HomeMy WebLinkAbout1997-10-07 AgendaSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office, 356-5040.
,AG£NDA
CITY COUNCIL IV~EETING
October 7, 1997 - 7.:00 p.m.
Civic Center
ITEM NO. 1.
CALL TO ORDER.
ROLL CALL.
ITEM NO. 2.
MAYOR'S PROCLAMATIONS.
a. Fire Prevention Week -.-~October.5-_l 1
b. Family Health Month; October /~:f~l~o~'do
c. Breast Cancer Awareness Month - October
Mammogfaphy Day - October 1 7
ITEM NO. 3.
SPECIAL PRESENTATIONS.
a. Outstanding Student Citizens - Regina Elementary
(1) Kelsie Full
(2) Patrick Murray
(3) Tim Porter
Mercer Park Gymnasium Project
ITEM NO. 4.
ITEM NO. 5.
CONSIDER A RESOLUTION NAMING THE NEW GYMNASIUM COMPLEX
AT MERCER PARK.
Comment: Members of the Parks and Recreation Foundation and
Campaign Committee will be present at the October 7 Council meeting.
An announcement will be made at that time regarding the propos.~d.~..~
name.
OR AMENDED.
Approval of Official Council Actions of the special meetings of
September 23, September 24, and the regular meeting of
September 23, as published, subject to corrections, as recommended
by the City Clerk.
#1 page 1
ITEM NO. 1 ROLL CALL
Nov/ Also, we would like to wish Catherine C. Sueppel a very happy birthday.
years old.
Thomberry/ All right.
Nov/ How about that?
She is 95
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ITEM NO. 2a MAYOR'S PROCLAMATIONS -- Fire Prevention Week - October 5-11
Nov/ (Reads agenda item #2a). We have someone to accept this?
Marian Karr/ Yes, Madam Mayor, we have three representatives from our Fire
Department, Larry Kahler, Frank Dolezal, and Sigmund.
Nov/ And Sigmund.
Kubby/ I thought he was from the Raptor Center.
Larry Kahler/ No, we're not from the Raptor Center. Mayor Novick and the Council, I'd
like to thank you on behalf of Sigmund and the Iowa City Fire Department for
your continuing support of our Fire Prevention Week activities. And I'd also like
to invite you and citizens of Iowa City to a trailer burn for people, especially who
live in manufactured homes, some information on fire safety for manufactured
homes that we're going to be hosting this Saturday afternoon. And you're all
welcome, and of course, any citizens that would like to come, and Sigmund might
even be there. But I'd like to thank you for your continuing support.
Nov/ Thank you.
Kubby/ Thanlc you.
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ITEM NO. 2b MAYOR'S PROCLAMATIONS -- Family Health Month ~ October
Nov/ (Reads agenda item #2b).
Karr/ Here to accept the Proclamation is Kristi Doser and Adelaide Gurwell, MD.
Adelaide Gurwell/ I would like to take this opportunity to say a little bit more about the
Domestic Violence Special Project. The American Academy of Family
Physicians took the domestic violence issue as a special project for their 50th
anniversary. Part of this project had to do with physician education and training
family physicians in Iowa to recognize family violence. It is a difficult subject to
deal with, and as part of this increased awareness, in the recent meeting of the
Iowa Academy of Family Physicians, we had a workshop to increase awareness,
and we also received some literature on the subject. As part of our efforts to
increase patient awareness, we have disseminated thi'oughout Iowa pamphlets that
physicians can show in their offices to patients to make them more comfortable
sharing their concerns with their physicians. And also, a lot of other tools that
increase patients' awareness that there's help available. With that, I'd like to
introduce I~istie Doser, who works with the Domestic Violence Intervention
Project in Iowa City, and will make some specific comments about the project
here. Thank you.
Kristie Doser/ Thank you very much. I was really excited about coming this evening and
addressing the Council members and the City representatives. I'm with the
Domestic Violence Intervention Program here in Iowa City. We serve a five
county service area of Johnson, Washington, Iowa, Cedar, and Jones Counties.
And, in Iowa, the Iowa Public Department of Health estimates that as many as
44,000 women are affected by domestic violence, are battered women in a
relationship. And this is a critical issue for our communities. In our commmfity
alone, our crisis intervention service responds to 18,000 crisis-related calls every
year. And that's a service that has been jumping dramatically. We will house in
our shelter approximately 500 women and children in a year's time. And so, in
conjunction with Family Health Month, it's been historically also, October has
been Domestic Violence Awareness Month. So, we really appreciated Family
Physicians honoring this effort and working to improve connections with battered
women and children and support for battered women and children. So thank you
for your time and your energy.
Kubby/ Thanlc you for all your work. The Domestic Violence Intervention Progrmr~ is
very important in this community. It saved my life.
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Doser/ Yeah, we work hard.
Kubby/ So, thank you.
Doser/ Thank you.
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ITEM NO. 3a SPECIAL PRESENTATIONS -- Outstanding Student Citizens - Regina
Elementary
Nov/
We have Special Proclamations next. There are three students from Regina
Elementary School who have done outstanding work for their school and we're
going to recognize their Outstanding Student Citizens. Would Kelsie Full, Patrick
Murray, and Tim Porter please come and stand right here. I'm going to hold the
microphone and you're going to tell us all you did, okay?
Kelsie
Full/ I have participated in many athletic, academic, and service help things for
the City. Examples would be, I have participated in two soccer temns, two
basketball teams, I've helped at the Wesley House, and I've done Optimist Book
Club speeches. And, all these things have taught me teamwork and leadership
skills, and I'm glad I did all of them, thank you.
Nov/
Terrific. Now, we are going to present a Citizenship Award which says "For her
outstanding qualities of leadership within Regina Elementary, as well as the
community, and for her sense of responsibility and helpfulness to others, we
recognize Kelsie Full as an Outstanding Student Citizen. Your community is
proud of you." This is presented by the Iowa City City Council and signed by the
Mayor complete with gold seal. Patrick? You read, I'll hold.
Patrick Murray/ I, Patrick Murray, have been chosen to represent my school as an
Outstanding Citizen. I have been chosen because of my friendliness and hard
work. I am also respectful to others, have a positive attitude, and work well in a
group. I am polite to everyone, and I do not use put-downs. I am also a black belt
in Tae Kwon Do, as well as the Student Council President of my school. This
year, Regina has started a Boys' Choir. I am proud and delighted to be a member.
I have never used profane language in my life, and I work hard to achieve things.
When I work on something, I put my heart into it and strive to meet my goal.
Although I am from Ireland, I am honored to call Iowa City home.
Nov/ Okay. Excuse me, I've got the wrong thing here. This is Tim Porter, correct?
Tim Porter/ Yep.
Nov/ Okay. I want to be sure we have the right award for the right young citizen.
Tim Porter/ First of all, I would like to thank you all here for making this award possible.
I think I was chosen for this award because I treat my peers with respect and
kindness. Also, in school, I'm involved in Student Council as treasurer. The
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responsibilities of this include tending to the school store and I'm in charge of
taking the money to the bank at the end of the week. Outside of the classroom,
I'm involved in many things such as sports, which have helped my social skills
and have helped me to become a better team-player. I'm also an Alter Server at
St. Thomas More, my church, and I'm in the Regina Boys' Choir, and I play the
piano. I am the oldest of four, and am expected to be the leader by sitting for my
brothers and loving all of my family members. This award means a lot to me and
my family. Thank you once again.
Nov/
One more Outstanding Student Citizen. We are really proud of all of them. thank
you all for doing whatever you've done for the good of your community and your
school.
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ITEM NO. 3b SPECIAL PRESENTATIONS -- Mercer Park Gymnasium Project
Nov/ We now have a Special Presentation f~:om the new complex gymnasium,
gymnasium complex? Who's here for that one, Terry?
Terry Trueblood/ Good evening. Terry Trueblood, your Parks and Recreation Director.
Hard act to follow, three students, all of whom speak better than I do. If any of
them would like to stay and handle this for me, I'd be happy to turn it over to
them.
Nov/ If you have a script, they can handle it.
Trueblood/ As you indicated, we're here tonight about a Special Presentation regarding
the Mercer Park Gymnasium addition. A real quick summary of the project is to
construct a 16,000-foot, multi-purpose gymnasium complex onto the north side of
the Mercer Park Aquatic Center. Now, how did we get to this point? In 1994, the
Parks and Recreation Commission determined that our greatest need within the
department was more indoor recreation space, particularly gymnasium space.
They then went through a prioritization process and determined that their number
one capital priority was to expand the Mercer Park Aquatic Center. This would
also fulfill a vision, so to speak, because the original plan for the Aquatic Center
did include additional recreation space beyond the Aquatic Center portion. Now,
subsequently, our Parks and Recreation foundation took this on as a project. In
1995, an architect was retained to develop some preliminary conceptual plans and
cost estimates, and the plan selected has a price tag of $1,500,000. A financial
package was proposed that included raising $300,000 from private sector
contributions, and a community-planning task force chaired by Bob Sierk was
formed to react to and advise on the proposal, and this "For the Kids" booldet that
you've probably all seen at one time or another, came out of that task force to
assist with the feasibility study. Speaking of which, in July 1996, the Council
gave approval to conduct that feasibility study to determine if $300,000 could in
fact be raised in the community to help support this project. After the study was
completed, it indicated that in fact $350,000 should be able to be raised, and the
task force also assisted with this effort. In March 1997, the Council approved the
fund-raising campaign, based on the results of the feasibility study. There were a
number of people who worked very hard on this, and to handle the introduction of
some of those people and to handle the Special Presentation, I'd like to call on
Matt Pacha, who's the Chair of the Parks and Recreation Commission, Chair of
the Parks and Recreation Foundation, and Co-chair of the Gymnasium Addition
Campaign Committee, all of which he does for free.
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Matt Pacha/ Thank you, Terry. Before I go on, I would like to recognize, he probably
can't believe I'm going to say something nice about him, but I'd like to recognize
Terry. He gave a lot of his personal time to this campaign, and really helped keep
me organized, and it was a tremendous help to me, so thank you, Ten'y. As he
said, there was a lot of people, this could not have been done without a lot of hard
work by a lot of people that also gave of their free time. I'd like to start by
recognizing these people. Ronald Gray from Oral-B Laboratories, and Bill Wells
from Proctor and Gamble were our endorsement Co-chairs and also came through
with good lead gifts for us. My Co-chairs in this campaign, one of which is here
this evening, Bill Brandt who couldn't make it, and Jack Muller who's here, I'd
like to recognize Jack. He was a big help and raised a lot of money himself. I
would also like to recognize all of the members of the Campaign for all the work
that they've done. I'll start with the ones that are here, without hopefully missing
anyone. John Balmer, John Beasley, Mike Gatens, Bob Sierk, Dick Summerwill,
and Ross Wilbum. And those who could not make it, Sheila Boyd, Jana Egeland
(??), Wilfreda Hieronymous, Tim Lehman, and Bruce Maurer. This is, this is
probably the last time I will wear my official campaign tie, but it's, this is exciting
for me because, as Terry said, our goal was to raise $350,000, and we were able to
do that and I would also like to, I don't like leaving anyone out, but I would like
to recognize without putting any figures to it, some of the outstanding lead gifts
that we did receive, some of those individuals that really got this campaign kicked
off. Of course, as I mentioned earlier, Proctor and Gamble, and Oral-B
Laboratories, as always, our financial institutions came through in a big way led
by Hills Bank and Trust, First National Bank, Iowa State Bank, U of I
Community Credit Union, and Hawkeye State Bank, the Mercer Bywater
Federson families who are the descendants of Mr. Mercer for whom the Aquatic
Center and the Park are named, Alfred and Wilfreda Hieronymous, Herb and
Janice Wilson, and Iowa Book and Supply and the Vanderhoef family. And we
certainly thank those, there were certainly a number of, there were many gifts.
The exact, to-date, we received contributions from 172 businesses, individuals,
and organizations, combined, and we're still getting gifts in. And if you don't
mind, Mayor Novick, I'd like to present you with this check, and let you read the
figure off.
Nov/ All right. It says "For the Irdds of All Ages, pay to the order of City of Iowa City,
$411,160". Good job.
Pacha/
Many of you were also key in giving your gifts, and I think you for that. There is
one notable gift that I did not mention, and I'm going to turn it over to Mr. Dick
Summerwill to tell you a little about our lead gift in the campaign.
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Nov/ Okay, the camera got this? I'm going to take it down.
Dick Summerwill/ My name is Dick Summerwill, and I'm, it's a pleasure for me tonight
to recommend the proposed name of the facility as the James P. Scanlon
Gymnasium. And, to urge you to pass a resolution nmning it that. A little bit
about the, about James P. Scanlon. First of all, this all started with Dr. George
Scanlon, many, many years ago, in Iowa City, and his wife Bea. He was a noted
surgeon here, at Mercy Hospital, a great philanthropist, and interesting enough, at
one time owned the city water works. He started the Scanlon Foundation, and did
it with a, not a large amount of money, but it grew over time, so that it is able to
participate in a great way for the City of Iowa City and surrounding area. George
and Bea Scanlon had two children, Jim Scanlon was one of them. Jim and
Jennifer Scanlon, his wife, had four children, and they are now the directors of the
Foundation. James Scanlon from Chicago, Patrick Scanlon from Los Ad~geles,
Clark Scanlon from Des Moines, and Marsha Scanlon from Los Angeles, all of
them wish they could be here tonight to do this, but are unable to be here. They, I
might say about them, they have done a great job, all of them were raised here,
they love Iowa City, and the area, and they remain loyal to their Iowa City roots,
and look forward to many projects in the future. Jim Scanlon. He's a lifelong
resident of Iowa City. He loved Hawkeye sports. He managed the real estate for
the Scanlon Foundation and the Scanlon Properties. He was a wonderful man.
He was a good father, and an enthusiastic supporter of many, many local projects.
He's a man that is worthy of having his name on the James P. Scanlon
Foundation. The resolution, I would like to read to you. This is a resolution
naming the new gymnasium complex at Mercer Park the James P. Scanlon
Gymnasium. "Whereas the Iowa City Parks and Recreation Foundation has led a
successful fund-raising campaign to assist with the construction of a gymnasium
addition to the Mercer Park Aquatic Center, and whereas the largest contributor to
the campaign is the George H. Scanlon Foundation, and whereas the George H.
Scanlon Foundation has demonstrated its community spirit by contributing to
many charitable causes in the Iowa City area, and whereas the Board of Directors
of the George H. Scanlon Foundation request that the gymnasium addition be
named in honor of James P. Scanlon, and whereas the Iowa City Parks and
Recreation Foundation recommends that this new public facility be named the
James P. Scanlon Gymnasium. Now therefore, be it resolved by the City Council
of the City of Iowa City that." gn~d I am pleased to announce a gift, a pledge in
the amount of $100,000 by the Scanlon Foundation for this, and would highly
recommend this to you. Thank you very much.
Nov/ Thank you. Okay, foilcs. We need a motion.
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Lehman/ So moved.
Thornberry/ Second.
Nov/ Moved by Lehman, seconded by Thornberry, that we approve this resolution. Any
Council discussion?
Kubby/ The fund-raising results have been incredible, starting out at $300,000 and going
up to $350,000, and then surpassing that by significant numbers, very good job on
the part of the community and the people organizing the community to give.
Nov/ And a special thanks to the committee that did all the work for this money.
Thornberry / A lot can be done with private-public partnerships.
Norton/ Yes.
Thornberry/ And this is one.
Vanderhoef/ A wonderful commitment from the community.
Nov/ Okay. Roll call- (yes). We have approved this resolution and this gymnasium is
now named James P. Scanlon Gymnasium.
Pacha/ Thank you very much.
Nov/ Thank you.
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ITEM NO. 4 CONSIDER A RESOLUTION NAMING THE NEW GYMNASIUM
COMPLEX AT MERCER PARIX.
See #3b discussion.
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October 7, 1997
b.
City of Iowa City
Page 2
Minutes of Boards and Commissions.
(1) Iowa City Board of Adjustment - September 10
(2) Iowa City Human Rights Commission - July 28
(3) Iowa City Human Rights Commission- August 25
(4) Planning and Zoning Commission - September 18
(5) Police Citizen Review Board - September 10
(6) Police Citizen Review Board - September 15
(7) Police Citizen Review Board - September 19
(8) Senior Center Commission- August.27
Permit Motions and Resolutions as Recommended by the City Clerk.
(1) Consider a motion approving a Class C Beer Permit for
MillerMart, Inc., dba MillerMart, Inc., 2303 Muscatine Ave.
(Renewal)
(2) Consider a motion approving a Class B Beer Permit for Rigel
Corp., dba Godfather's Pizza, 531 Highway 1 West. (Renewal)
(3) Consider a motion approving a Class C Liquor License for HMDS,
Inc., dba Grizzly's, 1210 Highland Cto (Renewal)
(4) Consider a motion approving an Outdoor Service Area for HMDS,
Inc.', dba Grizzly's, 1210 Highland Ct. (Renewal)
(5) Consider a motion approwng a Class C Beer Permit for DeliMart,
Corp. dba DeliMart #1, 525 Hwy 1 West. (Renewal)
(6) Consider a motion approwng a Class E Beer Permit for QuikTrip,
Corp., dba QuikTrip #548, 955 Mormon Trek Blvd. (Renewal)
(7) Consider a motion approving a Class C Liquor License for Hilltop
Tavern, Ltd., dba Hilltop Lounge, 1100 N. Dodge St. (Renewal)
(8) Consider a motion approving a Class C Beer Permit for Kirshna,
Inc., dba Mini Mart, 731 S. Riverside Dr. (Renewal)
(9) Consider a resolution to issue a Dancing Permit to Grizzly's,
1210 Highland Ct.
Motions.
(1) MOTION TO APPROVE THE REVOCATION OF ELECTION OF
THE $10,600,000 SEWER REVENUE BONDS, SERIES 1997.
Comment: The revocation of election would allow staff to spend
the interest earned on the one year debt service reserve for
sewer-related project costs. Currently the interest is going into
the Sewer Operations funds, per the previously approved Tax
Exempt Certificate. By revoking the election, the City can avoid
paying rebate on the reserve fund during the two year
construction period, which would save $4,000 to $7,000.
October 7, '1997 City of Iowa City Page 3
e. Resolutions.
(1)
· CONSIDER A RESOLUTION AUTHORIZING THE MAYOR
TO SIGN AND THE CITY CLERK TO ATTEST THE
RELEASE OF LIENS ON THE PROPERTY LOCATED AT
628 SECOND AVENUE, IOWA CITY, IOWA.
Comment: The owners of the property located at 628 Second
Avenue, received a $5,048.16 loan through the City's
Comprehensive Rehabilitation Program on May 29, 1992. The
financing was in the form of a Disclosure Statement and a l O-
year, no-interest, Depreciating Promissory Note and Financial
Statements (UCC2 and UCC4). The terms of this loan were paid
off on September 19, 1997; thus, the lien can now be released.
(2)
CONSIDER A RESOLUTION ACCEPTING THE WORK FOR
THE SANITARY SEWER AND WATER MAIN PUBLIC
IMPROVEMENTS FOR LOT 5 OF WALDEN SQUARE, PART 2.
Comment: See Engineer's Report.
(3)
CONSIDER A RESOLUTION
MAYOR TO SIGN AND THE CITY
SANITARY SEWER EASEMENT
WALDEN SQUARE, CITY OF
AUTHORIZING THE
CLERK TO ATTEST A
AGREEMENT FOR
IOWA CITY, IOWA.
Comment: Pursuant to a site plan for Lot 5 in Walden Square, Iowa
City,- Iowa, a sanitary sewer line was installed to service the
additional development within the subdivision. The proposed
Sanitary Sewer Easement grants the City an easement which
follows the area of the public improvement installation. This
Resolution authorizes the execution of the Sanitary Sewer
Easement Agreement necessary for the City to acquire easement
rights 'for the installed sanitary sewer.
Correspondence.
(1) JCCOG Traffic Engineering Planner:
(a) Parking Prohibition on the East Side of Scott Boulevard
(2)
(1)
Civil Service Commission submitting certified lists of applicants
for the following position(s):
(a) Building Inspector
of City Streets and Public Grounds. (all approved)
Reeni Brakefield (DVIP "Flowers Down the River") - October 28
Use of City Plaza. (all approved)
(1) Eugene Bilyk (ISKCON distribute literature) - September 22-27
(2) John Murphy (Johnson County I-Club Pep Rally) - September 25
END OF CONSENT CALENDAR.
October 7, 1997 Page 4
City of Iowa City
ITEM NO. 6.
PUBLIC DISCUSSION {ITEMS NOT ON THE AGENDA).
ITEM NO. 7. PLANNING AND ZONING MATTERS.
Consider a motion setting a public hearing for October 21 on the
Comprehensive Plan, including the South District Plan.
Comment: At its September 18 meeting, by a vote of 6-0, the
Planning and Zoning Commission recommended approval of the
Comprehensive Plan, subject to the addition of language regarding
1) information technology, and 2) consideration of traffic issues on
existing streets in the annexation policy of the Plan. The Commission
also recommended approval of the South District Plan by a vote of
6-0. It is anticipated that Council will continue the public hearing to
November 11 to allow discussion of the Plan with the Planning and
Zoning Commission on November 3.
Action:
Consider an ordinance amending the Zoning Chapter by changing the
zoning designation from RS-5, Low Density Single-Family Residential
to OPDH-5, Planned Development Housing Overlay Zone, for 3.63
acres located east of Somerset Lane and south of Wellington Drive.
(RE Z97-0012) (First consideration) (/~,)~__~~~ ~~__,~/x~
Comment: At its August 21 meeting, by a vot6 of 7-0, the Planning
and Zoning Commission recommended approval of the rezoning and
preliminary OPDH plan. Staff recommended approval in a report dated
August 7.
October 7, 1997 City of Iowa City Page 5
Consider an ordinance amending the Zoning Chapter by conditionally
changing the zoning designation from RM-20, Medium Density Multi-
Family Residential, and RS-5, Low Density Single-Family Residential,
to OSA-20 and OSA-5, Sensitive Areas Overlay Zone, for
approximately 1.9 acres located at 1122-1136 N. Dubuque Street.
(REZ97-0003) (Second consideration) (~_~ ,~,~
Comment: At its September 4 meeting, by a vote of 6-0, the Planning
and Zoning Commission recommended approval of the rezoning and
Sensitive Areas Development Plan subject to conditions. Staff
recommended approval subject to conditions in a memorandum dated
August 15. Applicant has requested expedited consideration.
Action:
Consider a resolution approving the final plat of the Scott-Six
Industrial Park, a 140.5 acre, 42-1ot commercial/industrial subdivision
located at the northeast corner of Scott Boulevard and Highway 6.
(SUB97-0018)
Comment: At its September 18 meeting, by a vote of 6-0, the
Planning and Zoning Commission recommended approval of the final
plat, subject to conditions. This recommendation is consistent with
the staff recommendation contained in the September 18 staff report.
It is anticipated that all conditions will be met prior to the October 7
Council meeting.
Action:
Consider a letter to the Johnson County Board of Supervisors
recommending approval of a conditional use permit for the extraction
of sand and gravel from property south of Iowa City and West of the
Iowa River. (CU9706)
Comment: At its September 18 meeting, by a vote of 6-0, the
Planning and Zoning Commission recommended approval, subject to
conditions specified in the September 11 staff report. Staff
recommended approval with conditions in a' report dated
September 11. ~
Action: 7~.~//~ '~
, _ t
#7d page 1
ITEM NO. 7d Consider a resolution approving the final plat of the Scott-Six Industrial
Park, a 140.5 acre, 42-1ot commercial/industrial subdivision located at the
northeast comer of Scott Boulevard and Highway 6. (SUB97-0018)
Nov/ (Reads agenda item #7d).
Kubby/ Move adoption.
Norton/ Second.
Nov/ Moved by Kubby, seconded by Norton, that we adopt this ordinance. I'm
checking, are all conditions met?
Eleanor Dilkes/ The legal papers are approved with the small exception that the Strebs
are buying a small portion of land on contract, and we need to get the contract
under signature, but I don't think that's a problem.
Nov/ Okay.
Dilkes/ So I think you can go ahead.
Kubby/ And we talked last night, one of the conditions is getting approval for the stream
relocation plan from the IDNR, that there's not enough funding to really get them
moving quicker, that the Strebs are going to write a letter asking for some
expedited consideration of those plans and that the City, we decided last night,
wanted to send a letter in support of that moving up of this plan so that we can get
going.
Nov/ Okay. We'll coordinate so that we can get those letters together.
Kubby/ I'm glad we could find a way to get the access taken care of so that the Strebs
could get the kind of lots they wanted, and we got the safety factor in the road the
way we needed to.
Vanderhoef/ I'd just like to acknowledge the Strebs for all the work that they've put into
this public-private partnership, and the risk that they take in a community effort
that we all recognize as something we've wanted and needed for a very long time.
And thank you Strebs.
Baker/ This is another example of the private and public community working together.
This project first was a no-go, and through the diligence of the Strebs and the City
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staff, they came together and got this project completed, and I'm glad to see it go.
Thank you very much.
Nov/ Yes, compromise works sometimes.
Baker/ Absolutely.
Thornberry/Sometimes.
Nov/ Anything else? Roll call- (yes). We have approved this resolution.
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#7e page 1
ITEM NO. 7e Consider a letter to the Johnson County Board of Supervisors
recommending approval of a conditional use permit for the extraction of sand and
gravel from property south of Iowa City and West of the Iowa River. (CU9706)
Nov/ (Reads agenda item #7e). We need a motion.-
Thornberry I'll make the motion.
Lehman/ Second.
Nov/ Okay, it is moved by Thornberry, and seconded by Lehman that we send this letter
to the Board o£ Supervisors.
Baker/ Comment. Would you--
Nov/ Yes.
Baker/ I would like to ask if there was anyone in the audience that would like to, since
the previous said public discussion items not on the agenda, and this is on the
agenda, we have not heard from any of the neighbors in the area. If it does not
say that, that you can come up and talk about this, this is not a public hearing, but
I would like to open it up to the public.
Nov/ Well, just, with some reservation. Will Mary Kay Hull come forward? Is she
here? I phoned earlier and I understand that you and I didn't quite connect, but I
have heard that you might be willing to answer questions from the Council about
the information that the neighbors have on this. Would that be okay?
Mary Kay Hull/ I will try. However, Naomi, I would like to say that I have not been to
all the meetings. I think the better representation might be Mrs. Gill or Mr.
Walton.
Kubby/ Well, actually, I lmow, not all neighbors may have the exact same perspective.
If there are neighbors who have come expecting to speak, I would like to hear
briefly from each.
Nov/ Well, we have read your letter and the Tardy's letter, and we understand, we think
we understand, all of the concerns that the neighbors have. And yet, when we
read these letters, we've had some questions at the last City Council meeting. So,
if we ask questions, and you say gee, I don't lmow the answer, we'll understand
and we'll ask someone else. But, this is not truly a public hearing and we don't
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expect people to come up and tell us exactly what we've read in the letters, which
has happened at some public heatings. That belongs to the County level. All we
can do is say that we approve or we disapprove, and we would like to lmow that
we have the correct conditions, and we would open this for Council members to
clarify. I lmow that we had some questions yesterday.
Thornberry/ If we could start with the questions that we had last night and then perhaps
proceed.
Nov/ That's just what I was thinking. Okay? And does anybody want to start? Norton?
Norton/ I'm happy to start. I've got what, thirteen questions here, so I probably won't
get to all of them.
Nov/ Well, at least give someone else a turn.
Norton/ Yes, I'll give somebody else a turn.
Hull/ Dee, that's an unlucky number.
Norton/ Let me ask, according to your letter, I thin/c, this was A2 back in, I understand
this is a County problem, but I'm concerned about it --
Hull/ Right.
Norton/ Because it's close to the City and it raises some principles that are pretty
important. It was A2, that's bizarre. What's permitted in that zone?
Hull/ Well, what's interesting right now, it's not A3. At A2, we were able to have
residence there. If you look at the County zoning as I understand it today, A3
means we don't have the rights of having residence there, even though our
residence is there. In any other part of the County of the City, you would find that
if indeed you were living within 1000-feet of a residence, you would not see a
sand mine. Okay. So on one hand, we're being told we're residents, we're
paying residents' taxes, but it's real frustrating to me, Dee, as to how we got from
A2--
Norton/ But just to follow it up a little, if it were A2 as it had been earlier, prior to 1985,
then it would have to be 1000 feet away.
Hull/ That's correct.
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Norton/ Under A3, it only formally has to be 50-feet away, is that correct?
Hull/ I have no idea.
Nov/ It is, yeah. That is.
Norton/ I just wanted to be sure --
Nov/ And one of the conditions on our recommendation was the --
Norton/ Again they're talking about moving it to 100.
Nov/ Our recommendation was 100, yeah.
Norton/ But I'm interested in moving it further.
Nov/ Well--
Hull/ So am I.
Norton/ For the residents, for example.
Hull/ So am I.
Norton/ Because, to recognize that change of zoning that was jumped on you in 1985 or
something like that, it would seem to me a reasonable thing perhaps to consider a
larger buffer to accommodate some of those concerns. But, go ahead. I've got a
lot of other questions, but someone else should take it now. Thank you.
Nov/ Well, Karen, did you have anything that you wanted to say?
Kubby/ Well, I don't have a question for Mary Kay. I have a lot of more technical
questions at this point. I think, I went out there and spoke with some of the
neighbors, and I think I understand, and read the letters. I'll wait for the teclmical
questions.
Nov/ Okay. Ernie, did you have something?
Lehman/ (Can't hear).
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Nov/ All right. I had some concerns about wells and septic systems. I assume that each
of these residences has their own well and their own septic system?
Hull/ That's correct.
Nov/ And at this point, you have not had any problems?
Hull/ At this point, we have not had problems.
Nov/ Okay. I've always had this concern about a well and a septic system in the same
backyard.
Hull/ We've had no problems. You have to put your septic tank on one end of the
property and your well, pretty much of course, on the other end, to have the --
Kubby/ How deep is your well?
Hull/ Pardon me?
Kubby/ Is there a standard depth in that neighborhood, for the well?
Hull/ Mine is a sand-point, Karen, and so it went down, back, my father worked for
MoreTrench out of Illinois, and put that well in many, many years ago, probably
in '85, maybe '83. There are deep wells down there as well --
Kubby/ You lmow how deep your sand-point is?
Hull/ My sand-point's about 27-foot.
Kubby/ Okay.
Nov/ So it would be deeper than the sand that they're talking. I think they said the sand
was 20 or 21 feet deep.
Hull/ You lmow, that's hard for me to understand, too, because your water, you don't dig
down 27 feet and there's your water, it goes through and filters through sand and
what have you. And so when you begin to mess with that, I have questions about
the well, yeah. I don't lmow. I'm not a --
Kubby/ Okay.
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Nov/ Did you have any concerns about the septic system?
Hull/ I have no concerns about the septic system. I have concerns about the safety, in as
much as it's 50 feet as proposed, and I have three grandchildren that are beautiful
and I sure don't want them running into one of those sand pits.
??/ (Can't understand).
Nov/ Even if it's 100 feet.
Hull/ Pardon me?
Norton/ You've got the river on the front, don't you?
Hull/ Oh, the river's on the front, and I've got a fence on the front, Dee. Clear down
there. But, it's one thing to let your children out in the back yard or in the front
yard with a fence around it. It's another thing to let your children out in the back
yard while you go into the restroom and find them 50 feet --
Baker/ Aren't there open well, three open wells there now?
Hull/ Pardon me?
Baker/ Aren't there three open wells --
Council/ (All talking).
Hull/ Open pits, they're out from us, yes.
Audience/ (Can't hear).
Nov/ Just a sec. Is this closer to your house than the current open pit?
Hull/ Absolutely.
Norton/ Oh yes.
Nov/ Okay, okay. Anyone else over here have any questions? I don't want to
monopolize.
Baker/ No.
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Nov/ Okay. We also had some technical questions, which I assume that S&G Materials
will have to answer. But if anyone in the neighborhood has different answers
from what we've heard here, would you like to answer our questions differently?
Hull/ Did you get the points that the group -- and the letter?
Council/ Yes.
Nov/ Yes, we have read all of the materials. That's why I'm saying we may have
questions after reading all of the materials, but we don't need you to tell us what's
in there --
Hull/ Thank you.
Nov/ We've heard it.
Hull/ Thank you, Naomi.
Nov/ We've all understood.
Thornberry/And I think all of us have been out there.
Hull/ You have been out there.
Nov/ Some of us have. I'm not sure everybody did, but yes, some of us have been out
there.
Hull/ You didn't knock on my door.
Nov/ True.
Kubby/ Well, some people were out with the applicant, and some people went out with
the neighbors, and some people may have done both, so --
Hull/ Oh, okay, okay. All right. Thank you very much for listening and reading the
letter.
Thornberry Yes.
Walton/ If it would help you, I have a map of the area.
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Nov/ We have seen it.
Thornberry/ We've got the maps here.
Nov/ Yeah, we've seen the maps.
Walton/ You've got the map with the water --
Nov/ Yes, we've seen the map.
Thornberry Yes.
Nov/
Okay. We've probably seen as much of the written materials and you lmow,
pictures, as we can see at this moment. Is there anyone else who has different
answers to these questions?
Marietta Gill/ I do.
Nov/ Please come forward.
Gill/ I live -- my name is Marietta Gill.
Nov/ Would you sign your name and address, please?
Gill/
Okay. My name is Marietta Gill, and I just have a couple of questions that I would
like answered to safety. I live on the different angle of the river. We all live in
the same area, we're like this peninsula. But somehow we all are there. And I
live on Ocean Boulevard, I live on Camino Del Rio. I represent every house-
owner and landowner there, and on Ocean Boulevard. My concerns are safety,
because there's children that can walk to this area, and if they're not protected.
There's a school bus that children board where these heavy trucks are coming, and
I question are they safe?
Nov/ Okay.
Gill/
That's my only questions, because basically, that is the only way to get to my
house. I have to go down Isaac Walton Lane, and that is the only way. So, I have
grandchildren that have just moved back into the area. They're right across the
street from where these trucks are going. So I'm very concerned about safety.
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Thornberry/ More involved with the safety from the trucks as opposed to the water, is
that correct?
Gill/ My well's on my side are between 13 and I think one of the neighbors told me his
was only 9. I think 9 would be an exception, mine's 13.
Nov/ Thirteen feet deep?
Norton/ (Can't hear) open water around there now, so --
Thornberry But you're more concerned for the safety for the children from the road as
opposed to --
Gill/ Yes, and one other problem is we have some existing pits that are there --
Thornberry Yes, ma'am.
Gill/ And Mr. Barker and Mr. Albright were there one time before, and those pits look
very sad. And I fear, those become a party pit in the summer, and little children
love to walk over those pits and look down. And I don't want anything to happen
to no child.
Nov/ Okay. We understand that concern.
Gill/ Okay.
Nov/
We've all read this, and we understand that. We understand there are pits there
already. There's a river there already. And people with children are going to be
very careful in that kind of a neighborhood. One of my concerns, that I'm not
sure we can address as a condition, is the speed limit in that area. I called the
County Secondary Roads Department, and they said that area is not posted. The
Isaac Walton Road, or other small roads, are not posted. And within the County,
the rule is anything not posted is 55 miles an hour. And I would like us to
consider the possibility of recommending that they post this for 35 miles per hour,
or 25 miles per hour.
Kubby/ Yeah.
Nov/ Because there is a school bus, and there are kids waiting there, and --
Kubby/ And it's gravel --
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Nov/ We want the trucks to be careful.
Thornberry/ That school bus must heed that, also. Because the school bus was going
considerably faster than that coming down.
Nov/ Well, I think school buses --
Kubby/ Faster than 55?
Thornberry/ No. That's the 35.
Nov/ Yeah.
Thornberry/ I would --
Gill/ I just want to say thank you for listening, okay?
Nov/ Thank you for coming.
Thornberry/ No, she said, if there was a posted speed limit of 35, Karen, I saw the school
bus coming down there considerably faster than that.
Kubby/ I understand that.
Thornberry/ Not 55.
Kubby/ I understand.
Thornberry/ Okay.
Nov/ Trucks may or may not go as fast as 55, but I think that road is so small, and it ends
up in two different private roads --
Thornberry/ Yeah, yeah.
Nov/ And, I know that the folks who have talked about putting in the sand pit have
talked about putting in a way for a school bus to turn around, which is a valid
consideration. We can put that condition into it without any trouble. I'm not sure
however, if we can ask the County to put up the different speed limit on that
street, but I think it's worth questioning.
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Kubby/ Although, I guess I do want to say that understanding the willingness to put in a
turn-around doesn't really deal with the inherent conflict of residential traffic and
industrial traffic on a road, even if there's dust alleviation, and kids waiting. That
even fithere is a place for kids to wait, there's still an inherent conflict there, that
I'm not quire sure is resolvable.
Nov/ It may not be --
Kubby/ Mitigated.
Norton/ It might be. I'd like to ask a question --
Nov/ Mitigation is probably the best you could do in this kind of circumstance.
Norton/ Well, I'd like to ask a question in that regard. I don't lmow who can answer this,
maybe Bob or somebody. How does the mobile home park get to their lagoons?
Audience/ (Can't understand).
Norton/ Do they come in the same way and -~
Thornberry/ Somebody's got to come to the microphone.
Nov/ You have to stand at the microphone. We're required by law ~-
Norton/ I don't know who --
Nov/ To record every word.
Norton/ So they come in the same way.
??/They come in the same easement.
Norton/ I was just hoping that there was something further south, you understand, that
was closer to 923, and you could sneak out very easily without overlapping of the
Isaac Walton Road.
Kubby/ Right, that'd be great.
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Norton/ That would be really great, and it'd be a considerably shorter distance out to
923.
CHANGE TAPE TO REEL 97-149 SIDE A
Kubby/ I'd like to hear those details. People are saying that, you lmow, going through
the Frank's properties is impossible.
Norton/ That would separate the traffic and everything else.
Thornberry I understand that that could be done, and they could put a road out, out there,
but the neighbors kind of wanted Isaac Walton Lane to be surfaced, and they were
going to surface Isaac Walton League Road.
Norton/ I understand that, but it'll still leave the traffic complaint.
Kubby/ I think they were saying --
Audience/ (Can't understand).
Lehman/ Microphone.
Nov/ Would you like to come to the microphone and state your name and address?
Roy Walton/ I'm sorry, I don't like to interrupt. My name's Roy Walton. I live at 4520
Oak Crest Hill Road SE. The seven points that are part of the program, the road,
the bigger bond, and all those, are my idea. I met with Mr. Barker, and Mr.
Allbright, and these, you've got to understand, are not personal things. Because I
respect and like both the gentlemen. I thought maybe, between the two groups,
there might be a middle ground. And I personally took it on myself to go talk to
them, get these seven points down. I turn around and ask the group who was
opposing it if they were interested in this, if this would make them feel better. I
got a resounding "no". So, it wasn't done as a group leader, it was done as Roy
Walton personally. I suppose I'd better sign this.
Nov/ Thank you.
Thornberry/ Were there seven items or ten items?
Walton/ There were seven.
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Nov/ There were ten, eventually, I think.
Walton/ Well, I'm not denying that. I'm saying the original seven items were mine.
Nov/ (Yes).
Walton/ And, when I talked to them that day, the agreed it. And before, I think part of it
didn't help, before I could even approach the people that come out with their
petition with seven items. And that kind of made me look like a turncoat, you
lmow? And I wasn't real happy about it, but I understand the problem they have.
I understand they don't get sand they're out of business. I also understand they
had sand on the City property and you guys bought them off and moved them out.
Now, I understand why you did it. I had a long chat with your Public Works
Director about water and sand. Unfortunately, they're both found in the same
exact areas. And where there's sand, good sand for a sand pit, there's good water,
and that's why you ended up buying the property behind the Elks. And I can
understand, Iowa City has to have water. But Iowa City has to have sand, also,
and I guess one of the questions that I don't see any reason, if all the wells are
deep on the north side of the Interstate, why this group can't go back in there and
mine the rest of the sand, which is three or four years of sand, of much better
grade than they'd get down here. And maybe they could take the royalties and
give it to the City and reduce the water bills that all the old people are not going to
be able to pay, along with the sewer bills.
Norton/ I think it's something we ought to look at.
Walton/ The other factor that enters into this on this map, is this sand, once it's piled on
top of the ground, after it's excavated, you are in a flood plain in a flood wake.
This sand would have to be raised up and I'm not sure the DNR will let them do
that. Even minor flooding will pick this sand up, move it downstream, and I live
south of them, there's a lot of other people. The trailer court, when it's got heavy
rains, we get a water coming, the ditch fills, we get three-foot of water down the
waterway behind my house and across my property. Well, if this sand comes
from there, and a flood, and fills all those ditches, who's going to pay to clean
them all out? And if they're plugged, as in '93 when they got plugged because of
the trailer court, my basement was full of water and so was my neighbor's. And
so, all I'm saying is there's a lot of far-reaching problems there. I don't lmow
whether they can ever even be overcome, but if that sand moves south and plugs
all the waterways, the trailer court's going to flood, my -- two of my neighbors'
houses are going to be, one of them will probably be halfway under water,
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because it's you lmow, in '93, I had sand bars from this light and this pole, to 70
feet long to 14 feet high. I had a large group of earth-moving machinery in there
for three and a half weeks at almost $100,000.
Lelunan/ I'd like to ask a question
Walton/ Sure, I'm sorry, I got, I didn't mean
Lehman/ Do you live in the floodplain?
Walton/ No, sir. I'm up on top, next to the railroad, right across from the trailer park.
Lehman/ A lot of us had water in '93.
Walton/ I understand that. I understand. But the river down there where this sand pit is
at is at the back of the bend. Now, the lady from California that owns the trailer
court who I talked to this afternoon, which is fed exing a letter back to the City
Council, just spent over $250,000 on, my mouth's getting dry, on the sewer plant
down there. She's also afraid of the flood damage and the washing and the
erosion to a new plant. And if we take that sewer plant out, we dump 30,000 or
40,000 gallons of sewer on the ground, plus you've got to evacuate that trailer
court, because there won't be no sewer there.
Kubby/ Yonr point is not that it would take a '93 flood to cause some problems, but a
smaller rain event.
Walton/ That's right. Even minor flooding, you lcnow, very minor flooding, anything
that goes over the bank, picks sand up, moves through the trees, it's like a snow
fence. The snow drives down, it goes through a snow fence and it drops. Okay,
there are two main channel waterways behind Mr. Williams' property. And if
those fill, it starts backing up. And the second one is the one for my house. And
if it starts backing up, and it, you know, it would cause a flood without any '93
flood, and eventually backs up to fill the ditches with water and the trailer court
can't get rid of the water, you've got the same problem.
I<ubby/ Maybe we could hear from
Norton/ Somebody from the project, yeah.
Kubby/ Talk about how much stockpiling there would be, where it would move to fi'om
time to time, as you excavate in the different cells.
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Norton/ Someone should respond to that, yeah.
Nov/ Mr. Barker?
Kubby/ And I don't lmow if any staff has maps, if that would end up being helpful?
Robert Barker/ I'm Robert Barker. First of all, I'd like to thank Roy, because he gave a
very accurate description of our attempt to compromise this, and he was speaking
for himself, and we do appreciate the effort.
Nov/ Please talk to the microphone.
Barker/ And we tried to relay that.
Nov/ Not too close. It's okay, just turning your head means we don't hear you.
Barker/ I'm sorry, I just wasn't -- we do thank you for his efforts, and we did make some
sincere effort to compromise on that. And anyway, I'd like to ask Lon Drake to
answer these environmental questions, because he's much more attuned to it than
I am. Thank you.
Nov/ Okay.
Barker/ Any other questions?
Norton/ Oh, there's lots more. But we'll --
Nov/ We'll let you sit dow~ for a while and Lon Drake can talk and we'll ask you some
more questions.
Lon Drake/ Lon Drake, at your service.
Kubby/ Now, my question was --
Nov/ Can you talk about the flooding problems, and whether these flooding problems are
magnified with this kind of a sand pit?
Drake/ I believe that the flooding problems that were experienced in 1993 by the folks
down there would've largely been experienced by them were there no sand pits or
were there 50 sand pits. I don't think the sand pits had very much to do with it.
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But because the river handles immense amounts of sand during the floods, and
you only have to go to places where there are no sand pits, and find immense
sandbars, immense cut and fill, and this is happening all tip and down the river,
from almost Minnesota, down to the Mississippi River. And I don't think this is
particularly unique to this spot.
Nov/ Is it tmique to --
Norton/ Is it exacerbated by a mound, if sand is temporarily left piled?
Drake/ If, if--
Norton/ Or some of the silt, or other things that are piled up?
Drake/
If there were a large quantity of sand stockpiled out beside the river, I thinic it
could create a problem. However, my understanding is that the people who are
mining the sand are going to stockpile it on the inland side, until it can be sold.
So it won't be right next to the river. And so I don't believe it's going to be a
problem.
Nov/ Lon, do you lmow if anyone is going to monitor compliance with that kind of
thing? I mean exactly where the sand piles are, exactly the distance between here
and there that are in the conditions?
Drake/ I don't know if anyone is prepared to do that.
Nov/Okay. You haven't heard from anyone at the County level who was planning to do
that?
Drake/ Right. I don't believe there's, I don't believe anything has been set up to inspect
it.
Nov/ Okay.
Drake/ At some periodic time such as six months or whatever.
Nov/ I
was thinicing about putting in that kind of condition, because we can accept the
word of S&G Materials that they are going to do this, but the neighbors may feel
much more comfortable if we say there is a County Official, you know, a County
employee that's checking this kind of thing. And I wondered if you had heard
about that.
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Drake/ I don't believe that's ever been established. I think it would be a very reasonable
sort of thing to do. Like have a six month inspection, or an annual inspection, or
something like that, to make sure things are where they're supposed to be.
Lelnnan/ What effect would the presence of this operation have, say during a four- or
five-inch rain, you know, a really hard rain, and probably a five- or six-inch rain
in five or six hours?
Drake/ I don't believe it would be any different than if the sand pit weren't there.
Lehman/ You're saying the impact of this operation probably would not change during a
cloudburst?
Drake/ That's right.
Lehman/ Okay.
Vanderhoef/ Could you give me a description, just very simply, of when they keep
talking about a blowout, and what it does to the flow of the river?
Drake/ Could I show you a picture of it?
Vanderhoef/ You may do that.
Audience/ (Cma't understand).
Vanderhoef/ Okay.
Lelanan/ While you're getting those, just let me say that this is not, this project is not in
the City Limits of Iowa City, it's in the County. And the only reason that it's
being brought forth to the City Council is because it's in the two-mile fringe. )dad
we can say whatever we want to say, and the County can still basically do what
they wish. So, it's not a pass and adopt as far as the City's concerned, it's a
County thing. Now, --
Nov/ It's recommending.
Lehman/ If it's --
Nov/ Because the --
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Lehman/ That's right. Because if it's a recommendation from the, if it's a
recommendation against having this sand plan, then I --
Kubby/ Dee.
Lehman/ Then I understand that the County would need a simple majority --
Baker/ Four to Five.
Kubby/ Yep.
Lehman/ Is that correct?
Nov/ Yes.
Lehman/ And, with a letter saying that we agree with the sand operation there, what does
that mean to the County, as far as the County's concerned?
Kubby/ It means just a regular majority, unless there is a sufficient number of protests
from surrounding property owners to the County. And I don't know what those
figures are, if they're the same as the City's. I don't know if Eleanor or Karin,
where'd Karin go, if Karin lmows.
Lehman/ I guess it's a legal issue.
Nov/ It's their zoning ordinance.
Kubby/ They do have a provision --
Nov/ They're required to ask us. You know, it's in the -~
Dilkes/ The zoning ordinance says that they'll notify you, and if you oppose it, then
they're required to pass it by simple majority.
Lehman/ Okay. What effect does an affirmative action by us have?
Dilkes/ I'm sorry, Ernie, I didn't hear.
Lehman/ What effect does an affirmative action on the part of the Council have, as far as
the Board of Supervisors is concerned?
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Dilkes/ No effect. It wouldn't change the majority, I mean, they'd have to pass, they'd
still have to pass it, but not by a simple majority.
Lehman/ But there's no legal effect?
Norton/ No.
Nov/ No. They can listen to our recommendation, or they can ignore our
recommendation.
Lelunan/ Right.
Dilkes/ You're not issuing the permit, the County is.
Kubby/ But it doesn't mean that, I mean, since it does come before us, we have a
responsibility to explore the issues, and understand what we're voting on, and
make a judgment.
Nov/ Correct.
Lehman/ All right.
Nov/ And as I say, they're required to ask for our recommendation. We're required to
think about it before we make a recommendation.
Kubby/ I mean, in a certain way, it's, for me, there are just so many things I haven't put
all together yet, that I'm feeling like I need more time to understand what all the, I
see some very kind of obvious ramifications pro and con, but what I don't have
time to contemplate are the less obvious ones. And I'm feeling like this, getting
information on Friday and make a decision on Tuesday, is difficult, with this kind
of potential conflict between uses.
Karin Franklin/ Just a procedural point. You do not, you are not required to make a
recommendation to the County. The County is required to notify you, and you
may make a recommendation, or not. If you do make the negative
recommendation, it's the extraordinary majority vote. But you can also choose to
make no recommendation.
Nov/ Okay, so we're required to reply.
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Franldin/ No, there's nothing in the code that says you are required to reply or that they
must wait for your reply.
Nov/ Is there something in the fringe area agreement that requires us to reply?
Franldin/ No.
Nov/ Okay.
B~er/
Karin, while you're up there, can you sort of refresh our memories about, what is
our purview here when we're just, not just this particular issue, but fringe
agreement things, but when we're reviewing firings within the fringe agreement
within the fringe area, what is the extent to which we can, the standards that we
can apply to projects outside of the City Limits? If this is a permitted conditional
use in the County, there are certain standards, I assume, that have to be met. Is
that what we're restricted to in our evaluation?
Franldin/ Our codes, the Iowa City Municipal Code, does not speak to the issue of
conditional use permits, or your review of them in the County. The way that you
are getting the authority to look at this at all is through the Johnson County
Zoning Ordinance. We have always, in the past when we have reviewed
conditional use permits then, used the criteria that are in the Johnson County
Zoning Ordinance. Now particularly, that is true if it is something that is outside
of our growth area. And these are always within our two-mile extra-territorial
area, which understand, those are two different things. You can bring to bear on it
then, I suppose, any particular criteria that you choose, since our law is silent on
it, and I'll defer to Eleanor on that, certainly. However, I think that you need to,
when you impose any conditions, if you are going to do that, impose only those
conditions that are relevant to the use that you're considering. And be very
careful about that, just as when you impose conditions on rezonings, they should
be the consequence of the rezoning, and not something extraneous.
Norton/ We can recommend restrictions, because we don't get to impose them, we just
recommend them.
Franklin/ Correct, that's correct.
Lehman/ Okay.
Nov/ So, something like having a County employee monitor compliance is certainly
directly connected.
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Franldin/ Yes, yes it is. You're speed limit question, I think, if it is an attempt to address
an existing problem there, then it is not appropriate. If it is an attempt to address
an issue that is going to come up as a consequence of the sand pit, that is the
speed of the trucks, then it is appropriate. And again, it's a suggestion that you
are making to the County.
Baker/
I guess my question is based upon this concern I have that we're analyzing, we're
doing a lot of work that the County ought to be doing, and should be doing, even
after we have this discussion. But, what are the grounds that we can say no to
this, if indeed they are, the applicant is following the regulations in place by the
County. I mean, are we imposing, do we have the right to impose our own
standards and then say no?
Dilkes/ I think what Karin said is accurate. Clearly, you're, if you stick to the conditions
in the Johnson County Zoning Ordinance, then there's not going to be any
problem, if you look just at those conditions. If you go beyond that, as Karin said,
and look at the effects that this particular project will have, things that you
normally look at in terms of zoning, for instance, I think that P/Z recommended
that there be 100-foot setback and the County zoning ordinance required 50-foot
setback. I mean, that's a reasonable thing to recommend. Again, it's just a
recommendation. But, I think that clearly, they can't be arbitrary, and they can't,
they have to be related to the effect that this project is going to have on the
surrounding area.
Franklin/ I think you probably have to be cautious about the denial option because of the
weight that has, than you do, even though you still have to be cautious and
prudent about it, the conditions which you place.
Baker/ Okay. Then one quick clarification about the zoning change in 1985, when it was
changed from A2 to A3. That was the change in '85?
Franldin/ I'm going by the letter. I don't know that to be a fact, however, I do lmow in
1985, or in the mid '80s, that the County adopted the Floodplain Ordinance, and
what is written in the letter jives with that recollection.
Baker/ Okay. It's the floodplain condition, not so much the residential
Franklin/ The reason that it was rezoned, if in fact it was rezoned to A3, which I think is
probably correct, it would have been rezoned to A3 because that is a floodplain
district zone. And --
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Baker/ The question I raised last night was how long has a sand and gravel operation
been a permitted conditional use --
Franldin/ Conditional uses came into the County Zoning Ordinance, according to the
County Zoning Office, Planning and Zoning Office, in 1980.
Baker/ Okay.
Franklin/ The residences were established there with the Zahner subdivision in 1959.
Baker/ But prior to 1980, was, would this kind of operation have been permitted in this
kind of location? That's my question.
Franklin/ I don't know the answer to that question.
Kubby/ And they have to leave a 1000-foot buffer.
Baker/Okay, thanks.
Kubby/ If it indeed was an A2.
Franldin/ If it were permitted, yeah. But the question was not where, but in 1980,
whether there was a provision in the code for sand extraction as a conditional use.
Wasn't that the question?
Baker/ Right.
Nov/Well, I think that may have been the A3 zoning, because it was a floodplain zoning,
it may have required conditionals.
Thornberry What was the Steven's Sand and Gravel, when was it started, and what was
its zone at that time? The one on, next to Sand Road?
Bill Sueppel/ My name's Bill Sueppel. I'm here on behalf of S&G tonight. I'm
substituting for Bill Mearden who, as many of you know, became ill today. I
want to get a little bit of clarification on this issue ofrezoning. It is my
understanding there was no rezoning. There was a preliminary study at one time
that said that this property probably should be zoned as A2. It's my
understanding the County went and adopted its first County Zoning Ordinance in
1962, did not zone this property as A2, and it was never zoned. That's my
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recollection, just going back historically as Iowa City Attorney, in Iowa City, in
1961-62, and we adopted a massive comprehensive zoning ordinance for Iowa
City. Up until that time, the County had no zoning ordinance. So what you did in
the County, you simply went out and you did it in the County. And in '62, after a
study, they adopted their first zoning ordinance. Now, I, I just, it's my
recollection that this property was not formally ever zoned as A2. I'll have to
check the record now, and I just didn't have time today to go down. But, it's
simply a matter of checking the record and seeing how it was zoned in 1962 when
it came into the County. Whatever the case may be, and I believe it was zoned at
A1, not A2, but whatever the case is, which is by the way, agricultural, but
whatever the case is, in 1985, they adopted an overlay zone, a floodplain zone,
just like you did. Basically saying, they didn't want residences in this area, and
with all that had to go with it. Prior to that time, apparently in 1980, when they
adopted this conditional use system, one of the conditional uses that was
permissible on agricultural land, was mineral extraction. This happens to be a
sand pit. And there have been a lot of good questions here tonight about your
role, and they're not all easy. But the essential thing to remember is that this is
not a request for rezoning. This issue, there is a Comprehensive Plan. And the
County followed its Comprehensive Plan, and zoning, and sand has been allowed
there at least since 1980. I think it was allowed there prior to that time in an
agricultural zone. Before the A3 ever came along. Furthermore, the County
studied, on each of these conditional permitted uses, the County set up its
standards that you would have to meet in order to be allowed to use the property.
So, it's very similar to zoning. You make the decision that a particular piece of
property is zoned whatever. If I have a use that falls within those permitted uses, I
don't come and ask for permission and a hearing about doing that, because I have
met your standards, a building permit will be issued to me. I believe it's quite
similar on a conditional permitted use. They say these are the standards you must
follow. I think it's A through H or something. And we're prepared to show,
through Mr. Drake, that the County, that the S&G in fact meets all of those
standards, specifically, and exceeds them in many cases. Now, there are a couple
other statements made here tonight that we want to clear up. AS far as the school
bus and children's safety is concerned, of course we're interested in school buses
and children's safety. That's just without question. It's true. I might point out
that we, today, in discussion, we said why, if there's a problem here, why not
recommend to the County that they put a 25 mile an hour speed limit on that road.
That wouldn't bother us a bit. Furthermore, if the County wishes to do so, they
could put a stop sign east and west, so as you're going from the west to the east,
there'd be a stop sign, 50 or 75 feet before the place where the children are
getting, are going to get onto the bus. That would also protect the mailboxes that
are there. We don't think that's necessary, but we're certainly willing to live with
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that. And why don't we think that's necessary? Because these people who are
driving these trucks are licensed under what's lmown as the CDL provisions, of
the United States Department of Transportation. And they're not about to start
passing school buses or running into cars, because they're going to lose their CDL
license. And that is a very, very, very valuable document. And also, we train our
people, as best we can, in matters of public safety. So yes, this is a narrow, a
narrow County road. There will be some truck traffic on it. But if there's a
serious problem about that, we suggest a speed limit and even a stop sign, which
means that coming east, we'd stop, and of course, going west, we'd stop at the
stop sign, before we entered the public highway. Now, to my lmowledge, I wasn't
aware of the fact that there are any houses west of where we're going to come in.
I thought that the houses were mostly east of the area where we're going to come
in. I lmow that there is the Isaac Walton League that's there. I wasn't aware of
any houses that directly came onto that public road. So that's issue number two.
Now, in terms of one of the other questions that we were asked to respond to
tonight, indicated that there was some concern by the City Council, is about
lighting. The only light that's going to be on this area, unless somebody wants
more light, is the lighting in our security light that we have on our building. Now,
traditionally, it was true up on the area that the City condemned north of Interstate
80, these people when they put up an operation usually have a flag, an American
flag flying, if you have it there 24 hours a day, you have to spotlight it. And we
would like to do that, but if you don't want the flag and the spotlight, that's no
major deal at all. We do not anticipate any other lights being necessary at that
operation unless a serious vandalism problems develops and it might be necessary
to put some type of a security light outside. We don't anticipate that. We've not
had this problem on our other sites. Another question that was asked was, is
$150,000 that these people have indicated that they're willing to put up, is that
sufficient to cover the reclamation? And I'll let Lon answer that question. But he
has indicated to me, he faxed a memo today to Joe Bolkom at the Supervisors'
office, that he anticipates the cost of this, if you used commercial persons, if you
did it with a commercial operation, would cost $61,200. Is part of the $150,000
bond intended to be used to fill the two existing pools? No. This $150,000 bond
was suggested before anyone ever raised the question about the existing ponds. If
the neighbors or the County wishes some action to be taken on these existing
ponds, this is a matter for our clients to consider and in all likelihood they'd do it,
depending on just exactly what was requested. Another question, and this has to
do with the flooding. Where will materials be stockpiled on this site? If you have
a copy orlon Drake's report, a green-covered document, and if you would look at
Figure 2, that's on page six, this, the sand would be stockpiled near the building
that would be used to run the operation, and it would be in the northwest quadrant,
northwest quadrant, way over in this area, is where the sand would be stockpiled,
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which will maize it some 1,000 to 1,500 feet from the Iowa River. And that's
where the sand would be stockpiled.
Norton/ And topsoil, I take it.
Sueppel/ Pardon?
Norton/ And topsoil and silt and so forth?
Sueppel/ Yes.
Audience/ (Can't understand).
Sueppel/ Obviously, it would be south of the pit.
Nov/ Obviously south of the pit.
Sueppel/ Of the current pit.
Nov/ Until those pits are filled.
Sueppel/ Pardon?
Nov/ We had some conversation --
Sueppel/ One more thing about that pit. S&G had nothing to do with that pit in any way,
shape, or form. Nothing to do with that pit or the other pit on the western side of
the property. Nothing to do with it. They neither owned the property, leased the
property, operated it, or even bought the sand out of that pit. Okay. It had
nothing to do with that operation. They did have some responsibility for the pit to
the east. But not to that pit.
Kubby/ There's some discussion from a 1987 Board of Supervisors meeting --
Sueppel/ Yes.
Kubby/ There are some minutes where the owners were part of that conversation. Was
that about the eastern pit and not about the northern?
Sueppel/ Yes, it was.
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Kubby/ Okay.
Lehman/ Bill,
Sueppel/ I want to finish here --
Lelunan/ Oh, I'm sorry.
Sueppel/ If I can finish these, Ernie, and then anything. What ldnd of fuel safety
regulations apply? The fuel safety regulations that must be met are those set out
in MSHA which is the mining comparability to OSHA. The mining safety law.
They're much stricter than OSHA. Unlike OSHA, there are actually periodic
inspections of the site to see if there's continuing compliance with the inspection
laws. The fuel that would be used is a diesel fuel. It will be delivered as needed
by tmxlc wagon. The tartic that will be on-site will be about a 300 gallon, self-
contained spillage area, all in accordance again, with the MSHA standards. It is,
of course, 300 gallons is easy to be picked up and moved in the event of a
potential flood. And then, it will be, I don't know what you mean by the question
how will it be handled. Do you mean will we put in an underground storage tank?
No, no, of course not. Something above ground.
Norton/ Something so that if a flood comes, you can take it away.
Sueppel/ Absolutely.
Kubby/ So you're tallring about storing only 300 gallons on-site at any one time.
Sueppel/ Right.
Nov/ And you're talking about this tank being there continually and the truck comes and
fill sit?
Sueppel/ Periodically, sure, yeah.
Nov/ Okay. You're not bringing in a tank and setting it down, and picking it up, just
once.
Sueppel/ Once.
Nov/ Thanks.
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Sueppel/ The trucks will be coming in to fill the tank, I mean the truck would be coming
in periodically to fill the tank, but the tank won't be moved unless, in case of a
flood. Now again, folks, I'm giving you my best shot based on what I've learned
in a relatively short period of time. But I've checked most of these facts out, and
from what I see, they are quite specific. Okay, the final thing, I want to agree
with what both Karin and Eleanor have said, about your role and your obligations
here. This is a County zoning ordinance, not County zoning problem, with a
conditional permit use, which you're not very familiar with here in Iowa City.
They have set standards that we must meet. And it's my understanding that you
check your questions to make sure that we meet those standards. I do believe, as
has been pointed out, that if you want to make additional recommendations, that's
fine. For example, you've recommended a 100-foot buffer zone between any
residential property. I think that's fine. There is one other factor in that 100-foot
buffer zone. Again, if you'll refer to the figure shown on page 15, figure 4 under
Reclamation Design, while I'm going to have Lon answer any of these technical
questions, it is clear that two things are going to happen here. Beginning at the
extreme southeast coruer of our property -- that is being leased by the way, it's not
owned, it's leased property -- going completely up the shore of the Iowa River, all
the way over to the south side of where the residences are, and then up to our
property line on the west side of the residents, there will be a willow buffer zone
of trees created. And of course, we have agreed to have that buffer be 100 feet,
even though the County standard only requires 50 feet.
Kubby/ Was there any discussion about having the buffer be a little bit more than that,
just on that L?
Norton/ Right by the houses. That's my proposal.
Kubby/ More than a hundred?
Sueppel/ No, we haven't. No one has suggested that.
Norton/ It seems to me --
Sueppel/ We go the letter today, we got our copy that says that they do not, the group
does not want to discuss any type of agreements, they simply don't want the sand.
Norton/ These are things we might put in our letter, that's all I'm saying.
Sueppel/ But, those are the questions that you've answered, or that you've asked, and
those are the points that have been raised at various times. It is true, this is the
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only area that, this is a landlocked area. This is a totally landlocked area, except
for the exit road to the north. Now, if Roy would, kind of wanted to give the
County 50 or 60 feet of property across his land, then everybody could come in
that way and we wouldn't have any problem, and we'd be happy to use that road.
Lelunan/ Bill, will this project be having a security fence around it? I know one of the
things we've talked about is safety. Will there be a fence around the pit?
Sueppel/ That hasn't been contemplated at all, to my lmowledge. I really cannot answer
that.
Lehman/ Just asking. Now, with the zoning that currently exists in the County, this is,
it's my understanding, this is a permitted use. Is that correct?
Sueppel/ Absolutely.
Norton/ Conditional permitted use.
Nov/ Yes.
Norton/ We're talking about the conditions.
Lehman/ Yeah, okay.
Sueppel/ It's permitted, provided you meet the conditions, and they're set out under 8.1 I
think it is, A through H, and Lon Drake will talk to you about having met those
conditions.
Lehman/ Well, in reading the staff report, and the report by Lon on the research, or on
the reclamation, it appears, and I'm no engineer, but it appears to me that the
requirements from the State, the Feds, and all of these sorts of things, have been
met. Is that?
Sueppel/ Including in one instance also, the City's, at least Lon made reference, to the
City's Sensitivity Area. Now, we're talking about the extensive forestry that's on
this property. We're going to leave all that forest land. We're not talcing any part
of those tree areas out of here. Those trees along the waterways that Mr. Walton
talked about. And those trees will remain just as they are. We will only come in
on the area that's currently basically till crop area. But we're not going to touch
the trees.
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Lehman/ And I would assume that because we have the report from Mr. Drake that he is
comfortable that the engineering, the safety of the water, the chances of a blowout
in the river, I mean these things are all adequately covered. He's comfortable
with those recommendations in the staff report?
Nov/ Well, he can answer that.
Sueppel/ I'll have to let Lon Drake talk to you about that. We're certainly satisfied that
he's satisfied, or he would've raised these issues in his reclamation design report
to us. It's not going to be an inexpensive reclamation design, you understand, I
mean there's going to be a lot of money spent to reclaim this property, and so we
hope that Lon is right.
Norton/ Before we go to Lon, I want to, I want to comment. Certainly, I never
suggested, or thought, that it was a rezoning matter. I was looking that this land
had a certain status before 1985, whatever that may have been, and presumably
the houses were built there then, and then there s change in status in 1985. I'm
suggesting expanding the buffer close to those residences in recognition of that
earlier status that was changed in 1985, that's all.
Sueppel/ If it was changed.
Norton/ Well, okay.
Sueppel/ If it was changed.
Norton/ Something new happened in '85, right? In principle, that's a change.
Sueppel/ I do not lmow what the status is. I really don't know. I mean, I will check, and
tell you exactly what that land is zoned as.
Kubby/ In any case, we it's residential use.
Sueppel/ In the case of--
Norton/ It's residential. So anyhow, --
Sueppel/ In the case of any situation like this, when you rezone property, you have non-
conforming uses.
Norton/ That's right.
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Sueppel/ You have non-conformities. And you have, in your own ordinance, you have
language as to how you take care ofnon-conformities. You have adopted a
floodplain ordinance of your own that takes care of non-conformities.
Norton/ I certainly understand that all. All I'm saying is maybe a slightly larger buffer
there might be desirable, and I still think that if anybody could possibly explore an
access south, instead of on the old Isaac Walton, we'd sure save a lot of problems.
I don't lmow what the possibilities of that are, but it would sure make things a lot
simpler for everybody concerned.
Sueppel/ We have no right to do that.
Norton/ I understand.
Kubby/ One other question that was asked last night that I haven't heard the answer to is
the kind of access road off of Isaac Walton Road into the property. What would
the base of that road be?
Sueppel/ Same as what we propose for the Isaac Walton.
Kubby/ All the way back?
Sueppel/ Oh yeah, all the way back.
Norton/ You're going to make it dust-free, too?
Sueppel/ Dust-free. Same thing, asphalting with sealed oil-base on top of that.
Norton/ I didn't think it said so, in so many words, in the agreement. But it just talked
about Isaac Walton, not the access road back to the property.
Sueppel/ Oh no, we wouldn't, we wouldn't have just for the Isaac Walton and then not
have a dust-free road for our own part --
Norton/ Well, it should say that explicitly, it seems to me.
Lehman/ Bill, are you going to be responsible for --
Sueppel/ Just a minute now, I want to confinr~ I am exactly correct. Yes.
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Lelxrnan/ Are you going to be responsible for maintaining the road, the Isaac Walton
League road?
Sueppel/ The Isaac Walton League Road?
Lehman/ The road that you use into the plant.
Sueppel/ Oh yes.
Lehman/ You will be responsible for that for the period of time that you're extracting
sand from the property.
Sueppel/ For our lease? Sure, we'll keep it snow- and dust-free. Sure, that's our
responsibility to keep the road open.
Norton/ That's the access south-going.
Sueppel/ Well, open and maintained.
Lehman/ Right.
Sueppel/ Right. Absolutely.
Thornberry/ You had a problem about, or a question about houses, and the houses came
first, then back in the '40s and '50s, if you owned a piece of property along the
river, you could build whatever you wanted to.
Norton/ I understand.
Thornberry/ Whenever you wanted to, and have it made to look whatever you wanted it
to.
Norton/ I rmderstand.
Thornberry/ Because I helped build two of them.
Norton/ Looks like some of them were built in 1940, too, doesn't it.
Nov/ Oh yeah. Some of them probably were.
Audience/ And they still can (can't understand).
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Nov/ Okay. Do you have anything else to add, Bill?
Sueppel/ No, other than if you'd like to have Lon speak, I'm sure he'll --
Nov/ I think Lon Drake might like to say something.
Drake/ Yeah, I --
Thomberry/ I don't lmow if he does, or not.
Drake/ No, I'd like to.
Sueppel/ Just, reaffirm, Lon, if you would.
Lelynan/ You have seen all the materials that we have received from the City staff, and
obviously, we've seen your report, and you are comfortable with the engineering
involved with this project?
Drake/ I believe the engineering is a step up from the situation now, quite a bit, bnt it's
not fail-safe. Nothing's fail-safe.
Lehman/ Well, nothing's fail-safe. But --
Drake/ As long as, it can't come with a 100% guarantee. A big enough flood can do
damage.
Lehman/ No, I appreciate that, and I think you have a reputation for being somewhat
conservative when it comes to environmental issues.
Drake/ Yes, sir, and I am a (can't hear).
Lehman/ And I do feel, from my part --
Kubby/ Conservated.
Lehman/ From my perspective, if you are reasonably comfortable with this, that makes
me very comfortable with this. And I've read through this, and it appears that the
points that were raised with State permits and all the hoops that need to be jumped
through, have in fact been jumped through.
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Drake/ That's right.
Lelanan/ And from an engineering, I'm not talking about social issues, I think that's a
whole different ball game, but from an engineering standpoint, this basically is a
safe project for wells, septic tanks, flooding, whatever?
Drake/ Yes, sir.
Nov/ I believe we don't yet have all the permits. I think --
Norton/ They're applied for.
Nov/ I think Mr. Barker said there were some DNR permits and Wetlands permits that
hadn't yet been received.
Lehman/ But the ones that we have.
Nov/ And all of those conditions --
Drake/ Some permits still have to be obtained.
Baker/ Madam mayor, there's a motion on the floor and it's been seconded.
Nov/ Yes, there's still a motion on the floor, that's true. One more question about the
cost of doing this project. Is there an inflation factor accommodated within the
$150,000 that, if it were to happen five or six years down the road, this would still
be sufficient money?
Drake/
That $150,000 came up in a somewhat casual conversation between the
participants here. I wasn't involved in generating that number. Joe Bolkom asked
me yesterday, is that a good number? And so I did some calculations this
morning, and if you hired an outside contractor to do just the planting part of it,
this is plants and labor and all that, it would come to sixty some odd thousand
dollars. And that would leave about $90,000 for earth moving if that had to be
done. So, it isn't clear to me exactly what your question is. Are you asking, is
$150,000 adequate to move all the dirt that needs to be moved to reclaim, or just
the planting of it, assuming the dirt's already in place?
Nov/ Well, I was thinking of the whole project. I was thinking, if this project were to
cost $150,000 in today's dollars, should we add 20% or something for inflation?
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Drake/ You have to recognize that this project is going to unfold over time. If, for
example, if they get a permit, they'll probably rip-rap the riverbank this fall, yet.
And it'll unfold as they dig the first cell, then they'll reclaim the first cell. And so
if something goes wrong somewhere along the way, they, it's already partly done.
Nov/ I see.
Thornberry/ You lmow, that to me is important, also, what they're doing with the river,
talcing out the old car bodies that I saw in there, three or four or five car bodies,
some engines, blocks of engines, transmissions, many, many tires, and they're
going to beautify the river along that whole stretch. Is that correct?
Drake/ They're going to reinforce it, sir. There still isn't anything really beautiful about
rip-rap, but it sure does the job.
Thornberry It's a heck of a lot better than old car bodies and transmissions.
Drake/ You will see an improvement from the car bodies, yes.
Kubby/ I mean, I don't think anyone here is arguing that the mitigation plan doesn't
sound good. But you first have to get past the inherent conflict in uses to get to
liking the reparation plans. And that's something I guess I would like us to
refocus on for a few minutes, about these two kinds of traffic on the road, maybe
three kinds. I mean, you've got the school bus, you've got residential traffic, and
you've got truck traffic. And one other thing we can do to mitigate those
conflicts, besides what's already been talked about, is what has been talked about
going to be sufficient? And maybe they are, but I want some discussion about
that.
Norton/ Well, I'm of the opinion that it's a permitted use, and I'm trying to bring about
reasonable compatibility between the uses. It's permitted, it's not exactly
necessarily what you'd desire, if you had everything the way you wanted it, but it
is, it's a permitted use. Now, what conditions can make it more tolerable. That's
why I keep looking for another way out of the place, and I don't think we've got
it.
Nov/ No, I think that's not going to happen.
Norton/ It's not out of the question.
Nov/ We caunot put in that condition.
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Norton/ Well, let me ask another question. What's going to happen when this is over in
four years? Where do you go? Is this the only sand here, or do you go further
south? Where do you, what's the next step? You say we have to have sand, but
this is only good for four years.
Sueppel/ Well, two things. You can only get sand where there's sand.
Norton/ Yeah, right.
Sueppel/ And you only get it if the people are willing to lease or sell their property to
allow you to take it. If you can't, then ultimately, you're going to be out of the
County. Now, the single biggest cost in the sand is the transportation. And so, if
you want to add considerable dollars to all the buildings in this County, then they
may have to go outside the County. It is going to be a problem, and it's one that
the Board of Supervisors is going to have to face. You don't have much of a
problem about that in Iowa City, that I'm aware of, unless there's some sand
down there somewhere around the area down there where the soccer fields are,
and I can't believe there's much sand down there, but that's what you're going to
have to --
Thornberry/ Well if they go too much further south, it won't even come to us because
it'll be outside of our two-mile fringe.
Norton/ Well, I understand that, but it'll have to come to further away at some point.
Thornberry/ Then you'd have to run for County Supervisor.
Walton/ Can I just say one thing? I'm in the business, I own a truck line --
Nov/ Can you come a little bit closer to the microphone?
Walton/I own a track line, and if this sand is going to cost $3/ton more to be trucked in
out of the County, all they need to tell me is when, and I'll have up to 50 to 100
dump trailers ready to haul it, i£it goes up $3 more than the present hauling rate.
Now, this is one little thing, is why the neighbors are scared. It's a picture of an
accident that happened her a week and a half ago, with a belly-dump trailer
hauling sand. And there's two cars crunched under it. That's why the residents
are scared down there. Like I said, I own a truck line. Our company runs about
4,500,000 miles a year. So, I'm very familiar with what a truck needs to operate
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on ground. And that road is going to take a ton of work to bring up to state, plus
the County--
CHANGE TAPE TO REEL 97-140 SIDE B
Walton/ They move, he wants all the asphalt tore back out so it can revert to a rock road.
Nov/ That's his problem.
Lehman/ That's a County problem.
Nov/ We cannot worry about that one.
Audience/ (Can't hear.)
Lehman/ Microphone.
Nov/ You may come to the microphone, please? And this is going to be the end. We're
going to have to end our discussion.
Gill/
In 1985, there was a thing called, it was notified the Floodplain Insurance Program.
In this program, they developed the floodway, okay? So that put these residential
houses in this floodway. So at that time, this was only notified in the paper. My
concern is the County, the City, all give FEMA federal blood money, federal
flood insurance. FEMA does not allow anyone to stockpile anything in the
floodway or the floodplain. I have a problem with sand being piled. When I
(can't understand) on the 4th of July, I drove out of the road, and on the 5th of
July, I could not, in 1993, I could not get either of my vehicles out, and that was
just overnight.
Nov/Yeah, okay. But you have to discuss this with the County. They --
Gill/ Yes, but I just want you to understand, you lmow, that it'll just keep, I think
everybody needs their FEMA money, and if they stockpile, eventually, FEMA's
going to be looking at Iowa City and Johnson County.
Nov/ We cannot regulate what the County does. The County Supervisors can tell these
people that the condition applied to where the stockpile is located. We cannot.
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Gill/ Okay.
Kubby/ But we certainly can say that we want the County, in our letter to them we Call
say that instead of looking at their fulfilling out the conditions on the four-year
basis, to do it on an annual basis, so that if there's something not quite right, it can
be caught before it gets to be a bigger problem.
Norton/ Precisely.
Kubby/ And I that's something I think that we should do. Ask for some annual
monitoring of the conditional use permit.
Nov/ Correct.
Kubby/ But there's good communication between the business and tile County.
Nov/ That, we can do, but it still would be there decision about exactly where the
stoclqoiling is allowed.
Kubby/ We could --
Hull/ Naomi, I just want to say thanks for listening to us.
Nov/ We understand. We have to be heard and we also understand that these are
legitimate concerns, and we expect that the County Supervisors will address most
o f them.
Kubby/ By just some nods of heads of the neighbors and the applicant, because not
everyone has just sat down around a round table and talked this through, are
people interested in doing that? I'm seeing some, I'm seeing no response, I see
one negative, I just need nods of heads. To sit down with the neighbors, with the
County, maybe with the City, and the applicant, the property leasers, just to just
talk about all of these issues.
Audience/ I don't think --
Kubby/ Well, because I don't want everyone to walk up to the mic, I just want a nod of
heads so I can get an idea if people are interested in that kind of corm~aunication.
Audience/(Can't hear).
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Nov/ We heard you nod your head.
Hull/ I just want to say that at the beginning of this, we were a group, and I don't want to
say yeah, I'll do this until indeed we talk about that with the group that's
protesting.
Nov/ That's why we're saying only for yourself.
Kubby/ (Can't understand).
Hull/ Only for myself, I'll nod.
Nov/Okay. And we see several individual heads nodding. What else, Karen?
Kubby/ Nothing. I just think that because this is affecting people's homes, and because
the, because S&G is willing to do things above and beyond what's in the Code,
that it seems like it's an opportunity to figure this out, and to do it face to face,
and not through letters, and not, not even necessarily through the government
process, but maybe facilitated by the government process, and then approved by
that process. And I'm interested in that process talcing place, and then being able
to find a way to make this happen so that it is more compatible, so that the
neighbors have some ownership and some say in this, and feel that there's some
trust built up. Because whether or not it's for real reasons or not, I think that
there's some distrust because of perceptions of what happened in the past. And
that if we can help rebuild that and create a positive situation, and one where I feel
comfortable voting for it, because some of these things have been resolved, I'd
like the opportunity to have that happen.
Thornberry/ Karen, I don't think we're voting for or against it. All we're voting on is --
Lehman/ Oh yeah --
Kubby/ We're recommending to the County whether they
Thornberry/ A letter to the Johnson County Board of Supervisors to recommend
approval or not.
Norton/ We could in principle make --
Thornberry/ It's not our, our purview to vote on this or vote it up or down.
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Norton/ We could send a letter that says we're against it.
Kubby/ Whether I vote to recommend or to not recommend, if that helps clarify.
Someone needs to be talking about community process in a different way.
Nov/ Well, the County can ask that these people get together, and it would be their
decision about whether or not they form this group.
Kubby/ Well, I'm just saying that for me, that might be, that might make or break my
vote, as to whether I recommend or not.
Cotmcil/ (All talking).
Baker/
For the purposes of our discussion, and our decision tonight, I don't disagree with
your concern, Karen, but that is a process that should occur from this point, afler
the City expresses its position, because the County still has to make its decision,
and that process ought to be facilitated by the County. And I don't think it's
necessary for our decision to wait for that process to occur.
Kubby/ Bm maybe --
Baker/ But the concerns I have about this project are not concerns that would lead me to
vote against the recommendation. They would certainly be concerns that I would
put in the form of a letter if the majority of the Council agreed with them, because
I have five things listed here from this discussion, that we think the County ought
to address. And if there's other things, we could put it in there. But there's
nothing I've heard so far tonight to justify a denial of this recommendation.
Norton/ I agree, but why couldn't Karen's suggestion that, why couldn't our letter
include urging --
Baker/ Absolutely, absolutely.
Norton/ The operation that Karen has just outlined here.
Baker/ Absolutely. It could, if there are four votes, or any recommendation, we can put
it in a letter.
Council/ (All talking).
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Nov/ Hang on for a second here. We were told that if we put a condition on here, the
condition has to do with the particular use of this property.
Kubby/ But we can put a narrative --
Baker/ It's a recommendation.
Kubby/ We can have a narrative of some other concerns that we have that are not
conditions.
Baker/ Right.
Norton/ I want them to consider a bigger buffer, by the, okay? I'd like to get that in
there.
Thornberry/ I'm not sure, perhaps this is a discussion, as far as writing the letter is
concerned. The motion on the floor that's been seconded is shall we send a letter
to the Johnson County Board of Supervisors recommending approval of this use?
Kubby/ Now, that depends on the conditions.
Thornberry/ We can, afler we vote on this, say we would like some conditions --
Norton/ No.
Nov/ Well, we want the conditions --
Baker/ You have to have the conditions up front before you vote on it.
Nov/ To be part of the motion.
Baker/ And then you can talk about recommendations.
Norton/ Maybe give them a draft letter that you're voting on, really.
Nov/ Now, is there anyone here who wants to say we will not recommend anything to
the County?
Kubby/ No, I think we should say yea or nay.
Lehman/ We have to recommend.
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Nov/ All right. So we're going to recommend something.
Vanderhoef/ (Can't hear) some recommendations.
Lehman/ Yes, we are.
Nov/ Is there anyone here who would like to recommend that this permit be denied?
Lehman/ No.
Kubby/ Depending on the conditions that we agree to, I --
Baker/ Well, there are already some conditions attached to it, from the P/Z process.
Kubby/ Right.
Baker/ So, any new condition we would like to see attached to it?
Nov/ I£ it had no conditions, you might say that we would deny it. Recommend denying
it.
Kubby/ I would be in that camp, yes.
These are conditions versus recommendations.
Norton/ I'm saying --
Nov/ All right. It appears that if we put the conditions on here that most of us would like
to send a letter to the County which recommends approval of the conditional use
permit. Now, Larry, you started saying you had five conditions.
Baker/ Well, they're not, they're just what I've heard. I don't know whether these are
conditions or recommendations, because legally, I don't lmow what our power is.
The speed limit question.
Lelynan/ Make it recommendations.
Dilkes/ I think it's a recommendation.
Nov/ Okay. Okay.
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Baker/ The separate road, the pursue the option of a separate road. The monitoring of the
location of the piles. Is that a condition or a recommendation?
Nov/ I think that's a condition.
Norton/ (Can't hear) that they do that.
Thornberry/ Oh, it'd be a recommendation.
Baker/ All right, I just want to get that clear. The stop sign.
??/ That's a recommendation.
Baker/ I'd make that a condition.
Kubby/ How is it directly affected by the use?
Nov/ I think the monitoring is also directly affected by the use.
Baker/ Fine. Then fence --
Nov/ We can say that these conditions are recommended. We cannot say they are truly
conditional.
Thornberry/ That's correct.
Baker/ Then, that --
Kubby/ Well, we can say that our approval for our positive recommendation is based up
on these conditions.
Nov/ All right, go ahead, and finish, Larry.
Baker/ The last one was on that L section of land where it comes down and does that
little L to the river, consider some sort of fencing in that area, over and up, to
separate the residential area by a physical barrier from the operation. That's a
recommendation I would make.
Nov/ You mean a barrier at 100 feet, or -~
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Baker/ At that 100 foot mark.
Nov/ Or a barrier at the property line?
Baker/ No, the 100-foot mark.
Nov/ At the 100-foot, okay.
Thornberry/ What kind of barrier are you talking about?
Baker/ It's a recommendation.
Thornberry A mogul?
Norton/ What?
Thornberry What kind of a barrier are you talking about?
page 42
Baker/ I'm talking about a chain fence. I mean, that would be a suggestion. Some way
to physically prevent children from going from the residences down.
Norton/ That could be a real problem there.
Vanderhoef/ Okay, then I have a question.
Baker/ It's a recommendation.
Vanderhoef/ If that's recommendation,--
Norton/ The thought of catching all kinds of debris and stuff like that, that could be a real
problem. But--
Baker/ I got one vote so far. Mine.
Vanderhoef/ Okay. On the fencing routine, my question, follow-up question to that
fencing, then, would be, is that just while the plant is in operation, or do you mean
to have that taken down after it's been reclaimed?
Baker/ Oh, I would --
Norton/ He doesn't have to --
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Baker/ I don't have a clue.
Vanderhoef/ Well, it would determine what kind you might pnt in there.
Baker/ Four years, what should happen
Thornberry If everybody's got their little conditions and recommendations, it's all put in
this letter, I think there's got to be a majority of the Conncil members --
Baker/ I just laid those out.
Thomberry To accept or reject any of these things.
Nov/ That's true.
Baker/ I would --
Nov/ Do we have any --
Norton/ Let's get our list down and see what we can do. I don't want the fence, so Larry,
you don't even have a second for the fence, do you?
Lehman/ Wouldn't it be more appropriate to send the letter with the recommendations
from the staff and P/Z, listing our concerns about these things --
Baker/ Right.
Lehman/ I don't know that most of those, I would favor making conditions. I guess I
trust the Board of Supervisors to look at those things along with the neighbors and
S&G and decide which of those can be incorporated, or which cannot, and let,
they're going to make the final decision anyway.
Baker/ We know that --
Kubby/ I think there are --
Lehman/ We need to let them know our concerns.
Kubby/ I think there are two, I would agree with most of the things that have been talked
about except for two things that I would like to make --
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Lehman/ Inspection by the County.
Kubby/ Right. The annual monitoring of the conditional use permit. And then Dee and I
have talked about --
Norton/ A larger buffer.
Kubby/ A bigger buffer.
Norton/ Let them consider that. That's all we're asking.
Lehman/ Well now, I don't think --
Thornberry/ Consider and making it a condition are two different things.
Norton/ We cannot impose the conditions. All we can --
Nov/ No, we can recommend the 100-foot buffer as a condition. It's been recommended
by our P/Z Department.
Norton/ I'm reading that be expanded a bit, and --
Nov/ Well, I'm not --
Norton/ Can I get four votes for that?
Nov/ I'm not sure that you've got four votes.
Norton/ Larry?
Nov/ I think you have you and Karen.
Baker/ In principle, but expanding to what?
Thornberry/ 103 feet?
Norton/ 100 feet, at least.
Thornberry/ 103?
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Norton/ 200.
Thornberry/ I don't want to dicker with this stuff.
Dilkes/ I think you need to, let me interject for a minute. I thinit you need to distinguish
between recommendations and your approval being subject to something.
Nov/ Correct.
Dilkes/ If you'll read the letter proposed by, what came out of P/Z, you know, they made
their approval conditional upon those things. That's a very different tlfing.
Nov/ Right.
Kubby/ And I suggested --
Dilkes/ Recommendation--
Kubby/ That the annual monitoring be a condition that we add to that letter, and Dee and
I are talking about adding a bigger buffer than 100 foot.
Thornberry/ Well, it was 50, and they expanded it to 100.
Kubby/ I understand that. I've read the material.
Thornberry/ I think 100 is adequate, and if you have four votes --
Norton/ A lot of people would like 1,000.
Nov/ Well, yes, but --
Lehman/ Oh we could be here all night talking about that.
Nov/ The current County ordinance is 50 feet. We are recormnending that they double it.
I don't believe we should recommend beyond that.
Kubby/ Okay. If there aren't votes, let's stop that one. Are there four votes for the
annual monitoring as a condition upon --
Baker/ I have no problem with --
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Norton/ Yes.
Lehman/ Absolutely.
Kubby/ Okay. Finally, we're moving ahead.
Nov/ All right.
Kubby/ Are there other things that people think should be conditions, versus the, in the
recommendation narrative?
Nov/ All right. Even as far as recommendations or suggestions, is there anyone who
agrees with Larry's fence?
Lehman/ No.
Baker/ And that's what I want it to be named, Larry's Fence.
Thornberry/ I don't think that's necessary, Larry. You've got a river on the other side.
You've got holes in the ground with water in them now that aren't fenced.
Baker/ I don't want the river named after me.
Nov/ Just the fence.
Thornberry/ Change your name, Iowa.
Kubby/ Okay, what about the speed limit.
Vanderhoef/ The Lawrence Speedway.
Baker/ Yes.
Kubby/ Are you interested in a 25 mile per hour speed limit?
Norton/ Yes.
??/ Yes.
??/ Well,--
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Kubby/ As a recommendation?
Baker/ A recommendation, yes.
Norton/ Yes.
Lehman/ I would recommend a speed limit. I wouldn't necessarily put the exact speed
on it. I'd let the conditions determine that.
Norton/ (Can't understand) consider a lower --
Thornberry/ A lower --
??/ (Can't understand.)
Thornberry/ No, I would like the County to recommend a speed limit, lower than 55.
Norton/ Very good. That's what we're urging.
Lehman/ All right, that's done.
Kubby/Okay, that's one.
Thornberry/ And let them determine what they think is appropriate.
Kubby/ Okay, what about --
Nov/ All right, can we say 35 or some number?
Council/ (Yes). 35.
Nov/ I think 35. Anyone else?
Vanderhoef/ Thank you, Naomi, I appreciate that.
Nov/ Okay, I thinit I hear four 35's, but I'm not sure because everybody's talking at
OllCe.
Thornberry/ That's fine.
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Nov/ Okay. Was there anything else? We would like to break soon. Can we finish this
up?
Kubby/ The turn-around for the bus that the applicant has already indicated would be
acceptable.
Thornberry/ Now, the turn-around, there is not turn-around for a bus now. And it would
be in addition to what is, we were out there, and we saw the bus jockeying back
and forth and back and forth, and having heck of a time turning around. They
have already said that they would provide something there. I don't think that
needs to be a condition of our letter.
Kubby/ Okay. We're tallzing about recommendations now.
Lehman/ Recommendations.
Kubby/ We're over with conditions, we're onto the recommendations.
Thornberry/ It's a good recommendation.
Sueppel/ I don't want you to put any condition that's impossible to meet.
Nov/ No, we won't.
Thornberry/ No.
Vanderhoef/No.
Sueppel/ You can turn into our road and back out the other way. But we don't own the
land adjacent to that corner right there.
Kubby/ They're talking about recommendations about other concerns that we thirdc the
County needs to address before they approve this. It's not a condition on our
recommendation
Sueppel/ No, I understand that, Karen. We don't own that land.
Norton/ That's right.
Sueppel/ If we owned the land --
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Kubby/ That's not, that's not my problem, that there's, maybe there's a way to work it
out. It's that I want the County to address it, while they're looking at this issue,
because it is an issue created by the use --
Thornberry/ No, it's not, Karen. It's a problem now.
Kubby/ It's a problem now, but it's, the sand pit's creating a more adverse condition in
terms of traffic and the kind of traffic that is there now.
Nov/ We understand that. We can recommend that the County consider granting some
right-of-way, and the developer can consider building a turn-around, but it would
have to be a County right-of-way, and they understand that.
Norton/ They can explore that.
Kubby/ All right.
Thornberry/ But I don't think it should be tied to this project. If it's a problem now, why
should it be tied to this project.
Norton/ Because--
Vanderhoef/ Okay, okay. This is their management problem, and I think we're getting
far, far too deep in this.
Nov/ The materials said they would consider constructing this, and that's the only reason
Thornberry/ But the thing, they don't have the land. They don't have the land to do that.
Nov/ I understand that, but --
Kubby/ We just want them to look at this (can't hear).
Nov/ The County can give them the right-of-way in which to do that, if the County wants
to.
Thornberry/ Well, then what difference does it make what we say?
Lehman/ It assumes, it seems to me we assume that the County Board of Supervisors are
a bunch of idiots. They won't talk about any of this.
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Norton/ I didn't --
Lehman/ The neighbors won't talk about any of this.
Baker/ God, I'm glad I didn't say --
Lelmaan/ And S&G won't talk about any of this --
Nov/ Can we have a vote? Can we please vote?
Lehman/ I think these folks will talk about these things.
Kubby/ You know, I don't think so at all. I think it's showing that this other government
body that does have some say in this, because of their ordinance, that these are the
things that we thi~xk are important to look at, and then they can accept them or
reject them.
Lehman/ Give them a copy of our minutes.
Nov/ Okay, folks.
Kubby/ There are some other things that were on the list that we haven't --
Lehman/ Yes, we did.
Kubby/ I lcnow that there are four votes.
Norton/ I'd still like to get the four votes in there to recommend that they see if there's
any possibility of another access further south.
Thomberry/ I don't think that's --
Norton/ Well, let 'em look. I don't care. There may not be. Let 'em --
Thornberry/ Dee, if you've got four votes --
Nov/ I don't think you'd get four votes.
Norton/ Four votes, well Larry'll vote for that.
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Kubby/ Okay.
Baker/ I thought we'd already agreed to that, to ask them to see if there's another --
Nov/ All right.
Thornberry/ That's three.
Norton/ Come on, you.
Thornberry/ No.
Norton/ I won't play golf with you.
Thomberry/ Oh geez. How many shots, how many strokes are you going to give me?
Kubby/ Okay, but let's --
Nov/ Okay, that's it. What else, Karen?
Kubby/ The process issue. I don't know, we didn't really, we weren't counting heads
when we talked about it before.
Baker/ We encourage the Cormty to --
Kubby/ Sit down with all the stakeholders --
Baker/ Create a process where the developer --
Norton/I would like that --
Baker/ And the neighbors and the County officials can sit down and work out remaining
concerns.
Norton/ It's a possible recommendation.
Baker/ I don't think that's -- a one sentence recommendation.
Kubby/ Oh yeah. I think that's
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Nov/I could go with a one-sentence recommendation that they consider the possibility of
a joint meeting --
Norton/ A round table.
Nov/ You lmow, with their Supervisors. But I don't think that we should be involved in
that.
Kubby/ That's fine. I just think the major stakeholders, including the neighbors --
Norton/ I'm for that.
Thornberry/ No, I'm not. Not in our letter.
Nov/ All right, Larry?
Baker/ Yes.
Kubby/ Okay, four for that. So the only last thing --
Nov/ I think we have --
Kubby/ So putting in writing the south leg being dust alleviation, just so it's clear and it
helps everything be crystal clear in the paperwork. And they're going to do it, so
it's no problem having it in writing.
Baker/ Right.
Thornberry/ I have no problem with that.
Kubby/ All right. So, we've got lower speed limits, the turn-around for the bus, the
process, the south-leg of the access road as parts of our recommendation of issues
we think the County should consider in making their determination. And the
additional condition of the annual monitoring of the conditional use permit.
Baker/ We got it.
Kubby/ As our condition, additional condition.
Thornberry/ Will they have to hire somebody to do that?
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Baker/ That's their problem.
Nov/ That's the County's problem. We can say that the neighbors would like them to do
some monitoring, but we have no way to tell them they must.
Thomberry/ Well then, how do we put that as a condition?
Nov/ We don't put it as a condition.
Thornberry/ As a recommendation.
Kubby/ It can follow our --
Nov/ It's arecommendation.
Thornberry/ All right.
Kubby/ No, it's part of the condition, but they can take our --
Lehman/ They don't have to take it.
Kubby/ They can take it or leave it.
Dilkes/ Wait, wait. I'm confused. Some of you seem to be talking about the annual
monitoring as being a, what we're calling a condition, meaning your approval is
subject to that.
Kubby/ Yes.
Dilkes/ And I thil~lc the difference there is that if they don't agree to annual monitoring
then I think that pushes them into a super-majority vote.
Baker/ Hey, that's their problem, too.
Thornberry/ We don't want to do that, no.
Dilkes/ Okay. You need to understand that.
Kubby/ If they're not willing to annually monitor it, they should have to have four to five
votes.
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#7e
Baker/ Yeah, that's right. That's their problem.
Kubby/ You bet.
Norton/ I'm still in favor of arereal monitoring.
Thornberry/ I am too, Dee, but I don't want to make it a condition.
Kubby/ And I think that they're going to do it.
Thornberry/ I want to make it as a recommendation. It's a County project. And I don't
want to push them into a super majority by a letter from the City.
Baker/ We don't. They do by their refusal to do it.
Nov/ They can have our recommendation against it if you really want to push for a super
majority, and I really don't hear four of us saying we want to recommend against
it.
Thornberry/ Right.
Nov/ So, we're going to recommend that they consider these following conditions and
they may or may not consider them, but these conditions are not part of our
recommendations.
Thornberry/ Recommendations.
Nov/ These are --
Dileks/ No, no, no, wait a minute. The annual monitoring, there's four of you saying
then, is a suggestion. That you're not making your condition subject to that.
Thornberry/ That's correct.
Dilkes/ Is that what --
Baker/ I would.
Kubby/ I would like to make it subject to, or they're --
Thornberry/ No.
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Vanderhoef/ There's three of us.
Norton/ (Can't understand).
Dilkes/ Annual monitoring is a suggestion then, as I understand it.
Baker/ All these things are suggestions.
Kubby/ I feel so strongly about the annual monitoring because of the conflict in the
different perceptions of the history that if that's not in there, I can't support the
recommendation.
Lehman/ I don't think, Karen, that they ever had a requirement to monitor the sand
operation from Steven Sand and Gravel, before it became S&G.
Kubby/ Life is different now.
Lehman/ I understand that. But, I can live with fewer regulations.
Kubby/ This is not regulation. This is making sure that the regulations that are in place
are being followed, and that's called accountability.
Norton/ It's already been voted down, I guess, but --
Lelmr~an/ Let's vote.
Norton/ It's certainly true, Dean, that tlie letter suggests that there were some promises
made in earlier eras that have not necessarily all been lived up to, so I think that's
Thomberry/ I think these people have a pretty good track record compared, looking at
the other side of the river.
Norton/ Yes.
Nov/ Okay, folks, are we ready to vote?
Council/ (Yes).
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Nov/ All in favor, please say aye- (ayes). All opposed same sign- (aye). Okay, we have
approved this on a 6-1 vote, Kubby voting no. Okay, we're going to take a break.
Karr/ Before you take a break, could we have a motion to accept the correspondence you
received?
Thornberry/ So moved.
Kubby/ Second.
Nov/ It's been moved and seconded that we accept correspondence. All in favor, please
say aye- (ayes). Thank you.
BREAK
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October 7, t997 City of Iowa City Page 6
ITEM NO. 8. INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION 1=OR THE
ISSUANCE OF *5,540.000 GENERAL OBLIGATION BONDS.
Comment: The public hearing is being held to receive public comment on
the proposed issuance of $5,540,000 General Obligation Bonds for
water-related projects. The resolution authorizes staff to proceed on
behalf of the City with the sale of the bonds, to select a date for the sale
thereof, and to take all action necessary to permit the sale of said bonds
on a basis favorable to the City and acceptable to the City Council.
PUBLIC HEARING
Action:
ITEM NO. 9.
b. CONSIDER A RESOLUTION APPROVING
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 authorizes the fourth extension of the FY97
paratransit agreement between Iowa City and Johnson County. It will
maintain the provision of paratransit service by Johnson County SEATS
within the Iowa City Transit service area during the month of October
1997, Correspondence included in Council packet,
Action:
#8b page 1
ITEM NO. 8b. INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION
FOR THE ISSUANCE OF $5,540,000 GENERAL OBLIGATION BONDS.
b. CONSIDER A RESOLUTION APPROVING
Nov/ We need a motion.
Lehman/So moved.
Thornberry/ Second.
Nov/ Moved by Letmaan, seconded by Thornberry, that we approve this resolution for
the sale of bonds. Any discussion?
Thornberry/ Nobody here to talk about $5,540,000?
Nov/ Talk about it. Go ahead.
Baker/ We did earlier, didn't we?
Thornberry/ No, I'm just saying, just a comment.
Vanderhoef/ There's no public. The public left.
Nov/ The public is gone. Roll call- (yes). We have approved this resolution.
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ITEM NO. 9 CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERI~ TO ATTEST AN EXTENSION AGREEMENT FOR
FY97 PARATRANSIT SERVICE BETWEEN THE CITY OF IOWA CITY
AND JOHNSON COUNTY.
Nov/ (Reads agenda item #9).
Lehman/ Move the adoption of the resolution.
Norton/ Second.
Nov/ Moved by Lehman, seconded by Norton. Discussion?
Kubby/ There are two things in the letter from the Chair of the Board of Supervisors.
One with a suggestion that they propose that both the City and the County have
two new negotiators to finish up the last of the work that the negotiating teain did.
And then there's another request that the Council confirm that it's the City's
desire to provide the service. And there's a date that they've asked us, it seems
we should talk about those.
Nov/
Well, I made an assumption that we did want this service, because we've been
continuing negotiating. I talked to Sally Stutzman about this, and I said there isn't
any way we're going to have a contract by October 24th because we were
planning to discuss the contract after the new monthly reports were available.
Kubby/ Well, that's, I didn't think that's what's requested. I thought they were just
requesting the confirmation that we do desire the County to run the service. And
it may be an obvious answer, but just to say that Council has confirmed that and
discussed that, and there are a majority of people, if not unanimous, who desire
that.
Lelunan/ Well, we prefer that, I think that's accurate.
Kubby/Yeah.
Lehman/ That's our preference.
Nov/ I assume that there is no preference to change the negotiating teain, but I did not
say that.
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Kubby/ I don't think it's a bad idea. I mean, the negotiating, I mean in a certain way,
we're stuck with the process that has happened so far feels like we're stuck until
we get the reports.
Vanderhoef/ That's exactly right.
Norton/ We are stuck.
Vanderhoef/ And I think this has been very plainly set out that we cannot make an
informed decision until we are comfortable that the contractor can provide what
we're asking for.
Norton/ Ye~.
Vanderhoef/ I'm real disappointed with the County. I thought we were doing them a
very large favor of giving them the 90 days to get this put together, so that we
could make an informed decision. And, when they come back with thirty days
and they may provide us some reports, but we certainly won't have enough time
to review them in the 30 days, so --
Nov/ So we'll have to have another extension.
Vanderhoef/ We'll have to have another extension.
Norton/ I just want to second that, Dee, 'cause I listened to their discussion of this, and I
thought our position was perfectly rational, that we were willing to give plenty of
time for their hard working staff to get the data together before we, 'cause that
was the thing that was hanging us up. So, I was pretty surprised that they didn't
recognize that.
Vanderhoef/ Yeah.
Kubby/ I think that, from, I watched the Supervisor meeting on TV, and what I got from
it was that from their perspective, they think the month-to-month thing keeps us in
better communication, and keeps things going. You may agree of disagree with
that, but that's what my interpretation of their conversation was.
Norton/ Yeah.
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Vanderhoef/ I didn't quite get it the same way from that. I listened to it, also, and I think
they're asking us to make a commitment before we have the information that we
need.
Norton/ Well, they do so in this letter again.
Vanderhoef/ They're asking for it in this letter, and they're asking us basically, trust us.
You know, we'll get this done, we'll get this --
Nov/ Well, they understand.
Vanderhoef/ They understand.
Nov/ They understand that we're not planning to resume negotiations until we have
some weekly reports. So, if they do not have them at the end of October, we'll
extend it again and continue the way we have been, and --
Vanderhoef/ That's right. We'll hope that --
Nov/ Is there any further discussion?
Vanderhoef/ I want to say that Bob Hardy has a videotape of that meeting, and if anyone
wants to watch it, he said he'll keep it till Friday, and then he'll recycle it, so just
talk to him and let him know and he'll have it.
Nov/ Okay. We're ready to vote. Roll call- (yes; Thornberry, no). All right, we've
approved this on a 6-1 vote, Thornberry voting "no".
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ITEM NO. 10.
CONSIDER A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE
CITY OF IOWA CITY, IOWA, AND THE FOLLOWING AGENCIES FOR AID-
TO-AGENCY FUNDING BY THE CITY OF IOWA CITY, IOWA, AND
AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO
ATTEST THE SAME: BIG BROTHERS AND BIG SISTERS (34,557);
CRISIS CENTER ($35,408); DOMESTIC VIOLENCE INTERVENTION
PROGRAM ($47,000); EMERGENCY HOUSING PROJECT ($8,500); IOWA
CENTER FOR AIDS RESOURCES AND EDUCATION ($9,600); MAYOR'S
YOUTH EMPLOYMENT ($37,080); NEIGHBORHOOD CENTERS OF
JOHNSON COUNTY ($52,000); RAPE VICTIM ADVOCACY PROGRAM
{$12,500); AMERICAN RED CROSS ($4,740); AND UNITED ACTION FOR
YOUTH ($34,300).
ITEM NO. 11.
ITEM NO. 12.
q7
Comment: This resolution and the two following authorize the
CONSIDER A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE
CITY OF IOWA CITY, IOWA, AND THE FOLLOWING AGENCIES FOR AID-
TO-AGENCY FUNDING BY THE CITY OF IOWA CITY, IOWA, AND
AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO
ATTEST THE SAME: FREE MEDICAL CLINIC ($5,440) AND HAWKEYE
AREA COMMUNITY ACTION PROGRAM ($6,425).
Comment: 'These two agencies are considered separately due to a
conflict of interest on the part of a member of the Council. This
separation allo. ws the Council Member to vote on the majority of the
funding resolutions.
CONSIDER A RESOLUTION APPROVING AN AGREEMENT BET'T~WE~E THE~~~
CITY OF IOWA CITY, IOWA, AND THE FOLLOWING AGENCIES FOR
FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
FUNDING BY THE CITY OF IOWA CITY, IOWA, AND AUTHORIZING THE
MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE SAME:
ELDERLY SERVICES ($56,800); MID-EASTERN COUNCIL ON CHEMICAL
ABUSE ($26,000); AND UNITED ACTION FOR YOUTH ($22,200).
Comment: These three agencies are recipients of Iowa City's Aid-to-
Agency funding with the money coming from CDBG public service
allocation,
#10 page 1
ITEM NO. 10 CONSIDER A RESOLUTION APPROVING AN AGREEMENT
BETWEEN THE CITY OF IOWA CITY, IOWA, AND THE FOLLOWING
AGENCIES FOR AID-TO-AGENCY FUNDING BY THE CITY OF IOWA
CITY, IOWA, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE
CITY CLERI( TO ATTEST THE SAME: BIG BROTHERS AND BIG
SISTERS ($34,557); CRISIS CENTER ($35,408); DOMESTIC VIOLENCE
INTERVENTION PROGRAM ($47,000); EMERGENCY HOUSING PROJECT
($8,500); IOWA CENTER FOR AIDS RESOURCES AND EDUCATION
($9,600); MAYOR'S YOUTH EMPLOYMENT ($37,080); NEIGHBORHOOD
CENTERS OF JOHNSON COUNTY ($52,000); RAPE VICTIM ADVOCACY
PROGRAM ($12,500); AMERICAN RED CROSS ($4,470); AND UNITED
ACTION FOR YOUTH ($34,300).
Nov/ (Reads agenda item #10).
Kubby/ Move adoption.
Lehman/ Second.
Nov/ Moved by Kubby, seconded by Lehman. Discussion?
Karr/
Madam Mayor, just for the record, I'd like to clarify. The amount, I thought I
heard you read, I just wanted to clarify, Domestic Violence is $47,000.
Emergency Housing Project, $8,500. I think we skipped a line.
Nov/Did we skip a line?
Karr/ Yeah, I just didn't want Domestic Violence to think there was a slight pay cut
there.
Vanderhoef/ Good idea.
Nov/ Well, okay. Shall I re-read them?
Karr/ No, no.
Thornberry/ No.
Lehman/ No.
Karr/ That's not necessary, I just wanted to clarify. Thank you.
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Nov/ Okay. Now that it's in the tape, we're okay.
Thomberry Roll call- (yes).
Nov/ We have approved this resolution.
Thank you.
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#11 page 1
ITEM NO. 11 CONSDER A RESOLUTION APPROVING AN AGREEMENT
BETWEEN THE CITY OF IOWA CITY, IOWA, AND THE FOLLOWING
AGENCIES FOR AID-TO-AGENCY FUNDING BY THE CITY OF IOWA
CITY, IOWA, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE
CITY CLERK TO ATTEST THE SAME: FREE MEDICAL CLINIC ($5,440)
AND HAWKEYE COMMUNITY ACTION PROGRAM ($6,425).
Nov/ (Reads agenda item #11).
Norton/ Move adoption of the resolution.
Vanderhoef/ Second.
Nov/ Moved by Norton, seconded by Vanderhoef. Discussion?
Kubby/ I just wanted to say that I appreciate the courtesy and the time of the Council so
that I may abstain, and the extra resolution for the staffs time. I lmow it wasn't a
lot of time, but I appreciate it. Thank you.
Nov/ Roll call- (yes; Kubby abstaining). We have approved this resolution on a 6-0-1
vote, Kubby abstained.
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ITEM NO. 12 CONSIDER A RESOLUTION APPROVING AN AGREEMENT
BETWEEN THE CITY OF IOWA CITY, IOWA, AND THE FOLLOWING
AGENCIES FOR FEDERAL COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) FUNDING BY THE CITY OF IOWA CITY, IOWA, AND
AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO
ATTEST TO THE SAME: ELDERLY SERVICES ($56,800); MID-EASTERN
COUNCIL ON CHEMICAL ABUSE ($26,000); AND UNITED ACTION FOR
YOUTH ($22,200).
Nov/ (Reads agenda item #12).
Lehman/ Move the adoption of the resolution.
Thomberry Second.
Nov/ Moved by Lehman, seconded by ThornbenT. Discussion?
Vanderhoef/ I'd just like to comment that in, when we pass this one, along with the two
previous ones, I'd like to commend the Iowa City district in that we've given
$392,622 in these resolutions, all to our social services in Iowa City, which I think
is very commendable.
Nov/ Roll call- (yes). We have approved the resolution.
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October 7, 1997 City of Iowa City Page 8
ITEM NO. 13.
CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING
MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR
CONSTRUCTION OF THE IOWA CITY LANDFILL FY98 CELL
CONSTRUCTION PROJECT.
ITEM NO. 14.
Comment: This project consists of constructing an additional cell on the
west half of the landfill. This new cell will be constructed in accordance
with all federal and state regulations. The bid opening for this project
was held September 30, 1997. The following bids were received:
McAnincl~ Corp., Des Moines, IA $1,151,429.09
J.B. Holland Const., Inc., Decorah, IA 1,268,305,55
Steger-Heidersheit Const. Corp., Iowa City, IA 1,286,518.70
Reilly Const. Co., Inc., Ossian, IA 1,364,530.00
Peterson Contractors, Reinbeck, IA 1,527,571.00
Tom Kueter Const. Co., Peosta, IA 1,576,769.30
Engineer's Estimate $1,500,000.00
Public Works and Engineering recommend' award of the contract
McAninch Corp. of Des Moines, Iowa. Funding for this project will
provided by landfill revenues.
Action:
tO
CONSIDER A' RESOLUTION AWARDING CONTRACT AND AUTHORIZING
MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR
CONSTRUCTION OF THE BURLINGTON STREET/GOVERNOR STREET
SIGNALIZATION PROJECT.
Comment: The bid opening for this project was held September 30,
1997. The following bid was received:
Advanced Electrical Services, Inc., Iowa City, IA
Engineer's Estimate
~50,753.00
$51,000.00
Public Works and Engineering recommend. award of the contract to
Advanced Electrical Services of Iowa City, Iowa. Funding for this project
will be provided by Road Use Taxes.
ct,on=
#13 page 1
ITEM NO. 13 CONSIDER A RESOLUTION AWARDING CONTRACT AND
AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST
CONTRACT FOR CONSTRUCTION OF THE IOWA CITY LANDFILL FY98
CELL CONSTRUCTION PROJECT.
Nov/ (Reads agenda item #13).
Kubby/ Move adoption.
Lehman/ Second.
Nov/ Moved by Kubby, seconded by Lehman. Discussion?
Vanderhoef/ I think it's nice to get a bunch of bids this way.
Nov/ Roll call- (yes). We have approved the resolution.
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ITEM NO. 14 CONSIDER A RESOLUTION AWARDING CONTRACT AND
AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST
CONTRACT FOR CONSTRUCTION OF THE BURLINGTON
STREET/GOVERNOR STREET SIGNALIZATION PROJECT.
Nov/ (Reads agenda item #14).
Norton/ Move adoption of the resolution.
Vanderhoef/ Second.
Nov/ Moved by Norton, seconded by Vanderhoef. Roll call?
Lehman/ The Engineer's getting a lot more accurate, isn't he?
Nov/ He's doing really well here.
Norton/ I think he's making them after the bids come in.
Nov/ He's a good engineer, and he's most of the time accurate. Okay. (Roll call)- (yes).
We have approved this resolution.
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=October 7, 1997 City of Iowa City Page 9
ITEM NO. 15.
CONSIDER A RESOLUTION APPROVING, AUTHORIZING, AND
DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO
ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY
AND HOWARD R. GREEN COMPANY, PROFESSIONAL ENGINEERS OF
IOWA CITY, TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR
THE DESIGN OF THE FOSTER ROAD IMPROVEMENTS.
Comment: This agreement is for the design of the Foster Road Relocation
Improvements which include paving, sidewalk, storm sewer, sanitary
sewer, and water main. The work will extend from 500 feet w~'est of Arn
L_.~3J3~to the peninsula proper.ty. The improvements are adjacent to the
-'~"- Elks Golf Course. This agreement is for preliminary and final engineering
design work and bidding phase services. The negotiated fee is 995,000.
ITEM NO. 16.
551
The work will be financed with Road' Use Tax Monies, sewer revenues,
and water revenues. Public Works recommends approval of this
agreement.
Action:
CONSIDER A RESOLUTION APPROVING, AUTHORIZING AND DIRECTING
THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN
AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY, AND
HOWARD R. GREEN COMPANY CONSULTING ENGINEERS TO PROVIDE
ENGINEERING CONSULTANT SERVICES FOR THE IOWA CITY SANITARY
LANDFILL.
Comment: This agreement authorizes Howard R. Green Company to
provide engineering services necessary for groundwater monitoring and
annual water quality reports in accordance with state and federal
regulations for a period of three years. The total cost of engineering
consultant services is 963,200. Funding will be provided by landfill
revenues.
Action: ~.~.~~~ ,J.~J/~.~~
#15 page 1
ITEM NO. 15 CONSIDER A RESOLUTION APPROVING, AUTHORIZING, AND
DIRECTING THE MAYOR TO SIGN AND THE CITY CLERI~ TO ATTEST
AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND
HOWARD R. GREEN COMPANY, PROFESSIONAL ENGINEERS OF IOWA
CITY, TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE
DESIGN OF THE FOSTER ROAD IMPROVEMENTS.
Nov/ (Reads agenda item #15).
Thornberry/ Move adoption of the resolution.
Vanderhoef/ Second.
Nov/ Moved by Thornberry, seconded by Vanderhoef. Discussion?
Norton/ Now, I want to, where does this actually end? They're considering the section
that ends where?
Charles Schmadeke/ The second sentence should read "The work will extend from 500
feet east of Am Lane, and will extend from the east edge of the golf course to the
peninsula."
Norton/ The east edge of the golf course to where?
Schmadeke/ to the peninsula property.
Norton/ To the Finn's?
Schmadeke/Right.
Thomberry/ Peninsula property --
Norton/ Stops at the fence line there.
Schmadeke/ That's right.
Norton/ Fence line before you go into the cornfield.
Kubby/ Okay, so it's like where the fence is to the road now, the blockade on the road
now?
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Schmadeke/ No, it starts at the west end of the golf course. At that point.
Kubby/ Wait, I'm sorry.
Schmadeke/ At the fence at the west end of the golf course.
Norton/ Where does it start on the east, tell her again.
Schmadeke/ At the golf course itself, at the east end of the golf course.
Lehman/ Is that the side where the MacDonald's driveway is?
Schmadeke/ It'd be about --
Lehman/ A little east of there.
Schmadeke/ Yeah, about 600 or 700 feet east of that driveway.
Lelanan/ End of the paved section where it tums into chipseal? I think so.
Schmadeke/ You know where the apartments are there? It's about in the middle of the
apartments.
Lehman/ Okay.
Kubby/ Wait, I'm confused then. How far does it go through the golf course, and then it
stops.
Lehman/ At the westerly edge.
Schmadeke/ On our fenceline of city-owned property.
Kubby/ Okay.
Norton/ Well this curves around by the oak tree and all.
Kubby/ And then between those big oaks --
Sctmaadeke/Right.
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Kubby/ Is this, is there any, I lmow when we were negotiating this, we talked a little bit
about the oak, that big oak, and any kind of special protection. I don't really see
that mentioned as a highlighted special being in the contract, and I think that there
should be some kind o£highlight about the, our desire to be cautious around that
big tree. I don't know if that's possible to add in, would that be a big deal?
Schmadeke/ There's several feet of fill right adjacent to that tree, and it's going to be
difficult to save it unless they're willing to put in a bigger radius and move that
road a little further to the south.
Norton/ But will they consider that, I mean when they go to work?
Schmadeke/ Well yeah, I'll be meeting with them on Thursday morning, and I'll bring it
tip, that --
Nov/ You'll be meeting with whom?
Schmadeke/ The Elks.
Nov/ The Ellcs. So it would be then up to the Ellcs to allow us to shift the road and save
the tree?
Lehman/ Can we leave that in your able hands, Chuck?
Schmadeke/ It's really up to the Elks as to whether they want to shift the road to the
south or not.
Norton/ It'll take that ice, see, you don't want another kind of wiggle in the road.
Kubby/ Well, all right, I guess I'm also thinicing whether the Elks would accommodate
that or not, are there any mitigation plans that can be in our design of the road to
have the possibility of not killing the tree? I mean it's a majestic tree. It is huge.
It is old. And we shouldn't be killing big trees like that. You can't, you cannot
plant and replace that. I would like, whether it's in the contract or whether it's in
consulting with the consultants, about trying to figure out a way --
Lehman/ Do whatever we can to save it.
Kubby/ To find a way to mitigate
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Norton/ Will we see a sketch at some point, Chuck of what happens here? I mean, will
we see the, all we're getting now is plans, right?
Schmadeke/ Well these plans, when they're developed, even in the preliminary stage,
we'll ka~ow whether that tree can be saved or not, and we can notify you at that
time.
Norton/Okay. That's what we're --
Schmadeke/ In fact, after our negotiations, we'll know that.
Kubby/ Well then, what's --
Thornberry I think the Elks would like to save the tree, and it's their, you know, their --
Nov/ I can't believe they wouldn't want to.
Thornberry No, they'd love to save that tree. And if that means moving the road a little
further, I'm sure that Chuck can --
Lehman/ It's a matter of engineering, whether or not they can do it. Is that not true?
Kubby/ Well it's placement.
Norton/ What makes me, I want to, I'm a little bit, I want to get the plan in mind here.
Once we get this design done, right, at what point do we contemplate doing
anything actual construction-wise?
Schmadeke/ It'll be a year from this summer before --
Norton/It means that we were going to have to, I'm turning partly to Steve, I'm told
we're going to have to start thinking about plmus for the peninsula itself pretty
soon.
Steve Atkins/ Yes.
Norton/ Otherwise we're going to have a road to nowhere.
Atkins/ That's right.
Nov/ We're talking about the 1999 construction season?
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Sctnr~adeke/ That's right.
Kubby/ And what about the timing for going down the hill towards Dubuque Street on
Foster?
Schmadeke/ That's also scheduled for 1999, but it's not part of this contract.
Kubby/ Because one of the things I'm really going to want us to be thinking about, and I
talked about this with 965, too, is making sure that we have some accommodation
for, road-building is one of the most destructive things that we do, to try to
minimize the destruction on both, because there are so many trees on both sides of
the road as you go down there. I'll make a note of that for when we do that.
Norton/ Now this can, this assumes we're going to have sidewalks along here, too.
That's in this design because that's where the trail's going to be now that we are
up on top.
Schmadeke/That's right.
Kubby/ This won't take out the two oaks at the end of this road, at least at this point? I
mean, because to me, that's an opportunity to be the entrance to the subdivision.
That's something no matter if it's public-private, public, or private. That that is a,
there's an opportunity to use those trees as the gateway to that whole beautiful
area, so how this is designed whether those trees can --
Schmadeke/ Yeah, we'll have to look at that. I haven't really looked at that very closely.
Kubby/ I don't lmow how wide that is there. It may not, but even to do one or the other,
to save one or the other.
Vanderhoef/ We could probably save one, but I don't, that's pretty narrow.
Kubby/ But I --
Vanderhoef/ Where the gate is.
Kubby/ But I would like us to design the road so that it doesn't take both of them out if
that's possible. And if we can save them both, that would be a great opportunity
for us.
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Norton/ Remember, this isn't an arterial going, this isn't carrying tons of traffic. It's a
pretty limited amount of traffic.
Kubby/ Does anyone have a problem with this designing the road to try to reduce that?
Lehman/ Save it, no --
Nov/ I think we do that regularly.
Vanderhoef/We can try.
Nov/Try to save the trees.
Norton/ Let the traffic go and leave the tree in the street.
Vanderhoef/ I've seen them out east where there are two lanes and the tree sits in the
middle and they go around 'em.
Nov/ It happens.
Vanderhoef/ It happens.
Nov/ It's not so terrible.
Norton/ This is not carrying traffic --
Vanderhoef/ Uniqueness is what we've got.
Thornberry/ We'll save the trees.
Nov/ Okay, folks. (Can't understand) say save the trees, he's going to do it.
Norton/ Those tree-huggers will be out there.
Kubby/ I like that kind of direction.
Norton/ We tree-huggers, pardon me.
Nov/ Is there any other discussion? Roll call- (yes).
page 6
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October 7, 1997 City of Iowa City Page 10
ITEM NO. 17.
55
CONSIDER A RESOLUTION APPROVING AND AUTHORIZING EXECUTION
OF AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND RICHARD
AND LORETTA ANGERER FOR TEMPORARY USE OF RIGHTS-OF-WAY
FOR A PORTION OF COLLEGE STREET AND MUSCATINE AVENUE IN
IOWA CITY, IOWA.
Comment: This agreement allows the property owner at 1231 College
Street the continued placement of a retaining wall along the College
Street and Muscatine Avenue rights-of-way for erosion control and
aesthetic reasons. The agreement also provides that if the retaining wall
is removed for any reason by the City, the property owner is responsible
for the restoration of the wall. Public Works and Engineering recommend
approval of the Temporary Use of Rights-of-Way Agreement.
Action: ~:::~~..-~~.~~ ~
ITEM NO. 18.
CONSIDER A RESOLUTION RECLASSIFYING THE POSITION OF
ELECTRONICS TECHNICIAN - TRAFFIC ENGINEERING IN THE TRAFFIC
ENGINEERING DIVISION OF THE PUBLIC WORKS DEPARTMENT AND
AMENDING THE AFSCME PAY PLAN,
ITEM NO. 19.
?7- S.H
Comment: Due to the reorganization within the Public Works Department
the duties of the position of Electronics Technician - Traffic Engineering
have changed. The Classification Committee has reviewed these changes
and recommends that the position be upgraded from AFSCME Grade 12
to AFSCME Grade 13. Annual cost is approximately ~1,400.
Action: ~'~~~ ~_~ ~
CONSIDER A RESOLUTION APPOINTING ELEANOR M. DILKES AS CITY
ATTORNEY AND SETTING COMPENSATION.
Comment: Eleanor M. Dilkes has been named City Attorney effective
September 29, 1997. This resolution confirms that appointment and
establishes a salary for Ms. Dilkes.
Action: 7,~~.~.~.2/~/~~ ~ ~_ ~ 2
#17 page 1
ITEM NO. 17 CONSIDER A RESOLUTION APPROVING AND AUTHORIZING
EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF IOWA CITY
AND RICHARD AND LORETTA ANGERER FOR TEMPORARY USE OF
RIGHTS-OF-WAY FOR A PORTION OF COLLEGE STREET AND
MUSCATINE AVENUE IN IOWA CITY, IOWA.
Nov/ (Reads agenda item #17).
Thornberry Move adoption of the resolution.
Lehman/ Second.
Nov/ Moved by Thornberry, seconded by Lehman. Discussion?
Norton/ I wonder, how long have they been in there? How long has that been there, a
long time?
Nov/ Yeah, a long time.
Kubby/ They have a new wall, but they're had a wall.
Norton/They've had a wall there, haven't they?
Lehman/ Well, I think it was a yard before, and they wanted to put a retaining wall in to
improve the appearance.
Atkins/ I don't recall. I thought they'd had a wall there, and they just refurbished it.
Lehman/ They built it up.
Atkins/ Yeah.
Lehman/ It was a big improvement.
Norton/ But the location is still the same, and the right-of-way has been there for a long
time, right?
Atkins/ Yes.
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Nov/ And we have occasionally had these old constructions and rights-of-way, and then
people realized that it's in the rights-of-way, and they said we'd better have an
agreement, and so we sign it.
Norton/Yeah, well, we'd better. I've got a piece of my garage in it, I think.
Nov/ Well, we'd better have an agreement.
Lehman/ We'll take yours up next.
Norton/ Get away.
Nov/ Check that. (Can't understand). Building code enforcement in place of a vote.
Norton/ I have a funny looking garage.
Thornberry/ It'll take four votes, you lmow.
Norton/ I'll have a hard time getting them.
Nov/ Roll call- (yes).
CHANGE TAPE TO REEL 97-141 SIDE A
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ITEM NO. 18 CONSIDER A RESOLUTION RECLASSIFYING THE POSITION OF
ELECTRONICS TECHNICIAN - TRAFFIC ENGINEERING IN THE TRAFFIC
ENGINEERING DIVISION OF THE PUBLIC WORKS DEPARTMENT AND
AMENDING THE AFSCME PAY PLAN.
Nov/ (Reads agenda item #18).
Kubby/ Move adoption.
Norton/ Second.
Nov/ Moved by Kubby, seconded by Norton. Steve, do we have any details about
exactly what the changes are? Dale?
Dale Helling/ Not specifically about what they are. This is one of those things that goes
to the Classification Committee that is comprised of management personnel plus
the Union. This is part of our whole classification plan. They review it for certain
criteria, and then determine whether or not it's properly placed in pay grades or
not, and this happens occasionally. Any employee can ask that their position be
reviewed. It's made up of an even number of AFSCME representatives and City
management representatives, and it talces a majority to reclassify a position up or
down.
Nov/ All right. No one said to this technician your duties are changing in this manner,
and therefore you're being reclassified.
Helling/ Usually it happens over a period of time. Just that the way that the job evolves,
and at some point they look at it and maize that determination.
Nov/ Okay.
Norton/ Who initiates that? The employee?
I-Ielling/ Generally the employee, yes. Or the Union.
Norton/ Supervisor could?
Helling/ Supervisor could, and sometimes they do, yes.
Nov/ Okay, thank you. Any other discussion? Roll call- (yes). We have approved this
resolution.
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ITEM NO. 19 CONSIDER A RESOLUTION APPOiNTING ELEANOR M. DILIrd~S
AS CITY ATTORNEY AND SETTING COMPENSATION.
Nov/ (Reads agenda item #19).
Thornberry/ Move adoption of the resolution.
Lehman/ Second.
Nov/ Moved by Thornberry, seconded by Lehman.
Kubby/ We're very happy to have you.
Nov/ Yes, yes, we are.
Dilkes/ Thank you, I'm happy to be here.
Norton/ Welcome aboard.
Lehman/ Eleanor, I was just going to say we're damn proud.
Nov/ And you've got to say it that way.
Lehman/ Yeah, I've just got to say it that way.
Baker/ Does she get any back pay?
Nov/ What do you mean back pay? She's been getting paid for every minute --
Baker/ I mean since September 29th.
Nov/ She gets paid starting September 29th.
Baker/ No, really?
Nov/ Yeah, really.
Baker/ Up till now? I mean it's not official till now.
Nov/ It's official.
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Norton/ This is a confirming resolution.
Baker/ I see.
Nov/ We signed an agreement, Eleanor and I. It's official.
Baker/ I see.
??/ It's back pay and hazard pay and --
Thornberry/ Voting pay?
Norton/ Combat pay, yeah.
Nov/ I think we'd better have seven votes. Roll call- (yes). We have approved the
resolution, Welcome aboard.
Thornberry/ She's been aboard.
Nov/ Okay.
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October 7, 1997 City of Iowa City Page
ITEM NO. 20.
CONSIDER MOTION GRANTING A 45 DAY EXTENSION TO THE POLICE
CITIZEN REVIEW BOARD FOR THE FILING A REPORT WITH THE CITY
COUNCIL ON COMPLAINT #97-1.
Comment: Ordinance 97-3792 establishes the Police Citizen Review
Board and sets forth reporting mechanisms for complaints. The
Ordinance also provides for the City Council to grant extensions of the 30
day reporting requirement for good cause. At their meeting of October 2,
1997, the Board unanimously requested a 45 day extension for the
reasons stated in the letter included in Council packet. If the extension is
granted, the Board intends to have a report filed with the City Council no
later than November 21.
(1)
Board of Adjustment: One vacancy to fill a five-year term ending
January 1, 2003. (Term expires for Pat Eckhardt.) (2 females
and 2 males currently serve on this Board.)
(2)
Board of Library Trustees: One vacancy to fill an unexpired term
ending July 1, 2003. (Margaret Cox resigned.) (4 females and 4
males currently serve on this Board.) Correspondence included in
Council packet.
(3)
Human Rights Commission: Three vacancies to fill three-year
terms ending January 1, 2001. (Terms expire for Joan Jehle,
Diane Martin, and Pamela Dautremont.) (4 females and 1 male
currently serve on this Commission.)
(4)
Parks and Recreation Commission: Two vacancies to fill four-
year terms ending January 1, 2002. (Terms expire for Bruce
Maurer and Barbara Endel.) (2 females and 5 males currently
serve on this Commission.)
(5)
Riverfront and Natural Areas Commission: Three vacancies to fill
three-year terms ending December 31, 2000. (Terms expire for
Cortney Daniels, Catherine Pugh, and Jim Pugh.) (2 females and
6 males currently serve on this Commission.)
b. Previously-Announced Vacancies.
(1)
Design Review Committee: One vacancy for a Business or
Property Owner from the Central Business District or Near
Southside Neighborhood to fill an unexpired term ending
July 1, 1999. (Daryl Woodson resigned.) (2 females and 4
males currently serve on this Committee.)
#20 page 1
ITEM NO. 20 CONSIDER MOTION GRANTING A 45 DAY EXTENSION TO THE
POLICE CITIZEN REVIEW BOARD FOR THE FILING A REPORT WITH
THE CITY COUNCIL ON COMPLAINT #97-1.
Nov/ (Reads agenda item #20). We need a motion.
Norton/ So moved.
Thomberry Second.
Nov/ Moved by Norton, seconded by Thomberry. Discussion?
Thornberry/ I would like to meet the board someday. I mean, do we have to go to one of
the meetings, I mean I would like to meet who we appointed face to face.
Atkins/ I think we could invite them to come for a meeting, yeah.
Kubby/ That would be good because then they could be introduced to the community at
the beginning of a formal, and then they could leave.
Thornberry/ Yeah.
Kubby/ That's a great idea.
Nov/ We can do that.
Thornberry/ To let the public lmow who they are, face to face, and that we actually have
them, and who they are.
Norton/ I just want, I certainly think that'd be a good idea, Dean. I want to just, I noted
in the letter, I noted when I read it the first time, that part of the reason for the
delay was that there's a chief's report dated September 8th, got to them September
29th --
Nov/ They didn't exist --
Thornberry/ They weren't there.
Norton/ So they, he couldn't do anything with it, in other words.
Thomberry/ No.
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Nov/ Well,--
Karr/ No, he did his report. The board did not have the chance to do their report. That's
the delay.
Norton/ Didn't have any place to do that.
Nov/ Right. So they're asking for a day, a delay in which to do their report. --
Norton/ They're meeting (can't understand).
Nov/ We don't lmow if they're going to continually need 45 days. This may come back
to us as kind of a regular thing. We may have to reconsider how many days they
need.
Norton/ Yeah, okay.
Nov/ But for this one they need a longer period of time.
Thornberry/ Sure.
Kubby/ They need to set themselves up. It's quite reasonable.
Thornberry/ Right.
Nov/ It's not an unreasonable request. I assume we can go along with this. This is a
motion, correct?
Karr/ Yes.
Nov/ We need ayes. All in favor, please say aye- (ayes). Opposed, same sign-. Motion
carried.
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City of iowa City
N! EI '[OF AN
Date: October 6, 1997
To:
From
Re:
Mayor & City Council
City Clerk
Addition to October 7 Agenda
Item No. 21. ~7- $$¢~)
CONSIDER AN ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES
AND TRAFFIC," CHAPTER 1, ENTITLED "DEFINITIONS, ADMINISTRATION AND EN-
FORCEMENT OF TRAFFIC REVISIONS," SECTION 9, ENTITLED "ACCIDENTS," BY
REPEALING PARAGRAPH A, ENTITLED "REPORT OF ACCIDENT; INABILITY TO RE-
PORT." (pass & adopt)
Comment: This action is being taken as part of a cooperative effort between the Iowa
City Police Department and the Johnson County Council of Governments to provide
better traffic accident information for traffic engineering and traffic planning pur-
poses. The ICPD is currently providing copies of officer-completed crash reports to
JCCOG for traffic engineering data purposes. The current participant-completed crash
reports are less reliable and less informative than the officer-completed reports and
thereby unnecessary as long as cooperation continues between the ICPD and
JCCOG. The amendment will reduce paperwork for both ICPD and JCCOG.
Action: /~Z~_... //~~
City of Iowa City
MEMORANDUM
Date:
To:
From:
Re:
ITEM 22
October 6, 1997
Mayor and City Council
City Clerk
Addition to Agenda
CONSIDER A RESOLUTION RATIFYING SETTLEMENT OF PENDING
LITIGATION
Comment: Sandra J. Currier, Everett Currier, Tabitha Rasmussen, and Karissa
Rasmussen, individually, and Sandra J. Currier on behalf of her minor children
Christiana Rasmussen, Shoshanna Rasmussen, Ariana Rasmussen, Seth
Leaton, Ayla Leaton, Raina Leaton, and Elijah Currier filed a lawsuit in the
Johnson County District Court, No. 57303, against the City of Iowa City with
regard to injuries Sandra J. Currier sustained while using a swing in CRANDIC
Park in Iowa City on June 2z~, 1997. Any damages against the City for this
claim are the responsibility of the City's excess liability insurance carrier. All
parties in this matter have arrived at a settlement agreement, which has been
approved by the City's excess liability insurance carrier, and wish to resolve
the claim without further litigation. This Resolution confirms and ratifies the
settlement agreement negotiated by the parties, contingent upon execution of
an appropriate release and dismissal of the City of Iowa City from Johnson
County District Court case No. 56035, with prejudice.
Action:
****Please renumber the remaining agenda items****
#23 page 1
ITEM NO. 23 ANNOUNCEMENT OF VACANCIES
Nov/ (Reads agenda item #23). We're going to have a lot of time on that one.
Vanderhoef/ We're going to need those applications early.
Thomberry/ Please apply.
Nov/ Yes, please, please.
Thomberry/ These boards.
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October 7, '1997 City of Iowa City Page 12
(2)
Board of Appeals: Two vacancies (one Home Builders'
Association Representative and one Licensed Plumber) for five-
year terms ending December 31, 2002. (Terms expire for John
Roffman and Gary Haman.) (1 female and 4 males currently
serve on this Board.)
(3) Senior Center Commission: Two vacancies for three-year terms
ending December 31, 2000. (Terms expire for Chevalier
Monsanto and Robert Kemp.) (5 females and 2 males currently
~~h s ae p~® this Commission.)
ents will be made at the November 1 1 Council meeting.
ITEM NO. CITY COUNCIL APPOINTMENTS.
ITEM NO. .
a. Consider one appointment to the Iowa City Human Rights Commission
to fill an unexpired term ending January 1, 2000. (Dereck Hall
resigned.) (4 females and 1 male currently serve on this Commission.)
CITY COUNCIL INFORMATION.
ITEM NO. ~.~
REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY.
a. City Manager.
b. City Attorney.
ITEM NO. 72~.'-
ADJOURNMENT.
.
#24 page 1
ITEM NO. 24 CITY COUNCIL APPOINTMENTS
Nov/ (Reads agenda item #24). We need a motion.
Lehman/ So moved.
Thornberry/ Second.
Nov/ Moved by Lehman, seconded by Thornberry, that we appoint this man to the
Human Rights Commission.
Thornberry/ There were a lot of good applicants on this one, on this particular one, and --
Nov/ We are going to hold the applications because there are more terms coming up for
the next appointments.
Thornberry/ Yeah, and I really thought Astrid was very good, and I was very impressed
by tallring with her, and I hope she continues to volunteer, being new to the City
and our Country.
Nov/ But all of the applications will be held.
Thornberry/ Okay.
Nov/
We'll hold them for a couple of months anyway, and we're doing this appointment
next month, anyway. Three months, Marian says, that they will be a continued
applicant for the following three appointments. And I think that we had four
applicants, and we would be happy to have more. We're always happy to have
more. And we didn't vote, right? All in favor, please say aye- (ayes). Motion
carried.
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ITEM NO. 25 CITY COUNCIL INFORMATION
Nov/ We now have City Council Information, and I'm going to be first. We're going to
say Happy Birthday to Dean Thornberry.
Thomberry/ Another one.
Nov/ Open it up and spread it out.
Thornberry/ Spread it out?
Nov/ Oh yeah, oh yeah.
Thornberry/ Before I look at it, this one?
Nov/ This one, right, okay. Keep going. Okay, it stands up right here.
Thornberry/ I haven't seen it.
Nov/ You haven't seen it? Well turn around and look at it, and then stand it up.
Thornberry/ Happy birthday. Oh, yeah, I will keep eating right and all those things.
Thank you, Karen.
Norton/ You're gaining on me.
Thornberry/ Not that fast. Thank you. Thank you very much.
Nov/ Okay.
Norton/ Happy birthday, Dean.
Vanderhoef/ Happy birthday, Dean, and many happy more.
Thomberry/Thank you, thank you very much.
Lekman/ We would sing, Dean, but they probably would take us offTV.
Nov/ They definitely would take you off the TV. I personally would turn the sound off.
Vanderhoef/ If we sang, we'd be singing "How old are you now?"
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Nov/ Okay. I'm going to do one more announcement before I turn this over to other
folks. We have the results of the City elections. Both Baker and Champion were
moving forward to November. And we had Lehman and O'Donnell, and Wilbum
and Derek Maurer moving forward for the November election for the two at-large
seats. Congratulations.
Norton/Congratulations.
Nov/ Congratulations to everybody.
Baker/ They're calling me --
Nov/ Good luck in the next election.
Baker/ They're calling me Landslide Larry now.
Nov/ They do? Oh, okay. All right, Landslide, do you have anything that you would
like to add to this Council Information?
Baker/ Yes. Actually, on a --
Thornberry/ Is it your turn first?
Baker/ I think it's my turn first. I'm still pushing for that fence. In our packet, we had a
memo from Doug Boothroy about the, whether or not we want to consider some
sort of inspection process for the fringe areas. Is that going to come back for
discussion, or --
Atkins/ It's up to you all.
Norton/ What's the issue again, Larry? I didn't get --
Baiter/
Whether we should enter into some sort of agreement with the County about
when we're reviewing development in the fringe area, whether we can inspect, or
apply the City's housing standards or inspection standards.
Norton/ Seems like a pretty good idea to me.
Baker/ I don't reinember where the memo came from --
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Atkins/ It came from Council. I don't recall specifically who said it --
Nov/ Yeah, we talked about it --
Atkins/ Pros and cons memo --
Kubby/ I did. We talked about it at the joint meeting.
Atkins/ At the joint meeting.
Kubby/ As the County was exploring this, I wanted to do some follow-up on our
perspective.
Baker/ So, are we going to talk about this --
Kubby/ It could be at an informal.
Baker/ Sure.
Norton/Yeah.
Baker/ I just thought I'd see --
Norton/ I think that would be a good time for it.
Vanderhoef/ I thought maybe it was the County was going to come back to us after they
had had all their discussion
Atkins/ It's your call.
Nov/ I don't lmow.
Baker/ Anyway, we can talk about it at least.
Kubby/ And I assume that that memo would have been sent to the County Supervisors?
Atkins/ No, I did not do that. But I will do that.
Baker/ Oh, yeah.
Kubby/ And it also is a reminder about the issue by us sending it.
page 3
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Baker/ Yeah.
Kubby/ By us sending the memo.
Baker/ And that's all I have, thank you.
Nov/ Dee?
Vanderhoef/ Well, I've got a couple of things. One, I went to the showing of the designs
for the Children's Museum out at Sycamore Mall, and Melanie Dubenet (??) and
Jennifer McClarty (??) were there. And these to energetic women have really
brought something to our metropolitan area, and I just would like to congratulate
them on a good job, and I look forward to seeing the new museum. And it really
brings it to mind because while we were at the League of Cities, Naomi and I had
the opportunity to go to what they called the Learning Center in Bettendorf, which
has a museum that is ldnd of a cross between a children's museum and a science
museum. And it's on the campus, also, with the library. And it is a beautifully,
well-orchestrated, community project, and it's well worth the time to go see it.
Nov/ And they have a beautiful new library, which is an addition to the old library. And
the old library's very well hidden inside there.
Vanderhoef/ And if anyone would like to see some of the floorplans and the statistics on
that, I have them all. I requested them and they were mailed to me this past week.
So I have the library information.
Nov/ Terrific. Okay?
Vanderhoef/ Then, the other one is something I've never done before at a Council, but
I'd like to aclmowledge Miss Joella Antes who passed away this past year, and
who has bequeathed to the Iowa City Senior Center, approximately $25,000 of her
estate. I've had the privilege of being both her nursing student, colleague at
University Hospital, as well as a friend in recent years. And I'd just like to say
she was a most giving and caring woman, and will be missed in the Iowa City and
the Nursing community.
Nov/ Dean?
Thornberry/ Two quick things. The, I lmow you're all interested in the Habitat for
Humanity house was started a couple of weeks ago. It's finished. The people are
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in, and thanks to the First Methodist Church, Jan Taylor, et al., and everybody that
participated in that. And there will be another one starting soon. But the people
are very happy in their new home, and it's now completed. In just a couple of
weeks. The second thing is, Bill Meardon, get out of the hospital and get back to
work. Nobody's going to be able to find stuff in your office. He's in Mercy
Hospital, and this is the what, 7th of October, and if anybody would like to write
or call Bill, I'm sure he'd be glad to hear from you. He's in Mercy Hospital, Bill
Meardon.
Nov/ Send a card, don't call.
Thornberry/ Send a card. Thank you.
Nov/ Ernie?
Lehman/ Well, your Honor, I've been told that you're expecting a birthday next week, is
that correct?
Nov/ Next week, yeah.
Lehman/ Would you like to kind of look at that?
Kubby/ I think we're (can't understand).
Lehman/ We'd like to wish you a very, very, happy birthday.
Nov/ Well thank you, that's very sweet.
Lehman/ And I'd just like to tell the folks at home, and I mean in my home, that I'll be
there pretty quick, and save me a Coke, thank you.
Kubby/ Then I'll try to be brief. I have a couple things. One is, I wanted to let people
know that Carol DeProsse installation called "The Death of an Artist:
Indictment" will be at the Arts Iowa City through October 31st.
Norton/ At the Arts Center?
Kubby/ At the Arts Center on Washington Street, called Arts Iowa City. If you have
time to read everything. Secondly, I was at the veggie rest on Sunday, and forgot
the keys to unlock my bike afterwards, and so my husband had to ride home to get
my keys and ride back. In the meantime, I was hanging out watching all the
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skaters in the City parking lot. And I'm really happy to see that it's taken some
time for people to realize that space is for them, and that people have constructed
their own ramps, and people are using it. And there's a combination, a very
interesting dynamic of people, I don't know what they call the kind of bicycles,
but they do this wonderful dance, and wonderful physical feats with the bicycle.
There are people rollerblading, and people skateboarding, and they're all watching
out for each other, and they're all learning from each other. And just hearing the
sound of the blades on the concrete got my blood rolling, and I was just sitting
there, and it was very exciting, and I'm happy that that's working out. I'm glad
that people are using it.
Nov/ However, they're not putting away the ramps. I came out last night, and every
piece that had been taken out was left on the parking lot.
Atkins/ That was last night?
Nov/ Last night.
Atkins/ I came in early this morning and they were put away.
Nov/ I have a feeling that one of our employees had to put them away this time.
Kubby/ It could have been someone doing it at 1 a.m. We don't really know. We should
ask questions.
Atkins/ I will check that, because we chewed on them pretty good, and they responded.
Nov/ At 11 o'clock last night, there was no one using those equipment pieces
Atkins/ Okay, Marian made a note.
Nov/ And they were sitting there.
Karr/ I left later than that, and they were using them in force when I left.
Nov/ They were using them? Okay. They had taken a break when I left.
Atkins/ They took a break.
Karr/ There were quite a number. There were half a dozen individuals out there much
later than that.
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Nov/ I'm glad to hear that.
Vanderhoeff I suspect that our police might keep, sort of keep track of that at shift
changes.
Nov/ Our sign crew made a big fancy sign telling them what to do with all those rules. I
thought that was pretty interesting.
Atkins/ The last week, it's worked very well. Very well.
Nov/ Good. I'm delighted they're using it.
Kubby/Yeah. It's exciting.
Nov/ Good.
Kubby/ I wanted to also let people know about an innovative art project that's going on
in our bus system, where our Transit Manager, Ron Logsden, is communicated
with the Iowa City school system to display elementary and junior high student
art on our buses, so every month or so there'll be another bus with some local
creative art. And I think these are the kinds of things, in combination, that we
need to do to save and improve our public transit system. So this is just one
indication of some good innovation, and I hope to see much more of that kind of
activity for public transit. And lastly, just to remind people, that Hospice Road
Races are coming up October 19th. The options are so great nowadays, you can
walk, you can run, you can bike, you can swim, and if you don't want to do any of
that, you can cheerlead, and you can make money for all the different human
service agencies in the community. So, many of us are collecting pledges, or
family members are collecting pledges and participating, and it's a great way to
add private money to the public money that's going to our human service
agencies. Thanks.
Nov/ Tharflc you.
Norton/ Just a couple of quick ones. I made this point last night, but I just want to
remind people to take a look at what's happening downtown in terms of cleanup
operations which are now going on, not only every day, but there's an afternoon
shift and a Saturday morning shift, and they're really making an impact, both with
the machines, and otherwise. And not just in the Ped Mall, but to some extent,
outside the Ped Mall. And that's really making a difference, I think. I just want
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people to encourage them, and do their own part of it in picking up downtown.
I'm going to ask a question for clarification. Did we, last night, did we decide
somehow to change the lane markings on Melrose last night?
Atkins/ No, you asked for a report on what the consequences would be to address that
letter --
Kubby/ And then if we want to, we have to do --
Norton/ So it's under advisement at any rate.
Nov/ We have to do that by ordinance.
Atkins/ It is an ordinance.
Nov/ We can't make that decision by nodding heads.
Atkins/ So, we're preparing a report and you'll have it by your next meeting.
Norton/ That's what I thought, okay. But it, at least we're considering it?
Nov/ We're considering it.
Norton/ Yes, okay. Well I suppose all o£you have heard about the Water Festival
coming up on October 18th. I hope some others will join me. I went last year,
and I guess I'll go again --
Kubby/ Will you give particulars so the --
Nov/ I did call --
Norton/ They call it the Johnson County Family Water Festival. It's at Northwest Junior
High in Coralville on Saturday, October 18th from 10 to 2 p.m. An opportunity to
inform and educate residents of the County about the importance of water in our
lives. And they have a number of officials and people from the Water and
Technical people and people from the Water department.
Nov/ And there are lots of events. There's a concert and really neat demonstrations, and
storytelling, and those kinds of stuff. And if anybody wants to bring water
samples, they'll analyze your water sample for you.
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Thornberry/ Bring water in ajar, and they'll test it for you and see how good it is.
Kubby/ Although you lmow, the letter we got asking us to come and participate as
elected officials to discuss water quality and quantity issues with the public, didn't
really say what time, or so we might need to coordinate --
Norton/ We may need to, yeah.
Nov/ Well, they wanted people to call and say what time they could come.
Kubby/ We can just call individually.
Nov/ Okay.
Nov/ And I did call. They said all times were available, and they had someone who had
signed up for 1:00. So I signed up for 10:00.
Because last year, I believe it was during school time,
Norton/ Isn't it a little different?
wasn't it?
Nov/ It was.
Norton/ They had actual classes.
This is slightly different this year.
Thornberry/ Yeah, I gave a couple of classes, and that was interesting.
Nov/ Yeah, we did classroom work last year. This week, I mean this year, it's something
else.
Thornberry/ Those kids were knowledgeable about water. They had some good
questions.
Nov/ Anything else?
Norton/ No, that's it.
Nov/ Okay. I'm going to announce another school thing that's coming up. There will be
a show in the elementary schools called "Magic of Recycling". This is a magician
from Massachusetts who performs a magic show based on recycling. And we're
sending this show around to various schools in the week of November 3rd to 7th.
On the 3rd, it will be at Mann Elementary School, and Clear Creek Elementary.
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On Tuesday, November 4th, Lone Tree Elementary and Regina. On Wednesday,
November 5th, Lakeview Elementary in Solon and Longfellow Elementary in
Iowa City. Thursday, November 6th, IQrlcwood Elementary and Lemme
Elementary. Friday, November 7th, Central Elementary, Lucas, and Hoover. So,
anybody listening from those schools, they're going to have a good time with the
magician.
Thornberry/ He'll have to be a magician to get to all of those places that quick.
Nov/ Well, they're not that quick. There's time in between. I'm guessing this is a
demonstration that may take a half hour, so you've got plenty of time to get from
one place to another. It's not a big deal.
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City Council Meeting Schedule
and Tentative Work Session Agendas
October 3 - October 9, 1997
October 3, 1997
Telecast Live on Cable Channel 4
October 6
6:30p
7:00p
SPECIAL FORMAL COUNCIL MEETING
Executive Session
Litigation and Land Acquisition
MondayI
Council Chambers
COUNCIL WORK SESSION
Council Chambers
7:00p
7:30p
8:00p
8:10p
8:40p
8:55p
9:00p
Review Zoning Matters
Iowa Avenue Streetscape
Public Arts Advisory Committee
Redevelopment of Block 102
Water and Sewer Rate Changes
Consider One Appointment to the Human Rights Commission
Council Agenda/Council Time
I October 7
7:00p
FORMAL COUNCIL MEETING
Tuesday J
Council Chambers
Keg Ordinance
Hickory Hill West
Water Project Costs
Waste Pickup - 4-Plexes
Proposed U of l Parking Facility
Chutes and Vaults
Deer Management
FUTURE WORK SESSION ITEMS
Landfill Master Plan
Sand Point Wells
DARE Program Review
Sanitary Sewer Repair - New Policy Update
Cemetery Update
Sales Tax