
me where I'm wrong. I lmow I'm new on the Council, two years on the Council,
and the previous Council gave permission to close that Scott Boulevard extended
road that came out that was not paved. It was a gravel/dirt type road that goes up
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road that came out that was not paved. It was a gravel/dirt type road that goes up
from Scott and comes around through ACT. The Council approved the closure of
that road. Had that been left open, would there have been any need to have an
east-west arterial?
Davidson/ Well, you know, the motivation for closing that road was partially the
corporate entity out there, ACT, but also, we were getting a safety problem on that
road, where we were getting an accident-rate that was way out of whack with
respect to the number of vehicles that were on the road -
Thornberry/ I understand that, but straightening and smoothing, and doing things to that
road, as opposed to doing something else, would have been probably preferable to
the east-west arterial.
Davidson/ Well, we needed to do something with that road because of the accident
history. We even had a fatality out there, and so we needed, I think closing that
road was a very good decision safety-wise, for the community. But it has
hindered circulation, certainly.
Thornberry/ But you don't necessarily close a road any time there's a fatality on the
road, or we wouldn't have too many roads left. So, I don't think that's a motive
for closing a road, just because there was one fatality on that. We could've
straightened it, we could've taken the dips out of it and could've done a whole lot
more with that road.
Davidson/ Well, and in fact, Dean, the future extension of Scott Boulevard to the north
will do exactly that.
Kubby/ The request from the corporate entity was a very powerful request.
Thornberry/ I understand. That was the previous Council. And to get things from -
Kubby/ It was not unanimous.
Thornberry/ I can't help it, it passed, Karen.
Kubby/ I'm just-
Norton/ It was weirdly located, wasn't it?
Lehman/ Yeah.
Norton/ It was weirdly located, parallel to Interstate 80, wasn't it?
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Nov/ It was much too close to 80 to be serviceable as a good arterial street for this
particular -
Davidson/ Yeah, maybe I understand your question better, Dean, that the Captain Irish
Parkway will essentially duplicate that road, but in a manner that more
accommodates 'the future development of the area, if that's what you're asking.
Yes, that's absolutely true.
Thornberry/ But, had the other road been redone, it may not have been, even had to be
relocated a little bit, but then the east-west arterial would not have needed to be
done, but the extension of First Avenue -
Nov/ I-
Thornberry/ It would've gone directly to Scott Boulevard, because that's where it went,
originally. I live just a few blocks off of Hickory Hill Park, from the north end,
and visit there every evening that I can, and it is a beautiful park. And when you
say that it will be visible from Hickory Hill Park, it will be in certain areas of the
park. Certain areas of the park, the sky's not even visible. It's a beautiful park,
and there, the undulations of the land maize for a serene area. I agree with Jim
Throgmorton, I'm just not as flowery and eloquent. But, it is a serene place to
walk the trails in and to be without truck traffic, I can see, I'm trying to weigh
both sides and see that it's necessary to put the east-west arterial through, mainly
for Scott Boulevard, but also for First Avenue. First Avenue is being widened to
three lanes, not four, but three, down by the Hy-Vee, and up a little bit, and then
to the south. It is a busy street. I lived at 124 First Avenue. I backed into First
Avenue, while they were running their trucks up and down, building on the north
side of Rochester. And it wiggled the house, there's no doubt about it. But I
think that there's a moratorium on heavy semis on that street, is that correct?
Davidson/ Not currently.
Norton/ There will be.
Nov/ There will be.
Thomberry/ But there will be, but there can be, there should be -
Davidson/ There will be, if the City Council determines that shall be, then it shall be.
Thomberry/ And when they service the Hy-Vee, the new Hy-Vee that's being built down
there, I understand from staff and from Hy-Vee that they will not be going up and
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down First Avenue with the tracks, to service the new Hy-Vee store, it'll come off
of-
Norton/ Muscatine.
Thomberry/ Huh?
Norton/ From Muscatine, from the east.
Davidson/ When I -
Thomberry/ That one extends first, because they can't be on that road. They won't be
allowed on that road.
Norton/ Across the tracks, they might, coming in from the Highway, bypass.
Nov/ They may take Highway 6 to Scott Boulevard, or First Avenue to Muscatine, but
they would not go north of Muscatine, that was my understanding.
Thornberry/ I have heard from quite a few people on Dodge Street and Governor Street,
thm~king us for putting the east-west arterial through.
Davidson/ Yeah, the Northside Neighborhood Association was, expressed to me that
they wanted to be sensitive to the neighborhoods that were negatively impacted
by this. They felt very positively about it, and what it did for their neighborhood,
but they understood that it negatively impacted other people, and so they
deliberately took a low-key approach.
Norton/ Yeah, they suffer a lot of cut-through traffic, through Reno, and other places
now, yeah.
Nov/ And there's no question that the stoplights, stop signs, etc., will help. There will be
more traffic-control as the traffic increases.
Vanderhoef/ Jeff, could you speak a little bit about where you are in looking at the other
comers, major comers, of (can't understand).
Davidson/ Yeah, from the very beginning of the planning of this, we have been aware
that we've got a very unique situation which a previous speaker referred to, in that
we have a lot of schools along First Avenue, all the way from K to 12. And
because of that, we need to pay very, very careful attention to issues involving
pedestrians and schoolchildren. We do have other elementary schools in this
community that are located adjacent to arterials, and we have found ways to
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ensure the safety of schoolchildren. An example is Horace Mann school, where
Dodge Street is w,~ry heavily traveled. We have a stoplight with a crossing guard.
I think it's very likely that we'll have a similar situation adjacent to Hoover, at
Court Street. We're taking a look right now, specifically at the Rochester Avenue
intersection, and the Court Street intersection, and then the intervening segments,
and looking at what we can do to ensure the safety of pedestrians through that
corridor. I've indicated to people who have asked me, that the Council has stated
they have no intention of widening First Avenue north of the new Hy-Vee, being
referred to, but that we may need to make some intersection improvements. And
that folks who live adjacent to, especially the Court Street intersection, we may
need to purchase a little right-of-way in order to get a good, safe, function
intersection in there. I mean, we're just trying to plan for the increase in traffic
that we do forecast.
Thornberry/I'd like to see that traffic go down, as much as possible, down Scott
Boulevard, to enhance the Scott-Six project down there, in the commercial, so
that, but I think that to get from the north to the south, and I lived here before
Dodge and Governor were one-ways, it was fairly easy to get around here, except
that when Iowa City extended out to the east, south of where you live, what street,
Rochester, that made getting from the north, and when they put the Interstate in,
that made it a little more difficult to get down. And so, even my mother's house, I
have to go down Dodge street, and over, and come up, and go all the way around,
as do the emergency vehicles. So that will be (can't hear).
Davidson/ Any more questions for me?
Nov/ Thank you.
Kubby/ I'm not hearing any interest in -- oh, sorry.
Throgmorton/ Could I make a few brief observations? One, with regard to the east-west
arterial, and Scott Boulevard. I think I hadn't heard anybody express opposition
to those tonight. There is merit in diverting traffic off of North Dodge. So,
there's no, I haven't heard anybody oppose those particular actions. It's First
Avenue that's bee. n opposed. Secondly, it seems to me that notifying the
neighborhood associations only, is not sufficient, with regard to considering the
effects of constructing First Avenue on the park. So there are other people out
there in the community that should be connected with, and involved in the
discussion about whether or not that road should be extended. Thirdly, if you
reduce the size of the natural area in the northeastern part of the City and shrink it
down to Hickory Hill Park alone, I think there's a very strong likelihood that
you'll decrease the diversity and viability of plant and animal species there. Now,
I'm not a plant ecologist, I'm not a wildlife ecologist, I don't lmow that for
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certain, but I think that it's very likely from everything that I've read. So, I would
encourage you to have some wildlife or plant ecologist take a look at that, and
investigate that particular topic. And, lastly, it seems to me that all these issues
should be part of the Northeast District Planning Process, which is a part of the
effort to carry out the Comprehensive Plan that you're in the process of adopting
right now. So, I think you ought to defer action and incorporate it into the
Northeast Area Planning Process.
Kubby/ Jim, I know that at one time, in your capacity as a member of Environmental
Advocates, a small group of people who as an organization put together some
design suggestions for the whole Northeast part, so that when it does develop, it
can be done in an environmentally sensitive way, with fewer roads, but still
maintain density.
Throgmorton/Right.
Kubby/ And, I don't know that this Council has seen that. I know that I've seen it at
Chamber events, I've seen it the library, as a member of the (can't understand),
but it might be worth our while to put Environmental Advocates on our agenda, or
to give them some time at the Northeast District Meetings for the Comp Plan, that
neighborhood plan, to have some time to present that, those concepts again.
Because I think they're very relevant, and you even had some developers express
some interest in that.
Throgmorton/ Yeah, I would think Environmental Advocates would be happy to provide
you with a copy of that brochure from 1993. And surely, we'd want to be
involved in any discussions you'd have as part of the Northeast District Planning
Process. The key point though, is to defer action, defer it.
Norton/ There's some action we can't defer because we've got to get the water line in
there. That can go in without the vote. But it has to go in, and there'll be a road
sometime.
Throgmorton/ Right, and I remember asking that question in 1995. I asked Chuck
Schmadeke, if we do the water line, does that mean we have to do the road, and
the answer was no.
Norton/ We just need to stake out the road in some way, we just have to know where it's
going to go, ultimately. But the timing, I think ought to take a real hard look and
make sure it's consistent with everything we're thinlcing about. We've looked at
the difficulties of extending Scott and finishing the east-west, that tums out to be
very difficult, too, and extending Scott further north is even more difficult. So,
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it's not easy anyway, and we ought to take a hard look, and a second look would
be in order, I think.
Kubby/ Well it is our, it's not inevitable that First Avenue is extended. It is only
inevitable if we choose to make it so. And that's the point of-
Norton/ It's only got a little ways to go though.
Nov/
We are not going to discuss the issue of whether or not it's going to be extended
tonight. We have to get on with the agenda. We understand that everybody here
does not want it extended, and we have heard from others who do want it
extended. Someday, it will be extended.
Kubby/ But it doesn't get to the issue of will this body reconsider that decision or
reconsider the timing of that decision.
Nov/ I don't hear four people who want to reconsider it.
Kubby/ (Can't understand) question has been asked.
Baker/
I want to respond to Karen, because I would prefer that Council reverse their
decision, not defer it. Because you and I both agreed on the original decision. I
think the deferral, if the majority of the Council has serious second thoughts and
has an open mind about that decision, they ought to defer it. But they shouldn't
mislead the public by agreeing to deferral and pay lip service to that
consideration. If people feel strongly about it and are comfortable with the
decision they should proceed with that. But, I would prefer to reverse the
decision, not just a deferral.
Norton/ Deferral means, presumably, that you could change your mind either way.
Baker/ Well, if you want to reconsider it, and are seriously considering a different
opinion, then you should defer.
Norton/ I would be willing to defer, while we rethink it very carefully. I would like to
see more of that Northeast Plan than we have, and I think we perhaps haven't seen
enough of that.
Baker/ My point of deferral is to defeat it, not to -
Norton/ Well, I understand your thinking.
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Kubby/ Is there a fourth person who would like to have further discussion, to possible, to
defer to rethink the issue and we'll get these pros and cons then?
Nov/ I don't hear four.
Norton/ Not tonight, huh?
Nov/ Not tonight. Okay, we're going to move on with the agenda. Thank you very
much.
Baker/Naomi, there is a gentleman who -
Nov/ There is a gentleman who has spoken twice.
Kubby/ No, I don't believe so.
Lind/ Just once.
Nov/ Okay, sorry. Go ahead.
Lind/ And this is the first time I've ever agreed with anything Jim's ever said, so -
Nov/ Poor Jim.
Lind/
When he was on City Council. And again, the one problem, and I'll probably get,
be tarred and leathered by these folks when I tell you this, I think the road will get
built eventually, and I don't have a big problem with it. I mean, I like roads, I
think roads are important for our community, designed well. As far as the park,
it'd be a great place for a golf course. But the problem I have is when we
designed Scott Boulevard, when we decided to do Scott Boulevard, you people, I
know none of you were on the Council, but the Council told us at that point, this
is where the traffic's going. We're going to route that traffic right from the
Interstate. We're going to run it south, it's going to be out here. We're going to
make this road nice and wide, and that's where it's going. First Avenue,
absolutely, it's a major road, it'll have access, but it's not the major access. And
what's going to happen now? And you're right, I can see it, this Council says no
trucks on First Avenue, absolutely. Of course, the last Council said no First
Avenue. But this Council says no trucks. Now what happens when the next
Council says, well, you know, that Scott Boulevard, that's $10,000,000 to build
that, beck, we'll just run them all down First Avenue.
Nov/ No, no, that won't happen.
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Lind/ It's a real problem. We were told Scott Boulevard is the access. Now, we're told
First Avenue is the access, and sometime Scott Boulevard will get done.
Nov/ And, we have been asked by people who live along Scott Boulevard to divert the
truck traffic. They don't want it either.
Lind/ Okay.
Nov/ But we have always maintained that it is the place for the truck traffic. It is the
street that was designed for that traffic. It was always there, it will continue to be.
Lind/ And again, I don't want to get into this big discussion about "well, not in my
backyard", but you lmow, when we built our house, when First Avenue was built,
versus when Scott was finished, everybody lmew what the rules were, and how it
was supposed to be used, and Scott Boulevard was designed for the heavy traffic.
Nov/ Yes.
Lind/ It's what everybody was told. That's how we built it.
Thornberry/ (Can't understand).
Nov/ It still will be.
Lind/ What's going to happen down the road when you don't have the money to finish
Scott and now you need to start running those trucks down First Avenue?
Norton/ It's not just Scott, it's the east-west arterial, too. Not just Scott, so -
Lind/ Well, I understand that, and that's why it's going to be even tougher, because
that's going to be a ton of money out there.
Norton/ Got to build a bridge -
Lind/ It's got to go all over Highway 1, and the Interstate, or it's quite a timeline -
Thornberry/ It can connect to that arterial. It doesn't have to go over the Interstate, it
doesn't have to wait that long.
Lind/ Okay. It did at first.
Thornberry/ Scott can connect onto that east-west arterial.
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Nov/ Yeah. It was the plan to eventually connect it to first, what is it, Highway 1 ?
Lehman/ Highway 1.
Nov/ Highway 1, yeah. But, that's going to be a long time.
Thornberry/ That's a long way -
Nov/ Long, long time. The main idea now would be to connect Scott Boulevard to an
east-west arterial which is starting to be built next year.
Lind/ Thank you.
Kubby/ Well, the plan was to have a three-year phase for Scott Boulevard, to get people
into a habit of going from the north to the southeast to go all the way around, then
do First, so that the traffic that was going into the middle of the eastern part of the
City could just change that habit, but the people going from the Southeast would
still be going all the way around. Now, it's going to be the other way, and the
habit's going to be built for First Avenue.
Thornberry/ Not for the trucks.
Nov/ Well,-
Kubby/ Not for the trucks, if we -
Lind/ Not for the trucks, for now.
Nov/ Yes.
Thornberry/ It told us, I'd say keep the trucks off the north east-west arterial, while it
only connects to First Avenue.
Norton/ That's not what -
Thornberry/ When it extends from First Avenue over to Scott, then allow the trucks onto
the east-west arterial.
Norton/ Yeah.
Thornberry/ Then they don't get into the habit of going down First Avenue.
Norton/ Yeah, that's the idea.
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Kubby/ Well, I'm talking just about regular residential traffic, and -
Thomberry/ (Can't understand)
Kubby/ And commuter traffic as well.
Nov/ One of the concerns that was expressed a few years ago was if someone is going to
drive ordinary automobile traffic, was going to take Dodge Street rather than Scott
Boulevard, even if Scott Boulevard were going to be constructed. It would attract
the trucks and the heavy traffic more than it would the ordinary residential traffic.
There had to be, at some point, another North Dodge Street, not just Dodge Street
and Scott Boulevard. It was always the intention to put in First Avenue
sometime.
Lind/ Oh, and I agree with that. We understood that. But what everybody was told was
that Scott Boulevard was where all the traffic was going.
Nov/ That's how it was.
Lind/ That's why we were doing First, and that's why we were spending all the money to
put it in there, so -
Nov/ We're still
Lind/ The other thing that you've got to consider. And again, we talk about being
negatively impacted. I can move, that's no problem. You can't move those
schools, you can't move that hill. You've got a real safety problem there. And
we talked about one person dying on Seven Sister's Road, so you closed the road.
What are you going to do on First Avenue?
Nov/ Well,-
Thomberry/ We'll just close the road.
Nov/ Well, that has been a consistent problem. There are many schools that have been
built on arterial streets. There are children on Benton street with high traffic, with
hills, with crossing guards. It's a continual problem. It doesn't exist just on First
Avenue.
Vanderhoef/ One of my greatest wishes, particularly since we also have it on the agenda
tonight, is another industrial park. And what I see happening for eastern Iowa
City, is the fact that there will be additional traffic out there, particularly in trucks,
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and when I look at the exits that we have for Iowa City, the size of Iowa City, and
the distance between the exit at Dodge Street and the exit at Herbert Hoover
Highway, I would think, I would be ready personally at any time to go forward
right now to start talking to the DOT about making an entrance/exit at Scott
Boulevard.
Norton/ Yeah.
Thornberry/ That's what I want, too.
Norton/ I'd agree to that.
Thornberry/ I want the traffic over there on Scott.
Vanderhoef/ (Can't hear) the DOT, but I think it's time to start that discussion with the
DOT.
Norton/ Open up a big mall here.
Nov/ The last time they said no, but we can keep asking. Okay. We're going to move -
Thornberry/ The DOT said no?
Kubby/ We need one more person to reconsider, so you chose a good (can't understand).
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ITEM NO. 5a Public hearing 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.
Nov/ (Reads agenda item #5a). P.h. is now open. If anyone would like to talk about the
Neighborhood Commercial Zone, please come forward, sign your name. Okay.
Thornberry/ Harry, are you going to talk about Neighborhood Commercial Zone?
Nov/ Yes. Harry was planning to be here for that one.
Thornberry/ I would like to say something about it.
Harry Wolfe/ Good evening. I'm Harry Wolfe, Vice President of Southgate
Development. My company is currently in the process of developing the Walden
Square shopping area, along Mormon Trek which is zoned CN-1, and we would
encourage Council to pass this amendment to the ordinance. The versatility it
would add to the CN-1 would allow us to provide what we believe would be a
much better shopping experience for that neighborhood, consistent with the intent
of the CN-1 zone to integrate residential and commercial into a neighborhood
setting. So again, I would encourage this change. It would allow us to improve
the mix and to provide an even better project for the neighborhood. Thank you.
Nov/ Thank you. Is there anyone else who would like to discuss this issue? Okay. Is
there any Council discussion?
Thornberry/ I would like to discuss this a little bit. We talked about this last night at
length, at it seems, about the CN-1 zone, with the footprint versus the square-
footage. When you're looking at, and Karin, you can come up if you like and we
can discuss this again, if not that's fine. But the footprint of the Neighborhood
Commercial is what the neighbors are looking at as the reason for having a
smaller sized business in a Neighborhood Commercial, servicing basically the
neighborhood. That's why it's a Neighborhood Commercial. There are some
exceptions that are noted, one being a grocery store, which would be larger, a drug
store, which could be larger. There are several that are. As far as restaurants are
concerned, and I guess I'm speaking primarily of one specific restaurant in the
Neighborhood Commercial, and this is Mid-Town Family Restaurant. We would
like to still, we would like to build in the Neighborhood Commercial area, if the
footprint for the number of square feet is acceptable, and would look the same to
the neighbors, would look the same to everybody, but I and others see no problem
with having an underground facility some people refer to as a storage basement.
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Not for customers, not for parties, not for anything other than the storage for the
facility. We talked last night about having different types of storage having the
same type of footprint, or the same number of square feet, whether it be a tape
store selling tapes to watch on a VCR, or records, or what have you, it would take
up a whole lot less space than perhaps a store dealing in stuffed toys, which would
take, stuffed toys are larger, more bulky, and take more storage space.
Nov/ We want a stuffed store.
Thornberry/ I would like to have a, ifI were going to build a stuffed store, toy store, I
would require more storage than it would be if Karen were to open a tape and
record store.
Baker/ Can you say that very fast?
Thornberry/ No. I cannot, I can't even say it slowly. But, I think the concept of a
Neighborhood Commercial is right. And, when you pass by it, you don't want to
have it like, a huge, a huge store like a -
Lehman/ Careful.
Thornberry/ Like an Enzler's or something like that. I mean, I'm talking like a Hy-Vee.
But you could, as I understand it, put a Hy-Vee in a Neighborhood Commercial.
But then, -
Nov/ It could be a small one. Like the one on Rochester.
Thornberry/ Yeah, but that's pretty good-sized.
Lehman/ Dean, this has all been referred back to the P/Z.
Thornberry/ Yeah, but what I wanted to bring out, I do want to bring out is my good
fi'iend Bruce Glasgow so brought over to me this evening a list of people who
would like to see the restaurant built in that zone, and I thought there were a lot of
neighbors that signed the First Avenue extension thing, what did he say, 150
people? This is 750 people have signed this thing. They would really like to see
the family restaurant go into their neighborhood. With the footprint, given the
caveat that the footprint is no larger, but given the storage space below. So this is
what we're working on, Bruce, and neighbors, and people concerned. If there is
opposition to having an unseen basement below the standard footprint, I also
would like to hear that.
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Norton/ I have to, I'm going to have to ask, Eleanor, we have, we're having a public
hearing on the ordinance as written, to simply change to 2,000 square feet without
discussing up the issue that Dean's bringing up about storage space. And without
discussing the issue that you brought up last night about the 2,000 square feet to
all kinds of facilities, including those, in other words, not having a list of specific
facilities plus the 2,000 list covering all of them. Now, didn't we agree to meet
with P/Z on those matters and will that be, does that mean we need to continue
this hearing?
Nov/ No.
Eleanor Dilkes/ No. I don't think we need to continue this hearing. I think these are
issues outside really tiffs -
Norton/ That'll be another change in the ordinance later, then.
Nov/ Yes. That and other changes later.
Dilkes/As I understood it, you sent that stuff back to P/Z -
Norton/ Okay.
Nov/Yeah. We're asking P/Z to recommend other restrictions for other kinds of
businesses. Not 2,000 square feet for everything, but maybe something else
should have 6,000, something else should have some other number.
Lelmaan/ Well, looking at the basement restrictions.
Nov/ And the basement restrictions.
Thornberry/ So, I think people, if the general public have input, not that I'm, I'm not
saying I don't want it, but the place to vent your suggestions would be, now
through Planning and Zoning.
Nov/ It is not yet on their agenda. When it is on their agenda, people will lmow, and they
will be able to come.
Thornb erry/
Nov/ Okay.
Thornberry/
They can start early. They'll be familiar with it when it comes before them.
Thank you.
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Nov/ Now, if there is no other discussion. We are going to close this p.h. The vote on
this issue will be on the agenda at the next meeting. P.h. is closed.
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July 29, t997 City of Iowa City Page 6
Public hearing on an ordinance amending Title 14, Chapter 6, entitled
"Zoning," Article N, entitled "Off-Street Parking and Load g, 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.
Public hearing 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-§ zone and the ratio by
which. fees'.may be paid in lieu of re. quired 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 mor~ thah~25'.°Z~.of the required parking spaces be
provided. on site. ~-'-~'
Action: ' "Y~;
Consider an ordinance amending 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.
(Second consideration)
Comment: At its May 1 meeting, by a vote of 6-1 with Chair voting
no, the Planning and Zoning Commission recommended that projecting
signs continue to be prohibited, The Design Review Committee also
recommended they be prohibited. Staff recommended that projecting
signs continue to be prohibited in a report dated May 1.
Action= ~/~~.~~ ~~_~'"~ ~ ~~~
#5c page 1
ITEM NO. 5c Public hearing 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 #5c). P.h. is open. Is there anyone who wants to talk about
this? P.h. is closed. Is there any Council discussion on this?
Lehman/ Well, I have just one comment. In my opinion, this is designed to encourage
commercial development in the CB-5 zone. The way it's written perhaps gives
the impression that we're trying to discourage residential, I think the effect of it
would be to do that. But I think the important thing is for us to encourage a better
use of the property and more commercial use, which is the whole reason for the
impact fee being applied to residential.
Nov/ Yeah.
Norton/ Yeah, we have a lot of residential there, and we didn't want to encourage a lot
more. We wanted to encourage some commercial activity.
Lehman/ Yeah.
Nov/ And this applies only to the CB-5 zone, which is a very small area.
Lehman/ Very small.
Norton/ Between Court and Burlington for those who don't remember.
Thornberry/ I understand it's a very small area, however, given that there is no latitude
given to the property owner whatsoever. It cannot me more than or less than.
That gives zero latitude to the property owner, regardless of the configuration of
the property. And I think it's far too restrictive to the property owner.
Nov/ Would you like to consider an upper limit, no more than?
Thomberry/ I would much rather have a limit as opposed to just a one-percentage
number.
Norton/ (Can't understand) bring that up now.
Nov/ I would go along with some kind of flexibility. I said this about commercial
development last time we voted on this issue, and now that we're amending it,
I'm willing to, if someone wanted to put just ten percent of the require parIcing
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and pay us for the rest of it, we might be able to consider that. However, I would
like to keep this incentive of at least 75% must be paid.
Thornberry/ Oh, I see.
Kubby/ I have no problem with that.
Norton/ Well, I could go along with that if you wanted to let them go below 25%,
because -
Thornberry/ You mean from 25% to 70%?
Lehman/ I'd like to hear Karin's comment on the no less than. I understand the no more
than.
Thornberry/ But it's got to be exactly 25%.
Lehman/ Yeah, I understand that.
Norton/ Could we go no less?
Karin Franldin/ This is what you wanted to do at our discussion on May 5.
Thornberry/ That's correct. Some of us did -
Kubby/ That's your opinion.
Franldin/ And it was to -
(Can't hear)
Baker/ I love when Karin sits in the back, and we're talking, and she starts shaking her
head, and moving around like this, and -
Kubby/ Well, it's because of this, well, I don't know how many times we've amended
this in a very short period of time, but every time we amend it, we let it live itself
out for one project, and then we don't like that one project, so we amend it again.
Baker/ I felt the discussion months ago was that 25% is a maximum on-site. And I
wasn't, I think we raised this a couple meetings ago, I wasn't clear how we got
this no more, no less thing.
Norton/ I don't either.
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Franklin/ There was always a position that the P/Z and the Council had that you wanted
to have a requirement that some residential parIcing be on-site, and that's why no
less than. It used to be 50%, you had to have 50% on-site. And that was because
there was a feeling that the residential uses created an inordinate burden on the
parIcing system in the downtown. And so, people wanted to have an insurance
that there was going to be paricing space on the site of the apartment building.
Before it was 50%, you lowered it to 25% in may, but the idea was that you had to
have some parking on-site so that some of the residents would have it right there.
But that you have no more than 25% on-site, so that you maximized use of the
property for either residential or commercial.
Norton/ You reminded me of the logic. It was good then, and it's still good.
Lehman/ Well, that part of it is.
Nov/ However, I also want to remind us that we increased the required paricing spaces.
Franklin/ Yes, you did.
Nov/ And that would make a big difference in the amount that would be on-site.
Baker/ It sounds logical.
Nov/ Yes. There's logic in all of it.
Thornberry/ I still oppose the exactly 25%.
Norton/ What is the proposal before us here.
Thornberry/Well, I would like to propose, this is the ordinance in front of us, but this is
only the p.h., and I've opposed this when it came out the first time because of that
specifity.
Nov/ Specificity.
Thornberry/ Close enough.
Norton/ What are you going to change?
Thornberry/ You lmew what I meant, see.
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Norton/ What are you going to propose to change, that you're going to continue the
hearing and then change it?
Thornberry/ Well, this is p.h., it doesn't come up before us until later in August, and at
that time I'd have to propose an amendment.
Nov/ Would you like to propose that we continue this p.h.?
Thornberry/ Not necessarily, I don't think that's -
Nov/ If you're going to amend it, I third< it's appropriate to have the p.h. continued until
the time that you're ready to make an amendment.
Thornberry/ I don't want to be one of those that always puts things off.
Lehman/ Dean, ~
Norton/ You want closure?
Lehman/ Dean, you are objecting to the lack of latitude.
Thornberry/ That's correct.
Lehman/ There can be no more or less than 25%.
Thornberry/ And I understand why Karin put that language in, when she hears one
Council member say, and give reasons why it needs to be at least that much, and
another Council member says geez, we need bring it down from 50%, we get to
25%, and it's all that's left. You try to please everybody. You can't please
everybody all the time.
Norton/ That's why we aren't.
Thornberry/ You'll have a hard time pleasing me.
Norton/ We're not trying to please you.
Kubby/ Isn't it at our direction that this language is in here?
Franldin/ I was not trying to please you.
Thornberry/ Well, you did a good job.
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Franldin/ I was doing exactly what you all agreed to on May 5.
Thornberry/ We didn't all agree to do it.
Norton/ Nevermind.
Franklin/ The majority, excuse me.
Thornberry/ Thank you.
Norton/ There you go.
Thornberry/ But again, this leaves no latitude -
Lehman/ That's right.
Thornberry/ And I just opposed the latitude, not giving the homeowner any latitude when
they're doing a multi-billion dollar project.
Norton/ We don't want them to dump all the parking requirements on us. And we don't
want to fill up all the places with cars, so you see, that's where we're at.
Thornberry/ So make it really tough on that builder, huh? Make it really tough on them.
That's better. I don't think so. I think you need to give more flexibility.
Kubby/ I think it's actually the other direction that developers would want, is to pay the
75%, but to be allowed to put more parldng on than is required versus going
down. I think that's the direction developers would prefer.
Franklin/ Remember, in this zone, this is the CB-5 zone where you're trying to
encourage commercial, and commercial has absolutely no requirements
whatsoever. No parIcing required, no fee.
Norton/ They can do their thing.
Lehman/ For a one-block stretch.
Norton/ They can do their thing then, commercially.
Nov/ Okay, we ready to move on?
Lehman/ Yeah, move on.
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Thornberry/ With, apparently, I won't get a second on an amendment to -
Baker/ What is the amendment?
Thornberry/ I would like to propose up to 40%.
Baker/ No.
Thornberry/ 30%.
Baker/ No.
Thornberry/ Do I hear 25%, no more, no less?
Council/ (All talking).
Lehman/ I have no problem with not more than 25%, I also don't have a problem with
not less than 15% or 20%.
Thornberry/ How about, how about if we do this. How about if we do up to 25%,
meaning that if it's all commercial, they may not need parking places.
Lehman/ This only applies to residential.
Norton/ This is for residential, you see, and they don't, if we let them go down to only
five spaces, Dean, we've got a problem.
Lehman/ It only applies to residential.
Thornberry/ Residential requirement. This is the CB-5 zone.
Lehman/ Yeah.
Norton/ Yeah.
Lehman/ There's no requirement for commercial.
Kubby/ Well, maybe if a Council member has an amendment, they can make sure it's in
our packet by Friday so people can look at the language or the intent or the value
you want to leave out, and -
Thornberry/ Okay.
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Kubby/ And we can discuss that when we have first consideration.
Thornberry/ Okay, I can do that.
Kubby/Okay.
Thornberry/ Because I would like some flexibility.
Nov/ Continue the p.h. if you would like to -
Thomberry/ I would like to.
Lehman/ Second.
Nov/ Okay. Moved by Thornberry, seconded by Lehman, that we continue the p.h. to
August -
Karr/ 26th.
Nov/ 26th. Is there any discussion on the continuation of the p.h.?
Baker/ Just for the sake of the public, that means that we are also planning our first vote
at that time as well. We're not lengthening this process.
Thornberry/ That's true.
Nov/ Yes, it is our pattern to do it that way. We will have first consideration, and we
may end up amending on the floor, or we may end up amending in the packet, but
if we have consideration of the amendment, we should have this continued.
Baker/ We are galloping toward a decision.
Nov/ Oh, yes. We are slowly walking toward a decision, in other words. Any other
discussion? All in favor of continuing, please say aye- (ayes). All opposed, same
sign. Motion carried.
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ITEM NO. 5d Consider an ordinance amending 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. (Second consideration)
Nov/ (Reads agenda item #5d).
Lehman/ Move second consideration.
Vanderhoef/ Second.
Nov/ All right. Moved by Lehman -
Franldin/ Before you do your second consideration, remember that there is an
amendment that you proposed about procedure, so that needs to be -
Norton/ Right.
Franklin/ So that needs to be, you need to have an amendment before it.
Kubby/ Okay, I have that.
Norton/ Yes, I do, too.
Nov/ All right, we have a motion by Lehman, seconded by Vanderhoef, that we give it
second consideration.
Kubby/ I move the amendment that says "a business wishing to install a projecting sign
must obtain Design Review Committee approval according to procedures and
guidelines established by the Design Review Committee prior to obtaining a sign
permit."
Baker/ Second.
Norton/ Well, there's more to it than that, isn't there? It's this whole thing.
Dilkes/ That's what's already in there. The amendment is longer.
Kubby/ I'm sorry.
Dilkes/ It's the whole thing that's underlined.
Norton/ It's the next page yet, one more over, two more.
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Thornberry/ You don't need to -
Norton/ There you are, it's that, in bold.
Kubby/ Oh.
Lehman/ Can we reference that amendment or do we need to read it?
Dilkes/ You can reference it.
Kubby/ I move this referenced paragraph.
Baker/ Second.
Kubby/ That would not have, if someone just had a projecting sign that was going
through Design Review, it would not come to Council, Design Review would take
care of it. If that projecting sign were part of a larger project within the Urban
Renewal Area, the whole project including the projecting sign design, would
come to Council.
Norton/ Right.
Dilkes/ Right.
Norton/ I second that amendment if it wasn't.
Nov/ Well, we had a second from Baker.
Norton/ Okay, fine.
Nov/ Moved by Kubby, seconded by Baker that we amend this to clarify as Karen well-
described, that there are two procedures involved in the approval of the projecting
sign. Is there any further discussion? Roll call-
Karr/ This is a motion to amend.
Nov/ Oh, amendments, excuse me. All in favor, please say aye- (ayes). All opposed,
same sign. We have amended the ordinance. Now, we need roll call as amended
Kubby/ I will be voting against this ordinance. I think that the character that we're trying
to build is not worth the process and the volunteer time and the staff time, for each
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projecting sign to get approved. I think we could use that time and energy to
build character downtown in another way. So, I'll be voting against it.
Baker/ I'll be voting for it again, because I do not believe that the staff time will be that
significant, and this offers the opportunity for some variety downtown. And will
do, in the long run, with Design Review approval, will be a noticeable and
improved signage downtown.
Norton/ Nobody has to put one up. I'm in favor of it for flexibility, as Mr. Thornberry
would urge.
Thomberry/ That's Mr. Thornberry, flexibility.
Nov/ Flexibility.
Norton/ It does provide options.
Nov/ Okay. Options, etc. I will vote for this maybe because it does require Design
Review. If it did not, I would not consider it.
Kubby/ I think many people feel that way.
Thornberry/ I'd vote for it even if there wasn't a design review.
Nov/ I lmow you would. However, I should interject, as an aside, the beautiful red sign
on the former Pizza Hut has come down.
Kubby/ Oh, it has?
Thornberry/ There was a candlelight service for that.
Baker/No one wants to second a motion for neon, then?
Lehman/ I think not.
Nov/ I think not.
Lehman/ I know why some are voting for it, and some are going against, it, and I'd just
like to vote.
Norton/ Well, we don't want to shake the vote too much here, Larry.
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Nov/ Roll call- (yes; Kubby-no). We have approved this on a 6-1 vote, Kubby voting
120.
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City of Iowa City
Page 7
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-§, and CB-10 zones.
(Pass and adopt)
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 irttersections. (Pass and adopt)
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.
g. Consider a resolution approving~he preliminary and final plat of Irwin
Subdivision, a replat of a portion of Lot 2_4 of Mr. Schrader
Subdivision, a 3.07 acre, four-lot residential subdivision located on
Washington Street, east of First Avenue.
Comment: At its July 17 meeting, by a vote of 6-0, the Planning and
Zoning Commission recommended approval of the preliminary and
final plat, subject to staff approval of legal papers and construction
drawings prior to Council consideration of the final plat. Staff
recommended approval in its July 17 staff report.
#5e page 1
ITEM NO. 5e 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. (Pass and adopt).
Nov/ (Reads agenda item #5e).
Norton/ Move adoption of the ordinance.
Nov/ Moved by Norton.
Lehman/ Second.
Nov/ Seconded by Lehman.
Thornberry/ Since all those people wanted it, are we supposed to vote this down, or
what?
Nov/ Is there any discussion of this?
Thornberry/ You lmow, I just don't see why they would be against the little, the little
signs -
Norton/ (Can't understand).
Thomberry/ I understand that. But, I mean, all the Design Review and everybody was
against the little signs that stick out from the retail places -
Nov/ Okay.
Thornberry/ But still, have one of those sandwich boards without a person sitting there. I
think it's really ugly. But it gives some flexibility, so -
Norton/ There you go.
Nov/ And of course, you will continue this discussion with the P/Z Commission, or the
Design Review Committee rather than asking us why the did what they did, right?
Lehman/ He isn't going to ask (can't understand).
Nov/ Is there any other discussion? Roll call- (yes). Okay, we have passed this
ordinance.
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F072997
#5g page 1
ITEM NO. 5g Consider a resolution approving the preliminary and final plat of Irwin
Subdivision, a replay of a portion of Lot 24 of Mt. Schrader Subdivision, a 3.07
acre, four-lot residential subdivision located on Washington Street, east of First
Avenue.
Nov/ (Reads agenda item #5g).
Vanderhoef/ Move adoption of the resolution.
Norton/ Second.
Nov/ Moved by Vanderhoef, seconded by Norton. Are all the legal papers in order?
Dilkes/ Yes.
Nov/ Okay. Is there any further discussion by Council?
Kubby/ These are really large lots, and I would prefer to, it would've been nice if it was
economically feasible to put a residential street in there so that more lots could be
built in there, since this is infill development, there's all the infrastructure there.
But the developer doesn't think that it's worth that though. It meets the
guidelines, I'll approve it, but I wish it were more there.
Nov/ Yeah. It's only four lots.
Norton/ It's not very efficient land use, you mean. Yeah.
Kubby/ Right, especially for infill.
Thornberry/ Too much green space there.
Nov/ Well, this will maize more generous lots. Somebody's going to want that.
Thornberry/ You bet.
Nov/ Any other discussion? Roll call- (yes). We have approved this resolution.
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F072997
July 29, 1997 City of Iowa City Page 8
h. Consider forwarding a letter to the Johnson County Board of
Supervisors recommending approval of a conditional use permit for a
golf course on a 50 acre property located near the intersection of Taft
Avenue and Herbert Hoover Highway.
Comment: At its July 17 meeting, by a vote of 6-0, the Planning and
Zoning Commission recommended that the City Council forward a
letter to the Board of Supervisors recommending approval of the
requested conditional use permit, subject to a paving/maintenance
agreement between the applicant and the County for Taft Avenue
consistent with the County Zoning Ordinance requirements. Staff
recommended approval in a memorandum dated July 17o
Consider forwarding a letter to the Johnson County Board of
Supervisors recommending approval of a rezoning of 46.86 acres
located on the west side of Prairie du Chien Road NE, approximately
1/4 mile north of its intersection with Newport Road, from Suburban
Residential (RS3) to Suburban Residential (RS).
Comment: At its July 1'7 meeting, by_a v_o_te of 6-0,._.t_h_e Planning and
Zoning Commission recommended that a letter recommending
approval of the requested rezoning be forwarded to the County
Supervisors. This recommendation is consistent with the staff
recommendation cited in a me_m.or_a_n_.du__m~_da_t_e_d._J_uly. 11. ·
#5h page 1
ITEM NO. 5h Consider forwarding a letter to the Johnson County Board of Supervisors
recommending approval of a conditional use permit for a golf course on a 50 acre
property located near the intersection of Taft Avenue and Herbert Hoover
Highway.
Nov/ (Reads agenda item #5g).
Vanderhoef/ So moved.
Thornberry/ Second.
Nov/ Moved by Vanderhoef, seconded by Thomberry.
Kubby/ Karin, how far, this is 1/4 mile north of Newport. But how far is this within our
fringe area? From the City limits?
Franldin/ It's, well it's got to be within a mile, because Taft is a mile.
Norton/ We don't have a map handy then.
Kubby/ Yeah.
Norton/ That's a mile though.
Franldin/ Taft Avenue is a mile from Scott Boulevard.
Kubby/ Oh, okay.
Franldin/ And so, the corporate boundary is roughly contiguous to Seven Sisters Road in
that part of town, which is the alignment of Scott Boulevard, the future Scott
Boulevard, so yeah, this is within a mile.
Kubby/ Okay.
Thornberry/ Not that far on a big map.
Nov/ Any other discussion? This is a motion, we need just ayes. All in favor- (ayes).
All opposed, same sign. Motion carried.
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F072997
#5i page 1
ITEM NO. 5i Consider forwarding a letter to the Johnson County Board of Supervisors
recommending approval of a rezoning of 46.86 acres located on the west side of
Prairie du Chien Road NE, approximately 1/4 mile north of its intersection with
Newport Road, from Suburban Residential (RS3) to Suburban Residential (RS).
Nov/ (Reads agenda item #5i).
Lehman/ Move to send the letter.
Baker/ Second.
Nov/ Moved by Lehman, seconded by Baker. Discussion?
Kubby/ My question is really for this item. I apologize for the high point applicant why I
was spacing out and jumping ahead. How far is this development from the city
limits, that is, 1/4 mile off of Newport Road?
Franklin/ This is harder. I don't lmow exactly. I would say that this too, is within a mile
from our corporate limits.
Norton/ Within the two-miles. Certainly within the two-miles.
Franklin/ Oh yeah.
Kubby/ So it's going to be, that's why we're seeing it.
Norton/ Yeah.
Kubby/ So, we're going from one lot having three acres to one lot having one acre,
correct?
Franldin/ That's right, that the density is one dwelling unit per acre with RS.
Kubby/ Okay.
Franldin/ However, the plat, I don't believe, maximizes that density.
Kubby/ Yeah, I don't really, when the plat comes back to us, I'm not really happy with
the, the plat is better than it was, but there's some, I have some problems with it.
But this is just a zoning, and so, in terms of being within one mile in the north
corridor, that's what we have agreed to, that higher density.
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F072997
#5i page 2
Franldin/ In exchange for clustering, clustering being defined as 50% of the area must be
an open space.
Kubby/ I would love it if we had more outlined environmental protection like we do in
the City in terms of the zoning change, as a trade-off for allowing development
like this in the north corridor. Because that's the most environmentally sensitive
area in the County, and that's where we're promoting the most development, in
order to save ag-land. So with all these trade-offs, I just wish we had a little more
guidelines for that development that we're encouraging in the north corridor.
Nov/ That looks like more than a mile on this map, but this map doesn't have a scale, so
I don't know.
Thornberry/ It's not that far.
Norton/ Karin, when this plat comes in, we have, we will, at that point, will we see the
sewer system arrangements, or will we know about that?
Franldin/ Yes, definitely.
Norton/ Because we have something to say about those, or do we?
Franklin/ No, you do within bounds. I mean, it's a subdivision, so there're certain rights
to being able to -
Norton/ Right.
Franldin/ Subdivide. And if they're following all the rules that we have in place, it
would have to be something extraordinary for you to impose some requirement
that's not already in the Code.
Nov/ Any other questions? All in favor, please say aye- (ayes). All opposed, same sign.
Motion carried.
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F072997
July 29, 1997
ITEM NO. 6o
ITEM NO. 7.
City of Iowa City
Page 9
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 City Comprehensive Plan - 1989 Update subject
to the Urban Renewal Area being annexed and rezoned to an Intensive
Commercial Zone and a General Industrial Zone. On April 14, 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 and July 15.
Action: 7~Z'Z~~///~;;~' ~ ...... .
CONSIDER AN-ORDINANCE-PROVIDING-THAT GENERAL PROPERTY
TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY
LOCATED WITHIN THE SCOTT-SIX URBAN RENEWAL PRO~JECT 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
and July 15.
Action: '~ ~ / ~)~J~"]//,~,~
#6 page 1
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.
Nov/ (Reads agenda item #6).
Thornberry/ Move to adopt the resolution.
Vanderhoef/ Second.
Nov/ Moved by Thornberry, seconded by Vanderhoef. Discussion?
Kubby/ Instead of talking about each one of these separately, they're all related, I would
love to hear about the road issue, and how the developers want to handle Item #8 -
Thornberry/ (Can't understand).
Nov/ Well, Item #8 is a public hearing, and they will be speaking at that time. But, this
item does not require that kind of discussion.
Thomberry/ (Can't hear).
Nov/ No, they're not. We can approve this without approving plans.
Kubby/Okay, well, I want to make my statement now then, because it has to do with all
three items, whether we vote on the third one or not. And, I have been very
interested in the partnership, and done some things that I normally don't', in terms
of supporting annexation for this land, supporting the rezoning even though I
would prefer it all industrial, I understood the rationale for having some
commercial. Even with some hesitancy about that, and some hesitancy about the
City accepting responsibility in perpetuity for the (can't understand) advantage
area, once it's developed, and going, and moving smoothly. I supported the
concept of the tax-increment financing, except for one part of it, and was very
hesitant to agree to a 20-year tax-increment financing agreement. Or, up to 20-
years. I would prefer ten, and would have preferred fifteen, and was willing to
live with 20. And, one of the things we're doing with this partnership is
supporting the government's direct intervention with support of the free-market
system, in exchange for the community getting something very long-term and
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F072997
#6 page 2
beneficial back for its investment. And, my hesitancy in all this, and the reason
I'm going to be voting no on these two items, and third, if we do Item #8 tonight,
is that I don't want these benefits to be the luck of the draw, and I'm going to try
very briefly to explain what I mean by that. I've tried in the past, and I've not
been very articulate about that, so I thought I'd put it on paper to try to be a little
smoother. The way that the City's intervening in the parmership with the
proposed free-market system is to basically artificially lower land-development
costs by having, by providing some public-assistance for infrastructure that's
usually paid for by the developer. And the other way, hopefully that we will
intervene, is that individual businesses will come to the City and ask for public
assistance to develop their infrastructure on their individual lot, or for loans to the
company. And I support those kinds of incentives. Except that, only business
who are directly receiving the TIF (??) money will have to meet our guidelines for
economic development. And what these guidelines do is help us gauge the
quality of the work, not just the quantity of the work that is being provided
through increasing increased industrial development. More jobs. But, I'm
looking at the quality of jobs. And our guidelines have us looking at wages and
benefits, safety records, volunteerism of the company, environmental protection,
waste management, and their National Labor Relations Board record. Things like
that that help us gauge the quality of the work. And, those businesses that are
getting the public assistance only through the subsidized development cost of the
whole park will not have to go through this gauge. And that's what I have strong
objections to. So, I don't want this quality of work for those people who are just
getting the benefit of this partnership through lower land costs. There can be a
quality of work for a family whose heads of household work at these locations,
aren't making enough money in their combined wages and benefits to be self-
sufficient, where they may have to come to the City of the Council for other forms
of public assistance. Which means that we end up subsidizing a business for
development costs, and then we subsidize the wages, basically, of that business,
because a family can't live on the wage. And, I don't want that to happen.
Instead, I think we should have the expectation that businesses that receive this
kind of public assistance through a partnership, we should have the same
expectations that we've kind of shifted toward for individual public assistance
recipients, to give back to the community through self-sufficient work. So, if we
don't manage this, the City Council, some of the jobs may be not of as high
quality as I would like, and our actions, I think, should guard against it. So, I
agree, and if the infrastructure that's usually paid for by the developer were going
to be paid by the developer, I'd be voting yes on all of this. But, it's that section of
it that I cannot get past, that will force me to say no to this.
Thornberry/ Okay, Karen -
Kubby/ I hope I've been very clear with this.
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Thomberry/ You have been very cleat' in your response, and you've written this down.
I'm taking this off the top. And I'm trying to somewhere focus in on what you
said, in my, to the way I hear it, and that's whether they ask, if they go out to the
Scott-Six Development Project, in the industrial area, whether they ask for
financing or not, you are going to be opposed to this, because you are not satisfied
that they would be paying high enough wages to support a family of four above
the poverty level. Is that basically what you are saying?
Kubby/ Because, the reason I -
Thornberry/ I'm just, is that ~
Kubby/ Well, the reason I think we should be able to look at that is they're getting some
benefit from the public in lower land costs because of the lower development
costs.
Thornberry/ I understand. So you're opposed to someone going out there and putting up
a plant, for exmuple, and hiring 1,000 or 1,500 people, because the wage would
not be sufficiently high, which effectively, in my estimation, eliminates entry-
level positions which you're forgetting about someone going from no job to
eliminating the possibility of some job. And, I think that an entry-level position,
no matter what it is, is necessary, before you advance up the ladder. So, I'll be
supporting the project, and God love anybody who goes out to this project and
puts in facilities that can employ all of the people that would like to be working in
Iowa City. And if people, by the way, aren't working in Iowa City, read the
paper. There are jobs available. And, they're not maybe exactly $50,000 or
$60,000 jobs, but there are jobs, and they're entry-level jobs of $18,000-$20,000
plus bennies, plus benefits. And I know there are, because I've got some of them.
Kubby/ I think you're mis-characterizing what our economic development guidelines
say. They don't look and say you're way past X, it says according to the kind of
job you're providing, your wage should be in this range. And that these are just
guidelines. And I'm saying that people should have to go through the process so
that we can gauge that quality of work.
Thomberry/ I just don't see the need for -
Kubby/ It doesn't, it's not a business -
Thornberry/That process. The employment level isn't such in Iowa City that you can't
hire somebody for minimum wage anyway.
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#6 page 4
Norton/ I'm going to support it because I think that we are, I share some of your
concerns you have, Karen, about people that go in there and don't ask explicitly
for aid, may not meet all the guidelines that you wish, and I agree with you. But I
think to get the agreement with the developer and to play out this partnership, we
have to give away a little something, and I'm going to take my chances that that
won't happen, that you will not get the kind of situations that you're talking
about, where those people will fall back on other forms of public aid. But, it is
some risk and it seems to me to be worth it to get the agreement in this parmership
way.
Nov/ I think that we should say that this would not happen if the City had to do it alone,
or if the developer had to do it alone. It required a parmership to make it happen.
Lehman/Well, I certainly don't support this, and Karen, I think what you said, I don't
disagree with, if this were a perfect world. But we are in the real world, and we
compete with other communities throughout the state. And even though I think all
of us would appreciate, and would like to see what you're concerned about
happen, this is the real world, and those things hopefully will happen, and don't
always have to happen. And, I think what we're doing here is giving them the
opportunity to happen, so I certainly will support it.
Baker/
I want to use Ernie's phrase, where I don't disagree with you, but I think on one
basic philosophical point, I do disagree with you. But the concerns I think you
have are very legitimate. Obviously, Naomi's point that this is, to re-emphasize,
it's a public-private parmership that either party by themselves could not make
happen. And I've listened to the debate on industrial development in Iowa City
for 16 years, take away 3, and this is the first major step -
Thomberry/ That's 13 and counting.
Baker/ I know.
Thornberry/ I see. It's 13.
Baker/
Basic math, I know that. It's the first major step that a Council's done in that
period. So, if we work with the staff and work with the private developer, I think
it's to be commended, because it has the potential, I think in some respects, we
can see the possibility of immediate benefit, but the potential for a very long-term
benefit to the community as a whole. I think where we disagree, Karen, is this
description of the subsidy, whether this is indeed, the infrastructure subsidy we're
putting into this that's not related to the TIF agreement therefore justifies an
expectation of certain kinds of jobs to be had at this location. I can't say for sure,
but my concern is that if you stretch that logic out, you can apply it to everything,
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F072997
#6 page 5
every dollar that the City spends in relationship to all business in Iowa City, that
we provide millions of dollars in infrastructure support to various commercial, not
just industrial. And, we have a range of employment opportunities, but if we start
tying that infrastructure development in general to requirements on commercial
and industrial, we will paralyze commercial and industrial growth. I don't lmow
if it's a philosophical difference, I think we just draw a different conclusion -
Kubby/ I think it's a mis-understanding of what I said, maybe. I'm not talking about
things that the City normally pays for, like the arterial streets, the streets
surrounding things. I'm talking about those things that developers would
normally pay for mostly, the water, sewer fees, the $1900 an acre is what I'm
specifically talking about.
Baker/ But see, in that case, in this particular project, that's why I see this concept of a
trade-off coming into play.
Kubby/ Well, I'm just saying that I don't think it's as balanced as I'd like, and I feel like
we're giving in other places. But I feel very comfortable being involved in part of
that. This, I think -
Baker/ This is a different case. I think that -
Kubby/ This I don't feel good about.
Baker/ This I think is a balance is as close as we could reasonably expect -
Kubby/ It's just a difference of opinion as to where that balance is ~
Baker/ And the consequences in the long-term. I don't have the discomfort that you do
here about the project, and I will be supporting it.
Kubby/ Well, I do have one, something that Ernie said, that we live in the real world.
Well, I sometimes have a really hard time hearing that, because the seven of us up
here, as City Council, have more to do with what the real world for Iowa City is
tomorrow and ten years from now, than any other group of people in this
community, so it's what we decide to do, what we, what path we decide to take
the City down, as to what the definition of real world is. Looking at what other
communities are doing. Looking at how competitive we can be. Looldng at those
other factors that Emie's talking about, that we have a lot to say about what reality
is.
Baker/ I think that's exactly what we're doing.
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F072997
#6 page 6
Norton/ Yeah.
Baker/ We are dealing with reality as we perceive it, shaping it in a way to make our
community a place for industrial development to occur. It's a reality.
Thornberry/ We can't create the economics that promote the pay that is required to be
paid for help in Iowa City. That's taking it right away from the natural process of
employment. The more people, the better you are at what you do, the more you
should get paid. If you can't, this is a free society, go somewhere else. But I
don't think that it's fair for the City Council to say you gotta pay this much if you
want to be in that location. And I just don't understand -
Leluman/ That's not what -
Norton/ We're not doing that.
Thomberry/ Well, damn right we're not.
Nov/ Moving on. Are we ready for the vote? You ready? Roll call- (yes; Kubby, no).
Okay, we have approved this plan on a 6-1 vote, Kubby voting no.
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F072997
#7 page 1
ITEM NO. 7 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)
Nov/ (Reads agenda item #7).
Norton/ Move adoption of the resolution.
Lehman/ Second.
Nov/ Moved by Norton, seconded by Lehman. Discussion? I would like to add one
thing. By doing this, we are saying the current property tax on this particular area
will remain constant and will be distributed as it always has been. The additional
property tax will be used for improving this area. Roll call- (yes; Kubby, no). We
have approved this ordinance on a 6-1 vote, Kubby voting no.
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F072997
July 29, '1997
ITEM NO. 8.
ITEM NO. 9.
City of Iowa City
Page '10
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.
PUBLIC HEARING (continued from June 17 and July 15)
b. CONSIDER A RESOLUTION APPROVING AND AUTHORIZING
(deferred from June 17 and July 15)
Action: ~/~~/ /~~/~z.~J //~'Z~¢-~~,?
PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF
COST FOR THE REMOVAL AND REPLACEMENT OF THE ROBERT A. LEE
COMMUNITY RECREATION CENTER GYM FLOOR AND REPLACEMENT
OF IOWA CITY/JOHNSON COUNTY SENIOR CENTER AEROBICS FLOOR,
ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH
BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND
FIXING TIME AND PLACE FOR RECEIP? OF BIDS.
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. Funding will be from General Obligation Bond proceeds and
an interfund loan.
PUBLIC HEARING
Action:
CONSIDER A RESOLUTION APPROVING
Action:
#8 Page 1
ITEM NO. 8 EXECUTION OF AN AGREEMENT FOR PRIVATE
REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY AND
ALVIN AND MARY JOAN STREB.
a. PUBLIC HEARING (continued from June 17 and July 15)
Nov/ (Reads agenda item #8). P.h. is now open.
Franldin/ Can I make a comment before you get started? You can go ahead and approve
this resolution tonight without the issue of Freedom Court being resolved. And
I'll speak again to that in a second. What this development agreement is about is
the exchange of what the City is going to do, and what the Strebs are going to do
in terms of this industrial park. Unless you hear something in your p.h. or there is
some issue that you have with that development agreement, what the resolution
will do is authorize the Mayor to sign this agreement. The full execution of the
agreement will depend on the Strebs also signing the agreement. And they have
indicated that they with to have the Freedom Court issue, which involves the
commercial development of the subdivision, not the industrial development, that
they wish to have that Freedom Court issue resolved before they sign the
agreement. We have an approved preliminary plat that would allow platting of
the industrial portion of this property as soon as the Strebs choose to do that, so
there's nothing that should hold up the progression of this industrial park in terms
of any action that the City does or does not take. Also, today, I understand that
the developers have come up with another proposal, an alternative to Freedom
Court. It sounds like it has some possibilities. I haven't had a chance to see it yet.
Jeff Davidson has looked at it. And, I guess, what I would like the Council to do,
or recommend that the Council do tonight is to go ahead and approve this
resolution that authorizes the signing of the agreement. And we will continue to
work with the Strebs on the Freedom Court issue.
Nov/ Would anyone like to speak for the Strebs?
Thornberry/ Karin, on this map that we got -
Franldin/ Yes?
Thornberry/ The other night. This, this pipe marker in there, is that the sewer line, the
water line, it's -
Franldin/It's probably sewer line.
Thornberry/ That goes through that property.
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Franldin/ Yeah, that's the new Scott Boulevard trunk.
Thornberry/ That is all ready to go and there's no problem with that, is that correct?
Franldin/ That's right. We have let, or we've awarded the contract for that. My
understanding is the construction should start in August.
Thornberry/ The sooner, the better, because when they start that they're going to be
going -
Franldin/ Yes.
Thornberry/ Through Highland.
Franklin/ Pardon me?
Nov/ He wants to finish Highland.
Franldin/ No, the Highland Avenue project has to be finished first.
Thornberry/ I'm dying on the vine up there. Okay, thanks, that answered the question.
All the other permits, they're ready to go ahead with that portion?
Franklin/ It's my understanding that they're ready to go. I don't lcnow that absolutely.
Chuck Schmadeke would be the person to give you that information.
Norton/ Madam Mayor, is this the appropriate time to ask questions about the
redevelopment plan?
Nov/ Well, I understand that somebody would like to speak about the actual plats on
behalf of the Strebs.
Norton/ Okay.
Nov/ So, let's let that discussion be first.
Robert Downer/ Thank you, Madam Mayor, and members of the City Council. I'm Bob
Downer, the attorney for A1 and Mary Joan Streb. There has been a considerable
amount of activity in the last 24 hours, with regard to development of a revised
layout for Freedom Court, and we are hopeful that, at least we are very close to
something that will be agreeable to the City and to the Strebs as well. I can show
this in very rough form. It would be necessary for me to come up there and lay
this out, because it's in the form of a very rough overlay on the plat. IfI could
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explain it briefly as essentially moving the Freedom Court some distance to the
south, so that there would be approximately a 340-foot distance between Heinz
Road and the northerly entrance to Freedom Court. This moves the southerly
portion of Freedom Court over where the culvert that drains the DDI industrial
park comes through, and would require an extension of the box culvert so that the
road could be over it. It does not increase the number of commercial lots, it
increases the size of one of them, but there would still be 12 commercial lots
there. The configuration of Freedom Court, as far as curvature and that sort of
thing would be roughly the same it would just be moved south some distance so
that you have approximately a 340-foot distance between the northerly entrance to
Freedom Court and Heinz Road. There are two question with regard to this that
need to be resolved. One is that this does increase by one the number of entrances
onto Scott Boulevard, because this would continue to provide the direct access
onto Scott Boulevard for lot one as Karin Franldin had reported last night as far as
one of the options was concerned. So that you have the horseshoe, if you will,
plus the one-lot entrance directly onto Scott Boulevard opposite Heinz Road. The
other factor to be involved, to be determined, would be the extension of the box
culvert and at whose cost that is to occur. But this does, it would appear, solve
the traffic problem as far as Freedom Court is concerned. I met with Jeff this
afternoon, and I don't want to speak for him, but I have the impression at least
that he regarded the 340-foot distance as being an adequate separation between
Heinz Road and Freedom Court.
Norton/ That separate entrance you refer to would be off of Lot Three, I guess?
Downer/ It's called Lot One on here, but it may have been Lot Three on another plan.
Norton/ The one up there in the corner.
Nov/ The northerly -
Downeft It's the northernmost, northwesternmost lot that abuts the tracks. So, there's
been very little time to refine this obviously. MMS has looked at it and is
working on some drawings to refine it, but that's the concept, as I indicated.
Kubby/ It sounds to me, I mean I'm glad there's some discussion that may lead to some
resolution. I guess this is a process question. If we can't resolve this issue to all of
our satisfaction, what happens to all the other, to the items that were just passed?
Maybe that's a question for Karin more than for you, Bob.
Downer/ Well, it seems to me -
Nov/ Let's not be negative. Let's say we will resolve this.
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Kubby/ Well, I want to understand what the process is.
Downer/ Well, it seems to me that those affect the industrial part of the area. That has
been, the preliminary plan on that has been approved, so there can be a final plat
of that area brought in and presumably approved and the types of incentives that
were being talked about in those resolutions don't really affect this commercially
zoned area as I see it.
Thornberry/ Can I take a peek at that, Bob?
Downeft Sure.
Thornberry/ Maybe you could just stand in front of us and show it, so that maybe
everyone could see it. Boy, it is rough. That's a nice napkin. Is it basically the
same, this same distance, as it was, just moved down?
Nov/ Yes.
Downer/ Maybe without unfolding it all the way, I can show you a little better how this
lays out. It just moves Freedom Court from this point down here, the southerly
portion and it's over that box culvert and extended everything further south is
identified.
Thornberry/ Gotcha.
Nov/Okay.
Lehman/ That looks like a change that will need the approval, or at least a comment from
staff, as to whether or not it's acceptable.
Nov/ And it'll go to P/Z and it'll make the full tour before it's accepted. We all
appreciate the developers changing the plan to make it safer for the trucks, and
thank you very much.
Downer/ Thank you.
Thornberry/It's a good use of that area that is the cul-de-sac, I mean that has that culvert
in there.
Franklin/ We need to have the culvert road on the culvert looked at by the engineers to
see if that's all going to work, but as I said, it looks as if this does have some
possibilities. The plat would go through the P/Z before the Council would
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actually look at it for approval of this particular design. And off the top of my
head, I don't lmow whether we'd need to, it'd probably be preliminary and final
together on that commercial portion of the subdivisions. I would think that would
be the quickest way to do it.
Nov/ Okay. And we will also get a final plan on the industrial area. We've had just a
preliminary?
Franldin/ That is correct, all we've had is the preliminary at this point. And I agree with
Bob Downer's evaluation in that the three items that you have, you can go ahead
and vote on. They pertain to the industrial development.
Nov/ Is there any other discussion?
Norton/ I don't lmow whether this is the time or not, but I have one question about the
redevelopment plan. With respect to our assuming responsibility for the storm-
water management area at some point -
Franklin/ Yeah.
Norton/ It said that three years after the drain relocation and storm-water management
plan, is completed, are completed, is it after the plan is completed, before any of
the work, just the plan, just -
Franldin/No, it should be implemented. Does that say completed?
Norton/ It says "three years after the plan are completed" ~
Franklin/ Oh. It should say "is implemented".
Norton/Okay.
Nov/ The point of waiting three years is to have it fully operational -
Franklin/Right, it's not the plan we're concerned about -
Norton/ That's what I thought.
Franldin/ It's the actual construction of the basin and it's working.
Kubby/ Do we need to make that an amendment, or is that -
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Franklin/ You're actually approving the resolution, I think, as long as you understand
that the agreement will be modified in that respect. It doesn't need to have an
amendment.
Nov/ I think, does that mean amending it to what we all understood it to mean?
Franklin/ Yes.
Norton/ That's what I assumed, yes.
Nov/ That's a good point, thank you. Okay, everybody ready to close the p.h.? P.h. is
now closed. We need a motion.
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b. CONSIDER A RESOLUTION APPROVING AND AUTHORIZING (deferred from
June 17 and July 15)
Vanderhoef/ So moved.
Lehman/ Second.
Nov/ Moved by Vanderhoef, seconded by Lehman. Is there any other discussion?
Dilkes/ It's my understanding in talking to Jeff, that Sarah had made a change in this, in
the provision that you're talking about, to change it to "are completed such that
the stream relocation and the storm-water management plan" or construction were
completed before the three years would take off, rather than implemented as it had
previously said, which could imply started.
Kubby/So it needs to be fully -
Dilkes/ Completed.
Kubby/ Fully constructed and then three years after that is when it would come into the -
Dilkes/Yeah.
Nov/ We should not say plan, we should say the project is completed. And then the
three years starts cormting.
Dilkes/ Three years after the stream relocation and storm-water management
construction is completed?
Nov/ That's fine.
Thornberry/ Yeah.
Kubby/ That'd do it.
Nov/ We'll make it right.
Thornberry/ Roll call.
Nov/ Thank you, Eleanor.
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Thornberry/ Roll call.
Nov/ Roll call- (yes; Kubby, no). We have approved the resolution on a 6-1 vote, Kubby
voting no.
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ITEM NO. 9 PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE
OF COST FOR THE REMOVAL AND REPLACEMENT OF THE ROBERT A.
LEE COMMUNITY RECREATION CENTER GYM FLOOR AND
REPLACEMENT OF IOWA CITY/JOHNSON COUNTY SENIOR CENTER
AEROBICS FLOOR, ESTABLISHING AMOUNT OF BID SECURITY TO
ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH
NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF
BIDS.
a. PUBLIC HEARING
Nov/ (Reads agenda item #9). P.h. is now open. P.h. is now closed.
b. CONSIDER A RESOLUTION APPROVING
Lehman/ Move adoption of the resolution.
Nov/ Moved by Lehman.
Kubby/ Second.
Nov/ Seconded by Kubby. Discussion?
Norton/ Yeah, I just want to observe, the day that I was there, that floor was laid, can you
believe it? Shakes me up a little bit. I remember where all the boards are
underneath it, you know?
Lehman/ You should be a consultant on it.
Norton/ Thirty-three years is pretty good.
Nov/ Well, Terry, are they going to remove all this old wood?
Terry Trueblood/ Yes, all of it will be removed, and some new subflooring put
underneath, and part of the contract is to dispose of the wood.
Nov/ I have someone who wants it.
Norton/ I just want ~
Thornberry/ What're you going to do with it? Is it recyclable? Is it for sale, for free, can
someone use it for something, Terry?
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Trueblood/ Well, somebody suggested that we sell pieces of it, sort of like the Carver-
Hawkeye Turf. I said, well that'd be a good idea, but who would buy it? So -
Kubby/ And if it has a finish on it, we can't really chip it and use it for mulch.
Trueblood/ No. It doesn't have much uses. But, it's a nationwide audience viewing if
anybody out there's interested.
Kubby/ We'll sell you a piece -
Norton/ It'd be good kindling, maybe.
Lehman/ (Can't understand) they'd deserve it.
Nov/ Well, check with the folks who are using old bits of buildings. Ask if they want to
keep it.
Trueblood/ I'm sorry -
Norton/ The Salvage Barn.
Kubby/ The Salvage Barn.
Trueblood/ Oh, okay.
Kubby/ If it's worn out for floors, who wants to put it in a floor -
Lehman/ You could build an old building with it.
Nov/ Well, sometimes with a floor like this that's worn out, may have some decent
surface underneath it, and somebody may use it for subflooring if they're
restoring an older structure. So I think it's worth asking the Salvage Barn once
we know.
Trueblood/ If anybody approaches us, or we can make the approach as well, as a matter
of fact, I know Mike has mentioned to his staff that if anybody hears of a use for it
-- we'd rather see it used than just simply disposed of. But right now, there just
isn't that use, except for one piece.
Thornberry/ If it's taken up in one way, it can, it could be used. But, Terry, if they go
through with a, some type of a wrecking thing, and they just rip it out, most of it's
going to be torn up. I know it's going to be more labor-intensive to take it up in a
careful way, but I would really like to see that floor used.
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Nov/ Yeah.
Trueblood/ We'll look into it and see if we can come up with something. We're on a
kind of a short timeframe, but we'll try.
Nov/ The historic preservation group that operates the Salvage Barn will help you to take
it up quickly. They have volunteers who say well, ifI can use it, therefore I will
help.
Trueblood/ We'll look into that. Salvage Barn, is that what you're calling it?
Kubby/ They get 50% off, help remove it if you want.
Trueblood/That sounds pretty good.
Norton/ Terry, will the new floor be, you'll watch for dead spots in the new floor. They
were there right away in the old one. The ball used to fall right out of your hand.
Trueblood/ You'll be able to jump much higher on this floor.
Norton/ Very good, I need that.
Lehman/ That'll be a slam dunk.
Norton/ You'd be dribbling along and whoomp, the ball goes like that.
Vanderhoef/ Okay, I'd like to at least acknowledge that my mother-in-law was also on
that same Parks and Recreation Commission that built the Rec Center and was
there, and she played basketball on that floor, and she's now 94 years old, and
she's living at Oaknoll at this time, so -
Thornberry/ And Dee, I think my grandmother was there at the time ~
Norton/ I wouldn't be surprised, Dean.
Lehman/ Any other relatives to talk about?
Kubby/ (Can't understand).
Nov/ Okay. Any other discussion? Roll call- (yes).
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Karr/ Madam Mayor, you may want to note that this will be awarded at your Special
Council Meeting on August 13th at 8:00 a.m.
Nov/ Oh, this one too, is that August 13th?
Karr/ Yes, it is.
Nov/ Okay. We will have a Special Council Meeting at 8:00 a.m. on August 13th for the
purpose of awarding a couple of contracts. This is one of them.
Baker/ Do we have four people for sure for that meeting?
Nov/ We have four people. We may have five people, but we don't have more than that.
Karr/ But since Larry asked, I doubt it.
Kubby/ He was the fifth.
Baker/ I'll be out of town. Down in the lovely state of Alabama.
Thornberry/ I thought maybe it was (can't understand).
NoW Okay.
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.July 29, t997
ITEM NO. 10.
ITEM NO. 11.
City of Iowa City
Page
PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF
COST FOR THE CONSTRUCTION OF THE NAPOLEON PARK SOFTBALL
FIELD FENCING PROJECT, ESTABLISHING AMOUNT OF BID SECURITY
TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH
NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF
BIDS.
Comment: This project 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° Funding will be
from existing General Obligation Bond proceeds.
PUBLIC HEARING
Action: -7~ ~
b. CONSIDER A RESOLUTION APPROVING
PLANS, sPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF
COST FOR CONSTRUCTION OF THE IOWA CITY LIBRARY ROOF
REPLACEMENT PROJECT, ESTABLISHING AMOUNT OF BID SECURITY
TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH
NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF
BIDS.
Comment: This project 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. Total estimated
construction cost is $165,000.00 and is to be funded by General
Obligation Bond proceeds.
a. PUBLIC HEARING
Action:
CONSIDER A RESOLUTION APPROVING
Action: ~]~--~'J/ ~
#10 page 1
ITEM NO. 10 PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATE OF COST FOR THE CONSTRUCTION OF THE NAPOLEON
PARK SOFTBALL FIELD FENCING PROJECT, ESTABLISHING AMOUNT
OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY
CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND
PLACE FOR RECEIPT OF BIDS.
a. PUBLIC HEARING
Nov/ (Reads agenda item #10). P.h. is open. P.h. is closed.
b. CONSIDER A RESOLUTION APPROVING
Lehman/ Move adoption of the resolution.
Thornberry/Second.
Nov/ Moved by Lehman, seconded by Thornberry. Any discussion?
Baker/ A quick question, Madam Mayor, I talked to Steve briefly about this the other
day, and it's in part a process question. When we get the bid or bids for this, we
always have the right to refuse if we do not think it's reasonable.
Steve Atkins/ Oh yeah.
Baker/ Even if it's just one bid.
Atkins/Yes.
Baker/ Okay. Because I know that I've talked to a lot of contractors this summer, and
the bids on fencing, I mean the fluctuation on those bids has been amazing. You
can get very, very good bids, or depending on the competition, exorbitant,
exorbitant bids.
Atkins/Yeah, if we don't care for it, we can reject it. In fact, we can ask for sample of
work on other projects, there's a variety of ways to compare it.
Baker/ And the same goes for the Item #15, on the asphalt, on Willow Creek?
Atkins/ Yes.
Baker/ Okay. Because, anyway, I've just been hearing stories about these wild
fluctuations in projects like this.
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Nov/ Okay. Is this one on the 13th also?
Karr/ No.
Nov/ So this will be on the next regular meeting, August 26th.. Any other discussion?
Roll call- (yes). We have approved this resolution.
Kubby/ Thanks for staying, Terry. Thanks for being here.
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ITEM NO. 11 PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE
OF COST FOR CONSTRUCTION OF THE IOWA CITY LIBRARY ROOF
REPLACEMENT PROJECT, ESTABLISHING AMONG OF BID SECURITY
TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH
NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF
BIDS.
a. PUBLIC HEARING
Nov/ (Reads agenda item #11). P.h. is open. P.h. is closed.
b. CONSIDER A RESOLUTION APPROVING
Kubby/ Move adoption of the resolution.
Norton/ Second.
Nov/ Moved by Kubby, seconded by Norton. Council discussion?
Kubby/ Are temporary repairs in process at this point, or are they still yet to come? And
how were you on Sunday?
Susan Craig/ Temporary repairs have been completed, and the company that made them
said please give them a call if there's anything else they can do. We did have
some water in the building on Sunday, but it wasn't too bad. And I think that's
when we'll get the water, is when it rains very heavily like that, because the holds
they can't repair are the ones under the ballast rock (??) and it'll just come in, so -
Kubby/ We've been lucky it's been so dry, for this one purpose anyway.
Craig/ Right. And I was there when this roof was put on, just let me tell you.
Kubby/ You want a piece of it?
Lelm~an/ You want a piece of it?
Craig/ We thought that we would sell the rocks, because they're more attractive than the
membrane, and maybe we could give a bargain, you lmow, a piece of the Rec
Center floor and a jar of rocks from the Library roof.
Thornberry/ I don't lmow of a flat roof that didn't leak, though.
Nov/ We can start to sell them at $5 each, or two for $7.
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Norton/ There we go.
Thornberry/ Yeah.
Kubby/ Got to move on this one.
Nov/ Okay. Roll call- (yes). Okay, and this will be on the August 13th 8:00 a.m.
agenda.
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July 29, 1997 City of Iowa City Page 12
ITEM NO. 12.
PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF
COST FOR THE REMOVAL AND REPLACEMENT OF THE ROOF AND
INSULATION ON THE CIVIC CENTER ESTABLISHING AMOUNT OF BID
SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO
PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR
RECEIPT OF BIDS.
Comment: Over the past few years~ leakage problems with the older
sections of the. Civic Center roo~)~ have occurred with increasing
frequency. A recent assessment reve~led 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 925,000 to 985,000; the total estimated cost for all four
sections is 9224,000. Funding will be from General Obligation Bond
proceeds.
a. PUBLIC HEARING
Action: '~ ~ -~~~---~.
ITEM NO. 13.
b.....C,O.N..S.!D~ER ,.A.RESOLUTION APPROVING
PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF
COST FOR CONSTRUCTION OF THE WILLOW CREEK TRAIL, PHASE I
PROJECT, MORMON TREK TO GALWAY HILLS, ESTABLISHING
AMOUNT-OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING
CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND
PLACE FOR RECEIPT OF BIDS.- --
Comment: Phase I of the Willow Creek Trail Project consists of
constructing a l O-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 9211,000.00 to be
funded by existing General Obligation Bonds.
a. PUBLIC HEARING
Action:
b. CONSIDER A RESOLUTION APPROVING
Action:
#12 page 1
ITEM NO. 12 PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATE OF COST FOR THE REMOVAL AND REPLACEMENT OF THE
ROOF AND INSULATION OF THE CIVIC CENTER ESTABLISHING
AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING
CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME
AND PLACE FOR RECEIPT OF BIDS.
a. PUBLIC HEARING
Nov/ (Reads agenda item #12). P.h. is open. P.h. is closed.
b. CONSIDER A RESOLUTION APPROVING
Lehman/ Move consideration of this resolution.
Thomberry/ Second.
Nov/ Moved by Lehman, seconded by Thornberry. Are we going to do this roof in the
same system as the library, are we going to be able to get a discount on the
bidding together, or how's this going to work?
Atkins/ Whether the discount will occur or not, I couldn't tell you. I'm assuming you'll
get the same contractors bidding with these projects occurring at the same time.
Nov/ I was hoping for quantity.
Thomberry/ You wanted a discount (can't understand)
Nov/ No quantity discount?
Darrell Smith/ Darrell Smith of Van Winkle-Jacob Engineering. We've got the two
different bid dates. This roof's going to be -
Thornberry/ Later.
Smith/ Bid a week later, so, you could get two different contractors pretty easily.
Nov/ Okay.
Lehman/ But the library is one of immediacy -
Smith/ Right.
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Lelunan/ Whereas this one -
Smith/ Right, right. Yeah, I was contacted back in February/march for this roof here, so.
Lehman/ Right.
Nov/ Thank you. This is going to be on the next regular meeting August 26th. Any
other discussion? Roll call- (yes). Resolution is approved.
Kubby/ Excuse me, Naomi, I have a process question about having p.h.'s and then
resolution, and they all seem to be on specifications. I know that we had asked
about this awhile back, and in looking at the next issue which is kind of a big
project. We're looking at road issues for example, First Avenue extended, have
we been doing it this way, where even a road would need a p.h. and a vote, lately?
I mean, I know this is a change from even eight months ago.
Atkins/ You have a p.h. and then the resolution can be considered, from my
understanding. If it comes to a p.h. and someone objects, or wishes to change,
then you're not obligated, assuming that everything is okay, it affords you an
opportunity to vote right on the spot.
Kubby/ Right. Although, I don't know what caused the change in process.
Nov/ Karen, I don't believe we've changed the process. We changed the way it's printed
in the agenda.
Norton/ The format's changed.
Kubby/ Then it's not two separate items.
Nov/ Now it's not 12 followed by 13, it's 12a followed by 12b.
Kubby/ Okay. I just don't remember, on big projects like roads, because part of the p.h.
is that we have two weeks in between, not for anyone who comes to the meeting
and has questions or concerns, but that it's just out there in the public. Notice of
p.h. then there's the consent calendar, then the p.h., and people see that on
television, or they read it in the minutes, and then two weeks later, I mean that's
one thing that we could do on items that are larger projects, or that seem to
warrant the longer process. It's one way to let the general public know about
something. Without there having to be someone here to say hey, don't vote on
this tonight.
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F072997
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Nov/ There have been discussion at City Council meetings, and items in the newspaper
about these kinds of things, not necessarily the fact that the p.h. was set, but the
fact that we discussed the need for this road, or the need for a trail, and we're
planning to do it. Those kinds of things have been well-publicized.
Kubby/ Well, that assumes that people get the paper, read the paper.
Nov/ Or the radio, or whatever, right.
Thornberry/ It brings up another point, Karen, as far as notification and seeing it on TV.
Those that don't have cable TV don't get public access to this meeting.
Kubby/ That's right.
Thornberry/Which is -
Kubby/ I don't see that we could -
Thornberry/ Which is really not public access if you have to pay for cable.
Nov/ Well-
Thornberry/ Just a thought.
Nov/ Well-
Thornberry/ (Can't hear) in writing from a lady who said -
Norton/ Yeah, we got it.
Nov/ Yeah, we all got it, and I did answer it. Best we can do for her. Okay, are we
ready to move on?
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F072997
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ITEM NO. 13 PLANS, SPECIFICATION, FORM OF CONTRACT, AND ESTIMATE
OF COST FOR CONSTRUCTION OF THE WILLOW CREEK TRAIL, PHASE
I PROJECT, MORMON TREK TO GALWAY HILLS, ESTABLISHING
AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING
CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME
AND PLACE FOR RECEIPT OF BIDS.
a. PUBLIC HEARING
Nov/ (Reads agenda item #13). P.h. is open.
Kubby/ I have a design question. Most of the trails we've been doing have been 8-foot.
Is there a reason, is it the potential of so much use of this because of West High
and the density of development that it warrants a 10-foot instead of an 8-foot?
Thomberry/ (Can't understand)
Rob Winstead/ I believe that our newer design standard for trails is ten feet, and I'm not
sure if AASHTO requirements state a 10-foot trail or not, I don't recall that.
Thornberry/ What's AASHTO?
Winstead/ What's AASHTO? That's the Agency that puts forth design guidelines that
we try to follow.
Nov/ And one of the guidelines that caused us to think about wider trails was the ability
for two electric wheelchairs to pass each other. And we wanted to encourage the
use for people in wheelchairs if they wanted to use it.
Kubby/So when the trail is indeed a sidewalk, we're going 8-foot on our arterial streets,
but when we're doing a trail that is not associated with a sidewalk, we're going
10-foot.
Winstead/ I believe that's how we've set that up.
Norton/ This is Phase I, what's Phase II?
Winstead/ I believe, in the future, this trail can be extended even farther west -
Norton/ Further west (can't understand)
Winstead/ I suppose there could be connections east through Willow Creek Park, also.
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Norton/ That's what I was wondering, is that where the next spot is likely?
Winstead/ We've just done this first Phase, and I'm not sure which direction would be
next. It would kind of depend on what guidance you would give us at that time.
Nov/ We talked about the potential of going under Highway 218 also someday.
Winstead/ Yes.
Kubby/ That'd be to the west.
Norton/ But going east is also important, I mean that's where the action is going to be,
not in the west, so I'd think you'd want to go east more easily.
Nov/ And Willow Creek Park is certainly a reasonable way to go.
Vanderhoef/ Well, and off of this, it's also going to go south, and doesn't that need to go
down -
Norton/ Yes.
Vanderhoef/ And go down to Rohret Road which makes the connection that we need to
go across on Bartlett Road to get to the west.
Norton/ All I'm asking about is, in principle, where is our overall trail projection
scheme, do we have that?
Vanderhoef/ That's available, as I understand it, from Parks and Recreation, that there's
a, it's been adopted as their desired trails, and they work all the time with
Engineering to -
Norton/ Okay.
Vanderhoef/ To look at any kinds of activities that are going on any time in the Public
Works -
Norton/ Well, I just need to look at those sets of plans, so that each of these pieces fits
into some giant, long-term puzzle.
Vanderhoef/ Yeah. I have put the puzzle together -
Norton/ I'm sure you did.
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Vanderhoef/ And I have sort of a mental picture.
Norton/Okay.
Nov/ A couple of years ago, we were talking about this trail from West High going north
along Mormon Trek towards Coralville.
Norton/ Yeah, I remember.
Thornberry/ A question on the construction, etc., on this trail. This is a 10-foot wide
asphalt trail with no curbs.
Winstead/ That's correct.
Thornberry/ Just laid out in, you just throw down like some, is it like Chipcrete?
Winstead/ Well, the trail is -
Thornberry/ I don't mean Chipcrete, I mean Chipseal.
Norton/ Chipseal.
Winstead/ Chipseal. Well, it's an asphalt treated base, which is like when we use
concrete, we pave on rock. It'd be comparable to that. And then we put a surface
course of asphalt on that. And it's not Gypseal, it is asphalt.
Thornberry/ Hot asphalt?
Winstead/ Yes.
Thornberry/ Okay.
Nov/ Would it be similar to what goes from Crandic park to Coralville? That's some
kind of asphalt.
Winstead/ I guess I can't answer that, I'm not sure.
Norton/ Thomas Street project.
Thornberry/ They're comparable, I suppose.
??/ Same as the (can't understand) project.
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Winstead/ Yes. Our overlay project, the surface project on those streets.
Thornberry/ And, this goes through property that we're going to have to condemn, is that
correct?
Winstead/ That's apossibility.
Thornberry/ And this condemnation is not a voluntary condemnation, condemnation for
tax purposes, which I can live with, because some people want us to condemn,
they would like to have it go through their thing, and they would like us to
condemn it for tax purposes. And I can understand that. But if they, and I think I
asked this last night, if there were any involuntary condemnation, I believe it was
an affirmative answer. Is that correct?
Winstead/ We're still negotiating with one of the property owners for this project, and it
was just our inclination it may be heading this way, based on the progress, or lack
thereof, with them, considering we started discussing this with them last
September.
Thornberry/ Yeah.
Nov/ We really don't lmow yet. We could perhaps say yes, because it isn't definite.
Winstead/ That is correct. We're still negotiating.
Thomberry/ This is going to be a proposal to approve this resolution, and I won't be able
to support this resolution for the two reasons that I spoke of last night. One is the
involuntary condemnation, if that is actual. And also that this trail is costing, for
the number of people that will be using this trail, to walk around on, $61 a linear
foot, $211,000 for 3,450 feet, if my math's correct, is $61/foot for-- I just don't
think it's worth it.
Vanderhoef/ Well, this is also something when you talk about the traffic on it, this is the
trail that creates the connection to West High that we just a few weeks ago
approved the PIN Grants because the neighborhood groups in that whole area out
there chose to consolidate their grant monies to provide that trail so it goes up
there on the High School grounds, on a back way for the students to get to the
school without going to Mormon Trek or to Melrose, which are both highly busy
streets.
Thornberry/Yeah. We're going to be ~
Vanderhoef/ I'm going to support this in that it is a, it's going to be a highly used trail.
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Thornberry/ Highly used by what percentage -
Kubby/ Are we going to come back to (can't understand)
Thomberry/ Of the population? Dee, it's going to be less than one percent of the
population, and everyone's going to be paying for it with no user fees, at
$61/linear foot for a trail, we're going to have trails all over this town. We're
going to have billions and billions of dollars in trails.
Kubby/ That's a mis-characterization again, Mr. Thornberry.
Norton/ The idea is to get people on their bikes. Get them on their bikes.
Thomberry/ Millions and millions right away.
Norton/ Get those bikes off Melrose and Mormon Trek and get them back behind there.
Vanderhoef/ Yeah.
Nov/ This is hopefully going to attract the students to West High to not use the heavily
traveled streets. That would be safer.
Kubby/ If we, if negotiations aren't successful, do you need to condemn and come back
to us with that decision?
Winstead/ Yes, we will normally notify you through Steve if we get to that point. I just
thought it would be something that I should bring up last night at the work
session, so you lmew exactly where we stood.
Kubby/ Okay.
Baker/ Can I ask you -
Kubby/ Good luck in that negotiation.
Baker/ Being that I've actually got my son's pocket calculator, and actually got the same
$61 figure, that seems like a lot of money to, not the $211,000, but the $61 per
foot. Is that comparable to a regular street paving cost? I mean this $61, is that
typical or -- I don't know what to compare that to.
Winstead/ Well, I've broken down a street project into per-foot costs, and Kirkwood
Avenue was about $280/foot, that was some years ago.
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Kubby/ Talk about bangs for your buck on a high traffic area.
Winstead/ Rolxret Road was about $250.
Thornberry/Larry, you can't, you can't -
Baker/ I'm not -
Thornberry/ Apples to, apples to apples here, you can't do, say a street is this much per
foot and a gyp- a blacktop trail is, they're not even the same thing. You're not
even talking sidewalk to trail.
Nov/ We're talking about asphalt. Asphalt is asphalt. We're resurfacing all the time.
Thornberry/ A street is a little wider than a trail, Naomi.
Nov/ We're talking about $6.10 a square foot.
Thornberry/ A trail is a little wider, a little narrower than a street.
Nov/ $6.10 per square foot.
Thornberry/ Square foot, it's linear feet.
Nov/ Yeah, but it's 10 feet wide.
Kubby/ But the other thing that is helpful in that comparison are community documents
saying that we currently have 3% of the population commuting by bikes and our
community goal is to make it 10%. And how you do that if you make safe,
convenient connections for people. And so, if we meet our goal of 10%, then
that's a really great, even if we do that for eight months out of the year, even six
months out of the year, that's a very good investment if we can reach that goal.
And you can't do it without the infrastructure.
Thornberry/ It'd be a lot more helpful if there were user fees connected to it, like there
are on other projects.
Baker/ Well-
Norton/ What do you mean?
Thornberry/ Streets are paid for by gasoline sales.
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Norton/ Well, that's all right (can't understand).
Thornberry/ Trails are not.
Norton/ But see, people, for example, from, you're going to have a lot more people
driving from Walden Hills area, the trail will be accessible to them, to a
community shopping area. It just seems to me to be reasonable.
Thornberry/ Well, I wish we had user fees for sidewalks.
Kubby/ (Can't understand) Neighborhood Commercial zone.
Norton/ Right.
Lehman/ Well, I guess I probably do not necessarily endorse all trail projects, this trail
around West High School, to me, is one that really, if it talces kids off of Melrose
and off of Rohret, and gets them to the school, I think that's money very, very
well spent. And I really think this one's going to get a lot more use than other
trails that we're contemplating.
Thornberry/ I see.
Lehman/ So I really will support this.
Thornberry/ I hope it does.
Lehman/ I do too.
Thornberry/ I hope it does get a lot of use. Because to condemn someone's property for
a trail, that does not want it condemned -
Nov/ We really don't know -
Norton/ We'll find out (can't understand)
Nov/ That it'll need to be condemned. So let's not state it as if it'll happen.
Thornberry/ Well, we were told last night that it was.
Council/ No, we weren't.
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Nov/ We were told that it could happen.
quite different.
That's quite different. It may happen. That's
Norton/ When you get into those things, you'd be held hostage by a lot of folks. You've
got to figure a logic here. They want it, you've got to get it. Okay.
Nov/Okay. We need a motion.
Vanderhoef/ So moved.
Baker/ Second.
Nov/ Moved by Vanderhoef, seconded by Baker. Roll call- (yes; Thomberry, no). We
have approved this on a 6-1 vote, Thomberry voting no.
Thomberry/ For very good reasons.
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F072997
July 29, 1997
ITEM NO.-14.
ITEM NO. 15.
3'7 c~ 7
City of Iowa City
Page 13
CONSIDER AN ORDINANCE AMENDING CITY CODE TITLE 1, ENTITLED
"ADMINISTRATION," CHAPTER 5, ENTITLED "MAYOR AND CITY
COUNCIL," TO CHANGE THE COMPENSATION AND REVIEW PROCESS
FOR CITY COUNCIL MEMBERS AND THE MAYOR.
(FIRST CONSIDERATION) ...... · ·
Comment: At their February 10, 1997, budget discussion, the City
Council agreed to a $500 salary increase per Council Member and a
81000 salary increase for the Mayor. The increases were incorporated
into the FY98 Budget approved in March. State Code requires Council
increases be officially acted upon by ordinance. This ordinance will be
effective January 1, 1998.
/~/~ ~'I
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 ADJUSTMENTS TO CITY UTILITY ACCOUNTS FOR
INCORRECT BILLINGS; _TO WAIVE PAYMENT_... FOR CERTAIN SOLID
WASTE/RECYCLING SERVICES; AND, TO AMEND THE CITY CODE
PROVISION CONCERNING THE ESTABLISHMENT-OF-CITY UTILITY
ACCOUNTS TO ELIMINATE THE REQUIREMENT OF A WRITTEN
AGREEMENT. {SECOND 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 p_rovides for waiver of payment of solid
waste/recycling collection services that were provided to Iowa City
households but not billed for due to incomp!ete billing information when
the failure to bill is discovered by the City on or before July 1, 1997.
Finally, the ordinance eliminates the requirement that a person
establishing a City utility account execute a written agreement, because
the process of obtaining a written agreement from each customer and
implementing a record retention system for said agreements is time
consuming and expensive. '
Action: 7~,~///b~ /(//~/_~4~--e_&~_~/
#14 page 1
ITEM NO. 14 CONSIDER AN ORDINANCE AMENDING CITY CODE TITLE 1,
ENTITLED "ADMINISTRATION," CHAPTER 5, ENTITLED "MAYOR AND
CITY COUNCIL," TO CHANGE THE COMPENSATION AND REVIEW
PROCESS FOR CITY COUNCIL MEMBERS AND THE MAYOR. (FIRST
CONSIDERATION)
Nov/ (Reads agenda item #14). That's not correct, I thought it was $5,000 for
everybody.
Kubby/ It's $1,000 over what the Council members make is what the Mayor will make.
That comment's incorrect.
Nov/ Okay.
Kubby/According to the ordinance there.
Nov/ It's approximately a $500 increase for all that was done, and for the Mayor, the
$1,000 difference in salary will remain constant.
Norton/ Right. That's good, yeah.
Nov/ (Continues reading agenda item #14).
Kubby/ Move first consideration.
Lehman/ Second.
Nov/ Moved by Kubby, seconded by Lehman. Discussion?
Kubby/ Tlfis is long, long overdue. Darrell Courthey was someone who talked about this
every other year, which is when a Council member could bring this up, and he
was saying that we should do incremental increases so that we don't need to do
huge increases. I personally don't think this increase is enough, but I'm glad that
there are four people willing to agree to it so that we can get this ball rolling, to
make this token compensation a bigger token. It is still a token in my mind, but
it's a bigger token.
??/ That's four tokens.
Norton/ Does this include an automatic feature, does this ordinance include the automatic
feature?
Karr/ We can't, by law, do it automatically. It'll take effect January 1, of 1998.
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F072997
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Nov/ And it will be proposed that the -
Kubby/ Staff will bring it to our attention.
Nov/ I was going to say, the COLA equivalent will be proposed at each City Budget, and
the City Council will approve it or not.
Norton/ Well, that's -
Karr/ Every two years.
Kubby/ Every other year.
Karr/ Every other year, because by state code, you cannot, the City Council cannot give
themselves a raise.
Norton/ Whenever there's a turnover, in other words. Okay.
Karr/ Election.
Nov/ In the year that there is a City election.
Norton/ That's the even years.
Nov/ And then the other years, there would be no increase. Okay.
Kubby/But the increase will include COLA for both years.
Karr/ Yes.
Baker/ I see we're about to lose our audience for the 10:00 news, so I'd better get this in,
in case any possible opponent is listening. I also think this is long overdue, which
is not enough, but it is a beginning. It has been ten years since the Council had a
raise. The difference in the work required of this Council and previous Councils
and future Councils is significant. And I don't think anybody that supports this
has anything to be ashamed of or apologize for.
Nov/ Any other discussion?
Lehman/ Can we vote unashamedly?
Baker/ Unashamedly, let's vote.
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Kubby/ And not at midnight.
Thornberry/I will be voting against this amendment, so. And my reasoning is, public
service to the community versus a job. I don't consider this a job, and if you
want, it's community service.
Lehman/ You know, Dean, you might be able to apply for some sort of assistance,
because this is below the normal earning level. We've got all kinds of programs
you might qualify for.
Thornbeau-y/ It's below minimum wage, I ought to sue the City.
Kubby/ But there's a very serious, this is very serious to me because, when you look at
who's up here, there are people who own their own businesses, the majority of us
are people who own our own businesses and live a certain ldnd of lifestyle that
allows us flexibility to be here because of the way we're either retired, or the kind
of jobs we have, and the way we live our lives. Larry's the only person with
children. There are two adults in that household, there's not a single parent here.
This money helps compensate for those things, so that people can afford child
care, and can afford transportation, that we can because of our choices in life and
our positions. We're a privileged group of people up here. And I think that by
talking about raise increases, it allows more people to realistically put in the time
for community service, to serve this community.
Baker/ It does seem that -
Nov/ I don't lmow that we can even get to that point.
Baker/ There's two options here.
Kubby/I don't want to make it a full-time salary, I'm trying to compensate for some of
the costs that it encourages. Take time off of work if you're working for someone
else -
Baker/
If you accept the premise that it's a position that should be compensated, then
what you want is fair compensation. Now, you can argue, I think reasonably, that
it's a public service job, and you could advocate no salary, but then we could
debate that. But if you accept the premise that it's compensation for the
responsibility and the time involved, this is long overdue.
Lehman/ Can we vote?
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#14 page 4
Baker/Let's vote.
Nov/ Okay. Roll call- (yes; Thomberry, no). We have passed first consideration of this
ordinance on a 6-1 vote, Thomberry voting no.
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F072997
July 29, 1997
ITEM NO. 16.
ITEM NO. 17.
City of Iowa City
Page 14
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." (SECOND CONSIDERATION)
Comment: Section 14-51-12 currently provides: "Erosion control
measures shall be designed in conformance with the standards found in
the Iowa Construction Site Erosion Control 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.
Action: ~~~'/2~'~'~/-' ~'~~' ~
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. (SECOND CONSIDERATION)
Comment: Currentl.y all violations of animal control regulations may be
prosecuted a~ either a simple misdemeanor or a municipal infraction. A
simple misdemeanor results in a minimum $50.00 fine plus court costs
(an additional $40,00). A first offense municipal infraction results in a
$75.00 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 $100.00
fine and/or thirty (30) days in jail), and-would continue to do so in more
egregious cases,
Action: ~/~-~/~ ~4y..)
,%
#16 page 1
ITEM NO. 16 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." (SECOND
CONSIDERATION)
Nov/ (Reads agenda item #16).
Norton/Move adoption, or second consideration.
Kubby/ Second.
Vanderhoef/ I'd like to waive this (can't hear)
Thornberry/ I have a question, then I had a question on the first time we passed this.
That information is going to be back as to who is responsible for this after the
project was completed.
Dilkes/ I think there's a memo in there.
Nov/ Look back in there.
Dilkes/ It was a short one.
Thomberry/ Okay.
Nov/ Let's clarify that out loud. That is a valid question that we brought up last time.
We spent a little time -
Dilkes/ I think what Julie's memo says is that the owner is the responsible party, and that
the obligation ends once permanent ground-cover is established.
Nov/
So if this developer owns six lots and individual families own the other six, the
owner, meaning the individual family, is responsible for part of the developer's
project.
Thornberry/ Once they accept control of the project, they're responsible for it.
Nov/ Correct.
Dilkes/ The owner is going to be responsible if permanent ground-cover is established
prior to the time that the individual owner owns, they're not going to have any
responsibility.
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Thornberry/ Thank you. Okay, I'm comfortable with that.
Nov/ Are people willing to collapse?
Kubby/ I think there's valid reason for it.
Vanderhoef/ I move that the rule requiring that ordinances be considered and voted on at
two Council meetings prior to the meeting at which it is to be finally passed, be
suspended, that the second consideration and vote be waived, and that the
ordinance be voted on for final passage at this time.
Kubby/ Second.
Nov/ Moved by Vanderhoef, seconded by Kubby?
Kubby/ Sure.
Nov/ Okay, wow. Is there any discussion? Roll call- (yes).
Vanderhoef/ I move that the ordinance be finally adopted at this time.
Thornberry/ Second.
Nov/ Moved by Vanderhoef, seconded by Thornberry, that we do the final adoption at
this time. Any discussion? Roll call- (yes). We have adopted the ordinance.
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ITEM NO. 17 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. (SECOND CONSIDERATION)
Nov/(Reads agenda item #17).
Kubby/ Move second consideration.
Norton/ Second.
Baker/ Any interest in collapsing readings on this?
Thornberry/ I think that these penalties are way too high. I'll be voting against this
ordinance.
Norton/Wait a minute (can't understand).
Baker/ What about collapsing the readings?
Thornberry/ I would reduce the amount of-
Norton/ It'll be reduced by ten bucks.
Kubby/ (Can't understand) this ordinance, it'll remain at $90, minimum.
Thornberry/ It'll reduce -- will staff even believe in smaller fines for many violations?
Norton/ That's what they're doing.
Kubby/ That's what we're doing.
Norton/ They'll go down to $10.
Nov/ This will give us a minimum fine orS10 if we pass this ordinance.
Thornberry/ $90 for a simple misdemeanor.
Dilkes/Well, we don't have any control over this, what the fines are for simple
misdemeanors. So what this does is allow us to charge it as a municipal
infraction, and allow us to set a lower fine.
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Thornberry/ Municipal infraction is $75 plus court costs.
Nov/ That's what we have now. We're going to change it. We're going to make it lower.
Norton/ Put it down to $10, Dean.
Dilkes/ First offense is $10 under this ordinance. Second offense is -
Thornberry/ I rmderstand.
Norton/ That's what we're doing.
Thornberry/ That's what we want.
Nov/ All right. Eleanor, Eleanor, read the list.
Norton/ The intent is $40 -
Thomberry/ I'll give you ten.
Norton/ (Can't understand)
Thomberry/ That's exactly why I'm voting for this ordinance.
Norton/ There you go, Dean, now you've got it.
Dilkes/ First offense $10, second offense $20, third offense, $50, fourth and subsequent
$100.
Nov/ Okay? So you only get the $100 if you continually let your dogs run loose, or
other violations of the code.
Lehman/Or if it's a big dog.
Norton/ Or a fifteen-foot leash.
Thornberry/ We're going to have to talk about that leash.
Norton/ No.
Thornberry/ At a later date.
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Nov/ At a later date. Much later than now. Now, is anyone interested in collapsing the
readings.
Thornberry/ Larry's interested in collapsing the readings.
Vanderhoef/ I am.
Norton/ Okay, let's do it.
Nov/ Larry Baker is interested. He's holding his green card.
Thornberry/ You've got your green card?
Baker/ That's right, and it's going to be suspended here. I move that the rule requiring
that ordinances be considered and voted on at two Council meetings prior to the
meeting at which it is to be finally passed, be suspended, that the second
consideration and vote be waived, and that the ordinance be voted on for final
passage at this time.
Lehman/ Second.
Nov/ Okay, moved by Baker, seconded by Lehman that we waive second consideration
at this time. Roll call- (yes; Kubby, no). Okay.
Baker/ I move that the ordinance be finally adopted at this time.
Norton/ Second.
Nov/ Moved by Baker, seconded by Norton ~
Thornberry/ Thirded by Norton.
Nov/ Was that Norton? Okay.
Kubby/ Were there any other thoughts about avoiding court time and court costs for
these kinds of charges? We talked about that once.
Dilkes/ We are in the process of trying to establish, and I think Dennis has actually
talked to some of the court personnel about trying to establish a way where we
can avoid the court time. We cannot avoid the court costs.
Kubby/ If we can avoid time, that would be a step -
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Dilkes/ Yeah. Because court costs are just a part of any ticket you get, whether you
appear or not. And we need to, I mean there's costs associated with running the
COUrt, SO.
Nov/ So we could provide a maiMn envelope if the court will agree to it?
Dilkes/ That is what Dennis is in the process of doing, and we thought we'd bring that
back to you as soon as we -
Kubby/ Thanks.
Nov/ Thanks. Any other discussion? Roll call- (yes). We have adopted this ordinance.
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ITEM NO. 18.
City of Iowa City
Page 15
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. (PASS AND ADOPT)
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.
Action: ~~/
ITEM NO. 19.
ITEM NO. 20.
CONSIDER AN ORDINANCE REGARDING CONTROL OF GRAFFITI AND
REQUIRING REMOVAL OF GRAFFITI VANDALISM FROM PRIVATE
PROPERTY. (PASS AND ADOPT)
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.
Action: ~,/'~/.~ -,~~/~j
CONSIDER A RESOLUTION AUTHORIZING THE ACQUISITION OF
TEMPORARY CONSTRUCTION EASEMENTS FOR THE CONSTRUCTION
OF THE SHAMROCK/ARBOR CULVERT ENTRANCE IMPROVEMENT
PROJECT.
Comment: This resolution authorizes staff to obtain temporary
construction easements for construction of the Culvert Entrance
Improvement Project at Shamrock Drive.and Arbor Drive.
Action:
#19 Page 1
ITEM NO. 19 CONSIDER AN ORDINANCE REGARDING CONTROL OF
GRAFFITI AND REQUIRING REMOVAL OF GRAFFITI VANDALISM
FROM PRIVATE PROPERTY. (PASS AND ADOPT)
Nov/ (Reads agenda item #19).
Vanderhoef/ Move adoption of the resolution.
Kubby/ Second.
Nov/ Moved by Vanderhoe£, seconded by Kubby. Discussion?
Baker/ A quick question. How are out of town property owners officially notified? I
mean, it's not regular mail, is it registered?
Atkins/ I'm assuming it would be registered.
Kubby/ I'll have to look at the ordinance.
Thornberry/ What is "sufficient"?
Kubby/ That's outlined in the ordinance, in terms of days and the manner (can't hear).
Dilkes/ The ordinance says notice shall be in written form, and provides for seven-day
notice.
Thornberry/ I don't like the registered requirement.
Dilkes/ The registered mail really doesn't, it's not calculated to provide better notice, it's
just calculated to provide you with evidence that you sent it.
Baker/ Yeah. That was my concern.
Atkins/ Now, there's no guarantee of speed. Registered mail is just regular mail except
there's a record of that mail.
Thornberry/ The notice to evict goes through regular mail.
Dilkes/ Yeah, it would be, ordinary notice by regular I would think would be sufficient.
We would probably send it by certified mail just so that we have evidence that we
sent it.
Baker/ All right, thank you.
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Nov/ Okay. Roll call- (yes). We have adopted the ordinance.
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July 29, 1997 City of Iowa City Page 16
ITEM NO. 21.
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
TEMPORARY 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... Dgbu_que 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
sidewalk 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 it is expected to be
finished no later than September 2000. Approval of this agreement does
not signify approval of a skywalk. Consideration deferred from July 15.
ITEM NO. 22. CONSIDER A RESOLUTION AMENDING A BUDGETED POSITION IN THE
~L/~'5. ~ ........... PO~i'(~'-D~.R'TMENTBY'ADDING i~-NE POLICE OF~I'CER~
Comment: The Police Department was awarded $54,143 to fund a
position for a Domestic Violence Investigator. The award covers the cost
of salary and benefits for one officer for one year. The grant can be
requested in future years. The Police Department will apply for the grant
in future fiscal years.
#22 Page 1
ITEM NO. 22 CONSIDER A RESOLUTION AMENDING A BUDGETED POSITION
IN THE POLICE DEPARTMENT BY ADDING ONE POLICE OFFICER.
Nov/ (Reads agenda item #22).
Thornberry/ Move to adopt the resolution.
Kubby/ Second.
Nov/ Moved by Thornberry, seconded by Kubby. Discussion?
Lehman/ If we apply for the grant in future years, and are unsuccessful in receiving the
grant, this will then be done with General -
Atkins/ Yes.
Lel:nr~an/ General Expenses.
Atkins/ If you continue -
Kubby/ If you continue with the program.
Lehman/Right, yeah.
Norton/ But the way you would appoint somebody, it wouldn't be temporary, would it?
Atkins/ We create a new position. We fill the new position. If this grant would go away,
then we have to make a decision if we keep that position on board.
Kubby/ It's part of a larger program, where a grant was written for a Social Worker -
Norton/ Right.
Kubby/ And one other position I can't remember.
Norton/ A prosecutor.
Nov/ It was a prosecutor.
Kubby/ A prosecutor in the County Attorney's Office.
Nov/ It was the County Attorney, the Police Department, and DVIP. It was a three-way
grant.
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Norton/But they didn't get the Social Worker part of that grant, did we?
Atkins/ No, they didn't.
Kubby/ They're working on -
Nov/ They're still working on that.
Norton/ Sounds like they need that component.
Atkins/ The idea was to put all three together. It was disappointing. We still feel
strongly that we could put in a good dent with the two.
Nov/ Okay. Roll call- (yes). We have approved the resolution.
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July 29, 1997 City of Iowa City Page 17
ITEM NO, 23,
97- fi
CONSIDER A RESOLUTION AUTHORIZING APPLICATION FOR A DRUG
ELIMINATION GRANT IN PARTNERSHIP WITH THE MAYOR'S YOUTH
PROGRAM,
Comment: The Iowa City Housing Authority, in partnership with the
Mayor's Youth Employment Program, plans to apply for up to 950,000
through the HUD Drug Elimination Program. The Drug Elimination Grant
will be used to support employment training for youth residing in public
.... .':_ ......................h.O_u. sing: In addition, young people in. p.u_b!i..c__h_.ous..!n_g.~will be offered the
opportunity to participate in "Project Wheel." Project Wheel teaches
youth about health, nutrition, exercise, bicycle repair and/or maintenance,
and team building. Other groups involved with this program include the
Iowa City Police Department, Bicyclists of Iowa City, and the Iowa
City/Coralville Jaycees. Staff recommends approval of this resolution.
Included in the packet is a memorandum from Diane Hagarty to Maggie
Grosvenor further explaining the proposal.
Action:
ITEM NO, 24,
CONSIDER 'A RESOLUTION AUTHORIZING THE CITY OF IOWA CITY TO
ENTER INTO AGREEMENTS WITH PROPERTY OWNERS FOR THE
INSTALLATION AND MAINTENANCE OF LIGHTING IN ALLEYWAYS IN
THE DO_W. NTOWN BUSINES.S_D.I~_T.__R!_C_T.,_
CO'r~mefit: --City staffwa~'"[lii'ecl~ed-'tO"'e~ldre poS~il~ilities for increasing
lighting"i-n' alleyways near City Plaza. Because there are no utility poles in
the alleys, City staff contacted property owners about the possibility of
mounting the light fixtures, electrical conduit, electrical services, etc. on
the abutting buildings. This Resolution authorizes the City to enter into
Agreements with property owners who are agreeable to having light
fixtures, etc. mounted on their buildings. All installation and maintenance
costs, including ongoing electrical costs, will be paid the City.
Action: ~ ~~, f/ ~)'~-~,.~
#24 Page 1
ITEM NO. 24 CONSIDER A RESOLUTION AUTHORIZING THE CITY OF IOWA
CITY TO ENTER INTO AGREEMENTS WITH PROPERTY OWNERS FOR
THE INSTALLATION AND MAINTENANCE OF LIGHTING IN
ALLEYWAYS IN THE DOWNTOWN BUSINESS DISTRICT.
Nov/ (Reads agenda item #24).
Thornberry/ Move adoption of the resolution.
Norton/ Second.
Nov/ Moved by Thornberry, seconded by Norton. Discussion?
Lehman/ I think this is a great idea.
Norton/ Good move.
Lehman/ We've got some really, really dark alleys downtown, with no lights at all,
particularly adjacent to the Pedestrian Plaza. I think this is something we really
need, and I think it's kind of telling folks that we're moving along in downtown.
Nov/ And is your building going to be one of the first?
Lehman/ Absolutely. I even sent back the card the same day I got it. I'm really hot on
this, I really think it's something we should be doing.
Norton/ Next, we should get a little greenery in these alleys.
Nov/Greenery in the alleys?
Lehman/ Yeah, and I suppose you'll want (can't understand) down there too.
Norton/ Greenery, you lmow, a little ivy.
Vanderhoef/ How're you going to get that in?
Nov/Well, I would settle for replacing the trees that we took out along Washington
Street. I'll worry next about the alleys. We could put little flower pots in the
alleys.
Norton/ Flower pots, right.
Baker/ Public bathrooms, whichever function they serve.
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??/ They alleys already -
Thomberry/ They have that -
Baker/ (Can't understand) flower pots.
Nov/ Yeah.
Norton/ They're high up.
Nov/ Okay. Roll call- (yes). We have approved the resolution.
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ITEM NO. 25.
ITEM NO. 26.
City of Iowa City
Page18
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND
THE CITY CLERK TO ATTEST AN EXTENSION AGREEMENT FOR FY97
PARATRANSIT SERVICE BETWEEN THE CITY OF IOWA CITY AND
JOHNSON COUNTY.
Comment: This resolution will extend the FY97 Paratransit service
agreement between the City and Johnson County [SEATS] for an
additional month - August 1997. The total cost for the extension is
947,182. Any fare revenues in excess of 92,567 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.
ANNOUNCEMENT OF VACANCIES.
a. Current Vacancies.
(1)
(2)
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
Donoran.) {3 males and 3 females currently serve on this
Commission.)
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 NOo 27. CITY COUNCIL INFORMATION.
ITEM NO. 28.
REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY.
a. City Manager.
#27 Page 1
ITEM NO. 27 CITY COUNCIL INFORMATION
Nov/ Next item is City Council information. We'll start with Mr. Norton.
Norton/ A couple of quick items. I just wanted to note. I know that we got an e-mail, I
think from Susan, Sue Clark -
Atkins/ Yes.
Norton/ About the Rohret Road tree situation, and that's been a concern out there, she
says maybe a hundred trees, but what's the status?
Atkins/ Dennis Mitchell is going to be preparing a memorandum to you. We're still
involved in extensive discussions with the contractor and their attorneys. And I
did send a letter to the bond company, two weeks ago, maybe.
Kubby/ But we do have a warranty on them then?
Atkins/ Oh yes.
Kubby/ I feel they should be replaced.
Atkins/ We believe they should be replaced, the contractor doesn't, and that's where we
are. Dennis will be preparing a memo for us.
Norton/ In connection with that, can we take a look also at the Melrose Avenue
plantings, or-
Atkins/ Yes.
Norton/Or are we happy with those?
Atkins/Not completely.
Norton/ Okay. I have to comment again on what's going to happen with South Gilbert
Street, before I lose another wheel. The railroad crossing on South Gilbert Street.
I have to keep mentioning. You know, heard the president of the railroad say we
were in good touch with this, our staff and so fort, and not much seems to happen.
Thornberry/ You lcnow, Dee, it's getting worse.
Kubby/ It's a lost cause.
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Norton/ It's getting tough.
Thornberry/ The cement is rising or something, but it's getting, it's getting pretty bad.
Norton/ And with the traffic it carries, it's getting to be pretty dangerous, because people
stop rather abruptly.
Thornberry/ Now what they've done is they've put some tar or blacktop or something
from the tracks up to the (can't understand) because it's so high, but it's, the
cement is either continuing to rise, or the tracks are continuing to fall, but it's
getting very, very dangerous.
Kubby/ I think we need to escalate our tactics on this.
Norton/We need to do something.
Kubby/ But just, whatever we're doing is not quite doing it -
Thornberry/ Pretty soon, we'll have to get a bridge.
Lehman/ Let's cut out the tracks and just cement over it.
Thornberry/ Well, don't even have to cut it out.
Kubby/ Well, I don't lmow that I'm even that radical, Ernie, but maybe I'd think about it.
But I don't know, I mean, getting the Mayor involved, talk to the heads of the two
railroads, to say this is something that, I get a lot of calls about railroad tracks, and
I've heard other people say that they're getting a lot of calls.
Norton/ Yeah.
Kubby/ And that we need to do something. Different kind of communication. Whether
that's getting a direct-line phone number, of the heads of the railroads locally and
handing it out to the citizens, or what, I don't lmow what the answer is. But they
need to hear more directly about the problems that it's causing the community,
and that we're not satisfied with their lack of physical response, or requests for
repairs.
Norton/
Atkins/
Norton/
Okay, let's see what happens.
We'll try it again.
Maybe they'll come down and talk to us.
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Nov/ We'll draft a letter, we'll send it again.
Kubby/ I'm thinicing that you make it a personal appointment with him and talk, that
somehow that might be more effective, face to face talking.
Norton/ I'd be happy to go as your representative.
Nov/ Let Dee go. But, I don't believe that it would make a difference. I can do it,
there's no question I can do it, I'm just not sure that it will help. We talked to one
of the railroad administrators at JCCOG. He was not promising.
Norton/ Well, he said we were in great touch. I thinic we -
Nov/ We are in great touch, we communicate regularly.
Norton/ We've got to do something.
Nov/ We just don't repair tracks.
Norton/ Maybe we could be given permission for an emergency repairs ourselves. Say
they just can't do it the way it is.
Nov/ Oh, no, no, no.
Atkins/ We also can't step in and do repair, I mean, that's -
Norton/ On their property.
Atkins/ Well, no, I mean, first of all, going on their property, and secondly, we may have
to reschedule trains, and -
Norton/Is the crossing their property?
Atkins/ Yes.
Nov/ Yes.
Atkins/It's their property, and their funds.
Nov/ Also would set a precedent.
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Kubby/I don't lmow if that would be, do we need to contact our state legislatures about
this, I don't lmow really what the best tactic -
Norton/ Let's work on it.
Kubby/I think we need to do something a little more than what we've done.
Norton/Yeah, let's do something else. I will drop other items in the interest of time.
Kubby/I have one quick one, and one that I don't know if it's quick or not. Just a
reminder to people that I will not be at my office hours this Thursday, July 31 st.
I'll resume my regular weekly office hours August 7th. Thanks. The other issue I
wanted to bring up is that in one of the neighborhood newsletters, there is a
neighborhood concern, in a very specific part of the neighborhood, and I'm very
specifically, not being specific about the neighborhood because it's not what I
want to talk about. What I want to focus on is my concern about, we recognize a
problem in a very small part of a neighborhood that I'm glad that the
neighborhood is gathering together and saying we need to do something, we want
some action, and we want to be, we want to be partly responsible to make sure
that that this problem is resolved. But, balancing that out with making sure that it
is targeted to that section of the neighborhood, and not asking these people to
become suspicious of each other throughout the whole neighborhood, I think we
need to balance those things out. And one of the specific questions I had, and this
may end up being for Eleanor, and there may end up not being and answer
tonight, but in this newsletter, one of the things it's outlining is what probable
cause is for police to search a premise, someone's personal premises, or their
vehicle. And one of them, was games in the street. And I have a real concern
about that, that if people are playing football or dodgeball in the street and if
somebody doesn't recognize everyone who's playing that game, that the people
who are playing that game can have their cars searched by the police?
Norton/ I'm sure that's not what they mean.
Dilkes/ I remember Marcia sent that down to me after it had gone out, and I think it had
been looked at by the Police Department. But, if you want to let me take a look at
it, I can.
Kubby/Yeah, I'll leave this for you. But that one in particular was a big concern to me,
because that's a constructive thing to do, especially if they're on some dead-end
street, or some street where there's not a lot of traffic, I'd rather have people doing
that than other things.
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Dilkes/ As I recall those, I mean, they have to be put in context, in order to make a
determination as to whether it would constitute proper cause or not.
Kubby/ (Can't understand)
Dilkes/ That's my general recollection of that.
Kubby/ I think one of my big things on this is that I want us to balance building
community through neighborhoods, versus, and facilitating neighborhoods being
a part of the solution, when there's a problem in a small section of a
neighborhood, without creating an air of suspicion among the whole
neighborhood. How do we balance all that out. And I don't know how to discuss
that very well.
Norton/ I think this is somewhat like a neighborhood watch, and I'll tell you that you've
got to be careful that it doesn't become neighborhood vigilantism or something
like that, I think that's the concern. Over extra suspicion, reasonable suspicion is
helpful, I think. But trying to balance that is going to be important.
Atkins/ I've talked to some neighbors about that alert, and it was done really at their
request, it was a number of neighbors. I happen to agree with you, Karen, in
hindsight, I think we should've toned that thing down dramatically. I mean, it's -
Kubby/ Let's just think about that for -
Atkins/ I think for future reference -
Kubby/ Hopping on the problem is good. But being, I don't want to say, alarmist isn't
the right word, that's giving off the wrong, but I just, I don't want us to breed an
air of fear when it's not warranted.
Atkins/ I agree.
Kubby/ That's all I have, thanks.
Lehman/ Well, I've got a couple three things. First of all, at some point last spring, we
talked about the possibility of at least considering adding a canine section to our
police department. And if there's interest on the part of the Council, I would like
us to consider that again. Cedar Falls lost two dogs, I think in June, and they're
now in the process of replacing them, and I believe they're having a community
fund drive, where the citizens are actually helping to pay for the dogs. I think
they could be of some value, and if there's any interest on the part of Council, I
would like to talk about it. I don't lmow if anybody else does or not.
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Vanderhoef/ When you say two dogs were lost -
Lehman/ They died.
Thornberry/ They died. You know, age -
Vanderhoef/Just age, I mean there wasn't an incident.
Thomberry/ No, no.
Vanderhoef/ Okay, thank you.
Kubby/ I think after the change in tactics, and continued training more than make up for
(can't understand).
Thornberry/ I think we could probably bring that up for another discussion. It wouldn't
necessarily have to be an attack dog.
Lehman/ Oh, no, I'm not saying -
Thornberry/ But it could be a drug dog, it could be a lot of things. Just having an officer
wallring around with a drug dog, and if he goes crazy when he passes by five
individuals, is that probable cause?
Lehman/ Probably not.
Thomberry/ Whoops, Eleanor time.
Council/ (All talking).
Kubby/ I don't think Ernie meant it in that manner.
Thornberry/ The dog may not actually have probable cause, but -
Council/ (All talking).
Thornberry/ It could be brought up for discussion and, I'm interested in pursuing it also.
Baker/ I just don't think we're at that point that I'd give it very serious consideration.
Vanderhoef/ If we have this discussion, I would say late fall.
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Lehman/ I don't care when -
Vanderhoef/ Just before we head into budget time.
Norton/ Yep.
Vanderhoef/ If you want to take a look at it.
Norton/ With a little dose of realism?
Nov/ I hear three, do I hear four?
Norton/ I don't want to discuss it before the fall. I hardly even want to discuss it, but I
guess I don't want to truncate discussion altogether.
Thornberry/ Well, (can't understand) a longer leash (can't understand).
Norton/ Well, but you lmow, we're into money things. I'll discuss it, but I'm not making
any promises. I'm not happy with dogs.
Nov/ Think about it when you think about the budget. Well do some numbers, we'll
discuss it.
Lehman/ Okay. Two weeks ago tonight, we passed a resolution whereby we told the
City staff to commence with the final drawings, engineering, and putting out for
bid, the trail from Burlington Street to Napoleon Park. At that time, I indicated
that I really had some interest in seeing that staged. Not necessarily being all in
one contract. And as we all lmow, there was a significant amount oflSTEA
money involved in that, which required a small, relatively small, match by the
City of Iowa City. I would like to see us ask that we receive a bid from Highway
6 or Benton Street to Napoleon Park, that section of the trail, I think is a priority,
when compared with the section along Riverside Drive. Also, I think it will serve
kids who tend to use Napoleon Park, hopefully will keep kids off of Sand Road on
their bicycles. The Riverside Drive section is much more expensive, per foot or
whatever, and I would like to see that set back, I'm not saying we eliminate it, I'm
just saying that we set it back. Do this in at least two segments, and bid only that
southern portion. The other portion to be done next year or the following year, or
whatever. I really think considering our fiscal situation that this would be a good
more. I've talked to Jeff Davidson, we're talking about the better part of a million
dollars for the Riverside Drive portion of that, which would not necessarily have
to be spent, or be bid this September. Is there any other interest ?
Norton/ I would be -
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Vanderhoef/ I could support looking at that end of the trail first, and as I indicated two
weeks ago, with this kind of a project, if they only do the one section, and we lose
the ISTEA funds, and our (can't understand) funds of 20%, the next section, the
next phase of it, we would be eligible to reapply for more IST funds, provided that
they are -
Nov/ In existence.
Vanderhoef/ In existence, Naomi's fight. I haven't seen the new budget, but it's coming.
But I share your concern, Ernie, and I always have, from several years back, when
we were looking at the whole trail system in the southside as it was developing.
And, you may recall that even at that time, before the sewer project went in, I was
insistent on finding out whether we could put a, some sort of tunnel under Sand
Road to facilitate moving children safely across that road, into Napoleon Park, so
if the Council chooses in total to phase this into more than one year, I highly agree
that we should start at Napoleon Park and work our way north.
Kubby/ Do you think we should (can't understand).
Vanderhoeff I was hoping this wouldn't come up until we had had our total budget
conversation. And this is coming up faster than that. So the only thing that I
would consider right now, probably, is to split the bid, shall we say, and get it at
least from Napoleon Park to the north side of Highway 6, and then the other
direction on north, to connect up. Then you wouldn't have to let the bid, as I
understand it, -
Kubby/ We could do part of it.
Vanderhoef/ We could do one bid, and if the engineers can give us an idea of where the
segments might cut off, as I have looked at the totals, the $750,000 available from
ISTEA funds matched by our 20%, which is $250,000, we're talking about
$1,000,000.
Thomberry/ (Can't understand)
Vanderhoef/ No, I'm talking about $1,000,000 to put into this bid that we would take.
Thornberry/ Boy, that's a lot of money for a trail.
Vanderhoef/ There's $250,000 of Iowa City money that I'm very committed to using the
ISTEA funds, and I think the priority for me is from Napoleon Park north.
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Thornberry/ You know, I can support that trail that far, and I have not as you know been
a trail supporter. I would call that an off-site sidewalk, because there are no
sidewalks along Sand Road. And getting kids down to play softball down there
safely, with the traffic along Sand Road, is pretty important. And without
sidewalks, that's putting in a sidewalk basically. You cma call it a trail, call it a
sidewalk, it's alternative transportation.
Vanderhoef/ While we're talking about this, in discussing our tour with Terry Trueblood
of Parks and Recreation last night, I suggested that walking, that this might be an
area that Council might want to see a path down to the lake, and on down towards
Napoleon Park.
Kubby/Yeah, it's been a long time since we've walked that.
Vanderhoef/ I did it several years ago, but I'm not sure that the rest of the Council has,
and to look at the concern there.
Nov/ He says "walk?" We'll all walk that at some point or another.
Thornberry/ Dee is the -
Norton/ Take your video camera.
Thornberry/ Dee is the trail guru.
Kubby/ Gum?
Thornberry/ Guru.
Lehman/ Well, I would like -
Kubby/ Guru.
??/ Guru.
Thornberry/ Guru, guru, guru.
Kubby/ There's the emphasis on the second syllable.
Norton/ Where are we?
Thornberry/ And I listened to this, but I'm not a big trail person, though I can see it as an
alternative sidewalk, but what does it cost. There's a light on Highway 6. Are
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you proposing, I lmow that there's proposed to build a tunnel underneath
Highway 6 to walk or ride your bike. Under Highway 6, and then you come back
up?
Norton/ Under the bridge, you sneak under the bridge.
Nov/ We're not tum~eling.
Thornberry/ I can see -
Nov/ Not a tunnel, but a bridge under the bridge.
Thomberry/ I can see a sidewalk along Sand Road down to the softball fields.
Kubby/ Thank you, I appreciate that support.
Lehman/ Well, the reason I bring that up really, is that I feel it should be paved,
personally. I don't wish to give, if in fact we're interested in paving, the City staff
is going to be going through the work of getting together specifications for bids
for the entire project. If we're going to let it as one project that's fine. If we're
not, it seems to me to be a waste of staff time to be working hard on something
that perhaps will not be done for a year or whatever. And the second thing, and I
talked to Jeff about this briefly, I'm not at all sure that that section between
Burlington Street and Benton Street is going to be a good place to put that. And
maybe it is, and I certainly won't say no to that, but I'm not at all sure that there
may not be a less expensive alternate place for that trail. It may be a lot less
expensive. If we build the whole thing now, that's the way it's going to be done.
We can save, or postpone at least, spending of almost a million dollars by paving,
by doing the sortthem portion of it, and waiting on the upper portion and have
staff take a look at it.
Kubby/ What are the other, really there's only two other alternatives. In front of the
businesses, or in back of the businesses.
Norton/ There's the other side of the river.
Lehman/ You go across the river.
Norton/ Other side of the river.
Lehman/But that's not a discussion for here. I mean, all I'm asking is are we interested
in phasing.
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Nov/ And if you're interested in phasing, you're also interested in having the trail on the
east side of the river.
Lehman/ I'm interested in looking at it. I'm not saying that that's viable. It appears -
Kubby/ I thought we already made that decision that we did not want to go on the east
side of the river. But you want to revisit that discussion.
Lehman/(Can't understand). Again, I don't know that this is appropriate right now. All
I'm interested in is phasing. I would like to look at that again. As to what we're
really, how much money we're really investing in that trail on the west side of the
river, and how many potential people it would serve, and where is it really going
to go.
Norton/ Let me ask you a question where we're at here -
Kubby/ I thought we had had all that discussion, but if you're -
Norton/ Where are we procedurally? Because we directed staff, I think to start looking
for easements and so forth along the whole trail on the west side, from the
Burlington Street bridge south, and across and south. Now, I agree with you, I'd
like to focus on the south section, from Highway 6, down to Napoleon Park. And
do that first, and separate it from the other. And maybe even reconsider the other.
But what I mean is, where are we procedurally, what have we committed to, what
do we have to do to do what Ernie is suggesting?
Lehman/ Can we put the north section on hold? I guess that's what we're asking.
Norton/ That's what I'd like to do.
Atkins/ The project is designed, for all practical purposes, I think you'd need to say split
the bid.
Nov/ I think it's just instruction that we're talking about.
Atkins/ Exactly. Tell us to split the bid if that's what you want to do.
Norton/ Well, they could stop looking for easements too, couldn't they?
Atkins/ Well, split the bid, and then that's what we'll concentrate on.
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Kubby/ The reason we had talked about doing it all at once, aside from this issue of
relocation of the trail that's come back up, is because we thought we could get a
better deal per foot -
Lehman/ I know that.
Kubby/ For the trail. And if we're committed to doing it all, why not spread the public
money, and the ISTEA money out, as we discussed this, because we don't know
what's going to happen with ISTEA.
Baker/ Well, when Ernie raised this question to me earlier, one of the questions I had
was, the way I understand you, you're not advocating that we eliminate this other
part of the trail, that may indeed be where it goes -
Lehman/ We should have it -
Baker/ You're asking for a one-year separation of the two projects.
Lehman/Yeah.
Baker/ And, as long as it's clear that we do have that schedule in mind, that we're going
ahead with the first half, the bottom half, however you want to phrase it, and then
the year after that, we have a commitment to put the trail in -
Lehman/ To do something.
Norton/ One side or the other.
Thornberry/ A (can't understand) sabbatical.
Norton/ One year?
Baker/ One side or the other.
Norton/ This is one of the things we're going to have to spread out somewhere.
Baker/ Implicit in that is that you do open up the discussion of the location of that other
half.
Lehman/ It may be a very short discussion, because we may turn right around and do
exactly what we've talked about.
Baker/ Yeah, I don't mind talking about that.
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Thomberry/ Where there are sidewalks in the northern part, I'm a little apprehensive
about putting in another trail, but again, I think the southern part, I could support
because of the lack of walk there.
Baker/ Also keep in mind that there is the very real likelihood that the overall cost of the
project will go up to some degree.
Lehman/ I realize that.
Baker/ Okay.
Kubby/ Sounds like there are four people who want to open up discussion. And perhaps
we can direct staff to "x" the south part and focus on the north part.
Nov/ Any bid -
Norton/ You mean "x" the north and focus on the south.
Nov/ Any bid will give us a higher cost because of the higher quantity of materials and
labor, etc. Also, putting into next year will be a higher cost because of inflation.
So, we're going to lift, raise, etc. costs by doing it this way.
Lehman/ If we do it exactly the way we're talking about. I think there's a chance that we
might do it differently.
Nov/ No, I'm saying just splitting it will raise our costs.
Lehman/ On the other hand, it we find an alternative that is substantially less expensive
than what we're looking at right now, the overall cost would be significantly
reduced.
Nov/ Okay. If it's less expensive to build on the east side.
Lehman/ It could. If that is viable. I'm not sure it is.
Nov/ Okay. Yeah, if it's viable and it's less expensive. In terms of cost, I'm concerned
a little about the ISTEA funds, because they may not be there next year.
Lehman/ (Can't understand) all of those funds could be used on the southern portion,
along with our match. So we would lose nothing in the way of ISTEA funds.
They have to be used.
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Nov/ That's the question. Thank you.
Lehman/ Well, I did talk to them about that. So, it's not a matter of us losing funds. We
will get those funds, we'll have to match those funds, but it will take us to
Highway 6, and that's a guesstimate.
Kubby/ It'll be risky, if when we want to do the other half of the trail, and those funds
are no longer available, that would not be funded.
Norton/ The prospects for ISTEA funds look pretty good, according to the publications.
Nov/ However-
Lehman/ Well, we'll use what we have.
Nov/ Yeah. The ISTEA funds that are currently allocated will be used.
Lehman/ That's right.
Nov/ And next year, you can apply again if they exist.
Vanderhoef/ Steve, on the split bid, tell me if I'm thinking wrong on this, but if we did it
as a split bid and as a total, then at the time of accepting bids, we could make that
decision. Is that right, or not?
Atkins/ I'd have to consult the engineers. If you, you could bid the whole project, but
put an alternate in for splitting the bid, however, that's going to chase away some
of the contractors given the size of this thing. It's a pretty good-sized contract,
getting some of the larger construction firms. If you're just doing the half of it, I
think that attracts a different number, you know, a different type of contractor.
Vanderhoef/ So it could create a lot more -
Atkins/ I don't lmow the answer to that, I mean, I think Chuck would have to make that
decision for us.
Nov/ Would you check with the engineers about whether or not we can do both, such as
Dee suggested, and give us a memo this week?
Atkins/ Yeah.
Kubby/ Maybe we'd have to bid it as two separate things, one as the whole project, and
one as two separate projects.
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Atkins/ I just don't have the answer.
Nov/ But, it might work as an add-on. We'll just -
Atldns/ Okay.
Nov/ Check into it. Anything else? Okay. Mr. Thornberry.
Lehman/ Mr. Thornberry, you used a word that I really liked.
Thomberry/ Uh-oh.
Lehman/ I think you said something about Council might express our apprehension
about the effect the skywalk might give to the people of Iowa City, or visitors to
the City of Iowa City about our community. And whether or not we wish to
express our apprehension as a Council tonight to the University of Iowa. And I
guess we want to express our sincere interest and apprehension? Or do we care to
let this pass?
Thornberry/ Well, I think we have a member on the Council that loved this sucker, that is
in total agreement with the proposed -
Norton/ No, I didn't say, I just don't think the Council ought to gratuitously intrude on
this matter. If we want to speak individually, but it's not up to us. I realize that.
Kubby/ It doesn't mean we can't speak out.
Norton/I realize that, but it's still a gratuitous intrusion.
Lehman/ It certainly impacts our community.
Thornberry/ It does.
Norton/ I understand that, but I don't think -- and I understand too, I went over there and
spent a long time sitting in silent admiration of the object, the model. And then I
read the little thing, and talk to the guard, and apparently there's a lot of furor over
this thing, and the man is going back to the drawing board with influence from the
community and the University, and presumably have at it again. It'd be my guess
it'll be a substantially changed project. Now, if you want to express your view, I
suppose that you can, well, how can you express your view, I guess you've
expressed my view now, huh? If you guys all vote for it. I would just assume be
quiet.
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Baker/ I think Ernie's saying that we express our concern that that design as presented
might not be -
Lehman/ Indicative of our community.
Norton/ I don't lmow, it's beginning to -
Baker/ Opening it to the community -
Kubby/ Well, the big concern, from my understanding, was that we wanted something
that because a gateway, that helped you open up into the downtown.
Norton/Yes, that was considered, yeah.
Kubby/ And that does this design create that atmosphere of a gateway, I would think,
certainly not. That it's more of a blockage than a gate. So I think the concerns as
to why they chose, which I think is a good strategy is to get an artist involved.
But it just didn't meet the concern, but that was the reason for contracting it with
an artist.
Norton/ If you want to tell them what we'd like it to be, be sure you give better
consideration to the gateway aspect, I think that would be something we ought to
say to them.
Nov/ I think we ought to say transparency also.
Norton/ Well, perhaps you'd want to say more transparency, more gateway-ish.
Lehman/I just think I would like to indicate our concern, and how important it is to us
that something that really is a -
Norton/ Okay.
Lehman/ Gateway to the community be representative of our community.
Norton/I don't mind that, that avoids explicit criticism of this one, only implied
criticism.
Baker/ And contact is important.
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Lehman/ I think it's important that we show that we are interested, and that we are
concerned. Beyond that, I think they can take it from there. But I think that we
definitely have an interest in a gateway.
Kubby/And we're not Madison County, Iowa, or (cant understand).
Norton/ Well, why don't we authorize the Mayor to write a letter that effect.
Thornberry/ We did have a train wreck here in the last year.
Norton/ Why don't we have the mayor write a strongly-worded letter.
Thornberry/ I think it's (cant understand).
Norton/ No, I mean -
Nov/ You want a strongly-worded letter?
Norton/ A moderately-worded letter.
Nov/ A moderately-worded letter?
Lehman/ A letter of our concern.
Kubby/A letter about gateway and transparency.
Nov/ Yes.
Baker/ And with a sense of where the overwhelming majority of Council is headed in
this issue.
Thomberry/ Well, we wrote a letter over my objection, in the Eric Shaw case, so I don't
see any problem with writing a letter with one Council member -
Norton/ No, I'm not objecting, depending on how you word it, that you don't write it as
just a simple-minded criticism of this thing -
Baker/No, no no.
Norton/ Especially with our concern for
Thornberry/ I'm not saying we should use train wreck anywhere in the letter.
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Norton/ Okay.
Thornberry/ I think, perhaps, Karen's -
Lehman/ The grain elevator is out.
Thornberry/ Well, I like what you said, Karen, if I could squeeze that in.
Council/ (All talking).
Baker/ What we talked about last night, Ernie, on the same issue was whether or not
individually, or as members of the public should express concerns to the
appropriate people at the University.
Norton/ I believe they should.
Kubby/ We just want to make that easy.
Norton/ And that has been invited, and apparently they are collecting all kinds of
comments.
Nov/ They are.
Lehman/ I don't have the numbers, but -
Baker/ I will not do this as an individual. I will do this only if the Council would like to
post the name of the appropriate person and that person's phone number.
Thornberry/ Put it right under the Mayor's sign.
Nov/ And also, I have phoned the University office, and I have spoken with them about
this. They are requesting comments in writing. Not that they won't take phone
calls, but they would prefer comments in writing. So, we had a letter today from a
citizen who told us she doesn't want the City to do this, and I've answered this
letter telling her that the City is not doing this, and I'm going to send her letter
first to the University, to Dick Gibson's office. We don't have his office number
right here, do we? We have a phone number, but not the address.
Thornberry/ I can go back into the room and -
Kubby/ Just a call (can't understand).
Council/ (All talking).
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Nov/ North Hall.
Norton/ Facilities Planning, North Hall.
Nov/ Facilities Planning is in North Hall.
Norton/ So that'll get it there.
Baker/ It's not home.
Nov/ No, not at home.
Thornberry/ North Hall.
Norton/ Facilities Planning, North Hall.
Kubby/ 52242.
Thornberry/ 52242, right.
Nov/ And, I have a form letter in the computer, so in case we get other letters, we can say
we've sent your letter to Mr. Gibson.
Baker/ And again, quality of opinion is as important as quantity, and Mr. Gibson is
available, and at the behest of Council, did give the phone number listed there.
Thomberry/ I think perhaps, Karen's statement regarding a gateway to the City from the
north, coming down was appropriate, and that is in effect what we were looldng
for, something as a gateway. St. Louis has got the arch, and we've got our
gateway.
Nov/ Well, this is one of the main entrances to downtown Iowa City.
Thornberry/ It is.
Nov/ It's not literally a gateway to Iowa City, but a gateway to our downtown business
district, and the University of Iowa.
Thornberry/ That's right. And I think we've made it abundantly clear to the citizens of
Iowa City that we're a little bit apprehensive of the current projected statement. Is
that, by the way, art, or is that -
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Nov/ That's-
??/ That's art.
Nov/ That is a concept. It's not yet a piece of art. It's just a concept.
Lehman/ But we are going to send a letter expressing our concern.
Nov/ We will do that. Okay. Did you have anything else?
Thornberry/ That was Ernie's.
Nov/ That was Ernie's. How about you?
Thornberry/ That was all of ours.
Baker/ That was not just from Ernie, that was from all of us.
Thornberry/That was from the Council.
Nov/ Okay.
Thornberry/ Except Dee.
Norton/ Oh, I'm all right. I'll go along.
Thornberry/ Okay. We have not, we also have not forgotten TCI. We're still working on
that, with the cable, with the access, with the, all the different things connected
with the cable television for Iowa City. We have not fixed that.
Baker/There's a phone number I'd like to give.
Thornberry/ So, we are still working on that, too, and we are not satisfied at this point, so
we will continue our heartfelt concerns with the cun'ent projected system.
Vanderhoef/ Earlier, you made the announcement of vacancies for the Housing and
Community Development Commission, and over this last year or so, we have had
some concerns with a conflict of interest with members on this commission. And,
since we have three terms to be filled at our next Board, I've asked Eleanor to
come and just re-iterate what the policy is on the conflict of interest, and for
myself, I'm going to look at this very carefully before I make appointments,
because there are some people that have a lot of good lmowledge who could be on
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that Commission, and because of their conflict, they cannot participate, as I
understand it.
Dilkes/I'm looking at a July 31, 1996 memo, from Linda Waito, and from me, about the
conflict of issues with the Housing and Community Development Commission.
The question has repeatedly arisen in connection with that Commission, as to
whether a member of the Commission should vote or participate in funding
discussions if they're a member of or affiliated with one of the organizations that
is applying for money. The opinion that we gave, and the rule that we suggested
be followed, and the one that I still think should followed is as follows: A
Commission member should not vote or participate in funding discussions if such
member is affiliated with an applicant for monies, or affiliated with an applicant
which is in competition for monies, without regard to the money sought by the
applicant for which the member is affiliated, or the amount of monies sought by
the applicant which is in competition for monies.
Kubby/ So it's not that they don't participate in the whole funding discussion, but just
their application and anyone that they're competing again, which would be a
whole category of economic development.
Dilkes/ Should not vote or participate in funding discussions -
Norton/ However you slice the cake, it affects them.
Thornberry/ Yes it does, right.
Dilkes/ But that's really the problem. And one of the issues was, well, should we make a
decision on the amount of money that they're seeking, and that doesn't make any
sense, because what we're talking about is the appearance of conflict.
Kubby/ What about looking at the category within, in which they have the conflict.
Dilkes/ Because all the money, as I understand it, if you take from one, it goes into
another pot, and -
Vanderhoef/ And one category is set.
Dilkes/ And that's the problem.
Kubby/All right. But don't they set out approximate amounts at the very beginning?
Vanderhoef/ They can't do that because they, that would be the conflict of interest,
Karen.
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Norton/ (Can't understand).
Kubby/ (Can't understand) into one category to get more.
Lehman/ Yeah.
Vanderhoef/ Yeah, right.
Kubby/ So, there is a problem created in that many, many people in the community
would be good resources -
Norton/ Yeah.
Kubby/ For this committee can't participate.
Dilkes/ Although, I should point out that the bylaws don't express a preference for
people who are involved in human service agencies. They express a preference for
at least one person with expertise in construction, at least one person with
expertise in finance, and in addition, if possible, one person who is a member of
the local homeless coordinating board. And, as I understand it, although there are
a lot of human service agencies represented on that board, there are a lot of people
who are not affiliated with those agencies.
Lehman/ Eleanor, am I hearing you correctly, that a person who has association with an
agency who is funded, or is trying to be funded, could serve on the Commission,
but could not participate in any discussion involving funding ?
Dilkes/ Or vote.
Lehman/ They could serve on the Commission.
Kubby/ That is a major, but the major function -
Lehman/ That's what they do.
Kubby/ But the major function is funding.
Dilkes/ And I think -
Kubby/ They do other things too, but I think 80% is -
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Dilkes/ I think partly, how this has arisen, is by members who aren't affiliated with the
human services agencies, it's difficult when you've got a couple members who
can't participate in the major thing that you do, which is allocate those funds. I
think you really do have to look at this at the outset when you're appointing
people, and this opinion is attached to the application, and there are specific
conflict question included in the application, so it should be clear to people when
they apply.
Norton/ My only problem is that that means that we have to give, it's difficult from the
information we have to give a full litmus to everybody, and a fair one -- this one
is a fairly obvious, and has a long history, and it's certainly troublesome. But it
doesn't mean we ought to ask for trouble. But I want to be sure we do this thing
with careful consideration, because if conflict of interest is determined by the
person, according to Linda, the person has to recognize that. You can't accuse
them of a conflict. They have to voluntarily say they have one.
Lehman/ Well, what you indicated, that's a matter of fact.
Vanderhoeff Yeah, that's always a matter of fact.
Dilkes/ Yeah, the conflict of interest question is a very fact-based analysis. But in this
one particular situation, because it had arisen so many times, we decided that we
needed to set down a pretty firm, clear rule, so that you could know it when you
were making appointments, and so that Commission members could be guided by
it. You know, they may not like it, and I think we did leave the decision, I think
the opinion states that the prudent course of action would be to leave the funding
discussions, but that that was left to the -
Norton/ P/Z, I was just looking at P/Z, and we make a point of it there, and we have
people there who, in principle, could have a conflict. Whether they participate in
the discussion, and whether or not they have a conflict, they are expected to obey
their bylaws. They are expected to identify that and recuse themselves.
Dilkes/ Yes.
Kubby/ Same here.
Lehman/ That's true for us as well.
VanderhoefJ But there is a difference for me in all of this, in that this is money.
Norton/ Yeah, they all are, in an indirect way.
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Vanderhoef/ Well, but the money is the biggest picture for this whole thing, and if they
can't participate, and then you get to the point that you are working with half the
Commission, making of the money allocations -
Norton/ I agree entirely.
Kubby/ Like on P/Z, if someone had a conflict on one plat, or one rezoning, that doesn't
predicate recusing that person on the rest of the -
Norton/ Oh yeah. I agree. This is a particularly difficult case, and I agree with you -
Vanderhoef/ And I want to face it before we start talking about -
Kubby/ Specific applicants.
Vanderhoef/ Specifics next time, and as I understand it right now, I think there are three
people on tiffs Commission out of the six who could fall into this category.
Nov/ That's out of nine, I think, not out of six.
Vanderhoef/ That's right, because the six after (cant understand). Three out of the nine.
Thomberry/ There are agencies that deal basically with the same type of problem that are
not funded.
Norton/Yeah, I understand that.
Thornberry/ And these agencies, if they would like to participate on these boards, they
would at least have the expertise and not get any funds from the funding, that
would be great.
Norton/ Well, we have someone who's on here who's in that category, they don't get
funds from this, but they have awareness.
Thornberry/ Yes. And that's-
Norton/ People ought to be able to do that.
Nov/ At some point, Dee, suggested that we look for some uniformity in bylaws, such as
conflict of interest, or other things that ought to occur in all Commission bylaws,
so she wants us to get together with the Rules Committee and review
Norton/ You want some boilerplate -
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Nov/ Re-check some language, to seek uniformity in various Commissions.
Thornberry/ What about the Commission on the PCRB? How do you not participate,
never get stopped, never have any interaction with the police department.
Nov/ That's right, if you've ever had a traffic ticket, you can't be on this board.
Norton/ Okay, well -
Vanderhoef/Okay. I don't know what process, if there is any process, but I want the
awareness and the need, I guess, as I see that, that conflict there, I would rather
leave a place open than reappoint or put someone in there that wouldn't be able to
participate in budget conversations.
Thornberry/ Right.
Nov/ Okay, it's a good point.
Thornberry/ Good point.
Vanderhoef/ That's all.
Thorn / Mr. Baker. Wake up.
Baker/
Two or three things, and I'll try to do them very quickly. First of all, I'd like to
thank the people along Market Street for their patience with the recent re-
asphalting program. A lot of stores and parts that's down there were
inconvenienced down there, and that's done now, and I encourage the city to drive
down a good asphalt street and stop in at Pearson's Drug and Northside Book
Market, and (can't understand), and other places like that. And I get no discounts,
don't worry. But, I'd like to thank those people for their patience. Now, quick
thing. I asked Marian to provide copies of a letter that was sent to me from
Kathleen Janz in Goosetown about some traffic problems. She sent a letter to
Doug Ripley, and I would just like to call the Council's attention to that, and urge
Steve to have Doug respond as soon as possible to some of the concerns expressed
here, and get copies back to us as well, about traffic patterns in the Goosetown
area, and I suspect that once more and more neighborhoods become aware that
we've adopted and are implementing traffic problem programs, we'll be hearing
more and more about this. So that was just for you all's information. The other
one, I also have in the packet included an e-mail correspondence from Doug Jones
about some state legislation of possible rule changes on animal feeding
operations. Again, I lmow very little about this, but the little that I read, I'm
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wondering how much our City Engineering or Legal, or somebody is aware of, or
does it have any potential impact on our watersheds problems, and where should
we as a City, or when and if the City should be involved in monitoring this kind
of legislation and adding our input to it. I don't lmow who handles this -
Atkins/ I'm not sure. I think Eleanor's knowledge of manure exceeds mine.
Baker/ That is not what the talk on the street is.
Kubby/ We do know that if it goes into the Iowa River that it means we have a lower
quality raw water source for the City, and that right now, our water filters are not
as good as they could be for Cryptosporidium (sp?), which is a threat with manure
spills.
Baker/ My point is, is there something that staff is given to become more aware of these
kind of changes and their possible impact on Iowa City?
Atkins/ To the best of my lmowledge, Ed Moreno would know that far better than I
would.
Baker/Could you have him prepare something for us about his view, or what he is doing
Kubby/ Just about potential regs -
Baker/ With potential regs, and how they affect current, our current status, and also our
new water plant.
Norton/ We could ask the County to keep us informed of any such proposals that come
in upstream.
Thornberry/ Oh yeah, they give us monthly -
Baker/ Well, I don't care how it's done -
Nov/ (Cant understand) the regulations are state regulations, they're not letting the
counties or the cities regulate things. So, it's the Environmental Protection
Commission regulations.
Baker/ But, I would suspect that people who have an immediate interest in the
consequence so those regulations ought to be involved in the formulation of those
regulations, and we ought to be, if we're not aware of what's going on, we should
be.
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Kubby/ Got to make ourselves a player.
Lehman/ Well, I think we need to talk to our state representatives.
Baker/
Absolutely, but I want to find out what we know right now about the issue.
Because I know very little, except scattered list postings here and there. And
finally, and this comes from going down to the Friday night concerts, and this
occurs to me every Friday night when I'm down there. I'm looking around for
maintenance people. I know you clean up in the mornings, and then you clean up
on the weekends sometimes, but it dawned on me that if we don't do it now,
maybe they're doing it and I just don't see those people, but especially on high-
visibility nights, when there's lots o£people downtown, we ought to have a staff
person down there cleaning. In some sort of uniform, so the public sees that
person at work. There's a psychology here about people's behavior, and I think
the place is not as, and you get a lot of people, you understand you're going to be
having a bunch of stuff on the ground, but you alter people's behavior when they
see other people doing that kind of work. And I don't lmow if we can do it now,
this late in the season, but this is something to bring back for the next, when we
reschedule people. I mean, I think it's a good idea, but whoever handles that sort
of thing ought to consider having that sort of high-visibility downtown.
Lehman/ I agree with you, Larry, but it would be very difficult to try to empty jugs and
containers or pick up cigarette packs with those numbers people down there.
Baker/ You don't expect that person to keep it clean. It would be cleaner.
Lehman/ What are they going to do?
Kubby/ They may empty trash.
Baker/ You will empty trash. You will sweep. You will pick up empty cups and put
them in the garbage.
Nov/ You'll drive your green machine.
Baker/ You'll drive it, whatever it talces. You people were here in the late, when the first
brick in the sewer plant ten million years ago, or whatever it was. I was once a
teenager.
Norton/No kidding.
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Baker/ And one of the first jobs I had, at Six Flags over Texas, I was one of the street
sweepers. And all I did was go around and sweep up into a pan. And we did this
before Disneyland did this.
Norton/All the crowds, yeah.
Baker/And Wait Disney came through there, and he realized that what happens is that
people are cleaner when they see other people cleaning up.
Lehman/ We talked about that.
Baker/ And we ought to do it.
Lehman/ I understand.
Norton/ We'll bring that up.
??/ All right, Larry.
Nov/ We need a late shift for Friday night.
Baker/ We've only got four or five more. But next season, -
Atkins/ We can try it yet this year, can't hurt.
Baker/Good. Thank you. And that's all I have.
Nov/ Okay. Anything else?
Baker/That's it.
Nov/Okay. We have set precedents on announcing birthdays. So, between now and ore'
next meeting, Marian Karr's birthday is August 5th. Anybody who sees Marian
that week should say Happy Birthday.
Baker/ How old?
Nov/ Karen Kubby's birthday is August 8th.
Norton/And Karen's is August 8th.
Nov/ Right.
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Norton/ And we shall not inquire.
Kubby/ (Can't understand) women got to stick together.
Norton/ Out of delicacy, we shall not inquire.
Nov/ Okay. Now, on August 9th, our Iowa City Human Rights Commission is
presenting a movie, To Kill a Mockingbird, starring Gregory Peck. It will be
shown at 1:30 p.m. at the Iowa City Public Library, Meeting Room A, absolutely
free admission, free popcorn, free soda, free Dots, anybody who wants to see a
good movie, show up.
Kubby/ Free dots, yeah!
Thornberry/ (Can't understand).
Nov/ She's a Dots fan.
Thornberry/ You're the Dots -- Dots were on a piece of paper, the little candies on a
piece of paper. Those were the real Dots, then they came up with Dots in a box.
Baker/ Oh man, the '70s were great.
Vanderhoef/ That was a long time ago.
Thornberry/ It wasn't that long.
Nov/ Long long ago. Okay. Now, a reprise. The next City Council meeting will be
August 13th at 8:00 a.m. right here.
Baker/ I'll be thinIcing of you.
Kubby/ We do have four people. I don't want to show up here at 8:00 and only find
three people here, or I'm going to be upset.
Norton/ If you do, you'll have coffee.
Kubby/ I don't drinIc coffee.
Council/ (All talking).
Nov/ We have four people who plan to show up. Be there.
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July 29, 1997 City of Iowa City Page 19
b. City Attorney.
ITEM NO. 29.
ADJOURNMENT.
#28 page 1
ITEM NO. 28 REPORT ON ITEMS FROM THE CITY MANAGER AND CITY
ATTORNEY.
a. City Manager
Nov/ Steve?
Atkins/Nothing.
b. City Attorney
Nov/ City Attorney?
Dilkes/Just, you may have noticed in the memo from Dennis on the PCRB, there's a
sentence that drops off which is the result of a miscommunication between Dennis
and me. But basically, it was meant to say that you are sending out a letter this
week to attorneys who are members of the Johnson County Bar, and the Linn
County Bar.
Kubby/ I made that jump.
Nov/ Okay.
Dilkes/ That's all.
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F072997
CITY OF I0 WA CITY
City Council Meeting Schedule
and Tentative Work Session Agendas
July 25, 1997
July 28 - August 3, 1997
[~] = Telecast Live on Cable Channel 4
July 28
MondaY l
7:00p
COUNCIL WORK SESSION
7:00p
7:30p
8:00p
8:30p
$:40p
8:55p
9:05p
Review Zoning Matters
Scott-Six Industrial Park
Public Art
Hawkeye Transit Service
Dubuque Street/Kimball Road Sidewalk
Willow Creek Trail Project
Council Agenda/Council Time
Council Chambers
9:15p
EXECUTIVE SESSION
Land Acquisition and Litigation
Council Chambers
I July 29
7:00p
FORMAL COUNCIL MEETING
Tuesday
Council Chambers
FUTURE WORK SESSION ITEMS
Keg Ordinance
Hickory Hill West
Water Project Costs
Waste Pickup - 4-Plexes
Proposed U of l Parking Facility
Chutes and Vaults
Deer Management
Peninsula Development- Field Trip
Elks
What's New Iowa City Video Program
Landfill Master Plan
Sand Point Wells
DARE Program Review
Sanitary Sewer Repair - New Policy Update
Cemetery
Downtown Renovation
Sales Tax
Snelson Sculpture