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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) #2 page 1 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. F072997 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 #3 page 1 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #4 page 1 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #4 page 2 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, This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #4 page 3 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? This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #4 page 4 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 This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #4 page 5 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #4 page 6 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #4 page 7 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #4 page 8 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 This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #4 page 9 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 - This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #4 page 10 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? This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #4 page 11 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? This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #4 page 12 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 This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #4 page 13 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? This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #4 page 14 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 This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #4 page 15 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 This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #4 page 16 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 This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #4 page 17 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, This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #4 page 18 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #4 page 19 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #4 page 20 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #4 page 21 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #4 page 22 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, This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #4 page 23 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). This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #5a page 1 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #5a page 2 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #5a page 3 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #5a page 4 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 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 This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #5c page 2 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #5c page 3 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #5c page 4 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #5c page 5 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #5c page 6 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #5c page 7 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #5d Page 1 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #5d Page 2 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 This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #5d Page 3 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #5d Page 4 Nov/ Roll call- (yes; Kubby-no). We have approved this on a 6-1 vote, Kubby voting 120. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 July 29, '1997 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. 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 This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #6 page 3 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #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, This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #8 Page 2 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 This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #8 Page 3 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #8 Page 4 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 This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #8 Page 5 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 - This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #8 Page 6 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #8 Page 1 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #8 Page 2 Thornberry/ Roll call. Nov/ Roll call- (yes; Kubby, no). We have approved the resolution on a 6-1 vote, Kubby voting no. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #9 page 1 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? This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #9 page 2 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #9 page 3 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). This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #9 page 4 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 .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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #10 page 2 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #11 page 1 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #11 page 2 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29~ 1997. F072997 #12 page 2 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29~ 1997. F072997 #12 page 3 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? This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #13 page 1 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #13 page 2 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #13 page 3 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #13 page 4 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #13 page 5 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #13 page 6 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #13 page 7 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #13 page 8 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #14 page 2 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #14 page 3 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? This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #16 page 2 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #17 Page 1 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #17 Page 2 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #17 Page 3 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 - This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #17 Page 4 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 July 29, 1997 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #19 Page 2 Nov/ Okay. Roll call- (yes). We have adopted the ordinance. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #22 Page 2 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #24 Page 2 ??/ 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 July 29, 1997 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #27 Page 2 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #27 Page 3 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #27 Page 4 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #27 Page 5 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #27 Page 6 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #27 Page 7 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 - This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #27 Page 8 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #27 Page 9 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 This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #27 Page 10 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #27 Page 11 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #27 Page 12 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #27 Page 13 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #27 Page 14 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #27 Page 15 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #27 Page 16 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #27 Page 17 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #27 Page 18 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). This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #27 Page 19 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 - This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #27 Page 20 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 This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #27 Page 21 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #27 Page 22 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 - This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #27 Page 23 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #27 Page 24 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 - This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #27 Page 25 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 This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #27 Page 26 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #27 Page 27 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #27 Page 28 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 #27 Page 29 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. F072997 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of July 29, 1997. 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