HomeMy WebLinkAbout1997-11-11 AgendaSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office, 356-5040.
CITY COUNCIL /V~EETING
November 11, 1997 - 7:00 p.m.
Civic Center
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ITEM NO. 1.
ITEM NO. 2.
CALL TO ORDER.
ROLL CALL.
CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED
OR AMENDED.
a. Approval of Official Council Actions of the special meetings of
October 16, October 30, and the regular meeting of October 21, as
published, subject to corrections, as recommended by the City Clerk.
b. Minutes of Boards and Commissions.
(1) Iowa City Airport Commission - September 11
(2) Historic Preservation Commission - October 14
(3) Police Citizen Review Board - October 10
(4) Senior Center Commission- September 24
(,5) Housing and Community Development Commission - September 18
(6) Iowa City Public Library Board of Trustees - September 25
(7) Iowa City Public Library Board of Trustees - October 14
(8) Iowa City Board of Adjustment - October 8
(9) Planning and Zoning Commission - October 16
(10) Broadband Telecommunications Commission - September 22
(11 ) Riverfront and Natural Areas Commission - October 15
(12) Iowa City Human Rights Commission - September 22
(13) Iowa City Human Rights Commission - October 27
Recommendation to Council: A public hearing be set on the
administrative closure revisions to the Iowa City Human Rights
Ordinance.
November 1'1, 1997 City of Iowa City Page 2
Permit Motions and Resolutions as Recommended by the City Clerk.
(1) Consider a motion approving a Class C Beer Permit for Fareway
Stores, Inc., dba Fareway Stores, Inc., 2530 Westwinds Dr.
(Renewal)
(2) Consider a motion approving a Class E Beer Permit for Eagle
Food Centers, Inc., dba Eagle Food Center #157, 600 N; Dodge
St. (Renewal)
(3) Consider a motion 'approving a Class E Beer Permit for Eagle
Food Centers, Inc., dba Eagle Food Center #220, 11 Highway 1
West. (Renewal)
(4) Consider a motion approving a' Class E Beer Permit for
Highlander, Inc., dba ExpresStop, 2545 N. Dodge St. (Renewal)
(5) Consider a Resolution to issue a Cigarette Permit to Maxie's,
1920 Keokuk Street.
d. Setting Public Hearings.
(1)
CONSIDER A MOTION SETTING A PUBLIC HEARING FOR
NOVEMBER 18 ON THE PROPOSED ORDINANCE AMENDING
TITLE 2 OF THE CITY CODE, THE HUMAN RIGHTS ORDINANCE
OF THE CITY OF IOWA CITY, IOWA, TO ALLOW FOR
ADMINISTRATIVE CLOSURES OF HUMAN RIGHTS
COMPLAINTS THAT DO NOT WARRANT FURTHER
INVESTIGATION.
(2)
Comment: The Iowa City Human Rights ordinance does not
include a procedure for the administrative closure of a complaint
when further investigation is unwarranted. The Iowa City Human
Rights Commission has recommended that the Commission have
the authority to administratively close complaints that do not
warrant further investigation and 'believes such authority will
result in a more efficient human rights complaint process.
CONSIDER A RESOLUTION SETTING A PUBLIC HEARING FOR
NOVEMBER 18 ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF
THE CAPTAIN IRISH PARKWAY PHASE I IMPROVEMENTS
PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF
SAID HEARING, AND DIRECTING THE CITY ENGINEER TO
PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION.
Comment: The construction of the Captain Irish Parkway Phase I
Improvements include, Captain Irish Parkway from Dodge Street to
First Avenue extended, the widening and signalization of Dodge
Street at Captain Irish Parkway, and an eight foot wide sidewalk on
the west side of First Avenue extending from Rochester Avenue to
the northern terminus of First Avenue. Funding will be from Road
Use Taxes and General Obligation Bond proceeds.
November 11, 1997 City of Iowa City Page 3
(3)
CONSIDER A RESOLUTION SETTING A PUBLIC HEARING FOR
NOVEMBER 18 ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF
THE WATER FACILITY IMPROVEMENTS - WATER MAIN PHASE
II PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF
SAID HEARING, AND DIRECTING THE CITY ENGINEER TO
PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION.
Comment: This project consists of construction of a 24" feeder
water main from the Rochester Storage Tank to Dodge Street
following a route along the west side of First Avenue. This feeder
main, when completed, will extend to the new water plant. In
addition, a "distribution" main will be constructed from the existing 12"
main on First Avenue to Captain Irish Parkway and then along
Captain Irish Parkway to Dodge Street. Funding will from Water
Bond proceeds.
f. Resolutions.
(1)
CONSIDER A RESOLUTION AUTHORIZING THE
MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A
SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA
CITY AND FIRST NATIONAL BANK, IOWA CITY, FOR
PROPERTY LOCATED AT 3351 WINTERGREEN DRIVE AND
1804 HANNAH JO COURT, IOWA CITY, IOWA.
Comment: First National Bank, Iowa City, has requested that
the City approve a Subordination Agreement for 3351
Wintergreen Drive and 1804 Hannah Jo Court. On August 23,
1996 Greater Iowa City Housing Fellowship (GICHF) received a
loan from the HOME Investment Partnership Fund and a
Mortgage for a total of 948,000. First National Bank is about to
finance a construction loan to GICHF to build two homes. The
City's original lien position (first) will be restored when the
homes are sold and the construction loan is repaid.
(2)
CONSIDER A RESOLUTION APPROVING THE THIRD AMENDED
AND RESTATED INTERGOVERNMENTAL AGREEMENT FOR THE
ASSISTED HOUSING RISK MANAGEMENT ASSOCIATION
(AHRMA).
Comment: AHRMA is the intergover. nmental association the Iowa
City Housing Authority (ICHA) belongs to for insurance
coverage. The resolution approves an amended agreement with
AHRMA the purpose of which is two-fold; to remove language
referring to the initial reserve contribution which is no longer
collected, and to combine all AHRMA funds in order to ease
administrative burdens and to provide the AHRMA Board
flexibility when making financial decisions. Approval of the
resolution is necessary for ICHA to continue its insurance
coverage with AHRMA. Staff recommends approval of the
resolution.
November 'll, 1997 City of Iowa City Page 4
(3)
CONSIDER
FOR THE
FOR LOTS
A RESOLUTION ACCEPTING THE WORK
STORM SEWER PUBLIC IMPROVEMENT
I AND 2 OF BLOCK 7 BRAVERMAN CENTER.
97-
(4)
Comment: See Engineer's Report.
CONSIDER A RESOLUTION ACCEPTING
FOR THE CONSTRUCTION OF THE
PARKING RAMPS FACILITY UPGRADES TO
AND DUBUQUE STREET RAMPS
THE WORK
IOWA CITY
THE CAPITOL
PROJECT.
97-
(5)
Comment: See Engineer's Report.
RESOLUTION APPROVING AN AMENDMENT TO AN
AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE
IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT FOR
STATE OF IOWA HOME INVESTMENT PARTNERSHIP (HOME)
PROGRAM FUNDING, AND AUTHORIZING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST TO THE SAME.
Comment: The Iowa Department of Economic Development
proposes to amend this agreement so that operational funding
may be provided to Greater Iowa City Housing Fellowship.
Correspondence.
(1) Charles and Margaret Felling - Neighborhood Council
(2) Rory Fisher - snow removal
(3) Grace Trifaro- deer management
(4) JCCOG Traffic Engineering Planner:
(a) Repeal of Parking Prohibition on East Side of Benton Court
(b) Lane Designation at Burlington Street and Governor Street
Intersection
(c) Two Hour Parking on the North Side of the 100 Block of E.
Lafayette Street
(d) Lane Designation Modification at Intersection of
Highway 6, Highway 1, and Highway 921
(5) Civil Service Commission submitting certified lists of applicants
for the following position(s):
(a) Scalehouse Operator
Use of City Plaza. (all approved)
(1) Kit Murray (WRAC distribute literature) - October 23
(2) Andrea Slocum (rally against legalization of death penalty)
October 21
(3) Ray ParsOns (Socialist Workers Party distribute literature)
October 23
November 11, 1997 City of Iowa City Page $
i. Use of City Streets and Public Grounds, (approved)
(1) Patrick Abildtrup (U of I Homecoming Parade) - October 24
(2) Jenny Schulz (Equal Justice Foundation 5K Walk/Run) - October 26
i, Use of City Plaza. (approved).
(1) Carolyn Marr (United Nations Association distribute literature) =
November 7
ITEM NO. 3.
END OF CONSENT CALENDAR.
,,sc ss o. '
(ITEMS NO O~GENDA).
ITEM NO. 4. PLANNING AND ZONING MATTERS.
a. Public hearing on an ordinance amending the approved Sensitive
Areas Development Plan for Walden Hills to allow the development of
120 dwelling units on Lot 53, containing 8.66 acres and located
within the OSA-8, Sensitive Areas Overlay zone at the northwest
corner of Rohret Road and Shannon Drive. (REZ97-0016)
lCom~is anticipated that the Planning and Zoning Commission
ill vo et on t~_e~._at its November 6 meeting. Because of changes
the Council's me~-dng.~chedule and public notice requirements,
't't'n ~la~ ~ng u after the Comm-'~msio. Q's vote before setting the public
hearing would result in a delay of up~
Action:
#2 page 1
ITEM NO. 2 CONSIDER ADOPTION OF THE CONSENT CALENDAR AS
PRESENTED OR AMENDED.
Nov/ Adoption of the Consent Calendar as presented or amended.
Norton/ So moved.
Lehman/ Seconded.
Nov/
Moved by Norton, seconded by Lehman. I would like to delete two items that were
not amended until this moment. On the public hearings, we are going to defer
setting a public hearing on item 2 and 3. So, we now have a public hearing for
November 18th (repeated p.h. as set). Any other discussion? Roll call- (yes). We
have approved the Consent Calendar.
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ITEM NO. 3 PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA).
Nov/
Item #3 is Public Discussion, for items that are not on tonight's agenda. Please
come forward, sign your name and address, and speak for no longer than five
minutes.
Candida Maurer/ My name is Candida Maurer, and I'm coming before the Council,
originally, for one purpose, and I guess instead, for another. The first thing I want
to say, though, is I really want to thank the voters of Iowa City for delaying the
First Avenue Extension, and preserving the character of Hickory Hill Park. A
great deal of thought and effort went into this initiative, and I believe it represents
a strong statement by our community about our desire to be involved in decisions
that affect the way our City is developed. At this point, I was going to call for a
task force, and I hear that last night, you guys decided not to do a task force, but
instead, to follow the usual City planning process. Is that correct?
Nov/ Well, it's not the usual --
Maurer/ Oh, okay. It's the new usual.
Nov/
It is our new process, and what we are doing is having neighborhood groups,
section by section, work on the plan for the future, as part of our comprehensive
planning. And what the Staff has agreed to do is to put the northeast section,
which is already designated, to an earlier timeframe. And they're currently
working on the Southside. I'm not sure exactly when we'll get to the Northside,
but we will get to it in the spring next year.
Maurer/ Okay.
Nov/ So--
Maurer/ Now, does that mean that anyone who is interested, I mean I don't live in that
neighborhood, and I would sure like to be involved, I think, as a representative of
the Park.
Nov/ Anyone can come. However, the people who live in the neighborhood will be
expressly invited, and the meetings will be in that neighborhood.
Maurer/ Okay. Is there any way to assure ahead of time that people such as myself
would be informed about this in a timely manner? We're all pretty busy, and if I
only know about it two or three days ahead of time, I may not be able to show up.
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Nov/ Well, I would guess that those who live there will call you.
Maurer/ Well, I hope that's true.
Lehman/ There's got to be a way to do that.
Maurer/ Yeah, I just --
Council/ (All talking).
Nov/ We can do that. We can announce it at a City Council meeting, or --
Baker/ On Channel 4.
Nov/ In the paper or something. We can do that. I'm teasing you.
Maurer/ Okay. That would be terrific. I would really like to know that people who are
interested have the opportunity to be involved in this process.
Kubby/ Actually, Karin Franklin's already thinking about that. She called me, and she
and I spoke about this today, trying to brainstorm how do we communicate way
ahead of time so that it can go in organizations who are interested in this issue, in
their newsletters, in a way that you can get the information in time for your
normal deadline of newsletters, so that you can get it out to people, and make
calls, and do whatever organizing you do.
Maurer/ That would be terrific.
Kubby/ And that we should be, since we know now it's going to be March of '98, we
should know three, four weeks in advance when and where the meeting's going to
be.
Maurer/ That would be terrific. And I really want to say, I think I started at the
beginning of this whole process saying that I really believed consensus was
possible. And I still do, and I really think that this is a good process for our
community to have gone through, and that we can come to a workable solution.
And I'm just very, very happy with the people of Iowa City for taking the time
and energy to state that in their votes. Thank you.
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Nov/ You are welcome to have a copy of the Comprehensive Plan, as drafted. It's not
yet finally adopted. And also, the first section that has been approved by
neighbors. You can get that from the City Clerk's office tomorrow.
Maurer/ Okay, thanks.
Nov/ Is there anyone else who would like to talk to us about an item that is not on
tonight's agenda? Okay.
Derek Maurer/ Good evening. I'm Derek Maurer. I live at 328 S. Governor. And again,
I agree with everything my big sister says. And I guess I have a question, and that
is, now that the First Avenue Extension will be delayed for at least a couple of
years, what happens with Captain Irish Parkway? There's nothing to link it to.
Nov/ It will probably, and this is probably, go from Dodge Street as far as the ACT
driveway.
Lehman/ There'll be a public hearing.
Norton/ The first section.
Nov/ There'll be more discussion of it. So that's why I'm being vague.
Kubby/ Although we know what the alignment is --
Norton/ Yeah.
Kubby/ Because we've had extensive discussions about it, and we know that we plan on
redoing the Dodge Street - Captain Irish Parkway intersection, to realign it and
put the light in, and the alignment of Captain Irish Parkway, going kind of south
and bending to the east. And where it's going to be in terms of aligning with the
ACT driveway~ We know all that, so we can be specific.
Norton/ It won't connect with anything but the driveway.
Nov/ No, I'm not specific because we have not had a public heating. We have not had
bids. I'm not saying that I don't know where it's going. But he's asking will it be
constructed? And that's the question that we don't have yet. We don't know if
the bids are going to come in in a reasonable fashion.
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Kubby/ But our plans are to build that section that I just outlined, come, starting in
spring, right? And one of the items that we deferred, actually, in the Consent
Calendar, which I assume will be on again in two weeks, is a resolution for a
public hearing on those specifications for Captain Irish Parkway, as I just
outlined. And maybe what needs to happen is when this is on the Consent
Calendar -- or in a week, not two weeks, in one week -- we will set a public
hearing. Maybe at that point, we could have an overhead to show the community
what it is we're going to have a public hearing about. So then, they can choose to
come in and look at plans in more detail, if they want, and then make comment, is
it two weeks after that?
Norton/ Yeah.
Nov/ It's, if we set it next week, if the new drawings are ready, and we set the hearing
next week, it would be for December 9th.
Kubby/Okay.
D. Maurer/ Well, I'll put that aside for just a moment. I apologize, I wanted to back up,
and I did want to state very clearly that I do support the process that you've
agreed to undertake in terms of getting the Northeast Area Planning process
going. I applaud you. That's a very appropriate response to the vote on First
Avenue, and I applaud Karin Franklin and the Planning Department for coming
forward with that proposal, and you all for agreeing to undertake that process in a
very timely and appropriate manner. So, I didn't want to forget to say that. I do
have a couple of concerns about the Captain Irish Parkway, now that since First
Avenue won't be extended for at least a couple of years, since presumably, the
question of First Avenue will be part of the process that people will consider
when devising and developing the Northeast Area Plan, that I wonder why the
Captain Irish Parkway also shouldn't be part of that process. And another concern
about the Captain Irish Parkway is that with the alignment, I understand there's
going to, it will be necessary to fill in parts of a ravine and steep slopes, and
naturally, that's an environmental concern that we should take very seriously. But
again, let me thank you all for agreeing to go ahead with planning for the
Northeast Area Plan, and I'll leave it at that. Thank you.
Kubby/ Thanks, Derek. That's going to be true about any roads that are in that whole
Northeast Area. That whole area's full of steep slopes and ravines, and so maybe
part of the planning process is talking about how many roads are appropriate, and
where the most appropriate places to put them, so that there's the least amount of
destruction. It's going to be a hard one.
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C. Maurer/ I'd like to ask a question along this line. Does that then mean, you know, if
we're going to go, if we're going to go ahead with this planning process, do we
automatically have to assume that Captain Irish Parkway is going to be put
together the way it's been decided, or is that up for grabs now, too? Can that be
up for grabs now, in terms of looking at this whole area and how it should look,
ultimately?
Kubby/ We talked --
Nov/ The whole area will be up for discussion. However, we do need some sort of east-
west arterial street in that area.
C. Maurer/ Right.
Nov/
And we are thinking about starting at least the east end of it to give us another
access to Dodge Street. If we end up with a Scott Boulevard extension, that will
go to Captain Irish Parkway.
C. Maurer/ Right.
Nov/
Which would mean that the east end of Captain Irish Parkway would be finished
sooner if we decide at that meeting that that's the way the neighbors want it to go.
Or that's the way the public wants it to go.
Norton/ Yeah.
Nov/ I'm being vague just because I don't want to commit ourselves to anything
specific.
C. Maurer/ Yeah. Okay. I was just wondering what the process is at this point. Is the
City totally committed to Captain Irish the way it's put together, or can that be
looked at, too, now?
Norton/ At least the first section of it, we're fairly well committed. Where it goes then,
is uncertain, but we're moving along on the first part.
C. Maurer/ Okay.
Nov/ Dodge Street to the ACT driveway --
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C. Maurer/ To ACT. Sure.
Nov/ Is pretty well planned.
C. Maurer/ Yeah, and I knew that was pretty well planned. That's been in the works a
long time. But then, you're saying that the other part of--
Norton/ Rest of it might be.
C. Maurer/ Really could be fairly open still, to, as Karen said, how many roads go in
there.
Norton/ Yeah.
C. Maurer/ What they look like.
Nov/ That part has not been designed.
C. Maurer/ Okay.
Norton/ That's right. Where it goes --
Nov/ It's a line on a map, but all the engineering kinds of things still have to be done.
And I don't know exactly if that will move forward on our plans or not.
C. Maurer/ Okay, good. Thank you.
Bennett Brown/ Hi. Bennett Brown. 802 E. Washington Street. I wanted to
congratulate those of you that are done with your campaign, and the community
on the end of this one. I think it's been a hard one, because there were strong
opinions both directions about First Avenue. And I wanted to talk to you briefly
about two directions that I see that the community might go in the aftermath of
this vote. I think it's important to realize that the voters of Iowa City didn't vote
for a delay. As the newspapers were very clear, a delay will cost the City some
money, because the road will have to be graded twice. I don't think that people
voted to have the water lines go in now, and have the first avenue extension go in
in two years. Rather, I think that people voted to say "I'm not happy with the
City's current plan. I'm glad that someone has put this on the ballot so that I can
veto the City's current line of decision on this section of our City." And I see two
directions that the City can go from here. One is to say legally, the future Council
in two years could overturn the voters. Although the referendum delays First
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Avenue actually, until 2002, which is five years, much talk has been about the
delay for only two years. The reason for that is that the City Charter says that in
two years -- and I went over this in painstaking detail with the Attorney
beforehand -- in two years, the Council has the power to overrule the voters and
do whatever the Council would like. Even if 99% of the voters said they didn't
want the road, the Council could still do that. So, I think one option is that the
Council could say, oh, okay, people have blocked this for two years, and in two
years, we can go ahead and proceed with our plans. Option two would be to say
wow, not only a majority, but by the largest margin in any of the Council's
elections this year, any of them, the people said we don't want First Avenue.
Maybe people said we don't want First Avenue for the moment. But, I think it's
at least worth stepping back, and having a discussion to try and build consensus as
a community. There are people that live over on Rochester and First who work at
ACT who want a convenient commute. There are people that live on Rochester
and Dodge that would like less traffic on their streets. There are people who use
the Park who would like the Park to be able to expand to the east, as the cemetery
eats into the Park from the west. There are developers who would like access to
land that they own, where the First Avenue Extension and Captain Irish would
service. All of these concerns, there are people that live on First Avenue who
don't want First Avenue to become what the City's twenty year plan indicates it
would be, which is the worst road in the entire City. All of these concerns, I
think, could be solved creatively, so that everybody is happy. But that takes time,
and that I think is why people asked for a two year delay. So that we could come
up with a solution together that meets all of these constituencies. I realize that
several of you are very strongly supported by developers. And I understand that
they are extremely reliable constituencies. They are brought to City Hall very
frequently on business matters, and they have very close contact with the City's
workings, and for that mason, might be more heavily in contact with you. But I
would urge you to try as best as possible to form a forum in which the community
can reach consensus, rather than simply have a heated issue come to a head again,
two years or five years, or as it may be. The, your plans about Captain Irish
particularly concern me. That's a $6,000,000,000, excuse me, $6,000,000 road
that would go to a dead end as a driveway for ACT. Unless the plan is to develop
the land around that road, which I think is one of the things that people said whoa,
we don't want to see that happen, I think that that's a very expensive road that
ought best to be reconsidered along with the entire quadrant. For example, and
this will be my last comment, for example, Scott Boulevard, were it to be
extended directly over 1-80 to Dodge, so that it would connect near NCS, the City
planning office estimates that would be a single $8,000,000 construction. In
contrast to two extension of Scott Boulevard to Dodge Street, one along the
Captain Irish Parkway and one along Scott over 1-80. Both of those would be
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redundant and extremely expensive. And given that we have this opportunity to
take some time and to think about things, I would encourage you to allow the
public to do so, and to have it impact your decision making. Thank you.
Nov/ Thank you.
Lehman/ Bennett, I think this is exactly what we're talking about doing.
Brown/ Good. I'm really glad you've decided.
Norton/ (Can't understand).
Brown/ Great. Thank you.
Nov/ Is there anyone else who would like to speak to the Council on a topic not on
tonight's agenda? Okay.
(See more public discussion after item #4g)
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City of Iowa City
MEMORANDUM
Date:
November 10, 1997
To:
Marian Karr, City Clerk
From:
Scott Kugler, Associate Planner
Re:
New Comment for Item 4a on November 1 1 City Council Agenda
The Planning & Zoning Commission recommended approval of the proposed rezoning for
Lot §3 of Walden Hills at its November 6 meeting, As a result, the Comment for this item
on the Council's November 1 1 agenda can be amended as follows:
Comment: At its November 6 meeting, by a vote of 6-0, the Planning and Zoning
Commission recommended approval of the proposed rezoning and amended Sensitive Areas
Development Plan. Staff recommended approval in an October 31 memorandum.
#4a page 1
ITEM NO. 4a PLANNING AND ZONING MATTERS -- Public hearing on an
ordinance amending the approved Sensitive Areas Development Plan for Walden
Hills to allow the development of 120 dwelling units on Lot 53, containing 8.66
acres and located within the OSA-8, Sensitive Areas Overlay zone at the
northwest comer of Rohret Road and Shannon Drive. (REZ97-0016)
Nov/ (Reads agenda item #4a). P.h. is now open.
Bob Bums/ Hello. My name's Bob Bums. I'm an architect here in Iowa City, and I'm
here to speak in support of the project. We're the developers and owners of the
Lot 53 development. What you're doing is setting the number of units on Lot 53
at 120 units. We're planning to build four buildings with 30 units per building.
The purpose will be to provide affordable rental elderly housing at a fair market
rent. I have overheads to show you the development, but I have no projector, so --
Nov/ We did see it. We did see it yesterday.
Norton/ The public won't get to.
Bums/
You've seen the handouts and I will waive that, the overheads. But, I'm available
to answer any questions, too. We did work out a solution with the Staff and
Planning and Zoning that everyone could support, and we ask for your support,
too. Thank you very much.
Nov/ I assume that you're committed to housing for the elderly, and I wanted to know
what happens if you don't get the tax credit. Does this whole thing fall apart?
Bums/ We anticipate getting the tax credits. And there will indeed be restrictions. It
will be limited to elderly housing.
Nov/ Okay, thank you.
Norton/ And what --
Bums/ We can get the tax credits if you approve the re-zoning so--
Nov/ All right.
Norton/ Bob, at what point to do you decide, right now, you have both one and a mix of
one- and two-bedroom units, right? You've got about 15 in each building of one
sort, and 15 of the other?
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#4a page 2
Bums/ That's right.
Norton/ At what point does that get firmed up? I mean does that develop as you go
along?
Bums/ Well, we're going to build the project in phases, so it would depend a lot on the
market and the absorption for the units.
Kubby/ So what happens if not enough elderly choose to live there? If it's in the deed,
then what happens? I mean, I know you're not, yes, you are used to worst case
scenarios --
Bums/
No, if we're going to build it, that's one of the reasons we went to four buildings
instead of one, so that we could build them in phases. And, but, the federal
government keeps lowering the definition of elderly housing. Fifty-five now is
the age limit, so --
Kubby/ It's an expanded market.
Burns/ I'll be there in a couple years, and I think it's going to be a pretty snappy place to
live. So, what, really, we anticipate the market's there.
Lehman/ But that's one of the reasons for phasing, I would assume.
Bums/ That's right. That is correct.
Norton/ This includes then a full kitchen and elevator and everything in each unit, which
is in your earlier versions, there was some effort to try to minimize some of those,
or share some of it. This is going to have to be, each unit is free-standing in that
sense?
Bums/
Each building has its own dining area and serving kitchen. So, it's there more for
recreational use, and meals would be served if there was demand from the
residents. It's not an, it's not going to be congregate housing. It's independent
living, and --
Norton/ You're not planning a central kitchen, then?
Bums/ No. There's a serving kitchen in each unit.
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Nov/ Okay, so the cooking would be done --
Bums/ That the residents can use for their own use and also it would be there for
congregate meals, or other, if you wanted --
Nov/
Bums/
Okay. If there's going to be a congregate meal, let's say that half your tenants sign
up with a meal plan. Where will you do the cooking?
Well, we would contract that out. It's a good question. And whether it would be
congregate meals, or some other provider, that's where we would, that's the way
it's typically done in independent living.
Nov/ Okay.
Bums/ We're not assisted living. We're not congregate living. We're really trying to
meet the needs of the independent elderly.
Nov/ Yeah. It's just that there will be some who would enjoy the idea of eating in a
group, you know, you'll have some people who would choose the option.
Bums/ And we found that as residents age in a place, that that becomes more of a need.
And that's, they tend to stay longer if that's available. And that is why we then
begin to provide the service. And that's why we've prepared for'it in the plan.
Nov/ Thank you.
Norton/ Is there a manager in each unit, or --
Bums/ There would not be in this situation. There'd be a --
Norton/ Just one on, there'd be somebody on site, or not? I didn't, I wasn't clear about
that. Will there be somebody on site who kind of runs the place, I take it?
Bums/ We have an office in each building.
Norton/ I see.
Bums/ And that would be the site manager's office.
Nov/ Okay. Any other --
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Vanderhoef/ You were swing there's four site managers, one for each building?
Bums/ Yeah, well we'd use that building, we designed the prototype building, and then
we could convert that space to some other use, in future buildings, or in the
second and third places. It could be an exercise area, or --
Norton/ I wanted to get a word in to congratulate you to the extent that you worked with
the staff. I have been to a couple P/Z meetings where this has been through
several different phases, and I think it's a great improvement what we started
with. Not to sneeze at that one, but I think what you have come up with is, they
and you collectively, looks very appropriate, or very much more suitable to the
neighborhood than I think the original one was.
Bums/ I agree with you. And we, we started with the single building concept. There
were good reasons to do that.
Norton/ I understand.
Bums/ But, we think this is an acceptable solution, too. So, and it does, I think, fit into
the neighborhood, and on the site better. It is a difficult site.
Norton/ Yeah.
Bums/ We think it's a beautiful site. We think it will enhance the site to have four
buildings.
Nov/ Okay. We're going to close the p.h.
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November 1 t, 1997 City of Iowa City Page 6
b. Public hearing on a resolution approving the annexation of a 2.81 acre
tract located southeast of the intersection of Iowa Highway 1 and
Naples Avenue. (ANN97-0002)
Comment: At its October 2 meeting, the Planning and Zoning
Commission, by a vote of 7-0, recommended approval of the
proposed annexation. Staff recommended approval in a report dated
September 18.
Action: '~.~
c. Public hearing on an ordina amending the Zoning Ordinance by
changing the use regulations of a 2.81 acre tract, located southeast
of the intersection of Iowa Highway 1 and Naples Avenue, from
County CP-1, Planned Commercial, to C1-1, Intensive Commercial.
(REZ97-0014)
Comment: At its October 2 meeting, the Planning and Zoning
Commission, by a vote of 7-0, recommended approval of the
proposed rezoning. Staff recommended approval in a report dated
September 18.
Action: ~--~.~/~-~-~~
d. Public hearing on an ordinance amending the Zoning Ordinance by
changing the use regulations of a 0.87 acre tract, located on the east
side of West Side Drive and south of Earl Road, from RM-12, Low
Density Multi-Family Residential and C1-1, Intensive Commercial, to
CO-1, Commercial Office. (REZ97-0004)
Comment: At its October 2 meeting, the Planning and Zoning
Commission, by a vote of 7-0, recommended approval of the
proposed rezoning. Staff recommended approval in a report dated
September 18.
Action: ~-~-.-J
#4b page 1
ITEM NO. 4b Public hearing on a resolution approving the annexation of a 2.81 acre
tract located southeast of the intersection of Iowa Highway 1 and Naples Avenue
(ANN97-0002)
Nov/ (Reads agenda item #4b). P.h. is now open. P.h. is closed.
Kubby/ Were you here for this public hearing?
Audience/ (Can't hear).
Nov/ Oh. You were here for something that is not on today's agenda?
Audience/ Yes ma'am.
Nov/ And we did that at 7:00. All right. Let's back up, folks.
Kubby/ Maybe we can wait till, do you want to wait till all your people are here?
Audience/ We can wait a little while if that's okay with you.
Nov/ Yeah, go ahead.
Audience/ If not, go ahead.
Nov/ We'll--
Kubby/ And signal the Mayor when you're ready.
Nov/ We'll go through all our P/Z items, and I forgot we're supposed to continue this, so
please move.
Lehman/ I move that we continue the public hearing until December 9th.
Norton/ Second.
Nov/ No, this is to the 18th.
Kubby/ We don't continue this one, do we?
Norton/ Yeah, I think so.
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Baker/ Yes, we do.
Nov/ We do have to continue it.
Kubby/ I thought it was (c) and (d) that we continued.
Karin Franklin/ No, this one is okay. This is all right.
Norton/ I have a (can't understand).
Kubby/ I don't think this one --
Franklin/ The one you need to continue is the next one.
Norton/ Next one.
Franklin/ This is the mmexation.
Norton/ It is the next one.
Nov/ It is the next one. All right.
This is the one you need to continue (can't understand).
Norton/ With respect to this one, is the p.h. still on for this one? Did we include that
screening, was there any modification, Karin, of that CZA? On the --
Kubby/ Screening on the 2187
Norton/ Screening on the 2187 Because I drove by that the other day, and it is quite at
the level. I mean, it would seem to me appropriate --
Franklin/ That is a stormwater detention basin, so nothing can be built there.
Norton/ That ditch in there. Oh, I see.
Franklin/ Yeah. So, I don't --
Norton/ So that would be the screening, basically.
Franklin/ That will be the screening.
Nov/ And the change in wording for this one, for the fence, did not require a continue?
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Franklin/ Well, we're changing the wording, that is in Item c. You're on Item b. Which
you're closing the p.h.
Nov/ Okay. This is just annexation.
Franklin/ Yes.
Nov/ We're closing the p.h. Okay. I'm following it, finally.
Franklin/ And when you do that, then Item c is the one you want to continue. We will do
amendments to the Conditional Zoning Agreement regarding where the vegetation
is placed, and that's it. We'll have that the next time, that switch.
Nov/ I'm writing my notes on the wrong place, and reading them at the wrong time.
Thank you for your help.
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ITEM NO. 4d Public hearing on an ordinance amending the Zoning Ordinance by
changing the use regulations of a 0.87 acre tract, located on the east side of West
Side Drive and south of Earl Road, from RM-12, Low Density Multi-Family
Residential and CI-1, Intensive Commercial, to CO-I, Commercial Office.
(REZ97-0004)
Nov/ (Reads agenda item #4d). P.h. is open.
Franklin/ Last night you requested that the conditional zoning agreement be amended to
change the foot-candle of the property line from one-and-a-half to one. We've
made that change this evening. The applicants initialed it. So we're all set to go
on that.
Kubby/ Thank you, Joan.
Franklin/ You can close this p.h. when you're done.
Nov/ I can close? Okay. You want to say something, John?
John Moreland/ I'm John Moreland, a developer. And for those of you people that
weren't maybe on the Council when we bought this property seven years ago, it
was all CI-1 at that time, and we went to RM-12 which is residential, with the
idea of keeping this comer up here for commercial. And we've been through the
whole process. We're almost done with all the residential at this point. And
before I finished the comer up, there was this question on how we're going to
make the transition from residential to commercial. And Weld and Brisco (??)
and Alderman-Wilson decided to merge. They came to me about six months ago,
and we thought that's the perfect offer that we can have from residential to
commercial. I mean they've got an all-brick building. It will look similar to some
of the buildings around there. Not hardly any nighttime use. Don't need much
parking. And so at that time, once I knew that they wanted to come in, I
proceeded with trying to negotiate with people that had called me on the comer.
I'm sort of touching on this Item f at the same time, the subdivision that's coming
up in a couple of minutes here. But so, at that time, we decided to go ahead with
the comer and one of the things, one of the reasons that nobody's here opposing
this is because I've built everything that's over there, and as everybody came into
the development, the first question they always asked me was "What are you
going to do on the comer?" And I didn't lie to anybody. I told them we had a
convenience store in mind, some other type of commercial, and there would be
some office space. So everyone that came in and bought, I tried to tell them, and
it's worked out because nobody's upset about it, and they're all in favor of it. So,
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we'd like to, you know, get the public hearing closed. Also, I know I'm jumping
the gun, but the subdivision, we'd like to get on with, and there again, it was a
process where I first came to the Staff with a concept. There was a few things
they wanted changed. And we were able to change them and make it work, where
Jeff Davidson was happy. And everybody on the Planning staff and P/Z approved
it. So, if I could get the public heating closed, then hopefully I won't get up on
the subdivision issue, if we can vote on that tonight. Thank you.
Kubby/ I'm glad you didn't have a problem with having the lighting changed.
Moreland/ No, I mean --
Kubby/ And that'll be good for the neighbors.
Moreland/ With the insurance office, there'll be very little movement around there at
night, and the lighting shouldn't be any problem.
Kubby/ That's great, thanks.
Nov/ Is there anyone else who wants to speak on this topic? P.h. is closed.
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November 11, 1997 City of Iowa City Page 7
e. 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.
(1)
(2)
Public Hearing
Action:
Consider a Resolution Adopting
(continued from October 21)
Action:
Consider a resolution approving the preliminary and final plat
Resubdivision of Lot 1 and a portion of Lot 2, West Side Park, a 2.5
acre, three lot commercial subdivision located at the intersection of
West Side Drive and Mormon Trek Bgulevard. (SUB97-0023)
Comment: At its October 16 meeting, the Planning and Zoning
Commission by a vote of. 5 to 1 with Gibson voting no, recommended
approval of the preliminary and final plat of the Resubdivision of Lot 1
and a portion of Lot 2, West Side Park, subject to legal papers being
approved prior to Council consideration. The legal papers are being
reviewed. Staff recommended approval in a report dated October 10.
Action: t/'~--~ ~ '~ '$¢/qLcL) -'4~/,~~z~__z~ ~
Consider a letter to the Johnson County Board of Supervisors
recommended approval of an application to rezone.approximately 23
acres located at the southwest corner of Dane Road and Osage Street
from Rural (A1) to Suburban Residential (RS-5). (CZ9746)
Comment: At its October 16 meeting, the Planning and Zoning
Commission by a vote of 6 to 0, recommended approval of the
requested rezoning. Staff recommended approval in a staff report
dated October 10.
Action:
#4e page 1
ITEM NO. 4e The Comprehensive Plan, including the South District Plan
(1) Public Heating (continued from October 21)
Nov/ (Reads agenda item #4e). P.h. is now open.
Kubby/I'm glad somebody came.
D. Maurer/ I'm Derek Maurer; 328 S. Govemor. And I know last time, you were all
disappointed that nobody came to speak about the Comprehensive Plan.
Nov/ We had one person last time.
D. Maurer/ I didn't want you to be disappointed. I like this Comprehensive Plan. There
are a lot of really good elements about it, and one of my favorite parts was the
way it started out with a real nice process for citizen participation in the 9 task
forces in different areas that develop visions for different aspects of our
community, and these visions have carded throughout the process, and now I find
them here, in the Plan, and I'm really happy that a process that begins with citizen
participation can carry forward and come to this point, in a meaningful and
authentic way. Not to bore you, but for the benefit of some of our viewers at
home, I'd like to read some of my favorite passages from the Plan. Under the area
of Cooperative Efforts which deals with how we as, in the different aspects of the
community can get along, and work together towards common goals, the vision
statement says in part "The community is best served through the participation of
its members." Specific goals under this section, which you will find on pages 30
and 31, include "Cooperate in devising ways in which citizens of Iowa City can
be informed about local issues and be active participants in setting the
community's agenda." Another goal states "Further enhance a metropolitan
transportation planning process that is open to community input and addresses all
forms of transportation." You can probably guess why I like all of these
statements. They call for a lot of public participation, and a lot of accountability
in the process of formulating public policy. And my only comment is that in this
recently completed City Council election campaign, we had a lot of discussion
about the meaning and nature of public participation in the decision-making
process, and I think we all agree, public participation is good. But, there are
disagreements about what constitutes meaningful citizen participation. And my
point is that I think we're going to continue, probably, to disagree among different
constituencies in the community about that. And I would urge you all, as public
officials with a higher responsibility for making your views known and being very
clear and specific, you know, what do you mean by public participation? What
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does citizen participation mean to you? What, specifically, do you mean if you
approve this Plan with these statements in it? I hope to hear that, because I think
that's an important aspect that we be clear about what we mean about different
things. And that way, we can all get involved and have a meaningful discussion.
In the area of environmental protection, the vision statement has some very useful
and good things to say about what it means to support environmental protection.
The vision statement states that "The community will strive toward a citizenry
that recognizes and values the unique ecology of the area; development that
occurs with consideration of ecological features, such as protecting critical
wildlife habitats, natural terrain, and future greenspace; and patterns of compact
growth and development that emphasize pedestrian access and neighborhood
cohesiveness, and support alternative modes of transportation that enhance air
quality. One goal under the area of environmental protection is "protect scenic
and historic vistas."
Nov/ Derek?
D. Maurer/ Yes?
Nov/ We do still have our five-minutes. How much are you going to read?
D. Maurer/ Well, I'll wrap it up there. These, these statements I just read, again, it's nice
to have nice-sounding phrases and statements in a plan like this. The rub is
whether we can really agree on what they mean, and how we are to carry that out.
And in the area of environmental protection, I know it's, it's a goal that everyone
shares, and yet when these ideals come into conflict with private property rights,
especially, I think there will be conflict, and I urge you to think very carefully
about what you mean when you move to adopt this Plan with this language in it.
And I might hope that if you don't agree with some of these ideals, you would at
least, those of you who feel that way, be honest and move to perhaps strike
language that you don't agree with. But, if such language stays in the Plan and
you adopt it, then I think we have to work together as a community to find
meanings for those ideals that we all share. Thank you very much.
Nov/ Thank you. Is there anyone else who would like to talk about the Comprehensive
Plan?
Harry Wolf/ Good evening. My name is Harry Wolf. I'm Vice President of Southgate
Development, and I'm in charge of our commercial development projects. I'd
like to speak specifically this evening to the commercial, the Comprehensive Plan
that deals with commercial development. But my comments, I think, would also
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pertain to other development of the community. The Comprehensive Plan is a
document that we have worked with over the years. Every development that we
have undertaken in the past has relied on the Comprehensive Plan that's currently
in place, so we certainly watch the changes in the Plan to see what future
guidelines the community will impose on properties that we're involved with.
Specifically, again, with commercial properties, over the years, commercial
properties can change, as far as the environment, the surrounding development,
and I would just ask the Council, in the language that is finalized in the
Comprehensive Plan, if you would please try to provide us at least a certain
amount of flexibility. I know there was a discussion at the informal meeting with
P/Z a week or so ago, where there was a question as to how, whether this is a
guideline, or this is really a roadmap. The development process is such that we
need flexibility in the community. And again, I would just hope that the
language, I don't have specifics that I can point to, but that the tenor of the
document can provide us some flexibility. The development community would
certainly appreciate that. I have a couple of specifics that we're currently working
on that I might point to. The only district that's had a complete Plan completed is
the South District, which I assume you've all had a chance to review. The area
along Gilbert Street, between the River and the railroad, south of Highway 6,
specifically, has been written about in this Plan. And there is a hope to change
part of that district into maybe a higher and better commercial development, more
of a CC-2 rather than a CI-1, which I believe is a positive development as that
becomes an entrance into the City. But keep in mind, we currently do have pretty
intensive development in that area. We are currently moving ahead with other
developments in that area. And there'll be a point where the transition can take
place. But that's not something that can happen overnight. And I, maybe I have a
question more than anything. I'm unclear as to at what point the zoning changes
or the mood changes as far as what development can occur. A second example is
the Melrose interchange with 218. For years, there has been discussion about
commercial development in that area, specifically, research park kind of
development. As I read the Comprehensive Plan, and I understand that that
district plan has not been completed, there is a comment that would discourage
commercial development at that interchange. I'm confused as to what that means,
based upon all the other discussions we've had for so long about office
development in that area. Those are two examples of some of the concerns that I
feel the development community has with this document. If it is a broad guideline
for us to follow, great. Perhaps we should consider not being so specific with the
zonings and the types of uses, specifically in the commercial areas, possibly even
in the residential area. So again, I'd just really enjoy some discussion, hearing
some discussion about how exactly this document will be used, and how we in the
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development community can look forward to following the intent of the
document, yet still having the required flexibility to get our job done.
Nov/ The usual pattern is to change the zoning ordinance to match the Comprehensive
Plan. But I'm not sure exactly when. Karin, do you know exactly how those
things are timed?
Franklin/ Once the Plan is adopted, we will then put together an annual action plan, each
fiscal year to address the issues of making this transition from what is in place
now to what is proposed within the Plan. And we'll just have to work through
what that's going to be each fiscal year.
Thomberry/ And it was presented as a guideline to us.
Franklin/ The Comprehensive Plan is a guide. But it is a very important guide, in that it
sets, as Naomi has indicated, general land uses in the area, which the zoning then
must follow. So, there's room for the flexibility that Mr. Wolfe was talking
about, in terms of making the transition from the plan to the zoning. It's when
you get into the zoning that things get much more specific, at least the way we do
it now. And we may consider changes in that.
Kubby/ That tension is really difficult, I think, to balance that out. Because we want
people to be able to rely on our planning processes, especially when we're so
community and grass-roots based. So that, for example, when someone buys
property, and they see that there is going to be a certain kind of commercial
development, so they choose to invest in a property based on our plans, and then
we're so flexible that there's a real change in the character of the neighborhood
through a zoning change. It's, we want the flexibility, but we want people to be
able to depend, at least, on our generalized guidelines, too.
Norton/ Wouldn't things like the issue of Highway 1 and Melrose, or 218 and Melrose,
wouldn't the ORP is that for example, it's not, it's not the same as commercial, is
it? I mean it's different.
Franklin/ That's correct.
Norton/ It's a different category. So I would assume that when we go to the particular
plan for that area, that will be articulated more clearly then, the zoning in that
area.
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Franklin/ The concept that's referred to now, in terms of commercial at that interchange,
is to discourage commercial development of a retail/gas station, that type of thing
that you would normally see at an interchange. To discourage it at that
interchange, and to have it occur at the Highway 1/218 interchange. The office
research park was always conceived of as something that was not that type of
commercial. So I don't think there's a problem there. However if there, if there
was pursuit of another type of commercial, offices, possibly hotels, although
hotels are allowed in the office research park, but a more retail oriented
commercial, then we would have an issue. So I think that's, that is a point that we
will definitely need to discuss when we do the Northwest Planning District. And
Southgate Development, as a major property owner in that area, will certainly be
part of that discussion.
Norton/ But that's the first refinement, in other words, of the general plan into those area
district plans.
Franklin/ Right.
Norton/ And then further into actual changes in ordinances.
Franklin/ That's right.
Norton/ And zoning, yeah.
Nov/ From the meeting we had last week, I'm sort of thinking the Council would like to
defer the actual resolution, and therefore continue the public hearing.
Lehman/Yeah, so moved.
Kubby/ Second.
Nov/ Okay. So, we have a motion to continue the p.h. to November 18th, or --
Kubby/ Well, we don't meet till the 19th about this, so that doesn't make sense.
Norton/ Yeah. Don't we meet with the P/Z on the 19th?
Nov/ Okay. If we're meeting on this on the 19th, let's continue it to December 9th?
CHANGE TAPE TO REEL 97-153 SIDE B
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Marian Karr/ With P/Z on the 19th. Now there was some discussion of possibly
continuing to the 18th to allow public input prior to the 19th.
Norton/ Oh, I see. Because we'd have two public inputs.
Kubby/ And then continue it again.
Lehman/ Can't hurt.
Karr/ And then you'd defer again until the 9th, yeah.
Nov/ All right. So let's continue the p.h. to the 18th. Let's defer the vote on the
resolution to the 9th of December.
Kubby/ And we can choose then whether we want to continue this process or not.
Karr/ Do you want a separate motion? Then you've got a motion on the floor to continue
the p.h. moved and seconded by Kubby and Lehman, to November 18th. You
want a separate motion later on the --
Nov/ A separate one to defer. Okay? Is there any further discussion on the continuation
of the p.h.? Wait, I should say, is there anyone else who really wants to talk about
the Comprehensive Plan. I thought I had heard everybody, but maybe not. Okay.
Let's continue to the 18th. All in favor, please say aye- (ayes). Motion carded.
(2) Consider a Resolution Adopting
Nov/ Now, we need a motion to defer a vote on the resolution to December 9th.
Norton/ So moved.
Vanderhoef/ Second.
Nov/ Moved by Norton, seconded by Vanderhoef. Discussion? All in favor, please say
aye- (ayes). Motion carded.
Kubby/ We just have two more.
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Nov/ We have people here waiting for P/Z, and they were planning to come and talk at
8:00. We can do two more.
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#4f page 1
ITEM NO. 4f Consider a resolution approving the preliminary and final plat
Resubdivision of Lot 1 and a portion of Lot 2, West Side Park, a 2.5 acre, three lot
commercial subdivision located at the intersection of West Side Drive and
Mormon Trek Boulevard. (SUB97-0023)
Nov/ (Reads agenda item #4f). I assume legal papers have been approved?
Eleanor Dilkes/ There's one addition being made, but they're substantially complete.
Nov/ Okay. And we can go ahead with the resolution?
Dilkes/ You can go ahead.
Nov/ Okay. We need a motion.
Kubby/ So moved.
Moreland/ Can I say one thing?
Nov/ Wait till we have our motion, okay?
Kubby/ So moved.
Lehman/ Second.
Nov/ Moved by Kubby, seconded by Lehman that we approve this resolution. Now --
Moreland/ One of the things that's not in the subdivision papers that the Staff wanted me
to do, I agreed that if the subdivision passes, when I build the Deli-Mart that I will
not plant any berry trees out there.
Kubby/ Thank you.
Nov/ Good idea. No berry trees near the birds. Is there any other discussion among City
Council on this subdivision?
Vanderhoef/ Well--
Norton/ I -- go ahead, Dee.
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Vanderhoef/ I was just going to say that we had a discussion last night about this, and
that this will definitely increase traffic at this comer. And I appreciate your right-
hand westbound traffic stacking lane for the cars. However, I suspect we will
have some, some new traffic hold-ups with the eastbound traffic in this area. And
that we will have Staff continue to watch this, to see whether we will need a
center turn lane to keep traffic flowing in the eastbound towards the highway.
Norton/ I want to second that strongly. I took several trips around that today, to come at
it at different times, and you're coming over the brow of the hill, and it's going to
be sticky making that left turn. I think we'd better plan on getting a third, a
turning lane in there sooner rather than later. I don't see any reason to wait very
long.
Vanderhoef/ I--
Norton/ If we can manage it.
Vanderhoef/ I think this will be a real big concern, and we haven't actually talked to
Transportation about it.
Nov/ John, could you come back to the microphone for a minute?
Moreland/ Yeah.
Nov/ Can you predict when you would have this Deli-Mart actually open and operating?
Moreland/ I think that we're probably looking at, I'm guessing, at the beginning of the
summer, at the beginning of the summer, and the turning lane would obviously be
put in before it ever opened. I mean, that's, that's part of the --
Norton/ Oh, the left-turning lane.
Moreland/ It would be put, I mean, the deceleration lane.
Norton/ No, I know, yeah, okay.
Moreland/ But also, there is an 80-foot right-of-way there, and there's plenty of room for
the City to do whatever they want to do down the road when they see if the traffic
warrants it. You know, a lot of it has to do with also, the way the traffic light's
structured, how it's set, you know, whether it's enough time for the people to get
off Mormon Trek. That all needs to be adjusted, also.
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Nov/ Okay. If it's open in the summer of 1998, we can have at least one snmmer and fall
to take a look at it before the next, the budgeting system gets started, and we can
consider whether or not to put the third lane in.
Norton/ Okay. Go drive by, give it a whirl.
Nov/ Okay, we'll all drive by and we'll check it out.
Kubby/ It may warrant a sign that says something like "watch for turning vehicles".
Norton/ Yeah, sure.
Kubby/ As an interim measure. Just to wam people as they're coming over that hill that
people are going to be slowing down.
Nov/
And he's right about adjusting traffic signals. You know, sometimes that helps.
It's not going to be absolutely easy. Okay. Any further discussion on item f?.
Roll call- (yes). We have approved this resolution.
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#3 (cont.) page 1
ITEM NO. 3 PUBLIC DISCUSSION (Continued)
Nov/ Now, would the people at the back of the room like to come forward before we get
to our next item on the agenda? You have to sign your name and address, and
limit your comments to no longer than five minutes.
Kubby/ Sorry for the mix-up on the time of the meeting.
Alberto Abreu/ Thank you for affording us the opportunity to speak.
Nov/ What is your name?
Abreu/ My name is Alberto Abreu. I'm a resident of Iowa City. I've been living here
for the last four years. And we're here because we're concerned with some of the
issues that are coming up about TCI Cable and the removal of channel 99 from
being carded here in Iowa City, Coralville, and University Heights. For the last
week, we have been speaking with Arlene Hess, general manager of TCI Cable,
trying to find out how they came about with this plan to remove channel 99, the
Spanish-speaking channel, from the lineup. And we were informed, and we are
aware of the fact that there's a new station in Cedar Rapids, that has to be carded
because of the FCC Must Carry Law. And the station will reach Iowa City, so it
must be carried. So, apparently, a survey went out to 250 individuals in Iowa
City. And a number of channels, 9 channels were placed in this survey, to be, one
of which would be removed temporarily. And at which point, nothing was said
about what "temporarily" meant. Temporarily has meant, to various people that
have called TCI Cable, anywhere from one year to sometime in the spring of
1998. There's a few things that we quite haven't be able to come forward, to find
out exactly why there has been so many changes with when things are going to
happen, when they're not going to happen, and we kind of would like to know if
there's any way that we can get a clarification as to what is, what is the
relationship between the City and the cable company, and as far as the franchise
agreement, and so forth.
Nov/ Mr. Helling will answer.
Dale Helling/ I'll speak to this issue, because the franchise agreement's a rather lengthy
document. But the relationship in this case is that you're talking about a specific
service, which is the Univision. And federal law precludes any franchising
authority, like the City, from requiring any specific service to be offered. We can
ask that they provide a reasonable mix of different kinds of programming and so
forth, but the cable company has all the authority to decide which specific services
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they will provide. And federal law precludes us from requiring or trying to
require any specific service. So if they say that, and you're right, they do have an
obligation, because of the Must Carry Laws, to pick up this channel, the problem
is now they have no excess channel capacity. As soon as they finish the upgrade,
hopefully in the spring of '98, they will have that excess capacity. It's my
understanding that they at least made a verbal commitment to put it back, but I,
again, we cannot force them to do that. So the City really has no authority to
require them to do anything other than, my understanding, is to provide a
reasonable mix of programming.
Kubby/ Have they made a final decision that Univision is the channel that will be
temporarily bumped?
Helling/ Apparently so. They did this survey, and we have not been notified, but then
they are not required to notify us specifically. But apparently they have
announced that they are -- and I think it's going to be, it'll be on for twelve hours,
and they're going to --
Kubby/ But at the weirdest times of day.
Helling/ On, they're going to put the Must-Carry channel on that channel, 99 for the
other twelve hours, and I think that they're going to do something with another
channel to get the Must-carry on for another twelve hours of the day. I'm not sure
exactly --
Nov/ They must carry this for 24 hours a day?
Helling/ That's my understanding. If they program 24 hours a day, which I believe they
do. It's a lot ofinfomercials and that type of thing.
Nov/ So if they move the Spanish-speaking channel to another place, then they have to
take that twelve hours from some other channel.
Norton/ No.
Helling/ Yeah, it's a matter of, no matter how they do this, they've got to find
somewhere in the neighborhood of 24 hours -- I don't know if that channel is on
24 hours a day, but if it is, then they have to find 24 hours of channel space to do
this programming.
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Nov/ You don't know then, if there is some channel that doesn't broadcast 24 hours a
day, and could leave some space for a Spanish-speaking program?
Helling/ Again, I'm not aware of anything that --
Kubby/ How about the Public Access Channel?
Lehman/ That's a good point.
Abreu/ I'msorry--
Lehman/ Is it possible to use part of Public Access, or the Government Channel, or
something like that, to--
Norton/ Cover for it.
Kubby/ No, put the infomercials on in the middle of the night, instead of having
Univision on in the middle of the night.
Norton/ Oh. But then that's, we can't force that, that's the problem.
Kubby/ No, but we could certainly offer that.
Abreu/ Right now, as it stands, the channel is going off the air as of December 1st. And
right now, what we have been told is that it will share time with the Government
Access Channel, and it will be on from 11 o'clock at night to 6, 8 o'clock in the
moming, on weekdays, and it'll be on on Saturdays and Sundays from 12:00 to
5:00. Some of the programming that we're really fighting for are programs that
are in the morning. Sesame Street in Spanish --
Norton/ Yeah.
Abreu/
The News, some of these issues that we're not going to be able to get as a
community unless we wake up our kids at 11:00 at night. The other thing, also,
that you clarified for me is that, I understand that the City Council cannot tell
them what to do. But as far as the agreement goes, there is something here in
Appendix L, as far as the agreement goes, that says needs and interest of the
population of Iowa City as indicated by Cable Administrative records and
consumer market study by Rice and Williams says that these are new channels
that are going to be coming back after the rebuild. Now, ifTCI, if Univision goes
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off the air, there's nothing that says that anything in writing that they will bring it
back.
Kubby/ True.
Lehman/ Right.
Kubby/ They could choose not to.
Abreu/ So there's nothing in writing. And here, we have what new programming is
coming, what current programming that will become full-time, to include comedy
programs, music programs, sports programming, black entertainment
programming, and arts programming. So, if we go off the air, then this document
is not really going to help us.
Helling/ That's correct. And that specifies a type of programming, but as you noted,
doesn't specify any specific channel or service. It only goes to that sort of mix of
the types of programming that they would provide once --
Kubby/ You can thank the strong cable lobby for that --
Norton/ Is there --
Kubby/ I don't know if it's called a loophole, but the non-regulatory nature of local
communities have control, because there is a huge population of Iowa City who
wants Univision, and wants it at times that are accessible to people.
Norton/ Is there any way that the other channels, that the various public channels can
legally, reasonably, do this? They've got several channels around.
Altair Juarez/ May I say something on that?
Helling/ Yeah, let me just, there certainly is a way, if they want to do it voluntarily, but
you, for approximately twenty-five years now, we have the five channels that are
basically dedicated to the specific entities to operate, and those entities would
have to agree to that.
Kubby/ Yeah, okay.
Nov/ Go ahead and state your name and give your comment.
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Juarez/ My name's Altair Juarez, and I'm the current president of the Latino Student
Union. And on that issue of the other channels, the public access channels, I
spoke also with Arlene Hess at TCI, and she said that the only station that was
willing to work with it, to put Univision on part-time, in the middle of the night,
was the Educational Access, which is the Kirkwood, and the other channels all
flat-out said no. So I know that she told me that. I'd also like to say that as far as
the student population goes, the University's a huge community here in the city of
Iowa City, and I've spoken with my organization, I've spoken with the student
government, I've spoken with the governing bodies of the various groups and
organizations, I've spoken with Mary Sue Coleman, and students are very
interested. And whether they regularly watch Univison or not, they feel the need
also that yeah, it should be kept on. So, I guess one thing we're asking is that
while we know you can't require them to keep it on, we're asking that maybe you
can put your input in and say that this is something that Iowa City needs, and we
would like to see it kept at decent hours.
Kubby/ I mean, there's nothing stopping us from at least advocating that and sending a
letter --
Lehman/ Right.
Kubby/ Saying we wish that you would make a different choice.
Norton/ One of our strongly --
Kubby/ And make sure that Univision is on during decent times.
Norton/ One of our strongly-worded letters, right.
Kubby/ And actually, that's going to be your job, too, to keep the communities that you
represent organized so that when the rebuild does happen, they hear your voice as
consumers, to say that we want it back on, you need to feel this pressure.
Juarez/ Definitely, definitely. We already had a meeting this past Sunday, where we got
a lot of strategies out. People have already been appointed to be contact persons
for the different areas in Iowa City itself, like the schools and businesses, as well
as the University. There's two big communities right there. So we're already
working on that.
Nov/ Good.
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#3 (cont.) page 6
Kubby/ That's what it's going to take is pressure to make sure that it gets back on.
Nov/ How many hours does Univision broadcast today?
Audience/ Twenty-four hours.
Nov/ Okay.
Kubby/ It's a link for a lot of people.
Nov/ Dale, you want to help us write a letter on that?
Helling/ Sure.
Kubby/ Great.
Nov/ I think we should send a letter. I'm not sure that they are going to listen. You
understand that they are not obligated to listen, but we will --
Baker/ We'll try.
Kubby/ At least our voice will be in there.
Abreu/
And then one last thing. I have a question. According to what they say the
rebuild, where there's going to be 70 or whatever, however many channels, are
going to come into play, it's going to be done, according to them, by February. Is
that something that is the City, is that something from, is that something that the
City can say?
Helling/ No. That's something that the City does have some ability to enforce though.
Kubby/ It matters how firm we are.
Nov/ But that is an enforcement of a date --
Helling/ That is correct.
Nov/ Not necessarily which channels will be added when they have the capacity.
Helling/ Right.
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#3 (cont.)
Kubby/ That wasn't the question.
Norton/ But it's a condition of the franchise.
Kubby/ Yeah.
Helling/ I should say to you, TCI disagrees in whether or not we have the authority to
enforce that, but we believe we do.
Nov/ And we're not sure that they are going to be able to conform with this February
date, either.
Abreu/
page 7
Well, we're just afraid that once the channel goes off, December 1st, that we're
going to be without a channel. And it's, there's a lot of people in this community
that don't speak the language, and that are going to be here during the holidays,
without any news, any information about their country, about immigration issues,
a variety of things. And not just speaking from the Latino point of view, but
there's a lot of people in the community that watch television, that watch
Univision, just for the entertainment.
Kubby/ Yeah. Ofcourse.
Nov/ High school Spanish students will learn something from it, yes.
Kubby/ As well as non-Spanish-speaking --
Nov/ We understand. We will urge them to put it back on twenty-four hours a day.
Abreu/ Thank you.
Kubby/ I encourage any people watching out there who want to contact you, to do so, so
that you can, so that people out there can be part of making sure that Univision
comes back full-time.
Abreu/ Thank you very much.
Kubby/ Thanks for taking the time to come down.
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November II, t997 City of Iowa City Page 8
ITEM NO. 5.
PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF
COST FOR CONSTRUCTION OF THE WOOLF AVENUE BRIDGE
RECONSTRUCTION PROJECT [PROJECT NO. BRM-3715(4)--SN-52] AND
DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS.
Comment: This project involves the complete removal and replacement
of the WooIf Avenue bridge spanning Highway 6 and the Crandic Railroad
and the reconstruction of the WooIf Avenue pavement between Newton
Road and Bayard Street along with the installation of sidewalk, water
main, and storm sewer facilities. The total estimated construction cost is
t~1,203,000. This project will be funded with approximately $708,000 of
Federal Aid Highway Bridge Replacement and Rehabilitation Program
monies and about t~495,000 of Road Use Tax revenue and General
Obligation bonds. This project will be let by the Iowa Department of
Transportation on December 12, 1997. It is anticipated that construction
will be completed by September 1998.
PUBLIC HEARING
Action:
CONSIDER A RESOLUTION APPROVING
Action: ~~/~f
ITEM NO. 6.
PUBLIC HEARING ON FOUR ORDINANCES PROPOSING FEE AND
LANGUAGE CHANGES FOR WATER AND WASTEWATER.
Comment: This public hearing is being held to receive public comment on
proposed water and wastewater fee and language changes. Water fees
are proposed to increase up to 15%, and wastewater fees are proposed
to increase up to 10% for billings on or after March 1, 1998. Solid waste
disposal fees for residential service are not recommended to be changed
at this time.
Water and wastewater rates were increased 20% and 10%, respectively,
for billings on or after March 1, 1997.
The City Council reaffirmed the policy to increase rates for both water
and wastewater over time to accumulate cash totaling 20% of the
estimated project costs and use that to decrease the size of bond issue,
thus saving interest costs on the bonds. The proposed rates incorporate
the 20% policy. The City Council also recommended decreasing the
minimum from 200 cubic feet to 100 cubic feet and adjusting the fees
accordingly. Staff memoranda included in Council packet.
#5 page 1
ITEM NO. 5 PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE
OF COST FOR CONSTRUCTION OF THE WOOLF AVENUE BRIDGE
RECONSTRUCTION PROJECT [PROJECT NO. BRM-3715(4)--8N-52] AND
DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS.
a. PUBLIC HEARING
Nov/ (Reads agenda item #5). P.h. is open.
Kubby/ So, can we move the road to deal with the tree issue? And still do the road the
way we need it to be done?
Dermy Gannon/ Yes. We can move the road to the east.
Norton/ Oh, good.
Gannon/ To save the trees. However, one of the trees, the south tree, is, according to the
City Forester, is dying. And it's a problem. And we're going to remove it with
the project, and plant another tree in its place.
Kubby/ But there'll be room for it to grow, too.
Gannon/ And save the other two, the two northern.
Nov/ Say your name just so we have it in the tape.
Gannon/ Denny Gannon.
Nov/ Thank you, Denny.
Gannon/ Assistant City Engineer.
Norton/ Now, does that save that whole retaining wall that's there, too, then?
Gannon/ No. There will be a smaller retaining wall, and it will be moved away from the
trees. The location of the new retaining wall will be approximately behind the
curb, the existing curb right now.
Kubby/ Great, glad that could work out.
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Norton/ Where did you have to go to get permission to move the direction of the street a
little bit?
Gannon/ We found out we had some more fight-of-way on the other side.
Kubby/ That worked out great.
Norton/ Very good.
Nov/ Okay. Thank you. Does Council have any questions of the Engineers on this?
We're still assuming that the Engineers are going to continue to meet with the
public in the neighborhood and get comments and we're also assuming that it will
be open to pedestrians as the bridge is constructed. No vehicle traffic, however.
Okay. Engineers are nodding, so we are making the correct assumptions.
Norton/ You swing yourself across on a rope.
Nov/ No, a little bitty wooden footbridge on rope.
Lehman/ Plank.
Nov/ Plank, whatever. No, there will be pedestrian access. There are a lot of people
who work in that area who walk to work, and it's important. I'm guessing that
this temporary pedestrian right-of-way could also accommodate a man on a
bicycle, or a woman on a bicycle? How strong is it?
Gannon/ Yes, it will. It'll be plenty strong.
Nov/ Okay. Strong enough for pedestrians and bicycles. Anything else we need to --
Norton/ we'll go one at a time.
Nov/ One at a time. Don't pass each other. Thank you, Dermy. I'm going to close the
p.h. if there's no one else who wants to talk about Woolf Avenue. P.h. is closed.
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ITEM NO. 6 PUBLIC HEAR1NG ON FOUR ORDINANCES PROPOSING FEE AND
LANGUAGE CHANGES FOR WATER AND WASTEWATER.
Nov/ (Reads agenda item #6). P.h. is now open.
Don Yucuis/ This is Don Yucuis, the City Finance Director. Just a couple of points to
add in there, on proposed changes. We're also recommending that a 5% penalty
for late payment be added into the Code of Ordinances, and this would just be on
current portions of the bill only. So it would not be a compounding effect, if you
were late this month, you'd pay 5% on that portion of the bill that was outstanding
currently, and then if you didn't pay the next month, it would only be on the
current portion of that bill. And that would not include State tax. We'll not
assess a penalty on State tax.
Norton/ Don, did we include, did we extend the time for that, too?
Yucuis/ The time frame is, if it's not paid within 22 days, it's late.
Norton/ What was it before?
Yucuis/ The current due-date is still 15 days, but we're not assessing penalty until 22
days.
Norton/ Currently.
Yucuis/ It'll be another little grace period before the penalty.
Nov/ No, there's currently no penalty. Future penalties would be at 22 days.
Norton/ And it'll be 22, not 15, okay.
Yucuis/ 22 days is when we approximately send out a notice that you're delinquent on
your bill. In addition, we're also recommending setting up a two-tiered rate
structure for B.O.D. and suspended solids. I'm laughing because I forgot what
B.O.D. stands for, or stood for.
Kubby/ Biological Oxygen Demand.
Norton/ That's fight.
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Yucuis/ Thank you. As far as the impact for the average residential owner, or residential
user, we factor that at 800 cubic feet per month, and with the reduction in the
minimum bill from 200 cubic feet to 100 cubic feet, and also including a rate
increase of 15% for water and 10% for sewer, the average residential fee should
only go up roughly 30 cents. That's, the changing of the minimum has a big
impact on the lower-end user. One other issue that we'll have to discuss, when
we talk about the ordinance is the discount program for low-income people.
Nov/ Is that part of the ordinance?
Yucuis/ No. The low-income --
Nov/ So we can do that after.
Yucuis/ The low-income program was adopted by resolution, so it's a resolution that will
come up either at the next meeting, or thereafter, whenever the Council wants to
have discussion on that.
Nov/
We need a discussion on that, because I had some questions yesterday after you
had left, and we'll bring that up for our work session another day. We should also
say in here somewhere the Sure-pay discount is still in effect. Is that part of our
ordinance, or is that a policy?
Yucuis/ That's part of the Code of Ordinances.
Nov/ Okay.
Yucuis/ A dollar discount if you have, if you pay directly out of your checking account.
And the payment is made the day after the due-date, it comes out of your checking
account the day after the due date, and you get a dollar discounted off of your bill.
Nov/ Okay.
Norton/ When I look at the chart you gave us comparing our water and sewer rates to
those in other communities, I keep wondering, are they going to catch up with us?
Kubby/ Yeah, we're doing things --
Norton/ Are we out in front? That's my assumption in part, that, because, unless, maybe
we don't have enough big users, I don't know what the problem is. But are they
going to catch up, Don, in general? Some?
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Yucuis/ I believe in general, they will eventually catch up to us. We are by far, going to
be out there, as far as rates, throughout the state. And with, our proposal is to
have rate increases for two more years after this, and hopefully after those two
years are done, we'll be looking at maintaining or possible decreasing that.
There's no guarantee on that.
Norton/ But what I was implying --
Yucuis/ It's maintaining rates.
Norton/ But what I was implying, does that mean others are going to have to upgrade
facilities?
Yucuis/ I don't --
Norton/ You don't know for sure?
Yucuis/ I have not gone out and heard what other communities are doing. You hear a
little bit about North Liberty if you were there --
Norton/ Yeah.
Yucuis/ Sewer problems and what they need to do. Coralville's just gone through their
wastewater information with the DNR, and they've had to increase rates. I don't
think, we have a substantial change in our system with the wastewater and water
coming out at the same time.
Kubby/ Although we are ahead of the curve on the water, everyone's got regulations for
the wastewater changes. But we know the water changes are coming, and we
wanted to be ahead of the game and to increase the quality of our community's
water before we were mandated, so we have more time to work on it.
Norton/ I understand. But other communities also take it from the river, you know, for
example, Cedar Rapids. But on the other hand, they have big users, I suppose,
who help keep the, a lot of our users are residential, right?
Kubby/ (Yes).
Nov/ Most.
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Lehman/ Well, a rate of increase though --
Nov/ The University has their own plant.
Yucuis/ Correct.
Lehman/ So we've had the really big increase. The ones that are coming, including this
one, are smaller, I think, than the ones we've had in the past.
Vanderhoef/ Yeah, they're smaller, but 15% is still a big increase.
Kubby/ But when you look at the --
Vanderhoef/ From a pretty large total to begin with.
Kubby/ But when you look at the functional increase this time, because of the decrease
in the minimum, it's not functionally very much, and I mean, we can afford to do
that and still accumulate 20% because we've had some good bids on projects, and
so we're able to keep going and not have the actual amount that people pay be
hugely more.
Vanderhoef/ That's a good point. Because a lot of people don't realize we've had the
good bids.
Lehman/ But we've also had overruns.
Norton/ Overruns here and there. We'll be looking at those. I mean, it's tough, you
know, and my usual speech about stretching this out further, I won't make it. You
understand?
Nov/ Dee Norton and I would like to stretch this out further.
Norton/ I thought you might catch that.
Nov/ Okay. Any other person in the audience who would like to talk to us about the
water?
Gary Sanders/ Yeah. My name's Gary Sanders. It's good to see all seven of you here
tonight. And it interests me that there's nobody here on this issue. I can't ask the
cameras to pan the audience because they don't have that capability. But I'm kind
of astonished that we have more members of the media, three, than we have
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#6 page 5
people in the audience to discuss this issue. And maybe everybody's watching at
home, I'm not sure. But certainly in the primary campaign, we heard a lot about
people being upset about water rate increases, and yet nobody's here tonight. So
maybe they've become satisfied that the rates are fair, or maybe they're just well,
let's just say they'd rather watch at home. I have a few questions. I think that, as
I said when I was running, unlike some other candidates, I think we have to pay
for this. That this is the piper being due. And I applaud you for having the
courage to do this. Because it's absolutely necessary. And I think that for those
people who are upset by this, I'd like to ask, I'd like to ask them to consider three
points that I don't believe are brought out in the newspapers. I think in the
newspapers, we've seen a lot of oh, headlines about huge water rate increases, and
not enough background. And first of all, you know, those people who are
complaining about the water rates, I wonder how many of you, especially the
Republicans out there in the audience watching, how many of you have written
the Governor and demanded stricter standards for farmers, farm run-off, and
industrial waste being poured into the Iowa River and other rivers in this state?
Perhaps if just 10% of you who are complaining about the water rates would write
the Governor, we might see some action on that. Number two, I'm wondering
how many of you are complaining about high water rates, thought in the period of
1975-1990, when the City was expanding its population and approving
developments all over the place, while the water rates did not go up in the
corresponding percentage, I wonder how many of you said, you know, maybe we
should increase the water rates while we're doing this, so we can pay for the
necessary expansion of our water treatment and water facilities? I doubt very
many. I also wonder about the Council of course, at that period of time,
approving all these developments without thinking about the necessary
improvements to our infrastructure that were going to be necessary, necessary to
be built. Of course, I don't see any of them here tonight. Also, my third question,
for those who consider those water rates to be excessive. I'm wondering if we can
ask the question about development impact fees, since part of the reason for our
necessary expansion in capacity is, obviously, more development. Why can't we
put a fee on developers to ask them to pay for this? And of course, I understand it
would be passed on to the people who are buying homes in the developments.
But again, I wonder why we cannot consider this as a City, so that the average
citizen is not stuck with the increases. And finally, just, to comment on what Dee
said, the comparison about Cedar Rapids. I happen to have some figures which
Mr. Yucuis provided. Cedar Rapids, 72% of their consumption is from large
industry. In ours -- and only 26% from residential. And we have 9% from
industry, and 48% from residential. So that's why the rates. I mean, I could have
brought in rates from Detroit, also, where I'm from. And I don't think most of us
here would want to move to Detroit, and I have a feeling most of us wouldn't
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want to move to Cedar Rapids just for the lower rates. So, in conclusion, I would
just thank the Council for their efforts on this. Again, my surprise that there's
nobody here in the audience. I had this grandiose speech prepared to counteract
the hundred people that are going to be here to protest, as there were several years
ago, but they didn't show up. And I would hope, at some point in time, you
consider the development impact fee, and also, as a Council, if the citizenry won't
do it, demand that the State House in Des Moines, and the Governor's office
impose stricter standards on what we're pouring into our rivers. Thanks very
much.
Nov/ Gary, there are some development impact fees.
Sanders/ (Yes).
Nov/ They have to be site-specific, and they have to be carefully written ordinances, but
we have done them.
Sanders/ I'd like to see more. And I also, by the way, parenthetically, I found out
something interesting -- go ahead.
Norton/ Oh, I was going to say, we're reading the book, too.
Sanders/ Okay, good, good. I was shocked. I went over to the water plant, and I think
one thing that hasn't come out in the headlines is that, between 1/4 and 1/3 of our
water comes from a very, very old plant. Portions of the structure are from 1882.
I mean this is shocking, I mean truly shocking, that we have a facility that's
partially over 100 years old that we're using.
Thornberry/ Have you taken the tour of that plant?
Sanders/ Yeah, that's impressive.
Nov/ That's the building, folks. The machinery inside is more recent.
Sanders/ No, I know. But, and we have a new plant from 1963 that was added onto in
1972, but have facilities over there that are extremely old, and I think we've just
been skating for a very, very long time, without paying the piper. And that's
what's due here.
Kubby/ And it was real frustrating at one point, when there were three of us on Council
saying we need to be squirtcling money away. Naomi and I were two of those
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three. Susan Horowitz was the third, saying we need to be squirreling money
away because we know we're going to need to do this because of the age o£our
plant, and new regs, and the growing community. And we couldn't get a fourth
vote. And it would've made things a lot easier, and smoother, and more gentle on
the community to make these kinds of public health improvements.
Norton/ Well, it should've been going on every year.
Sanders/ Right. All right, thank you.
Baker/ Thank you, Gary.
Nov/ Is there anyone else who would like to talk about water rates, sewer rates, etc.?
Okay. Don, do you have anything else to add? P.h. is closed.
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November 11, 1997 City of Iowa City Page 9
ITEM NO. 7.
ITEM NO. 8.
ITEM NO. 9.
CONSIDER A MOTION TO ACCEPT THE FORM OF TAX EXEMPTION
CERTIFICATE PERTAINING TO THE $5,540,000 GENERAL OBLIGATION
BONDS.
Comment: This certificate is executed and delivered in connection with
the issuance by the City of Iowa City of $5,540,000 General Obligation
Bonds. This certificate sets out, in detail, a number of facts, promises,
and obligations which must be met and agreed to by the City in order to
maintain these Bonds as tax exempt.
Action:
CO.NSIDER A MOTION TO ACCEPT THE FORM OF CONTINUING
DISCLOSURE CERTIFICATE PERTAINING TO THE $5,540,000 GENERAL
OBLIGATION BONDS.
Comment: This certificate is executed and delivered in connection with
the issuance by the City of Iowa City of $5,540,000 General Obligation
Bonds. The disclosure certificate is being executed and delivered for the
benefit of the holders and beneficial owners of the bonds and in order to
assist the participating underwriters in complying with the Securities
Exchange Commission (SEC) Rule 15c2-12(b)(5).
Action: ~;~/~Z~.~../ ~"~~
CONSIDER A RESOLUTION AUTHORIZING AND PROVIDING FOR THE
ISSUANCE OF $5,540,000 GENERAL OBLIGATION BONDS AND
LEVYING A TAX TO PAY SAID BONDS.
Comment:
$5,540,000 General Obligation Bonds.
Action: ~_~//~~-J
This resolution provides final authorization for issuance of the
#9 page I
ITEM NO. 9 CONSIDER A RESOLUTION AUTHORIZING AND PROVIDING FOR
THE ISSUANCE OF $5,540,000 GENERAL OBLIGATION BONDS AND
LEVYING A TAX TO PAY SAID BONDS.
Nov/ (Reads agenda item #9).
Norton/ So moved.
Lehman/ Seconded.
Nov/ Moved by Norton, seconded by Lehman. Don, would you please tell us, in a quick
summary, where this money is going to be spent?
Yucuis/ This bond issue is for all water, is for water projects entirely.
Nov/ Thank you.
Yucuis/ Find my list of projects here. Approximately $3,000,000 is for development of
the water plant site itself. Approximately, I'm sorry, let me back up, wrong year.
Approximately $1,100,000 is for the Iowa River Dam renovation. Approximately
$2,000,000 is for the site development. Approximately $800,000 is for raw water
piping. And the balance is for engineering services. We have some work left on
the Silurian wells, the reservoir renovation, and the pipeline.
Nov/ Thank you.
Yucuis/ And then, $1,400,000 is for additional water main work, Dubuque Road to
Rochester. That's the main use of those funds.
Nov/ Any Council discussion?
Norton/ Well, this relates to what I want to do pretty soon. It's on our work list
somewhere to review the water project costs, and compare them with estimates
and where we are, and so, for example, I think the dam project is probably a little
more than we anticipated, isn't it?
Yucuis/ I believe so, yes it is. But it's --
Norton/ Because we got into some further problems. So I just think we need to take a
look, and I hope we do that before, how can I say, before the holidays? No,
maybe not. I don't know. We need to review the costs, and see where we stand.
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Kubby/ Right. But that would be easy. It's just a list of estimates, project estimated
costs and real costs.
Norton/ And--
Kubby/ I mean, that's just a memo that we need.
Norton/ And a list of change orders, and where things have gotten, gone up, or down
hopefully. I think there've been some of both.
Nov/ Yeah. And, though, we're not yet constructing some of these things, some bids
may come in lower or higher than the estimates that we have. Okay. Thanks,
Don. Everybody ready? Roll call- (yes). We have approved the resolution.
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November 1'1, 1997 City of Iowa City Page 10
ITEM NO. 10.
ITEM NO. 11.
ITEM NO. 12.
CONSIDER AN ORDINANCE AMENDING TITLE 8, ENTITLED "POLICE
REGULATIONS," CHAPTER 7, ENTITLED "WEAPONS," TO PROHIBIT THE
USE OF BOWS, ARROWS AND CROSSBOWS WITHIN THE/C.~I, TY.~ ' /,
Comment: The L;ity I~as recently received several inquiries about I~unting
deer with bow and arrows within City limits, including Hickory Hill Park.
This proposed ordinance amends the City Code by making it unlawful to
discharge from a bow or crossbow an arrow or other dangerous missile
which is capable of inflicting serious bodily injury or death. The ordinance
does not apply to persons discharging an arrow from a bow or crossbow
at a stationary object provided the person has the permission of the
property owner and the person exercises due care and caution to avoid
striking people or animals.
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN~/ D ~
THE CITY CLERK TO ATTEST AN EXTENSION AGREEMENT FOR FY97 t~ ~'
PARATRANSIT SERVICE BETWEEN THE CITY AND JOHNSON COUNTY.
Comment: This resolution will extend the FY97 Paratransit service
agreement between the City and Johnson County [SEATS] for an
additional month, November 1997. The total cost for the extension is
$47,182. Any fare revenues in excess of 92,567 will be returned to the
City. This amount is in-line with the monthly rate paid for the FY97
service. The City and Johnson County are continuing negotiations for an
agreement for FY98 paratransit service.
ction:
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 NNW, INC. OF IOWA CITY TO PROVIDE ENGINEERING
CONSULTANT SERVICES FOR THE RIVER STREET RECONSTRUCTION
PROJECT.
Comment: This project involves the reconstruction of the River Street
pavement between WooIf Avenue and Riverside Drive along with the
installation of water main and storm sewer facilities. Contracted
engineering services, including design, letting services, project
administration, and construction inspection will total 9119,200 and will
be funded with Road Use Taxes and General Obligation Bonds.
Construction is tentatively scheduled for April - November 1998.
Action:
#10 page 1
ITEM NO. 10 CONSIDER AN ORDINANCE AMENDING TITLE 8, ENTITLED
"POLICE REGULATIONS," CHAPTER 7, ENTITLED "WEAPONS," TO
PROHIBIT THE USE OF BOWS, ARROWS AND CROSSBOWS WITHIN
THE CITY. (First consideration).
Nov/ (Reads agenda item #10).
Kubby/ Move first consideration.
Nov/ Moved by Kubby.
Venderhoer/ Second.
Nov/ Seconded by Vanderhoef, that we give this ordinance first consideration. This is an
ordinance. We need three readings.
Norton/ I would, I'd like to move an amendment that we, or a, that we substitute the
words "an inanimate" for "a stationary".
Lehman/ Seconded.
Norton/ Because it's conceivable that the targets themselves might be moving, so that's
my proposal. We remove the words "a stationary" and replace them by "an
inanimate".
Nov/ "An inanimate object."
Norton/ "Target". The word "target" can stay there.
Nov/ Well, here it says "object."
Kubby/ It's "target" in the ordinance.
Norton/ It says "target" in the ordinance.
Nov/ "Target" in the ordinance? Okay.
Norton/ It says "at a stationary target" and I would say "at an inanimate target", and that
would cover all options there.
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Nov/ Okay. There was some discussion yesterday about whether the inanimate target
could be moving on a track or something like that.
Norton/ Yeah, could be.
Nov/ Is there any further discussion on that?
Kubby/ I would like to speak strongly against the amendment. I think there are two
reasons for this ordinance. I think one is so that there isn't hunting in City limits,
but secondly, so that there's a realm of safety in neighborhood, and any area
where people are using bows and arrows or crossbows and arrows, and I think
having moving targets decreases the safety factor. And I do not support that at all.
I think stationary targets are acceptable, but not moving ones. I think that's not
necessary. If people want moving targets, they can go outside of the City limits
where there's more space and which creates a bigger safety factor.
Norton/ Well, the second part of the ordinance suggests that they have to do it in a safe
manner, so, that's provided for. That's covered already. Whether they're
stationary or inanimate. But I think you're going to just get into discussions
further if you don't cover the bases, and I think the second part of the ordinance
properly covers being careful. So.
Nov/ I am assuming that if someone were indoors, they could have any kind of a target,
as long as it's --
Baker/ The family cat.
Nov/ Well, I don't know. I don't want to in the family pet --
Kubby/ I think there'd be some other law that would kick in there.
Nov/ But would another law kick in if the target were indoors instead of outdoors? If it
would not endanger --
Norton/ Same thing. We used to have a target in the basement of the Rec Center.
Lehman/ Doesn't say if it's indoors or outdoors.
Dilkes/ This doesn't, I don't think it's limited to the outdoors.
Lehman/ Indoors or outdoors.
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Nov/ No, it's not limited to the --
CHANGE TAPE TO REEL 97-154, SIDE A
Nov/ All right. Are you proposing this change to "inanimate" target, and --
Lehman/ I seconded it.
Norton/ That's my motion, to modify, or amend, my substitution.
Nov/ Amend by substitution. And we need a vote on this. Is there any further
discussion on just the amendment? Okay. All in favor of this amendment say
aye- (ayes). All opposed, same sign- (ayes). I think it sounded like a 4/3.
Baker/ Really? Who's the third?
Nov/ I think Karen.
Nov/ Naomi.
Norton/ You're not supposed to count. I keep reminding you guys.
Nov/ I keep reminding, but I need to decide if we can get corroboration on whether or
not it passed.
Thornberry/ You and Karen, of course.
Karr/ We do have to count, because of revised State law that notes that even voice votes
must be on the record --
Norton/ We might as well have a roll call.
Karr/ And it's 4/3, Baker, Novick, Kubby --
Nov/ That's what I thought I heard.
Karr/ Voting no.
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Kubby/ Not who, but how many.
Baker/ Just volume doesn't count.
Nov/ That's right. If you say it loud or soft, it counts the same.
Baker/ Now, can we talk about the ordinance itself, as amended?
Nov/ Yes. Please do.
Baker/ Is it currently lawful, in Iowa City, to discharge a bow or crossbow, or other
dangerous missile capable of inflicting serious bodily injury or death?
Lehman/ Must be.
Norton/ I think that's what the Chief said last time, wasn't it?
Nov/ Well, it's not, specifically prohibited.
Dilkes/ There is no prohibition on use of a bow and arrow. Now, one might conceive of
situations where you would have an assault or something to that effect, but
specifically bow and arrow, no.
Baker/ But isn't it against the law to inflict serious bodily injury or death?
Dilkes/ That's what I'm suggesting. There may be situations where there would be an
assault because of an infliction of serious bodily injury, or death. Obviously,
that's illegal. But the use of a bow and arrow is not.
Kubby/ But--
Dilkes/ In the City limits, that is capable.
Kubby/ But if someone were to hunt a deer at Hickory Hill, and be caught, would that be
deemed illegal? Now.
Dilkes/ With the bow and arrow, currently?
Kubby/ Correct.
Lehman/ Yeah.
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Dilkes/ I don't think so. I think that's the purpose of the amendment.
Baker/ Is hunting the object of the, is prohibiting hunting the object of the ordinance?
Norton/ (Yes).
Nov/Yes.
Thornberry/ Not necessarily hunting. It's the, it's the act of causing bodily injury or
death to a living thing.
Norton/Hunting with a bow and arrow.
Dilkes/ It mirrors, I believe it mirrors the language in part that we used for the discharge
of a gun, for instance.
Baker/ Okay. I just--
Norton/ It fills a loophole that the Police identified, I think.
Thornberry/ Except for, though, in the case of a gun, you can't shoot it within the City
limits, period, much less at an inanimate target.
Lehman/ Neither stationary or moving.
Baker/ But the second half of this says that it does not apply to persons discharging an
arrow from a bow or a crossbow at a stationary or inanimate target, provided the
person has permission. So, we assume that if they have the permission of the
property owner, and they exercise due care and caution, they will not inflict
serious bodily injury or death.
Nov/ Also--
Kubby/ We're saying that if they do, it's illegal.
Nov/ We assume that if they're aiming at a target, they're not using the kind of arrow
that would kill somebody.
Lehman/ This is the long and the short of it. All we're really doing is making hunting
inside the City limits illegal.
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Norton/ Right. Not with bow and arrow.
Lehman/ we're still going to be able to do everything we did the day before we passed
this thing.
Norton/ Yeah.
Lehman/ Right?
Norton/ Yeah.
Lehman/ Nothing has changed except you can't hunt in the City limits.
Norton/ Right.
Dilkes/ Essentially, yes.
Lehman/ Yeah. It's quite simple. I'd like to vote on it.
Baker/ Is there a law against hunting, regardless of the type of weapon?
Lehman/ we're only talking about bows and arrows.
Dilkes/ No. There's not.
Kubby/ So if you had a sling and a rock and were good with those tools, you could hunt.
Baker/ You ought to have an ordinance against hunting, if that's your goal.
Norton/ We might have done that. Maybe they should do that, because now we've got to
go back to slingshots, I suppose.
Lehman/ Well, let's take care of the bows and arrows.
Norton/ Or strangle, you know.
Nov/ We have a bunny rabbit hit by a slingshot? Is this what we're talking about for
hunting?
Baker/ It was excessive force by the (can't hear).
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Norton/ Maybe we should have a general hunting, against hunting, maybe it would have
been the right way to go, Larry.
Lehman/ Let's just vote on the thing and go home.
Nov/ Okay, folks, are we ready?
Thornberry/ Sure.
Nov/ Roll call- (yes; Baker, no). We have approved first consideration on a 6/1 vote,
Baker voting no.
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#11 page 1
ITEM NO. 11 CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST AN EXTENSION AGREEMENT FOR
FY97 PARATRANSIT SERVICE BETWEEN THE CITY AND JOHNSON
COUNTY.
Nov/ (Reads agenda item #11).
Kubby/ Move adoption.
Vanderhoef/ Second.
Nov/ Moved by Kubby, seconded by Vanderhoef. Discussion?
Norton/ Have we heard anything? No news is good news, presumably.
Nov/ Well, we --
Lehman/ I think we're gaining.
Nov/ We are gaining, but we're expecting monthly reports. They're being produced, and
they're being revised and amended, and we hope they're going to get to be exactly
what we need.
Steve Atkins/ My understanding is that the, it's reaching a point where the reports are
generally good. But there are still a number of--
Nov/ Couple of--
Atkins/ Information holes that need to be plugged, and that's what's happening now.
Nov/ Okay. Any other discussion? Roll call- (yes). We have approved this resolution.
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ITEM NO. 12 CONSIDER A RESOLUTION APPROVING, AUTHOR/ZING, AND
DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO
ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY
AND NNW, INC. OF IOWA CITY TO PROVIDE ENGINEERING
CONSULTANT SERVICES FOR THE RIVER STREET RECONSTRUCTION
PROJECT.
Nov/ (Reads agenda item #12).
Vanderhoef/ Move adoption of the resolution.
Norton/ Second.
Nov/ Moved by Vanderhoef, seconded by Norton. Discussion?
Vanderhoef/ This doesn't specifically say anything about sanitary sewer. Is there any
update involving this?
Rick Fosse/ We've videotaped the sanitary sewers, and what we have out there, or what
we've identified so far is there are a lot of services that are coming to the sanitary
that are in poor shape. And we want to pinpoint which ones those are and give
property-owners the opportunity to repair those while the pavement is gone, and
their costs are at a minimum. So it will be coordinated.
Nov/ Okay. But the main through River Street is still okay?
Fosse/ So far that looks to be in pretty good shape.
Nov/ Okay. Rick, I'm so happy to see this on the agenda while I'm still here. I've been
asking for this one for eight years.
Fosse/ It'll be a busy neighborhood next summer.
Lehman/ Perseverance pays, Naomi.
Nov/ He kept saying no, no, no, it's not time yet. And the street keeps dumping, little
holes keep filling in.
Norton/ Wait till you see your bill for yours.
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Nov/ I'm not actually going to be on that section of the street. But as I drive by, and I
watch things cave in, I've been sort o£mentioning it to Rick.
Fosse/ Yeah. What looks to be the, one of the bigger challenges of this project is the
storm sewer aspects. Because right now, the, a big share of this area drains into a
drainage-way that goes underneath the Art Building, and the University's
currently struggling with what to do with that water that goes there. So we're
working together with the University to solve this one.
Nov/ Underneath the Art Building?
Fosse/ (Yes).
Nov/ Or the Museum?
Fosse/ Let's see. It's the Art Building? It's the Museum.
Nov/ Yeah, it's the Museum I thought.
Fosse/ (Can't understand).
Nov/ Oh yeah.
Lehman/ Uh-oh.
Nov/ That would be not very good.
Fosse/ Right. It's been a problem for a number o£years, and Riverside Drive was
flooded during relatively minor rains, and we're also looking at that issue, as well.
Nov/ Okay, thank you. Any other discussion? Roll call- (yes). We have approved the
resolution.
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November 11, 1997 City of Iowa City Page
ITEM NO. 13. ANNOUNCEMENT OF VACANCIES.
a. Current Vacancies.
(1)
Airport Commission: One vacancy to fill an
ending March 1, 2003. (John Penick resigned.)
females currently serve on this Commission.)
unexpired term
(4 males and 0
This appointment will be made at the December 16 Council
meeting.
b. Previously-Announced Vacancies.
(1)
Public Art Advisory Committee: Four vacancies; one to fill a one-
year term, two to fill two-year terms, and one to fill a three-year
term all beginning January 1, 1998. The Committee will be
comprised of two community representatives and two art
professionals. (This is a new Committee.)
These appointments will be made at the December 9 Council
meeting.
ITEM NO. 14.
CITY COUNCIL APPOINTMENTS. M~____~..^ ~~
(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.)
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)
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.)
November 11, 1997 City of Iowa City Page 12
(4)
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.)
ITEM NO. 15.
(5) 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~'~x.~
(6) ark~~s an~d'//R~eJe~r:atio~n C mi~wo ~aca~c~s t~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.)
(7) 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.)
(8) 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
serve on this Commission.)
CITY COUNCIL INFORMATION.
#14 page 1
ITEM NO. 14 CITY COUNCIL APPOINTMENTS.
Nov/(Reads agenda item #14). There are two openings here for which we have had no
applicants. That was the Board of Adjustment, and the Design Review
Committee. We'd like to readvertise those. Marian, in terms of the advertising,
I'm assuming that we cannot do anything for the 18th.
Karr/ No.
Nov/ We should readvertise for the 9th?
Karr/ The 9th or the 16th. Typically we'd go with the 16th of December. We'll allow
close to 30 as we can.
Nov/ Yeah, but since it's been so long, do you think we might?
Karr/ Certainly, if you want. Do you want to try for the 9th? You want to try for
December 9th? That'd be fine.
Nov/ I
think we should try for December 9th. I think we should all be advertising and
telling our friends and trying to move this along a little bit. Particularly since the,
one of them, is not an expired term, but an actual vacancy to fill in for someone
who resigned. They could use a quorum. Okay. We have discussed this
yesterday. We have decided on a bunch of appointments. There are eight
different Commissions that were having openings. We're going to appoint people
to six Commissions. Can we do this all on one motion? Okay. We have only
two people that we decided on yesterday for the Human Rights Commission. Can
we have a third nomination, and then I'll read through the whole list?
Kubby/ I move Joan Jehle.
Nov/ Is there a second?
Baker/ Second.
Nov/ Moved and seconded that we appoint Joan Jehle. Is there any further discussion on
this? Okay. The other people that we would like to appoint to the vacancies on
the Human Rights Commission are Diane Martin and Arthur Vincent. On the
Board of Appeals, the Council would like to appoint Garry Haman and John
Roffman. On the Board of Library Trustees, we'd like to appoint Linda
Dellsperger. For Parks and Recreation Commission, we would like to appoint
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Barbara Endel and Bruce Maurer. For Riverfront and Natural Areas Commission,
we would like to appoint Courtney Daniels, Lynn Rose, and Dan Masco (??). For
the Senior Center Commission, there are two vacancies. We would like to
appoint Chevalier Monsanto and Deborah Schoenfelder. We have a motion to do
all that?
Lehman/ So moved.
Vanderhoef/ Second.
Nov/ Moved by Lehman, seconded by Vanderhoef. Any further discussion?
Norton/ Well, I think we should emphasize that we had, on many of these, we had a
number of very well qualified applicants, and it was difficult to choose. And I
hope to, I want to encourage all of those who did not get selected at this point, to
consider other opportunities to serve.
Nov/ I
would reiterate. Board of Adjustment, Design Review Committee, Airport
Commission, and Public Art Advisory Committee all have openings. Some of
them are specific, such as, there are two art professionals, and Design Review
requires a business or property owner, but nevertheless, please think about other
Commissions. Any other discussion? All in favor, please say aye-(ayes). All
opposed, same sign. Motion carried.
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ITEM NO. 15 CITY COUNCIL INFORMATION.
Nov/ Item/)15 is City Council Information. Mr. Baker, would you like to start?
Baker/ Nada. Nothing.
Nov/ Nothing, okay. Dee Vanderhoef.
Vanderhoef/ My, my, my. Hustled me up here. I'd just like to mention that Sherie
Thomas and her crew, who manage the downtown area, and keep it trimmed and
cleaned and so forth, did extra duty over the Homecoming weekend. And that I
was very, very pleased with the way they cleaned it up. It looked so nice already
on Saturday morning. These people worked Friday night after the parade to get it
cleaned up, and brought extra trash barrels in there, and this is just another way
that we support our City and our University in all of our activities. And I really
appreciate their work. Then, I was reading through some of the notes on the
Council on Disability Rights in Education Commission, and they are looking for
more citizens to attend the meeting, to be on their Board of Directors, and Keith
Rupp is the chairperson of this Commission. It isn't a Commission, I shouldn't
say that.
Nov/ It's a council.
Vanderhoef/ Council.
Nov/ It's an independent citizen group.
Vanderhoef/ And it's open to anyone. And if anyone is interested in this kind of council
work, why please, get in touch with Keith Rupp.
Nov/ You want to review a little bit the kind of thing that this group is doing, so that
people can see?
Vanderhoef/ One of the things that they have done in recent time is put together a
brochure that tells which businesses and restaurants and so forth are accessible to
the handicapped. And they are constantly looking for more businesses and they
also work for housing kinds of issues for handicapped and disabled. And they
work with transportation. They have a large transportation issue for themselves to
move about the community, so they're very interested in SEATS and CAMBUS,
and the accessible buses in the community.
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Nov/ And they will do a review of anybody who wants to become handicap-accessible,
or any new construction that would like their help and advice. They will offer it.
Vanderhoef/ Then, I asked Council last night, and it will be showing up, but can
somebody put that up on the TV? This is a new sign that is coming up and the
people who live in, or work in these businesses, they've designed this sign, are
being trained to assist anyone in need of a safe place to get off of the street. I
think it's a great program. Our Fire ChiefAndy Rocca was involved in putting
this program together, and I'm pleased that we're going forward with a project
like this, and I want everyone to be aware of what this sign means and that it is a
safe place, and you can teach your children that this is a sign to watch for and be
aware of in your neighborhood or in your daily travels. I think that's it.
Nov/ Dean Thomberry.
Thornberry/ Two weeks ago, last Friday, I happened to be in the new Hy-Vee store on
First Avenue when an elderly gentleman entered and became disoriented, and sort
of wobbly, and he fell on the floor, hitting his head on a chair in the process. One
of the City employees happened to be at that location at this time, who works in
the Refuse Department for the City. He's also in the National Guard, which is a
medical unit, and came to the gentleman's aid, and I would like to thank Brian
Tack for his services in helping this individual at the Hy-Vee. Thank you.
Nov/ Ernie?
Lehman/ Two things. First of all, you probably will be noticing the holiday lights are
going up downtown, and again this year, the folks from Oakdale are assisting the
Downtown Merchants in Iowa City in putting the lights on the trees. This is a
tremendous service, I think, for the business community, and the folks who are
doing it really enjoy doing it, too.
Nov/ The folks from Oakdale. Would you like to explain who those folks are?
Lehman/ The Oakdale Security Facility. These folks come down, I think today is the
third day they've been doing it, and they're very conscientious, do a great job, and
we're very pleased to have them. And I noticed there's, most of the people who
work downtown are visiting with them, they're having I think a great time being
able to help the community, and certainly the merchants appreciate it.
Nov/ It's a good public service.
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Lehman/ It really is. It really is. And one other thing. Tonight, unfortunately we're here
rather than at the Veterans' Affairs Banquet. Iowa City has the really premiere
Veterans' Affairs Banquet in the entire state. I'm sorry I couldn't be there tonight
along with a couple other Council people who would like very much to have been
there. But I think it's very important that we remember that today is Veterans'
Day, and remember what that really means to all of us. Thank you.
Vanderhoef/ I was out there until a quarter of seven.
Lehman/ So you missed most of it, too.
Vanderhoef/ So I met a lot of the people out there. Yeah. And you're right. It is a great,
great honor to have that banquet in the City and acknowledge our veterans of
wars.
Kubby/ Yeah. And as an army brat, I also celebrate Veterans' Day, and I know a lot of
people think that folks like myself who are non-violent activists, who think that
public protest is an important, even going to the point of civil disobedience, is an
important part of our democracy, somehow is in conflict with celebrating Vets'
Day. But to me, it's one of the important ways that you celebrate people's lives
who have been disrupted by war, whether you think war as an institution is
appropriate or not, or that a specific war is just or not just, that people's lives are
disrupted in our country, and I think that one of the greatest ways of celebrating
our freedoms is to be involved in the community. And sometimes that means
applauding it, and sometimes that means criticizing it. But that's how we
celebrate and honor vets every day, is by being involved in our community. To
switch subjects, in September, we got, we give an annual energy use report from
our Energy Coordinator. But I don't, I think that we forget that our continuing
energy conservation program is. Since 1980, the City has saved over $4,500,000
in energy costs through conservation. And this year alone, over $500,000 because
of the efforts of our Coordinator, and the efforts within every department and all
our maintenance people to make sure that we are living out our energy
conservation program. And since 1980, we've increased energy conservation by
37%. That's a lot of money that then does not flow out of the State, and does not
flow out of the City coffers, so that we can use that $4,500,000 for other purposes.
So, I'm glad that we have this program that more than pays for itself, and it gets
harder and harder, just like with our recycling goals, to get that extra 2%, that
extra 5%. But I'm very glad that we have a part-time Energy Coordinator to help
us deal with these issues.
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Nov/ we're sure that this money has more than paid the salary of the Energy
Coordinator.
Kubby/ Oh, you bet. You bet. You know, the leaves didn't come down for the longest
time, and now they're coming down like crazy. And I want to remind people that
blowing or raking your leaves into the creek or on the creek banks may be
convenient, but it's not the best of ideas. When winds blow, or when the creeks
rise in the spring, all those leaves then end up in the creek and can clog up our
storm sewers that can then back up, or they can clog up the passage of water
through the creek so that your property floods. So it's not really in your best
interests, or for your neighbors, to do that. So, I encourage people, also when
they're raking their leaves to the curb, to make sure they're not in the street, but
on the curb. And lastly, I've been thinking a lot about what this, how the City is
involved in implementing the Americans with Disabilities Act. And I know that
Dale is kind of our ADA coordinator. The City does have a coordinator. And it's
pretty obvious to me the kind of physical investments that we make for structural
accommodation in our community. But what I'm not real clear on is what we do
in terms of employment for people, both with physical disabilities, or with
developmental disabilities. And I wonder, Dale, if you could at some point give
us a brief written report about employment accommodations that we've made in
the last couple of years, or what kinds of challenges we face in the area of
employment for people with disabilities. Thanks, that's all I've got.
Nov/
I would like to add onto Karen's comment about leaves. In my neighborhood,
there are a lot of trees that still have their leaves, and a lot of shrubs that still have
their leaves. And we're getting to the end of our leafpick-up schedule. Do you
think there's a chance of extending that schedule?
Atkins/ Every time you take one extra day, into the winter, remember, those leaf trucks
are your snow plows, and the same people pick up leaves out of the street. So,
sure, but it's a risk.
Nov/ Unless the snow falls, we can continue picking up leaves.
Atkins/ We can, I mean, we will do our best. We know, near the tail end that if we have
to do some overtime and work full weekends, we will do that. We prefer that than
working later in the afternoon, because once it gets dark, it's not a good idea.
Kubby/ Those folks work hard on that leaf vacuum.
Nov/ Yeah, they certainly do.
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Atkins/ Yeah, it's a very good service.
Nov/ There were quite a few rainy days when, you know, the leaves weren't falling, and
the leaves weren't being raked, and the leaves weren't being picked up.
Atkins/ Yeah.
Nov/ I saw them skim through the neighborhood without ever stopping.
Atkins/ I forget what the schedule is, but I think we try to make at least three passes
through every neighborhood, and once we can be sure we've been down each
street three times, I think we've got it pretty well covered.
Kubby/ That's a pretty good service.
Norton/ Yeah, most neighborhoods have a late date.
Nov/ But most of the time, those pick-ups have really succeeded in getting the job done
by mid-November. This year it just isn't happening.
Atkins/ It's not happening.
Thornberry/ How are they coming with the limb pick-up from the storm?
Atkins/ We've wrapped it up. We still have a few outstanding.
Thomberry/ If anybody then has a bunch of limbs out in their front yard, they should call
for a special pick-up?
Atkins/ Well, we're done with that now.
Norton/ But they're back to the four-foot --
Atkins/ Yeah.
Norton/ I was going to start with my comments by thanking the City Forester and the
Crew, because we, don't forget, they spent a lot of time with real heavy work,
pushing some real big limbs through that grinder, and they got around very
rapidly. It was a terrible mess, and I think they deserve special congratulations.
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Atkins/ We will still pick them up.
Norton/ But they're --
Atkins/ But they're bundled.
Norton/ But they're bundled again, right. But that was a tremendous service, an6I know
a lot of people expressed that to me. And I hope they do to the City Forester and
his crew. I want to, after that, raise a couple of questions. And one I mentioned
last night, but I want to do this on the air, because several people have spoken to
me about the traffic islands that were installed on Linn Street to protect the angle
parking and to define the travel lanes. And I understand the difficulties. But at
least to me, and I looked at them again a long time today, they come out so far
that it makes it kind of difficult to make right tums. I hope someone's going to
take a look at that again, and I'm particularly worded about what will happen
when winter comes, and where bicycles go, because the travel lane is so narrow
that the bike is caught behind the island, and it may be hard to get out. So, I know
we're trying to do the fight thing about protecting those, and making the travel
lanes identifiable, but they may need a little further work. In that regard, I also
looked at Melrose again, and I, it is a problem, it seems to me we ought to get
looking at that turn lane on Melrose, that is the westbound turning right. Sooner
rather than later. Are we still after that?
Atkins/ I don't, I thought we told you what we were going to do.
Kubby/ I thought we were going to monitor it for awhile.
Norton/ Oh, we're going to leave it.
Kubby/ We'll monitor it and get a report back.
Norton/ It's already a problem, let me tell you.
Atkins/ It's already a problem. We're aware of that.
Norton/ No doubt about it.
Nov/ Yes, it is.
Atkins/ We have to amend an ordinance to make any changes.
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Norton/ I understand we have to amend the ordinance, but I still --
Kubby/ That, I mean, that's do-able. It's the other work that would need to be done in
terms of more land and whose land, and --
Norton/ Do we have to acquire more land in order to do it?
Nov/ Well, I don't know. There was a lot of discussion about whether or not we ought to
allow curve in that intersection, as straight traffic would have to make a little
curve. But we've got curves in other areas of town, so I'm not so sure that's the
biggest deterrent.
Kubby/ But the whole road curves.
Norton/ But there are now occasions when people accommodate, and they make a right
turn lane there, that is, somebody pulls left, ad somebody sneaks into the right,
and you have pretty soon a right turn lane perforce.
Nov/ Yeah.
Norton/ Well anyhow, if we can get at it sooner rather than later, I think it might be very
desirable. And I also look forward, Steve, to some kind of a report about the
possibilities for auxiliary patrols downtown. I still think that --
Atkins/ Yes.
Norton/ I was listening to some of one of the public programs, and one of the officers
was on pointing out that we did have such a few years ago. That we had people
who were reminding bicyclists and so forth, and wore some kind of identifiable
uniform, so it's been tried here in some fashion.
Atkins/ Yeah, we contacted a number of other cities just to see how they do it, just to
gather the information. But we do owe you a report on that.
Norton/ Okay.
Nov/ Was this a community service officer that was doing this?
Atkins/ No, this is an auxiliary.
Norton/ We had an auxiliary force for awhile --
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Atkins/ It's like a Police Reserve, they're called lots of different things.
Kubby/ What do you call them?
Norton/ I call them Police Auxiliaries. That's what they're called in the Mall of
America, and places where they have --
Kubby/ Mall Moms.
Norton/ Mall Moms they call them there, yeah.
Nov/ I would like us to see if we couldn't involve some of University Security for some
of these, how shall I say, heavily used areas downtown on Friday and Saturday
night?
Atkins/ I understand that RJ and Chuck Green have discussed that, and I'm not so sure
the extent of their authority and our authority, and I think there's a number of
issues. But it certainly --
Nov/ They could be auxiliaries.
Atkins/ Yes.
Nov/ They'd be well-trained.
Norton/ Well, the whole thing needs to be explored. Because it does seem it might be
possible, and it's being tried, and it's being done in, not only in the Mall of
America, but most big centers of that sort have a huge problem, as I said, 2,000-
3,000 a night in Minneapolis.
~tkins/ I think the Johnson County Sheriff has a Sheriffs Reserve. I think those folks
are, you know, wear uniforms and do traffic control, and --
Norton/ I hasten this is to be more civilized rather than less. I don't mean to, this is not
meant to be oppressive, but just to be helpful.
Atkins/ Okay, yeah.
Nov/ I think that --
Atkins/ Research is underway.
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Norton/ Delicate (can't understand).
Nov/ I think that you may need a little bit of oppressive along with the whole.
Occasionally oppressive.
Norton/ Somebody says that mostly what they do is talk with people, and you know,
interact with them a little bit, so that there's not so much isolation and fear. I
mean, they're a presence of a positive sort. That's what I'm trying to say.
Nov/Yeah, yeah, I understand what you mean. Okay. I have a few date announcements
which I would like to remind people. On Thursday, this Thursday, we have a City
Hall Day, which is going to be statewide, and locally, we're doing it right here in
the Civic Center at 7:30 p.m. It will be televised. And this will include six
legislators that cover Iowa City, Coralville, North Liberty, University Heights,
Mount Vernon, Lisbon, Ely, Tiffin, Walford, Oxford, Solon, Shueyville, and
Swisher. So, it will take in Senators Robert Dvorsky and Mary Newhauser, and
Representatives Lynette Doderer, Rolf Fahey, Mary Mascher, and Dick Meyers.
And we will all talk about City issues in relation to State Legislators,
environmental issues, telecommunications, population, taxes, etc. Whatever
regulations the state has for cities.
Norton/ Talk about rollbacks?
Nov/ Pardon?
Norton/ You'll talk about rollbacks, I hope.
Nov/ We can talk about rollbacks. We certainly can, yes. And I would like City Council
members to let me know how many of us are going to be here. One, two, three,
four, five.
Kubby/ I will be here, too, but maybe a few minutes late.
Nov/ Okay, sounds like six. Larry, are you the only one who's saying no?
Baker/ I will not.
Nov/ Okay, okay. And we're going to start at 7:30 so that some people who want to go
over to the Chamber banquet for a little while may do so. Our new downtown
shuttle is doing well. We have a report of the first week. We started out on
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Monday with 193 riders. By Wednesday, we had 478 riders. And, at the end of
the week, we had 1,760.
Norton/ Really?
Nov/ A nice total.
Norton/ Per day?
Nov/ Not per day, for the week.
Norton/ Okay. I was going to say. Oh, that's the total. We'd have to have a bigger bus.
Nov/ No, that's one weeks' worth of riders on the free downtown shuttle, and it has
exceeded our expectations according to Ron Logsden.
Lehman/ By 50%.
Nov/ Yes.
Atkins/ Yeah. We're pushing at that rate, we're in the 85,000s, and 60,000 was our goal.
Kubby/ Though it'll slack off during certain times of the year.
Norton/ I've noticed more parking spaces downtown.
Kubby/ We should be there.
Nov/ You've noticed, okay.
Norton/ I have.
Nov/ This has nothing to do with what spaces we've added, it's just the shuttle that has
caused it, right?
Norton/ Right, exactly.
Thornberry/ Naomi, I talked to Ron Logsden about those numbers, and asked him what
impact it had on the regular transit buses, and he said minimal.
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Kubby/ That means we can deduct that there are new riders, instead of taking fare riders
away from our regular system.
Thornberry/ He was talking with some of them, saying that they were starting to get
carpools together, and come by cars, that they're now taking this shuttle bus. So,
that's good.
Norton/ It will affect parking.
Thornberry/ That's the purpose for it, so it's working.
Kubby/ That's great.
Nov/ Okay.
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November 11, 1997
ITEM NO. 16.
City of Iowa City Page 13
REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY.
a. City Manager.
ITEM NO. 17.
b. City Attorney.
ADJOURNMENT.
#16b page 1
ITEM NO. 16b REPORT ON ITEMS FROM THE CITY ATTORNEY
Nov/City Attorney?
Dilkes/ Our new Assistant starts on Monday.
Nov/ Okay. You want to put the name out?
Lehman/ Just in time.
Nov/ Announce the name.
Dilkes/ It was in the paper. Andrew Matthews is his name.
Nov/ New City Assistant Attorney.
Kubby/ I'm glad that came together so quickly.
Norton/ Just in time.
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City Council Meeting Schedule
and Tentative ~/ork Session Agendas
November 8 - November 14, 1997
November 7, 1997
Telecast Live on Cable Cllannel 4
November 10
7:00p
Monday
COUNCIL WORK SESSION
TIMES ARE APPROXIMATE
Council Chambers
7:00p
7:30p
8:15p
8:30p
8:45p
9:05p
Review Zoning Matters
Airport North Commercial Area/Public Works Facility
Bows and Arrows
Captain Irish Parkway/First Avenue - Update
Consider the following appointments: Board of Adjustment (1),
Board of Appeals (2), Board of Library Trustees (1), Design Review
Committee (1), Human Rights Commission (3), Parks and Recreation
Commission (2), Riverfront and Natural Areas Commission (3),
Senior Center Commission (2)
Council Agenda/Council Time
November 11
VETERANS' DAY - CITY OFFICES CLOSED
TuesdayI
7:00p [~
FORMAL COUNCIL MEETING
Council Chambers
Keg Ordinance
Hickory Hill West
Water Project Costs
Chutes and Vaults
Sales Tax
FUTURE ~/ORK SESSION ITEMS
Landfill Master Plan
Sand Point Wells
DARE Program Review
Sanitary Sewer Repair - New Policy Update
Cemetery Update