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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 :i:i:i: :i~i:i:i: ~:i:i:~: :!:~: i: :i:i:i :i:i: :i:: :~: :~:i: :~:i: ::::::::::::::::::::::::::::::::::::::::: i:i:i:i:i:i:i:i:i:i:i:~3i :i~ ::::::::::::::::::::::::::::::: i:~:i:i:i :i:i:i:i:i:i:i:i:i:i:i:i:i:i:i:i :i: 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 11, 1997. Fl11197 #3 page 1 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 11, 1997. Fl11197 #3 page 2 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 11, 1997. Fl11197 #3 page 3 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 11, 1997. Fl11197 #3 page 4 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 11, 1997. Fl11197 #3 page 5 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 -- This represents only a reasonably accurate transcription of the Iowa City council meeting of November 11, 1997. Fl11197 #3 page 6 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 This represents only a reasonably accurate transcription of the Iowa City council meeting of November 11, 1997. Fl11197 #3 page 7 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 This represents only a reasonably accurate transcription of the Iowa City council meeting of November 11, 1997. Fl11197 #3 page 8 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) This represents only a reasonably accurate transcription of the Iowa City council meeting of November 11, 1997. Fl11197 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? This represents only a reasonably accurate transcription of the Iowa City council meeting of November 11, 1997. Fl11197 #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. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 11, 1997. Fl11197 #4a page 3 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 -- This represents only a reasonably accurate transcription of the Iowa City council meeting of November 11, 1997. Fl11197 #4a page 4 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 11, 1997. Fl11197 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 11, 1997. Fl11197 #4b page 2 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? This represents only a reasonably accurate transcription of the Iowa City council meeting of November 11, 1997. Fl11197 #4b page 3 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 11, 1997. Fl11197 #4d page 1 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, This represents only a reasonably accurate transcription of the Iowa City council meeting of November 11, 1997. Fl11197 #4d page 2 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 11, 1997. Fl11197 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 This represents only a reasonably accurate transcription of the Iowa City council meeting of November 11, 1997. Fl11197 #4e page 2 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 This represents only a reasonably accurate transcription of the Iowa City council meeting of November 11, 1997. Fl11197 #4e page 3 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 This represents only a reasonably accurate transcription of the Iowa City council meeting of November 11, 1997. Fl11197 #4e page 4 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 11, 1997. Fl11197 #4e page 5 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 This represents only a reasonably accurate transcription of the Iowa City council meeting of November 11, 1997. Fl11197 #4e page 6 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 11, 1997. Fl11197 #4e page 7 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 11, 1997. Fl11197 #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. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 11, 1997. Fl11197 #4f page 2 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 11, 1997. Fl11197 #4f page 3 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 11, 1997. Fl11197 #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 This represents only a reasonably accurate transcription of the Iowa City council meeting of November 11, 1997. Fl11197 #3 (cont.) page 2 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 11, 1997. Fl11197 #3 (cont.) page 3 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 This represents only a reasonably accurate transcription of the Iowa City council meeting of November 11, 1997. Fl11197 #3 (cont.) page 4 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 11, 1997. Fl11197 #3 (cont.) page 5 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 11, 1997. Fl11197 #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. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 11, 1997. Fl11197 #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. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 11, 1997. Fl11197 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 11, 1997. Fl11197 #5 page 2 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 11, 1997. Fl11197 #6 page 1 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 11, 1997. Fl11197 #6 page 2 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? This represents only a reasonably accurate transcription of the Iowa City council meeting of November 11, 1997. Fl11197 #6 page 3 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 11, 1997. Fl11197 #6 page 4 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 This represents only a reasonably accurate transcription of the Iowa City council meeting of November 11, 1997. Fl11197 #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 This represents only a reasonably accurate transcription of the Iowa City council meeting of November 11, 1997. Fl11197 #6 page 6 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 This represents only a reasonably accurate transcription of the Iowa City council meeting of November 11, 1997. Fl11197 #6 page 7 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 11, 1997. Fl11197 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 11, 1997. Fl11197 #9 page 2 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 11, 1997. Fl11197 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 11, 1997. Fl11197 #10 page 2 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 11, 1997. Fl11197 #10 page 3 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 11, 1997. Fl11197 #10 page 4 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 11, 1997. Fl11197 #10 page 5 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 11, 1997. Fl11197 #10 page 6 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). This represents only a reasonably accurate transcription of the Iowa City council meeting of November 11, 1997. Fl11197 #10 page 7 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 11, 1997. Fl11197 #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. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 11, 1997. Fl11197 #12 page 1 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 11, 1997. Fl11197 #12 page 2 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 11, 1997. Fl11197 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 This represents only a reasonably accurate transcription of the Iowa City council meeting of November 11, 1997. Fl11197 #14 page 2 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 11, 1997. Fl11197 #15 page 1 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 11, 1997. Fl11197 #15 page 2 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 11, 1997. Fl11197 #15 page 3 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 11, 1997. Fl11197 #15 page 4 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 11, 1997. Fl11197 #15 page 5 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 11, 1997. Fl11197 #15 page 6 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 11, 1997. Fl11197 #15 page 7 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 -- This represents only a reasonably accurate transcription of the Iowa City council meeting of November 11, 1997. Fl11197 #15 page 8 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 11, 1997. Fl11197 #15 page 9 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 This represents only a reasonably accurate transcription of the Iowa City council meeting of November 11, 1997. Fl11197 #15 page 10 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 11, 1997. Fl11197 #15 page 11 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 11, 1997. Fl11197 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. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 11, 1997. Fl11197 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