HomeMy WebLinkAbout1997-12-09 AgendaSubject to change as fivali~ed by the City Clerk. For a tmal otEicial copy, contact the City Clerk's OtEice, 356-5040.
AGENDA
CITY COUNCIL MEETING
December 9, 1997 - 7:00 p.m.
Civic Center
ITEM NO. 1. CALL TO ORDER.
ROLL CALL.
ITEM NO. 2.
OUTSTANDING STUDENT CITIZENSHIP AWARD - Grant Wood Elementary
a. Kelsey Colbert
b. Shannon Triplett
c. Eric Wilke
ITEM NO. 3.
MAYOR'S PROCLAMATIONS.
a. City High Little Hawks Boys Cross Country Recognition Day -
December. 10 ~ ~J/~~ '~ ~
b. West High Trojans Girls Cross Country Team Recognition Day -
December 1 1 ~ <~-~~ -r- ~
c. Regina Regals Boys Cross Country Team Recognition Day -
December 12 ~ ~ ~~
Human Rights Recog i.'on Da, y~- December .1 0__.__-, ~ __~_~
e. Drunk and Drugged Drivin{~ Prevention Month - Decerfiber
Lights on for Life Day - December 19
Lifesavers' Weekend - December 1 9-21
ITEM NO. 4.
CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED
OR AMENDED.
Approval of Official Council Actions of the special meeting of
November 1 1 and the regular meeting of November 18, as published,
subject to corrections, as recommended by the City Clerk.
b. Minutes of Boards and Commissions.
(1) Animal Control Advisory Board -September 18
(2) Design Review Committee - November 17
(3) Historic Preservation Commission - October 23
(4) Historic Preservation Commission - November 4
(5) Historic Preservation Commission - November 10
#2 page 1
ITEM NO. 2 OUTSTANDING STUDENT CITIZENSHIP AWARD - Grant Wood Elementary
Nov/
Now, should we do the younger children, since we're doing our schools? and then we'll
do the others. I think it is a pleasure to recognize all of these helpful students. We've
recognized high school students. Let's do the grade school students next.
Karr/ If the Citizenship Awards could come forward.
Nov/ Okay, now you're all going to read what you have written about your activities at school.
Then you're going to get a little certificate. Okay?
Shannon Triplett/ I would like to thank the staff at Grant Wood and the Iowa City City Council
for this award. I have attended Grant Wood kindergarten through sixth grade. Over the
years, I have been in our school bank, Student Council, Jazzy Jumpers and safety patrol.
I have also participated in Cocoa and Carols and Stomp. I also play the trumpet and I'm
in the East Side Band.
Nov/ Very nice. This is Shannon Triplett, and we have an award that says "Citizenship Award.
For her outstanding qualities of leadership within Grant Wood Elementary, as well as the
community, and for her sense of responsibility and helpfulness to others, we recognize
Shannon Triplett as an Outstanding Student Citizen. Your community is proud of you."
This is presented by the Iowa City City Council, December 1997, and signed by the
Mayor. We should have seals on these. Do we have some? We're going to put a gold
seal on it, though. Let's have the next one.
Eric Wilke/ Hi, my name is Eric Wilke. I want to thank Grant Wood staff and the City Council
for this honor. I'm here because I've tried my best in school activities. I've been a
Conflict Manager for four years, and on patrol for a year. I think it's a great way to help
my school run smoothly. I've played viola for three years, and piano for four. Thanks
again.
Nov/ Wow. Thank you. Now everybody is supposed to hold this in front of you so the camera
may see it. And we're going to send a video over to the school. Plus, you've got parents
taking pictures, right? Did I give you the wrong one? No wonder you're (can't
understand). Okay. Come over here. We're going to get everybody in the center.
Kelsey Colbert/ My name is Kelsey Colbert. I'm the Captain of our school Safety Patrol at
Grant Wood Elementary. I'm in my third year as a Conflict Manager. I like helping the
other kids work out their disagreements. I play violin in the East Elementary Orchestra. I
would like to thank the Mayor, the City Council, and the staff at Grant Wood for this
honor.
This represents only a reasonably accurate transcription of the Iowa City council meeting
of December 9, 1997.
F120997
#2 page 2
Nov/ Congratulations to all of you, you're doing a great job.
This represents only a reasonably accurate transcription of the Iowa City council meeting
of December 9, 1997.
F120997
#3a page 1
ITEM NO. 3a MAYOR'S PROCLAMATIONS - City High Little Hawks Boys Cross Country
Recognition Day - December 10
Nov/
We're going to reverse order just a little bit. We're going to do Item #3, Mayor's
Proclamations first. And since we have a huge stack of proclamations, we're going to
share the reading. The first one is City High Little Hawks Boy's Cross Country
Recognition Day.
Thomberry/ (Reads City High Little Hawks Boys Cross Country Recognition Day
Proclamation).
Marian Karr/ Madam Mayor, Coach Maresh is here. Coach Maresh and all the team members
are here to accept.
Lehman/ Run right up.
Nov/ Nice shirts.
Coach MaresbY I just want to take a moment here, just to thank the city of Iowa City for
recognizing these athletes. This is just a small percentage of the athletes that we have at
City High running cross country. I think it's fantastic that the City recognizes their
accomplishments, not only at the State meet, but also throughout the season. They
worked hard as student athletes in the classroom, as well as during practice, and I think
it's a fantastic thing for the City to recognize these students. Thanks.
Nov/ Thank you.
This represents only a reasonably accurate transcription of the Iowa City council meeting
of December 9, 1997.
F120997
#3b page 1
ITEM NO. 3b MAYOR'S PROCLAMATIONS - West High Trojans Girls Cross Country Team
Recognition Day - December 11
Lehman/ (Reads West High Trojans Girls Cross Country Team Recognition Day Proclamation).
Karr/ And here to accept, Coach Parker and the girl's team.
Nov/ Congratulations.
Coach Parker/ I'd like to thank the Mayor and the City Council for this recognition of our
achievements. I'd also like to thank the entire staff and student body at West High for
their ongoing support of our program, our Principal, Dr. Jerry Arganbright, our Athletic
Director, Marv Reiland, Club West, and everyone that helped us get to the top of the
mountain that we feel we finally achieved this year. Thank you very much.
This represents only a reasonably accurate transcription of the Iowa City council meeting
of December 9, 1997.
F120997
December 9, 1997 City of Iowa City Page 2
Go
(6)
(7)
(8)
(9)
(10)
(11)
(12)
Iowa City Airport Commission - October 16
Iowa City Board of Adjustment - November 12
Iowa City Board of Appeals - September 15
Recommendation to Council: Revise the definition of grade as
proposed by staff, noting that the amendment applies only to
artificially-raised grade used to determine the height of the
building.
Parks and Recreation Commission - November 12
Planning and Zoning Commission - November 6
Planning and Zoning Commission - November 20
Police Citizen Review Board - November 19
(13) Riverfront and Natural Areas Commission - October 15
(14) Rules Committee - November 20
Permit Motions and Resolutions as Recommended by the City Clerk.
(1)
(2)
(3)
(4)
(5)
(6)
Consider a motion approving a Class C Liquor License for Gabe's,
Inc., dba Gabe's, 330 E. Washington St. (Renewal)
Consider a motion approving an Outdoor Service Area for Gabe's,
Inc., dba Gabe's, 330 E. Washington St. (Renewal)
Consider a motion approving a Class C Liquor License for Inc.
Limited, dba Sanctuary Restaurant, 405 S. Gilbert St. (Renewal)
Consider a motion approving a Class C Liquor License for Carlos
O'Kelly's of Iowa City, Inc., dba Carlos O'Kelly's Mexican Care,
1411 S. Waterfront. (Renewal)
Consider a motion approving a Class B Beer Permit for Pizza Hut
of America, Inc., dba Pizza Hut #402005, 1921 Keokuk St.
(Renewal)
Consider a Resolution approving a Dance Permit for Gabe's, 330
E. Washington St.
#3c page 1
ITEM NO. 3c MAYOR'S PROCLAMATIONS - Regina Regals Boys Cross Country Team
Recognition Day - December 12
Nov/ And next we have Regina.
Vanderhoef/ (Reads Regina Regals Boys Cross Country Team Recognition Day Proclamation).
Karr/ Here to accept, Coach Brown and members of the boys team.
Nov/ Congratulations. I think we're amazing this year. Three winning cross country teams in
one city.
Thomberry/ A runaway.
Nov/ That's true, isn't it.
Thomberry/ Yeah, a runaway.
Coach Brown/ I'd like to thank you, the Mayor and the Council. We consider it an honor to be
recognized by our hometown in this way. For all three schools, this has been an exciting,
once in a lifetime experience. To put it in perspective, this is the first time in the fifty-
eight year history of cross country in the State that three State Championships have come
from the same city, which is pretty remarkable. You people deal with numbers all the
time, and to kind of put it in perspective, there are approximately 294 schools that
compete in cross country in the State of Iowa. The best 108 make it to the State meet. Of
those 108 teams, six are crowned State Champions at the end of the day. Three of these
six are from Iowa City, which is really a remarkable accomplishment. And I'd like to
say, the other two coaches alluded to it, too, these young people from all three schools
exemplify what's really right about young people. They're not only outstanding athletes,
they're good students. I know that all three schools will be recognized for their academic
achievements by the State Association. They're in drama, they're in music, they're in
newspaper, and they do a lot of things the right way. So, on behalf of the Regina
community, and all the other young people that are on our team, I'd like to thank you
again.
This represents only a reasonably accurate transcription of the Iowa City council meeting
of December 9, 1997.
F120997
#3d page 1
ITEM NO. 3d MAYOR'S PROCLAMATIONS - Human Rights Recognition Day - December
10
Nov/ We're on Human Rights Recognition Day. (Reads Human Rights Recognition Day
Proclamation).
Karr/ Here to accept is Katy Hansen from the United Nations Association.
Nov/ Congratulations.
Katy Hansen/ As President of the United Nations Association, I applaud Iowa City and its
recognition of the importance of the Universal Declaration of Human Rights which was
signed at the United Nations 49 years ago tomorrow, December 10, 1948. We celebrate
the achievement of the nations who have signed this document, but also we salute Iowa
City's effort to make the Declaration a reality. This begins a year-long celebration in
Iowa City, and in the University of Iowa, to celebrate this document. Tomorrow, in the
Iowa City Press-Citizen, a full-page ad will appear, endorsing the Universal Declaration
of Human Rights, signed by over 1,000 residents of Iowa City. This month, the
Coralville and Iowa City libraries have displays on the Declaration. Tomorrow, the Iowa
City Foreign Relations Council is having a Human Rights Day luncheon. On January the
18th, the ecumenical service, an ecumenical service, will be held at the First Christian
Church, in connection with the Martin Luther King, University of Iowa Human Rights
Celebration. In April, a play, Three Tall Woman, will be presented at the Riverside
Theatre. Keep watching your newspapers for further events throughout this next year.
The Universal Declaration of Human Rights is written in recognition that the inherent
dignity and equal and inalienable right of all members of the human family is the
foundation of freedom, justice, and peace in the world. Thank you very much.
Nov/ Thank you.
This represents only a reasonably accurate transcription of the Iowa City council meeting
of December 9, 1997.
F120997
#3e page 1
ITEM NO. 3e MAYOR'S PROCLAMATIONS - Drank and Drugged Driving Prevention Month
- December; Lights on for Life Day - December 19; Lifesavers' Weekend - December 19-
21.
Nov/ (Reads Proclamations).
Karr/ Here to accept is Lisa Stephens from MECCA.
Nov/ Okay, Lisa's not planning to say something.
This represents only a reasonably accurate transcription of the Iowa City council meeting
of December 9, 1997.
F120997
City of Iowa City
MEMORANDUM
Date: December 8, 1997
To: Mayor and City Council
From: City Clerk
Re: Addition to the Consent Calendar
4b(15) Minutes of Iowa City Board of Appeals - October 6, 1997
Recommendation to Council: Retain the wording of the local amendment to Section
904.2.8 of the Uniform Building code which requires fire sprinklers in residential
structures with three or more levels of residential occupancy and to return to the
wording of the national code which requires fire sprinklers in residential structures
containing sixteen or more dwelling units.
December 9, 1997 City of Iowa City Page 3
d. Setting Public Hearings.
(1)
CONSIDER A MOTION SETTING A PUBLIC HEARING
FOR DECEMBER 16 ON PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATE OF COST FOR
STABILIZATION OF THE MONTGOMERY-BUTLER HOUSE,
LOCATED ON THE WEST SIDE OF N. DUBUQUE STREET AND
SOUTH OF THE IOWA RIVER, DIRECTING THE CITY CLERK TO
PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE
DIRECTOR OF PLANNING AND COMMUNITY DEVELOPMENT
TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION.
Comment: This project involves stabilizing and protecting this
mid-19th century building from further deterioration to allow
rehabilitation of the building at some point in the future. The
building will be secured, properly ventilated, and protected from
the weather. This project is to be completed during the winter
while the ground is frozen so that less care is needed to protect
potential archaeological resources around the house.
e. Motions.
(1)
CONSIDER A MOTION TO APPROVE DISBURSEMENTS IN THE
AMOUNT OF $10,456,774.67'FOR THE PERIOD OF OCTOBER 1
THROUGH OCTOBER 31, 1997, AS RECOMMENDED BY THE
FINANCE DIRECTOR SUBJECT TO AUDIT. DISBURSEMENTS ARE
PUBLISHED AND PERMANENTLY RETAINED IN THE CITY
CLERK'S OFFICE IN ACCORDANCE WITH STATE CODE.
f. Resolutions.
(1)
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A
LIEN REGARDING A MORTGAGE FOR PROPERTY LOCATED AT
920 SEVENTH AVENUE SOUTH, IOWA CITY, IOWA.
Comment: The owner of the property located at 920 Seventh
Avenue South received a $2,198 loan through the City's
Housing Rehabilitation Program on December 20, 1995. The
financing was in the form of a five year, low-interest loan. The
balance of this loan was paid off on December 1, 1997; thus,
the lien can now be released.
(2) CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE
WYLDE GREEN ROAD SANITARY SEWER PROJECT.
Comment: See Engineer's Report.
(3)
CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE
CONSTRUCTION OF THE BROOKSIDE DRIVE BRIDGE
RECONSTRUCTION PROJECT (PROJECT NO. BRM-3715(5)--8N-52).
Comment: See Engineer's Report.
December 9, 1997
(4)
'~7- 5ff3 (6)
City of Iowa City
Page 4
CONSIDER A RESOLUTION ACCEPTING THE WORK FOR THE
CONSTRUCTION OF THE WILLOW STREET RECONSTRUCTION
PROJECT.
Comment: See Engineer's Report.
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST A STORMWATER
MANAGEMENT EASEMENT AGREEMENT WITH BUNCHER CO.
FOR PROPERTY LOCATED AT HEINZ ROAD AND HIGHWAY 6.
Comment: Pursuant to Title 14, Chapter 5, Article H of the Code of
Ordinances of the City of Iowa City, Iowa, Buncher Co. submitted a
site plan for a warehouse expansion at the existing development
located at Heinz Road and Highway 6. City staff approved the site
plan subject to the property owners entering into an additional
Storm Water Management Easement Agreement to accommodate
the stormwater runoff from the expansion. This Resolution
authorizes the execution of the Stormwater Management Easement
Agreement.
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN
AND THE CITY CLERK TO ATTEST A DRAINAGE EASEMENT
AGREEMENT WITH JIM AND ANNE MURRAY FOR PROPERTY
LOCATED AT 2007 WATERFRONT DRIVE, IOWA CITY, IOWA.
Comment: Pursuant to Title 14, Chapter 5, Article H of the Code of
Ordinances of the City of Iowa City, Iowa, Ed Sobaski submitted a
site plan on behalf of owners Jim and Anne Murray for a
development located at 2007 Waterfront Drive, Iowa City, Iowa.
City staff approved the site plan subject to the property owners
entedng into a Drainage Easement Agreement to accommodate the
drainage of stormwater from the development and to preserve the
subject drainage channel as a component of the area drainage
system. This Resolution authorizes the execution of the Drainage
Easement Agreement.
CONSIDER A RESOLUTION APPROVING THE BY-LAWS
OF THE POLICE CITIZEN'S REVIEW BOARD.
Comment: The Rules Committee minutes of November 20 are
included in this Council packet.
December 9, 1997
~¥~ ~t.~ (8)
City of Iowa City
Page 5
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST A MEMORANDUM
OF AGREEMENT AMONG THE U.S. ARMY CORPS OF
ENGINEERS, ROCK ISLAND DISTRICT; THE IOWA STATE
HISTORIC PRESERVATION OFFICER; AND THE CITY OF
IOWA CITY, IOWA; REGARDING CONSTRUCTION METHODS
FOR THE IOWA RIVER POWER DAM IMPROVEMENTS TO
TAKE INTO CONSIDERATION THE EFFECT OF THE
CONSTRUCTION ON THE IOWA RIVER POWER DAM.
Comment: The Rock Island District of the U.S. Army Corps of
Engineers (COE) has determined that issuance of Department of
the Army Permit No. CEMVR-RD-316170 for construction of the
Iowa River Power Dam Improvements within the COE Permit
Area will have an effect upon a property eligible for inclusion in
the National Register of Historic Places.) Pursuant to 36 CFR
Part 800, the COE and the City have consulted with the Iowa
State Historic Preservation Officer {SHPO), regarding regulations
implementing Section 106 of the National Historic Preservation
Act (16 U.S.C. = 470f), and the COE, the City, and the Iowa
SHPO agree that the Project undertakings shall be implemented
in accordance with certain stipulations in order to take into
account the effect of the Project on the historic Iowa River
Power Dam. The attached Memorandum of Agreement contains
terms which satisfy 36 CFR Part 800, the regulations
implementing Section 106 of the National Historic Preservation
Act. (16 U.S.C. ~ 470f), as well as other requirements for the
issuance of necessary permits. This Resolution authorizes the
City's execution of the attached Memorandum of Agreement.
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO AT'rEST A STORMWATER
DETENTION BASIN EASEMENT AGREEMENT WITH STERLING
HOUSE CORPORATION FOR PROPERTY LOCATED AT SCOTT
BOULEVARD AND LOWER WEST BRANCH ROAD.
Comment: Pursuant to Title 14, Chapter 5, Article H of the Code of
Ordinances of the City of Iowa City, Iowa, Sterling House Corporation
submitted a site plan for development of an assisted living facility
located at Scott Boulevard and Lower West Branch Road. City staff
approved the site plan subject to the property owners entedng into a
Stormwater Detention Basin Easement Agreement to accommodate
the stormwater runoff from the development and to preserve the
integrity of the stormwater management system in the future. This
Resolution authorizes the execution. of the Stormwater Detention
Basin Easement Agreement.
December 9, 1997 City of Iowa City Page 6
(10)
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST A MEMORANDUM OF
AGREEMENT AMONG THE U.S. ARMY CORPS OF ENGINEERS,
ROCK ISLAND DISTRICT; THE IOWA STATE HISTORIC
PRESERVATION OFFICER; AND THE CITY OF IOWA CITY,
IOWA; REGARDING THE IOWA CITY WATER FACILITY
IMPROVEMENTS AND PROPERTY PURCHASED UNDER THE
U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT'S COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM AS SUBMITTED TO THE ADVISORY COUNCIL ON
HISTORIC PRESERVATION PURSUANT TO 36 CFR 800.6(a)
Comment: The Rock Island Distdct of the U.S. Army Corps of
Engineers (COE) has determined that issuance of Department of the
Army Permit No. CEMVR-RD-318170 for construction of the Iowa
City Water Facility Improvements within the COE Permit Area will
have an effect upon archaeological and properties potentially eligible
for inclusion in the National Register of Histodc Places.) Pursuant to
36 CFR Part 800, the COE and the City have' consulted with the Iowa
State Historic Preservation Officer (SHPO), regarding regulations
implementing Section 106 of the National Historic Preservation ACt
(16 U.S.C. [] 470f), and the COE, the City, and the Iowa SHPO agree
that the issuance of the Department of the Army Permit No
CEMVR-RD-318170 for the Project and Project undertakings within
the CDBG Purchase Area shall be implemented in accordance with
certain stipulations in order to take into account the effect of the Iowa
City Water Facility Improvements Project on historic properties. The
attached Memorandum of Agreement contains terms which satisfy 36
CFR Part 800, the regulations implementing Section 106 of the
National Histodc Preservation Act (16 U.S.C. r, 470f), as well as other
requirements for the issuance of necessary permits. This Resolution
authorizes the City's execution of the attached Memorandum of
Agreement.
g. Correspondence.
(1) Judy Pfohl (Neighborhood Council of Iowa City) - open space
(2) Kathy Kasson and Karlyn Larson - downtown tree
(3) Bob Kemp - fountain sign
Brian Forrest {KRUI) - invitation for Face-Off
(5)
(6)
Allison McNeese - Hickory Hill Park
JCCOG Traffic Engineering Planner:
(a) Lane Designation at Intersection
Madison Street
of Iowa Avenue and
(7)
Civil Service Commission submitting certified lists of applicants
for the following position(s):
(a) Maintenance Worker I - Towing
(b) Maintenance Worker I -.Transit
(c) Parking Cashier
December 9, 1997 City of Iowa City Page 7
h. Use of City Plaza {approved)
{1) Deirdre Castle (Holiday Kick-Off) - November 23 - December 31
ITEM NO. 5.
END OF CONSENT CALENDAR.
PUBLIC DISCUSSION
(ITEMS NOT ON THE AGENDA).
ITEM NO. 6.
PLANNING AND ZONING MATTERS.
ao
Public hearing on a resolution approving the annexation of a 2.59 acre
tract located at 3151 Highway 6 East. (ANN97-0003)
Comment: At its November 6 meeting, by a vote o he Planning
and Zoning Commission recommended approval of the proposed
annexation. Staff recommended approval in a report dated October 16.
Action:
Public hearing on an ordinance amending the Zoning Chapter by
changing the zoning designation for a five acre tract located at 3151
Highway 6 East from County Rural {A1) (2.59 acres) and Rural
Residential (RR-1) (2.41 acres) to RM-20, Medium Density Multi-
FamilyResidential. (REZ97-0017)
Comment: At its November 6 meeting, by a vote of 6-13, the Planning
and Zoning Commission recommended approval of the requested
rezoning, subject to certain conditions. Staff recommended approval
of the RM-20 rezoning in a staff report dated October 16 and set forth
the conditions of approval in a memorandum dated November 6.
Action:
#5 page 1
ITEM NO. 5 PUBLIC DISCUSSION (ITEMS NOT ON THE AGENDA).
Nov/ Item #5 is Public Discussion. This is for items that are not on today's agenda. If you
would like to speak, please come forward, sign your name and address, and limit your
comments to no more than five minutes.
Cecile Kuenzli/ I have a couple of comments about an item that's on the P/Z calendar. Do you
want me to discuss it then, when you're discussing P/Z matters, or should I --?
Nov/ I would appreciate if you would wait.
Alberto Abreu/ Good evening. My name is Alberto Abreu, and I'm with the Council on the
Status of Latinos. I attended a City Council meeting here, on November 11, 1997. At
that meeting, a group of us expressed concerns over the decision taken by TCI to remove
Univision, the Spanish language network, in Iowa City, Coralville, and University
Heights. I would like to take this time to thank the Mayor, the City Council, for the letter
dated November 1 lth, 1997, in which you urge TCI to seek a reasonable alternative to the
partial removal of Univision. I would also like to thank the Assistant City Manager, City
Cable Office, City Attorney's Office, and City Clerk's Office for assisting me in gaining
access to various City documents and letters, and/or clarification on different issues.
They were very helpful, and I'm sure that at times, perhaps, they thought that I was a
pain. As you all might or might not know, as of yesterday, Univision did go off its
regular hours. And it's on at hours originally proposed back on November 9th, that are
11 p.m. to 8 a.m. I am here to ask the City Council to look at, and urge the City to hold
TCI accountable, not for the promise which they have made to us, they have repeatedly
made a promise to return Univision to the 24-hour format, once the upgrade is done, but I
want to urge the City Council to keep TCI Cable accountable to the contract that it has
with the City in which an upgrade was to be completed two years from a date on
December 1995. I know that it is up to the discretion of the City Council to decide
whether or not to enforce some of the penalties, such as the $250/day for TCI's failure to
complete the construction. My question is, does the City Council intend to enforce that?
Nov/ I don't think we had December. Do you remember what date we had?
Dale Helling/ February.
Nov/ February something?
Helling/ Yes, the end of February. The actual effective date, and the date that told the two years
was February 26 to February 28 of 1996, so they would have two years from that date to
complete it.
This represents only a reasonably accurate transcription of the Iowa City council meeting
of December 9, 1997.
F120997
#5 page 2
Abreu/
Okay. I'm not here to get into an argument about a date, but they actually did sign a
letter of agreement with the contract on December 27, 1995. This is a letter I have from
TCI Cable and --
Nov/ We're talking about the date that the franchise became effective, which was after that.
Abreu/ Right.
Kubby/ Well, we expect people to pay their water bills on time, and their parking tickets on
time, we should expect TCI to fulfill their contract.
Abreu/ Exactly. I think that if the contract is not enforced with a company, how can we as
citizens have to pay, I'm not saying not to pay our water bills, but the late fee that is
imposed on us for a late water bill, or a parking ticket, I mean, I'm not saying not to pay
your parking ticket, but that late fee comes into play. These are the things that I feel fair
would be fair, to hold them accountable. And the only reason why we're here asking for
this is because continuously, TCI has told us that they will bring it back when they get the
upgrade. So, our concern is to get the upgrade done as soon as possible.
Nov/ We understand.
Abreu/ Thank you.
Kubby/ Could you update us about the possible discussions with the University Channel about
having Univision on the University Channel? I saw something in the paper about that.
Abreu/ What we heard is, Arlene Hess has been trying to make arrangements with the University
Channel. I really have not been part of any of those negotiations, so I really have no idea
exactly where they stand on that. As of now, the news comes on at 4:30 in the morning.
Kubby/ Thank you. Thanks for all your work on this.
Nov/ At least they could put the news on at 11:00. Why would they wait?
John Paul/ Hello, City Council. My name is John Paul, and I come on a little different role. I
am the appointed Commissioner of Latino Affairs, Department of Human Rights, for this
area, by the Governor, and I'm also the Chair of that Commission. And I, first of all,
wanted to, I received something a little while ago, it's funny that tomorrow's Human
Rights Day in Iowa City, which I think is wonderful. I also received something on A
Summary on Diversity and (Can't understand) and that's something that City Council has
This represents only a reasonably accurate transcription of the Iowa City council meeting
of December 9, 1997.
F120997
#5 page 3
sponsored with Coralville City Council. I thought that that was a wonderful panel to
open up diversity and open up a dialogue of diversity.
Nov/ I think that panel had representatives from various cities, but I don't believe it was a City
panel.
Paul/ Okay.
Nov/ We have a Human Rights Commission, which we appointed, but I think you're not
referring to that one.
Paul/
Okay. Nonetheless, it's a nice document. I wanted to just take a couple minutes. First of
all, my first intention was to introduce myself, let you know who I am, let you know that
I am in your area, if you need anything. As direct communication with the Governor and
with the State, and Department of Human Rights, I am here to help out with that. Second
of all, I wanted to kind of thank you also for the efforts that the Council has done
regarding TCI, and bringing back Univision. And just to re-look at the issue and say it's
something that people need in Iowa City and Coralville area. There is a lot of Latinos
who depend on it. But there is also students, high school students, college students that
they are trying to learn a second language and people at large that are trying to learn a
second language, or even get a different perspective or point of view than the one they've
got. And I know you've heard this message, but I just wanted to come back and re-
emphasize it. Thank you.
Nov/ Thank you. Is there anyone else who would like to speak on a topic that is not on tonight's
agenda? Okay.
This represents only a reasonably accurate transcription of the Iowa City council meeting
of December 9, 1997.
F120997
#6b page 1
ITEM NO. 6b PLANNING AND ZONING MATTERS - Public heating on an ordinance
amending the Zoning Chapter by changing the zoning designation for a five acre tract
located at 3151 Highway 6 East from County Rural (A1) (2.59 acres) and Rural
Residential (RR-1) (2.41 acres) to RM-20, Medium Density Multi-Family Residential
(REZ97-0017).
Nov/ (Reads agenda item #6b). P.h. is open.
Sarah Holecek/ Madam Mayor, as we do not have a signed conditional zoning agreement on
this, pursuant to State Law, we need to continue the p.h.
Nov/ Okay. Is there anyone who would like to speak on this topic? All right. We need a
motion.
Kubby/ Move it to the December 16th.
Norton/ Second.
Nov/ Okay. Continued to 12/16. Moved by Kubby, seconded by Norton. Is there any Council
discussion on this ordinance before we actually vote on the continuance? Okay. All in
favor of continuing the p.h. to December 16th, please say aye- (ayes). Opposed san~e
sign. Motion carded.
This represents only a reasonably accurate transcription of the Iowa City council meeting
of December 9, 1997.
F120997
December 9, 1997 City of Iowa City Page 8
c. Public hearing on an ordinance amending the Zoning Chapter by
amending Title 14, Chapter 6, "Zoning," Article B, "Zoning
Definitions," Section 2, by changing the definition of Transient
Housing to increase the number of days persons are able to stay as
temporary residents.
Comment: At its November 6 meeting, bY a vote of 6-0, the Planning
and Zoning Commission recommended approval of the proposed
amendment. Staff recommended approval in an October 31
memorandum.
Action: ~¢ ' ~--~ ~~-~ -~ ~'_
d. 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.
Correspondence regarding this item was previously distributed.
(1)
(2)
Public Hearing
(continued from ~O~ber 21, November 11, and November 18)
Action:~/ ~-' ~-~_~/')~(~'J~
Consid6r a Resolutio~ ~dopting /~~
e. Consider an ordinance 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) (Second consideration)
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.
#6d page 1
ITEM NO. 6d PLANNING AND ZONING MATTERS - The Comprehensive Plan, including
the South District Plan.
1. Public Hearing (continued from October 21, November 11, and November 18)
Nov/ Item (d) is our Comprehensive Plan. And we have a p.h. followed by a resolution to adopt
the Plan. We are including in this p.h. and adoption three items, first of all, the draft
Comprehensive Plan, which is the large book, the South District plan, which is the small
book, and a list of amendments proposed by the City Council, which is two sheets of
paper. Comments are welcome on all three of these items, and we will, after the p.h. have
a motion to add the amendments. P.h. is now open.
Karr/ Could we have a motion to accept correspondence?
Kubby/ So moved.
Vanderhoef/ Second.
Nov/
It's been moved and seconded that we accept correspondence. All in favor, please say aye-
(ayes). Motion carded. We have had no comments at the p.h. We're going to consider a
resolution to adopt the Comprehensive Plan as recommended by the P/Z Commission
with the addition of the amendments, please move to adopt.
2. Thornberry/ Move adoption of the Comp Plan, with amendments.
Nov/ Okay, moved by Thomberry.
Norton/ Second.
Nov/ Second by Norton. Okay. Is there any Council discussion on the Plan, the South Side
Plan, the amendments?
Kubby/ Yeah, I have a few comments.
Nov/ Okay, go.
Kubby/ This is a really important document because it's kind of a vision of how we see our
community progressing in the next twenty years, so it seems important to make some
comments about it. It's a year-long process, or a year and a half-long process with a lot
of community participation. And the last City Council tried very hard to get a real
diversity of people on each Task Force that looked at different areas of the City like
This represents only a reasonably accurate transcription of the Iowa City council meeting
of December 9, 1997.
F120997
#6d page 2
public safety, environmental protection, urban land use, parks and rec, economic well-
being, trans-- land-use and urban pattern, transportation, and social services, as well as
parks and rec issues and open space. So it was a real inclusive process. And there are a
couple of things I wanted to highlight, that I really, really like about the Plan. But first I
wanted to talk about one concern I have, and I'm not sure if my concern is based on the
lack of this item being in the Plan, or if it's just because it's a new way of doing business
that I just need to get used to. And what that is is that this Plan, it talks about where
we're going to grow. We've got growth boundaries that are based on watersheds. That's
a really environmentally sound and efficient way to provide sewer services to the
community. It kind of, it talks about how we're going to grow, in terms of what kinds of
neighborhoods we're going to create, and where commercial space should be, and
industrial space should be. But it really doesn't talk about when development will
happen in the community. And in the past, we've had kind of a phased plan where
there's a map in the Comprehensive Plan, where it said in Phase 1, which is a certain
number, a range of years, that we would develop over here, here, and here, and then the
next phase in different areas, and a third phase. And that was supposedly there to let the
community know where to expect growth, or to know to allow the development
community to have expectations about where we're going to put money for capital
improvements projects like roads and bridges and sewer pipes and water pipes. And that
"when" is missing from this plan. And so we're kind of switching things around in this
new way of doing business by having our seven-year, at least in the past it's been a
seven-year capital improvement projects program that would outline where all of these
capital projects would happen, and when they would happen. Although that can change
on an annual basis. So, I'm a little nervous about that ever-changing list of plans that
projects jockey around on a year-by-year basis through development pressures,
community desires, and the market. So, I wanted to express my concern about that,
although I'm certainly willing, it's what we're going to do, so I want us to spend more
time on that process. We usually don't spend a whole lot of time on that. But the things
that are really great about this plan, I want to highlight a couple of areas. One is a
sentence in this plan that say that environmental protection is kind of the basic tenet on
which to base Iowa City's future, the vision of our Iowa City's future. That's a very
important statement to me. Another new concept in this Plan is that we're going to look
at our community as different groups of neighborhoods. Looking at neighborhoods not
only as distinctly commercial or residential, but to try to create incentives and plan for
mixed kinds of neighborhoods that may have different styles of housing, various levels of
incomes of the households who live in any one neighborhood, and make neighborhoods
very walkable and livable. This Plan talks about quality of life issues in terms of livable
wage, in terms of having good access to goods and services. This Plan talks about arts
and cultural activities as important and viable economic endeavors that happen in this
community, that also have a lot to do with our quality of life. This plan talks about when
we build new schools for the school district, that the City works with the school district to
This represents only a reasonably accurate transcription of the Iowa City council meeting
of December 9, 1997.
F120997
#6d page 3
provide public recreational facilities and meeting spaces within those schools. This Plan
also talks about fair-share concept for housing, where we don't have certain areas of town
where there are, that's the only place where there is affordable or lower-cost housing.
And this Plan talks about daycare, which is an ever-important issue in this community, as
more and more people are working longer hours and more jobs and more people are
going from welfare to work, daycare issues are of primary importance to our community.
So I'm very glad that our Plan touches on all of those things, and I hope that the
community will watch us very carefully as we switch from having the "when" of when
we develop go from the Comprehensive Plan as the guide, to the Capital Improvements
Project, and hope that you will guide us as your Council in making those decisions.
Norton/ Madam Mayor, I would like to add a comment to what Karen has said. I think we also
agree to this consideration of when we do things, to try to do our Capital Improvements
Planning in the fall, rather than late in the spring. Right after the first of the year, we get
into budget issues, and we get real tied up with those, and we have to get budgets together
by the middle of March, and then we have to rush into the CIP, the Capital Improvements
Plan. And I think what we're trying to do is, as I understand it, is to do that more
patiently in the late fall each year, and get that well in hand, consider all the timing
issues, before we even start into the major budget process. So I think that, at least as I
understand it, that's what is going to be the way we take account of timing of projects.
And also, I'd add to the question about neighborhoods, what the Comp Plan recognizes is
that if you look around the town, we have a lot of pleasant neighborhoods, and the
question is, can we create new ones that in some ways emulate the model that we already
have in front of us? I think that's the challenge we're looking toward. It's a really
impressive document, and we intend to refer to it, live by it.
Nov/
And I would like to send our thanks again and again to all the citizens who volunteered on
all the committees that formed the goals that eventually ended up in this plan. They
worked hard, and they deserve our recognition.
Norton/ Yeah, those committees were formed in 1994, weren't they? Those --
Nov/ Yeah.
Norton/ It led to the task force that, yeah.
Nov/ Were you on one of those, Dee?
Norton/ Yes.
This represents only a reasonably accurate transcription of the Iowa City council meeting
of December 9, 1997.
F120997
#6d page 4
Nov/ It took a long time, but all those goals are eventually getting here. Is there any further
discussion of the Comprehensive Plan? All fight. Now, City Attorney, do we need a
formal amendment which adds the changes made by the City Council included in the
Franklin memorandum?
Holecek/ No, I don't believe so. We've discussed it at length at the work sessions, and I believe
that's been in your original motion, "as amended".
Nov/ Okay. Now, roll call- (yes).
Kubby/ So then, Karin, we will get new copies of the Comprehensive Plan with those revisions
incorporated? All right.
Nov/ And they're also talking about a little bit neater layout. They're going to do some
revisions.
Vanderhoef/ I'd just like to say thank you to Karin Franklin who orchestrated this whole thing
for the last two and a half years, and did a marvelous job. Thank you.
Nov/ Absolutely. Marvelous .job.
This represents only a reasonably accurate transcription of the Iowa City council meeting
of December 9, 1997.
F120997
December 9, 1997 City of Iowa City Page 9
9'1- $ ~; / ,~
fo
Consider 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)
(Second consideration)
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.
Correspondence requestin~ expedited consideration included il~
Counci packet.
Action=,~~;~
ho
Consider 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) (Second consideration)
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. Corresponde. nce requesting expedited consi(Jeration
included i!3 Council packet. ~ _~/~~.//-~;~'~,, .,~ ~'~
Act i o n: ~/~.~,~../
Consider a resolution approving a preliminary and final plat of
Highlander Development, Second Addition, a 15.8 acre, six-lot
commercial subdivision located northeast of the intersection of
Interstate 80 and Highway I North. (SUB97-0028)
Comment: At its November 20 meeting, by a vote of 7-0, the Planning
and Zoning Commission recommended approval of the plat, subject to
approval of legal papers, construction drawings, a grading and erosion
control plan, and provision for secondary access. Staff recommended
approval subject to conditions in a report dated November 20.
#6h page 1
ITEM NO. 6h PLANNING AND ZON12qG MATTERS - Consider a resolution approving a
preliminary and final plat of Highlander Development, Second Addition, a 15.8 acre, six-
log commercial subdivision located northeast of the intersection of Interstate 80 and
Highway 1 North. (SUB97-0028).
Nov/ (Reads agenda item #6h).
Vanderhoef/ Move adoption of the resolution.
Thornberry/ Second.
Nov/ Moved by Vanderhoef, seconded by Thornberry. Discussion?
Holecek/ Madam Mayor, the legal papers are in order for this development.
Nov/ Thank you. Anything else? Roll call- (yes). We have approved this resolution.
This represents only a reasonably accurate transcription of the Iowa City council meeting
of December 9, 1997.
F120997
December 9, 1997 City of Iowa City Page 10
Consider a resolution approving a preliminary and final plat of M&W
Addition, a 0.48 acre, two-lot residential subdivision located at 803 S.
Summit Street. (SUB97-0029)
Comment: At its November 20 meeting, by a vote of 6-1 with Ehrhardt
voting no, the Planning and Zoning Commission recommended approval
of the plat, subject to approval of legal papers prior to Council
consideration and language being added to the legal papers regarding
Historic Preservation Commission review and payment in lieu of
sidewalk construction. Staff recommended approval in a report dated
November 20.
Action:
ITEM NO. 7.
....
CONSIDER AN 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.
(SECOND CONSIDERATION)
ITEM NO. 8.
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 AN ORDINANCE AMENDING TITLE 3, "CITY FINANCES,
TAXATION AND FEES,' CHAPTER 4, 'SCHEDULE OF FEES, RATES,
CHARGES, BONDS, FINES AND PENALTIES" OF THE CITY CODE, TO
INCREASE WASTEWATER SERVICE CHARGES AND FEES IN IOWA CITY,
IOWA. (SECOND CONSIDERATION)
Comment: The proposed ordinance for wastewater service charges and
fees reduces the minimum usage from two hundred (200) cubic feet to
one hundred (100) cubic feet and the minimum fee charged is reduced by
50%. Fees are then increased by 10%. A new five percent (5%) late
penalty fee on the current portion of the bill is added. A new two-tiered
rate structure for BOD is included. The effective date is for billings on or
after March 1, 1998.
Action:
#6i page 1
ITEM NO. 6i PLANNING AND ZONING MATTERS - Consider a resolution approving a
preliminary and final plat of M&W Addition, a 0.48 acre, two-lot residential subdivision
located at 803 S. Summit Street. (SUB97-0029).
Nov/ (Reads agenda item #6i).
Norton/ Move adoption of the resolution.
Thornberry/ Second.
Nov/ Moved by Norton, seconded by Thornberry. Please.
Holecek/ Madam Mayor, the legal papers are again in order for this development as well.
Nov/ Okay. Cecile Kuenzli would like to say something about this.
Cecile
Kuenzli/ I didn't expect to be here this evening, although I'm glad for the opportunity
because there's been very little occasion for public input on this. I first saw the sign go
up on this property about a month ago, I guess. And I decided to go to the P/Z
Commission meeting to talk to the issue. But prior to going, I asked someone what time
the issue would be coming up on the agenda, so as not to have to sit there all evening. I
was given a time range, got there five minutes before the earlier time range, and found
out when I walked in that the item had been voted on fifteen minutes before my arrival.
Expressing dismay at that point, Ms. Holecek -- I expressed dismay and Ms. Holecek
suggested, when I asked her, that there would be an opportunity to speak this evening.
CHANGE TAPE TO REEL 97-164, SIDE B
Kuenzli/ A group of us earlier at the, had been at the Historic Preservation Committee meetings
since 5:30 this evening. I guess then, another thing that bothers me about the process is,
as ! called neighbors after missing that P/Z opportunity, to ask what they felt about this,
were they aware of it, virtually no one was aware of the proposed change. And I noticed
on the, I believe the Saturday before the heating which was on a Thursday, the sign
informing neighbors of the hearing was no longer on the property and it has not been
there ever since that Saturday. So, I think it would have been difficult for people to know
about it ifI hadn't been calling and letting them know. I think what's at issue here is a
little bit special because it's within the historic district. And when you think about what
it is that makes historic districts special, and Summit Street special, I think it's more than
just old houses or houses of a particular age, or of a particular architectural style. Part of
This represents only a reasonably accurate transcription of the Iowa City council meeting
of December 9, 1997.
F120997
#6i page 2
the Summit Street charm and the historic character is the streetscape. And the streetscape
is formed in a variety of lot sizes. These houses sit on lots well back from the street,
sometimes far away from other houses, sometimes quite close to other houses. But,
nevertheless, the general appearance is one of a park-like atmosphere. And so I think
when you're asked to consider a change in the lot size on Summit Street, you also have to
consider whether this change is appropriate to the historic character of the district. I think
it was easy, in absence of any neighborhood input, for the P/Z Commissioners to drive by
the site, look at it, and say oh well, there are already two duplexes next to the railroad
tracks on the west side of the street, and there is currently a duplex, an older house, that
sits on the lot in question at 803. And so the feeling was, well, you know, why not.
There's a duplex already there. I would suggest that those other duplexes which are there
are, yes, they are there, they've been there for a good while, but the two ones south of this
property sit on a lot which, when I consulted the plat, I discovered to be 140-feet wide.
Therefore, they're unobtrusive. They sit way back, and there's a lot of space on either
side of them. The duplex that sits on the 803 property is to one side of what is, depending
on which plat you consult, either 85.6-feet wide, or 90-feet wide. Therefore, it too is
fairly innocuous. However, when I looked at the plat some more, well, when I looked at
the memorandum, the staff memorandum, the staff memorandum to the Historic
Preservation Commission, it seemed to suggest that there was a precedent for creating 45-
foot lots on the street because there already was a 45-foot lot, and a 33-foot lot on the
street. Well, that 33-foot lot has since become a 43-foot lot, when the owner purchased
1 O-feet from his neighbor. So there is one other 45-foot lot on the street. From Court
Street south to the railroad tracks, there are 43 properties, 43 houses sitting on lots. Of
those, there's one 45-foot lot. Therefore, it seems to me that lot size is a factor which
determines the appropriateness of this subdivision project. When I looked at all those 43-
lots on the plat, and I added up the width of the lots on the front, the average lot size on
the west side of Summit, the average lot size was 83-feet on both sides of the street, from
Court to Bowery, from Court to the railroad track. When I took a closer look to the block
affected by this subdivision, that is, from Bowery street south to the railroad, on the west
side of the street, the average lot size is 89.3-feet wide. On the east side of the street, the
average size of the lots in that block is 96.6-feet wide. Therefore, I question the
suitability of dividing a lot which already is 85 or 90, whichever one it is, which is the
same size as the average width of lots on that street. If you subdivide that lot, you're
creating two lots which would only be half of the size of the average lots in the block on
which it sits. To create the subdivision of this lot is, it seems to me, is to use the
exception to justify the rule at this end of the street. Why should the exception become
the rule? In his memorandum to the Historic Preservation Commission, the author states,
"Rather than seeing this as a potential intrusion within the district, I would encourage the
Commission to see this as an opportunity to demonstrate how in-fill development can be
introduced appropriately into historic and traditional neighborhoods." Well, it seems to
me that given the average width of lots on the street in general, and in that block in
This represents only a reasonably accurate transcription of the Iowa City council meeting
of December 9, 1997.
F120997
#6i page 3
particular, it's difficult to see how you can consider the subdivision as anything other
than an intrusion into the historic district. Plus, I think there's another matter that you
should consider before approving this. In the last five years, and most dramatically
within the last year, last one to three years, there have been three structures located about
150 to 250 feet from this lot which have been converted from one, a rooming house, one,
a duplex where the roof was falling in, and three, one was an apartment house. These
three houses have been converted back to single-family dwellings. One of those houses
won an Historic Preservation Award this year, this past May, and another one of those
three houses won an Historic Preservation Award the previous year. Therefore, it seems
to me that if there's any trend in this area, it looked pretty shabby before. It's getting to
look better. There's one more property, a duplex on the west side of the street, located
just south of the Summit Street Gallery. It's an old house, it's duplexed, it's owned by
the owner of the Summit Street Gallery. He wanted to be here this evening, he was over
at Historic Preservation, he had to leave, so I'm speaking for him. He said to me that he
would like to see that duplex be turned back into a single-family house, but that he doubts
it's very likely to happen if there's a wall of duplexes across the street from it. There's
just not much incentive for someone to purchase a house and turn it back into a single-
family dwelling. So, it seems to me that to subdivide this lot would mn counter to the
trend in the neighborhood towards reclaiming and restoring older homes to single-family
residences. Therefore, I guess I request that you reconsider subdividing this lot,
considering its appropriateness within the historic neighborhood where the average lot
width is twice what the new subdivision would be.
Nov/ Unfortunately, I'm not sure we can do that. I think if it fits the RS-8 zone, we have to
allow it.
Holecek/ The subdivision meets all of the requirements of State Code, as well as the underlying
zoning does support the subdivision. And, as you know, with regard to a subdivision
plat, you do not have as much discretion as of course you do with regard to zoning. The
legal papers are in order. The infrastructure is in order to support the subdivision, the
new lot that's being created. In fact, access has been addressed as far as the other
infrastructure issues, so it's my opinion that it's outside your discretion at this point.
Nov/ That's what I was afraid of. We have a recommendation here from the Historic
Preservation Commission that we consider rezoning to RS-5 for future development in
this area. Is this something that Council feels like doing? We should at least consider
their recommendation. John, do you want to say something?
John Shaw/ You want me to just read it into the record?
Nov/ Yes, that would be fine.
This represents only a reasonably accurate transcription of the Iowa City council meeting
of December 9, 1997.
F120997
#6i page 4
Shaw/ I'm John Shaw. I'm Chair of the Historic Preservation Commission. This is a
memorandum resulting from our very recent meeting. "Based on comments expressed by
residents of the Summit Street Historic District, the Historic Preservation Commission
requests that the existing RS-8 zoning be assessed to be determined if RS-5 zoning is not
a more appropriate zone for properties located within the District."
Thornberry/ I have a question. Ma'am, I didn't, I don't know --
Novick/ Please, Cecile, your name.
Kuenzli/ Cecile.
Thomberry/ Pardon me?
Cecile/ Cecile.
Kuenzli/ Cecile. My name is Cecile Kuenzli.
Thornberry/ Do you speak for the neighbors, for the Summit Street neighbors, or are you
speaking as an individual, or --?
Kuenzli/ I contacted everyone I could think of in the immediate area. There are not more
people. A plane is coming in from Europe for one neighbor, another neighbor had child
car -- two other neighbors had child care obligations, so did a third, another one had a
sick mother, and so it, so it went. One of the houses on the street is for sale, so there's no
one representing that. And at the property immediately adjacent to this property has just
been sold to someone who was, who did speak next door at the Historic Preservation
Commission meeting, but had to go on to another meeting. So, in a sense, yes, I'm
representing everyone who couldn't be here. I'm not representing only my own views. I
was very careful to contact as many people as I could in this block and on down into
Sheridan, who would be interested. I contacted everyone, really.
Thornberry/ I tried to contact John Penick who was moving today, so.
Kuenzli/ He moved today, right. But Jim Marshall, who bought his house, was here. And he
said that had he known, he said "I bought this house--" I'll quote him, and he said "and I
will say that I paid a 'Summit Street price for that house."
Thomberry/ He did.
This represents only a reasonably accurate transcription of the Iowa City council meeting
of December 9, 1997.
F120997
#6i page 5
Kuenzli/ And he said "IfI had known about this project," he said, "things might have been a
little bit different." He said "I won't say that I wouldn't have bought the house, but you
know, my offer might have been different."
Thornberry/ That's quite a ways away from the property that we're talking about.
Kuenzli/ Right.
Thornberry/ I remember when it was farmland, and a barn was there, and they tore down the
barn, which I hated to see. But anyway, --
Kuenzli/ But ! think, because it is an historic district, considerations have to be a little bit special
here.
Thomberry/ One of the considerations that we, that we talked about last night was the fact that
they were not adding another driveway with this property. They're going to be using the
same driveway, which, with the parking in the back, and all of those considerations, I
think it was a well thought out spread of property.
Kuenzli/ lfthey'd added another driveway, they wouldn't have room to build on anymore. So, it
was a convenient solution for the development of the property.
Thornberry/ I understand. But they could have put a driveway fight out the front, had it right up
to the front, basically. Even though it's down quite a bit in elevation from the street.
Nov/ A little bit.
Kubby/ Depending on what Historic Preservation would approve, because those plans do need
to be approved by that Commission.
Thomberry/ Right.
Nov/ The Commission needs to approve the plan of the house and I also asked them to consider
the City Council request for the streetscape. And I assume that --
Audience/ (Can't hear).
Nov/ Yeah, I --
Thornberry/ I think there were two people that mentioned trees. You and Karen.
This represents only a reasonably accurate transcription of the Iowa City council meeting
of December 9, 1997.
F120997
#6i page 6
Nov/ Yeah.
Thornberry/ I don't know if it was a, if it was a unanimous Council recommendation.
Nov/ It wasn't a unanimous recommendation, however, we did ask that they consider it.
Baker/ It got four votes, Dean.
Norton/ We all voted for it.
Nov/ Don't worry about it, there were four.
Thornberry/ I'm just saying, last night, it wasn't. I mean you're just talking out of school,
Naomi.
Nov/ I didn't, it was not unanimous.
Thornberry/ It was two people that said "Hey, Karen, let's talk to them and see if we can get
some trees put in there." That was the only thing that was said.
Nov/ There were several nods, however.
Norton/ Yes. No vote.
Nov/ And we did not take roll call.
Baker/ You were falling asleep, Dean.
Nov/ We have one dissenter.
Thornberry/ No, no. I'm just saying, hey, I've got more trees in my yard than half the people in
town, and I planted those so --
Nov/ Okay.
Thornberry/ That's not the point. I'm just saying state the facts. Please. John?
Shaw/ I will, perhaps I will say, I spoke with Naomi earlier today on the telephone, and I will
say that it is our Commission's intent to coincide and grant the wishes of the Council
whatever those may be, if we are legally authorized to do so. We talked about the trees,
This represents only a reasonably accurate transcription of the Iowa City council meeting
of December 9, 1997.
F120997
#6i page 7
we talked about two trees, and I said that certainly is something that could very easily be
considered.
Thomberry/ Not a problem.
Nov/ If it was considered a part of the Historic District, they could consider it along with
setbacks and everything else that's part of the Historic District.
Norton/ One thing --
Nov/ They will think about it.
Norton/ One thing that concerns me about Cecile's comments, and the proposal that we consider
RS-5 zoning, wouldn't it be sensible in this case to look at all the historic areas as they
come along and make sure that the zoning is considered and among the
recommendations, so that we aren't doing this after the fact. And we're probably unable
to do it in the case of that bears on this situation. Maybe we should look at them in
advance and see if we've got some problems in that area and others.
Shaw/
It certainly would be. It would be appropriate in virtually all the existing neighborhoods
in town. And one of the things that we spent a considerable amount of time discussing
tonight is the fact that this is basically an issue concerned with the underlying zone, rather
than the Historic Overlay Zone. Most of the concerns expressed by the people of Summit
Street had to do with what was being allowed due to an RS-8 zone rather than anything
that was necessarily tied to historic preservation.
Norton/ But that's the existing --?
Shaw/ Yes.
Norton/ What is the minimum lot size, Sarah, in --?
Holecek/ I'm not sure. Perhaps Karin can answer that.
Norton/ What's the minimum that's permissible, in that area, Karin?
Karin Franklin/ In the RS-8 zone, I believe it's 5,000 square feet. In RS-5, it's 8,000 square
feet.
Norton/ But in terms of frontage, there's no specific requirement --
This represents only a reasonably accurate transcription of the Iowa City council meeting
of December 9, 1997.
F120997
#6i page 8
Franklin/ Yes.
Norton/ Just square footage.
Franklin/ There's a minimum frontage, and I'm not sure what the minimum frontage is in RS-8.
It would be at least 45.
Norton/ I was going to say, the question that was raised about the actual dimensions, I said last
night that I'd stepped it off, and I couldn't get two, get two 45s out of it.
Franklin/ It has been surveyed, and both lots are 45.0-something, .03.
Norton/ Which includes the sidewalk of course, so the paveable area's 90 minus 15, I guess.
Thomberry/ How do you figure that?
Norton/ Well, there's, isn't there a driveway in there that's part of that.
Nov/ No, that's part of it.
Lehman/ That's part of the lot. You've got to count that, too.
Nov/ You count the driveway.
Lehman/ You count that, too.
Norton/ But I mean, where are you going to put the house and the driveway, you know.
Nov/ Yeah, but --
Norton/ It's going to be a tight squeeze.
Nov/ Your frontage includes your driveway.
Norton/ It's going to be a tight squeeze.
Franklin/ The design of the development as someone pointed out, Karen or Naomi, that is going
to be looked at very carefully by the Historic Preservation Commission. That's where
Historic Preservation comes into play. And I guess, I'd just like to remind the Council
that when we have adopted historic districts, it is an overlay, and it is an overlay on the
existing zoning. And as we have gone through the process over the years, of adopting
This represents only a reasonably accurate transcription of the Iowa City council meeting
of December 9, 1997.
F120997
#6i page 9
historic districts and putting them in place, the issue of the property rights of the
individuals who own property there, and what they have at the time that that district has
been imposed, has been put forward as something that will be maintained. So, I think, as
you look at historic districts and the underlying zone, if you're going to take a position
that you are going to look at downzoning because it is a historic district, think about that.
Kubby/ It's part of the trade-off for having the protection of our ordinance, although some
people would say our ordinance could be stronger, is protecting those underlying rights.
And so, in a certain way, I mean, I feel trapped in a legal way in terms of voting for this
resolution because everything's legal, and there's no legal reason to say no to it. But, it is
unfortunate that we're in this place. I don't think there are very many in-filled lots in
many of our historic districts. And maybe a few more in our future conservation districts
where this issue may come up more frequently. And so I don't think this is going to
happen very often, but I, probably, I will be supporting it begrudgingly because there's no
legal reason not to, but, and I know our Historic Preservation Commission will look at
things like setback and materials and what the streetscape looks like. I mean, the Summit
Street doesn't have a lot of buildings, if any, where the garage is the main visual
component of the house. And that, because of the layout of the plat, that probably won't
happen here, either. But those are some of the issues that Historic Preservation can look
at. I'm assuming they can look at materials.
Franklin/ Absolutely.
Holecek/ That's been written into the legal papers as well, Karen.
Thornberry/ Karin, I have a question regarding the zoning as it was when the, when the Historic
Preservation Overlay was in place. Was it, was it already an RS-8?
Franklin/ Yes.
Lehman/ Well, it would seem to me, we would have little choice in the matter. We followed the
legal requirements, so that we must in fact subdivide this lot. Anything that is built on
that lot must pass muster with the Commission.
Franklin/ That's correct.
Lehman/ And that is the only effect that we're going to have on construction on this piece of
property. Because we cannot legally refuse to subdivide it. Is that correct?
Holecek/ That's correct. The minimum lot frontage is indeed 45 feet, 5,000 square feet for the
underlying zone. And it's the underlying zone that vests the property rights in the
This represents only a reasonably accurate transcription of the Iowa City council meeting
of December 9, 1997.
F120997
#6i page 10
persons who own that. And we are constrained with regard to our discretion in
subdivision processes under State law. And we're to the point that we don't have that
discretion with this particular project.
Nov/ Right. And it is also in the staff's analysis that lot's square footage on each side exceeds
8,700 square feet, and therefore, they may have a duplex. It's actually just under 10,500
square feet, so it's not even close to the minimum square footage.
Franklin/ No, they're long, narrow lots.
Baker/ Right.
Nov/ So there is a possibility of a potential long, narrow duplex?
Franklin/ Yes. However, the design issue is critical here. And that's where the Historic
Preservation Commission has the authority to insure that the building that is built there is
compatible with the district.
Thornberry/ Without undue harassment.
Norton/ Well--
Thornberry/ That cannot happen. Just because --
Franklin/ Of course.
Thornberry/ Karin, I understand that. But I don't want the Historic Preservation Commission to
think that we as a Council don't want it, so they need to do something to preclude that
being built, and I don't think that's --
Nov/ I'm sure they know that.
Kubby/ No, the message is that it must be compatible --
Thomberry/ I just want to put that in the record.
Kubby/ With the historic nature, and the current flavor of that neighborhood.
Franklin/ It's a foregone conclusion, I believe, Dean, that something will be built there.
Nov/ And it will be compatible.
This represents only a reasonably accurate transcription of the Iowa City council meeting
of December 9, 1997.
F120997
#6i page 11
Franklin/ But it's the compatibility issue.
Nov/ The owners have agreed to that.
Thomberry/ That's right. That's right.
Franklin/ The Commission cannot take away the right of the property owner to do something on
that property. It's just a matter of coming to terms on design.
Thomberry/ I understand.
Lehman/ Why don't we vote and do this, so that the Commission can get this and work on the
design?
Kubby/ Well, there might be some other neighbors here who might want to speak.
Ruedi Kuenzli/ I am a property owner off Summit Street, on Summit Street.
Nov/ Would you say your name?
R. Kuenzli/ My name's Ruedi Kuenzli.
Nov/ Thank you.
R. Kuenzli/ And I'm the Historic Preservation Commissioner representing Summit Street. I
looked at the plats and the plats that I was shown indicated the width of the lot on 803 S.
Summit Street as being 86.8. I was told that it was measured by a reputable company,
and that it came out to 45.03. 45 is the absolute minimum to build a single-family house,
or a duplex, anywhere in the City. And this is why I wonder if one should not re-measure
the lot size, especially the width. Thank you.
Nov/ Thank you. Is there anyone else who would like to speak about this?
Thomberry/ Sarah, have those plats been, like, certified? I mean --
Holecek/ Well, that was the question.
Franklin/ I don't have the plats with me. I'd have to go check.
This represents only a reasonably accurate transcription of the Iowa City council meeting
of December 9, 1997.
F120997
#6i page 12
Holecek/ But generally when they are submitted, they are signed by a certified surveyor, as
required by State law, and that, what that does is put their license on the line that that is
indeed a correct measurement.
Lehman/ But Sarah, even if we would vote to do this, if it tums out that the measurements are
wrong, then it couldn't be done?
Holecek/ That's correct.
Lehman/ So--
Thomberry/ If it's below minimum.
Holecek/ That's right.
Norton/ Well, somebody will check that, I think.
Nov/ It's interesting. We do have a plat, and it's prepared by MMS, but I don't see an actual
signature.
Karr/ Well, you wouldn't, perhaps, on yours. It would be the one in my office, and I will go
check if you'd like me to.
Nov/ Well,--
Lehman/ It doesn't make any difference.
Nov/ Well, there's Glen Meisner's name on it, there's a line for Notary Public. I'm sure he did
it.
Norton/ Well let's just be sure that the size is checked. If there's some way to do that. Because
it looks tight. That's all I can say.
Baker/ That would automatically be done, wouldn't it?
C. Kuenzli/ (Can't hear).
Nov/ Well, that's an aerial photograph rather than a surveyor's plat. What we had here was a
different thing.
Thornberry/ Okay. Sure, if it's not certified, if it's not wide enough --
This represents only a reasonably accurate transcription of the Iowa City council meeting
of December 9, 1997.
F120997
#6i page 13
Nov/ Cecile, you want to see this one? You may have a copy if you want it. This is the one that
has the measurements for each lot. Would you say your name and then please go ahead.
Margaret Felling/ My name's Margaret Felling. My husband and I are co-presidents of the
Longfellow Neighborhood Association. And I'd just like to express that every time an
issue such as this comes up in our neighborhood, because of the nature of the
neighborhood, it causes a lot of anxiety on the part of the neighbors, and there's often a
general feeling that we don't know soon enough ahead, or it takes, we kind of come up to
the last moment, in addressing these issues. It sounds like there really is nothing too
much we can do to change the position here tonight, but I just, I guess I want to express
that we are interested in what happens, and in other neighborhoods, North Side,
Goosetown, you know, those neighborhoods, are affected by the same kinds of things that
we are. And it's just kind of an ongoing problem. So, I just want you to know that we're
interested and we're here.
Nov/ What we have done in other areas is a Conservation District. And I think that precludes
any increase in density. But it still maintains the current people who are there. I mean, if
someone has already converted to a 16-dwelling apartment unit, they're not illegal. They
can remain, and they can rebuild. But it prevents other properties from being converted
to higher density.
Kubby/ Why would we get a Conservation District that's (can't understand) we don't have any?
We have enabling legislation to have those districts. We identify, but there aren't any
yet. But it's something Historic Preservation's going to work on in the next year.
Nov/ And so, if this were designated a Conservation District at RS-5, it could work, could it not?
Baker/ It's the downzoning.
Kubby/ The whole area, and Longfellow's RS-8.
Franklin/ You still have to deal with the underlying zoning, even with the Conservation District.
What a Conservation District does is it designates an area like a Historic District, but it
doesn't meet the Historic District requirements in terms of age or nature of the structures.
And it outlines that this particular area has certain characteristics that you wish to
conserve. And again, it is a design-type of review, as a density. It's an overlay on that
underlying zoning. So, you always need to look first at the issue of the underlying
zoning, and whether you feel that that is appropriate, or not.
Nov/ Didn't we have some area that had been designated RNC-127
This represents only a reasonably accurate transcription of the Iowa City council meeting
of December 9, 1997.
F120997
#6i page 14
Franklin/Now, that is a different concept. The Conservation Districts, as we adopt them and
overlay them on areas, which we have not done yet --
Nov/ Okay.
Franklin/ Is different from the RNC designation which is Residential Neighborhood
Conservation and then a certain density.
Nov/ That's the one I was thinking about.
Franklin/ That's the one you were thinking of. And that's where it holds the density at some
level, and tries to create stasis in the neighborhood in terms of its staying about the same.
Allow some redevelopment, but only for the density that's already there.
Nov/ Correct.
Franklin/ That's a different concept than a Conservation District.
Nov/ Now, is it possible to maintain that kind of RNC overlay with an Historic District?
Franklin/ Yes. You could. But again, you are setting, you're setting the density by the RNC
designation. And it's that number after it that is critical. So whether it's five or eight or
twelve, which is the density units per acre, that's the very important part. Now, when you
get down into the RS-8 and RS-5, an RNC is, if you, for instance, in this neighborhood, if
it was changed from RS-8 to RNC-8, what that would do is basically nothing.
Nov/ Basically nothing.
Norton/ I hear you.
Franklin/ It doesn't do anything.
Nov/ Okay.
Kubby/ But some of the concerns about process come from the fact that this is a plat.
Franklin/ It is a plat.
Kubby/ And that there usually isn't the same kind of public notification, even our kind of
informal notification to the neighborhood associations.
This represents only a reasonably accurate transcription of the Iowa City council meeting
of December 9, 1997.
F120997
#6i page 15
Franklin/ Well, there's the notification that goes out when the P/Z packet goes out. That agenda
and then we have the map that shows where certain activities are taking place. That
always goes out to the neighborhood association leadership. And so, they get that.
Granted, it's the Friday before the P/Z meeting. But then, there is that next week at P/Z
at a minimum, assuming that it doesn't have to go to repeated P/Z meetings. And then,
there's the Council. So, there's usually at least a two or three week period in which this
is out there for discussion.
Norton/ What's post it in the yard, what sign?
Franklin/ That's a sign that says that there is a subdivision, but it's not a public hearing. The
P/Z Commission holds public discussions. And it is different from the Council in that
they will take comments on any item that is ever before them during their formal
meetings, which is a little bit different from your format, in that you have formal public
hearings, but only on re-zonings, and text amendments, and Comprehensive Plan
amendments. The plats, because it is more of a ministerial function, as you don't have a
lot of discretion, we don't have public hearings at the Council level. But obviously, you
allow public input.
Baker/ Madam Mayor, I just had --
Norton/ There was the sign up. I guess my question was was there some confusion about the
sign?
Franklin/ The sign that was up should have said that this property was subject to a subdivision.
We have different signs for subdivision, for re-zoning, and for Board of Adjustment
actions. And that should have been up there. And that gives notification of the P/Z
Commission's deliberations. It does not then take the next step to indicate when the
Council is going to hear an item.
Norton/ But it would have been up then, about a week ago or so.
Franklin/ Whenever it first went to P/Z. Yeah. Which is probably when Cecile saw it.
Audience/ (Can't hear).
Nov/ Well, this happens.
Franklin/ Dorm rooms. I don't know.
This represents only a reasonably accurate transcription of the Iowa City council meeting
of December 9, 1997.
F120997
#6i page 16
Audience/ (Can't hear)
Thomberry/ The City Clerk got the original to see if it was certified.
Karr/ It is indeed certified.
Thomberry/ It is certified.
Nov/ Yeah, I assumed it would be, as MMS would have signed the final copy. Is there any other
discussion here?
Okay. Roll call- (yes). We have approved this resolution.
This represents only a reasonably accurate transcription of the Iowa City council meeting
of December 9, 1997.
F120997
#8 page 1
ITEM NO. 8 CONSIDER AN ORDINANCE AMENDING TITLE 3, "CITY FINANCES,
TAXATION AND FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES, CHARGES,
BONDS, FINES AND PENALTIES" OF THE CITY CODE, TO INCREASE
WASTEWATER SERVICE CHARGES AND FEES IN IOWA CITY, IOWA.
(SECOND CONSIDERATION).
Nov/ (Reads agenda item #8).
Norton/ Move second consideration.
Kubby/ Second.
Nov/ Moved by Norton, seconded by Kubby. Discussion?
Venderhoer/ Yes. I'm sorry I didn't bring this up last night, but as I was reading the packet
today, and looking at the article that had been submitted by one of our constituents about
complaining about, actually, the 5% late fee. It dawned on me that, for me, when I was
putting the 5% late fee in there, I was doing it, trying to assess also the administrative fee,
not just the fee that would before the actual water or wastewater that would be charged to
this bill. So, I would like to propose that we think about changing this 5% to doing a $3
administrative late payment fee, and then going back to a 1.5% late fee on the unpaid bill.
It more directly reflects --
Karr/ And I believe that's item 9 on the agenda that --
Vanderhoef/ But the 5% is on every one of them.
Nov/ Yeah, it's going to happen three times.
Vanderhoef/ That's why I brought it up to start with.
Norton/ (Can't understand).
Kubby/ I think we need to hear from Don, as to what that actually does to an average bill. Does
that add up to more than $5?
Norton/ Might be.
Kubby/ And if it does, I would call it even more wildly outrageous than $5 that I think --
Norton/ Yeah, I think yes.
This represents only a reasonably accurate transcription of the Iowa City council meeting
of December 9, 1997.
F120997
#8 page 2
Nov/ No, this is 5%.
Kubby/ I mean the 5%.
Nov/ This is $5 only if you have a $100 water bill.
Kubby/ Would it add up to more than 5% in total for the average, which I doubt it would, but
until we see numbers, I'm hesitant, I want to see what the numbers will be. This is a
perfect reason why, like in the last item, I voted no to collapse, because things come up.
And that's one of the reasons for having three considerations on ordinances, so we have
time to deal with these kinds of issues. And I'd love to see what those numbers look like,
between now and when we have our next meeting.
Nov/ Don, did you have a chance to think about this at all this afternoon?
Vanderhoef/ It was very late. I will apologize for that, Don.
Don Yucuis/ I'm sorry, no, I did not.
Kubby/ I really like the sentiment. I appreciate it. If we hear from Bruce rather than other folks,
that's great.
Norton/ What did you say 5% would amount to? I mean, given a bill of what, $100, there's $5,
is that what we're talking about?
Yucui$/ If you look at the average residential, which is approximately $60-some dollars, you're
looking at a little over $3.
Nov/ You're talking about water and wastewater and trash pick-up.
Yucuis/ I'm talking everything but State sales tax.
Nov/ Okay. So you have about $60 on an average bill. And you have about $3 for late fee if
you haven't paid it.
Norton/ Presumably people pay the whole thing at once, not just pieces of it, right? So we could
look at it --
Yucuis/ All over the board, Dee.
This represents only a reasonably accurate transcription of the Iowa City council meeting
of December 9, 1997.
F120997
#8 page 3
Norton/Huh?
Yucuis/ Most of the time you do, but they're all over the board.
Kubby/ But people don't come in and say "I'm only going to pay my refuse part of this bill"?
Norton/ No.
Kubby/ I mean, they may pay a partial portion of the total, but they're not saying this is just for
my water bill.
Yucuis/ We apply where the money goes. When the money comes in, if they pay a certain
portion, we have instruction to go either to water first, and then sewer, and then refuse,
and that's the latest bill, and it goes to the current. So someone can't just go in and say I
want to just pay that.
Norton/ But we're looking at around $3 for a typical user, at the most. I mean, in general.
Yucuis/ Approximately.
Norton/ A reasonable number, the 5% is kind of in the vein you're talking about already, Dee.
Vanderhoef/ All right. This I understand. But, the article that was sent to us has to do with
current (can't understand) law and some litigation that has gone on nationally about this
in late fees with TCI and a few others. And they're saying that this is an inordinate
amount to charge this way, even though I said, I was thinking, I was getting
administrative charges back, which would happen in this thing, and what this litigation
appears to be saying is that we're charging more for the actual water/wastewater and the
product that we're putting out there, not for the administrative charge.
Kubby/ You want to call it what it is.
Vanderhoeff So I want to call it what it is, and split it apart. One is an administrative fee,
because we do have charges of our secretarial work, our stationery, and sending out these
letters out for re-notification, and postage and all those things. That is an administrative
charge.
Nov/ However, don't we also have a reconnection charge, and doesn't that include
administrative?
Lehman/ But that's not in this number here.
This represents only a reasonably accurate transcription of the Iowa City council meeting
of December 9, 1997.
F120997
#8 page 4
Nov/ Well, I'm not sure. I want to know how this has been allocated in the past. Maybe it's
been allocated in the reconnection fee, which includes all the administrative late notices.
Vanderhoef/ Presuming that it's the same customer. But we know customers that leave that are
not the people who do the reconnect.
Norton/ But if this is the case, Cedar Rapids is a big bill. They've got a 10% fee, presumably.
Now, I don't know. These figures we got with Cedar Rapids with 10%, Clinton with
10%, Coralville with 10% on water. So a lot of people are going to have real troubles if
what you're saying is true.
Vanderhoef/ Well this is just this article from the Wall Street Journal, which has a couple of test
cases out there, and I thought that if we're making the change, perhaps this is the time we
should be looking at it.
Kubby/ Why don't we get a legal memo?
Vanderhoef/ And I would be happy to go ahead and vote second consideration tonight, and --
Norton/ Get a change?
Vanderhoef/ And ask legal to please take a look at it. Let Don look at it again, and maybe we
can talk about it Monday night before we come back on Tuesday.
Holecek/ Dee, I'm not necessarily familiar with the particular cases that are being addressed, and
I do want to point out that there are different regulatory structures, and you have franchise
agreements with a company such as TCI. And there are regulatory watchdogs. So it may
not be comparing apples and apples. There may be a very different --
Nov/ Yeah.
Vanderhoef/ That's fine, you can tell me.
Nov/
There are various corporations out there that offer credit and then put a phenomenal late
fee on there. I mean, you might have a situation where you owe then $9 but their late fee
is $6. And it doesn't matter if you owe them $100 or $50 or $9, their late fee is $6. And
this is the kind of thing that TCI was doing. They were not doing percentages. So I think
our percentage system is much more fair. And I don't think that we're going to run into
the same kind of lawsuit that they were going into.
This represents only a reasonably accurate transcription of the Iowa City council meeting
of December 9, 1997.
F120997
#8 page 5
Lehman/ Don, if I'm not mistaken., this fee, if you will, is really designed to cover our costs in
having to re-bill. Is that not correct? I mean, we're not penalizing anybody.
Yucuis/ I don't believe we, we did not look at actual costs to cover -- the intent was to give
people an incentive to --
Thomberry/ To pay their bills on time.
Yucuis/ To pay on time, or within the 22 days, so that we don't have to send out as many
notifications to people to say "you're late".
Thomberry/ Where did the 5% come from then? Why not something else, other than 5?
Baker/ I thought 5 looked good.
Kubby/ He gave us the chart, and we said 5 was, the majority said that 5 was fine.
Norton/ With other cities, I guess.
Nov/ Yeah. If we had said that 10 was better than 5, Don would have said okay.
Norton/ Well why don't we let the staff figure this out before next time, as Dee suggests. In
other words, see if there's a possible legal problem, see what the numbers would be
breaking it into two sections, and you see how exactly this relates to the cost of late bills.
Yucuis/ I'm looking at the $3 plus 1.5% and what that means, dollar-wise, for a bill?
Nov/ That is a rough estimate from one Council member. The basic premise is, do we want an
administrative fee, followed by a percentage fee, based on late payments? And if the
administrative fee tums out to be something like $2.25, you know, whatever you think
it's worth. It doesn't have to be $3.
Kubby/ Maybe three examples, a minimum user, an average user, and an above-average user.
Yucuis/ Are you just looking at residential users, or all users?
Kubby/ Well, the fee goes to all users, doesn't it?
Nov/ Yes, definitely all users.
Yucuis/ It goes to all users.
This represents only a reasonably accurate transcription of the Iowa City council meeting
of December 9, 1997.
F120997
#8 page 6
Kubby/ Well then we maybe need a fourth example of an industrial user.
Nov/ We also need to be a little concerned about, is it the industrial large user that doesn't pay
on time, or is it the average homeowner that doesn't pay on time. I mean, if the industrial
users are forever paying on time, it doesn't matter.
Thornberry/ I think the average homeowner pays on time.
Nov/ But the --
Thomberry/ Well, the average homeowner.
Nov/ I'm not saying an average homeowner, I'm trying to say and average user amount. Are we
concerned about the average amounts of this kind of thing, or are we concerned about the
heavy user?
Thornberry/ They'll find out before the next time?
Nov/ Yeah.
Yucuis/ We'll get some information back to you.
Kubby/ Okay. And if it's anywhere near what 5% would be for those different categories,
simplicity is important.
Yucuis/ That is one thing I'm going to check, is to see how simple this is to program into our
computer system. I'm real hesitant to tell our staff to spend a lot of hours to program
something that'll, that makes a lot of sense in your mind, but it does take us a lot of time
to program it, because of the way our system is. I just want to pass that on.
Thornberry/I think if the legal question is all right, --
Norton/ We'll check it out.
Thornberry/ Just check with Sarah.
Holecek/ So, to recap, you want me to look into this TCI litigation, and Don will look at the
practical implications.
Thornberry/ I think, perhaps, if you just get, is the 5% okay, we do it.
This represents only a reasonably accurate transcription of the Iowa City council meeting
of December 9, 1997.
F120997
//8 page 7
Vanderhoef/ Whether we can collapse the administrative fees --
Thornberry/ I don't think you need to go to a lot of time and effort.
Yucuis/ I'm saying, the legal part of it is, if we're voting Tuesday, and Sarah's got her work cut
out for her.
Thornberry/ Don't spend a lot of time.
Kubby/ Well, we do need four examples of what an appropriate administrative fee and 1.5% will
take 5 minutes to put together.
Nov/ Without reprogramming anything. Just a basic example.
Kubby/ No, I wasn't talking to you, I was talking to Dean. Sorry.
Thornberry/ You were?
Kubby/Yeah. That request that Council made was not a time-consuming request.
Thornberry/ Well, but Don's indicating that it was, that it was a big problem.
Kubby/ If it is, if--
Thornberry/ To go through all of that.
Nov/ If we change, it, but we may not change it.
Thornberry/ We may not.
Kubby/ His point was that if we went to this, how big of a problem it would be to reprogram.
Yucuis/ Doing the numbers is not that big of a deal. I just want to make sure that we can do this,
if that's what you want to do.
Thornberry/ Okay.
Nov/ Thank you, Don. We're back to the original vote. And we had a request for information
not an amendment and a second, correct?
This represents only a reasonably accurate transcription of the Iowa City council meeting
of December 9, 1997.
F120997
#8 page 8
Thomberry/
Nov/
Karr/
Nov/
That is correct.
Okay. Roll call- (yes). Okay. We have approved second consideration.
Can we accept correspondence here then, since it was already discussed, rather than later?
Okay. Motion to accept correspondence?
Kubby/ So moved.
Nov/ Moved by Kubby.
Thomberry/ Second.
Nov/ Seconded by Thomberry.
All in favor, please say aye- (ayes). Motion carried.
This represents only a reasonably accurate transcription of the Iowa City council meeting
of December 9, 1997.
F120997
December 9, 1997 City of Iowa City Page 11
ITEM NO. 9.
CONSIDER AN ORDINANCE AMENDING TITLE 3, "CITY FINANCES,
TAXATION, AND FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES,
CHARGES, BONDS, FINES, AND PENALTIES" OF THE CITY CODE, TO
INCREASE WATER SERVICE CHARGES AND FEES IN IOWA CITY, IOWA.
(SECOND CONSIDERATION)
Comment: The proposed ordinance for water service charges and fees
reduces the minimum usage from two hundred (200) cubic feet to one
hundred (100) cubic feet and the minimum fee charged is reduced by
50%. Fees are then increased by 15%. A new five percent (5%) late
penalty fee on the current portion of the bill is added. The effective date
is for billings on or after March 1, 1998.
Action:
ITEM NO. 10.
CONSIDER AN ORDINANCE AMENDING TITLE 3, "CITY FINANCES,
TAXATION AND FEES," CHAPTER 4, "SCHEDULE OF FEES, ~RATES,
CHARGES, BONDS, FINES AND PENALTIES" OF THE CITY CODE, TO
ADD A DELINQUENCY CHARGES OF FIVE PERCENT TO SOLID WASTE.
(SECOND CONSIDERATION)
ITEM NO. 11.
Comment: The proposed ordinance includes a five percent (5%) late
penalty fee on the current portion of the bill.
Action: ~?~ ~/~//~~
CONSIDER AN ORDINANCE AMENDING TITLE 14, ENTITLED "UNIFIED
DEVELOPMENT CODE," CHAPTER 3, ENTITLED "CITY UTILITIES,"
ARTICLE A, ENTITLED "GENE~L PROVISIONS," SUBSECTION 6,
ENTITLED "BILLING AND COLLECTION PROCEDURES; DELINQUENT
ACCOUNTS" OF THE CITY CODE TO AUTHORIZE A DELINQUENCY
CHARGE WHEN THE ACCOUNT IS CONSIDERED DELINQUENT.
(SECOND CONSIDERATION)
Comment: The proposed ordinance adds-in language regarding when the
five percent (5%) delinquency charge is assessed. Correspondence
included in Counc, packet.(
Action:
#9 page 1
ITEM NO. 9 CONSIDER AN ORDINANCE AMENDING TITLE 3, "CITY FINANCES,
TAXATION, AND FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES,
CHARGES, BONDS, FINES, AND PENALTIES" OF THE CITY CODE, TO
INCREASE WATER SERVICE CHARGES AND FEES IN IOWA CITY, IOWA.
(SECOND CONSIDERATION).
Nov/ (Reads agenda item #9).
Lehman/ Move second consideration.
Norton/ Second.
Nov/ Moved by Lehman, seconded by Norton. Discussion?
CHANGE TAPE TO REEL 97-165, SIDE A
Nov/ If we change the 5% to something else, it would also apply to water.
Lehman/ And also to the next one.
Nov/ Okay. I just want to be sure we're clear on that. Roll call- (yes). We have approved
second consideration of that ordinance.
This represents only a reasonably accurate transcription of the Iowa City council meeting
of December 9, 1997.
F120997
#10 page 1
ITEM NO. 10 CONSIDER AN ORDINANCE AMENDING TITLE 3, "CITY FINANCES,
TAXATION, AND FEES," CHAPTER 4, "SCHEDULE OF FEES, RATES,
CHARGES, BONDS, FINES AND PENALTIES" OF THE CITY CODE, TO ADD A
DELINQUENCY CHARGE OF 5% TO SOLID WASTE. (SECOND
CONSIDERATION).
Nov/ (Reads agenda item #10).
Lehman/ Move second consideration.
Vanderhoef/ Second.
Nov/ Moved by Lehman, seconded by Vanderhoef. Discussion?
Thornberry/ Now, this does say a delinquency charge.
Nov/ That's what the others were, also.
Nov/ Late penalty, delinquency, it's all the same idea.
Norton/ Late penalty fee, all the way.
Thornberry/ A delinquency charge as opposed to --
Kubby/ If you do something bad while you're using your water.
Thornberry/ Yeah. You're delinquent. You have a delinquency charge.
Nov/ All right. we're not talking about juvenile delinquency. Roll call- (yes; Kubby, no). We
have approved this on a 6/1 vote, Kubby voting no.
This represents only a reasonably accurate transcription of the Iowa City council meeting
of December 9, 1997.
F120997
#11 page 1
ITEM NO. 11 CONSIDER AN ORDINANCE AMENDING TITLE 14, ENTITLED "UNIFIED
DEVELOPMENT CODE," CHAPTER 3, ENTITLED "CITY UTILITIES," ARTICLE
A, ENTITLED "GENERAL PROVISIONS," SUBSECTION 6, ENTITLED "BILLING
AND COLLECTION PROCEDURES; DELINQUENT ACCOUNTS" OF THE CITY
CODE TO AUTHORIZE A DELINQUENCY CHARGE WHEN THE ACCOUNT IS
CONSIDERED DELINQUENT. (SECOND CONSIDERATION).
Nov/ (Reads agenda item #11).
Lehman/ Move second consideration.
Thomberry/ Second.
Nov/ Moved by Lehman, seconded by Thornberry. Roll call- (yes). We have approved second
consideration.
Kubby/ Just to be clear, I voted on yes on this last one, because the change in the ordinance is
"when" the charge is assessed. I voted no on the previous item, because of the amount of
the charge.
This represents only a reasonably accurate transcription of the Iowa City council meeting
of December 9, 1997.
F120997
December 9, 1997 City of Iowa City Page 12
ITEM NO. 12.
CONSIDER AN ORDINANCE AMENDING TITLE 8, ENTITLED "POLICE
REGULATIONS," CHAPTER 7, ENTITLED UWEAPONS," TO PROHIBIT THE
USE OF BOWS, ARROWS AND CROSSBOWS WITHIN THE CITY.
(PASS AND ADOPT)
ITEM NO. 13.
Comment: The City has recently received several inquiries about hunting
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 appl~~rsons discharging an arrow from a bow or crossbow
at artstat~oi~;y-~0DTect provided the person has the permission of the
property owner and the person exercises due care and caution to avoid
striking people or animals.
Action:
CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND
THE CITY CLERK TO ATTEST AN EXTENSION AGREEMENT FOR FY97
PARATRANSlT 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, December 1997. The total cost for the extension is
$47,182. Any fare revenues in excess of $2,567 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.
Action= ~~~,j/ ~~
#12 page 1
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 CITY. (PASS AND
ADOPT).
Nov/ (Reads agenda item #12).
Lehman/ Move adoption.
Vanderhoef/ Second.
Nov/ Moved by Lehman, seconded by Vanderhoef. Discussion?
Thornberry/ Yes, I have a question about the stationary object. I thought we --
Lehman/ We changed that.
Norton/ I think the wording in the ordinance is "inanimate", isn't it?
Lehman/ Yes.
Thornberry/ Yes, "inanimate", not "stationary". Because we were talking about a moving target.
Norton/ But I think the ordinance has that word in it. The ordinance I think is fight.
Lehman/ I think he's right.
Norton/ "Inanimate" in the ordinance.
Kubby/ That amendment was done last time.
Thornberry/ But this still says "stationary".
Kubby/ The comment just is not amended.
Nov/ Okay. We amended the ordinance, but didn't amend the comment. Okay?
Thornberry/ Thank you.
Nov/ This is pass and adopt. Any further discussion? Roll call- (yes; Baker, no). We have
approved this on a 6/1 vote, Baker voting no.
This represents only a reasonably accurate transcription of the Iowa City council meeting
of December 9, 1997.
F120997
#13 page 1
ITEM NO. 13 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 #13).
Thomberry/ Move adoption of the resolution.
Norton/ Second.
Nov/ Moved by Thomberry, seconded by Norton. Discussion? I really thought I was going to
sign that one before I left. Not going to happen. Roll call- (yes). We have approved the
resolution.
This represents only a reasonably accurate transcription of the Iowa City council meeting
of December 9, 1997.
F120997
December 9, 1997 City of Iowa City Page 13
ITEM NO. 14. CONSIDER A RESOLUTION NAMING DEPOSITORIES.
ITEM NO. 15.
~0~
Comment: This resolution will correct the names of four depositories and
the home office location of one depository. This resolution will also
increase the maximum depository balance at one institution and add a
new financial institution to the depository list. On July 18, 1997, Magna
Bank, F.S.B. became Magna Bank, N A as all Magna Banks in Iowa were
combined into one banking entity. Three names of depositories are being
updated to reflect the names as they are listed on the State of Iowa
Approved Bank List. Firstar Bank is being changed to Firstar Bank Iowa
N A. Iowa State Bank is changed to Iowa State Bank & Trust Co. Hills
Bank & Trust is changed to Hills Bank & Trust Co. The home office
location for Firstar Bank Iowa N A is Des Moines, IA. We are
recommending that the investment limit at Hawkeye State Bank be
increased to $10 million. We are recommending that Brenton Bank be
added to the list of depositories.
CONSIDER A RESOLUTION APPROVING THE DESIGN OF EXTERIOR
ALTERATIONS TO THE SOUTH CLINTON STREET STREETSCAPE FACADE
OF OLD CAPITOL MALL, PHASE II.
Comment: Heirman Retail Properties through their designer FRCH Design
Worldwide has submitted a final review application for the approval of
design exterior alterations to the Clinton Street streetscape and facade of
Old Capitol Mall. This is phase II of the previously approved project which
included the facade alterations and raised plaza and ramp for Taco Bell. At
its November 24, 1997 meeting by a vote of 5-0, the Design Review
Committee recommended that the City Council approve the application
with the condition that the tube frame supporting the wall graphic be
painted the same color as the tube frame of the signage canopy.
Correspondence and drawings regarding the prospect are included in the
Council packet.
ITEM NO. 16. ANNOUNCEMENT OF VACANCIES.
a. Current Vacancies.
(1)
Human Rights Commission: One vacancy to fill an unexpired
term ending January 1, 2000. (Mary Theisen resigned.) (3 males
and 5 females currently serve on this Commission.)
Correspondence included in Council packet.
This appointment will be made at the January 13 Council meeting.
#14 page 1
ITEM NO. 14 CONSIDER A RESOLUTION NAMING DEPOSITORIES.
Nov/ (Reads agenda item #14).
Thornberry/ Move adoption of the resolution.
Vanderhoef/ Second.
Nov/ Moved by Thornberry, seconded by Vanderhoef. Discussion?
Kubby/ What's the advantage of increasing the amount to $10,000,0007
Yucuis/ We ask the local banks, periodically, if the limit that is placed on them is sufficient for
them to invest with us. And when they get up to a certain limit, and they want to try to
invest with us more, or we invest with them, than we have to increase the limit. It's no
magical number. It's more based on what the bank is, how competitive the bank is and
how willing they are to bid on our investments.
Kubby/ So it makes it more attractive for the bank to want us to invest with them?
Yucuis/ It gives them a little more flexibility for us to give them more money. If we don't
increase it, then they are limited, and we have to make sure we watch that and when we
get up to the limit, we don't call them anymore as far as new investments. We call them
for re-investments though.
Nov/ Tell me, while you're here, what does "N A" stand for?
Thornberry/ Not available.
Yucuis/ Sorry, Dean.
Holecek/ I believe it is North America.
Nov/ North America, thank you.
Thornberry/ Wow.
Baker/ How can you argue with that?
Nov/ Any other discussion?
This represents only a reasonably accurate transcription of the Iowa City council meeting
of December 9, 1997.
F120997
#14 page 2
Thomberry/ I'm sure Norton could come up with it.
Lehman/ That was legal opinion.
Nov/ Roll call- (yes). We have approved this resolution.
This represents only a reasonably accurate transcription of the Iowa City council meeting
of December 9, 1997.
F120997
#15 page 1
ITEM NO. 15 CONSIDER A RESOLUTION APPROVING THE DESIGN OF EXTERIOR
ALTERATIONS TO THE SOUTH CLINTON STREET STREETSCAPE FACADE OF
OLD CAPITOL MALL, PHASE II.
Nov/ (Reads agenda time #15).
Thornberry/ Move adoption of the resolution.
Norton/ Second.
Nov/ Moved by Thornberry, seconded by Norton. Discussion?
Vanderhoef/ I'd just like to comment that the Heitman Properties and the Mall Association
group are recognizing that the entire City is looking towards updating and rejuvenating
and revitalizing downtown, and I'd like to recognize that they have seen this in their
property and are doing something, and I think it will make a very exciting Clinton Street.
It will create some new look. It will create possibilities that haven't been there before,
and I see Clinton Street becoming a very definite gateway into our south town area. I
appreciate it.
Nov/ Thank you.
Thornberry/ Very nice.
Nov/ Anything else? Roll call- (yes). We have approved the resolution.
This represents only a reasonably accurate transcription of the Iowa City council meeting
of December 9, 1997.
F120997
December 9, t997 City of Iowa City Page 14
b. Previously-Announced Vacancies.
(1) Airport Commission: One vacancy to fill an unexpired term
ending March 1, 2003. (John Penick resigned.) {4 males and 0
females currently serve on this Commission.)
This appointment will be made at the December 16 Council
meeting.
ITEM NO. 17.
ITEM NO. 18.
CITY COUNCIL APPOINTMENTS.
Consider four appointments to the Public' Art Advisory Committee: To
fill one one-year term, two two-year terms, and one three-year term
all beginning January 1, 1998. The Committee will be comprised of
two community representatives and two a~professionals. (This is a
new Committee.)/)
b. Consider one appointment to the Board of Adjustment: 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.)
Action: /'~ /~/~""~"~/~P_ ,
c. Consider one appointment to the Design Review Committee: To fill an
unexpired term ending July 1, 1999, for a Business or Property Owner
from the Central Business District or Near Southside Neighborhood.
(Daryl Woodson resigned.) (2 females and 4 males currently serve on
this Committee.)
Action:
CITY COUNCIL INFORMATION.
#17 page 1
ITEM NO. 17 CITY COUNCIL APPOINTMENTS.
Nov/ Also, today, we are supposed to appoint somebody to the Board of Adjustment. We're
going to defer that one to December 16th because we didn't have any applicants.
Thomberry/ Well, we --
Kubby/ We got one tonight. But I think many of use would like to wait until our discussions
(can't understand).
Nov/ Yeah, I haven't had time to read anything that came tonight.
Norton/ I spoke to somebody today, too, so I want them to have a chance. I don't know whether
they'll respond.
Nov/ Yeah.
Thomberry/ We do have one very good applicant.
Norton/ Oh yes, I know T.J.
Nov/ Well, nevertheless, some of us were out speaking to others today, and saying that they had
until next week to put in an application --
Baker/ I got mine in.
Nov/
That's fine. It'll wait till next week, anyway. So, I'm going to announce, for December
16th, we will consider another appointment, one appointment to the Board of Adjustment,
a five-year term, ending January 1, 2003. Now, for tonight, we have four appointments to
the Public Art Advisory Committee. For a one-year term, we would like Deborah
Galbraith. For two-years, Kevin Hanick, and Lesley Wright. For three years, Nancy
Purington. We also have one appointment to the Design Review Committee to fill an
unexpired term. This is going to end July 1, 1999, and we'd like to appoint Tara
Cronbaugh. We need a motion.
Norton/ So moved.
Kubby/ Second.
Nov/ Who moved, Kubby?
This represents only a reasonably accurate transcription of the Iowa City council meeting
of December 9, 1997.
F120997
#17 page 2
Kubby/ Norton.
Nov/ Norton? And Kubby second?
Thornberry/ Yeah.
Nov/ Okay. Any discussion?
Kubby/ This was another example of many very well qualified people applying for the Public
Art Advisory Committee. I want to encourage people who applied who are not being
appointed to still be involved in that. There's going to be a lot of need for education of us
as policy-makers, and of the general public, about the importance, both in terms of
quality of life, and economic well-being, in terms of public art in our community.
Nov/ And I did contact one of them, and said please consider the Board of Adjustments. So we
may have more applicants. Okay. All in favor of these nominees, please say aye- (ayes).
Motion carded.
This represents only a reasonably accurate transcription of the Iowa City council meeting
of December 9, 1997.
F120997
#18 page 1
ITEM NO. 18 CITY COUNCIL INFORMATION.
Nov/ We're on City Council Information.
Karr/ On the Board of Adjustment, we are not going to re-advertise?
Lehman/ No.
Nov/ I think we're just going to defer.
Karr/ Then we need a motion.
Nov/ Okay.
Kubby/ So moved.
Lehman/ Second.
Nov/ Okay. It's been moved by Kubby and seconded by who?
Lehman/ I did.
Nov/
Lehman. Okay. To defer to December 16. Any discussion? All in favor, please say aye-
(ayes). Opposed, same sign. Motion carried. Now, we're on City Council Information.
Mr. Norton, would you like to start?
Norton/ Well, I think I'm going to pass. I left some crucial notes at home, but I will pass
anyhow. There'll be another opportunity.
Nov/ Okay.
Norton/ I've got a couple of--
Nov/ Next week you'll have a longer list.
Norton/ I'll come up with Steve, I've got some private matters here, but the Dodge Street bridge,
and some things like that, but I'll take them up with Steve.
Nov/ Okay. Karen?
Kubby/ I have nothing tonight.
This represents only a reasonably accurate transcription of the Iowa City council meeting
of December 9, 1997.
F120997
#18 page 2
Nov/ Ernie?
Lehman/ Two things. First of all, Steve, the lights are on in the alleys downtown, and that's a
dramatic improvement.
Steve Atkins/ They're doing pretty good.
Lehman/ Those alleys have been so dark, and they're light.
Atkins/ (Can't understand).
Lehman/ They've been really, really a help.
Atkins/ Good.
Lehman/ And the other thing, and I guess maybe I should let you do this one, Steve, but the
success of that shuttle bus has been absolutely phenomenal. I understand we're going to
have a report after the first month. But if he has numbers --
Atkins/ We did an end of the month report, and it's, it's not finished yet, but I'm sure you'll
have it by this Friday. The numbers are phenomenal. In fact, one day, not too long ago,
we had to hurry up and bring a second bus by.
Lehman/ Unreal.
Atkins/ There'll be some interesting observations. We thought the north side would be the side
of town that would get the most ridership. It is overwhelmingly the southern loop.
Norton/ I thought that was predictable. High density.
Nov/ I could've predicted it, but I've seen that empty bus on Dubuque Street more than once.
Atkins/ So we're doing, we're going to do some promotion work up on the North side, too, just
trying to get that --
Norton/ Don't do too much promotion work.
Atkins/ Well, but you know, it goes in spots, and you're right. I go to work in the morning, and
I see the shuttle going by and it's empty. It goes about 4 blocks around the comer and
it's full.
This represents only a reasonably accurate transcription of the Iowa City council meeting
of December 9, 1997.
F120997
#18 page 3
Norton/ Yeah.
Kubby/ We should remind people about our Saturdays.
Lehman/ And the Saturday.
Atkins/ Yes, we do. That's, it's --
Lehman/ For the next two Saturdays, all buses, all buses in Iowa City and Coralville will be free
all day, the next Saturdays, like they were last Saturday, and I think this is great. I think
it's a nice example of Iowa City and Coralville doing something together. So if you're
going to be traveling anywhere in the metro area, on Saturday, you may ride free.
Nov/ Okay. And I have some Saturday numbers, while we're on that.
Lehman/ Okay.
Nov/ On Saturday, the 29th of November, when rides were not free, we had 974 riders. On the
6th of December, when the rides were free, we had 1,582.
Lehman/ Fifty percent increase. More than fifty percent.
Nov/ Yeah, but part of it is due to Thanksgiving weekend, and half the people are out of town.
Lehman/ You had to throw it in, Naomi.
Atkins/ IfI might add to it, we just discussed today, given the date of Christmas, I think we're
going to offer the 27th, because we assume everybody's going to have to go back
downtown to take everything back that they don't --
Lehman/ No.
Nov/ Yes, yes.
Atkins/ But the point remains that we can probably count on a busy day that day, too.
Lehman/ Double the rates, then.
Vanderhoeff Would it be possible to find out, on that north side route, whether there's been any
change in the use of the CAMBUS on those routes?
This represents only a reasonably accurate transcription of the Iowa City council meeting
of December 9, 1997.
F120997
#18 page 4
Atkins/ We'll ask them about it.
Vanderhoef/ I don't know if there's any connection with that, or not.
Atkins/ The numbers were overwhelming. I mean, it's something like, I don't know, like 85%
of our ridership is on the southern loop.
Norton/ Yeah.
Atkins/ I mean, it's not even close.
Vanderhoef/ Well, I'm wondering if the majority of those people are taking the CAMBUS that
they haven't made a switch over.
Atkins/ We'll check for you. That's a good idea.
Kubby/ We find out about ridership on routes that go through the area that the shuttle goes
through haven't decreased very much, so it's really new riders, not transferring of riders,
from a paid route to our no-paying route.
Atkins/ The first month, that appears to be beating that out.
Kubby/ Good.
Atkins/ I will check the CAMBUS on the north side.
Nov/ Anything else?
Lehman/ Nope, that's it.
Nov/ Okay.
Thomberry/ I have nothing tonight.
Nov/ Dee?
Vanderhoef/ Well, I'm like Dee, I left some notes at home. But, while I was in Philadelphia last
week, I had the opportunity to do a workshop with the public art of Philadelphia, and that
city happens to be the city with the oldest public art program, a 1% program that goes
back to the late 1950s. They presently have over 500 pieces of public art and their
This represents only a reasonably accurate transcription of the Iowa City council meeting
of December 9, 1997.
F120997
#18 page 5
program is far more extensive in that they have two programs, one of them that is with
new construction, and they have another that has to do with redevelopment of old
properties, and how that works. They also require payment from the developer, and the
public art stays with the building if the building is sold. However, one of the things that,
as I was moving around, this was a bus tour, so we did see quite a few of the pieces,
obviously not all of them, but I asked about maintenance and documenting, and whether
they rotated their art pieces unless they were site-specific kinds of art pieces, and both of
the directors from the two different programs said that they have to go big, just literally
big, to get capital funds for restoration and maintenance of their public art pieces.
Thornberry/ Still haven't dealt with a crack in it.
Vanderhoef/ And it's got me to thinking, and I would like Council to maybe discuss the idea that
a certain percent of our $100,000 be dedicated each year towards maintenance and
upkeep of our art projects.
Thomberry/ It'd be wise.
Vanderhoef/ And get ahead of the curve. And I could think right now, in the first year or so, that
we may need to do a little assessment within the City of what we have, and what the
value of it is, and to get it documented, and there may be something that we need to take
care of right away. So, I'd like to bring this back as a work item at some point, if anyone
else is interested.
Nov/ I would delegate it to the Committee.
Kubby/ I'd give that kind of thing to the Committee to bring back as recommendations back to
us. So, I'd like to take it to the City.
Vanderhoef/ I'd just like to go ahead and hook it onto the ordinance that we have.
Thomberry/ Oh, I see. You're thinking of a --
Lehman/ Recommend it.
Kubby/ But before we would act on it, we would give it to the Committee to get the feedback
from them, because that's part of why we have a Committee. So, I'd rather have it go to
them first, and come back to us, and I think it's a real important issue for them to speak to
us about.
Vanderhoef/ Okay.
This represents only a reasonably accurate transcription of the Iowa City council meeting
of December 9, 1997.
F120997
//18 page 6
Norton/ Very good.
Nov/ Baker?
Baker/
Madam Mayor, the rest of Council, I would like to request your indulgence for a few
minutes. Because of a schedule conflict with next Tuesday, this is probably going to be
my last Formal Council meeting. And instead of just leaving my wit and wisdom with
you, as I was wont to do, next week with a long prepared, probably publishable
statement, what I would like to do tonight is to thank some people who I have gotten to
know over the past few years. Some of these people I don't know very well, I know of
them. I just, I've been thinking about this for several weeks, about who it is in Iowa City
that makes Iowa City a better place to live, and this list is not meant to be everybody,
obviously, and the problem anytime you have a list is you will always forget somebody
and they will say to themselves, and to you later, "yeah, but I thought you liked me", and
I do. But in many ways, the people on this list are representative of other people, and it's
my list, so I don't expect you all to agree with me. I can start with people like John
Watson and Nancy Seiberling, an nobody's going to disagree with that. Those are good
people with a long history of public service. There are other people as well, and I've sort
of broken these down into categories. Like a business category, and these people are
known for their business activities, but they do a lot of other things in town as well. Bob
Sierk down at the First National Bank, Gary Watts, Mace Braverman, Johnny Moreland,
Harry Wolf, John Hiatt, John Beckord over at the Chamber of Commerce, Jackie Blank,
Roxanne Argall, people who have done various things, operated businesses, and put in a
lot of other work in this community as well. And there's another person on this list that I
want to talk briefly about, because this is a person that reflects my education in public
service, as well, and that's a man named Jim Clark, the apartment owner. When I got
involved in politics years ago, Jim Clark was the devil, was the reason, I thought, was the
reason I got involved in politics. What I figured out was, Jim Clark wasn't the problem.
The problems was political leadership. Jim Clark, I have come to know personally as an
honorable, intelligent, ethical man, who contributes a lot to this city in a lot of ways. And
he's known for one thing, but his contribution is more varied than that, and I'd like to
thank him for the work he's done in this community. At the University, you can talk
about Dick Gibson, but I was going to talk about Dick Gibson in terms of P/Z as well.
Larry Wilson, Ann Rhodes, there's lots of University people who have contributed to
making Iowa City a better place, and I want to thank them as well. There's a category
here called "government". And one of the things that I think everybody who ever runs
for public office learns, is as soon as you put a face on the people who actually work for
your government, you will learn a lot more, and you'll be a lot more humble. Every City
Council campaign I've ever known, since I've been in Iowa City, somebody, some
candidate always says the problem in Iowa City is we have too many planners, too many
This represents only a reasonably accurate transcription of the Iowa City council meeting
of December 9, 1997.
F120997
#18 page 7
housing inspectors, the City Manager's a crook. Pick your City office, somehow that
person or office is a problem. And what you'll discover, and I think what everybody on
the Council discovers is it's a very good City government. I could start with Marian, and
I will start with her, and I think everyone on this Council, and I think everyone who's
ever watched these meetings, knows the work that she does, so I don't need to explain
that. Bob Hardy, here tonight, Jerry Nixon, Ann Bovbjerg, Rick Fosse, Chuck
Schmadeke, Doug Boothroy, if you'd ever learn to give a concise answer, but Doug has
one of those thankless jobs. I mean, nobody likes the housing inspection department, but
the housing we have the assisted housing program that Doug is involved with, is the best
in the State. And he needs to be thanked for that. Andy Rocca, Julie Tallman, Karin
Franklin who is not here. I've known Karin long before I got into City government. She
was a friend of mine before I knew her as a planner. She is an extraordinary woman, an
extraordinarily capable person, and this City's very lucky to have her working for them.
Dale, who I've know for years, he sits there sort of like A1 Gore, ready to go. When Air
Force One goes down, Dale's there, Dale's ready. But, Dale, I thank you as well. I'd like
to thank R. J. Winkelhake, a man who I've criticized in the past, but who has done many
things in this community, done things differently for the Police Department, and a man
who is again, an honorable, ethical man, and I want to thank him for his service. And a
general category of just citizens, this is the one that's going to be the most conflicted
because a lot of you, Steve in particular, is going to say to me later, how in the hell did
you put that person on your list because that person gave me nothing but grief for the last
four years. So I'm going to start with Ed Barker. Ed is a person who constantly has to
re-evaluate, but he's exactly the kind of person that any community needs, and I want to
thank him. The Reverend Bob Welch, I want to thank him. Again, can be a little bit
irritating, but absolutely necessary. Ed and Betty McCollister, Dick Dolezal, Richard
"Sandy" Rhodes, a man who gives environmentalism the best name. A man who's
intelligence and perseverance have helped shape City policy in a lot of ways that maybe
most people don't know. And I would say his name, I would bet most of the viewing
audience doesn't, can't quite fit together, but you know Sandy Rhodes. He's down here
almost every week, and he's an unforgettable person. Carl Huston, Bob Burns, Mary
Ann Dennis, (Whittelsy ??). When I say the name Jim Harris, some people are going to
think of the bookstore owner, and some people are going to think of the planner who
worked with the City on the Housing and Community Development Commission, and I
mean both of them. Both of them have made valuable contributions to this City. Mary
Lewis is representative of all those people who work in neighborhood associations. Ray
Pechous out at Regina. George Starr, Doug Russell, in particular. Those are individuals
that I think the community is blessed to have. I'm going to finish up with three particular
individuals, and who I have gotten to know very closely, and I think they, they're very
diverse, and they deserve thanks from me as well. The first one is Gary Sanders. Gary
Sanders makes this a more intelligent, entertaining, involved community in a lot of ways.
I got to know Gary in 1981 when we both ran for City Council and lost. So it's sort of
This represents only a reasonably accurate transcription of the Iowa City council meeting
of December 9, 1997.
F120997
#18 page 8
appropriate that in 1997, we both ran for City Council and both lost. But I'm going to
thank Gary for all of his work, even when I disagree with him. He is an intensely
passionate person in what he believes. Sometimes he doesn't let the facts get in the way
of opinions, but I've told him that. But he is a person, I think, that all of us should, when
you see him, thank him for the work he's done. I want to thank Tom Scott. A very close
friend of mine who has been on the Human Rights Commission, the P/Z Commission,
who does enormous amounts of work in the past for this community, and is a close
personal friend of mine. And one of these days when he's not burned out anymore, he
may get back involved, and we'll be all better off for that. One last person I want to
thank is Steve Atkins. I was the only Council member here who was on the City Council
that hired Steve years ago, like what, twenty, thirty years ago? This is an interesting
story. I got Steve his.job.
Nov/ You were the deciding vote, huh?
Baker/
Well, it's a long story. It's back with smoke-filled room stuff. But we went through a
whole series of applicant's, and Steve came out, either the last or the next to the last
applicant to sit down to the interview process. And within three to four minutes, the
Council looked around at each other and said this is the person we're going to hire. There
was a clear difference. There was a quantum leap up in competency, and I think I haven't
been disappointed since then. I think Steve has done an admirable, and that's
understated, an excellent job. I will tell him privately that his posture's a little too stiff,
his hair's a little bit too stiff, he swings that microphone around too hard, and I'm still
looking for the dirt on you somewhere on some prior job that I started looking for years
ago, and I haven't been able to find. But, for those involved in City govemment, they
know how Steve runs the City. Financially, we're much better off than we were when
Steve came here. He is a man involved in his community beyond his work as City
Manager. He's worked for the United Way, and other things. This job is an enormous
strain on his family, and I want to thank his family for not murdering you, because the
last person I want to thank is my family, but let's move on.
Kubby/ How did you get him his job? You haven't told us that part of the story.
Baker/
That's a, that's one of those deals that wasn't done in public, but involved having to
rearrange the way we voted on the City Manager at the time, because there was a system
where you could vote one through five on various categories, and one Council member,
Steve was everybody's first or second choice except for one Council member who kept
going zero, zero, zero, which screwed up the vote total scores for the top two candidates.
So we had to re-evaluate how we were evaluating --
Kubby/ So you fixedit.
This represents only a reasonably accurate transcription of the Iowa City council meeting
of December 9, 1997.
F120997
#18 page 9
Baker/
We fixed it. And Steve has been in my back pocket ever since then. But he, all those
postcards I sent you from various cities on all the trips I've taken over the years, I gave
you the same message on all of those postcards, I won't repeat it now, but you know what
it is. And it's still true. I think we're very lucky to have Steve. This Council, this
community. The last people I want to thank are my wife and children for letting me do
this, and being very understanding. I have forgiven them for sending that money to
Connie Champion's campaign. They worked very hard to get her elected, and I
understand that, so I would like to thank them for being who they are, and I will thank
them more personally later. So, I would also, I'd just like to close out saying I have
enjoyed the last four years, and the four years I had before that. I want to thank all of you
all for putting up with me, and I wish you well in the future. And that's it.
Council/ Thank you.
Nov/ Thank you, Larry, for doing a good job. And, we ought to say that this is work. And we
sit here, and we giggle a little bit, and we tease each other, but this is work, and thanks,
Larry, you've worked hard. I have one last little comment. I saw our City production of
a video on transgender issues. It was very well done. Jerry Nixon here of our City
television staff produced it. There was a viewing of the video at the library followed by a
panel discussion which was also very well done. It's going to be broadcast and re-
broadcast on our cable channel. Watch it. Learn something about transgender issues, and
employment issues for transgendered people. And if anyone is interested in having their
very own copy, it is available for sale from our video department. And that's it.
This represents only a reasonably accurate transcription of the Iowa City council meeting
of December 9, 1997.
F120997
December 9, 1997
ITEM NO. 19.
ITEM NO. 20.
City of Iowa City Page 15
REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY.
a. City Manager.
b. City Attorney.
ADJOURNMENT.
/
#19b page 1
ITEM NO. 19b REPORT ON ITEMS FROM THE CITY ATTORNEY.
Holecek/ Just to update you, I have spoken with Eleanor, and she and Joey are doing just fine.
Nov/ Joey's doing fine. Glad to hear that.
??/ (Can't understand) individually, on a continual basis, this way I can keep (can't understand).
Lehman/ Sarah, has he rolled over yet?
Nov/ Please. we're not keeping track of the details like that.
Lehman/ I've got a granddaughter.
Holecek/ Is this a race with your granddaughter, Ernie?
Lehman/ (Can't understand), roll over today.
Nov/ Oh. We're going the comparison.
This represents only a reasonably accurate transcription of the Iowa City council meeting
of December 9, 1997.
F120997
City Council Meeting Schedule
and Tentative ~/rork Session Agendas
DecemIra- 5, 1~7
December 8 - 21, 1997
Telecast Uve on Cable Channel 4
I December 8
6:30p
7:00p
Monday J
COUNCIL/PLANNING AND ZONING COMMISSION WORK SESSION Counci/Chambers
Comprehensive Plan
COUNCIL WORK SESSION
Council Chambers
7:00p
7:30p
7:45p
8:10p
8:30p
Review Zoning Matters
Old Capital Mall Facade
Memorandum of Agreement - State Historic Preservation Office/Corps of
Engineers--Water Plant Site, Power Dam
Council Appointments: Public Art Advisory Committee (4);
Board of Adjustment (1); Design Review Committee (1)
Council Agenda/Council Time
I December 9
7:00p
FORMAL COUNCIL MEETING
Tuesday
Council Chambers
J December 15
7:00p
COUNCIL WORK SESSION
Monday
Council Chambers
[December 16
6:30p
7:00p
COUNCIL WELCOME RECEPTION FOR
NEW BOARD/COMMISSION MEMBERS
FORMAL COUNCIL MEETING
Tuesday
City Manager's Conference Room
Council Chambers
Keg Ordinance
Hickory Hill West
Water Project Costs
Chutes and Vaults
Sales Tax
HCDC Issues
FUTURE WORK SESSION ITEMS
Landfill Master Plan
Sand Point Wells
DARE Program Review
Sanitary Sewer Repair - New Policy Update
Housing Forum
Peninsula